        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 17
        [4500090022]
        Endangered and Threatened Wildlife and Plants; 12-Month Findings on Petitions To List a Species and Remove a Species From the Federal Lists of Endangered and Threatened Wildlife and Plants

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Notice of 12-month petition findings.

          SUMMARY:
          We, the U.S. Fish and Wildlife Service (Service), announce 12-month findings on petitions to list a species as an endangered or threatened species and remove a species from the Federal Lists of Endangered and Threatened Wildlife and Plants (List or Lists) under the Endangered Species Act of 1973, as amended (Act). After a thorough review of the best available scientific and commercial information, we find that it is not warranted at this time to add the beaverpond marstonia to the Lists or remove the southwestern willow flycatcher from the List. However, we ask the public to submit to us at any time any new information that becomes available relevant to the status of either of the species listed above or their habitats.

          DATES:
          The findings in this document were made on December 29, 2017.

          ADDRESSES:

          Detailed descriptions of the basis for each of these findings are available on the internet at http://www.regulations.gov under the following docket numbers:

            Species
            Docket number

            Beaverpond marstonia
            FWS-R4-ES-2017-0090

            Southwestern willow flycatcher
            FWS-R2-ES-2016-0039

        Supporting information used to prepare these findings is available for public inspection, by appointment, during normal business hours, by contacting the appropriate person, as specified under FOR FURTHER INFORMATION CONTACT. Please submit any new information, materials, comments, or questions concerning these findings to the appropriate person, as specified under FOR FURTHER INFORMATION CONTACT.

          FOR FURTHER INFORMATION CONTACT:

              Species
              Contact information

              Beaverpond marstonia
              Don Imm, Field Supervisor, Georgia Ecological Services Field Office, 706-613-9493, ext. 230.

              Southwestern willow flycatcher
              Steve Spangle, Field Supervisor, Arizona Ecological Services Field Office, 602-242-0210.

          If you use a telecommunications device for the deaf (TDD), please call the Federal Relay Service at 800-877-8339.

        SUPPLEMENTARY INFORMATION:
        Background

        We are required to make a finding whether or not the petitioned action is warranted within 12 months after receiving any petition we determined contained substantial scientific or commercial information indicating that the petitioned action may be warranted (section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.) (“12-month finding”). We must make a finding that the petitioned action is: (1) Not warranted; (2) warranted; or (3) warranted but precluded. “Warranted but precluded” means that (a) the petitioned action is warranted, but the immediate proposal of a regulation implementing the petitioned action is precluded by other pending proposals to determine whether species are endangered or threatened species, and (b) expeditious progress is being made to add qualified species to the Lists and to remove from the Lists species for which the protections of the Act are no longer necessary. Section 4(b)(3)(C) of the Act requires that we treat a petition for which the requested action is found to be warranted but precluded as though resubmitted on the date of such finding, that is, requiring that a subsequent finding be made within 12 months of that date. We must publish these 12-month findings in the Federal Register.
        Summary of Information Pertaining to the Five Factors
        Section 4 of the Act (16 U.S.C. 1533) and the implementing regulations at part 424 of title 50 of the Code of Federal Regulations (50 CFR part 424) set forth procedures for adding species to, removing species from, or reclassifying species on the Lists. The Act defines “endangered species” as any species that is in danger of extinction throughout all or a significant portion of its range (16 U.S.C. 1532(6)), and “threatened species” as any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range (16 U.S.C. 1532(20)). Under section 4(a)(1) of the Act, a species may be determined to be an endangered species or a threatened species because of any of the following five factors:
        (A) The present or threatened destruction, modification, or curtailment of its habitat or range;
        (B) Overutilization for commercial, recreational, scientific, or educational purposes;
        (C) Disease or predation;
        (D) The inadequacy of existing regulatory mechanisms; or
        (E) Other natural or manmade factors affecting its continued existence.
        In considering whether a species may meet the definition of a threatened species or an endangered species because of any of the five factors, we must look beyond the mere exposure of the species to the stressor to determine whether the species responds to the stressor in a way that causes actual impacts to the species. If there is exposure to a stressor, but no response, or only a positive response, that stressor does not cause a species to meet the definition of a threatened species or an endangered species. If there is exposure and the species responds negatively, we determine whether that stressor drives or contributes to the risk of extinction of the species such that the species warrants listing as an endangered or threatened species. The mere identification of stressors that could affect a species negatively is not sufficient to compel a finding that listing is or remains warranted. For a species to be listed or remain listed, we require evidence that these stressors are operative threats to the species and its habitat, either singly or in combination, to the point that the species meets the definition of an endangered or a threatened species under the Act.
        In conducting our evaluation of the five factors provided in section 4(a)(1) of the Act to determine whether the beaverpond marstonia and southwestern willow flycatcher meet the definition of “endangered species” or “threatened species,” we considered and thoroughly evaluated the best scientific and commercial information available regarding the past, present, and future stressors and threats. We reviewed the petitions, information available in our files, and other available published and unpublished information. These evaluations may include information from recognized experts; Federal, State, and tribal governments; academic institutions; foreign governments; private entities; and other members of the public.

        The species assessment form for the beaverpond marstonia and the 12-month finding assessment for the southwestern willow flycatcher contain more detailed biological information, a thorough analysis of the listing factors, and an explanation of why we determined that these species do not meet the definition of an endangered species or threatened species. This supporting information can be found on the internet at http://www.regulations.gov under the appropriate docket number (see ADDRESSES, above). The following are informational summaries for each of the findings in this notice.
        Beaverpond marstonia (Marstonia castor)
        Previous Federal Actions

        On April 20, 2010, we received a petition from the Center for Biological Diversity, Alabama Rivers Alliance, Clinch Coalition, Dogwood Alliance, Gulf Restoration Network, Tennessee Forests Council, and West Virginia Highlands Conservancy, requesting that the beaverpond marstonia be listed as an endangered or threatened species under the Act. On September 27, 2011, we published a 90-day finding in the Federal Register (76 FR 59836) concluding that the petition presented substantial information indicating that listing the beaverpond marstonia may be warranted. Subsequently, we entered into a stipulated settlement agreement with the Center for Biological Diversity that required us to submit a 12-month finding to the Federal Register by December 31, 2017. This notice constitutes the 12-month finding on the April 20, 2010, petition to list the beaverpond marstonia under the Act.
        Summary of Finding
        The beaverpond marstonia is a freshwater snail in the Hydrobiidae family. The tan-colored shell of the beaverpond marstonia is less than 4 millimeters (mm) (0.2 inches (in)) in length. The species has been found at only three creeks in Georgia, and, like other members of its family, it has limited dispersal capabilities and a narrow distribution in a local drainage system.
        Little is known about the biology and ecology of the beaverpond marstonia, but in the creeks where it was located, it was found primarily by clumps of vegetation in shallow, clear water with a slight current. In this fragile habitat, the beaverpond marstonia relies on fine particulate organic matter and aquatic microorganisms as its primary food sources.

        The beaverpond marstonia was last observed in 2000. Repeated surveys for the species, starting in 2014 through March of 2017, in the locations where it was previously found and in surrounding areas with similar habitat have yielded no specimens. Based on both the results of repeated species surveys by qualified species experts at all three historical locations and suitable habitat in surrounding areas, the best available science indicates there are no extant populations of beaverpond marstonia.

        Therefore, we believe the beaverpond marstonia to be extinct. As a result, the beaverpond marstonia does not fall within the statutory definition of either a threatened species or an endangered species and, accordingly, does not warrant listing under the Act. A detailed discussion of the basis for this finding can be found in the beaverpond marstonia species assessment form and other supporting documents (see ADDRESSES, above).
        Southwestern Willow Flycatcher (Empidonax traillii extimus)
        Previous Federal Actions

        The southwestern willow flycatcher was listed as an endangered species under the Act on February 27, 1995 (60 FR 10694). On August 20, 2015, we received a petition from The Pacific Legal Foundation (representing The Center for Environmental Science, Accuracy, and Reliability, Building Industry Legal Defense Fund, California Building Industry Association, California Cattlemen's Association, New Mexico Business Coalition, New Mexico Cattle Growers Association, New Mexico Farm and Livestock Bureau, and New Mexico Wool Growers Inc.), requesting that the southwestern willow flycatcher be removed from the Federal List of Endangered and Threatened Wildlife under the Act. On March 16, 2016, we published a 90-day finding in the Federal Register (81 FR 14058) concluding that the petition presented substantial information indicating that removing the southwestern willow flycatcher may be warranted based on information related to the taxonomic status. This notice constitutes the 12-month finding on the August 19, 2015, petition to remove the southwestern willow flycatcher from the List.
        Summary of Finding
        The southwestern willow flycatcher is a small, neotropical migrant bird that grows to about 15 centimeters (cm) (6 in) in length. During its breeding season from about May to September, this subspecies of willow flycatcher is found in the southwestern United States in parts of California, Nevada, Utah, Colorado, Arizona, New Mexico, and Texas.
        The southwestern willow flycatcher breeds in areas from near sea level to over 2,600 meters (m) (8,500 feet (ft)) in vegetation alongside rivers, streams, or other wetlands. It establishes nesting territories, builds nests, and forages in mosaics of relatively dense and expansive growths of trees and shrubs, near or adjacent to surface water or underlain by saturated soil. The subspecies eats a wide range of terrestrial and aquatic invertebrates including flying and ground- and vegetation-dwelling insects.

        We evaluated the subspecies classification and all relevant stressors under the five factors, including any regulatory mechanisms and conservation measures addressing these stressors. In our evaluation of the subspecies classification, we considered information provided in the petition suggesting that the southwestern willow flycatcher is not a valid subspecies, reports and literature (including more recent quantitative data), the professional opinion of a broad group of ornithological organizations, and additional analyses of recent flycatcher studies evaluating diagnostic subspecies characteristics. We found that the southwestern willow flycatcher is a valid subspecies and that the following threats are acting on the subspecies such that it continues to meet the definition of an endangered species under the Act: habitat loss and modification caused by dams and reservoirs, diversion and groundwater pumping, invasive plants and beetles, river management, urbanization, agricultural development, livestock grazing and management, fire and fire management, cowbird parasitism, and recreation (Factor A); other natural or manmade factors including drought and the effects of climate change, vulnerability of small or isolated populations, and genetic effects (Factor E); and cumulative effects of these threats. The existing regulatory mechanisms are not adequate to ameliorate these threats (Factor D). Therefore, we find that removing the southwestern willow flycatcher from the List is not warranted. A detailed discussion of the basis for this finding can be found in the southwestern willow flycatcher 12-month finding assessment and other supporting documents (see ADDRESSES, above).
        New Information

        We request that you submit any new information concerning the taxonomy, biology, ecology, status of, or stressors to, the southwestern willow flycatcher. We further request that you contact us as soon as possible if new information becomes available suggesting specimens of beaverpond marstonia have been located. Please contact the appropriate person, as specified under FOR FURTHER INFORMATION CONTACT, whenever it becomes available. New information will help us monitor the species and make appropriate decisions about their conservation and status. We encourage local agencies and stakeholders to continue cooperative monitoring and conservation efforts.
        References Cited

        Lists of the references cited in the petition findings are available on the internet at http://www.regulations.gov in the dockets listed above in ADDRESSES and upon request from the appropriate person, as specified under FOR FURTHER INFORMATION CONTACT.
        Authors
        The primary authors of this document are the staff members of the Species Assessment Team, Ecological Services Program.
        Authority

        The authority for this action is section 4 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

          Dated: December 3, 2017.
          James W. Kurth,
          Deputy Director, U.S. Fish and Wildlife Service, Exercising the Authority of the Director, U.S. Fish and Wildlife Service.

      [FR Doc. 2017-28163 Filed 12-28-17; 8:45 am]
       BILLING CODE 4333-15-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        [I.D. 060302B]
        Gulf of Mexico Fishery Management Council; Public Hearings

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

          ACTION:
          Notice of scoping meetings; request for comments.

          SUMMARY:
          The Gulf of Mexico Fishery Management Council (Council) will convene scoping meetings to receive comments on whether the Council should begin developing an amendment to the Reef Fish Fishery Management Plan to extend the time period for the Madison/Swanson and Steamboat Lumps marine reserves. A scoping meeting is part of the initial process of determining whether development of a management action should proceed.

          DATES:
          The scoping meetings will be held in June. See SUPPLEMENTARY INFORMATION for specific dates and times.

          ADDRESSES:
          Written comments should be sent to and copies of the scoping document are available from the Gulf Council.

            Council address: Gulf of Mexico Fishery Management Council, 3018 U.S. Highway 301, North, Suite 1000, Tampa, FL 33619.

          FOR FURTHER INFORMATION CONTACT:
          Mr. Steven Atran, Population Dynamics Statistician, Gulf of Mexico Fishery Management Council; telephone: (813) 228-2815.

        SUPPLEMENTARY INFORMATION:
        The scoping meetings will be convened on the issue of whether the Council should begin developing an amendment to the Reef Fish Fishery Management Plan to extend the time period for the Madison/Swanson and Steamboat Lumps marine reserves.
        The Madison/Swanson and Steamboat Lumps marine reserves were implemented on June 19, 2000 with a 4-year sunset provision, and will expire on June 16, 2004. The Madison/Swanson site is approximately 115 square nautical miles in size and is located about 40 nautical miles southwest of Apalachicola, FL. Steamboat Lumps is approximately 104 square nautical miles in size and is located about 95 nautical miles west of Tarpon Springs, FL. Within each area, fishing is prohibited for all species except for highly migratory species, i.e., tunas, marlin, oceanic sharks, sailfishes, and swordfish.
        These marine reserves were created primarily to protect a portion of the gag spawning aggregations and to protect a portion of the offshore population of male gag. However, the areas are also suitable habitat and may provide protection for many other species, such as scamp, red grouper, warsaw grouper, speckled hind, red snapper, red porgy and others. A 4-year period was established to give the Council time to evaluate the utility of marine reserves. If the Council chooses to continue the Madison/Swanson and Steamboat Lumps marine reserves beyond June 2004, it must do so through a reef fish plan amendment. Non-action will result in the two reserves expiring on June 16, 2004, and the areas re-opening to all fishing.
        During the scoping meetings, Dr. Chris Koenig, of Florida State University, who is one of the researchers studying the marine reserves, will give a presentation on his research to date. Public input will then be solicited as to whether management action should be initiated to continue the reserves beyond June 2004, and if so, what the scope of issues should be for consideration.
        The scoping meetings will be held at the following locations and dates from 7 p.m.-10 p.m.
        1. Wednesday, June 19, 2002, National Marine Fisheries Service, 3500 Delwood Beach Road, Panama City, FL 32408; 850-234-6541
        2. Thursday, June 20, 2002, Tampa Airport Hilton, 2225 Lois Avenue, Tampa, FL 33607; telephone 813-877-6688
        Copies of the scoping document for these meetings can be obtained by calling 813-228-2815.
        Special Accommodations

        These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Anne Alford at the Council (see ADDRESSES) by June 12, 2002.

          Dated: June 6, 2002.
          Virginia M. Fay,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 02-14772 Filed 6-11-02; 8:45 am]
      BILLING CODE 3510-22-S


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Parts 300, 600 and 679
        [Docket No. 020801186-2186-01; I.D. 053102D]
        RIN 0648-AQ09
        Pacific Halibut Fisheries; Subsistence Fishing

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

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          NMFS proposes regulations to authorize a subsistence fishery for Pacific halibut in waters off Alaska.  These regulations are necessary to allow qualified persons to practice the long-term customary and traditional harvest of Pacific halibut for food in a non-commercial manner.  This action is intended to meet the conservation and management requirements of the Northern Pacific Halibut Act of 1982 (Halibut Act) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

          DATES:
          Comments must be received at the following address not later than September 25, 2002.

          ADDRESSES:
          Comments may be sent to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS P.O. Box 21668, Juneau, AK 99802-1668, Attn:  Lori Gravel-Durall.  Hand or courier deliveries of comments may be sent to NMFS, Alaska Region, 709 West 9th Street, Room 453, Juneau, AK 99801.  Send comments on collection-of-information requirements to the same address and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503 (Attn:  NOAA Desk Officer).  Comments also may be sent via facsimile (fax) to 907-586-7465.  Comments will not be accepted if submitted via e-mail or the Internet.
          Copies of the environmental assessment/regulatory impact review (EA/RIR) prepared for this action are available from NMFS at the above address or by calling the Sustainable Fisheries Division, Alaska Region, NMFS, at 907-586-7228.

          FOR FURTHER INFORMATION CONTACT:
          Jay Ginter, 907-586-7172 or jay.ginter@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        Background and Need for Action

        Management of the Pacific halibut (hereafter halibut) fishery in and off Alaska is based on an international agreement between Canada and the United States.  This agreement, titled the “Convention between United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea” (Convention), was signed at Ottawa, Canada, on March 2, 1953, and amended by the “Protocol Amending the Convention,” signed at Washington, D.C., March 29, 1979.  This Convention, administered by the International Pacific Halibut Commission (IPHC), is given effect in the United States by the Halibut Act.  Generally, fishery management regulations governing the halibut fisheries are developed by the IPHC and recommended to the U.S. Secretary of State.  When approved, these regulations are published by NMFS in the Federal Register as annual management measures.  For 2002, the annual management measures were published March 20, 2002 (67 FR 12885).
        The Halibut Act also provides for the North Pacific Fishery Management Council (Council) to develop halibut fishery regulations, including limited access regulations, in its geographic area of concern that would apply to nationals or vessels of the U.S. (Halibut Act, section 773(c)).  Such an action by the Council is limited only to those regulations that are in addition to and not in conflict with IPHC regulations, and they must be approved and implemented by the U.S. Secretary of Commerce (Secretary).  Any allocation of halibut fishing privileges must be fair and equitable and consistent with other applicable Federal law.  This is the authority under which the Council acted in October 2000, to adopt a subsistence halibut policy.

        The Council does not have a “fishery management plan” (FMP) for the halibut fishery.  Hence, halibut fishery management regulations developed by the Council do not follow the FMP or FMP amendment procedures set out in the Magnuson-Stevens Act.  Instead, a regulatory amendment process is followed.  This process requires submission of the Council recommendation to the Secretary as a proposed rule for publication in the Federal Register along with supporting analyses as required by other applicable law.
        Subsistence fishing and hunting are well known in Alaska as customary and traditional practices of Alaska Natives and non-Natives, especially in rural areas with limited alternative food resources.  As a means of survival long before the present time, subsistence harvesting is inextricably woven into the cultural fabric of Alaska Natives and the rural lifestyle.  Current regulations that govern fishing for halibut in Convention waters off Alaska, however, do not recognize subsistence harvesting of halibut.  The purpose of this action is to provide regulations that would authorize a subsistence fishery for halibut in Convention waters off Alaska.  These regulations are designed to allow persons who have customarily and traditionally used halibut for food in the past to continue that practice.  Formal recognition of the halibut subsistence fishery also is expected to improve information for stock assessment purposes through the collection of better data than are now available to estimate the subsistence harvest of halibut.
        Beginning in 1996, the Council began to receive requests from various Alaska Native tribal organizations to recognize in regulations the established customary and traditional practices associated with the subsistence take of halibut.  These organizations included the Central Council of Tlingit and Haida Indian Tribes of Alaska, the Coastal Villages Fishing Cooperative, and the Aleutian Pribilof Islands Association.  These organizations requested formal subsistence regulations to resolve enforcement problems related to fishing practices for subsistence purposes.
        In December 1996, the Council formed the Halibut Subsistence Committee (Committee), made up of seven members representing various Alaska Native tribes and chaired by a Council member.  The Committee was tasked with developing recommendations for recognizing subsistence halibut fishing.  The Committee met in January 1997 and provided its recommendations to the Council in February 1997.  Based on those recommendations, the Council initiated development of an EA/RIR for a subsistence halibut fishery.
        In April 1997, the Council approved a draft EA/RIR and in June 1997 took final action on one aspect of the subsistence halibut program.  The provision recommended by the Council allowed persons participating in the Community Development Quota (CDQ) Program in IPHC Regulatory Area (Area) 4E to retain undersized halibut (less than 32 inches or 81.2 cm) for subsistence purposes.  This recommendation was approved by the Secretary and implemented in 1998.  The Council deferred action on all other aspects of the subsistence halibut program until the Alaska State Legislature considered changes to the Alaska State Constitution to make it consistent with U.S. Federal law relating to management of fish and game on Federal public lands in Alaska.
        NMFS requested that the Council reschedule final action on a subsistence halibut management program after the Alaska State Legislature decided not to act by October 1999, as requested by Alaska's Congressional Delegation.  In February 2000, the Council revised alternatives in the draft EA/RIR and scheduled initial review of the action in April 2000 and final action in June 2000.

        The Council changed some of the alternatives at its April 2000 meeting.  The Council decided to submit the revised alternatives to the Committee for review and delayed final action until October 2000.  The Committee reviewed the revised alternatives in September 2000 and informed the Council that it believed that the alternatives considered in the EA/RIR were adequate.  In October 2000, the Council took final action on its preferred alternative for the subsistence halibut program.  Further information on alternatives considered and rejected can be found in the EA/RIR for this action (see ADDRESSES).
        Specific Elements of the Halibut Subsistence Fishery
        Definition Of Subsistence
        As stated earlier, the main purpose of this action is to authorize a subsistence fishery for halibut in Convention waters off Alaska.  Generally, subsistence means the act of maintaining life.  Therefore, subsistence could refer to the collection or use of edible and non-edible items for basic food, shelter, or clothing.  In the context of this action, however, subsistence refers to the act of collecting wild foods, i.e., halibut, for sustenance and cultural tradition by rural residents of Alaska or by members of Alaska Native tribes (defined in Definition Of Eligibility, below).  Therefore, as used throughout this action, “subsistence halibut” is proposed to mean “halibut caught by a rural resident of Alaska or by a member of an Alaska Native tribe for direct personal or family consumption as food, sharing for personal or family consumption as food, or customary trade” (see proposed definitions at § 300.61).
        More specifically, the Council determined that subsistence halibut regulations were needed to authorize the long-term customary and traditional practices of fishing for halibut for food in a non-commercial manner for non-economic consumption by families.  The Council then defined “subsistence” as “non-commercial, long-term, customary and traditional use of halibut.”  This definition is broad enough to capture the concepts of sustenance and cultural tradition while it limits behavior through the use of the term “non-commercial.”  Non-commercial fishing means that halibut caught in the subsistence fishery cannot be sold or otherwise marketed for commercial purposes.  However, the Council recommended including a provision that authorizes the customary trade of subsistence halibut for non-commercial monetary (maximum annual limit of $400 per person) and non-monetary exchange.  The specific details of customary trade of subsistence halibut are discussed below.
        Definition Of Eligibility
        The Council reviewed several options for eligibility.  The Council considered various concerns, including the cultural, traditional, and material needs of Alaska Natives and non-Natives.  Developing eligibility criteria for a subsistence halibut fishery was a difficult determination for the Council, and the Council reviewed several different methods to determine eligibility before recommending its preferred alternative.  Among these methods were criteria established by the Federal Subsistence Board (FSB), the Alaska Board of Fisheries (ABF), and the Alaska National Interest Lands Conservation Act (ANILCA).

        Eventually, the Council crafted its own criteria for eligibility to fit the specific needs of the halibut subsistence program using the State of Alaska criteria for determining rural areas in which a subsistence lifestyle may be practiced (see Alaska Statute 16.05.258(c)) and FSB criteria derived from ANILCA.  Persons eligible to conduct subsistence halibut fishing under the Council's recommended criteria are:  (1) residents of rural places with customary and traditional uses of halibut and (2) all identified members of federally recognized Alaska Native tribes with a finding of customary and traditional uses of halibut.  Tables provided in § 300.65(f) of the proposed rule list rural places with customary and traditional uses of halibut and list federally recognized Alaska Native tribes with a finding of customary and traditional uses of halibut.  A person must be a resident of a rural place listed in the table at 50 CFR 300.65(f)(1) or an identified member of a federally recognized Alaska Native tribe in the table at 50 CFR 300.65(f)(2) to be eligible to harvest subsistence halibut.  The Council developed these lists based on findings of customary and traditional uses of halibut by the ABF or the FSB.  Residents or identified members who believe that their rural place or federally recognized Alaska Native tribe was inadvertently left out of the tables or who are seeking eligibility for the first time, are encouraged to petition the appropriate body for a customary and traditional uses designation before petitioning the Council for inclusion in the tables.
        Authorized Areas For Subsistence Halibut Harvest
        The Council also provided recommendations about where eligible persons would be able to harvest subsistence halibut.  Generally, eligible persons could harvest subsistence halibut in all Convention waters in and off Alaska except for areas designated as non-subsistence areas.  Four non-subsistence areas would be defined in regulations at 50 CFR 300.65(g)(3).  These are:  (1) the Ketchikan non-subsistence area, (2) the Juneau non-subsistence area, (3) the Valdez non-subsistence area, and (4) the Anchorage/Matsu/Kenai non-subsistence area.
        However, an exception to that general rule would apply to an eligible person who is an Alaska Native tribal member, who resides in an urban area, and whose tribal headquarters is located in a rural area with a customary and traditional uses designation.  Such a person could only harvest subsistence halibut in the IPHC regulatory area where his or her tribal headquarters is located.  The appropriate IPHC regulatory area for each tribal headquarters is given in the table at 50 CFR 300.65(f)(2).
        Legal Gear For Harvesting Subsistence Halibut
        The Council recommended that legal gear for harvesting subsistence halibut be limited to set and hand-held gear of not more than 30 hooks, including longline, handline, rod and reel, spear, jig and hand-troll gear.
        The Council's use of the term set gear refers to “setline gear,” which is defined at 50 CFR 300.61.  “Setline gear” means one or more stationary, buoyed, and anchored lines with hooks attached.  “Longline gear,” “Handline gear,” “Jig gear,” and “Hand troll gear” are defined at 50 CFR 679.2.  “Longline gear” means hook-and-line, jig, troll, and handline or the taking of fish by means of such a device.  “Handline gear” means a hand-held line, with one or more hooks attached, that may only be operated manually.  “Jig gear” means a single, non-buoyed, non-anchored line with hooks attached, or the taking of fish by means of such a device.  Hand troll gear means one or more lines, with lures or hooks attached, drawn through the water behind a moving vessel, and retrieved by hand or hand-cranked reels or gurdies and not by any electrically, hydraulically, or mechanically powered device or attachment.
        “Rod and reel” and “spear” are defined at 50 CFR 600.10.  “Rod and reel” means a hand-held (including rod holder) fishing rod with a manually or electrically operated reel attached.  “Spear” means a sharp, pointed, or barbed instrument on a shaft.  Spears can be operated manually or shot from a gun or sling.
        Current regulations at 50 CFR 600.725(v) allow only hook and line gear for harvesting Pacific halibut.  This action proposes to revise 50 CFR 600.725(v) to allow the use of setline gear, longline gear, rod and reels, and spears to harvest subsistence halibut.
        The Council recommended the use of setline gear, longline gear, rod and reels, and spears based on public testimony and recommendations from its Halibut Subsistence Working Group that such gears have been and are used to harvest subsistence halibut.  The Council recommended a limit “of not more than 30 hooks,” after deliberations on sufficient gear to accommodate persons who subsistence fish as a proxy for others who depend on subsistence resources.  The EA/RIR analyzed four possible limits:   2 hooks, 10 hooks, 30 hooks, and 60 hooks.  The Council recommended a 30-hook limit because it determined that a 2-hook limit and a 10-hook limit would not provide proxy fishermen with sufficient gear to harvest subsistence halibut for an extended group or family, and 60 hooks would be too much gear for subsistence purposes and could lead to waste.  The hook limit was considered together with daily bag limits, which the Council recommended should be 20 halibut per day (see Daily Bag Limit below).  Allowing more than 30 hooks increases the chance that more halibut could be caught than allowed under the daily bag limit.  For example, under a 30-hook limit, the ratio of halibut to hooks would have to exceed 67 percent to exceed the daily bag limit; however, under a 60-hook limit, the ratio of halibut to hooks would only have to be 33 percent.
        Setline gear that is buoyed and used for subsistence fishing would be required to be marked with the name and address of the subsistence fisher(s) using the gear.  This requirement is consistent with other state and Federal subsistence regulations and is designed to facilitate enforcement of hook limits and return lost gear to the person(s) whose name and address are marked on the buoy.
        Customary Trade Of Subsistence Halibut
        The Council recommended to allow limited customary trade of subsistence halibut.  Customary trade means the non-commercial exchange of subsistence halibut for money or anything other than items of significant value.  Customary trade for money would be limited to $400 annually.  The Council was silent on whether the $400 annual limit should apply to each person who harvests subsistence halibut or some other unit, e.g., household.  However, the relatively nominal level of this monetary limit indicates that the possibility that someone would choose to fish for subsistence halibut for profit is extremely remote.  Therefore, this proposed rule would apply the $400 annual limit to each person who harvests subsistence halibut, which is the least restrictive interpretation of the Council's recommendation.  The secondary sale of subsistence halibut by anyone other than the person who caught it would be prohibited.

        During its deliberations on this issue, the Council suggested that subsistence halibut should be prohibited from the premises of commercial fish buying operations.  Although the Council was very clear in its intent that customary trade of subsistence halibut should be allowed, the Council was also mindful of how easily subsistence halibut could be moved into the commercial sector.  The Council intended to prevent the movement of subsistence halibut into the commercial sector by recommending that subsistence halibut be prohibited from the premises of commercial fish buying operations.  The Council also recognized, however, that two existing practices should be allowed as exceptions to the general rule of no subsistence halibut on the premises of commercial fish buying operations.  First, the existing practice of landing small halibut less than 32 inches (in) (81.2 centimeters (cm)) in length caught with CDQ halibut in Area 4E will be allowed to continue and expanded to Area 4D.  In these areas, a person may retain halibut less than 32 in (81.2 cm) as subsistence halibut with commercial CDQ halibut provided that the total annual halibut catch of that person is landed at a port within Area 4E or Area 4D.  This provision was implemented in 2002 by the IPHC in section 7 of its regulations published as the annual management measures for the Pacific halibut fishery on March 20, 2002 (67 FR 12885).
        Second, a commercial fish buyer who is eligible to harvest subsistence halibut would be allowed to participate in the customary trade of subsistence halibut.  NMFS recognizes that implementation of this prohibition may affect current practices, such as use of commercial premises to process subsistence products.  Therefore, NMFS especially requests comments on how best to give effect to the Council's intent to prevent movement of subsistence halibut into the commercial sector without preventing current practices or the ability of eligible persons to freely participate in the subsistence halibut program.
        Daily Bag Limit
        The daily harvest limit for subsistence halibut outside of Areas 4C, 4D, and 4E, is up to 20 halibut per eligible subsistence fisherman.   Although harvesting for subsistence purposes generally is self-limiting (i.e., limited by the amount that could be consumed or shared as food), the Council determined that a daily harvest limit should be established for equity among subsistence users and among all halibut user groups (i.e., commercial, recreational, and subsistence).  No limit would be established, however, for Areas 4C, 4D, and 4E for two safety reasons.  First, the annual time period available for subsistence halibut fishing in Areas 4C, 4D, and 4E is reduced because of sea ice coverage.  Second, once the sea ice has melted, the potential to fish for subsistence halibut is further reduced because of frequent rough seas and inclement weather.
        Registration
        A system of registering eligible subsistence fishermen is proposed primarily to focus the collection of subsistence harvest information on those persons who are actually participating in the subsistence fishery.  The exact number of persons who would be eligible to conduct fishing for subsistence halibut under this action is unknown but is estimated in the EA/RIR to be roughly 89,000.  Previous subsistence harvest surveys suggest, however, that only about 10 percent of the eligible population actually would fish for subsistence halibut.  A survey of a representative number of the entire population of eligible subsistence fishermen would therefore result in “no harvest” for 9 out of 10 persons sampled.  Hence, a more efficient and more accurate estimate of the total annual subsistence halibut harvest would result from surveying most (at least 80 percent) of those eligible persons who actually harvest subsistence halibut.  By registering to conduct fishing for subsistence halibut, subsistence fishermen would provide NMFS with the basic information necessary to conduct a harvest survey.
        NMFS considered alternative methods for estimating total annual subsistence halibut harvests in light of existing commercial, sport, and subsistence harvest assessment programs conducted by the State of Alaska and Federal governments.  Also taken into account were the need for precision in estimating the subsistence harvest, predicted to be roughly 1 percent or less of the total fishing mortality of halibut, and the relative cost of collecting subsistence harvest information from a widely dispersed population.  Finally, in selecting a registration and survey system for assessing subsistence harvests, NMFS considered the relative likelihood of cooperation by subsistence halibut fishermen in providing accurate information about their harvests under a variety of mandatory log book or other reporting schemes before selecting the proposed registration and survey approach.
        A secondary purpose of the registration system is to distinguish between those persons who would be eligible to fish for subsistence halibut and those who would not be eligible.  As explained above, a person could be eligible by being either a resident of a rural community or place listed in § 300.65(f)(1) of the proposed rule or a member of a federally recognized Alaska Native tribe listed in § 300.65(f)(2) of the proposed rule.  All other persons, regardless of Native tribal affiliation, would not be eligible.
        The registration system would be managed by the Restricted Access Management (RAM) Program Office of the Alaska Region, NMFS.  The RAM Program manager would confirm the eligibility of registration applicants based on the information provided on an application form.  If eligible, an applicant would receive from RAM a subsistence halibut registration certificate (SHARC).  Depending on the basis of a person's eligibility, the SHARC he or she receives would expire either in 2 years, for a rural resident registration, or in 4 years, for an Alaska Native tribal registration.  Maintaining a valid registration for more than one year would reduce the burden on eligible persons compared to applying for an annual SHARC.
        NMFS recognizes that the risk of not having an annual SHARC application is that a non-Native rural resident could move to an urban area of Alaska or out of the State and yet retain an ability to fish for subsistence halibut until his or her SHARC expired.  A member of an Alaska Native tribe, however, would retain subsistence halibut fishing eligibility regardless of his or her residency in a rural place.  Nevertheless, for the information collection purposes of the registration system, NMFS would remove such an eligible person from the registration list if he or she ceased being actually engaged in subsistence halibut fishing by evidence of no registration renewal.  Hence, the expiration or renewal period for a SHARC issued to a member of an Alaska Native tribe could be longer than that issued to a rural resident.
        Complying with this proposed registration system by obtaining a SHARC before conducting subsistence fishing for halibut would be mandatory.  The objective of NMFS in making this a mandatory requirement, however, is not to prevent otherwise eligible persons from harvesting subsistence halibut.  Instead, the purpose is, as explained above, to collect information on participation and harvests in the subsistence halibut fishery and to distinguish between eligible and non-eligible persons during the fishing season.
        The information collected on an application for a SHARC would be minimized to include basic identity and address information.  Applications for a rural resident registration would differ from that for an Alaska Native tribal registration, however, in that the former would require the applicant to certify that he or she is a “rural resident,” as that term is defined in the proposed rule text.  The latter would require the applicant to certify that he or she is a member of an “Alaska Native tribe,” as that term is defined in the proposed rule text (see § 300.61).  The Alaska Region, NMFS, would seek to arrange cooperative agreements with state and local governments, Alaska Native tribal governments, or other entities to assist eligible subsistence halibut fishermen with registration procedures.

        Further, NMFS would be conducting the harvest assessment survey, for which the registration system is designed, primarily through cooperative agreement with the State of Alaska Department of Fish and Game, Alaska Native tribes, or other experienced research institution.  The proposed survey instrument would be designed to minimize the reporting burden on subsistence halibut fishermen while retrieving essential information.  The survey would collect information on the number and amount (in pounds) of halibut harvested as subsistence halibut, where the subsistence halibut was harvested (the IPHC regulatory area), the type of fishing gear used, and the catch of lingcod or rockfish while fishing for subsistence halibut, and would distinguish halibut harvested for subsistence from halibut harvested while sport fishing.  Participation in this survey would be voluntary.  A mandatory reporting system was considered and rejected by NMFS because it would lead to penalties for not reporting or misreporting harvest information, which ultimately would undermine the monitoring system.  A voluntary system, however, can be designed to estimate the harvests of persons who choose not to participate in the survey as is done by the State of Alaska in its state-wide harvest survey of recreational fishing harvests.
        NMFS is particularly interested in public comment on the proposed registration system and harvest assessment survey, especially because implementation of the subsistence halibut management program was not fully addressed by the Council at the time it adopted its recommended subsistence halibut policy.
        Restructuring of Regulations
        Most of the Council-developed regulations implemented under the Halibut Act authority discussed above are codified at 50 CFR 300 Subpart E.  For example, the catch sharing plans for IPHC regulatory Areas 2A and 4, and other management programs off Alaska are described at § 300.63.  Fishing by U.S. treaty Indian tribes in IPHC regulatory Area 2A is described at § 330.64 and prohibitions are given at § 300.65.  Regulations implementing the Individual Fishing Quota and CDQ programs in and off Alaska, however, are codified at 50 CFR part 679.
        NMFS proposes to better distinguish the provisions affecting IPHC regulatory Area 2A from those affecting the other IPHC areas in and off Alaska by codifying them in separate sections.  This action would leave all the provisions affecting IPHC regulatory Area 2A where they are now in §§ 300.63 and 300.64.  The introductory paragraph in § 300.63 would be revised, however, to clarify this structural change.  To complete this proposed change, the “Alaska” provisions currently in § 300.63 would be moved to a revised § 300.65 and a new prohibitions section would be added at § 300.66.  Specifically, the proposed changes to the structure of § 300.63 are as follows:

            Current section and paragraph
            Proposed new location
            Would there be a change in the text?

            Section 300.63(a) Catch Sharing Plan for Area 2A.
            Section 300.63(b).
            No, but a new introductory paragraph (a) would be added.

            Section 300.63(b) Catch Sharing Plan for Area 4.
            Section 300.65(b).
            No, but a new introductory paragraph (a) would be added.

            Section 300.63(c) “Short” halibut retention provision in Area 4E.
            Section 300.65(c).
            Yes, to reflect an allowance for “short” halibut to be retained as subsistence fish with CDQ halibut in areas 4D and 4E.

            Section 300.63(d) The LAMP for Sitka Sound.
            Section 300.65(d).
            No.

            Section 300.63(e) Sitka Pinnacles Marine Reserve.
            Section 300.65(e).
            No, but the heading would be simplified.

        To avoid confusion in the amendatory language of each instruction, the full text of each paragraph that would be moved along with proposed revisions is repeated in this proposed rule.  No substantive changes are proposed, however, in paragraphs (a), (b), (d), or (e) in existing § 300.63.  The proposed change for these paragraphs is primarily a structural relocation of them within the CFR.  The only substantive change related to the proposed subsistence halibut action would occur in existing § 300.63(c).  The remaining proposed subsistence halibut rules would begin at new § 300.65(f) and § 300.66.
        Classification
        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 contains collection-of-information requirements subject to review and approval by OMB under the Paperwork Reduction Act (PRA).  These requirements have been submitted to OMB for approval.  Public reporting burden for this collection of information is estimated to average 10 minutes per response for each registration, 30 minutes per response for each survey, and 15 minutes to mark each gear buoy, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

        Public comment is sought regarding:  whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the 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 NMFS, Alaska Region and to the Office of Information and Regulatory Affairs (see ADDRESSES).
        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 as follows:   The proposed rule would provide regulations that would authorize a subsistence fishery for halibut in waters off Alaska that are managed under an international agreement between Canada and the United States--"Convention between United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea.”  These regulations are designed to allow persons who have customarily and traditionally used halibut for food in the past to continue that practice.  Formal recognition of the halibut subsistence fishery also is expected to improve information for stock assessment purposes through the collection of better data than are now available to estimate the subsistence harvest of halibut.
        This proposed rule would not have a significant economic impact on a substantial number of small entities because it would only regulate individuals.  It does not regulate or directly impact small entities as defined in the Regulatory Flexibility Act.  As a result, a regulatory flexibility analysis was not prepared.

          List of Subjects
          50 CFR Part 300
          Fisheries, Fishing, Indians, Reporting and recordkeeping requirements, Treaties.
          50 CFR Part 600
          Fisheries, Fishing.
          50 CFR Part 679
          Alaska, Fisheries, Reporting and recordkeeping requirements.

          Dated:  August 14, 2002.
          Rebecca Lent,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

          For the reasons set out in the preamble, 50 CFR parts 300, 600, and 679 are proposed to be amended as follows:

            PART 300— INTERNATIONAL FISHERIES REGULATIONS, SUBPART E— PACIFIC HALIBUT FISHERIES

          1. The authority citation for 50 CFR part 300, subpart E continues to read as follows:

            Authority:
            16 U.S.C. 773-773k.

          2. In § 300.61, new definitions for “Alaska Native tribe,” “Commission,” “Commission regulatory area,” “Customary trade,” “Rural,” “Rural resident,” “Subsistence,” and “Subsistence halibut” would be added in alphabetical order and existing definitions for “Commercial fishing,” “IFQ halibut,” and “Sport fishing” would be revised to read as follows:

            § 300.61
            Definitions.

              Alaska Native tribe means, for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska, a federally recognized Alaska Native tribe that has customary and traditional use of halibut and that is listed in § 300.65(f)(2) of this part.

              Commercial fishing means fishing, the resulting catch of which either is, or is intended to be, sold or bartered but does not include subsistence fishing.

              Commission means the International Pacific Halibut Commission.

              Commission regulatory area means an area defined by the Commission for purposes of the Convention identified in 50 CFR 300.60 and prescribed in the annual management measures published pursuant to 50 CFR 300.62.

              Customary trade means, for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska, the non-commercial exchange of subsistence halibut for money or anything other than items of significant value.

              IFQ halibut means any halibut that is harvested with setline or other hook and line gear while commercial fishing in any IFQ regulatory area defined at § 679.2 of this title.

              Rural means, for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska, a community or area of Alaska in which the non-commercial, customary and traditional use of fish and game for personal or family consumption is a principal characteristic of the economy or area and in which there is a long-term, customary and traditional use of halibut, and that is listed in § 300.65(f)(1) of this part.

              Rural resident means, for purposes of the subsistence fishery for Pacific halibut in waters in and off Alaska, a person domiciled in a rural community listed in the table in section 300.65(f)(1) of this part and who has maintained a domicile in a rural community listed in the table in § 300.65(f)(1) of this part for the 12 consecutive months immediately preceding the time when the assertion of residence is made, and who is not claiming residency in another state, territory, or country.

              Sport fishing means:
            (a) in regulatory Area 2A, all fishing other than commercial fishing and treaty Indian ceremonial and subsistence fishing; and
            (b) in regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, all fishing other than commercial fishing and subsistence fishing.

              Subsistence means, with respect to Commission regulatory areas in and off Alaska, the non-commercial, long-term, customary and traditional use of halibut.

              Subsistence halibut means halibut caught by a rural resident or a member of an Alaska Native tribe for direct personal or family consumption as food, sharing for personal or family consumption as food, or customary trade.

          3. Section 300.63 is revised to read as follows:

            § 300.63
            Catch sharing plan and domestic management measures in Area 2A.
            (a) A catch sharing plan (CSP) may be developed by the Pacific Fishery Management Council and approved by NMFS for portions of the fishery.  Any approved CSP may be obtained from the Administrator, Northwest Region, NMFS.

            (b) The catch sharing plan for Area 2A provides a framework that shall be applied to the annual Area 2A total allowable catch (TAC) adopted by the Commission, and shall be implemented through domestic and Commission regulations, which will be published in the Federal Register each year before March 15. The Area 2A CSP allocates halibut among the treaty Indian fishery, segments of the non-Indian commercial fishery, and segments of the recreational fishery.

            (1) Before January 1 each year, NMFS will publish a proposal to govern the recreational fishery under the CSP for the following year and will seek public comment.  The comment period will extend until after the Commission's annual meeting, so the public will have the opportunity to consider the final Area 2A total allowable catch (TAC) before submitting comments.  After the Commission's annual meeting and review of public comments, NMFS will publish in the Federal Register the final rule governing sport fishing in Area 2A.  Annual management measures may be adjusted inseason by NMFS.

            (2) A portion of the commercial TAC is allocated as incidental catch in the salmon troll fishery in Area 2A.  Each year the landing restrictions necessary to keep the fishery within its allocation will be recommended by the Pacific Fishery Management Council at its spring meetings, and will be published in the Federal Register along with the annual salmon management measures.

            (3) The commercial longline fishery in Area 2A is governed by the annual management measures published pursuant to §§ 300.62 and 300.63.
            (4) The treaty Indian fishery is governed by § 300.64 and tribal regulations. The annual quota for the fishery will be announced with the Commission regulations under § 300.62.

          4. Section 300.65 is redesignated as § 300.66 and a new § 300.65 is added to read as follows:

            § 300.65
            Catch sharing plan and domestic management measures in Commission regulatory areas in and off Alaska.
            (a) A catch sharing plan (CSP) may be developed by the North Pacific Fishery Management Council and approved by NMFS for portions of the fishery.  Any approved CSP may be obtained from the Administrator, Alaska Region, NMFS.
            (b) The catch sharing plan for Commission regulatory Area 4 allocates the annual TAC among Area 4 subareas, and will be implemented by the Commission in annual management measures published pursuant to 50 CFR 300.62.
            (c) A person authorized to conduct subsistence fishing under paragraph (f) of this section may retain subsistence halibut that are taken with setline gear in Commission regulatory Areas 4D or 4E and that are smaller than the size limit specified in the annual management measures published pursuant to 50 CFR 300.62, provided that:
            (1) The total annual halibut harvest of that person is landed in regulatory Areas 4D or 4E; and
            (2) No person may sell such halibut outside of the limits prescribed for customary and traditional exchange of subsistence halibut prescribed at 50 CFR 300.66.
            (d) The Local Area Management Plan (LAMP) for Sitka Sound provides guidelines for participation in the halibut fishery in Sitka Sound.
            (1) For purposes of this section, Sitka Sound means (see Figure 1):
            (i) With respect to paragraph (d)(2) of this section, that part of the Commission regulatory Area 2C that is enclosed on the north and east:
            (A) By a line from Kruzof Island at 57°20'30” N. lat., 135°45'10” W. long. to Chichagof Island at 57°22'03” N. lat., 135°43'00” W. long., and
            (B) By a line from Chichagof Island at 57°22'35” N. lat., 135°41'18” W. long. to Baranof Island at 57°22'17” N. lat., 135°40'57” W. long.; and
            (C) That is enclosed on the south and west by a line from Cape Edgecumbe at 57°59'54” N. lat., 135°51'27” W. long. to Vasilief Rock at 56°48'56” N. lat., 135°32'30” W. long., and
            (D) To the green day marker in Dorothy Narrows at 56°49'17” N. lat., 135°22'45” W. long. to Baranof Island at 56°49'17” N. lat., 135°22'36” W. long.
            (ii) With respect to paragraphs (d)(3) and (4) of this section, that part of the Commission regulatory Area 2C that is enclosed on the north and east:
            (A) By a line from Kruzof Island at 57°20'30” N. lat., 135°45'10” W. long. to Chichagof Island at 57°22'03” N. lat., 135°43'00” W. long., and
            (B) A line from Chichagof Island at 57°22'35” N. lat., 135°41'18” W. long. to Baranof Island at 57°22'17” N. lat., 135°40'57” W. lat.; and
            (C) That is enclosed on the south and west by a line from Sitka Point at 56°59'23” N. lat., 135°49'34” W. long., to Hanus Point at 56°51'55” N. lat., 135°30'30” W. long.,
            (D) To the green day marker in Dorothy Narrows at 56°49'17” N. lat., 135°22'45” W. long. to Baranof Island at 56°49'17” N. lat., 135°22'36” W. long.
            (2) A person using a vessel greater than 35 ft (10.7 m) LOA, as defined at 50 CFR 300.61, is prohibited from fishing for IFQ halibut with setline gear, as defined at 50 CFR 300.61, within Sitka Sound as defined in paragraph (d)(1)(i) of this section.
            (3) A person using a vessel less than or equal to 35 ft (10.7 m) LOA, as defined at 50 CFR 300.61:
            (i) Is prohibited from fishing for IFQ halibut with setline gear within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, from June 1 through August 31; and
            (ii) Is prohibited, during the remainder of the designated IFQ season, from retaining more than 2,000 lb. (0.91 mt) of IFQ halibut within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, per IFQ fishing trip, as defined in 50 CFR 300.61.
            (4) No charter vessel, as defined at 50 CFR 300.61, shall engage in sport fishing, as defined at 50 CFR 300.61(b), for halibut within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, from June 1 through August 31.
            (i) No charter vessel shall retain halibut caught while engaged in sport fishing, as defined at 50 CFR 300.61(b), for other species, within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, from June 1 through August 31.
            (ii) Notwithstanding paragraphs (d)(4) and (d)(4)(i) of this section, halibut harvested outside Sitka Sound, as defined in (d)(1)(ii) of this section, may be retained onboard a charter vessel engaged in sport fishing, as defined in 50 CFR 300.61(b), for other species within Sitka Sound, as defined in paragraph (d)(1)(ii) of this section, from June 1 through August 31.
            (e) Sitka Pinnacles Marine Reserve.
            (1) For purposes of this paragraph (e), the Sitka Pinnacles Marine Reserve means an area totaling 2.5 square nm off Cape Edgecumbe, defined by straight lines connecting the following points in a counterclockwise manner:
            56°55.5' N lat., 135°54.0' W long;
            56°57.0' N lat., 135°54.0' W long;
            56°57.0' N lat., 135°57.0' W long;
            56°55.5' N lat., 135°57.0' W long.
            (2) No person shall engage in commercial, sport or subsistence fishing, as defined at § 300.61 of this part, for halibut within the Sitka Pinnacles Marine Reserve.
            (3) No person shall anchor a vessel within the Sitka Pinnacles Marine Reserve if halibut is on board.
            (f) Subsistence fishing in and off Alaska.  No person shall engage in subsistence fishing for halibut unless that person meets the requirements in paragraphs (f)(1) or (f)(2) of this section.
            (1) A person is eligible to harvest subsistence halibut if he or she is a rural resident of a community with customary and traditional uses of halibut listed in the following table:

              Halibut Regulatory Area 2C

                Rural Community
                Organized Entity

                Angoon
                Municipality

                Coffman Cove
                Municipality

                Craig
                Municipality

                Edna Bay
                Census Designated Place

                Elfin Cove
                Census Designated Place

                Gustavus
                Census Designated Place

                Haines
                Municipality

                Hollis
                Census Designated Place

                Hoonah
                Municipality

                Hydaburg
                Municipality

                Hyder
                Census Designated Place

                Kake
                Municipality

                Kasaan
                Municipality

                Klawock
                Municipality

                Klukwan
                Census Designated Place

                Metlakatla
                Census Designated Place

                Meyers Chuck
                Census Designated Place

                Pelican
                Municipality

                Petersburg
                Municipality

                Point Baker
                Census Designated Place

                Port Alexander
                Municipality

                Port Protection
                Census Designated Place

                Saxman
                Municipality

                Sitka
                Municipality

                Skagway
                Municipality

                Tenakee Springs
                Municipality

                Thorne Bay
                Municipality

                Whale Pass
                Census Designated Place

                Wrangell
                Municipality

              Halibut Regulatory Area 3A

                Rural Community
                Organized Entity

                Akhiok
                Municipality

                Chenega Bay
                Census Designated Place

                Cordova
                Municipality

                Karluk
                Census Designated Place

                Kodiak City
                Municipality

                Larsen Bay
                Municipality

                Nanwalek
                Census Designated Place

                Old Harbor
                Municipality

                Ouzinkie
                Municipality

                Port Graham
                Census Designated Place

                Port Lions
                Municipality

                Seldovia
                Municipality

                Tatitlek
                Census Designated Place

                Yakutat
                Municipality

              Halibut Regulatory Area 3B

                Rural Community
                Organized Entity

                Chignik Bay
                Municipality

                Chignik Lagoon
                Census Designated Place

                Chignik Lake
                Census Designated Place

                Cold Bay
                Municipality

                False Pass
                Municipality

                Ivanof Bay
                Census Designated Place

                King Cove
                Municipality

                Nelson Lagoon
                Census Designated Place

                Perryville
                Census Designated Place

                Sand Point
                Municipality

              Halibut Regulatory Area 4A

                Rural Community
                Organized Entity

                Akutan
                Municipality

                Nikolski
                Census Designated Place

                Unalaska
                Municipality

              Halibut Regulatory Area 4B

                Rural Community
                Organized Entity

                Adak
                Census Designated Place

                Atka
                Municipality

              Halibut Regulatory Area 4C

                Rural Community
                Organized Entity

                St. George
                Municipality

                St. Paul
                Municipality

              Halibut Regulatory Area 4D

                Rural Community
                Organized Entity

                Gambell
                Municipality

                Savoonga
                Municipality

                Diomede (Inalik)
                Municipality

              Halibut Regulatory Area 4E

                Rural Community
                Organized Entity

                Alakanuk
                Municipality

                Aleknegik
                Municipality

                Bethel
                Municipality

                Brevig Mission
                Municipality

                Chefornak
                Municipality

                Chevak
                Municipality

                Clark's Point
                Municipality

                Council
                Census Designated Place

                Dillingham
                Municipality

                Eek
                Municipality

                Egegik
                Municipality

                Elim
                Municipality

                Emmonak
                Municipality

                Golovin
                Municipality

                Goodnews Bay
                Municipality

                Hooper Bay
                Municipality

                King Salmon
                Census Designated Place

                Kipnuk
                Census Designated Place

                Kongiganak
                Census Designated Place

                Kotlik
                Municipality

                Koyuk
                Municipality

                Kwigillingok
                Census Designated Place

                Levelock
                Census Designated Place

                Manokotak
                Municipality

                Mekoryak
                Municipality

                Naknek
                Census Designated Place

                Napakiak
                Municipality

                Napaskiak
                Municipality

                Newtok
                Census Designated Place

                Nightmute
                Municipality

                Nome
                Municipality

                Oscarville
                Census Designated Place

                Pilot Point
                Municipality

                Platinum
                Municipality

                Port Heiden
                Municipality

                Quinhagak
                Municipality

                Scammon Bay
                Municipality

                Shaktoolik
                Municipality

                Sheldon Point (Nunam Iqua)
                Municipality

                Shishmaref
                Municipality

                Solomon
                Census Designated Place

                South Naknek
                Census Designated Place

                St. Michael
                Municipality

                Stebbins
                Municipality

                Teller
                Municipality

                Togiak
                Municipality

                Toksook Bay
                Municipality

                Tuntutuliak
                Census Designated Place

                Tununak
                Census Designated Place

                Twin Hills
                Census Designated Place

                Ugashik
                Census Designated Place

                Unalakleet
                Municipality

                Wales
                Municipality

                White Mountain
                Municipality

            (2) A person is eligible to harvest subsistence halibut if he or she is a member of an Alaska Native tribe with customary and traditional uses of halibut listed in the following table:

              Halibut Regulatory Area 2C

                Place with Tribal Headquarters
                Organized Tribal Entity

                Angoon
                Angoon Community Association

                Craig
                Craig Community Association

                Haines
                Chilkoot Indian Association

                Hoonah
                Hoonah Indian Association

                Hydaburg
                Hydaburg Cooperative Association

                Juneau
                Aukquan Traditional CouncilCentral Council Tlingit and Haida Indian Tribes
                  Douglas Indian Association

                Kake
                Organized Village of Kake

                Kasaan
                Organized Village of Kasaan

                Ketchikan
                Ketchikan Indian Corporation

                Klawock
                Klawock Cooperative Association

                Klukwan
                Chilkat Indian Village

                Metlakatla
                Metlakatla Indian Community, Annette Island Reserve

                Petersburg
                Petersburg Indian Association

                Saxman
                Organized Village of Saxman

                Sitka
                Sitka Tribe of Alaska

                Skagway
                Skagway Village

                Wrangell
                Wrangell Cooperative Association

              Halibut Regulatory Area 3A

                Place with Tribal Headquarters
                Organized Tribal Entity

                Akhiok
                Native Village of Akhiok

                Chenega Bay
                Native Village of Chanega

                Cordova
                Native Village of Eyak

                Karluk
                Native Village of Karluk

                Kenai-Soldotna
                Kenaitze Indian TribeVillage of Salamatoff

                Kodiak City
                Lesnoi Village (Woody Island)Native Village of Afognak
                  Shoonaq' Tribe of Kodiak

                Larsen Bay
                Native Village of Larsen Bay

                Nanwalek
                Native Village of Nanwalek

                Ninilchik
                Ninilchik Village

                Old Harbor
                Village of Old Harbor

                Ouzinkie
                Native Village of Ouzinkie

                Port Graham
                Native Village of Port Graham

                Port Lions
                Native Village of Port Lions

                Seldovia
                Seldovia Village Tribe

                Tatitlek
                Native Village of Tatitlek

                Yakutat
                Yakutat Tlingit Tribe

              Halibut Regulatory Area 3B

                Place with Tribal Headquarters
                Organized Tribal Entity

                Chignik Bay
                Native Village of Chignik

                Chignik Lagoon
                Native Village of Chignik Lagoon

                Chignik Lake
                Chignik Lake Village

                False Pass
                Native Village of False Pass

                Ivanof Bay
                Ivanoff Bay Village

                King Cove
                Agdaagux Tribe of King CoveNative Village of Belkofski

                Nelson Lagoon
                Native Village of Nelson Lagoon

                Perryville
                Native Village of Perryville

                Sand Point
                Pauloff Harbor VillageNative Village of Unga
                  Qagan Toyagungin Tribe of Sand Point Village

              Halibut Regulatory Area 4A

                Place with Tribal Headquarters
                Organized Tribal Entity

                Akutan
                Native Village of Akutan

                Nikolski
                Native Village of Nikolski

                Unalaska
                Qawalingin Tribe of Unalaska

              Halibut Regulatory Area 4B

                Place with Tribal Headquarters
                Organized Tribal Entity

                Atka
                Native Village of Atka

              Halibut Regulatory Area 4C

                Place with Tribal Headquarters
                Organized Tribal Entity

                St. GeorgeSt. Paul

                Pribilof Islands Aleut Communities of St. Paul Island and St. George Island

              Halibut Regulatory Area 4D

                Place with Tribal Headquarters
                Organized Tribal Entity

                Gambell
                Native Village of Gambell

                Savoonga
                Native Village of Savoonga

                Diomede (Inalik)
                Native Village of Diomede (Inalik)

              Halibut Regulatory Area 4E

                Place with Tribal Headquarters
                Organized Tribal Entity

                Alakanuk
                Village of Alakanuk

                Aleknagik
                Native Village of Aleknagik

                Bethel
                Orutsararmuit Native Village

                Brevig Mission
                Native Village of Brevig Mission

                Chefornak
                Village of Chefornak

                Chevak
                Chevak Native Village

                Clark's Point
                Village of Clark's Point

                Council
                Native Village of Council

                Dillingham
                Native Village of DillinghamNative Village of Ekuk
                  Native Village of Kanakanak

                Eek
                Native Village of Eek

                Egegik
                Egegik VillageVillage of Kanatak

                Elim
                Native Village of Elim

                Emmonak
                Chuloonawick Native VillageEmmonak Village

                Golovin
                Chinik Eskimo Community

                Goodnews Bay
                Native Village of Goodnews Bay

                Hooper Bay
                Native Village of Hooper BayNative Village of Paimiut

                King Salmon
                King Salmon Tribal Council

                Kipnuk
                Native Village of Kipnuk

                Kongiganak
                Native Village of Kongiganak

                Kotlik
                Native Village of HamiltonVillage of Bill Moore's Slough
                  Village of Kotlik

                Koyuk
                Native Village of Koyuk

                Kwigillingok
                Native Village of Kwigillingok

                Levelock
                Levelock Village

                Manokotak
                Manokotak Village

                Mekoryak
                Native Village of Mekoryak

                Naknek
                Naknek Native Village

                Napakiak
                Native Village of Napakiak

                Napaskiak
                Native Village of Napaskiak

                Newtok
                Newtok Village

                Nightmute
                Native Village of NightmuteUmkumiute Native Village

                Nome
                King Island Native CommunityNome Eskimo Community

                Oscarville
                Oscarville Traditional Village

                Pilot Point
                Native Village of Pilot Point

                Platinum
                Platinum Traditional Village

                Port Heiden
                Native Village of Port Heiden

                Quinhagak
                Native Village of Kwinhagak

                Scammon Bay
                Native Village of Scammon Bay

                Shaktoolik
                Native Village of Shaktoolik

                Sheldon Point (Nuna Iqua)
                Native Village of Sheldon's Point

                Shishmaref
                Native Village of Shishmaref

                Solomon
                Village of Solomon

                South Naknek
                South Naknek Village

                St. Michael
                Native Village of Saint Michael

                Stebbins
                Stebbins Community Association

                Teller
                Native Village of Mary's IglooNative Village of Teller

                Togiak
                Traditional Village of Togiak

                Toksook Bay
                Native Village of Toksook Bay

                Tuntutuliak
                Native Village of Tuntutuliak

                Tununak
                Native Village of Tununak

                Twin Hills
                Twin Hills Village

                Ugashik
                Ugashik Village

                Unalakleet
                Native Village of Unalakleet

                Wales
                Native Village of Wales

                White Mountain
                Native Village of White Mountain

            (g) Limitations on subsistence fishing.  Subsistence fishing for halibut may be conducted only by persons who qualify for such fishing pursuant to paragraph (f) of this section and who hold a valid subsistence halibut registration certificate in that person's name issued by NMFS pursuant to paragraph (h) of this section, provided that such fishing is consistent with the following limitations.
            (1) Subsistence fishing is limited to setline gear and hand-held gear:
            (i) Of not more than 30 hooks, including longline, handline, rod and reel, spear, jigging, and hand-troll gear.
            (ii) All setline gear marker buoys carried on board or used by any vessel regulated under this part shall be marked with the following:  First initial, last name, and address (street, city, and state).
            (iii) Markings on setline marker buoys shall be in characters at least 4 in (10.16 cm) in height and 0.5 in (1.27 cm) in width in a contrasting color visible above the water line and shall be maintained so the markings are clearly visible.
            (2) The daily retention of subsistence halibut in rural areas is limited to no more than 20 fish per person eligible to conduct subsistence fishing for halibut under paragraph (g) of this section, except that no daily retention limit applies in Areas 4C, 4D, and 4E.
            (3) Subsistence fishing may be conducted in any Commission regulatory area that is in and off Alaska except for the following four non-rural areas defined as follows:
            (i) Ketchikan non-subsistence marine waters area in Commission regulatory Area 2C (see Figure 2) is defined as those waters between a line from Caamano Point at 55°29.90' N. lat., 131°58.25' W. long. to Point Higgins at 55°27.42' N. lat., 131°50.00' W. long. and a point at 55°11.78' N. lat., 131°05.13' W. long., located on Point Sykes to a point at 55°12.22' N. lat., 131°05.70' W. long., located one-half mile northwest of Point Sykes to Point Alava at 55°11.54' N. lat., 131°11.00' W. long. and within one mile of the mainland and the Gravina and Revillagigedo Island shorelines, including within one mile of the Cleveland Peninsula shoreline and east of the longitude of Niblack Point at 132°07.23' W. long., and north of the latitude of the southernmost tip of Mary Island at 55°02.66' N. lat.;
            (ii) Juneau non-subsistence marine waters area in Commission regulatory Area 2C (see Figure 3) is defined as those waters of Stephens Passage and contiguous waters north of the latitude of Midway Island Light (57°50.21' N. lat.), including the waters of Taku Inlet, Port Snettisham, Saginaw Channel, and Favorite Channel, and those waters of Lynn Canal and contiguous waters south of the latitude of the northernmost entrance of Berners Bay (58°43.07' N. lat.), including the waters of Berners Bay and Echo Cove, and those waters of Chatham Strait and contiguous waters north of the latitude of Point Marsden (58°03.42' N. lat.), and east of a line from Point Couverden at 58°11.38' N. lat., 135°03.40' W. long., to Point Augusta at 58°02.38' N. lat., 134°57.11' W. long.;
            (iii) Anchorage/Matsu/Kenai non-subsistence marine waters area in Commission regulatory Area 3A (see Figure 4) is defined as all waters of Alaska enclosed by a line extending east from Cape Douglas (58°51.10' N. lat.), and a line extending south from Cape Fairfield (148°50.25' W. long.), except those waters north of Point Bede which are west of a line from the easternmost point of Jakolof Bay (151°32.00' W. long.) north to the westernmost point of Hesketh Island (59°30.04' N. lat., 151°31.09' W. long.), including Jakolof Bay and south of a line west from Hesketh Island (59°30.04' N. lat. extending to the boundary of the territorial sea); the waters south of Point Bede which are west of the easternmost point of Rocky Bay (from the mainland along 151°18.41' W. long. to the intersection with the territorial sea); and includes those waters within mean lower low tide from a point 1 mile south of the southern edge of the Chuitna River (61°05.00' N. lat., 151° 01.00' W. long.) south to the easternmost tip of Granite Point (61°01.00' N. lat., 151°23.00' W. long.); and
            (iv) Valdez non-subsistence marine waters area Commission regulatory Area 3A (see Figure 5) is defined as the waters of Port Valdez and Valdez Arm located north of 61°02.24' N. lat., and east of 146°43.80' W. long.
            (4) Commission regulatory areas in and off Alaska that are not specifically identified as non-rural in paragraph (g)(3) of this section are rural for purposes of subsistence fishing for halibut.  Subsistence fishing may be conducted in any rural area by any person with a valid subsistence halibut registration certificate in his or her name issued by NMFS under paragraph (h) of this section, except that:
            (i) A person who is not a rural resident but who is a member of an Alaska Native tribe that is located in a rural area and that is listed in the table in paragraph (f)(2) of this section, is limited to conducting subsistence fishing for halibut only in his or her area of tribal membership.
            (ii) A person who is a resident outside of the State of Alaska but who is a member of an Alaska Native tribe that is located in a rural area and that is listed in the table in paragraph (f)(2) of this section, is limited to conducting subsistence fishing for halibut only in his or her area of tribal membership.
            (iii) For purposes of this paragraph, “area of tribal membership” means rural areas of the Commission regulatory area in which the Alaska Native tribal headquarters is located.
            (h) Subsistence registration. A person must register as a subsistence halibut fisherman and possess a valid subsistence halibut registration certificate in his or her name issued by NMFS before he or she begins subsistence fishing for halibut in any Commission regulatory area in and off Alaska.
            (1) A subsistence halibut registration certificate will be issued to any person who is qualified to conduct subsistence fishing for halibut according to paragraph (f) of this section.  The Alaska Region, NMFS, may enter into cooperative agreements with Alaska Native tribal governments or their representative organizations for purposes of identifying persons qualified to conduct subsistence fishing for halibut according to paragraph (f) of this section.
            (2) A person may register as a subsistence halibut fisherman with a cooperating Alaska Native tribal government or other entity designated by NMFS, or directly with the Alaska Region, NMFS, by submitting the following information to the:

              Restricted Access Management (RAM) Program
              NMFS, Alaska Region
              P.O. Box 21668
              Juneau, AK 99802-1668

            (i) For a Rural Resident Registration, the person must submit his or her full name, date of birth, mailing address (number and street, city and state, zip code), community of residence (the rural community or residence from 50 CFR 300.65(f)(1) that qualifies the fisher as eligible to fish for subsistence halibut), daytime telephone number, certification that he or she is a “rural resident” as that term is defined at § 300.61 of this part, and signature and date of signature.

            (ii) For an Alaska Native Tribal Registration, the person must submit his or her full name, date of birth, mailing address (number and street, city and state, zip code), Alaska Native tribe (the name of the Alaska Native Tribe from 50 CFR 300.65(f)(2) that qualifies the fisher as eligible to fish for subsistence halibut), daytime telephone number, certification that he or she is a member of an “Alaska Native tribe” as that term is defined at § 300.61 of this part, and signature and date of signature.
            (3) The Administrator, Alaska Region, NMFS, or an authorized representative, may conduct periodic surveys of persons who hold valid subsistence halibut registration certificates to estimate the annual harvest of subsistence halibut and related catch and effort information.  For purposes of this paragraph, an authorized representative of NMFS may include employees of, or contract workers for, the State of Alaska or a Federal agency or an Alaska Native tribal government representative as may be prescribed by cooperative agreement with NMFS.  Responding to a subsistence halibut harvest survey will be voluntary, and may include providing information on:
            (i) The subsistence fisher's identity including his or her full name, date of birth, mailing address (number and street, city and state, zip code), community of residence, daytime phone number, and tribal identity (if appropriate);
            (ii) The subsistence halibut harvest including whether the participant fished for subsistence halibut during the year, and if so, the number and weight (in pounds) of halibut harvested, the type of gear and number of hooks usually used, the Commission regulatory area from which the halibut were harvested, and the number of ling cod and rockfish caught while subsistence fishing for halibut; and
            (iii) Any sport halibut harvest including whether the participant sport fished for halibut during the year and the number and weight (in pounds) of halibut harvested while sport fishing.

          5. Newly redesignated § 300.66 is revised to read as follows:

            § 300.66
            Prohibitions.
            In addition to the general prohibitions specified in 50 CFR 300.4, it is unlawful for any person to do any of the following:
            (a) Fish for halibut except in accordance with the annual management measures published pursuant to 50 CFR 300.62.
            (b) Fish for halibut except in accordance with the catch sharing plans and domestic management measures implemented under 50 CFR 300.63 and 50 CFR 300.65.
            (c) Fish for halibut in Sitka Sound in violation of the Sitka Sound LAMP implemented under 50 CFR 300.65(d).
            (d) Fish for halibut or anchor a vessel with halibut on board within the Sitka Pinnacles Marine Reserve defined at 50 CFR 300.65(e).
            (e) Fish for subsistence halibut in and off Alaska unless the person is qualified to do so under 50 CFR 300.65(f), and possess a valid subsistence halibut registration certificate pursuant to 50 CFR 300.65(h).
            (f) Fish for subsistence halibut in and off Alaska with gear other than that described at 50 CFR 300.65(g)(1) and retain more halibut than specified at 50 CFR 300.65(g)(2).
            (g) Fish for subsistence halibut in and off Alaska in a non-rural area specified at 50 CFR 300.65(g)(3).
            (h) Retain on board the harvesting vessel halibut harvested from subsistence fishing with halibut harvested from commercial fishing or from sport fishing, as defined at 50 CFR 300.61(b), except that persons who land their total annual harvest of halibut in Commission regulatory Area 4D or 4E may retain, with harvests of CDQ halibut, halibut harvested in Commission regulatory Areas 4D or 4E that are smaller than the size limit specified in the annual management measures published pursuant to 50 CFR 300.62.
            (i) Retain subsistence halibut that were harvested using a charter vessel.
            (j) Retain or possess subsistence halibut for commercial purposes, cause subsistence halibut to be sold, bartered or otherwise enter commerce or solicit exchange of subsistence halibut for commercial purposes, except that a person qualified to conduct subsistence fishing for halibut under 50 CFR 300.65(f), and who holds a subsistence halibut registration certificate in the person's name under 50 CFR 300.65(h), may engage in the customary trade of subsistence halibut through monetary exchange of no more than $400 per year.

            BILLING CODE 3510-22-S

              EP26AU02.000

              EP26AU02.001

              EP26AU02.002

              EP26AU02.003

              EP26AU02.004

            BILLING CODE 3510-22-C

            PART 600-MAGNUSON-STEVENS ACT PROVISIONS

          1. The authority citation for part 600 continues to read as follows:

            Authority:
            5 U.S.C 561 and 16 U.S.C. 1801 et seq.

          2. In § 600.725, table VII in paragraph (v) is revised to read as follows:

            VII North Pacific Management Council

              Fishery
              Authorized gear types

              * * *
              * * *

              7. Pacific Halibut Fishery (Non-FMP)

              A. Commercial (IFQ and CDQ)
              A. Hook and line

              B. Recreational
              B. Single line with no more than 2 hooks attached or spear

              C. Subsistence
              C. Setline gear and hand held gear of not more than 30 hooks, including longline, handline, rod and reel, spear, jigging and hand-troll gear.

              * * * * *
              * * * * *

            PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

          1. The authority citation for part 679 continues to read as follows:

            Authority:
            16 U.S.C. 773 et seq.; 1801 et seq.; and 3631 et seq.; Title II of Division C, Pub. L. 105-277; Sec. 3027, Pub. L. 106-31; 113 Stat. 57; 16 U.S.C. 1540(f); and Sec. 209 Pub. L. 106-554.

          2. In § 679.2, the definitions for “Commercial fishing,” and “IFQ halibut” are revised as follows:

            § 679.2
            Definitions.

              Commercial fishing means:
            (1) For purposes of the High Seas Salmon Fishery, fishing for fish for sale or barter; and
            (2) For purposes of the Pacific halibut fishery, fishing, the resulting catch of which either is, or is intended to be, sold or bartered but does not include subsistence fishing for halibut, as defined at 50 CFR 300.61.

              IFQ halibut means any halibut that is harvested with setline or other hook and line gear while commercial fishing in any IFQ regulatory area defined in this section.

      [FR Doc. 02-21456 Filed 8-23-02; 8:45 am]
      BILLING CODE 3510-22-S


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 73
        [DA 08-1404; MB Docket No. 06-11; RM-11304]
        Radio Broadcasting Services; Crowell, TX

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed rule; dismissal.

          SUMMARY:
          The Audio Division, at the request of LKCM Radio Licenses, LP, licensee of FM Station KFWR, Mineral Wells, Texas, and Fort Worth Media Group, GP, LLC, licensee of FM Station KYBE, Frederick, Oklahoma, together proponents of a petition for reconsideration and of a counterproposal, previously dismissed in the Report and Order in this proceeding, dismisses the petition for reconsideration and the counterproposal and terminates the proceeding.

          FOR FURTHER INFORMATION CONTACT:
          Deborah Dupont, Media Bureau, (202) 418-2180.

        SUPPLEMENTARY INFORMATION:
        This is a synopsis of the Commission's Memorandum Opinion and Order, MB Docket No. 06-11, adopted June 11, 2008, and released June 13, 2008. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC's Reference Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. The complete text of this decision also may be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC, 20554, (800) 378-3160, or via the company's Web site, http://www.bcpiweb.com. The Memorandum Opinion and Order is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this Report and Order to GAO, pursuant to the Congressional Review Act, see U.S.C. 801(a)(1)(A) because the proposed rule was dismissed.)

          List of Subjects in 47 CFR Part 73
          Radio, Radio broadcasting.

          Federal Communications Commission.
          John A. Karousos,
          Assistant Chief, Audio Division, Media Bureau.

       [FR Doc. E8-14646 Filed 6-27-08; 8:45 am]
      BILLING CODE 6712-01-P