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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

CFR Citation: 50 CFR Part 679

Docket ID: [Docket No. 030130026-3323-02; I.D. 121202B]

RIN ID: RIN 0648-AM30

NOTICE: RULES

ACTION: Fishery conservation and management:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Fisheries of the Exclusive Economic Zone off Alaska; Halibut Fisheries in U.S. Convention Waters Off Alaska; Management Measures to Reduce Seabird Incidental Take in the Hook-and-Line Halibut and Groundfish Fisheries

DATES: Effective February 12, 2004.

DOCUMENT SUMMARY: NMFS issues a final rule to revise regulations requiring seabird avoidance measures in the hookandline groundfish fisheries of the Bering Sea and Aleutian Islands management area (BSAI) and Gulf of Alaska (GOA) and in the Pacific halibut fishery in U.S. Convention waters off Alaska. This action is intended to improve the current requirements and further mitigate interactions with the shorttailed albatross (Phoebastria albatrus), an endangered species protected under the Endangered Species Act (ESA), and with other seabird species in hookandline fisheries in and off Alaska, and thus further the goals and objectives of the MagnusonStevens Fishery
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Conservation and Management Act (MagnusonStevens Act), the Northern Pacific Halibut Act of 1982 (Halibut Act), the Migratory Bird Treaty Act (MBTA), and the ESA.

SUMMARY: Alaska; fisheries of Exclusive Economic Zone—; Bering Sea and Aleutian Islands groundfish and Pacific halibut; seabird incidental take in hook-and-line fisheries,

SUPPLEMENTAL INFORMATION

The U.S. groundfish fisheries of the GOA and the BSAI in the exclusive economic zone (EEZ) are managed by NMFS under the Fishery Management Plan for Groundfish of the Gulf of Alaska and the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area (FMPs). The FMPs were prepared by the North Pacific Fishery Management Council (Council) under the authority of the MagnusonStevens Act (16 U.S.C. 1801 et seq.) and are implemented by regulations at 50 CFR part 679. General regulations that also pertain to U.S. fisheries appear at subpart H of 50 CFR part 600. The Halibut Act, 16 U.S.C. 773 et seq., authorizes the Council to develop, and NMFS to implement, halibut fishery regulations that are in addition to, and not in conflict with, regulations adopted by the International Pacific Halibut Commission (IPHC).

This action is intended to reduce the incidental take of seabirds in hookandline fisheries. The MagnusonStevens Act emphasizes the importance of reducing bycatch to maintain sustainable fisheries. Although seabirds are not included within the MagnusonStevens Act's ``bycatch'' definition, efforts to reduce the incidental take of seabirds in fisheries are consistent with the MagnusonStevens Act's objective to conserve and manage the marine environment. In addition, the NMFS' guidelines for implementing the MagnusonStevens Act's national standards for fishery conservation and management note that other applicable laws, such as the Marine Mammal Protection Act, the ESA, and the MBTA, require that Councils consider the impact of conservation and management measures on living marine resources other than fish; i.e. marine mammals and birds. Additionally, reducing the take of migratory birds is addressed in NMFS' National Bycatch Strategy (available at http://www.nmfs.noaa.gov/ bycatchimages/ FINALstrategy.pdf). The 1998 NMFS' report ``Managing the Nation's Bycatch'' and the NMFS' National Bycatch Strategy use a working definition of ``bycatch'' that is more expansive than the definition in the MagnusonStevens Act and includes the incidental take of seabirds as ``bycatch.'' That more expansive definition is used in this preamble.

Background

Awareness of seabird incidental take and incidental mortality in commercial fishing operations off Alaska has been heightened in recent years. Further information on this issue was provided in the preambles to the proposed and final rules implementing seabird avoidance measures in the GOA and BSAI hookandline groundfish fisheries (62 FR 10016, March 5, 1997, and 62 FR 23176, April 29, 1997) and in the Pacific halibut fishery off Alaska (62 FR 65635, December 15, 1997, and 63 FR 11161, March 6, 1998) and the EA/RIR/FRFAs prepared for those actions. Additional background information is available in the final report prepared and submitted to the Council and NMFS by the Washington Sea Grant Program (WSGP), Solutions to Seabird Bycatch in Alaska's Demersal Longline Fisheries (available at http://www.wsg.washington.edu/ pubs/ seabirds/ seabirdpaper.html). NMFS published the proposed rule for this action in the Federal Register on February 7, 2003 (68 FR 6386), which described the proposed regulatory amendment and invited comments from the public. NMFS received 11 letters containing 50 different comments on the proposed rule, which are summarized and responded to in the section Response to Public Comments of this document.

Incidental Seabird Mortality off Alaska

The NMFS North Pacific Groundfish Observer Program office has documented incidental take of seabird species in the GOA and BSAI groundfish fisheries since 1989. Since 2000, the seabird bycatch estimates have been incorporated into the seabird section of the Ecosystem Considerations chapter of the Council's annual Stock Assessment and Fishery Evaluation reports for the GOA and BSAI groundfish fisheries (SAFE). Estimates of the annual seabird incidental take for the Alaska groundfish fisheries, based on 1993 to 1999 observer data, were provided in the EA/RIR/IRFA prepared for the proposed rule. Approximately 15,700 seabirds were killed (taken) annually in the combined BSAI and GOA groundfish hookandline fisheries (14,500 in the BSAI and 1,200 in the GOA) at the average rates of 0.10 and 0.03 birds per 1,000 hooks in the BSAI and in the GOA, respectively. Approximately 60 percent of the 15,700 seabirds taken are northern fulmars (Fulmaris glacialis), the most abundant seabird species off Alaska. Based on 2000 to 2002 observer data, the average annual estimate of seabirds taken in the combined BSAI and GOA groundfish hookandline fisheries was 11,180 (10,672 in the BSAI and 507 in the GOA) at the average rates of 0.05 and 0.014 birds per 1,000 hooks in the BSAI and in the GOA, respectively. Since 2000 in the BSAI, the average annual estimate of the total number of seabirds caught has declined from about 18,000 birds to less than 4,000 in 2002 (corresponding bycatch rates declining from 0.09 birds/1,000 hooks to 0.018). Since 2000 in the GOA, the average annual estimate of the total number of seabirds caught has declined from about 750 birds to less than 300 in 2002 (corresponding bycatch rates declining from 0.02 birds/1,000 hooks to 0.007). With one exception, northern fulmars continue to comprise the vast majority of birds taken. The exception is that in 2002 in the BSAI, gull species comprised over 60 percent of the estimated seabird bycatch. Northern fulmars accounted for the 2nd largest species category that year, 18 percent of the total seabird bycatch.

The annual seabird bycatch estimates based on observer data from 1993 through 2002 exhibit extreme interannual variation, as did the take numbers and bird attack rates on baits in the WSGP study. The bycatch rate in 2002 may have decreased because fishermen are becoming more diligent and skilled using seabird avoidance measures, outreach efforts are successful, or the 19992000 WSGP research program's collaborative industry approach may have acted to change fishermen's behavior and improve the effective deployment of seabird avoidance measures. Many other factors, both anthropogenic and nonanthropogenic, may affect seabird hooking and entanglement in longline gear. These factors may include geographic location of fishing activity; time of day; season; type of fishing operation and gear used; bait type; condition of the bait; length of time
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baited hooks remain at or near the surface of the water; water and weather conditions; availability of food (including bait and offal); bird size; bird behavior (feeding and foraging strategies); bird abundance and distribution; physical condition of the bird, and the quality and correct deployment of seabird avoidance gear.

Council's Final Action

For a more detailed description of the Council's final action, based in part on WSGP research results and recommendations, see the preamble to the proposed rule (68 FR 6386, February 7, 2003). Summary of the Revised Final Seabird Avoidance Measures

For more detailed descriptions of the seabird avoidance requirements, see the preamble to the proposed rule (68 FR 6386, February 7, 2003). Seabird avoidance measures apply to the operators of vessels using hookandline gear for (1) Pacific halibut in the Individual Fishing Quota (IFQ) and Community Development Quota (CDQ) management programs (0 to 200 nautical miles (nm)), (2) IFQ sablefish in EEZ waters (3 to 200 nm) and waters of the State of Alaska (0 to 3 nm), except waters of Prince William Sound and areas in which sablefish fishing is managed under a State of Alaska limited entry program (Clarence Strait, Chatham Strait), and (3) groundfish (except IFQ sablefish) with hookandline gear in the U.S. EEZ waters off Alaska (3 to 200 nm).

Operators of all applicable vessels using hookandline gear are required to comply with the following bird line requirements (see Table 20):

For Applicable Vessels, Using HookandLine Gear Including Snap Gear, Operating in Inside Waters (NMFS Area 649, NMFS Area 659, and State Waters of Cook Inlet): (1) a minimum of 1 buoy bag line of a specified performance standard is required of vessels greater than 26 ft (7.9 m) length overall (LOA) and less than or equal to 55 ft (16.8 m) LOA that are without masts, poles, or rigging, (2) a minimum of one buoy bag line of a specified performance standard is required of vessels greater than 26 ft (7.9 m) LOA and less than or equal to 32 ft (9.8 m) LOA and with masts, poles, or rigging, (3) a minimum of one streamer line of a specified performance standard is required of vessels greater than 32 ft (9.8 m) LOA and less than or equal to 55 ft (16.8 m) LOA and with masts, poles, or rigging, and (4) a minimum of one streamer line of a specified performance standard is required of vessels greater than 55 ft (16.8 m) LOA.

For Applicable Vessels, Using Other than Snap Gear, and Operating in the EEZ (not including NMFS Area 659): (1) a minimum of one buoy bag line of a specified performance standard and one other specified device is required of vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA that are without masts, poles, or rigging, (2) a minimum of one streamer line of a specified performance standard and one other specified device is required of vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA and with masts, poles, or rigging, and (3) except for vessels using snap gear, a minimum of paired streamer lines of a specified performance standard is required of vessels greater than 55 ft (16.8 m) LOA.

For Operators of Vessels, Using Hookandline Gear Other than Snap Gear, Fishing for IFQ Halibut, CDQ Halibut, or IFQ Halibut in Waters Shoreward of the EEZ (except for IPHC Area 4E, see below): the same requirements included in the preceding paragraph apply.

For Applicable Vessels Using Snap Gear and Operating in the EEZ (not including NMFS Area 659): (1) a minimum of one buoy bag line of a specified performance standard and one other specified device is required of vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA and that are without masts, poles, or rigging, (2) a minimum of one streamer line of a specified performance standard and one other specified device is required of vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA and with masts, poles, or rigging, and (3) a minimum of one streamer line of a specified performance standard is required of vessels greater than or equal to 55 ft (16.8 m) LOA and with masts, poles, or rigging.

Other seabird avoidance devices and methods include weights added to groundline, a buoy bag line or streamer line of specified performance standards, and strategic offal discharge to distract birds away from the setting of baited hooks, that is, discharge fish, fish parts (i.e. offal) or spent bait to distract seabirds away from the main groundline while setting gear.

Gear Performance and Material Standards

To enhance the effectiveness and improve the enforcement of seabird avoidance measures, this rule specifies the gear performance and material standards for larger vessels (vessels greater than or equal to 55 ft (16.8 m) LOA). Voluntary guidelines for gear performance and material standards for smaller vessels (vessels greater than or equal to 26 ft (7.9m) and less than 55 ft (16.8 m) LOA) were provided in the preamble to the proposed rule (68 FR 6386, February 7, 2003). The only standard applied to seabird avoidance gear for smaller vessels in this rule is discussed in Weather Safety Factor.
Standards for Larger (Greater than 55 ft (16.8 m) LOA) Vessels

Paired Streamer Standard Larger vessels must deploy a minimum of two streamer lines while setting hookandline gear. Preferably, both streamer lines are deployed prior to the first hook being set. At least one streamer line must be deployed before the first hook is set and both streamers must be fully deployed within 90 seconds. Further, streamer lines must be deployed in such a way that streamers are in the air for a minimum of 131.2 ft (40 m) aft of the stern for vessels under 100 ft (30.5 m) and 196.9 ft (60 m) aft of the stern for vessels 100 ft (30.5 m) or over. For vessels deploying gear from the stern, the streamer lines must be deployed from the stern, one on each side of the main groundline. For vessels deploying gear from the side, the streamer lines must be deployed from the stern, one over the main groundline and the other on one side of the main groundline.

Materials Standard The following minimum streamer line specifications must be met: (1) length of 300 feet (91.4 m), (2) spacing of streamers every 16.4 ft (5 m), and (3) streamer material that is brightly colored, UVprotected plastic tubing or 3/8 inch polyester line or material of an equivalent density. An individual streamer must hang attached to the mainline to 0.25 m above the waterline in the absence of wind.

Snap Gear Streamer Standard For vessels using snap gear, a single streamer line [147.6 ft (45 m) length] must be deployed in such a way that streamers are in the air for 65.6 ft (20 m) aft of the stern and within 6.6 ft (2 m) horizontally of the point where the main groundline enters the water.

Single Streamer Standard A single streamer line must be deployed in such a way that streamers are in the air for a minimum of 131.2 ft (40 m) aft of the stern and within 6.6 ft (2 m) horizontally of the point where the main groundline enters the water.

Materials Standard The single streamer line materials standard is the same as the materials standard for paired streamer lines.

Offal Requirements The offal discharge regulation is amended to require that prior to offal discharge,
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embedded hooks are removed from offal.

Weather Safety Factor In winds exceeding 45 knots (storm or Beaufort 9 conditions), the deployment of streamer lines (either single or paired) or buoy bag lines is discretionary. For vessel operators required to use paired streamer lines, in winds exceeding 30 knots, but less then or equal to 45 knots (near gale or Beaufort 7 conditions), a single streamer must instead be deployed from the windward side of the vessel.
Exemption for Vessels 32 ft (9.8m) LOA or Less in State Waters of IPHC Area 4E

Operators of vessels less than 32 ft (9.8m) LOA using hookandline gear and fishing in state waters of IPHC Area 4E are exempt from using seabird avoidance measures.

Seabird Reporting Requirements

Regulations at Sec. 679.5(a)(7)(ix)(C)(3) currently require operators of catcher vessels or catcher/processor vessels using longline gear to report the bird avoidance gear deployed using gear codes at Table 19 to part 679. Because this rule revises the required seabird avoidance measures, the seabird avoidance codes at Table 19 to part 679 are revised to reflect these changes.

Seabird Avoidance Plan

A Seabird Avoidance Plan that is written and onboard the vessel must contain the following information: (1) Vessel name, (2) master's name, (3) type of bird avoidance measures utilized, (4) positions and responsibilities of crew for deploying, adjusting, and monitoring performance of deployed gear, (5) instructions and/or diagrams outlining the sequence of actions required to deploy and retrieve the gear to meet specified performance standards, and (5) procedures for strategic discharge of offal, if any. The Seabird Avoidance Plan is prepared and signed by the vessel operator. The vessel operator's signature indicates the operator has read the plan, reviewed it with the vessel crew, made it available to the crew, and instructed vessel crew to read it. The Seabird Avoidance Plan must be made available for inspection upon request by an authorized officer (USCG boarding officer, NMFS Enforcement Officer or other designated official) or an observer.

Seabird Data Collection by Observers

Operators of observed vessels are required to collect seabirds from the observersampled portions of hauls using hookandline gear or as requested by an observer during nonsampled portions of hauls. Applicability of Seabird Avoidance Regulations While Fishing for CDQ Halibut

Paragraphs Sec. 679.32(f)(2)(v) and Sec. 679.42(b)(2) require the use of seabird avoidance measures on all vessels of a specified length that are fishing in U.S. Convention waters off Alaska for Pacific halibut, whether the vessels are engaged in IFQ fisheries or CDQ fisheries.

Definitions at Sec. 679.2

Definitions are added at Sec. 679.2 for two previously undefined terms: ``snap gear'' (as a type of ``authorized fishing gear'') and ``seabird.

Redesignation of Paragraphs at Sec. 679.24(e)

Seabird avoidance requirements currently in Sec. 679.24 (e)(2)(i), (ii), and (iii) are redesignated as paragraphs (e)(2)(iv), (e)(2)(v)(A), and (e)(2)(vi), respectively.
Changes to the Seabird Avoidance Measures from the Proposed Rule

The notice of proposed rulemaking specified seabird avoidance requirements for operators of vessels fishing with hookandline gear in NMFS Reporting Areas 649, 659, or state waters of Cook Inlet and while fishing in the EEZ [see 68 FR 6394, columns 1 and 2 and Table 20 at 6398 (February 7, 2003)]. A comment received during the public comment period (see Comment 1) noted that it was not clear if the proposed regulations applied to vessels fishing in State waters. The commenter recalled that the Council's action specified that these vessels fishing in State waters for species other than halibut would be subject to regulations adopted by the Alaska Board of Fisheries (Board). The commenter is correct and the final rule is clarified to indicate that the requirements for operators of vessels fishing in the EEZ also apply to vessel operators fishing for IFQ halibut, CDQ halibut, and IFQ sablefish in waters shoreward of the EEZ. NMFS regulates IFQ and CDQ fishermen participating in each of these three fisheries in State waters (03 nm), including implementation of seabird avoidance requirements. These clarifications are made with a new paragraph at Sec. 679.24(e)(4)(iv), minor revisions at Sec. 679.24(e)(4)(ii) and (iii), revision of the title legend of Table 20, and the corresponding text changes to Table 20. Companion
clarifications are also made for the requirements in IPHC Area 4E.

The notice of proposed rulemaking specified seabird avoidance requirements for operators of vessels fishing with hookandline gear, other than snap gear, in NMFS Reporting Areas 649 and 659, or state waters of Cook Inlet and for operators of vessels that use snap gear [see 68 FR 6394, columns 1 and 2 and Table 20 at 6398 (February 7, 2003)]. A comment received during the public comment period (see Comment 2) noted that it was not clear whether the proposed regulation for vessels with snap gear and the corresponding language in Table 20 apply to vessels when fishing only in the EEZ or when fishing in any area, including inside state waters (NMFS Areas 649 and 659). The commenter noted that the Council's final action was that the requirements for inside waters apply to all hookandline gear types (i.e. including snap gear) and that the specific requirements for vessels using snap gear apply only when fishing in the EEZ. The commenter is correct. The Council's final action on seabird avoidance measures was that the requirements for inside waters would apply also to vessels using snap gear. The specific snap gear requirements were not intended to apply to vessels fishing in the inside waters. Changes from the proposed regulation at Sec. 679.24(e)(4)(i) and (iii) and in Table 20 are made in the final rule. Companion clarifications are also made for the requirements in IPHC Area 4E.

The notice of proposed rulemaking revised the bird avoidance codes in Table 19 to correspond to the proposed changes in seabird avoidance measures. See 68 FR 6396 and 6397, February 7, 2003. A comment addressed under Comment 13 noted that the regulations should more clearly specify that more than one device, and therefore more than one code, can be used at the same time. The commenter is correct that more than one device can be used at a time; therefore NMFS makes this clarification in the recordkeeping and reporting requirements at Sec. 679.5(c)(1)(xvii).

The notice of proposed rulemaking specified that operators of vessels required to carry one or more observers must provide assistance that would include collecting all seabirds that are incidentally taken on the observersampled portions of hauls using hookandline gear or as requested by an observer during nonsampled portions of hauls. See 68 FR 6395, February 7, 2003. When the notice of proposed rulemaking was drafted in 2002, the regulatory responsibilities for vessels carrying observers were codified at Sec. 679.50(f)(1). A final rule was published on December 6, 2002, 67 FR 75295, that extended the effective date of the existing regulations for the interim North Pacific Groundfish
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Observer Program (Observer Program) and also amended regulations governing the Observer Program. The amended regulations included a redesignation of paragraph Sec. 679.50 (f) to paragraph Sec. 679.50(g). This final rule reflects the correct designation for the paragraph in Sec. 679.50 on vessel responsibilities. The new paragraph (1)(viii)(F) of this section, which will require operators of vessels to provide assistance to observers in the form of collecting all seabirds that are incidentally taken on the observersampled portions of hauls using hookandline gear or as requested by an observer during nonsampled portions of hauls, will now be codified in paragraph (g) of this section.

The notice of proposed rulemaking specified that seabird avoidance measures would be required on all vessels of a specified length that are fishing in U.S. Convention waters off Alaska for Pacific halibut, whether the vessels are engaged in IFQ fisheries or CDQ fisheries. The proposed regulation for the halibut CDQ fisheries was designated at Sec. 679.32 (f)(2)(vi). See 68 FR 6395, February 7, 2003. When the notice of proposed rulemaking was drafted in 2002, the regulatory responsibilities for halibut CDQ vessel operations were codified at Sec. 679.32(f). A final rule was published on July 29, 2003, 68 FR 44473, that revised extensively certain requirements for the IFQ and CDQ programs for the Pacific halibut fishery and also amended regulations governing these programs. The amended regulations included redesignations of some of the subparagraphs of paragraph Sec. 679.32 (f)(2) to Sec. 679.4(e). This seabird final rule reflects the correct designation for the paragraph in Sec. 679.32(f) on halibut CDQ. A new paragraph (5) will be added to this section, and will require the CDQ group, and vessel owner or operator to comply with all of the seabird avoidance requirements at Sec. 679.42(b)(2).

Response to Public Comments

NMFS received 11 letters containing 50 different comments on the proposed seabird avoidance measures. The summarized comments and responses to them follow:

Comment 1: In general, the proposed rule reflects the intent of the Council's final action. However, clarification is needed to the proposed regulation specifying use of seabird avoidance measures in State waters. The proposed regulatory language at Part 679.24(e)(4)(i) and text in Table 20 implies that vessels fishing in State waters for species other than halibut are subject to the federal regulations, in essence preempting State regulations. The Council's action specified that these vessels would be subject to regulations adopted by the Alaska Board of Fisheries (Board). For example, if an operator were fishing hookandline gear for Pacific cod in NMFS Area 649 (Prince William Sound), an exact reading of the proposed rule would lead him/ her to believe that compliance with the federal regulations is required even if federal regulations conflicted with regulations adopted by the Board.

Response: The final rule will clarify the applicability of these seabird avoidance regulations to vessels fishing in State of Alaska waters. In particular, the title legend of Table 20 has been revised to indicate that the reader must refer to Sec. 679.24(e)(1) for applicable fisheries. Section 679.24(e)(1) indicates that the operator of a vessel that is longer than 26 ft (7.9 m) LOA fishing with hook andline gear must comply with the seabird avoidance requirements as specified in paragraphs (e)(2) through (e)(4) of this section while fishing for IFQ halibut or CDQ halibut, IFQ sablefish, and groundfish in the EEZ off Alaska. Further a new paragraph Sec. 679.24(e)(4)(iv) is added that clearly indicates what seabird avoidance measures must be used while fishing for IFQ halibut, CDQ halibut, or IFQ sablefish in waters shoreward of the EEZ. NMFS promulgates fishery regulations, including seabird avoidance requirements, for these three fisheries in State waters (03 nm). The State of Alaska will promulgate seabird avoidance regulations applicable to its groundfish fisheries in State waters. At its March 2002 meeting, the Board approved a proposal that will change state groundfish regulations to parallel these new Federal regulations governing seabird avoidance measure requirements for operators in hookandline fisheries.

Comment 2: It is unclear if the proposed regulation at Sec. 679.24(e)(4)(iii) for vessels with snap gear, and the corresponding language in Table 20, apply to vessels only when fishing in the EEZ, or when fishing in any area, including the inside state waters (NMFS Areas 649 and 659). The commenter's recollection of the final Council action was that the requirements for inside waters apply to all hookandline gear types (i.e. including snap gear), and the specific requirements for vessels using snap gear applies only when fishing in the EEZ. Clarification of how these two components interact would be helpful.

Response: The Council's final action intended that seabird avoidance measures would apply to vessels using snap gear in inside state waters as well. Consequently, the regulations at Sec. 679.24(e)(4) were revised from the proposed rule to clarify this point. The text in Table 20 has also been changed as a result.

Comment 3: The commenter believes that insufficient data have been collected to justify the extensive regulatory revisions based on individual vessel classes and fishing areas. Without adequate research to justify these revisions, the rules should impose a conservative management plan consistent for all vessels in all the fishing areas.

Response: The factors potentially affecting seabird hooking and entanglement on hookandline gear are numerous and complex. The solutions to reduce seabird/vessel interactions will reflect this complexity as well. Factors may include geographic location of fishing activity; time of day; season; type of fishing operation and gear used; bait type; condition of the bait; length of time baited hooks remain at or near the surface of the water; water and weather conditions; availability of food (including bait and offal); bird size; bird behavior (feeding and foraging strategies); bird abundance and distribution; and physical condition of the bird. When establishing effective requirements that reduce the potential for seabird interactions with gear and the associated mortality of seabirds, considering or accounting for any of these factors, to the extent possible and practicable is desirable. Based on information from the WSGP study, the Council's Science and Statistical Committee (SSC), several U.S. Fish &Wildlife Service (USFWS) marine bird surveys, and anecdotal information from the commercial longline fleet off Alaska, the seabird avoidance measures required of vessel operators reflect the area fished, vessel length, vessel type, and gear type. This base of knowledge is sufficient to modify the existing regulations. NMFS agrees that additional research may help elucidate the bird/vessel interaction, particularly for smaller vessels because most of the work thus far has been conducted on larger vessels. In general, research to date have focused work on locations of higher bird bycatch rates (BSAI) and on vessel types that appear to catch more birds (larger processing vessels). In response to the SSC's recommendation for additional studies on smaller vessels, WSGP researchers began work in the summer of 2002 with vessel owners to evaluate the need for mitigation devices as well as performance standards that could be achieved on these vessels that operate quite differently from larger vessels. [[Page 1935]]
Studies were conducted on vessels from 26 ft (7.9 m) to 55 ft (16.8 m) LOA, with and without superstructure (i.e. poles, masts, rigging). Results may lead to further revisions to seabird avoidance measures if warranted. NMFS believes the final rule implements a conservative management plan that accounts for the fleet diversity and differences between vessels types and geographic areas in likelihood of hooking and entangling seabirds.

Comment 4: Three commenters suggested that paired streamer lines should be used on more vessels than is proposed. One commenter believed they should be required on all vessels capable of conducting fishing operations with paired streamer lines deployed. This would mean that any vessel over 26 ft (7.9 m) LOA with masts or other rigging must deploy paired streamer lines. Another commenter suggested that all longline vessels over 35 ft (10.7 m) LOA should be required to use paired streamer lines while setting gear. If owners of vessels 35 (10.7 m) to 55 ft (16.8 m) LOA can document to a NMFS official that deployment of 2 streamer lines from their vessel is not practical, then other means, such as a single streamer line, other towed deterrent, and weighting the groundline to achieve a sink rate of 0.3 m per second, would be acceptable alternatives.

Response: Based on best available information, NMFS has determined that the new requirements will place paired streamer lines on those vessels that can safely and practicably use them in an effective manner to reduce bycatch of seabirds. Paired streamer lines will be required on vessels over 55 ft (16.8 m) LOA. In 2000 these vessels accounted for 98 percent, 67 percent, and 59 percent of the harvest by hookandline vessels in the BSAI groundfish, GOA groundfish, and halibut fisheries, respectively. Of the 1,006 vessels that harvested groundfish in either the BSAI or GOA in year 2000, 687 were smaller catcher vessels (26 (7.9 m) to 55 ft (16.8 m) LOA), 275 were vessels over 55 ft LOA and will be required to use paired streamer lines, and 44 vessels that also process their catch were all over 55 ft (16.8 m) LOA and will be required to use paired streamer lines. In the IFQ halibut fishery, 308 vessels were over 55 ft (16.8 m) LOA and will be required to use paired streamer lines. Smaller catcher vessels numbered 1,145 and these vessels will be required to use single streamer lines or similar devices. The higher bird bycatch rates in the BSAI compared to the GOA (0.05 birds/1,000 hooks vs 0.014 birds/1,000 hooks; 20002002 average annual rate) may reflect higher bycatch rates of larger processing vessels as compared to smaller vessels that do not process catch. One factor that contributes to birds getting hooked on hookandline gear is whether the vessel processes fish and discharges offal, an attractant to birds. Smaller vessels (i.e. the majority of vessels in the GOA and in the halibut fishery) often retain whole fish on ice for delivery to shoreside plants. In the absence of fish offal discharged around these vessels, fewer birds are attracted and thus fewer are vulnerable to getting hooked. Additionally, deploying paired streamer lines on smaller vessels with narrower beam widths is not practicable. Paired lines can become easily tangled and may pose safety hazards to the vessel and crew during the deployment of gear. These smaller vessels will be required to use single streamer lines in most instances. The WSGP study found that single streamer lines effectively reduced seabird bycatch by 71 to 96 percent compared to a control of no deterrent. Single streamer lines will be an adequate deterrent for use on these smaller vessels.

A system does not currently exist within NMFS to provide for individual vessel accountability whereby vessels could demonstrate if the deployment of paired streamer lines was practicable. Thus, such a system, as suggested by the commenter, is not feasible at this time. More importantly, NMFS does not believe such a system is necessary given that the final regulations are designed to effectively reduce seabird bycatch in the fleet component most responsible for seabird bycatch.

Comment 5: Vessels not required to use paired streamer lines should be required to use at least two bird deterrent methods and should operate at speeds slow enough to permit longlines to sink at a rapid rate and not extend far behind the vessel at or near the surface of the water.

Response: The use of multiple deterrent devices is one effective way to reduce gear interactions with seabirds. In those geographic areas where seabirds are more likely to be encountered (i.e. in the EEZ), NMFS will require vessels not required to use paired streamer lines to use a minimum of two methods or devices (single streamer line, buoy bag line, adding weights to groundline, or strategic offal discharge). NMFS agrees that deploying gear at slower speeds is an effective way to allow baited hooks to sink more quickly, thus becoming inaccessible to seabirds. Because the vessel speed used by a vessel operator will depend upon many other factors, including water and wind conditions, NMFS will not include this method as a required option. WSGP has produced an educational outreach video that has been widely distributed to Alaska fishermen. This video demonstrates that slowing the speed of the vessel during gear deployment can successfully sink gear more quickly, away from the reach of birds.

Comment 6: Three commenters suggested mandatory training for vessel crews or operators on the proper use and deployment of streamer lines. One of the commenters further suggested that the workshops could also cover seabird identification, use of other seabird deterrents, and to discuss any innovations in seabird avoidance in the industry. These workshops would be conducted annually by NMFS and USFWS and could be similar to the protected species workshops that have been conducted in Hawaii for the longline fleet since 1996.

Response: Over the past several years, NMFS has conducted or collaborated with groups conducting seminars, workshops, and industry meetings to provide outreach and training about the effective use and deployment of seabird deterrent devices, discuss new innovations in seabird avoidance, and cover seabird identification. These sessions have been well attended and beneficial to participants. Additionally, the WSGP, in collaboration with the USFWS, NMFS, and longline industry associations, has produced an informational outreach video that has been widely distributed to longline fishermen. Given the very large fleet of vessels deploying hookandline gear off Alaska (up to 2,000 vessels), NMFS is not able at this time to provide mandatory training workshops for vessel owners and their crew. Such mandatory workshops have worked in other areas, such as Hawaii, due to the much smaller fleet (several hundred vessels). NMFS is satisfied that the outreach and training program in the Alaska fleet is effective and NMFS will continue to provide for and be involved in future opportunities for outreach and training.

Comment 7: The manufacture of streamer lines should be strictly monitored to assure that only properly designed and constructed streamer lines are used by the fishing vessels.

Response: The vast majority of the streamer lines currently in use have been provided by a USFWS ``streamer line giveaway program.'' The Pacific States Marine Fisheries Commission (PSMFC) is responsible for constructing and distributing the streamer lines and it consulted with WSGP for construction standards. These lines, when properly [[Page 1936]]
deployed, meet the performance and material standards specified in the revised regulations. PSMFC has an ample supply of streamer lines in stock at port distribution sites throughout Alaska and in Seattle. This stock should be adequate to meet the immediate demand for streamer lines when the new requirements become effective. NMFS regulations specify the performance and material standards for the streamer lines. Streamer lines can be constructed from relatively inexpensive and readily available materials, thus increasing the practicability of streamer line construction and use by fishermen. NMFS does not regulate or control the manufacture of streamer lines, nor is this a necessary element for the effective use and deployment of streamer lines by fishermen. NMFS can more efficiently convey this type of information through its support of outreach materials such as the WSGP video on deterrent devices.

Comment 8: Three commenters have recommended that NMFS should require observer coverage on vessels fishing for halibut in order to monitor gear interactions with seabirds. One commenter suggested that due to concerns that additional gear mitigation studies may not be conducted rapidly enough for incorporation into management requirements and that the studies will not be adequate to address the entire problem, the regulations should also be expanded to cover the observer monitoring programs on the smaller vessels and the halibut fishery. The other commenter suggested that the coverage in the halibut fishery should be at least 80 percent of all vessels over 60 ft (18.3 m) LOA and perhaps 15 percent of vessels from over 26 ft (7.9 m) LOA to 60 ft (18.3 m) LOA. Currently there is no assessment of seabird bycatch in this fishery despite the U.S.'s National Plan of Action for Reducing the Incidental Catch of Seabirds in Longline Fisheries (NPOA) which requires an assessment of all such fisheries for seabird bycatch to be completed by February 2003. Additionally, the Biological Opinion issued by USFWS in 1999 included a conservation recommendation that all vessels over 60 ft (18.3 m) LOA carry observers for the purposes of monitoring seabird bycatch.

Response: NMFS is exploring additional options to monitor seabird mortality in the halibut and small boat fleets. Observer programs are subject to serious safety, logistical, funding, service delivery, and resource constraints. For example, observer costs range from $355 to over $2,000 per day, depending on program structure, size, area of operation, and other factors. Issues like these are not easy problems to solve, but NMFS has been making progress in two areas. NMFS has funded and supported research by the IPHC to evaluate alternative monitoring systems that rely on video technology rather than observers. NMFS and the IPHC are coordinating to have that report published and available in 2004. NMFS will coordinate with the IPHC and the USFWS in 2004 to discuss report recommendations and other options with regard to the Biological Opinion for the halibut fishery. The Council and NMFS are interested in expanding monitoring to groundfish vessels less than 60 ft (18.3 m) LOA for a variety of fishery management goals in addition to that of assessing seabird incidental take. Staff are coordinating with the Council to address potential options for Observer Program redesign that might provide coverage to these smaller vessels. These efforts continue as NMFS evaluates the costs and benefits of monitoring options and coverage levels, and addresses the constraints noted above. This work has not advanced far enough to evaluate the coverage levels recommended by the commenter, although the IPHC report does evaluate costs of alternate monitoring methods for two coverage levels. Any expansion of observer coverage requirements will require subsequent regulatory amendments.

The 1999 USFWS Biological Opinion conservation recommendations are discretionary agency activities. While observer coverage has not yet been implemented in these fisheries, NMFS did address this conservation recommendation as evident from the series of steps described above.

Comment 9: Three commenters recommended that NMFS report annually on seabird bycatch. The catch per unit effort (CPUE) should be listed by bird species for each boat with reference to boat size, numbers of hooks set, avoidance gear used, and by fishing area. Data when observers are aboard should be segregated to determine any variation in CPUE when observers are not aboard. One commenter suggested that NMFS should be required to report by March of every year on seabird bycatch and estimates derived from the bycatch data. The annual report should include: observed and estimated number of seabird interactions and seabird takes by species, the estimated take by fishing set type and rate of take per 1,000 hooks, an analysis of what deterrents are being used and their effectiveness in reducing seabird interactions, and details of observer coverage and the total number of observed hooks. The Biological Opinion issued by USFWS for the Hawaii pelagic longline fishery requires such an annual report; this should also be required for the Alaska fishery.

Response: NMFS notes that estimates of seabird bycatch have been reported annually for several years, although not at the level of detail described by the commenter. Annual seabird bycatch is estimated by year, gear type, and region (BSAI and GOA) and can be found in the seabird section of the Ecosystem Considerations chapter of the annual SAFE Report, found at http://www.afsc.noaa.gov/refm/reem. The initial draft of this annual report is usually available to the public in October, with the final report usually available in December. Although NMFS agrees providing bycatch estimates to the public in a timely manner is important, the databases needed for this work are finalized in February or later each year, precluding an earlier distribution. While the reports to date have not included the level of detail described by the commenter, NMFS agrees that improved reporting of seabird bycatch estimates is an important goal. Several technical and scientific reports that provide estimates of seabird bycatch for more precise time/area/fishery cells are being prepared. The authors will consider addressing the recommendations made above in these reports.

Due to various data confidentiality considerations, NMFS does not release specific data identified by vessel in a report such as that described by the commenter. Specific data may be released on a caseby case basis. Some vesselspecific data are available for release, as identified at Sec. 679.50(k), but seabird bycatch data are currently not included in that category. NMFS is using vesselspecific data to identify vessels that have incidental take higher than fleet averages, and hopes to work with individual owners and operators to reduce seabird bycatch on their vessels. Industrysponsored programs use vesselspecific data and this approach appears to be very effective in reducing seabird incidental take. Through broadscale analysis, vessel specific work, and continued coordination with industry, NMFS will be able to develop a measure of the effectiveness of the seabird avoidance measures. However, precise evaluations require experimental design and testing, as was conducted by the WSGP. The commenter also requested an analysis of vesselspecific or fleetwide CPUEs comparing when observers are onboard with when they are not. That type of analysis is not possible, because NMFS does not have CPUE data
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for vessels when no observer is on board.

NMFS acknowledges the requirement in the Biological Opinion for the Hawaiian longline fishery to provide annual reports of seabird incidental take, but notes such a requirement is not necessary for the North Pacific groundfish fisheries because these reports have been made available annually for several years. NMFS recognizes the importance of this information to stakeholders and plans to continue to provide these estimates and to produce reports with greater detail.

Comment 10: For the same reasons stated in comment 8, the commenter urges that the regulations be formally reviewed on a yearly basis and that the rules be revised as needed to enforce the proper and effective use of methodology to reduce bycatch until bird bycatch approaches zero.

Response: As new information becomes available on improvements that can be made to existing seabird bycatch reduction efforts, NMFS will consider this information and make appropriate recommendations for effective management. Seabird bycatch estimates are calculated annually and reported within the Council's SAFE reports for the Alaska groundfish fisheries. This provides a regular opportunity for the evaluation of bycatch estimates in the context of bycatch reduction efforts.

Comment 11: To address the inadequacy of the current state of knowledge on this seabird bycatch problem, the commenters urge that research to quantify the effectiveness of mitigation gear be continued; the research be expanded to determine the optimum gear deployment for small and midsized vessels; and that the development of fishing and avoidance gear that decreases bycatch but does not (or minimally) interfere with fishing efficiency be continued and funded at an adequate level to provide meaningful results within the next three years.

Response: Our knowledge and understanding of seabird incidental take has improved greatly in recent years. Research to quantify the effectiveness of mitigation gear should be continued. NMFS is using three general approaches concurrently to quantify mitigation effectiveness. First, NMFS will continue monitoring seabird incidental take in commercial fisheries. As the seabird avoidance measures are used correctly, we expect the total incidental take to be greatly reduced. Current data collection procedures will allow for a general assessment of that over time. Second, NMFS will assist in the transfer of knowledge about effective seabird gear deployment from vessels with low or zero bycatch to vessels that experience higher levels of bycatch. Finally, NMFS will continue support for dedicated research using the collaborative model that has proved so successful. NMFS is currently providing partial support to WSGP in its efforts to develop new weighted groundlines which sink the gear faster while reducing safety issues for crewmembers. NMFS also supports efforts conducted by small vessel operators to develop mitigation measures specific to their fishery. That work is coordinated through the University of Alaska Marine Advisory Program and funded primarily through the USFWS. See responses to Comments 19 and 45 for more detailed information about these various research initiatives.

Comment 12: It is imperative that government agencies and research institutions work at an accelerated pace to properly quantify the problems and the success of bird deterrent gear in all vessel classes and in all the fisheries.

Response: NMFS is coordinating efforts with the USFWS, WSGP, Alaska Sea Grant Program, the University of Washington, North Pacific Albatross Working Group, Alaska Seabird Working Group, various fishery associations, and individual fishermen and researchers to work on priority issues and to avoid duplication of projects. We also share and exchange information with our partners in the southern oceans, so that each can learn from one another's activities. Agency seabird specialists are working to identify possible funding sources and develop appropriate projects to quantify problems and develop solutions where problems are thought to be greatest, and where we can have the most positive effect.

Comment 13: Three commenters suggested that the bird avoidance codes that longline fishermen and observers record need to be clarified and made consistent with each other. Also, the regulations need to be clarified that more than one device, and therefore more than one code, can be used at the same time. One commenter suggested that including both the ``lining tube'' and the ``line shooter'' in the same code category renders those data unusable for examining the efficacy of either method.

Response: The bird avoidance codes used by fishermen for recording information in their logbooks are in Table 19 and are revised in this final rule to reflect the revised measures. Codes for vessel logbooks are established by the NMFS Alaska Region Office and codes used by observers are established by the Observer Program. Table 19 has been provided to the Observer Program so that of bird code information can be recorded consistently. NMFS agrees that multiple bird avoidance devices can be used at one time and that the regulations need to be clarified that more than one code can be recorded. This final rule revises the recordkeeping and reporting requirements accordingly. Mitigation methods are most effectively evaluated using rigorous scientific protocols in controlled experiments, such as that used in the WSGP research study. Data collected by observers on the type of mitigation device used will be of limited use in scientific evaluations of specific gear alternatives. The numerous other variables in a commercial fishing setting that can impact the probability of birds being hooked would confound an analysis using observer data on mitigation type. Table 19 focuses on seabird avoidance measures that are required. The lining tube and line shooter are not represented by separate codes because neither is a required measure.

Comment 14: Three commenters supported the use of the proposed Seabird Avoidance Plan. It was thought to be a useful tool for boat captains and/or managers to further develop or clarify their vessel's bird avoidance plan. It could also serve the purpose of reminding the crew about what they need to do. Is this plan submitted just once a year? This proposed collection of information is necessary and even critical to the goals of the agency to greatly reduce/eliminate seabird bycatch.

Response: The objective of the Seabird Avoidance Plan is to ensure that vessel operators are aware of the issue of seabird incidental take and have developed an effective plan for using the required measures on their vessels to avoid and reduce any seabird incidental take. The Seabird Avoidance Plan is kept onboard the vessel and must be made available for inspection upon request by an authorized officer or observer, thus it is not submitted or mailed to NMFS. The Seabird Avoidance Plan is to be current and thus should be revised or updated whenever any elements change.

Comment 15: A commenter expressed concern that increasing seabird mortality from longline fisheries is affecting the populations of albatross and other seabirds. Further, since the adoption of regulations in Alaska longline fisheries in 1997, about 88,000 seabirds were estimated to be taken. The commenter believes this is convincing information that the current regulations are ineffective.

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Response: Seabird bycatch in demersal groundfish fisheries off Alaska has declined 78.4 percent between 2000 and 2002. That decline could be due to numerous factors (see response to comment 3), including the voluntary implementation of the seabird avoidance measures described in this regulation by some fishery components beginning in 2001. These final regulations apply to demersal groundfish and halibut longline fisheries off Alaska. The measures delineated here are designed to reduce seabird bycatch in these fisheries. Additional research may provide the means to virtually eliminate seabird incidental take by these fisheries and greatly reduce or eliminate any seabird population decline that these fisheries may cause. Determining how current mortality levels may affect populations is difficult, given the lack of assessments for many of these species. NMFS is currently awaiting the results of a population status assessment being undertaken by USFWS for Laysan and blackfooted albatross. The relatively low take levels of these two species in the Alaska hookandline fisheries is not likely impacting these species at the population level. The population of the endangered shorttailed albatross is currently increasing at an annual rate of 7 to 8 percent, despite incidental takes which may occur.

The cumulative effects of all longline mortality on seabird populations in the North Pacific are not well understood. The fishery specific seabird bycatch estimates for fisheries operating in international waters and those of several nations' EEZs are not available. While we may greatly reduce the incidental take of albatross by implementing these measures in Alaskan demersal groundfish fisheries, efforts need to continue at the national and international levels as well. A recent paper published on potential cumulative effects of North Pacific pelagic longline fisheries on albatross populations illustrates the need for such cooperation (R.L. Lewison &L.B. Crowder, 2003, Estimating fishery bycatch and effects on a vulnerable seabird population. Ecological Applications 13:743753). NMFS has played a role in these efforts and will continue to do so.

Although seabird mortalities in demersal groundfish fisheries have not been eliminated, NMFS actions to reduce seabird bycatch off Alaska have reduced seabird mortality and brought this issue to the attention of all vessel owners, operators, and crew. The regulatory climate supported a truly collaborative approach among the fishing industry, academia and agencies and allowed vessel operators some flexibility to test a variety of measures on their own. Operators were able to provide guidance to WSGP to choose those measures for testing that were the most likely to be effective while also preserving the safety of the crew and maintaining catch levels of target species. The current regulatory revisions resulted from that process.

Comment 16: The NMFS seabird bycatch estimates are very conservative as many birds fall off the lines after drowning and are not counted. One study estimated that mortality can be underestimated by 30 percent to 95 percent. A recent report from a Hawaiian longline project documents at least 30 percent more mortality from albatross hooked but never retrieved.

Response: NMFS agrees that if hooked or entangled birds fall or drop off the hooks (referred to as ``dropoffs'') prior to the gear being retrieved onboard, then the estimates of seabird mortalities from pelagic or demersal longline gear would be conservative. However, the examples used to suggest the degree to which this might occur for demersal longline gear are inappropriate. Dropoffs may occur while the gear is being deployed, while the gear is fishing, or during gear retrieval. While the degree to which dropoffs occur at any of these stages is unknown, dropoffs are most likely to occur when the gear has reached the surface and is being pulled out of the water. At that point the seabird carcass becomes heavy (no longer positive or neutrally buoyant) and is most likely, relative to other dropoff conditions, to tear off of the hook before being brought onboard. Using studies from other areas, fisheries, or gear types to develop an estimator for drop offs in the North Pacific demersal longline fishery is inappropriate given differences in gear, monitoring protocol, predatory species, and/ or seabird species. We are aware of one study from the southern oceans, that reported birds were undersampled by onboard observers by up to 95 percent due to dropoffs (R. Gales, N. Brothers, and T. Reid, 1998. Seabird mortality in the Japanese tuna longline fishery around Australia, 19881995. Biological Conservation 86:3756). However, these dropoffs occurred at the surface alongside the vessel. Because of the way observers were tasked in that particular fishery, they only counted those seabirds that were brought onboard the vessel. North Pacific groundfish observers spend sampling time directly monitoring the gear as it is being retrieved, and count all catch and bycatch regardless of whether it drops off the gear near the surface, is removed from the gear by the crew outboard of the vessel, or is brought onboard. Thus, the report of underestimated mortality from the report noted above cannot be extrapolated to the groundfish longline fishery. As noted earlier, assuming that the conditions causing dropoffs in a pelagic longline fishery for tuna off Hawaii are the same as those that may operate in a demersal longline fishery for groundfish off Alaska is not appropriate. NMFS is interested in accounting for unmonitored dropoff on demersal gear and is exploring the feasibility and options for conducting field research to explore this issue. Meanwhile, annual seabird bycatch estimates, viewed over several years, are an important index of bycatch levels and the effectiveness of seabird avoidance measures.

Comment 17: Under the current regulations, seabird mortality is up considerably in Alaska. During the 3year period (19931996) before any regulations, an average of 14,527 seabirds were killed. From 19972001, an average 17,513 seabirds were killed in the Alaska groundfish fisheries.

Response: Many factors, both anthropogenic and nonanthropogenic, may affect seabird hooking and entanglement in longline gear. These factors may include geographic location of fishing activity; time of day; season; type of fishing operation and gear used; bait type; condition of the bait; length of time baited hooks remain at or near the surface of the water; water and weather conditions; availability of food (including bait and offal); bird size; bird behavior (feeding and foraging strategies); bird abundance and distribution; physical condition of the bird, and then of course the quality and correct deployment of seabird avoidance gear. These various factors are complex and very likely contribute to the extreme interannual variation in seabird bycatch estimates. Since 2000 in the BSAI, the average annual estimate of the total number of seabirds caught has declined from about 18,000 to less than 4,000 (78 percent reduction). Since 1998 in the GOA, the average annual estimate of the total number of seabirds caught has declined from about 1,500 to less than 300 (80 percent reduction). Although changes in bycatch from one year to the next are not necessarily a reflection of the successes or failures of the longline fleet to reduce bycatch, addressing the quality and performance standards of seabird avoidance gear is one direct method to affect change in the bycatch levels and rates.

Comment 18: Despite the conclusiveness of the WSGP study on the effectiveness of paired streamer
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lines, the Council delayed its final action in October 2001 to accommodate fishermen that objected to the use of paired lines on their smaller vessels. The Council then adopted a proposal, approved by NMFS, that would exempt over 95 percent of all Alaska longline vessels from required use of paired streamer lines.

Response: The Council infrequently takes both initial and final action at a single meeting, particularly on an item which generates public comment and testimony. WSGP presented the results of its study to the Advisory Panel (AP), SSC, and the Council in October, public testimony on both the study and the draft EA/RIR/IRFA occurred in October, and the Council then commented on the draft EA/RIR/IRFA and took its initial action. Final action by the Council occurred at its next meeting in December. See the response to Comment 4. Paired streamer lines will be required on vessels over 55 ft (16.8 m) LOA and in 2000 these vessels accounted for 98 percent, 67 percent, and 58 percent of the harvest by hookandline vessels in the BSAI groundfish, GOA groundfish, and halibut fisheries, respectively. The BSAI groundfish fishery accounts for 85 percent of the combined BSAI and GOA hook effort (228 million hooks estimated). The remaining vessels that are over 26 ft (7.9 m) LOA and up to 55 ft (16.8 m) LOA, will be required to use single streamer lines in most instances. The WSGP study found that single streamer lines effectively reduced seabird bycatch by 71 to 96 percent compared to a control of no deterrent. Single streamer lines will be an adequate deterrent for use on these smaller vessels.

Comment 19: NMFS contends that since the WSGP study was conducted on vessels over 60 ft (18.3 m) LOA that its findings may not be applicable to smaller vessels. No evidence exists that paired streamer lines should not be applicable to vessels from 35 ft (10.7 m) to 60 ft (18.3 m) LOA. The USFWS has been funding and distributing free paired streamer lines to Alaska longliners and 42 percent of the free lines have been given to vessel owners with vessels under 55 ft (16.8 m) LOA.

Response: In the summer of 2002, the WSGP conducted a series of workshops at Alaska ports (Kodiak, Sitka, Cordova, Petersburg) on seabird avoidance for commercial longliners. WSGP staff who conducted the twoyear study on larger longliners conducted these workshops and interviewed vessel skippers to ascertain what seabird avoidance measures could be deployed effectively and safely from these smaller vessels. Onboard trials were conducted in Sitka, Cordova, and Petersburg. Paired streamer lines could not be effectively deployed from these narrowbeamed vessels. Many did not have the superstructure or rigging from which to suspend the paired streamer lines. Vessel skippers reported that the paired lines tangled. Techniques for deploying single streamer lines are illustrated in the WSGP educational video that has been distributed to Alaska hookandline fishermen. Evidence from these WSGP port workshops as well as from vessel skippers indicates that these smaller vessels cannot effectively and safely deploy paired streamer lines. In addition to these port workshops, the WSGP, in collaboration with USFWS, has initiated a multiyear study to collect data on seabird abundance in proximity to fishing vessels, particularly in inside and nearshore waters. With the assistance of IPHC, the Alaska Department of Fish &Game (ADF&G), and NMFS, the WSGP is collecting these data from existing vessel platforms, the annual stock assessment longline surveys. Bird distribution and abundance information from these surveys may provide a clearer picture of the probability of vessels interacting with birds while fishing in these nearshore and inside waters. Preliminary information from both of these efforts by WSGP, the port workshops and bird surveys, will be available in 2004.

In 2000, the USFWS initiated a program to fund and distribute free streamer lines to Alaska longline fishermen. Each fisherman who applies receives 2 buckets, each containing a streamer line that meets the material standards being set forth in these final regulations. When skippers from smaller vessels were asked about their use of these paired streamer lines, they all indicated that they only deployed a single line and kept the second one onboard as a spare in the event of breakage or tangling.

Comment 20: The commenter believes that there should be a strong focus on many more vessels using paired streamer lines, including vessels fishing in the GOA, since they take many of the albatross killed. The GOA longline fishery accounts for on average (19931999) 93 percent of the blackfooted albatross killed and 36 percent of the Laysan albatross killed. In 2000 and 2001, 20 blackfooted albatross were taken and 160 Laysan albatross were taken in the GOA. That equates to 93 percent of all blackfooted albatross killed in 20002001 being killed i

FOR FURTHER INFORMATION CONTACT Kim S. Rivera, (907) 586-7424, or Kim.Rivera@noaa.gov.