Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 68095

interest to provide prior notice of, and 

an opportunity for public comment on, 

this action. Based on anticipated BFT 

quotas, recent landings reports, 

availability of BFT on the fishing 

grounds, and current fishing effort, 

these closures are necessary to ensure 

sufficient quota remains available to 

ensure overall 2004 fishing year 

landings are consistent with ICCAT 

recommendations and the HMS FMP. 

NMFS provides notification of closures 

by publishing the closure notice in the 

Federal Register, faxing notification to 

individuals on the HMS FAX Network 

and know fishery representatives, 

announcing the notice on the Atlantic 

Tunas Information Lines, and posting 

the closure notice on the internet at 

http://www.nmfspermits.com.

These fisheries are currently 

underway and delaying this action 

would be contrary to the public interest 

as it could result in excessive BFT 

landings that would preclude planned 

recreational and commercial fishing 

opportunities off south Atlantic states 

later in the season. To provide sufficient 

quota for this late season fishery and to 

remain within ICCAT recommended 

quotas, NMFS must close these fisheries 

before additional landings accumulate. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For all of the above reasons, 

there is good cause under 5 U.S.C. 

553(d) to waive the delay in 

effectiveness of this action.

This action is being taken under 50 

CFR 635.23(a)(4) and is exempt from 

review under Executive Order 12866.

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq.

Dated: November 18, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–25959 Filed 11–18–04; 3:44 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 679

[Docket No. 040106005–4316–02; I.D. 

121603C]

RIN 0648 AP73

Fisheries of the Exclusive Economic 

Zone Off Alaska; Full Retention of 

Demersal Shelf Rockfish in the 

Southeast Outside District of the Gulf 

of Alaska

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule that 

requires the operator of a federally 

permitted catcher vessel using hookand-line or jig gear in the Southeast 

Outside District (SEO) of the Gulf of 

Alaska (GOA) to retain and land all 

demersal shelf rockfish (DSR) caught 

while fishing for groundfish or for 

Pacific halibut under the Individual 

Fishing Quota (IFQ) program. This 

action is necessary to improve estimates 

of fishing mortality of DSR. This final 

rule is intended to further the goals and 

objectives of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) and the 

Fishery Management Plan for 

Groundfish of the Gulf of Alaska (FMP).

DATES: Effective December 23, 2004.

ADDRESSES: Copies of the 

Environmental Assessment/Regulatory 

Impact Review/Initial Regulatory 

Flexibility Analysis (EA/RIR/IRFA) and 

the Final Regulatory Flexibility Analysis 

(FRFA) prepared for this action may be 

obtained from the Sustainable Fisheries 

Division, Alaska Region, NMFS, P.O. 

Box 21668, Juneau, AK 99802–1668, 

Attn: Lori Durall, by calling the Alaska 

Region, NMFS, at 907–586–7228, or 

from the Alaska Region, NMFS website 

at www.fakr.noaa.gov.

Send comments on collection-ofinformation requirements to NMFS, 

Alaska Region, and to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB), Washington D.C. 20503 (Attn: 

NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Tom 

Pearson, 907–481–1780 or 

tom.pearson@noaa.gov.

SUPPLEMENTARY INFORMATION: The 

groundfish fisheries in the exclusive 

economic zone (EEZ) of the GOA are 

managed under the FMP. The FMP was 

prepared by the North Pacific Fishery 

Management Council (Council) under 

the authority of the Magnuson-Stevens 

Act, 16 U.S.C. 1801, et seq. Regulations 

governing U.S. fisheries and 

implementing the FMP appear at 50 

CFR parts 600 and 679.

Background

One of the species groups managed 

under the FMP is DSR, an assemblage of 

seven rockfish species: Canary rockfish 

(Sebastes pinniger), China rockfish (S. 

nebulosus), copper rockfish (S. 

caurinus), quillback rockfish (S. 

maliger), rosethorn rockfish (S. 

helvomaculatus), tiger rockfish (S. 

nigrocinctus), and yelloweye rockfish 

(S. ruberrimus).

The State of Alaska (State) manages 

all fisheries occurring within State 

waters, i.e., within three nautical miles 

of Alaska’s coastline. The FMP defers to 

the State some management 

responsibility for the DSR fishery in the 

SEO, subject to Council and Federal 

oversight. The State management regime 

must be consistent with the goals of the 

FMP. Commercial harvests of DSR are 

managed within the total allowable 

catch (TAC) specified annually by 

NMFS in consultation with the Council. 

NMFS published the DSR TAC for 2004 

in the Federal Register on February 27, 

2004 (69 FR 9261).

Existing State regulations for DSR 

establish fishing seasons (5 AAC 

28.111(a)) and gear restrictions (5 AAC 

28.130), set harvest guidelines for 

directed DSR fishing based on the TAC 

(5 AAC 28.160), and limit the amount of 

DSR that can be retained as bait (5 AAC 

28.190). Also, the State has a full 

retention requirement for DSR caught in 

State waters (5 AAC 28.171). The 

Council and NMFS establish the annual 

TAC for DSR (see 50 CFR 679.20), 

regulate the catch of prohibited species 

in the DSR directed fishery (see 50 CFR 

679.21), set recordkeeping and reporting 

requirements (see 50 CFR 679.5), and 

impose a maximum retention 

requirement for DSR caught incidentally 

in Federal fisheries (see 50 CFR 

679.20(d)-(e); Table 10 to part 679).

Need for Action

The existing management background 

and explanation of the need for this 

action were described in the preamble 

to the proposed rule published in the 

Federal Register on January 21, 2004 

(69 FR 2875). The Council and NMFS 

have designed this action to achieve the 

following four objectives:

1. Improve data collection on the 

incidental catch of DSR in the halibut 

and groundfish hook-and-line fisheries 

68096 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 

in the SEO to more accurately estimate 

DSR fishing mortality, improve DSR 

stock assessments, and evaluate whether 

current maximum retainable amounts 

(MRAs) are the appropriate levels for 

DSR in the SEO;

2. Minimize waste to the extent 

practicable;

3. Avoid increasing incentives either 

to target DSR or to discard DSR that is 

caught in excess of the amount that can 

legally be sold for profit; and

4. Maintain a consistent approach 

within State and Federal regulations 

that govern the retention and 

disposition of DSR.

The preamble to the proposed rule 

(January 21, 2004, 69 FR 2875) contains 

additional explanation as to how this 

action will achieve these objectives.

Elements of this Rule

This rule has two main provisions 

that are added as paragraph (j) to 

§ 679.20. The first provision addresses 

retention and landing requirements. The 

operator of a federally-permitted catcher 

vessel using hook-and-line or jig gear is 

required to retain and land all DSR that 

is caught while fishing for groundfish or 

IFQ halibut in the SEO. Landed fish 

must be reported under Federal and 

State regulations.

The second provision addresses 

disposal of retained amounts of DSR. 

Under this rule, a fisherman is limited 

to selling an amount of retained DSR 

that is no more than 10 percent of the 

aggregate round weight equivalent of 

IFQ halibut and groundfish, other than 

IFQ sablefish, that he or she retained 

onboard the vessel. For IFQ sablefish, a 

fisherman is limited to selling an 

amount of retained DSR that is no more 

than 1 percent of the aggregate round 

weight equivalent of IFQ sablefish he or 

she retained onboard the vessel. 

Fishermen could use amounts of 

retained DSR in excess of these sale 

limits for other purposes, including 

personal consumption or donation, but 

amounts of DSR in excess of the sale 

limits are prohibited from entering 

commerce through sale, barter, or trade.

Additionally, the MRA table for the 

GOA groundfish fisheries (Table 10 to 

50 CFR part 679) is amended to remove 

the DSR MRA for catcher vessels in the 

SEO. A footnote is added to the DSR 

entry cross referencing the requirements 

specified in § 679.20(j).

Response to Comments

NMFS solicited public comments on 

the proposed rule (January 21, 2004, 69 

FR 2875) through February 20, 2004. 

One letter containing six separate 

comments was received during this 

comment period. The comments are 

summarized and responded to below.

Comment 1: NMFS is 

overemphasizing the collection of 

fisheries information and neglecting the 

value of marine sanctuaries to reestablish fish populations. No marine 

sanctuaries have been created which 

should be an immediate first priority.

Response: The primary purpose of 

this regulatory amendment is not to reestablish DSR populations, but to 

improve information on the incidental 

catch of these rockfish species while not 

increasing incentives to either target or 

discard them. NMFS has no data that 

indicate DSR is overfished or that 

overfishing is occurring, hence, no need 

is apparent to re-establish DSR 

populations. In addition, areas of the 

GOA have been closed to fishing for 

conservation purposes, such as the Sitka 

Pinnacles Marine Reserve. This and 

other closed areas are specified in the 

groundfish regulations at § 679.22(b). 

The January 2004 draft environmental 

impact statement (EIS) for essential fish 

habitat discusses the effects of fishing 

on sensitive habitat features and 

evaluates a range of options for 

minimizing adverse effects, such as 

closing areas of rockfish habitat to 

bottom trawling. Further information on 

the draft EIS may be found at the NMFS 

Alaska Region website at 

www.fakr.noaa.gov.

Comment 2: Days at sea should be cut 

by 50 percent this year, and cut by 10 

percent each year thereafter. It is time to 

prevent overfishing that is obviously 

going on.

Response: NMFS has identified no 

overfished stocks in the SEO District, or 

in the GOA as a whole, and has seen no 

evidence of overfishing of groundfish in 

this area. A reduction in days at sea is 

a management tool that has been used 

in other areas of the United States. In 

Alaska, however, NMFS has found that 

strict adherence to managing harvests at 

or below TAC levels makes the use of 

such a management tool unnecessary.

Comment 3: The use of hook-and-line 

gear to target Pacific halibut should be 

prohibited. Enforcement is practically 

non-existent. When fishermen are found 

in violation of the halibut fishery 

regulations, their fishing privileges 

should be permanently revoked.

Response: As part of an international 

agreement between the U.S. and 

Canada, hook-and-line gear is the only 

gear type authorized for use in the 

commercial harvest of halibut. 

Prohibiting its use would, in effect, 

close the commercial fishery for halibut. 

Enforcement of the halibut fishing 

regulations is conducted by NMFS 

Office of Enforcement and the U.S. 

Coast Guard, and compliance with these 

regulations is considered acceptable. 

The Office of Enforcement examines 

each violation of the fisheries 

regulations on a case by case basis. 

Penalties for violations can range from 

a written warning to the revocation of 

fishing privileges, forfeiture of fishing 

vessels, fines, and imprisonment.

Comment 4: NMFS, to the detriment 

of the American public, is too slow to 

react to problems. NMFS has taken no 

action to address issues raised since 

1996 and nothing has been done about 

overfishing issues and antienvironmental actions.

Response: The groundfish fisheries in 

the GOA and off Alaska generally are 

among the best managed and most 

sustainable fisheries in the world. None 

of the groundfish stocks off Alaska are 

overfished or experiencing rates of 

harvest that are causing overfishing. 

Working closely with the Council since 

1996, NMFS has implemented more 

than 25 amendments to the FMP which 

have led to improvements in the 

conservation and management of the 

GOA groundfish fisheries. In 

considering any FMP or regulatory 

change, the Council and NMFS carefully 

consider a broad range of alternatives to 

address biological, environmental, and 

economic concerns. Preparation of these 

analyses and receiving public comment 

on them may take a period of months or 

years, but this is done to assure that 

fishery management programs are well 

justified and in compliance with all 

applicable law.

Comment 5: Fishery quotas should be 

cut by 50 percent this year and by 10 

percent each year thereafter. Too many 

vessels are allowed to fish; government 

agencies act as if fisheries resources are 

infinite, when they are not.

Response: Fishery quotas or TACs are 

based upon the best scientific 

information available which is reviewed 

annually by the Council, its committees 

and NMFS. The Council often sets TACs 

at levels below the Acceptable 

Biological Catch (ABC) levels in 

response to social, economic, and 

environmental concerns. The 

establishment of TACs on an annual 

basis is implicit recognition that 

fisheries resources are not infinite. 

Additionally, the Council has 

recommended and NMFS has 

implemented several programs to 

reduce the number of vessels 

participating in the groundfish fisheries 

of Alaska, including the groundfish and 

crab License Limitation Program, the 

pollock fishing co-operatives under the 

American Fisheries Act, and the IFQ 

program for the halibut and sablefish 

fisheries. Development of management 

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 68097

programs to rationalize fisheries or 

provide market-based incentives to 

reduce excessive fishing capital 

currently is underway in the Bering Sea 

crab fisheries and the GOA groundfish 

fisheries.

Comment 6: Once DSR are caught, 

they should be consumed. Markets 

could be found. The best ways to save 

fish stocks are to reduce quotas and to 

reduce fishing vessel days at sea. 

Fishermen found in violation of fishery 

regulations should have their vessels 

confiscated and fishing privileges 

permanently revoked.

Response: This final rule will require 

an operator of a federally permitted 

catcher vessel using hook-and-line or jig 

gear in the SEO to retain and land all 

DSR caught while fishing for groundfish 

or for Pacific halibut under the IFQ 

program in the SEO. Amounts of DSR 

species landed that are in excess of the 

maximum amount that may be sold may 

not enter commerce, but may be 

retained for personal consumption or 

donation to charity. Responses to 

concerns about conservation of fish 

stocks are given in the responses to 

comments 2 and 5. See the response to 

comment 3 regarding fisheries 

enforcement.

Changes from the Proposed Rule

No substantive changes are made in 

this final rule from the proposed rule. 

The headings of paragraphs at 

§ 679.20(j)(2)(i), (j)(2)(ii), and (j)(2)(iii) 

are removed, however, to simplify the 

regulatory text.

To reflect the changes made by 

Amendment 63 to the FMP, Table 10 in 

the final rule is changed from Table 10 

in the proposed rule. Amendment 63 

separated skates from the ‘‘other 

species’’ category to the target species 

category to allow for management of 

skates as a separate target species. The 

final rule for Amendment 63 was 

published May 12, 2004 (69 FR 26313). 

Because the proposed rule for DSR 

retention (January 21, 2004, 69 FR 2875) 

was published before the final rule for 

Amendment 63, the proposed rule for 

DSR did not include the changes to 

Table 10 that became effective with the 

final rule for Amendment 63. To ensure 

this final rule for DSR reflects changes 

made to Table 10 by the final rule for 

Amendment 63, Table 10 in the DSR 

final rule is changed from the DSR 

proposed rule to include the separation 

of skates from the ‘‘other species’’

category.

A typographical error in Table 10 is 

also corrected by this final rule. A ‘‘na9’’

is added to the cell at the intersection 

of the sablefish column and row. This 

addition shows that the incidental catch 

of sablefish in the sablefish directed 

fishery is not applicable.

Classification

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866.

NMFS prepared a FRFA which 

incorporates the IRFA and a summary of 

the analyses completed to support the 

action. Copies of these analyses are 

available from NMFS (see ADDRESSES). 

The FRFA did not reveal any Federal 

rules that duplicate, overlap, or conflict 

with the action. The following 

summarizes the FRFA.

Need for and Objectives of the Rule

A description of the need for and 

objectives of this action is contained in 

the preamble to the proposed rule 

published in the Federal Register on 

January 21, 2004 (69 FR 2875), and in 

the preamble of this final rule.

Summary of Significant Issues Raised in 

Public Comment

No comments were received 

specifically on the IRFA. Several 

comments were received on the 

proposed rule that were largely 

irrelevant to the action, and none 

focused on the potential economic 

impacts of the action.

Description and Estimate of Number of 

Small Entities to Which the Rule Will 

Apply

The directly regulated entities are 

those vessels taking DSR as incidental 

catch in halibut and groundfish fisheries 

in Federal waters of the SEO district and 

the processors buying the DSR from 

them. NMFS estimates that 423 vessels 

participated in these fisheries in 2000. 

Most of these vessels were less than 60 

feet (18.3 m) in length, fishing with 

hook-and-line gear and jig gear. Average 

gross revenues for these vessels from the 

Alaskan halibut and groundfish 

fisheries were about $262,000. Average 

gross revenues from all fisheries for 

these entities are undoubtedly higher, 

because these vessels participate in 

other fisheries in Alaska. In the years 

from 1996 to 2001, between 17 and 26 

plants bought groundfish in Southeast 

Alaska. In 2000, the average gross 

revenues for these plants were about 

$12 million. NMFS estimates that these 

fishing and processing operations were 

all ‘‘small entities’’ within the meaning 

of the Regulatory Flexibility Act.

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements

This rule will impose no new 

recordkeeping requirements on 

regulated entities. NMFS has not been 

able to identify any relevant Federal 

rules that may duplicate, overlap, or 

conflict with the preferred alternative.

Steps Taken to Minimize Economic 

Impacts on Small Entities

The FRFA evaluated four alternatives: 

(1) the status quo, (2) full retention 

allowing all retained DSR to enter the 

stream of commerce, (3) full retention 

prohibiting certain amounts of DSR 

from entering the stream of commerce, 

and (4) use of an observer program. 

Alternative 3 is the preferred 

alternative. Alternative 1 imposes no 

adverse impacts on small entities, but 

fails to advance the action objectives of 

providing new information on DSR, 

reducing DSR wastage, and maintaining 

consistency between State and Federal 

regulations. Alternative 2 may be less 

costly than Alternative 3 in that 

fishermen could allow processors to sell 

the excess DSR and relinquish the 

proceeds to the State. However, 

regulation of the disposition of the 

proceeds from the sale of DSR under 

Alternative 2 appears to exceed the 

authority granted to NMFS under the 

Magnuson-Stevens Act. Alternative 3, 

the preferred alternative, is discussed in 

detail in the preamble to the proposed 

rule and summarized in this final rule. 

Under Alternative 4, fishermen face 

additional costs for observer coverage, 

including travel and logistical expenses 

for observers, and an additional cost of 

about $330/day for 30 percent of days at 

sea. This alternative would provide new 

information on the status of DSR stocks, 

but would not reduce DSR waste or 

reduce the inconsistency between State 

and Federal regulations. Using observers 

for the DSR incidental catch fishery 

might become more feasible in the 

future in the context of a comprehensive 

restructuring of the observer program 

that would include funding for the 

observers so that the entire cost did not 

fall on fishermen.

The Council considered but rejected 

several other alternatives because they 

did not appear to be effective solutions 

to the stated goals. Those mentioned in 

the EA include: (1) open the directed 

DSR fishery during halibut IFQ seasons 

and require full retention, (2) defer all 

management of DSR to the State, and (3) 

implement an IFQ fishery for DSR. The 

EA also discussed the option of an 

exempted fishing permit (EFP) 

conducted in order to obtain bycatch 

data. However, although such a program 

might allow more flexibility in design, 

it would depend on voluntary 

participation, and would therefore not 

enable the State to obtain a full census.

68098 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 

This rule contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA) that 

have been approved by the Office of 

Management and Budget (OMB). These 

collections are provided below by OMB 

control number:

OMB No. 0648–0206 Public reporting 

burden is estimated to average 21 

minutes for a Federal Fisheries Permit 

application and 20 minutes for a Federal 

Processor Permit application.

OMB No. 0648–0213 This collection 

contains the recordkeeping and 

reporting forms and logbooks in which 

species, including DSR, are recorded 

and reported. Total public reporting 

burden for this family of forms is 

estimated at 32,329 hours. This estimate 

covers all forms of logbooks, and is not 

necessarily indicative of the burden 

associated with those to whom this rule 

applies. No measurable increase in 

burden is associated with this final rule 

because activity under this final rule is 

included in the existing collection.

The estimated response times shown 

include the time to review instructions, 

search existing data sources, gather and 

maintain the data needed, and complete 

and review the collection of 

information. Send comments regarding 

this burden estimate, or any other aspect 

of this data collection, including 

suggestions for reducing the burden, to 

NMFS (see ADDRESSES) and by e-mail to 

DRostker@omb.eop.gov, or fax to 202–

395–7285.

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number.

Small Entity Compliance Guide

Affected commercial fishermen will 

be in compliance with this rule if they 

retain all DSR they catch incidental to 

fishing for other groundfish and Pacific 

halibut. Further, these fishermen may 

not sell their incidental harvest of DSR 

if it is in excess of 10 percent of the 

aggregate round weight equivalent of 

IFQ halibut and groundfish species, 

other than sablefish, that are landed 

during the same fishing trip, or if it is 

in excess of 1 percent of the aggregate 

round weight equivalent of IFQ 

sablefish that are landed during the 

same fishing trip. Copies of the final 

rule are available from NMFS (see 

ADDRESSES) and at the following 

website: http:/www.fakr.noaa.gov.

List of Subjects in 50 CFR Part 679

Alaska, Fisheries, Recordkeeping and 

reporting requirements.

Dated: November 18, 2004.

Rebecca Lent, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service.

■ For reasons set out in the preamble, 50 

CFR part 679 is amended as follows:

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA

■ 1. The authority citation for part 679 

continues to read as follows:

Authority: 16 U.S.C. 773 et seq., 1801 et 

seq., and 3631 et seq.; 16 U.S.C. 1540(f); Pub. 

L. 105–277, Title II of Division C; Pub L. 106–

31, Sec. 3027; and Pub L. 106–554, Sec. 209.

■ 2. In § 679.20, paragraph (j) is added to 

read as follows:

§ 679.20 General limitations.

* * * * *

(j) Full retention of Demersal Shelf 

Rockfish (DSR) in the Southeast Outside 

District of the GOA (SEO)—(1) Retention 

and landing requirements. The operator 

of a catcher vessel that is required to 

have a Federal fisheries permit, or that 

harvests IFQ halibut with hook and line 

or jig gear, must retain and land all DSR 

that is caught while fishing for 

groundfish or IFQ halibut in the SEO.

(2) Disposal of DSR when closed to 

directed fishing. When DSR is closed to 

directed fishing in the SEO, the operator 

of a catcher vessel that is required to 

have a Federal fisheries permit under 

§ 679.4 (b), or the manager of a 

shoreside processor that is required to 

have a Federal processor permit under 

§ 679.4(f), must dispose of DSR retained 

and landed in accordance with 

paragraph (j)(1) of this section as 

follows:

(i) A person may sell, barter, or trade 

a round weight equivalent amount of 

DSR that is less than or equal to 10 

percent of the aggregate round weight 

equivalent of IFQ halibut and 

groundfish species, other than sablefish, 

that are landed during the same fishing 

trip.

(ii) A person may sell, barter, or trade 

a round weight equivalent amount of 

DSR that is less than or equal to 1 

percent of the aggregate round weight 

equivalent of IFQ sablefish that are 

landed during the same fishing trip.

(iii) Amounts of DSR retained by 

catcher vessels under paragraph (j)(1) of 

this section that are in excess of the 

limits specified in paragraphs (j)(2)(i) 

and (ii) may be put to any use, including 

but not limited to personal consumption 

or donation, but must not enter 

commerce through sale, barter, or trade.

■ 3. In 50 CFR part 679, Table 10 is 

revised as follows:

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