        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 600
        [Docket No. 071001548-7827-02]
        RIN 0648-AW10
        Marine Recreational Fisheries of the United States; National Saltwater Angler Registry Program

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          NMFS proposes regulations to implement section 401(g) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). The regulations would establish a national registry of recreational fishers fishing in the Exclusive Economic Zone (EEZ), for anadromous species throughout their range or for Continental Shelf fishery resources beyond the EEZ. It also would exempt persons from that requirement if licensed by a state that provides registration data determined to be sufficient for the agency's needs. The requirement is intended to improve existing angling effort surveys in order to improve their efficiency, to reduce possible sources of bias and to improve confidence in survey results by anglers and fishery managers.

          DATES:
          Comments must be received by August 11, 2008.

          ADDRESSES:
          You may submit comments, identified by RIN 0648-AW10, by any of the following methods:

          • Electronic submissions: Submit all electronic public comments via the Federal eRulemaking Portal http://www.regulations.gov

          • Fax: 301-713-1875, Attn: Gordon Colvin.
          • Mail: John Boreman, Director, Office of Science and Technology, NMFS, 1315 East West Highway, Silver Spring, MD 20910, Attn: Gordon Colvin.

          Instructions: All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

          FOR FURTHER INFORMATION CONTACT:

          Gordon Colvin, phone: 301-713-2367; fax: 301-713-1875; or e-mail: gordon.colvin@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        Electronic Access

        This proposed rule is accessible via the Internet at the Office of the Federal Register's Web site at http://www.access.gpo.gov/su_docs/. Background information and documents are available at the NMFS Office of Science and Technology Web site athttp://www.st.nmfs.noaa.gov/mrii/index.html.
        Background
        In 2004, NMFS contracted with the National Research Council (NRC) of the National Academy of Sciences to review the current marine recreational fishery survey methods used by NMFS and its partners to monitor fishing effort and catch. NMFS asked the NRC to: (1) assess current survey methods for their suitability in monitoring fishing effort and catch in the shoreline, private boat, and for-hire boat recreational fisheries; (2) assess the adequacy of the methods for providing the quality of information needed to support accurate stock assessments and responsible fisheries management decisions; and (3) make recommendations for possible methodological improvements that would ensure more accurate and precise estimates of recreational effort and catch.

        The NRC's Ocean Studies Board formed a 10-member committee to conduct the requested review, held a series of five public meetings in 2005 to gather information about the current survey programs in each region, and published a final report in April 2006 [http://fermat.nap.edu/catalog/11616.html]. The NRC report identified a number of potential problems with the sampling and estimation designs employed in the current surveys and questioned the adequacy of the existing surveys in providing the statistics needed to support accurate stock assessments and appropriate fishery management decisions. The report recommended that current surveys be redesigned to improve their effectiveness, the appropriateness of their sampling procedures, their applicability to various kinds of management decisions, and their usefulness for social and economic analyses. The NRC review deferred to NMFS to develop a process to determine the highest priority changes given the costs and benefits of any specific improvement.
        NMFS is proposing the National Saltwater Angler Registry Program (“Registry Program”) to implement the recommendations of the NRC review. Among its findings, the NRC review found that current recreational survey approaches, which rely on random telephone contacts with residents of coastal county households to collect marine recreational fishing effort data, result in significant survey over-coverage since relatively few households include active anglers, and under-coverage since some anglers do not live in coastal counties or they live in coastal counties but do not have landline telephones. The review advised that over-coverage results in severe sampling inefficiency, and that under-coverage may lead to serious bias in the resultant effort estimates since anglers from non-coastal counties are likely to have different effort characteristics than those from coastal counties. To resolve these problems, the NRC Panel recommended the development of and subsequent sampling from a comprehensive national saltwater angler registry. The panel further recommended that the registry be established either by implementing a federal registration requirement or by expanding current state saltwater licenses to include all saltwater anglers.
        Partially in response to the NRC Panel's findings and recommendations, Congress passed section 401(g) of the MSA, which requires the Secretary of Commerce to establish a program to improve the quality and accuracy of current estimates of marine recreational fishing catch and effort by January 1, 2009, in a manner that considers and, to the extent feasible, incorporates the NRC Panel's recommendations. As part of the program, section 401(g)(1) of the MSA requires the Secretary to register, and collect identification and contact information for, anglers and for-hire vessels if they fish in the EEZ, for Continental Shelf fishery resources beyond the EEZ or for anadromous species throughout their range, including state waters. Further, the Secretary is to exempt from the federal registration requirement those anglers and vessels that are licensed or registered by a state if the state provides sufficient identification and contact information for use in recreational surveys. The resultant federal Registry must address both the qualifications and procedures for registering anglers and vessels and for exempting qualified states' anglers and vessels from the federal registration requirement.
        The program must also recognize and balance two important provisions of the NRC recommendations and the provisions of section 401(g) of the MSA. First, the NRC Panel's scientific advice is clear that a universal registry or license-based list of all saltwater anglers, without exceptions based on exemptions to state or federal registration requirements, is essential. Second, the federal registration requirements of section 401(g) of the MSA apply to saltwater anglers fishing in state waters (territorial sea or internal waters) when they are taking anadromous fish. Therefore, some salt water anglers fishing in state waters would not be required to register under this section, although they may be subject to permitting and other requirements under other sections of the MSA. Accordingly, it is necessary for states and NMFS to work in collaboration to build registries of saltwater anglers that include anglers currently exempted or not covered by state license or registration requirements and that also include anglers who are fishing for non-anadromous marine fish in state waters.
        The proposed rule was developed consistent with the foregoing program requirements. It is intended to facilitate the development of a national registry or data base of identification and contact information for marine recreational anglers and for-hire fishing vessels. The registry data will be compiled in a series of regional directories to be used to support surveys of anglers and vessel operators to determine their angling effort and related data, as recommended by the NRC Panel and as required by section 401(g)(1) of the MSA.
        The proposed rule would require persons who are angling or spear fishing or in possession of fish or operating a vessel that carries recreational fishing passengers for-hire in the EEZ, or who are angling or spear fishing or operating a vessel that carries recreational fishing passengers for-hire and who are in possession of anadromous species, to register annually with NMFS. The registration requirement would become effective January 1, 2009. Section 401(g) of the MSA provides that the Secretary may not charge a fee for anglers or vessels to register with NMFS until January 1, 2011. The proposed rule would implement a registration fee to be specified at the time of implementation, currently estimated to be in the range of $15 to $25 per year, beginning in calendar year 2011.

        Anglers and for-hire vessel operators would be exempt from the requirement to register annually if they held a license issued by, or were registered by, a state which had qualified as an exempted state as described below. Persons who hold a state or federal commercial fishing license or permit, and who are lawfully fishing or in possession of fish pursuant to such license or permit, would not be required to register; however, holders of commercial licenses or permits who are angling or spear fishing recreationally, outside the terms and conditions of the commercial license or permit, would be required to register. Anglers under the age of 16 would be exempt from the mandatory registration requirement, although they could register voluntarily, at no cost. This exception is proposed, in part, due to the practical difficulty of conducting telephone surveys of, and of enforcing a registration requirement for, minors. Furthermore, in most cases, adult anglers reside in households in which minor anglers reside; such adults would need to register and, if contacted by surveys, would be able to provide the angling effort information for minors residing in the same household. Anglers fishing on registered for-hire fishing vessels also would be exempt from the registration requirement.
        The fee for registering would be waived for non-commercial fishing by indigenous people, but the requirement to register would not. The proposed fee waiver recognizes that, for many indigenous people, fishing is motivated primarily by a desire to gather food for family or community use and/or for cultural reasons. Although it is necessary to require indigenous fishers to register in order to assure that the registration requirement is enforceable and to ensure complete data collection, it is appropriate to waive the registration fee in consideration of the cultural nature of non-commercial fishing by many indigenous people.
        The proposed rule also would establish the procedures and guidelines by which states may be designated as exempted states. A state would apply for designation by submitting a proposal that addresses the requirements as noted below. A Memorandum of Agreement (“MOA”) between NMFS and each state would be executed to establish the terms of designation. States would be eligible to be designated as exempted states in two ways: (1) by submitting state angler and for-hire vessel license holder data to NMFS for inclusion in a national or regional registry data base; or (2) by participating in regional surveys of recreational catch and effort and making the resultant data available to NMFS. The proposed regulations for exempted state designation are designed to assure that the license holder data submitted by states includes all anglers and for-hire vessels necessary to meet survey requirements.
        Classification

        This proposed rule is published under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. At this time, NMFS has preliminarily determined that the proposed rule is consistent with the applicable provisions of the Magnuson-Stevens Act and other applicable law.
        This proposed rule contains a collection-of-information requirement subject to review and approval by OMB under the Paperwork Reduction Act (PRA). This requirement has been submitted to OMB for approval. Public burden for complying with the registration requirement is estimated to average two minutes per individual annual registration and three minutes for each for-hire vessel annual registration. Based on the current estimate of the initial number of potential registrants (see RIR/RFAA discussion below), the analysis estimates the total burden hours for compliance with registration requirements as 67,410 for individuals and 120 for small entities. The associated total labor costs are $1,685,250 for individuals ($0.83 per person) and $3000 for small entities ($ 1.25 per for-hire vessel). The PRA submission also states that, apart from the labor cost associated with submitting the information required to register, there are no other annual reporting and recordkeeping costs associated with the registration requirement.
        An individual registrant would provide name, address, telephone number and regions of the country in which they fish. A for-hire vessel registrant would provide owner and operator (if different) name, address, telephone number, vessel name and state registration or U.S. Coast Guard documentation number, and home port or principal operating area.

        Public comment is sought regarding: whether this proposed collection of information is necessary for the proper performance of the functions of NMFS, including whether the information shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility and clarity of information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. Send comments on these or any other aspects of the collection of information to Gordon Colvin, Office of Science and Technology (see ADDRESSES), and by e-mail to David_Rostker@omb.eop.gov or by fax to (202) 395-7285.
        NMFS has determined that implementation of the rule is categorically excluded from the requirement for a NEPA review. The proposed action constitutes a regulation of an administrative and procedural nature and will not result in direct or indirect changes to the human environment.
        The Office of Management and Budget has determined the proposed rule to be significant for purposes of Executive Order 12866 (“E.O. 12866”).
        The Regulatory Flexibility Act (“RFA”) requires the examination of impacts of proposed and existing rules on small businesses, small organizations, and small governmental jurisdictions. In reviewing the potential impacts of proposed regulations, the agency must either: (1) certify that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities; or (2) prepare an Initial Regulatory Flexibility Analysis. The Small Business Administration (“SBA”) defines a small business engaged in recreational fishing activities as a firm with receipts (gross revenues) of up to $6.5 million.

        The objectives and legal basis of this rule can be found in the SUMMARY and SUPPLEMENTARY sections of the proposed rule. There are no reporting or recordkeeping requirements associated with the rule. There are no disproportionate impacts among the impacted universe of vessels or between small and large vessels as defined by the Small Business Administration.
        The small entities affected by the proposed rule are fishing vessels that carry passengers for a fee to conduct recreational fishing. These “for-hire” fishing vessels are classified as follows:

        Head boats include fishing boats on which fishing space and privileges are provided for a fee. Head boats are generally large, they may carry from 7 passengers up to 150 paying passengers, and anglers usually pay on a per-head basis for the opportunity to fish on them. The vessel is operated by a licensed captain (guide or skipper) and crew.In some areas of the country head boats are called party boats or open boats. These boats are usually not launched until a specified number of anglers have paid and boarded. Anglers on these full or half day trips usually do not know all of the other anglers on the boat. Head boats usually engage predominantly in bottom fishing. The length of head boat trips may vary from a half-day to multiple days.

        Charter boats include fishing boats operating under charter for a specific price, time, etc. Charter boats are smaller in size than head boats, they usually carry fewer than 7 paying passengers, and they are usually hired, or “chartered”, by a group of anglers. They are operated by a licensed captain and crew, and the participants are usually part of a pre-formed group. Thus, charters are usually closed parties (all anglers know each other), as opposed to the open status of party boats. A subset of charter boats are also called guide boats, which are small boats fishing inland waters with two to three clients. Charter boats can engage in a full range of fishing techniques, including trolling, bottom fishing, and drift fishing. The length of charter boat trips may vary from a half-day to multiple days.
        11,953 for-hire vessels are currently operating nationwide. A detailed description of the number of vessels currently operating, by state of operation, is presented in section 2.2 of the RIR/RFAA.
        The small entities that will be required to comply with the rule will be required to register annually by submitting the following information via either a web-based or telephone-based portal: vessel name and home port/principal operating area; vessel's state registration or USCG documentation number; name, address and telephone contact information for owner and operator(s). The registrant will be provided with a registration number and documentation of registration which must be kept available to provide to law enforcement officers upon request. The proposed rule will not include any other reporting or record-keeping requirements.
        All for-hire vessels, both head boats and charter boats, will be required to register annually unless they are exempted from the registration requirement under either of two exemption provisions in the proposed rule: (1) the vessel is licensed or registered by an Exempted State, or (2) the vessel holds a NMFS license or permit to engage in for-hire fishing activities in compliance with another applicable regulation. Exempted States will agree to provide complete lists of for-hire vessels and the required identification and contact information to NMFS and will enter into Memoranda of Agreement to formalize the agreements. Since all states except New Jersey currently license for-hire fishing, it is expected that most states will be designated as Exempted States for for-hire fisheries under the proposed rule. In New Jersey, a state which does not issue state commercial permits to individual vessels, the preponderance of for-hire vessels are permitted with NMFS with the State adopting Federal for-hire regulations in their waters. Between the exemptions available to vessels from Exempted States and those remaining that will have another NMFS-issued license or permit, it is expected that very few for-hire vessels will need to comply with the registration requirement under the proposed rule.
        It is expected that for-hire vessel information currently collected by most states will be sufficient to fulfill the data collection requirements of the preferred alternative. It is anticipated that most states which currently license for-hire vessels will be granted Exempted State status. Therefore, no additional cost burden or changes in gross revenues is anticipated for for-hire vessels operating in states granted Exempted State status.
        To address the likelihood that some vessels will not be exempt from the federal registration requirement proposed by this rule, NMFS conservatively estimated that 20% of for-hire vessels nationwide would not be exempt. This is a very conservative estimate because it is anticipated that only New Jersey, which does not license for-hire vessels, but, based on voluntary registration information, is estimated to currently include approximately 8% of U.S. for-hire vessels, will not be granted Exempted State status.
        Therefore, of the 11,953 for-hire vessels operating in the U.S., NMFS estimated that 2,390 vessels will not be exempt from the proposed federal registration requirement. The cost per vessel to comply with this proposed rule is anticipated to range between $15 and $25.
        To determine the economic impact of the administrative fee on individual vessels, the for-hire vessels in NY, NJ, MD, DE, and VA were examined. It was estimated that each individual for-hire vessel earned $ 95,700 in revenues based on an angler fee of $41.09 and the assumption that 590 vessels or 1.20 x 491 (the known number of permitted vessels from those states) operated as for-hire vessels. Based on these assumptions the adverse economic impact of a $25 administrative fee would be a reduction in the revenue of the average individual vessel of 0.03 percent. Therefore, NMFS has concluded that implementation of this rule would not have a significant economic impact on a substantial number of small entities.

          List of Subjects in 50 CFR Part 600
          Fisheries, Fishing, Fishing vessels, Statistics.

          Dated: June 9, 2008.
          John Oliver,
          Deputy Assistant Administrator For Operations, National Marine Fisheries Service.

        For the reasons set out in the preamble, NMFS proposes to add subpart P to 50 CFR part 600 to read as follows:

          PART 600—MAGNUSON-STEVENS ACT PROVISIONS

            Subpart P—Marine Recreational Fisheries of the United States
            Sec.
            600.1400
            Definitions.
            600.1405
            Angler registration.
            600.1410
            Registry process.
            600.1415
            Procedures for designating exempted states-general provisions.
            600.1416
            Requirements for exempted state designation based on submission of state license holder data.
            600.1417
            Requirements for exempted state designation based on submission of recreational survey data.

          Authority:
          16 U.S.C. 1881.

          Subpart P—Marine Recreational Fisheries of the United States

          § 600.1400
          Definitions.
          (a) Anadromous species means the following:
          American shad: Alosa sapidissima

          Blueback herring: Alosa aestivalus

          Alewife: Alosa pseudoharengus

          Hickory shad: Alosa mediocris

          Alabama shad: Alosa alabamae

          Striped bass: Morone saxatilis

          Rainbow smelt: Osmerus mordax

          Atlantic salmon: Salmo salar

          Chinook, or king, salmon: Oncorhynchus tshawytscha

          Coho, or silver, salmon: Oncorhynchus kisutch

          Pink salmon: Oncorhynchus gorbuscha

          Sockeye salmon: Oncorhynchus nerka

          Chum salmon: Oncorhynchus keta

          Steelhead: Oncorhynchus mykiss

          Coastal cutthroat trout: Oncorhynchus clarki clarki

          Eulachon or candlefish: Thaleichthys pacificus

          Atlantic sturgeon: Acipenser oxyrhynchus oxyrhynchus

          Shortnose sturgeon: Acipenser brevirostrum

          Gulf sturgeon: Acipenser oxyrhynchus desotoi

          White sturgeon: Acipenser transmontanus

          Green sturgeon: Acipenser medirostris

          (b) Angler means a person who is angling (see 50 CFR 600.10).
          (c) Authorized officer has the same meaning as in 50 CFR 600.10.
          (d) Exempted state means a state that has been designated as an exempted state by NMFS pursuant to § 600.1415.

          (e) For-hire fishing vessel means a vessel on which passengers are carried for a fee to engage in angling.
          (f) Indigenous people means persons who are documented members of a federally recognized tribe or Alaskan Native Corporation or, for the western Pacific region, persons who are resident in the region who are descended from the aboriginal people indigenous to the region who conducted commercial or subsistence fishing using traditional fishing methods, including angling.
          (g) Spearfishing means fishing for, attempting to fish for, catching or attempting to catch fish by any person with a spear or a powerhead (see 50 CFR 600.10).

          § 600.1405
          Angler registration.
          (a) The requirements of this section apply to any person who does any of the following:
          (1) Engages in angling or spearfishing for:
          (i) Fish in the EEZ;
          (ii) Anadromous species in any tidal waters;
          (iii) Chinook salmon, coho salmon, pink salmon, sockeye salmon, chum salmon and Atlantic salmon in all waters except the Great Lakes and their tributaries and those waters which are landlocked, with no access to the ocean;
          (iv) Continental Shelf fishery resources beyond the EEZ.
          (2) Operates a for-hire fishing vessel in the EEZ.
          (3) Operates a for-hire fishing vessel that engages in angling or spearfishing for:
          (i) Anadromous species in any tidal waters;
          (ii) Chinook salmon, coho salmon, pink salmon, sockeye salmon, chum salmon and Atlantic salmon in all waters except the Great Lakes and their tributaries and those waters which are landlocked, with no access to the ocean;
          (iii) Continental shelf fishery resources beyond the EEZ;
          (4) Possesses equipment used for angling or spearfishing and also possesses:
          (i) Fish in the EEZ;
          (ii) Anadromous species in any tidal waters;
          (iii) Chinook salmon, coho salmon, pink salmon, sockeye salmon, chum salmon and Atlantic salmon in all waters except the Great Lakes and their tributaries and those waters which are landlocked, with no access to the ocean;
          (iv) Continental shelf fishery resources beyond the EEZ.
          (b) No person may engage in the activities listed in paragraph (a) of this section unless that person:
          (1) Has registered annually with NMFS in accordance with § 600.1410;
          (2) Holds a valid fishing license issued by, or is registered by, an exempted state;
          (3) Is a resident of an exempted state, but is not required to hold a fishing license under the laws of that state;
          (4) Holds a permit issued by NMFS for for-hire fishing under 50 CFR §§ 622.4(a)(1), 635.4(b), 648.4(a), or 660.70(a)(1).
          (5) Is under the age of 16;
          (6) Is angling aboard a for-hire fishing vessel that is in compliance with NMFS and state for-hire vessel permit, license or registration requirements; or
          (7) Holds a commercial fishing license or permit issued by NMFS or a state and is lawfully fishing or in possession of fish taken under the terms and conditions of such license or permit.
          (c) Any angler or spear fisher or operator of a for-hire vessel must, on request of an authorized officer, produce the NMFS registration number and certificate or evidence that such person or for-hire vessel operator is exempt from the registration requirement pursuant to § 600.1405(b)(2) through § 600.1405(b)(7).

          § 600.1410
          Registry process.
          (a) A person may register through the NMFS web site at www.nmfs.noaa.gov or by calling a toll-free telephone number available by contacting NMFS or at the NMFS website.
          (b) Individuals must submit their name; address; telephone number; region(s) of the country in which they intend to fish in the upcoming year; and additional information necessary for the issuance or administration of the registration.
          (c) To register a for-hire fishing vessel, the vessel owner or operator must submit vessel owner name, address, telephone number; vessel operator (if different) name, address and telephone number; vessel name; vessel's state registration or U.S. Coast Guard documentation number; home port or principal area of operation; and additional information necessary for the issuance or administration of the registration.
          (d) NMFS will issue a registration number and certificate to registrants. A registration number and certificate will be valid for one year from the date on which it is issued.
          (e) It shall be unlawful for any person to submit false, inaccurate or misleading information in connection with any registration request.

          (f) Fees. Effective January 1, 2011, persons registering with NMFS must pay an annual fee. The annual schedule for such fees will be published in the Federal Register. Indigenous people engaging in angling or spear fishing must register, but are not required to pay a fee.

          § 600.1415
          Procedures for designating exempted states-general provisions.
          (a) States with an exempted state designation must:
          (1) Submit state angler and for-hire vessel license holder data to NMFS for inclusion in a national or regional registry data base; or
          (2) Participate in regional surveys of recreational catch and effort and make the data from those surveys available to NMFS.
          (b) Process for getting an exempted state designation:
          (1) To apply for exempted state designation, a state must submit:
          (i) A complete description of the data it intends to submit to NMFS;
          (ii) An assessment of how the data conforms to the requirements of §§ 600.1416 or 600. 1417;
          (iii) A description of the data base in which the data exists and will be transmitted; and
          (iv) The proposed process, schedule and frequency of submission of the data.
          (2) If NMFS determines the submitted material meets the requirements of §§ 600.1416 or 600.1417, NMFS will initiate negotiations with the state on a Memorandum of Agreement. The Memorandum of Agreement must include the terms and conditions of the data-sharing program. The Memorandum of Agreement and state designation may be limited to data-sharing related to only anglers or only for-hire fishing vessels.

          (3) Following execution of a Memorandum of Agreement, NMFS will publish a notice of the exempted state designation in the Federal Register.

          § 600.1416
          Requirements for exempted state designation based on submission of state license holder data.
          (a) A state must annually submit to NMFS, in a format consistent with NMFS guidelines, the name, address and telephone number of all persons and for-hire vessels and for-hire vessel operators who are licensed to fish, or who are registered as fishing, in the EEZ, in the tidal waters of the state, or for anadromous species.
          (b) A state is eligible to be designated as an exempted state even if its licensing program excludes anglers that meet any of the following conditions:
          (1) Under 16 years of age;
          (2) Over age 59 (see § 600.1415 (c)(4)(i));
          (3) Who are customers on licensed for-hire vessels;
          (4) Who are customers on licensed fishing piers;

          (5) Who are on active military duty while on furlough; or
          (6) Who meet state definitions of disabled or disabled Veteran.
          (c) Unless the state can demonstrate that a given category of anglers is so small it has no significant probability of biasing estimates of fishing effort if these anglers are not included in a representative sample, a state may not be designated as an exempted state if its licensing program excludes anglers that meet any of the following conditions:
          (1) Fishing on a state-licensed private vessel;
          (2) Fishing from privately-owned land;
          (3) Fishing on a public pier;
          (4) Fishing from shore;
          (5) Fishing in tidal waters of the state; or
          (6) Fishing as an occupant of a beach buggy, the operator of which is licensed or permitted to operate the vehicle on public beaches.
          (d) Required enhancements to exempted state license-holder data. An exempted state must submit the following angler identification data by Jan. 1, 2011, or within two years of the effective date of the Memorandum of Agreement, whichever is later, and thereafter in accordance with the Memorandum of Agreement:
          (1) Name, address and telephone number of excluded anglers over age 59;
          (2) Name, address and telephone number, updated annually, of holders of state lifetime and multi-year licenses;
          (3) Name, address and telephone number of state combination license holders who fished in salt water in the prior year, or who intend to fish in salt water.

          § 600.1417
          Requirements for exempted state designation based on submission ofrecreational survey data.
          To be designated as an exempted state based on the state's participation in a regional survey of marine and anadromous recreational fishing catch and effort, a state may submit to NMFS an annual proposal that fully describes the state's participation in a qualifying regional survey, and the survey's sample design, data collection and availability. A qualifying regional survey must:
          (a) Cover the Western Pacific, Alaska, Pacific, Gulf of Mexico, Caribbean, or Atlantic coast region;
          (b) Utilize angler registry data to identify individuals to be surveyed to obtain fishing effort data;
          (c) Meet NMFS survey design and data collection standards.

      [FR Doc. E8-13250 Filed 6-11-08; 8:45 am]
      BILLING CODE 3510-22-S


        DEPARTMENT OF DEFENSE
        Department of the Army
        32 CFR Part 637
        RIN 0702-AA44
        Military Police Investigations

          AGENCY:
          Department of the Army, DoD.

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          The Department of the Army proposes to add its regulation concerning military police investigations. The regulation prescribes policies and procedures on types and categories of offenses investigated by Military Police and DA Civilian detectives/investigators.

          DATES:
          Comments submitted to the address below on or before February 14, 2005 will be considered.

          ADDRESSES:
          You may submit comments, identified by “32 CFR Part 637 and RIN 0702-AA44” in the subject line, by any of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
          • E-mail: james.crumley@hqda-aoc.army.pentagon.mil. Include 32 CFR part 637 and RIN 0702-AA44 in the subject line of the message.
          • Mail: Headquarters, Department of the Army, Office of the Provost Marshal General, ATTN: DAPM-MPD-LE, 2800 Army Pentagon, Washington, DC 20310-2800.

          FOR FURTHER INFORMATION CONTACT:
          James Crumley (703) 692-6721.

        SUPPLEMENTARY INFORMATION:
        A. Background

        This rule has not previously been published. The Administrative Procedure Act, as amended by the Freedom of Information Act requires that certain policies and procedures and other information concerning the Department of the Army be published in the Federal Register. The policies and procedures covered by this regulation fall into that category.
        B. Regulatory Flexibility Act
        The Department of the Army has determined that the Regulatory Flexibility Act does not apply because the proposed rule does not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.
        C. Unfunded Mandates Reform Act
        The Department of the Army has determined that the Unfunded Mandates Reform Act does not apply because the proposed rule does not include a mandate that may result in estimated costs to State, local or tribal governments in the aggregate, or the private sector, of $100 million or more.
        D. National Environmental Policy Act
        The Department of the Army has determined that the National Environmental Policy Act does not apply because the proposed rule does not have an adverse impact on the environment.
        E. Paperwork Reduction Act
        The Department of the Army has determined that the Paperwork Reduction Act does not apply because the proposed rule does not involve collection of information from the public.
        F. Executive Order 12630 (Government Actions and Interference With Constitutionally Protected Property Rights)

        The Department of the Army has determined that Executive Order 12630 does not apply because the proposed rule does not impair private property rights.

        G. Executive Order 12866 (Regulatory Planning and Review)
        The Department of the Army has determined that according to the criteria defined in Executive Order 12866 this proposed rule is not a significant regulatory action. As such, the proposed rule is not subject to Office of Management and Budget review under section 6(a)(3) of the Executive Order.
        H. Executive Order 13045 (Protection of Children From Environmental Health Risk and Safety Risks)
        The Department of the Army has determined that according to the criteria defined in Executive Order 13045 this proposed rule does not apply.
        I. Executive Order 13132 (Federalism)
        The Department of the Army has determined that according to the criteria defined in Executive Order 13132 this proposed rule does not apply because it will not have a substantial effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

          Jeffery B. Porter,
          Chief, Law Enforcement Policy and Oversight Section.

          List of Subjects in 32 CFR Part 637
          Crime. Investigations. Law. Law enforcement. Law enforcement officers. Military law. Search Warrant.

        For reasons stated in the preamble the Department of the Army proposes to add Part 637 to Subchapter I of Title 32 to read as follows:

          PART 637—MILITARY POLICE INVESTIGATIONS

              Subpart A—Investigations
              Sec.
              637.1
              General.
              637.2
              Use of MPI and DAC Detectives/Investigators.
              637.3
              Installation Commander.
              637.4
              Military Police and the USACIDC.
              637.5
              Off-post investigations.
              637.6
              Customs investigations.
              637.7
              Drug enforcement activities.
              637.8
              Identification of MPI.
              637.9
              Access to U.S. Army facilities and records.
              637.10
              Authority to apprehend or detain.
              637.11
              Authority to administer oaths.
              637.12
              Legal considerations.
              637.13
              Retention of property.
              637.14
              Use of National Crime Information Center (NCIC).
              637.15
              Polygraph activities.
              637.16
              Evidence.
              637.17
              Police intelligence.
              637.18
              Electronic equipment procedures.
              637.19
              Overseas MP desk.
              637.20
              Security surveillance systems.
              637.21
              Recording interviews and interrogations.

            Authority:
            28 U.S.C. 534 note, 42 U.S.C. 10601, 18 U.S.C. 922, 42 U.S.C. 14071, 10 U.S.C. 1562, 10 U.S.C. Chap. 47.

            Subpart A—Investigations

              § 637.1
              General.
              (a) Military Police Investigators (MPI) and Department of the Army Civilian (DAC) detectives/investigators fulfill a special need for an investigative element within the military police to investigate many incidents, complaints, and matters not within U.S. Army Criminal Investigation Command (USACIDC) jurisdiction, but which cannot be resolved immediately through routine military police operations. Investigative personnel are assets of the installation or activity commander, under the supervision of the local provost marshal. USACIDC elements will provide investigative assistance in the form of professional expertise, laboratory examinations, polygraph examinations, or any other assistance requested which does not distract from the USACIDC mission of investigating serious crimes. A spirit of cooperation and close working relationship is essential between USACIDC and the provost marshal office in order to accomplish the mission and project a professional police image.
              (b) Creation of a formalized investigation program does not constitute the establishment of a dual “detective” force. The separation of investigative responsibilities is very distinct. The MPI Program is neither a career program nor a separate Military Occupational Specialty (MOS). Individuals in the MPI Program are specially selected, trained, and experienced military or civilian men and women performing traditional military police functions. Military personnel are identified by their additional skill identifiers (ASI V5) and may be employed in any assignment appropriate to their grade and MOS.
              (c) The provost marshal may authorize wearing of civilian clothing for the MPI investigative mission.
              (d) MPI and DAC detective/investigator personnel must be familiar with and meet the requirements of Army Regulation (AR) 190-14 (Carrying of Firearms and Use of Force for Law Enforcement and Security Duties).

              § 637.2
              Use of MPI and DAC Detectives/Investigators.
              Only those matters requiring investigative development will be referred to the MPI for investigation. Provost marshals will develop procedures to determine which incidents will be referred to the MPI for completion and which will be retained and completed by uniformed MP personnel. Except as otherwise provided, MPI and DAC detectives/investigators will normally be employed in the following investigations:
              (a) Offenses for which the maximum punishment listed in the Table of Maximum Punishment, Manual for Courts-Martial, United States, 2002 is confinement for 1 year or less. Provisions of the Federal Assimilative Crimes Act will also be considered when assigning cases to MPI. The same punishment criteria apply.
              (b) Property-related offenses when the value is less than $1,000 provided the property is not of a sensitive nature, such as government firearms, ammunition, night vision devices, or controlled substances.
              (c) Offenses involving use and/or possession of non-narcotic controlled substances when the amounts are indicative of personal use only. Military police will coordinate with the local USACIDC element in making determinations of “personal use”. MPI and DAC detectives/investigators may be employed in joint MPI/USACIDC drug suppression teams; however, the conduct of such operations and activities remain the responsibility of USACIDC. When employed under USACIDC supervision, MPI and DAC detectives/investigators may also be utilized to make controlled buys of suspected controlled substances.
              (d) Activities required for the security and protection of persons and property under Army control, to include support of Armed Forces Disciplinary Control Boards as prescribed in AR 190-24. If MPI detect a crime-conducive condition during the course of an investigation, the appropriate physical security activity will be promptly notified. Crime-conducive conditions will also be identified in military police reports.
              (e) Allegations against MP personnel, when not within the investigative responsibilities of USACIDC.
              (f) Offenses committed by juveniles, when not within the investigative responsibilities of USACIDC.
              (g) Gang or hate crime related activity, when not within the investigative responsibilities of USACIDC.

              § 637.3
              Installation Commander.
              The installation commander, whose responsibilities include ensuring good order and discipline on his installation, has authority to order the initiation of a criminal investigation upon receipt of information of activity of a criminal nature occurring on the installation.

              § 637.4
              Military Police and the USACIDC.
              (a) The military police or the USACIDC are authorized to investigate allegations of criminal activity occurring on the installation. Nothing in this paragraph is intended to conflict with or otherwise undermine the delineation of investigative responsibilities between the military police and the USACIDC as set forth in AR 195-2.
              (b) When investigative responsibility is not clearly defined, and the matter cannot be resolved between military police investigations supervisors and USACIDC duty personnel, or between military police investigations supervisors and unit commanders, the provost marshal will be informed and will resolve the matter with the appropriate USACIDC activity commander/Special Agent in Charge (SAC) or unit commander.
              (c) The control and processing of a crime scene and the collection and preservation of the evidence are the exclusive responsibilities of the investigator or supervisor in charge of the crime scene when the military police have investigative responsibility. To prevent the possible loss or destruction of evidence, the investigator or supervisor in charge of the crime scene is authorized to exclude all personnel from the scene. The exercise of this authority in a particular case may be subject to the requirement to preserve human life and the requirement for continuing necessary operations and security. These should be determined in conjunction with the appropriate commander and, where applicable, local host country law enforcement authorities.
              (d) Unit commanders should consult with the installation provost marshal concerning all serious incidents. Examples of incidents appropriate for investigation at the unit level include simple assaults not requiring hospitalization and not involving a firearm, or wrongful damage to property of a value under $1,000. Other incidents should be immediately referred to the installation provost marshal.
              (e) The military police desk is the official point of contact for initial complaints and reports of offenses. The provisions of AR 190-45 are to be followed for all military police records, reports, and reporting.
              (1) When incidents are reported directly to a USACIDC field element, USACIDC may either direct the reporting person to the MP desk or report the incident to the MP desk themselves.
              (2) Upon receipt of the complaint or report of offense, the MP desk will dispatch an available patrol to the scene of the incident. The patrol will take appropriate measures to include locating the complainant, witnesses, suspects, and victims, apprehending offenders, securing the crime scene, rendering emergency assistance, determining and reporting to the MP desk, by the most expeditious means possible, the appropriate activity having investigative responsibility.
              (f) In those cases in which the USACIDC has an ongoing investigation (typically fraud and narcotics matters), they may delay notification to the military police to avoid compromising their investigation.
              (g) Procedures will be developed to ensure mutual cooperation and support between MPI, DAC detectives/investigators and USACIDC elements at each investigative level; however, MPI, DAC detectives/investigators and USACIDC personnel will remain under command and control of their respective commanders at all times.
              (1) With the concurrence of the commander concerned, MPI and DAC detectives/investigators may provide assistance to USACIDC whenever elements assume responsibility for an investigation from MPI.
              (2) When requested by a USACIDC region, district, or the special agent-in-charge of a resident agency, the provost marshal may provide MPI or DAC detective/investigator assistance to USACIDC on a case-by-case basis or for a specified time period.
              (3) With the concurrence of the appropriate USACIDC commander, CID personnel may be designated to assist MPI or DAC detectives/investigators on a case-by-case basis without assuming control of the investigation.
              (4) Modification of investigative responsibilities is authorized on a local basis if the resources of either USACIDC or the military police cannot fully support their investigative workload and suitable alternatives are not available. Such modifications will be by written agreement signed by the provost marshal and the supporting USACIDC commander. Agreements will be in effect for no more than two years unless sooner superseded by mutual agreement.

              § 627.5
              Off-post investigations.
              (a) In Continental United States (CONUS), civilian law enforcement agencies, including state, county, or municipal authorities, or a Federal investigative agency normally investigate incidents occurring off-post. When an incident of substantial interest to the U.S. Army occurs off-post, involving U.S. Army property or personnel, the military police exercising area responsibility will request copies of the civilian law enforcement report.
              (b) In Overseas areas, off-post incidents will be investigated in accordance with Status of Forces Agreements and other appropriate U.S. host nation agreements.

              § 637.6
              Customs investigations.
              (a) Customs violations will be investigated as prescribed in AR 190-41. When customs authorities find unauthorized material such as contraband, explosives, ammunition, unauthorized or illegal weapons or property, which may be property of the U.S. Government, notification must be made via electronic message or facsimile to HQDA, Office of the Provost Marshal General (DAPM-MPD-LE). All such notifications will be made to the military police and investigated by CID or the military police, as appropriate.
              (b) Military police will receipt for all seized or confiscated U.S. Government property and contraband shipped by U.S. Army personnel. Property receipted for by military police will be accounted for, and disposed of, in accordance with evidence procedures outlined in AR 195-5.
              (c) When it has been determined that the subject of an MP customs investigation is no longer a member of the U.S. Army, the investigation will be terminated, a final report submitted indicating the subject was released from the U.S. Army, and an information copy of the report furnished to the appropriate civil investigative agency.
              (d) Recovery of weapons and significant amounts of ammunition will be reported by the U.S. Army element receipting for them from the U.S. Customs Service in accordance with AR 190-11 and AR 190-45.

              § 637.7
              Drug enforcement activities.
              Provost marshals and U.S. Army law enforcement supervisors at all levels will ensure that active drug enforcement programs are developed and maintained, and that priorities for resources reflect the critical and important nature of the drug enforcement effort.
              (a) MPI and DAC detectives/investigators will conduct investigations of offenses involving use and possession of non-narcotic controlled substances. A copy of all initial, interim and final military police reports concerning drug investigations will be provided to the USACIDC at the local level. Enforcement activities will be coordinated with the USACIDC at the local level.

              (b) Any investigation of offenses involving possession/use of non-narcotic controlled substances generated as a result of another USACIDC investigation may be transferred to MPI with the concurrence of both the supporting USACIDC commander and provost marshal.
              (c) Elements of USACIDC will be provided the opportunity to interview subjects, suspects or witnesses in MPI or DAC detective investigations involving controlled substances without assuming responsibility for the investigation. MPI and DAC detectives/investigators may also interview subjects, suspects or witnesses of USACIDC investigations.

              § 637.8
              Identification of MPI.
              (a) During the conduct of investigations, MPI will identify themselves by presenting their credentials and referring to themselves as “INVESTIGATOR.” When signing military police records the title “Military Police Investigator” may be used in lieu of military titles. Civilian personnel will refer to themselves as “INVESTIGATOR” if they are classified in the 1811 series, and as “DETECTIVE” if they are in the 083 series. Civilian personnel will use the title “DAC Investigator” or “DAC Detective” corresponding to their classification series.
              (b) The use of titles such as “Mr.”, “Mrs.”, “Miss” or “Ms.” in connection with an individual's identification as an MPI is prohibited, except when employed in a covert investigative role. When MPI or DAC detectives/investigators are employed in covert roles, supervisors will ensure that coordination with USACIDC or civilian law enforcement agencies is accomplished as appropriate.

              § 637.9
              Access to U.S. Army facilities and records.
              (a) MPI and DAC detectives/investigators will be granted access to all U.S. Army facilities, records or information when necessary for an ongoing investigation, consistent with the investigator's clearance for access to classified national defense information, the requirements of medical confidentiality, and the provisions of applicable regulations.
              (b) Upon presentation of proper identification when conducting an official investigation, MPI and DAC detectives/investigators will be authorized access to information contained in medical records and may request extracts or transcripts. Medical records will remain under the control of the records custodian who will make them available for courts-martial or other legal proceedings. Procedures for obtaining information from medical records are contained in AR 40-66.

              § 637.10
              Authority to apprehend or detain.
              MPI and DAC detectives/investigators have authority to make apprehensions in accordance with Article 7, Uniform Code of Military Justice (UCMJ); Rule for Courts-Martial 302 (b)(1), Manual for Courts-Martial, United States 2002 (Revised Edition). They may detain personnel for identification and remand custody of persons to appropriate civil or military authority as necessary. Civilians committing offenses on U.S. Army installations may be detained until they can be released to the appropriate Federal, state, or local law enforcement agency.

              § 637.11
              Authority to administer oaths.
              MPI and DAC detectives/investigators have authority pursuant to Article 136(b)(4), UCMJ to administer oaths to military personnel who are subject to the UCMJ. The authority to administer oaths to civilians who are not subject to the UCMJ is 5 U.S.C. 303(b).

              § 637.12
              Legal considerations.
              (a) Coordination between installation judge advocates and investigators must occur during the conduct of investigations.
              (b) The use of the DA Form 3881 (Rights Warning Procedure/Waiver Certificate) to warn accused or suspected persons of their rights is encouraged.
              (c) When necessary, investigators will coordinate with a judge advocate or civilian attorney employed in the Office of the Staff Judge Advocate for the purpose of establishing a legal opinion as to whether sufficient credible evidence has been established to title an individual in a report. Investigators should also coordinate with the Office of the Staff Judge Advocate in drafting search warrants and in determining whether probable cause exists to conduct a search.

              § 637.13
              Retention of property.
              Reports of investigation, photographs, exhibits, handwritten notes, sketches, and other materials pertinent to an investigation, including copies, negatives or reproductions, are the property of the U.S. Government, either as owner, or custodian.

              § 637.14
              Use of National Crime Information Center (NCIC).
              Provost marshals will make maximum use of NCIC terminals available to them, and will establish liaison with the U.S. Army Deserter Information Point (USADIP) as necessary to ensure timely exchange of information on matters concerning deserters. The USADIP will ensure replies to inquiries from provost marshals on subjects of MP investigations are transmitted by the most expeditious means. Use of NCIC will be in accordance with AR 190-27.

              § 637.15
              Polygraph activities.
              MPI and DAC detectives/investigators will utilize the polygraph to the full extent authorized. Requests for polygraph examination assistance will be forwarded to the supporting USACIDC element in accordance with provisions of AR 195-6. The investigative or intelligence element requesting approval to conduct a polygraph examination will submit a completed DA Form 2805 (Polygraph Examination Authorization) to the authorizing official. A request may also be sent via an electronic message or electronic mail or media provided all elements of the DA Form 2805 are included in the request. Approvals will be obtained prior to the conduct of an examination. Telephonic requests, followed with written requests, may be used in emergencies. The requesting official will include the following data on every polygraph examination request for criminal investigations:
              (a) The offense, which formed the basis of the investigation, is punishable under Federal law or the UCMJ by death or confinement for a term of 1 year or more. Even though such an offense may be disposed of with a lesser penalty, the person may be given a polygraph examination to eliminate suspicion.
              (b) The person to be examined has been interviewed and there is reasonable cause to believe that the person has knowledge of, or was involved in, the matter under investigation.
              (c) Consistent with the circumstances, data to be obtained by polygraph examination are needed for further conduct of the investigation.
              (d) Investigation by other means has been as thorough as circumstances permit.
              (e) Examinee has been interviewed on all relevant subjects requested for testing and the polygraph examination is essential and timely.

              § 637.16
              Evidence.

              Military police are authorized to receive, process, safeguard and dispose of evidence, to include non-narcotic controlled substances, in accordance with AR 195-5. If no suitable facility is available for the establishment of a military police evidence depository or other operational circumstances so dictate, the evidence custodian of the appropriate USACIDC element may be requested to receipt for and assume responsibility for military police evidence. Personnel selected as military police evidence custodians need not be trained as MPI and should not be issued MPI credentials, unless they are also employed as operational MPI. Further information concerning evidence collection and examination procedures can be found in Field Manual (FM) 3-19.13, Law Enforcement Investigations.

              § 637.17
              Police intelligence.
              (a) The purpose of gathering police intelligence is to identify individuals or groups of individuals in an effort to anticipate, prevent, or monitor possible criminal activity. If police intelligence is developed to the point where it factually establishes a criminal offense, an investigation by the military police, (USACIDC) or other investigative agency will be initiated.
              (b) Police intelligence will be actively exchanged between Department of Defense (DOD) law enforcement agencies, military police, USACIDC, local, state, federal, and international law enforcement agencies. One tool under development by DOD for sharing police intelligence is the Joint Protection Enterprise Network (JPEN). JPEN provides users with the ability to post, retrieve, filter, and analyze real-world events. There are seven reporting criteria for JPEN:
              (1) Non-specific threats;
              (2) Surveillance;
              (3) Elicitation;
              (4) Tests of Security;
              (5) Repetitive Activities;
              (6) Bomb Threats/Incidents; and
              (7) Suspicious Activities/Incidents.
              (c) If a written extract from local police intelligence files is provided to an authorized investigative agency, the following will be included on the transmittal documents: “THIS DOCUMENT IS PROVIDED FOR INFORMATION AND USE. COPIES OF THIS DOCUMENT, ENCLOSURES THERETO, AND INFORMATION THEREFROM, WILL NOT BE FURTHER RELEASED WITHOUT THE PRIOR APPROVAL OF THE INSTALLATION PROVOST MARSHAL.”
              (d) Local police intelligence files may be exempt from certain disclosure requirements by AR 25-55 and the Freedom of Information Act (FOIA).

              § 637.18
              Electronic equipment procedures.
              (a) DOD Directive 5505.9 and AR 190-53 provide policy for the wiretap, investigative monitoring and eavesdrop activities by DA personnel. The recording of telephone communications at MP operations desks is considered to be a form of command center communications monitoring which may be conducted to provide an uncontroversial record of emergency communications. This includes reports of emergencies, analysis of reported information, records of instructions, such as commands issued, warnings received, requests for assistance, and instructions as to the location of serious incidents.
              (b) The following procedures are applicable to the recording of emergency telephone and/or radio communications at MP operations desks within the 50 states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Panama, and Guam.
              (1) All telephones connected to recording equipment will be conspicuously marked “FOR OFFICIAL USE ONLY—connected to recording device” and access to use will be restricted to MP operations desk personnel.
              (2) The connection of voice-recording equipment or private-line service with the telecommunications network will be in accordance with applicable telephone company tariffs which permit direct electrical connection through telephone company recorder-connector equipment. An automatic audible-tone device is not required.
              (3) Official emergency telephone numbers for MP desks will be listed in appropriate command, activity, or installation telephone directories with a statement that emergency conversations will be recorded for accuracy of record purposes. Other forms of pre-warning are not required.
              (4) Recordings, which contain conversations described in this section, will be retained for a period of 60 days. Transcripts may be made for permanent files, as appropriate.
              (5) The recording of telephone communications or radio transmissions by MP personnel for other than emergency purposes is prohibited. If an investigator requires the use of electronic surveillance equipment, assistance must be requested from the USACIDC. This policy is established pursuant to Department of Defense directives that limit such activity to the criminal investigative organizations of the Services and DOD.
              (6) Commanders having general courts-martial convening authority will issue written authorizations for the recording of emergency telephone communications at MP operations desks. The letter of authorization will contain specific authority for the type of equipment to be used, the phone numbers identified as emergency lines and instructions limiting recordings to calls received on the phones so designated. One copy of the authorization will be forwarded to the Office of the Provost Marshal General (OPMG), 2800 Army Pentagon, Washington, D.C. 20310-2800.

              § 637.19
              Overseas MP desk.
              The recording of telephone communications at MP operations desks outside the United States will be conducted within restrictions contained in international agreements between the U.S. and host nations.

              § 637.20
              Security surveillance systems.
              Closed circuit video recording systems, to include those with an audio capability, may be employed for security purposes in public places so long as notices are conspicuously displayed at all entrances, providing persons who enter with a clear warning that this type of monitoring is being conducted.

              § 637.21
              Recording interviews and interrogations.
              The recording of interviews and interrogations by military police personnel is authorized, provided the interviewee is on notice that the testimony or statement is being recorded. This procedure is a long-accepted law enforcement procedure, not precluded by DA policies pertaining to wiretap, investigative monitoring, and eavesdrop activities.

      [FR Doc. 04-27569 Filed 12-15-04; 8:45 am]
      BILLING CODE 3710-08-U


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 679
        [Docket No. 050628170-5170-01; I.D. 062105B]
        RIN 0648-AR67
        Groundfish Fisheries of the Exclusive Economic Zone Off the Coast of Alaska; Recordkeeping and Reporting

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed rule.

          SUMMARY:
          NMFS proposes to revise Table 2 (species codes) to 50 CFR part 679 that is used in data collection, analysis, and monitoring of the Federal groundfish fisheries in the exclusive economic zone (EEZ) off the coast of Alaska. Within a database, species codes identify fish species that are landed, discarded, made into product, and transferred. This proposed action is necessary to standardize collection of species information with the State of Alaska Department of Fish and Game, increase effectiveness of rockfish management, reflect current fisheries management interest in skates, and promote better enforcement of rockfish regulations. This action is intended to meet the conservation and management requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) with respect to groundfish and to further the goals and objectives of the Alaska groundfish fishery management plans.

          DATES:
          Written comments must be received by October 3, 2005.

          ADDRESSES:
          Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Lori Durall. Comments may be submitted by:
          • Mail: P.O. Box 21668, Juneau, AK 99802.
          • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK.
          • Fax: (907) 586 7557.
          • E-mail: BSA82-0648-AS37@noaa.gov. Include in the subject line the following document identifier: Table 2 Species Code proposed rule. E-mail comments, with or without attachments, are limited to 5 megabytes.
          • Webform at the Federal eRulemaking Portal: www.regulations.gov. Follow the instructions at that site for submitting comments.
          Copies of the Regulatory Impact Review (RIR) prepared for this action are available from NMFS at the above address, or by calling the Alaska Region, NMFS, at (907) 586 7228.

          Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule may be submitted to NMFS, Alaska Region, and by e-mail to DavidlRostker@omb.eop.gov, or fax to (202) 395 7285.

          FOR FURTHER INFORMATION CONTACT:
          Patsy A. Bearden, (907) 586-7008 or patsy.bearden@noaa.gov.

        SUPPLEMENTARY INFORMATION:

        NMFS manages the groundfish fisheries of the Gulf of Alaska (GOA) and the Bering Sea/Aleutian Islands Management Area (BSAI) in the EEZ according to the Fishery Management Plan for Groundfish of the Gulf of Alaska and the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMPs) prepared by the North Pacific Fishery Management Council (Council) and approved by the Secretary of Commerce (Secretary) under authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. The FMPs are implemented by regulations at 50 CFR part 679. General provisions governing fishing by U.S. vessels in accordance with the FMPs appear at subpart H of 50 CFR part 600.
        Table 2 to Part 679 provides a list of FMP species and non-FMP species. The FMP species are those which are managed under the FMPs and which must be recorded and reported in logbooks and forms. The non-FMP species, including prohibited species, are species that are frequently caught in association with FMP species, but that are not actively managed under the FMPs. This action would support coordination between state and Federal management agencies by using the same species codes for State of Alaska Department of Fish and Game (State) and NMFS fishery catch documentation. Table 2 to part 679 would be reformatted from one table into four separate tables (Tables 2a, 2b, 2c, and 2d).
        The proposed regulatory changes would have a number of fishery management and enforcement benefits. Within a database, species codes identify fish species that are landed, discarded, made into product, and transferred. The proposed rule would standardize collection of species information with the State of Alaska, facilitating Federal-State data exchange, reducing compliance costs, and reducing the potential for confusion, and resulting violations and fines. If NMFS and the State use different species codes or descriptions, fishermen or processors may record data incorrectly, possibly resulting in a ticket and/or fine, and diminishing the usefulness of the reported catch data. Moreover, the code changes will facilitate the more precise recording of catch by individual species within a species group. This would, for example facilitate management for a sustainable harvest of skates by permitting the estimates of the size of landings of individual skate species. The rockfish species code changes are needed to allow NOAA Fisheries Office for Enforcement (OLE) to perform an accurate audit on records of processors. OLE uses product transfer reports from processors to confirm that the quantity of fish, by species, reported as landings is approximately the same as the fish, by species, recorded as leaving the plant or vessel. By using group rockfish codes to describe the product, the processor's report effectively obscures the actual fish species being processed and/or transferred.
        Table 2a would be entitled, “Species Codes: FMP Groundfish Species” and would contain the names and species codes of groundfish that are managed under the FMPs. Species codes in Table 2a would be indicated as those that must be recorded and reported in NMFS logbooks and forms.
        Table 2b would be entitled, “Species Codes: FMP Prohibited Species” and would contain the names and species codes of species that are identified as prohibited species in the FMPs. Species codes in Table 2b would be indicated as those that must be recorded and reported in NMFS logbooks and forms.
        Table 2c would be entitled, “Species Codes: FMP Forage Fish Species” and would contain the names and species codes of species that are identified as forage fish in the FMPs. Species codes in Table 2c would be indicated as species that must be recorded and reported in NMFS logbooks and forms.
        Table 2d would be entitled, “Species Codes: Non-FMP Species” and would contain the names and species codes of species on which the State and NMFS have agreed for use on State fish tickets as well as NMFS logbooks and forms. These species codes may be recorded in NMFS logbooks and forms but are not required by regulations at 50 CFR part 679.
        In addition, Tables 2a, 2b, 2c, and 2d would be revised by adding and revising certain species codes.

        Table 2a

        A species code, 702, would be added to Table 2a to describe big skate. NMFS has implemented separate management and harvest specifications for this skate species that requires a new species code for big skate (69 FR 26313, May 12, 2004). An identification guide of big skates and longnose skates is available from NMFS, Alaska Region (see ADDRESSES) or at http://www.fakr.noaa.gov/infobulletins/2003/Raja_poster.jpg.
        The description “skate general,” code 700 in Table 2a, would be revised to say “Other (if longnose or big skate - use specific species code).”
        The description “sharks general,” code 689 in Table 2a, would be revised to say “Other (if salmon, spiny dogfish or Pacific sleeper shark - use specific species code).”
        The description “miscellaneous flatfish,” code 120, would be removed from the group codes and added to the FMP species in Table 2a as “Flatfish, miscellaneous (flatfish species without separate codes).”
        The Latin name for all individual rockfish species would be added to Table 2a, at the request of fishery scientists.
        Table 2b

        The species name for prohibited species code 932 in Table 2b, would be changed from “Opilio tanner crab” to read “C. opilio (snow) tanner crab.”
        The species name for prohibited species code 923 in Table 2b, would be changed from “Gold/brown king crab” to read “Golden king (brown).”
        Table 2c
        Table 2c contains a list of the FMP forage fish species, and no changes would be made to this list.
        Table 2d
        A species code, 112, would be added to Table 2d for the species, Pacific hake. Fishermen increasingly are reporting catch of hake in the EEZ off Alaska. This creates the need for a new species code to record the catch.
        The species name for non-FMP species code 961 in Table 2d, would be changed from “Pink shrimp” to read “Northern (pink).”
        Regulatory text
        In § 679.2, the definition for “Forage fish” would be revised by removing “Table 2” and adding in its place “Table 2c.”
        In § 679.2, paragraph (1) of the definition for “Groundfish” would be revised by removing “Table 2” and adding in its place “Table 2a.”
        In § 679.2, the definition for “Prohibited species” would be revised by adding a reference to “Table 2b.”
        In § 679.5, titles and text of paragraphs (a)(1)(ii)(A), (B), and (C) would be revised by adding “forage fish” and by adding references to Tables 2a, 2b, and 2c.
        In § 679.5, paragraph (m)(3)(v) would be revised by removing reference to group codes 144, 168, 169, or 171.
        In § 679.5, paragraph (n)(2)(iv)(D) would be revised by removing “Table 2” and adding in its place “Table 2b.”
        In § 679.20, paragraph (i)(1) would be revised by removing “see § 679.2” and adding in its place “See Table 2c to this part.”
        In § 679.21, paragraph (b)(1) would be revised by removing “see § 679.2” and adding in its place “see § 679.2 and Table 2b to this part.”
        Other changes
        The following rockfish group codes would be removed from Table 2 to part 679 and are not carried over into any of the proposed tables: 144, slope rockfish; 168, demersal shelf rockfish; 169, pelagic shelf rockfish; and 171, shortraker/rougheye rockfish. Rockfish group codes would not be accepted for purposes of reporting rockfish, as Recordkeeping and Reporting (R&R) regulations require that individual species be identified with specific species codes. Removal of these group codes does not alter the use of the terms, “slope rockfish,” “demersal shelf rockfish,” “pelagic shelf rockfish,” or “shortraker/rougheye rockfish” in Tables 10 and 11 to 50 CFR part 679. These terms are still valid for calculation of maximum retainable percentages for basis species.

        This action may require a few participants to learn to identify individual species of rockfish. An identification guide for rockfish of the northeastern Pacific Ocean is available from NMFS, Alaska Region (see ADDRESSES) or at: http://www.afsc.noaa.gov/race/media/publications/archives/pubs2000/techmemo117.pdf.
        Table 2 to 50 CFR part 679 would be reformatted from one table into four separate tables. In addition, the description of some species codes would be revised, two species codes would be added, and rockfish group species codes would be removed. The individual rockfish species codes that are included in rockfish group codes that would be removed are described below.

          Code 144, slope rockfish, consisting of the following individual rockfish species: Aurora (185), Blackgill (177), Bocaccio (137), Chilipepper (178), Darkblotched (159), Greenstriped (135), Harlequin (176), Pygmy (179), Redbanded (153), Redstripe (158), Sharpchin (166), Shortbelly (181), Silvergray (157), Splitnose (182), Stripetail (183), Vermillion (184), and Yellowmouth (175).

          Code 168, demersal shelf rockfish, consisting of the following individual rockfish species: Canary (146), China (149), Copper (138), Quillback (147), Rosethorn (150), Tiger (148), and Yelloweye (145).

          Code 169, pelagic shelf rockfish, consisting of the following individual rockfish species: Dusky (154), Yellowtail (155), and Widow (156).

          Code 171, shortraker/rougheye rockfish, consisting of the following individual rockfish species: Shortraker (152) and Rougheye (151).
        Classification
        NMFS has determined that the rule is consistent with the Magnuson-Stevens Act and other applicable laws.
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866.
        The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The proposed rule would standardize collection of species information with the State, increase effectiveness of rockfish management; reflect current fisheries management of skates; and promote better enforcement of rockfish regulations. While this action may affect a substantial number of small entities, it does not impose a significant burden on small entities.
        Any operation that harvests groundfish in Alaska may find itself subject to this regulation. This may include 801 fishing operations (including catcher/processors) in the Gulf of Alaska (GOA), and 283 in the Bering Sea and Aleutian Islands Management Area (BSAI).
          1 In addition, it may include the six Community Development Quota groups that operate in the BSAI.Similarly, this action also directly regulates shoreside processors and shoreside floating processors that process groundfish. The NMFS, Alaska Region Catch Accounting System indicates that 4 motherships, and 65 shoreside processors (including floating shoreside processors) processed groundfish in 2003. All could be affected by this action; however, it is not possible to determine the number of small entities among these processors. Available information does not clearly identify numbers of employees at all plants, nor does it clearly indicate ownership affiliations in all cases. As noted below, the impacts of this action on entities are not significant. Therefore, the analysis is not affected if all ambiguous cases, where the size of an entity is unknown, are resolved by assuming that entities are small.

            1 These are estimates of all small fishing entities (catcher vessels and catcher-processors) operating in the GOA and BSAI in 2002. These estimates are based on estimates of Alaskan groundfish harvests. They do not take account of harvests of other species in Alaska or elsewhere; moreover they do not take account of affiliations between firms. For these reasons, they may overstate the numbers of small entities in the BSAI and GOA. They include 131 vessels fishing with pots in the GOA and 64 fishing with pots in the BSAI. Fishermen fishing with pot gear may not harvest many skates or hake. These estimates are taken from Table 26.2 of the 2003 Economic SAFE document. This is Appendix D to the EA/RIR/IRFA for the 2003 harvest specifications. Accessed at http://www.fakr.noaa.gov/npfmc/safes/2002/Economic.pdf on October 17, 2003.

        These data also allow an analysis of the individual vessels and processing plants that use rockfish group codes and have revealed that 4 catcher/processors and 2 catcher/processors operating as motherships used rockfish group codes in either 2002 or 2003. It is not possible to determine whether these vessels are small entities; however, the NMFS Alaska Region Catch Accounting System indicates that 85 catcher/processors and/or catcher/processors operating as motherships processed groundfish in the EEZ off Alaska in 2003. Thus, 6 of the 85 operations that harvested and processed groundfish actually used the group codes and will be required to change their practice. In addition, 12 shoreside processing plants used rockfish group codes in either 2002 or 2003. Of these, available data on American Fisheries Act affiliations, corporate ownership, and employment statistics
          2 suggest that 7 are likely large entities and potentially 5 are small entities. Thus, 12 of the 65 shoreside processors that processed groundfish actually used rockfish group codes and potentially 5 of those are small entities.

            2 Compiled from Directory of Seafood Processors, Pacific Fishing Magazine, January 2004; Alaska Department of Labor processing plant monthly employment counts; and American Fisheries Act entities information from NMFS, Alaska Region Sustainable Fisheries Division.

        This action does not impose a significant economic impact on small entities. Vessel operators and processors would be required to report hake, big skates, sharks, and rockfish species, separately, on landing and processing records. They are not required to report separately now; however, they must currently record all these fish under one of the existing codes. As a result, the additional reporting burden is de minimis. Additionally, the ADF&G implemented a requirement that fishermen identify these species separately on ADF&G landings records, starting in 2004. Therefore, fishermen that delivered their harvests inshore or onshore for processing were under an obligation to report these species separately starting in 2004. Most of the fishing operations that fall under these new ADF&G reporting rules are believed to be small entities, as are many of the processors to whom they will be delivering. As a result, an amendment to Federal reporting to make it consistent with State requirements would be less costly than doing nothing. Should Federal reporting requirements not be changed to coincide with these ADF&G rule changes, additional complexity, cost, and potential confusion leading to violations and fines may result. For both reasons, NMFS believes the economic impact of this rule, if adopted, would be negligible.
        The reformatting of Table 2, inclusive of definition changes and rockfish Latin name inclusion, will make it easier to refer to the different classes of fish species from other parts of the regulations, because NMFS would be able to specifically cite those species intended. This reformatting is not expected to affect the fishing industry directly. The addition of Pacific hake, skates, and sharks species code may increase the reporting burden slightly. However, the cost may be offset to some extent by the easing of the reporting risk, due to clarification of procedures for reporting catch of these species.
        The elimination of rockfish group codes would have de minimis financial costs for the fishing industry. The affected participants would be those processors who occasionally use rockfish group codes, plus one processor that will need to change its production operation in order to correctly identify transfer of processed rockfish by species. The time burden for collecting data (i.e., entering of species codes in the daily cumulative production logbooks and daily fishing logbooks) may increase very slightly, although the older codes will be replaced by the proposed codes. Overall, the industry did not use the group codes regularly during 2002 and 2003, and the numbers of processors that used rockfish group codes are small relative to the number of processors who process rockfish. Based on 2003 data, it appears that shoreside processors voluntarily identified rockfish landings by individual species code 99 percent of the time, and used group codes less about 1 percent of the time. In 2003 catcher processors and motherships only used rockfish group codes on about 5% of weekly processor reports.
        Finally, the proposed action will assure consistency with current ADF&G reporting rules and, thus, reduce the reporting burden, uncertainty, and confusion that would arise from having two conflicting sets of reporting codes. Because small entities are more likely to fish in the EEZ and land their catch in Alaska State waters or onshore, this burden would fall disproportionately on them. The proposed action removes this potentiality.
        This proposed rule contains collection-of-information requirements that are subject to review and approval by OMB under the Paperwork Reduction Act (PRA) and which have been approved by OMB. The collections are listed below by OMB Control Number.

          OMB Control Number 0648-0213. Total public reporting burden for this collection is 41,219 hours. Species codes are recorded and reported in this collection.

          OMB Control Number 0648-0401. Total public reporting burden for this collection is 1,024 hours. Species codes are recorded and reported in this collection.

        Send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions for reducing the burden, to NMFS (see ADDRESSEES) and by e-mail to David_Rostker@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.
        This proposed rule does not duplicate, overlap, or conflict with other Federal regulations.

          List of Subjects in 50 CFR Part 679
          Alaska, Fisheries, Recordkeeping and reporting requirements.

          Dated: August 26, 2005.
          James W. Balsiger,
          Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

        For reasons set out in the preamble, 50 CFR part 679 is proposed to be 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.; 1540(f); 1801 et seq.; 1851 note; 3631 et seq.

          §§ 679.2, 679.5, 679.20, and 679.21
          [Amended]
          2. In the table below, for each of the paragraphs shown in the “Location” column, remove the phrase indicated in the “Remove” column and replace it with the phrase indicated in the “Add” column for the number of times indicated in the “Frequency” column.

              Location
              Remove
              Add
              Frequency

              § 679.2 definition for “Forage fish”
              (see Table 2 to this part)
              (see Table 2c to this part and § 679.20(i))
              1

              § 679.2 definition for paragraph (1) “Groundfish”
              Table 2
              Table 2a
              1

              § 679.2 definition for “Groundfish product or fish product”
              Tables 1 and 2 to this part, excluding the prohibited species listed in Table 2 to this part
              Tables 1, 2a, 2c, and 2d to this part
              1

              § 679.2 definition for “Prohibited species”
              Tanner crab
              Tanner crab (see Table 2b to this part)
              1

              § 679.5(a)(1)(ii)(A), (B), and (C) paragraph heading
              Groundfish and prohibited species
              Groundfish, prohibited species, and forage fish
              1

              § 679.5(a)(1)(ii)(A), (B), and (C)
              all groundfish and prohibited species
              all groundfish (see Table 2a to this part), prohibited species (see Table 2b to this part), and forage fish (see Table 2c to this part)
              1

              § 679.5(m)(3)(v)
              code for each species from Table 2 to this part, except species codes 120, 144, 168, 169, or 171;
              code for each species from Tables 2a though 2d to this part, except species code 120
              1

              § 679.5(n)(2)(iv)(D)
              Table 2
              Table 2b
              1

              § 679.20(i)(1)
              See § 679.2
              See Table 2c to this part
              1

              § 679.21(b)(1)
              See § 679.2
              See § 679.2 and Table 2b to this part
              1

          Table 2 to Part 679
          [Amended]
          3. Table 2 to Part 679 Species Codes for FMP Species and non-FMP Species is removed and Tables 2a, 2b, 2c, and 2d to Part 679 are added as follows:

            Table 2a to Part 679—Species Codes: FMP Groundfish

              Species Description
              Code

              Atka mackerel (greenling)
              193

              Flatfish, miscellaneous (flatfish species without separate codes)
              120

              FLOUNDER

               Alaska plaice
              133

               Arrowtooth and/or Kamchatka
              121

               Starry
              129

              Octopus
              870

              Pacific cod
              110

              Pollock
              270

              ROCKFISH

               Aurora (S. aurora)
              185

               Black (BSAI) (S. melanops)
              142

               Blackgill (S. melanostomus)
              177

               Blue (BSAI) (S. mystinus)
              167

               Bocaccio (S. paucispinis)
              137

               Canary (S. pinniger)
              146

               Chilipepper (S. goodei)
              178

               China (S. nebulosus)
              149

               Copper (S. caurinus)
              138

               Darkblotched (S. crameri)
              159

               Dusky (S. ciliatus)
              154

               Greenstriped (S. elongatus)
              135

               Harlequin (S. variegatus)
              176

               Northern (S. polyspinis)
              136

               Pacific ocean perch (S. alutus)
              141

               Pygmy (S. wilsoni)
              179

               Quillback (S. maliger)
              147

               Redbanded (S. babcocki)
              153

               Redstripe (S. proriger)
              158

               Rosethorn (S. helvomaculatus)
              150

               Rougheye (S. aleutianus)
              151

               Sharpchin (S. zacentrus)
              166

               Shortbelly (S. jordani)
              181

               Shortraker (S. borealis)
              152

               Silvergray (S. brevispinis)
              157

               Splitnose (S. diploproa)
              182

               Stripetail (S. saxicola)
              183

               Thornyhead (all Sebastolobus species)
              143

               Tiger (S. nigrocinctus)
              148

               Vermilion (S. miniatus)
              184

               Widow (S. entomelas)
              156

               Yelloweye (S. ruberrimus)
              145

               Yellowmouth (S. reedi)
              175

               Yellowtail (S. flavidus)
              155

              Sablefish (blackcod)
              710

              Sculpins
              160

              SHARKS

               Other (if salmon, spiny dogfish or Pacific sleeper shark - use specific species code)
              689

               Pacific sleeper
              692

               Salmon
              690

               Spiny dogfish
              691

              SKATES

               Big
              702

               Longnose
              701

               Other (if longnose or big skate - use specific species code)
              700

              SOLE

               Butter
              126

               Dover
              124

               English
              128

               Flathead
              122

               Petrale
              131

               Rex
              125

               Rock
              123

               Sand
              132

               Yellowfin
              127

              Squid
              875

              Turbot, Greenland
              134

            Table 2b to Part 679—Species Code: FMP Prohibited Species

              Species Description
              Code

              CRAB

               King, blue
              922

               King, golden (brown)
              923

               King, red
              921

               King, scarlet
              924

               Tanner, Bairdi (C. bairdi)
              931

               Tanner, grooved
              933

               Tanner, snow (C. opilio)
              932

               Tanner, triangle
              934

               Pacific halibut
              200

               Pacific herring (family Clupeidae)
              235

              SALMON

               Chinook
              410

               Chum
              450

               Coho
              430

               Pink
              440

               Sockeye
              420

               Steelhead trout
              540

            Table 2c to Part 679—Species Codes: FMP Forage Fish Species
            (all species of the following families)

              Species Description
              Code

              Bristlemouths, lightfishes, and anglemouths (family Gonostomatidae)
              209

              Capelin smelt (family Osmeridae)
              516

              Deep-sea smelts (family Bathylagidae)
              773

              Eulachon smelt (family Osmeridae)
              511

              Gunnels (family Pholidae)
              207

              Krill (order Euphausiacea)
              800

              Laternfishes (family Myctophidae)
              772

              Pacific sandfish (family Trichodontidae)
              206

              Pacific sand lance (family Ammodytidae)
              774

              Pricklebacks, war-bonnets, eelblennys, cockscombs and shannys (family Stichaeidae)
              208

              Surf smelt (family Osmeridae)
              515

            Table 2d to Part 679—Species Codes—Non-FMP Species

              Species Description
              Code

              Abalone
              860

              Albacore
              720

              Arctic char, anadromous
              521

              CLAMS

               Butter
              810

               Cockle
              820

               Eastern softshell
              842

               Geoduck
              815

               Little-neck
              840

               Razor
              830

               Surf
              812

               Coral
              899

              CRAB

               Box
              900

               Dungeness
              910

               Korean horsehair
              940

               Multispina (Paralomis multispina)
              951

               Verrilli (Paralomis verillii)
              953

              Dolly varden, anadromous
              531

              Eels or eel-like fish
              210

              Giant grenadier
              214

              GREENLING

               Kelp
              194

               Rock
              191

               Whitespot
              192

              Grenadier (rattail)
              213

              Jellyfish
              625

              Lamprey, Pacific
              600

              Lingcod
              130

              Lumpsucker
              216

              Mussel, blue
              855

              Pacific flatnose
              260

              Pacific hagfish
              212

              Pacific hake
              112

              Pacific saury
              220

              Pacific tomcod
              250

              Prowfish
              215

              Rockfish, black (GOA)
              142

              Rockfish, blue (GOA)
              167

              Sardine, Pacific (pilchard)
              170

              Scallop, weathervane
              850

              Scallop, pink (or calico)
              851

              Sea cucumber
              895

              Sea urchin, green
              893

              Sea urchin, red
              892

              Shad
              180

              SHRIMP

               Coonstripe
              964

               Humpy
              963

               Northern (pink)
              961

               Sidestripe
              962

               Spot
              965

              Skilfish
              715

              Smelt, surf
              515

              Snails
              890

              Sturgeon, general
              680

      [FR Doc. 05-17454 Filed 8-31-05; 8:45 am]
      BILLING CODE 3510-22-S