[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Proposed Rules]
[Pages 71729-71739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28443]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 140724618-4618-01]
RIN 0648-BE41
Pacific Halibut Fisheries; Revisions to Charter Halibut Fisheries
Management in Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations that would revise Federal
regulations regarding sport fishing guide services for Pacific halibut
in International Pacific Halibut Commission Regulatory Areas 2C
(Southeast Alaska) and 3A (Central Gulf of Alaska). The proposed
regulations would remove the requirement that a guided sport (charter)
vessel guide be on board the same vessel as a charter vessel angler to
provide sport fishing guide services. This proposed rule would clarify
that all sport fishing for halibut in which anglers receive assistance
from a compensated guide would be managed under charter fishery
regulations, and all harvest would accrue toward charter allocations.
This proposed rule would align Federal regulations with State of Alaska
regulations. Additional minor changes to the regulatory text pertaining
to the charter halibut fishery would be required to maintain
consistency in the regulations with these new definitions. This action
is necessary to achieve the halibut fishery management goals of the
North Pacific Fishery Management Council.
DATES: Comments must be received no later than January 2, 2015.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0097,
by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0097, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau,
AK 99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on http://www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
N/A in the required fields if you wish to remain anonymous).
Attachments to electronic comments will be accepted in Microsoft Word
or Excel or Adobe PDF file formats only.
Electronic copies of the Categorical Exclusion and the Regulatory
Impact Review/Initial Regulatory Flexibility Analysis (RIR/IRFA)
prepared for this action are available from http://www.regulations.gov
or from the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
rule may be submitted to NMFS at the above address and by email to
[email protected] or fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Julie Scheurer, 907-586-7228.
SUPPLEMENTARY INFORMATION: The International Pacific Halibut Commission
(IPHC) and NMFS manage fishing for Pacific halibut (Hippoglossus
stenolepis) through regulations established under authority of the
Northern Pacific Halibut Act of 1982 (Halibut Act). The IPHC adopts
regulations governing the Pacific halibut fishery under the Convention
between the United States and Canada for the Preservation of the
Halibut Fishery of the North Pacific Ocean and Bering Sea (Convention),
signed at Ottawa, Ontario, on March 2, 1953, as amended by a Protocol
Amending the Convention (signed at Washington, DC, on March 29, 1979).
For the United States, regulations developed by the IPHC are subject to
acceptance by the Secretary of State with concurrence from the
Secretary of Commerce. After acceptance by the Secretary of State and
the Secretary of Commerce, NMFS publishes the IPHC regulations in the
Federal Register as annual management measures pursuant to 50 CFR
300.62. The final rule implementing IPHC regulations for the 2014
fishing season was published March 12, 2014 (79 FR 13906). IPHC
regulations affecting sport fishing for halibut and vessels in the
charter fishery in Areas 2C and 3A may be found in sections 3, 25, and
28 of that final rule.
The Halibut Act, at sections 773c(a) and (b), provides the
Secretary of Commerce with general responsibility to carry out the
Convention and the Halibut Act. In adopting regulations that may be
necessary to carry out the purposes and objectives of the Convention
and the Halibut Act, the Secretary of Commerce is directed to consult
with the Secretary of the department in which the U.S. Coast Guard is
operating, currently the Department of Homeland Security.
The Halibut Act, at section 773c(c), also provides the North
Pacific Fishery Management Council (Council) with authority to develop
regulations, including limited access regulations, that are in addition
to, and not in conflict with, approved IPHC regulations. Regulations
developed by the Council may be implemented by NMFS only after approval
by the Secretary of Commerce. The Council has exercised this authority
in the development of subsistence halibut fishery management measures,
and sport halibut fishery management measures in waters in and off
Alaska, codified at 50 CFR 300.61, 300.65, 300.66, and 300.67. The
Council also developed the Individual Fishing Quota Program for the
commercial halibut fishery, codified at 50 CFR part 679, under the
authority of section 773 of the Halibut Act and section 303(b) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
Background
The proposed rule would align Federal regulations for charter
halibut fishing with State of Alaska regulations for sport fishing to
clarify the Council's and NMFS' intent for management of charter
halibut fisheries in Areas 2C and 3A off Alaska. The proposed
regulatory clarifications also would facilitate enforcement and clarify
recordkeeping and reporting requirements for the charter halibut
fishery. The proposed rule would not revise regulations for unguided
sport halibut fishing in Alaska found in sections 3, 25, and 28 of the
IPHC annual management measures (March 12, 2014, 79 FR 13906). The
following sections of this preamble provide (1) a description of the
halibut
[[Page 71730]]
fisheries; (2) the need for the proposed rule; and (3) the proposed
rule.
Description of Halibut Fisheries
The harvest of halibut in Alaska occurs in three fisheries--the
commercial, sport, and subsistence fisheries. The commercial halibut
fishery is a fixed gear fishery managed under the Halibut Individual
Fishing Quota Program. The sport fishery includes guided and unguided
anglers. Guided anglers are commonly called ``charter'' anglers because
they fish from chartered vessels. The subsistence fishery allows rural
residents and members of certain Alaska Native tribes to retain halibut
for personal use or customary trade. The Council and NMFS have
developed specific management policies and programs for each halibut
fishery based on participation and harvest in those fisheries.
Sport fishing activities for Pacific halibut in Areas 2C and 3A are
subject to different regulations, depending on whether those activities
are guided or unguided. Guided sport fishing for halibut is subject to
charter restrictions under Federal regulations. These regulations apply
if a charter vessel guide is on board the vessel with the charter
vessel angler and is providing ``sport fishing guide services'' during
the fishing trip. The term ``sport fishing guide services'' is defined
in Federal regulations at Sec. 300.61 as ``assistance, for
compensation, to a person who is sport fishing, to take or attempt to
take fish by being on board a vessel with such person during any part
of a charter vessel fishing trip. Sport fishing guide services do not
include services provided by a crew member.'' Unguided anglers
typically use their own vessels and equipment, or they may rent a
vessel and fish with no assistance from a guide.
The Council and NMFS developed specific management programs for the
charter halibut fishery to achieve allocation and conservation
objectives for the halibut fisheries. These management programs are
also intended to maintain stability and economic viability in the
charter fishery by establishing (1) limits on the number of
participants, (2) allocations of halibut that vary with abundance, and
(3) a process for determining charter angler harvest restrictions to
limit charter fishery harvest to the established allocations. The
charter halibut fisheries in Areas 2C and 3A are managed under the
Charter Halibut Limited Access Program (CHLAP) and the Catch Sharing
Plan (CSP). The CHLAP limits the number of operators in the charter
fishery, while the CSP establishes annual allocations to the charter
and commercial fisheries and describes a process for determining annual
management measures to limit charter harvest to the allocations in each
management area. The CHLAP and the CSP are briefly summarized in the
following sections. Section 1.3 of the RIR/IRFA prepared for this
action provides additional detail on the charter halibut management
programs that have been implemented in Areas 2C and 3A.
Description of Charter Halibut Limited Access Program
The CHLAP was adopted by the Council and implemented by NMFS in
January 2010 (75 FR 554, January 5, 2010). The CHLAP established
Federal charter halibut permits (CHPs) for operators in the charter
halibut fishery in Areas 2C and 3A. Since 2011, all vessel operators in
Areas 2C and 3A with charter anglers on board must have an original,
valid permit on board during every charter vessel fishing trip on which
Pacific halibut are caught and retained. CHPs are endorsed for the
appropriate regulatory area and the number of anglers that may catch
and retain halibut on a charter vessel fishing trip.
NMFS implemented the CHLAP, based on recommendations by the
Council, to meet allocation objectives in the charter halibut fishery.
This program provides stability in the fishery by limiting the number
of charter vessels that may participate in Areas 2C and 3A. Vessel
operators had to meet minimum participation requirements to receive an
initial issuance of a CHP. Complete regulations for the CHLAP are
published at Sec. Sec. 300.65, 300.66, and 300.67. Additional details
on the development and rationale for the CHLAP can be found in the
final rule implementing the program and are not repeated here (75 FR
554, January 5, 2010).
Description of the Catch Sharing Plan and Limits on Charter Anglers
The CSP was adopted by the Council and implemented by NMFS in
January 2014 (78 FR 75844, December 12, 2013). The CSP replaced the
Guideline Harvest Level program that was in place from 2004 through
2013 (68 FR 47256, August 8, 2003) as the method for setting pre-season
specifications of acceptable annual harvests in the charter fisheries
in Areas 2C and 3A. The CSP defines an annual process for allocating
halibut between the charter and commercial halibut fisheries in Areas
2C and 3A. The CSP establishes sector allocations that vary
proportionally with changing levels of annual halibut abundance and
that balance the differing needs of the charter and commercial halibut
fisheries over a wide range of halibut abundance in each area. The CSP
describes a public process by which the Council develops
recommendations to the IPHC for charter angler harvest restrictions
that are intended to limit harvest to the annual charter halibut
fishery catch limit in each area. The CSP also authorizes limited
annual leases of commercial individual fishing quota for use in the
charter fishery as guided angler fish (GAF). GAF authorizes individual
charter operators in Area 2C and Area 3A to offer anglers the
opportunity to retain additional halibut when charter vessel anglers
are subject to a more restrictive daily harvest limit than unguided
sport anglers in the same area. Charter vessel anglers have been
subject to a more restrictive daily harvest limit than unguided sport
anglers since 2007 in Area 2C. In 2014, charter vessel anglers in Area
3A were also managed under more restrictive harvest limits for the
first time. Additional detail on the development and rationale for the
CSP can be found in the final rule implementing the program and is not
repeated here (78 FR 75844, December 12, 2013).
IPHC Annual Management Measures
Each year, through a transparent public process, the Council
reviews and recommends annual management measures for implementation in
the Area 2C and Area 3A charter halibut fishery. Each fall, the Council
reviews an analysis of potential charter management measures for the
charter halibut fisheries for the upcoming fishing year. The Council
considers stakeholder input and the most current information regarding
the charter fishery and its management. After reviewing the analysis
and considering public testimony, the Council identifies the charter
halibut management measures to recommend to the IPHC that will most
likely constrain charter halibut harvest for each area to its catch
limit, while considering impacts on charter operations. The IPHC
considers the Council recommendations, along with the analyses on which
those recommendations were based, and input from its stakeholders and
staff. The IPHC then adopts charter halibut management measures
designed to keep charter harvest in Area 2C and Area 3A to the catch
limits specified under the CSP. Once accepted by the Secretary of State
with the concurrence of the Secretary of Commerce, NMFS publishes in
the Federal Register the
[[Page 71731]]
charter halibut management measures for each area as part of the IPHC
annual management measures (79 FR 13906, March 12, 2014).
Catch Monitoring and Estimation in the Sport Halibut Fisheries
The Alaska Department of Fish and Game (ADF&G) Saltwater Charter
Logbook (hereafter, logbook) is the primary reporting requirement for
operators in the charter fisheries for all species harvested in
saltwater in Areas 2C and 3A. ADF&G developed the logbook program in
1998 to provide information on participation and harvest by individual
vessels and businesses in charter fisheries for halibut as well as
other state-managed species. Logbook data are compiled to show where
fishing occurs, the extent of participation, and the species and the
numbers of fish caught and retained by individual charter anglers. This
information is essential to estimate harvest for regulation and
management of the charter halibut fisheries in Areas 2C and 3A. ADF&G
collects logbook information from charter vessel guides on halibut
harvested by charter vessel anglers to accommodate the information
requirements for implementing and enforcing Federal charter halibut
fishing regulations, such as the Area 2C one-halibut per day bag limit
and the CHLAP.
ADF&G uses the Statewide Harvest Survey (SWHS) to estimate halibut
harvests in the unguided sport halibut fishery. The SWHS is a mail
survey of households containing at least one licensed angler. Survey
respondents are asked to report the numbers of fish caught and kept by
all members of the entire household, and the data are expanded to cover
all households.
Description of ``Guide Assisted'' Sport Fishing Services
In April 2012, the Council received a report from NOAA's Office of
Law Enforcement describing ``guide-assisted'' sport fishing services
for halibut observed in Area 2C that are not subject to the Federal
charter halibut fishery regulations. NOAA's Office of Law Enforcement
staff first observed guide-assisted sport fishing services for halibut
during 2011, the first year of CHLAP implementation. The report noted
that a few companies offer guide-assisted sport fishing services in
which guides provide assistance to halibut anglers, likely for
compensation, from adjacent vessels or shore. A person providing
assistance to an angler during a fishing trip, and who is not on board
the vessel with the anglers, is not providing sport fishing guide
services under the current Federal definition. As a result, persons
providing guide-assisted sport fishing services are not required to
have CHPs, and guide-assisted anglers are not subject to Federal
regulations that limit guided anglers. Guide-assisted anglers are able
to retain halibut under the more liberal bag and size limits in place
for unguided anglers, while still receiving assistance during the
fishing trip from a guide on a nearby, sometimes tethered, vessel, or
from shore. Additionally, Federal regulations do not require halibut
harvested by guide-assisted anglers to be recorded in the logbook.
In contrast to Federal regulations, State of Alaska (State)
regulations do not require a guide to be on board the same vessel as
the angler for the trip to be considered guided fishing (Alaska Statute
Sec. 16.40.299). If sport fishing guide services (as defined by the
State) are provided to the angler during any portion of a sport fishing
trip, the State considers those harvests as charter removals and
requires harvests to be recorded in the logbook.
ADF&G examined logbook data from Area 2C in an effort to quantify
the practice of guiding from a separate vessel or the shore during the
period 2009 through 2012. This practice was identified by looking for
instances of the harvest of two halibut per charter vessel angler per
day in Area 2C as reported in the logbook. ADF&G's methods for
quantifying this practice are explained in detail in Section 1.3.6.1.3
of the RIR/IRFA. A minimum of one to three businesses are estimated to
have routinely hosted clients that exceeded the one-fish bag limit for
charter anglers, suggesting they were offering guide-assisted sport
fishing services between 2009 and 2013 in Area 2C that did not meet the
Federal definition of sport fishing guide services. This practice may
be more widespread than the analysis indicates because Federal
regulations do not require a guide to complete a logbook for persons
using guide-assisted sport fishing services. Logbook data regarding the
numbers of retained halibut could not be used to identify businesses
that may be offering guide-assisted sport fishing services in Area 3A
because bag limits were identical for guided and unguided anglers until
2014. Instead, ADF&G attempted to identify such businesses by looking
for businesses without CHPs that routinely had client harvest of
halibut.
Need for Action
The Council recommended, and NMFS proposes, this rule to manage
guide-assisted sport fishing services for halibut under the CHLAP and
the CSP. The following describes the rationale for this action. The
Council made its recommendation because it considers guide-assisted
sport fishing services for halibut to be a de facto form of guided or
charter fishing, although this method is currently considered unguided
fishing under Federal regulations. A guide who is not on the same
vessel with an angler and who provides assistance for compensation to
an angler meets the definition of guided fishing in all ways except for
the requirement to be on board the same vessel. For example, the guide
may still accompany the anglers from a separate vessel, lead them to
the fishing location, instruct them in how to bait hooks and reel in
the fish, etc. They may even assist in landing and filleting the
halibut from a separate vessel, yet under the current Federal
definition, these behaviors are not technically considered guiding. In
contrast, the State of Alaska definition does not require the guide to
be on board the same vessel as the angler to provide sport fishing
guide services. The Council considered the State definition in making
its recommendation for a change to the Federal definition. The Council
was also concerned that guide-assisted sport fishing services may
increase if no action is taken to define these fishing activities as
charter fishing. This increase could occur because halibut harvest
limits are more restrictive for charter vessel anglers than for
unguided anglers, particularly in Area 2C. This discrepancy may provide
an incentive for charter operators to modify their services to operate
as guide-assisted sport fishing services to allow their anglers to fish
under the more liberal size and bag limits in place for unguided
anglers. Alternatively, it may serve as an incentive for new entrants
to provide guide-assisted sport fishing services.
The Council also recommended clarifying that guide-assisted halibut
harvests should accrue to the charter sector allocation under the CSP.
The Council recognized that under the current Federal definition,
halibut harvests by guide-assisted sport fishing services would not be
considered guided. Thus, those harvests may currently be counted as
unguided harvest instead of charter harvest in the SWHS, or not
reported in the logbook. The Council reviewed information suggesting
that a relatively small amount of halibut harvested by guide-assisted
sport fishing services may be counted as unguided harvest (see Section
1.3.5.2 of the RIR/IRFA).
[[Page 71732]]
However, the Council recommended requiring that all guide-assisted
halibut harvests be recorded in the logbook, and that harvest accrue to
the charter allocation under the CSP, to prevent a potential increase
in the amount of guide-assisted halibut harvest counted as unguided
harvest. The following discussion provides additional detail on the
accounting for halibut harvested by guide-assisted sport fishing
services.
Under the status quo, there is potential for inconsistencies and
misreporting of guide-assisted halibut harvests. As described in the
``Catch Monitoring and Estimation in the Sport Halibut Fisheries''
section of this preamble, charter and unguided sport halibut harvests
are estimated using different methods. Under the CSP, charter harvests
are estimated using logbooks, and all charter harvests must be recorded
in the logbook. Unguided harvests are estimated using the SWHS. Guides
who are providing guide-assisted sport fishing services for species
other than halibut (under the State's definition) are required to
complete logbooks for those State-managed species. Guides may also
record halibut harvests occurring during these fishing trips in the
logbook, even though it is not considered charter halibut harvest under
current Federal regulations. In these instances, the harvest would be
included in the charter halibut fishery harvest estimate and accrue
toward the CSP catch limit for the charter halibut fishery. Likewise,
anglers may be confused when responding to the SWHS as to whether they
were halibut fishing with or without a charter vessel guide. Anglers
can report halibut harvested on a guide-assisted sport fishing trip in
the SWHS as either guided or unguided. This proposed rule would clarify
logbook reporting requirements and improve harvest estimates by
aligning the Federal and State definitions of sport fishing guide
services so that halibut harvested by an angler who receives
compensated assistance would be required to be recorded in the logbook,
whether or not the person providing the assistance is physically
present on board the vessel or not.
Despite the potential for reporting charter halibut harvests as
unguided harvest, and vice versa, the Council did not identify a
conservation concern with regard to sport halibut harvest accounting
because all halibut harvests are being estimated based on information
submitted in the logbooks and SWHS. See Section 1.3.6.1.3 of the RIR/
IRFA prepared for this action for additional details on the anticipated
impacts of the proposed rule on sport halibut harvest estimates and
fishery reporting requirements.
Proposed Rule
The Council initiated analysis of the proposed action in February
2013. In June 2013, the Council reviewed the analysis and clarified its
recommended options for revising Federal halibut sport fishing
regulations to be consistent with its intent for guide-assisted sport
fishing services to be managed under the CHLAP and the CSP. In February
2014, the Council recommended aligning Federal regulations regarding
sport fishing guide services for Pacific halibut with State regulations
by removing the requirement that the charter vessel guide be on board
the same vessel as the charter vessel angler. The Council recognized
that NMFS would propose additional regulations necessary to implement
the Council's recommendation. The Council's recommendation is available
at http://legistar2.granicus.com/npfmc/meetings/2014/2/876_A_North_Pacific_Council_14-02-03_Meeting_Agenda.pdf.
The proposed regulations would align Federal regulatory text
regarding sport fishing guide services for Pacific halibut with State
regulations in a manner that is consistent with Council intent for
management of charter halibut fisheries. The proposed revisions would
enhance enforcement of sport fishing regulations by an authorized
officer by clearly defining when a person is providing sport fishing
guide services. This regulatory clarity will also aid anglers and
operators providing sport fishing guide services to comply with
regulations for the charter halibut fisheries.
This proposed rule would implement clear and consistent regulations
that apply to all businesses providing, and all anglers receiving,
sport fishing guide services, and improve the accuracy of the data
collected on sport fishing harvest. Specifically, this proposed rule
would require anglers receiving sport fishing guide services, whether
or not a charter vessel guide is on board, to comply with the
restrictions in place for charter vessel anglers. This proposed rule
would require businesses that provide sport fishing guide services for
halibut from separate vessels to obtain CHPs for the vessels on which
the anglers are fishing and comply with the restrictions in place for
the charter halibut fishery. This proposed rule would not increase the
number of CHPs issued under the CHLAP.
As described in Section 1.2 of the RIR/IRFA, the proposed rule is
intended only to address fishing activities for the charter halibut
sector; no action is proposed to regulate businesses that provide
equipment for unguided (or self-guided) sport fishing. The following
sections provide greater detail about the three categories of
regulatory changes proposed in this rule: 1) Revisions to definitions
at Sec. 300.61; 2) revisions to CHLAP and CSP regulations; and 3)
other regulatory revisions. The last section describes suggested
changes to IPHC annual management measures to aid the implementation of
this proposed rule. NMFS solicits public comments on the proposed
changes to the regulations described in this preamble.
Proposed Revisions to Definitions at Sec. 300.61
Most critically, this proposed rule would revise the definition of
``sport fishing guide services,'' and add definitions for
``compensation'' and ``charter vessel'' at Sec. 300.61. Technical
revisions would be made to the definitions of ``charter vessel
angler,'' ``charter vessel fishing trip,'' ``charter vessel guide,''
and ``charter vessel operator'' at Sec. 300.61 for added clarity and
consistency among definitions. These changes are described in detail in
section 2.7 of the RIR/IRFA for this action.
The proposed revision to the definition of ``sport fishing guide
services'' would remove the requirement that a charter vessel guide be
on board the same vessel as the charter vessel angler. The Council
recommended that the definition be revised to read as follows: ``Sport
fishing guide services, for purposes of Sec. Sec. 300.65 and 300.67,
means assistance, for compensation or with the intent to receive
compensation, to a person who is sport fishing, to take or attempt to
take halibut by accompanying or physically directing the sport
fisherman in sport fishing activities during any part of a charter
vessel fishing trip. Sport fishing guide services do not include
services provided by a crew member.''
NMFS proposes the Council's recommendation with two minor changes.
First, NMFS proposes to cite Sec. 300.65(d) instead of Sec. 300.65 to
specifically reference the section of Sec. 300.65 that pertains to
charter halibut fishing. Second, NMFS proposes to revise the current
definition of ``sport fishing guide services'' to clarify that services
provided by a crew member working directly under the supervision of,
and on the same vessel as, a charter vessel guide are not sport fishing
guide services for purposes of CHLAP and CSP regulations.
Under the proposed rule, crew member services would continue to be
[[Page 71733]]
excluded from the definition of sport fishing guide services for
purposes of CHLAP and CSP regulations, to clearly identify that the
charter vessel guide, and not a crew member, is the person responsible
for complying with the regulations. The Council and NMFS do not intend
for an assistant, deckhand, or other crew member that works directly
under the supervision of a charter vessel guide to be the person
responsible to comply with CHLAP and CSP regulations. The proposed rule
would maintain current requirements specifying that a person providing
sport fishing guide services from a charter vessel would be responsible
for complying with CHLAP and CSP regulations, whether or not that
person has an ADF&G sport fishing guide license or registration on
board that vessel. Therefore, NMFS proposes to revise the final
sentence of the definition of sport fishing guide services to specify
that ``sport fishing guide services do not include services provided by
a crew member, as defined at Sec. 300.61.'' This proposed revision
would cite the definition of a crew member for added clarity.
The Council recommended, and NMFS proposes, revising the definition
of sport fishing guide services as ``accompanying or physically
directing the sport fisherman in sport fishing activities during any
part of a charter vessel fishing trip.'' This proposed revision is
consistent with the State definition for sport fishing guide services
(Alaska Statute Sec. 16.40.299). The current Federal definition of
charter vessel fishing trip at Sec. 300.61 specifies that a charter
vessel fishing trip begins when fishing gear is first deployed into the
water and ends when one or more charter vessel anglers or any halibut
are offloaded from that vessel. Assistance, under the proposed
definition of sport fishing guide services, would therefore be
restricted to activities that occur after gear has been deployed.
Advice or assistance provided before gear is deployed would not be
considered sport fishing guide services. What qualifies as assistance
is further constrained by the words ``accompanying or physically
directing,'' which likely would require that the charter vessel guide
be in proximity to the charter vessel angler. NMFS assumes that while
most assistance would be provided from a separate vessel, it is
possible that assistance could also be provided from shore. NMFS notes
that determination of guided assistance for purposes of Federal
regulations likely would depend on a combination of factors that, taken
together, would indicate that a charter vessel guide was compensated
for assisting an angler in a manner intended to result in the taking of
halibut. Section 1.3.6 of the RIR/IRFA provides additional detail on
the proposed revision to the definition of sport fishing guide
services.
NMFS proposes adding a definition for ``compensation'' to Sec.
300.61 that matches the State's definition. Federal regulations
currently do not define ``compensation'' in the context of the charter
halibut fishery. The Council and NMFS intend for sport fishing to be
considered charter fishing only if a person providing assistance to
sport anglers is receiving compensation. Compensation would be defined
as, ``direct or indirect payment, remuneration, or other benefits
received in return for services, regardless of the source . . .
`benefits' includes wages or other employment benefits given directly
or indirectly to an individual or organization, and any dues, payments,
fees, or other remuneration given directly or indirectly to a fishing
club, business, organization, or individual who provides sport fishing
guide services; and does not include reimbursement for the actual daily
expenses for fuel, food, or bait.'' This definition of compensation
would also mean that payments made by a third party, and non-monetary
exchanges of goods and services for taking someone halibut fishing, may
also be considered compensation, as well as payments or non-monetary
exchanges from a person aboard the charter vessel.
The proposed Federal definition would not consider reimbursement
for ``actual'' daily expenses (e.g., bait, fuel, food) to be
compensation. Section 1.3.6.2 of the RIR/IRFA provides additional
detail on the proposed revision to the definition of compensation.
An interpretive rule (76 FR 19708, April 8, 2011) clarified that a
charter vessel guide, operator, or crew member may fish for halibut
from a charter vessel if he or she is not being compensated to provide
assistance to persons catching and retaining halibut. No changes are
proposed to this interpretation that allows guides, operators, and crew
members to fish recreationally with friends and family, so long as no
charter vessel anglers are on board and receiving sport fishing guide
services.
NMFS proposes adding a definition for ``charter vessel'' to Federal
regulations at Sec. 300.61. A charter vessel would be defined as ``a
vessel used while providing or receiving sport fishing guide services
for halibut.'' Under this proposed definition, a charter vessel guide
would not be required to be on board the same vessel as the charter
vessel angler to be providing sport fishing guide services. If an
angler receives sport fishing guide services during a charter vessel
fishing trip (i.e., the time between when gear is deployed and when one
or more charter anglers or any harvested halibut are offloaded), even
if it is from an adjacent or nearby vessel, that angler would be
considered to be fishing from a charter vessel.
Charter vessels are required to be registered with the State and
are issued identification decals and logbooks. Under this proposed
rule, all charter vessels, including those that would not have charter
vessel guides on board, would need to register with the State, display
the charter vessel decal while operating as a charter vessel, and have
the logbook on board during all charter vessel fishing trips. Each
charter vessel from which anglers may catch and retain halibut would
also need to have an original CHP on board during charter vessel
fishing trips.
Proposed Revisions to CHLAP and CSP Regulations
As described above and in Section 2.7 of the RIR/IRFA, the Council
recognized that its recommendation for the proposed rule would require
NMFS to propose additional revisions to regulations governing the CHLAP
and CSP. The following sections summarize these additional proposed
regulatory revisions.
Under the proposed rule, the primary responsibility for compliance
with charter halibut fishery regulations would continue to be with the
charter vessel guide. However, some Federal regulations governing the
charter halibut fishery put the burden of compliance on the charter
vessel operator. The term ``charter vessel operator'' in Sec. 300.61
currently refers to the person in charge of the charter vessel on which
anglers are catching and retaining halibut. Under the proposed rule, if
no charter vessel guide were on board the vessel with the charter
anglers, as in guide-assisted sport fishing services, the charter
vessel operator could also be a charter vessel angler. To facilitate
compliance in these instances, NMFS proposes regulations at Sec.
300.66(s) and (v) to hold the charter vessel operator and the charter
vessel guide jointly or severally responsible for compliance with the
requirement to have a valid CHP and a logbook on board the charter
vessel with the charter vessel anglers if no charter vessel guide is on
board the vessel with the charter anglers.
[[Page 71734]]
The CHP and logbook are critical enforcement tools used by an
authorized officer to verify when anglers are on a charter vessel
fishing trip and subject to CHLAP, CSP, and daily bag limit and size
restrictions applicable to charter vessel anglers. If the charter
vessel guide is on a separate charter vessel or on the shore, or is not
in the vicinity of the charter vessel with anglers aboard (i.e.,
``angler vessel''), an authorized officer must be able to identify a
person on board the angler vessel that is responsible for ensuring that
a valid CHP and the logbook are on the vessel to authorize that charter
vessel fishing trip. NMFS proposes that if the charter vessel guide is
on a separate vessel, or on the shore, the charter vessel operator
should be the person on board the angler vessel that could be held
jointly responsible with the charter vessel guide to ensure that a
valid CHP and the logbook are on the angler vessel. NMFS notes that
enforcement of this proposed provision would depend on the
circumstances of a fishing trip. Authorized agents would evaluate the
specific circumstances to determine whether to hold the charter vessel
operator and the charter vessel guide jointly or severally responsible
for compliance with the requirement to have a valid CHP and a logbook
on board the vessel. NMFS requests comments specific to this provision
of the proposed rule.
Charter vessel guides would remain responsible for complying with
the CHLAP and CSP reporting requirements at Sec. 300.65(d), and the
person whose business was assigned a logbook would remain responsible
for ensuring that the charter vessel guide complies with those
requirements. Under current regulations, before a charter vessel
fishing trip begins, the charter vessel guide is required to record in
the logbook the first and last names and license numbers of each
charter vessel angler who will fish for halibut (exceptions apply for
youth, senior, and disabled charter vessel anglers); ensure that the
cover of the logbook lists the person named on the CHP(s) and the CHP
number(s) being used during that charter vessel fishing trip; and
ensure the name and State-issued vessel registration (AK number) or
U.S. Coast Guard documentation number of the charter vessel is listed.
NMFS proposes to modify regulations at Sec. 300.65(d) to require that
the logbook remain on the charter vessel with the anglers during the
charter vessel fishing trip, even if the guide is on a separate vessel
or on shore. With this proposed change, an authorized officer would be
able to verify that all anglers are licensed and listed in the logbook,
and that the angler endorsement on the CHP has not been exceeded.
Under existing regulations at Sec. 300.65(d), if halibut is
retained during a charter vessel fishing trip, the charter vessel guide
is responsible for completing the remainder of the logbook data fields
by the end of the calendar day, or by the end of the charter vessel
fishing trip, whichever comes first. The charter vessel guide is also
responsible for ensuring that charter vessel anglers who retained
halibut sign the logbook.
Under this proposed rule, charter vessel guides would remain
responsible for complying with the provisions of the GAF program at
Sec. 300.65. A GAF permit authorizes a charter vessel angler to retain
GAF, and GAF permits are assigned to a single CHP. Under current
regulations at Sec. 300.65(c)(5)(iii)(A)(5), a legible copy of the GAF
permit must be kept on board the charter vessel with the CHP to enable
an authorized officer to verify that any GAF retained on the charter
vessel were authorized by a valid GAF permit. NMFS proposes to modify
regulations at Sec. 300.65(c)(5)(iii)(A)(5), to require the guide
maintain control of a legible copy of the GAF permit, and require that
the CHP and logbook remain on the same charter vessel as the charter
vessel anglers.
Existing regulations at Sec. 300.65(c)(5)(iv)(G) require that upon
retention of a GAF halibut, the guide must immediately remove the upper
and lower tips of the tail fin lobes to mark and identify that fish as
a GAF halibut. NMFS proposes revising this regulation to add a
requirement that the guide must be physically present when the GAF is
harvested to mark the fish. NMFS anticipates that charter vessel
anglers without a guide on board would need to summon the guide (e.g.,
by cell phone or radio) to be in proximity of the charter vessel before
any GAF are harvested. Accordingly, charter vessel guides not on
charter vessels could not guide from the shore, if GAF fish are being
harvested. Regulations at Sec. 300.65(d)(4)(iii)(A)(1) require the
charter vessel guide to immediately measure and record the total length
of the GAF halibut in the GAF permit log on the back of the GAF permit.
NMFS does not propose changing this requirement, but proposes adding
regulations at Sec. 300.65(d)(4)(iii)(A)(5) to require the charter
vessel guide to immediately record in the logbook the GAF permit number
under which the GAF was caught and retained, and the number of GAF
retained by the charter vessel angler who caught and retained it. The
term ``immediately,'' for enforcement purposes, means that the stated
activity (e.g., marking the fish or recording the GAF in the logbook)
must occur before the guide or angler moves on to another activity or
resume fishing. For example, if a charter vessel angler harvests a GAF,
the guide would need to mark and record it before the angler could
continue fishing, transit to another location, etc. This proposed
revision would improve the timely recording of GAF.
This proposed rule would revise regulations at Sec.
300.65(d)(4)(iii)(A)(1) to require the guide to record harvested GAF
immediately in the logbook so a record of the GAF harvest remains on
board with the charter vessel angler if the guide leaves the area with
the GAF permit and GAF log. If the guide could not be present at the
time the GAF is harvested, the charter vessel angler would not be
authorized to retain that fish.
Current regulations at Sec. 300.65(d)(4)(iii)(B) through (E)
require a charter vessel guide to electronically report GAF harvests at
the end of a charter vessel fishing trip in which GAF is retained. This
proposed rule would not revise these regulations and the charter vessel
guide would continue to be responsible for electronically reporting GAF
harvests.
Current regulations at Sec. 300.65(c)(5)(iv)(G) require that if
GAF halibut are filleted on board a charter vessel, the carcasses of
those GAF halibut must be retained until the end of the charter vessel
fishing trip to enable an authorized officer to verify the recorded
lengths. NMFS proposes to revise CSP regulations at Sec.
300.65(c)(5)(iv)(G) to specify that if any GAF are harvested and
filleted on board the charter vessel, those carcasses would also need
to be retained on the charter vessel on which the GAF halibut were
caught until the end of the charter vessel fishing trip. In other
words, if a GAF halibut were harvested on a charter vessel without a
guide on board, it would need to stay on the vessel with the angler who
caught it until the end of the fishing trip; it could not be
transferred to the vessel that the guide is on for filleting, storage,
or otherwise. Similarly, IPHC annual management measures currently
require that the carcasses of size-restricted halibut harvested in the
charter fishery in Areas 2C and 3A be retained, if those size
restricted halibut are filleted on board the charter vessel. NMFS
proposes adding this carcass retention requirement to Federal
regulations at Sec. 300.65(d)(5).
[[Page 71735]]
NMFS notes that not all charter businesses participate in the GAF
program, and that it is an optional use of individual fishing quota.
There is no requirement that charter vessel guides make GAF available
to their anglers.
Other Regulatory Changes
Charter vessel guides, operators, and crew are prohibited from
harvesting halibut in Areas 2C and 3A during charter vessel fishing
trips under existing regulations at Sec. 300.65(d)(3). Under this
proposed rule, the charter vessel operator could potentially be a
charter vessel angler who is operating a vessel without a charter
vessel guide onboard (e.g., the charter vessel guide is on a separate
vessel). NMFS assumes that the Council would not want to prohibit
charter vessel anglers who are operating charter vessels without a
charter vessel guide on board from harvesting halibut. Therefore, NMFS
proposes to revise Sec. 300.65(d)(3) to specify that ``a charter
vessel guide, charter vessel operator, or crew member may not catch and
retain halibut during a charter vessel fishing trip in Commission
regulatory area 2C or 3A, except that charter vessel operators who are
charter vessel anglers may catch and retain halibut during a charter
vessel fishing trip if the charter vessel guide is on a separate
charter vessel.'' Minor additional changes are proposed to regulations
at Sec. Sec. 300.61, 300.65, 300.66, and 300.67 to maintain existing
regulatory responsibilities applicable to specific persons and ensure
consistency in the charter halibut regulations to meet the intent of
this proposed rule. These changes and the rationale for them are
outlined in detail in Section 2.7 of the RIR/IRFA for this action and
are briefly summarized here.
As of January 1, 2015, several Alaska Statutes (A.S. 16.40.260
through 16.40.299) pertaining to sport fishing business and guide
licensing and reporting through ADF&G are scheduled to expire. At that
time, statewide regulations approved by the Board of Fisheries in 2004
to implement these statutes may lack statutory authority. ADF&G is
working with the Alaska Board of Fisheries to modify existing statewide
regulations to require business and guide registration and continue
logbook reporting for the 2015 season. Federal regulations at Sec.
300.65(d)(4)(ii)(B)(1), (d)(4)(ii)(D)(4), the definition of ``charter
vessel guide'' at Sec. 300.61, and Sec. 300.67(a)(1) all refer to
ADF&G sport fishing guide licenses. NMFS proposes changing these
regulations to refer to ``licenses or registrations'' in the event that
the licensing program is not reinstated.
The CSP implemented a regulation at Sec. 300.66(h) to prohibit
subsistence fishing for halibut while commercial fishing or sport
fishing. The regulation was intended to prohibit only subsistence
fishing for halibut and commercial or sport fishing for halibut from
the same vessel on the same day. However, as written, the regulation
could be interpreted to prohibit commercial or sport fishing for any
species while subsistence fishing for halibut. NMFS proposes to change
the prohibition at Sec. 300.66(h) to clarify that it only prohibits
subsistence fishing for halibut while commercial or sport fishing for
halibut.
IPHC Annual Management Measures
If this proposed rule is approved by the Secretary, the IPHC may
decide to change its annual management measures to implement and
improve compliance for this proposed rule. See Section 2.7 of the RIR/
IRFA.
IPHC annual management measures are designed to facilitate
enforcement of charter halibut fishery regulations when halibut have
been filleted on board the vessel (March 12, 2014, 79 FR 13906). The
IPHC annual management measure at Section 28(1)(d) restricts filleting
halibut into no more than two dorsal, two ventral, and two cheek pieces
to ensure that an authorized officer can verify a charter vessel
angler's daily bag and possession limits for halibut if the fish have
been filleted on board the vessel. NMFS anticipates that this
restriction on filleting halibut will continue to be implemented in
future years. If the proposed rule is approved and implemented and the
IPHC adopts halibut size restrictions for charter vessel anglers in the
future, the IPHC may decide to change the annual management measures to
require that all retained halibut, including GAF, remain on the charter
vessel on which they are caught until the end of a charter vessel
fishing trip. This would ensure that charter vessel anglers without a
guide on board would not be allowed to transfer their harvested halibut
to the guide's vessel for processing.
NMFS also notes that the 2014 annual management measures at Section
28(2)(d) and (3)(d) require the carcasses of size-restricted halibut be
retained until the end of the charter vessel fishing trip to enable an
authorized officer to enforce the size restrictions that are in place
for charter vessel anglers in Area 2C and Area 3A. NMFS proposes to add
a carcass retention requirement for size-restricted halibut to Federal
regulations at Sec. 300.65(d)(5). If this proposed rule is approved
and implemented and the IPHC adopts halibut size restrictions for
charter vessel anglers in the future, the IPHC may decide to remove the
annual management measures requiring carcass retention as unnecessary
measures.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Pacific Fishery Management Council, the
North Pacific Fishery Management Council, and the Secretary of
Commerce. Section 5 of the Halibut Act (16 U.S.C. 773c) allows the
Regional Council having authority for a particular geographical area to
develop regulations governing fishing for halibut in U.S. Convention
waters as long as those regulations do not conflict with IPHC
regulations. The Halibut Act at section 773c(a) and (b) provides the
Secretary of Commerce with the general responsibility to carry out the
Convention with the authority to, in consultation with the Secretary of
the department in which the U.S. Coast Guard is operating, adopt such
regulations as may be necessary to carry out the purposes and
objectives of the Convention and the Halibut Act. This proposed rule is
consistent with the Halibut Act and other applicable laws.
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. This proposed rule also complies
with the Secretary of Commerce's authority under the Halibut Act to
implement management measures for the halibut fishery.
Regulatory Flexibility Act
An initial regulatory flexibility analysis (IRFA) was prepared as
required by section 603 of the Regulatory Flexibility Act. The IRFA
describes the economic impact this proposed rule, if adopted, would
have on small entities. A description of the action, why it is being
considered, and its legal basis may be found at the beginning of this
preamble and are not repeated here. A summary of the IRFA follows. A
copy of the IRFA is available from the NMFS (see ADDRESSES).
Number and Description of Small Entities Regulated by the Proposed Rule
On June 12, 2014, the Small Business Administration (SBA) issued a
final rule revising the small business size standards for several
industries effective July 14, 2014 (79 FR 33647, June 12, 2014). The
new size standards were used to prepare the IRFA for this proposed
rule.
[[Page 71736]]
The Small Business Administration (SBA) specifies that for charter
fishing vessel operations, a small business is one with annual receipts
less than $7.5 million. The largest of these charter vessel operations,
which are lodges, may be considered large entities under SBA standards,
but that cannot be confirmed because NMFS does not have or collect
economic data on lodges necessary to definitively determine total
annual receipts. Thus, all charter vessel operations are considered
small entities, based on SBA criteria, because NMFS cannot confirm if
any entities have gross revenues greater than $7.5 million on an annual
basis.
This proposed rule would directly regulate all CHP holders, and
businesses offering sport fishing guide services that NMFS believes
should hold CHPs. As of July 7, 2014, the date of the most recent
information available, there were 975 CHPs issued to 580 permit holders
in Areas 2C and 3A. Data on business affiliations among permit holders
are not available; therefore, the number of CHP holders that are
directly regulated cannot be accurately determined, but would not
exceed 580. NMFS notes that because there is little incentive for a
business that already holds one or more CHPs to offer sport fishing
guide services without a guide on board to anglers, the number of CHP
holders (i.e., small entities) affected by this proposed regulation is
likely to be very small. The proposed rule is not expected to adversely
impact small entities that possess CHPs.
The proposed rule, however, may adversely impact those entities
that do not hold CHPs and who provide sport fishing guide services
using guides that are not on board the vessel with the anglers (i.e.,
guide-assisted sport fishing services). A review of logbook data
suggests that only a few such entities can be documented. For Area 2C,
a minimum of one to three businesses are estimated from logbook data to
have routinely offered guide-assisted sport fishing services for
halibut that did not meet the Federal definition of sport fishing guide
services between 2009 and 2013. Logbook data for Area 3A did not
clearly identify any businesses that routinely reported trips in which
halibut were harvested and no CHP was recorded as used for the charter
vessel fishing trip. It is difficult to estimate how many businesses
may be providing guide-assisted sport fishing services because some of
these businesses may not be registered as charter businesses with the
State and may not be completing logbooks. Under the proposed rule,
businesses that provide guide-assisted sport fishing services, but do
not hold CHPs, would have to either purchase CHPs or change the
services they provide so that they refrain from accompanying or
physically assisting anglers in the taking of halibut during any part
of a charter vessel fishing trip. Information on availability and price
of CHPs is presented in Section 1.3.1.2 of the RIR/IRFA. NMFS does not
have or collect data to determine the exact number of guide-assisted
sport fishing services or total annual receipts for these entities.
NMFS considers all guide-assisted sport fishing services as small
entities, based on SBA criteria, because NMFS cannot confirm if any of
these entities have gross revenues greater than $7.5 million on an
annual basis.
Community quota entities may apply for and receive community CHPs;
therefore, this proposed rule may directly regulate entities
representing small, remote communities in Areas 2C and 3A. There are 20
communities in Area 2C and 14 in Area 3A eligible to receive community
CHPs. Of these 34 communities, 21 hold community CHPs. The proposed
action is not expected to adversely impact communities that hold CHPs.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
An IRFA is required to describe significant alternatives to the
proposed rule that accomplish the stated objectives of the Halibut Act
and other applicable statutes and that would minimize any significant
economic impact of the proposed rule on small entities.
The status quo alternative (Alternative 1) would continue to
require that a guide be on board a charter vessel with a charter vessel
angler to be providing sport fishing guide services. Maintaining these
regulations is believed to result in an unknown, but relatively small
number of anglers fishing under unguided sport fishing regulations,
rather than the more restrictive charter fishing regulations. The
status quo may result in continued inaccuracies in accounting of sport
removals by sector and continued confusion by the angling public as to
how to report their halibut harvest. The status quo alternative would
not accomplish the Council's objective that guide-assisted fishing for
halibut be managed under charter halibut fishery regulations.
The Council considered one alternative with three options to the
status quo. The first option under Alternative 2 would change the
definition of ``sport fishing guide services'' to remove the
requirement that a guide be on board the charter vessel with the
charter vessel angler to be providing those services. The second option
would add a Federal definition for ``compensation'' and contained two
suboptions. The first suboption would add a Federal definition for
compensation that matches the State definition. The second suboption
would add a Federal definition that substitutes the word ``reasonable''
for ``actual'' expenses from the State definition. These suboptions are
described in more detail in Section 1.3.6.2 of the RIR/IRFA. The third
option under Alternative 2 would add a Federal definition for
``assistance'' to describe which types of activities fall under sport
fishing guide services. Alternative 2 would better align Federal
regulations regarding sport fishing guide services for Pacific halibut
with State regulations, would incorporate guide-assisted sport fishing
services under the umbrella of charter regulations, and would improve
the accuracy of unguided sport and charter halibut harvest estimates.
The Council recommended, and NMFS proposes a preferred alternative
(i.e., this proposed rule) that would better align the State and
Federal definitions of ``sport fishing guide services'' (Alternative 2,
Option 1), and add a definition for ``compensation'' (Alternative 2,
Option 2) to Federal regulations. Instead of separately defining
``assistance'' as described in Alternative 2, Option 3, the preferred
alternative would add language to the definition of sport fishing guide
services to define assistance as ``accompanying or physically directing
the sport fisherman in sport fishing activities.'' The preferred
alternative incorporates the recommendations developed cooperatively by
State and NMFS enforcement and management staff and supported by the
discussion of the effects of Alternative 2, Options 1, 2, and 3 in
Section 1.3.6 of the RIR/IRFA. The preferred alternative incorporates a
description of assistance consistent with State regulations without
specifying a list of fishing activities. Broadly defining assistance in
this way would eliminate the need to identify all potential activities
that could be considered as providing assistance to an angler and the
risk that a relevant activity would be inadvertently excluded from the
list.
NMFS proposes the Council's preferred alternative, with one
exception. Instead of proposing the suboption to Alternative 2, Option
2 that would add a Federal definition for ``compensation'' that differs
from the
[[Page 71737]]
State's definition by referring to ``reasonable'' expenses rather than
``actual'' expenses, NMFS proposes the suboption that would add a
Federal definition that matches the State's definition. The preferred
alternative for this option initially incorporated the recommendations
developed cooperatively by State and NMFS enforcement and management
staff, but upon further discussion, these entities determined that
matching the State and Federal definitions for compensation would be
more enforceable. Additionally, adopting matching definitions would
further the Council's objectives of aligning Federal and State of
Alaska regulations.
The entities directly regulated under this action are assumed to be
small under the SBA definition. Because the proposed rule serves to
benefit the small entities that are directly regulated under the
proposed rule by clarifying Federal fishery regulations to better align
with Council intent and State fishery regulations, no significant
negative economic impacts are expected on directly regulated entities
who are CHP holders; however, charter vessel guides who provide sport
fishing guide services and are not on board the same charter vessel as
the charter vessel angler would be required to change their fishing
practices under the proposed rule. These directly regulated entities
are also assumed to be small entities. Thus, NMFS is not aware of any
alternatives, in addition to the alternatives considered, that would
more effectively meet these Regulatory Flexibility Act criteria at a
lower economic cost to directly regulated small entities.
Projected Reporting, Recordkeeping Requirements, and Other Compliance
Requirements
This action does not impose any additional reporting requirements
on the participants of the charter halibut fishery. Although the public
reporting burden will not change, additional participants would be
required to comply with existing requirements. The new participants
would be subject to the same recordkeeping and reporting requirements
as existing participants.
Duplicate, Overlapping, or Conflicting Federal Rules
NMFS has not identified other Federal rules that may duplicate,
overlap, or conflict with the proposed rule.
Collection-of-Information Requirements
This proposed rule contains collection-of-information requirements
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). These requirements have
been submitted to OMB for approval. The collections are listed below by
OMB control number.
OMB Control No. 0648-0575
The ADF&G Saltwater Sport Fishing Charter Trip Logbook, GAF
Electronic Landing Report, and GAF Permit Log are mentioned in this
proposed rule. This rule may require a few more businesses that
currently do not complete reports and logbooks to do so; however, the
public reporting burden for these items in this collection-of-
information are not directly affected by this proposed rule.
OMB Control No. 0648-0592
Applications for CHPs and applications for GAF transfers are
mentioned in this proposed rule. This rule may result in a few more
businesses that currently do not have CHPs and GAF transfers to
purchase and apply for them, respectively; however, the public
reporting burden for these applications in this collection-of-
information are not directly affected by this proposed rule.
Public reporting burden includes 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 these proposed
collections of information are 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.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to NMFS at the above address, and by
email to [email protected], or fax to 202-395-5806.
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. All currently approved NOAA
collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Antarctica, Canada, Exports,
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources,
Reporting and recordkeeping requirements, Russian Federation,
Transportation, Treaties, Wildlife.
Dated: November 26, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 300 as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart E--Pacific Halibut Fisheries
0
1. The authority citation for part 300, subpart E, continues to read as
follows:
Authority: 16 U.S.C. 773-773k.
0
2. In Sec. 300.61:
0
a. Revise the definitions of ``Charter vessel angler'', ``Charter
vessel fishing trip'', ``Charter vessel guide'', ``Charter vessel
operator'', and ``Sport fishing guide services''; and
0
b. Add definitions for ``Charter vessel'' and ``Compensation'' in
alphabetical order to read as follows:
Sec. 300.61 Definitions.
* * * * *
Charter vessel, for purposes of Sec. Sec. 300.65, 300.66, and
300.67, means a vessel used while providing or receiving sport fishing
guide services for halibut.
Charter vessel angler, for purposes of Sec. Sec. 300.65, 300.66,
and 300.67, means a person, paying or non-paying, receiving sport
fishing guide services for halibut.
Charter vessel fishing trip, for purposes of Sec. Sec. 300.65,
300.66, and 300.67, means the time period between the first deployment
of fishing gear into the water from a charter vessel by a charter
vessel angler and the offloading of one or more charter vessel anglers
or any halibut from that vessel.
Charter vessel guide, for purposes of Sec. Sec. 300.65, 300.66 and
300.67, means a person who holds an annual sport fishing guide license
or registration issued by the Alaska Department of Fish and Game, or a
person who provides sport fishing guide services.
Charter vessel operator, for purposes of Sec. 300.65, means the
person in control of the charter vessel during a charter vessel fishing
trip.
* * * * *
[[Page 71738]]
Compensation, for purposes of sport fishing for Pacific halibut in
Commission regulatory areas 2C and 3A, means direct or indirect
payment, remuneration, or other benefits received in return for
services, regardless of the source; for this definition, ``benefits''
includes wages or other employment benefits given directly or
indirectly to an individual or organization, and any dues, payments,
fees, or other remuneration given directly or indirectly to a fishing
club, business, organization, or individual who provides sport fishing
guide services; and does not include reimbursement for the actual daily
expenses for fuel, food, or bait.
* * * * *
Sport fishing guide services, for purposes of Sec. Sec. 300.65(d)
and 300.67, means assistance, for compensation or with the intent to
receive compensation, to a person who is sport fishing, to take or
attempt to take halibut by accompanying or physically directing the
sport fisherman in sport fishing activities during any part of a
charter vessel fishing trip. Sport fishing guide services do not
include services provided by a crew member, as defined at Sec. 300.61.
* * * * *
0
3. In Sec. 300.65,
0
a. Revise paragraphs (c)(5)(iii)(A)(5); (c)(5)(iv)(A) and (G); (d)(3);
(d)(4)(i); (d)(4)(ii)(B); (d)(4)(ii)(B)(1) through (4); and
(d)(4)(iii)(A)(1);
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b. Add paragraph (d)(4)(iii)(A)(5);
0
c. Revise paragraph (d)(4)(iii)(D)(4); and
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d. Add paragraph (d)(5) to read as follows:
Sec. 300.65 Catch sharing plan and domestic management measures in
waters in and off Alaska.
* * * * *
(c) * * *
(5) * * *
(iii) * * *
(A) * * *
(5) If a charter vessel angler harvests GAF from a charter vessel
with a charter vessel guide on board, a legible copy of a GAF permit
and the assigned charter halibut permit, community charter halibut
permit, or military charter halibut permit appropriate for the
Commission regulatory area (2C or 3A) must be carried by the charter
vessel operator on board the charter vessel used to harvest GAF at all
times that such fish are retained on board and must be presented for
inspection on request of any authorized officer. If a charter vessel
angler harvests GAF from a charter vessel without a charter vessel
guide on board, the charter vessel guide must retain the GAF permit and
the assigned charter halibut permit, community charter halibut permit,
or military charter halibut permit must be on the charter vessel with
the charter vessel angler.
* * * * *
(iv) * * *
(A) If a charter vessel angler harvests GAF from a charter vessel
with a charter vessel guide on board, the charter vessel guide must
have on board a valid GAF permit and the valid charter halibut permit,
community charter halibut permit, or military charter halibut permit
assigned to the GAF permit for the area of harvest. If a charter vessel
angler harvests GAF from a charter vessel without a charter vessel
guide on board, the valid GAF permit must be on board the same vessel
as the charter vessel guide, and the original charter halibut permit,
community charter halibut permit, or military charter halibut permit
assigned to the GAF permit for the area of harvest must be on the
charter vessel with the charter vessel angler.
* * * * *
(G) The charter vessel guide must be physically present when the
GAF halibut is harvested and must immediately remove the tips of the
upper and lower lobes of the caudal (tail) fin to mark all halibut
caught and retained as GAF. If the GAF halibut is filleted, the entire
carcass, with head and tail connected as a single piece, must be
retained on board the charter vessel on which the halibut was caught
until all fillets are offloaded.
* * * * *
(d) * * *
(3) Charter vessel guide and crew restriction in Commission
regulatory areas 2C and 3A. A charter vessel guide, charter vessel
operator, or crew member may not catch and retain halibut during a
charter vessel fishing trip in Commission regulatory area 2C or 3A,
except that charter vessel operators who are charter vessel anglers may
catch and retain halibut during a charter vessel fishing trip if the
charter vessel guide is on a separate charter vessel.
(4) * * *
(i) General requirements. Each charter vessel angler and charter
vessel guide in Commission regulatory area 2C or 3A must comply with
the following recordkeeping and reporting requirements, except as
specified in paragraph (d)(4)(iii)(C) of this section, by the end of
the calendar day or by the end of the charter vessel fishing trip,
whichever comes first, unless otherwise specified:
(ii) * * *
(B) Charter vessel guide requirements. If halibut were caught and
retained in Commission regulatory area 2C or 3A, the charter vessel
guide must record the following information (see paragraphs
(d)(4)(ii)(B)(1) through (10) of this section) in the Alaska Department
of Fish and Game Saltwater Charter Logbook.
(1) Guide license number. The Alaska Department of Fish and Game
sport fishing guide license or registration number held by the charter
vessel guide who certified the logbook data sheet.
(2) Date. Month and day for each charter vessel fishing trip taken.
A separate logbook data sheet is required for each charter vessel
fishing trip if two or more trips are taken on the same day. A separate
logbook data sheet is required for each calendar day that halibut are
caught and retained during a multi-day trip. A separate logbook sheet
is required if more than one charter halibut permit is used on a trip.
(3) Charter halibut permit (CHP) number. The NMFS CHP number(s)
authorizing charter vessel anglers on that charter vessel fishing trip
to catch and retain halibut.
(4) Guided Angler Fish (GAF) permit number. The NMFS GAF permit
number(s) authorizing charter vessel anglers on that charter vessel
fishing trip to harvest GAF.
* * * * *
(iii) * * *
(A) * * *
(1) Upon retention of a GAF halibut, the charter vessel guide must
immediately record on the GAF permit log (on the back of the GAF
permit) the date that the fish was caught and retained and the total
length of that fish as described in paragraphs (d)(4)(iii)(D)(5) and
(d)(4)(iii)(D)(7) of this section. If GAF halibut are retained on a
charter vessel without a charter vessel guide on board, the charter
vessel guide must also comply with the reporting requirements in
paragraph (d)(4)(iii)(A)(5) of this section.
* * * * *
(5) If a GAF is retained on a charter vessel without a charter
vessel guide on board, the charter vessel guide must immediately record
in the ADF&G Saltwater Charter Logbook the GAF permit number under
which GAF were caught and retained, and the number of GAF kept under
the corresponding charter vessel angler's name.
* * * * *
(D) * * *
(4) Alaska Department of Fish and Game sport fishing guide license
or registration number held by the charter
[[Page 71739]]
vessel guide who certified the logbook data sheet.
* * * * *
(5) Carcass retention requirement for size-restricted halibut. If a
size-restricted halibut is filleted on board the charter vessel, the
entire carcass, with head and tail connected as a single piece, must be
retained on board the charter vessel on which it was caught until all
fillets are offloaded.
* * * * *
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4. In Sec. 300.66:
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a. Revise paragraph (h) introductory text, and paragraphs (s) and (t);
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b. Remove paragraph (u);
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c. Redesignate paragraphs (v) and (w) as (u) and (v), respectively; and
0
d. Revise newly redesignated paragraphs (u) and (v) to read as follows:
Sec. 300.66 Prohibitions.
* * * * *
(h) Conduct subsistence fishing for halibut while commercial
fishing or sport fishing for halibut, as defined in Sec. 300.61, from
the same vessel on the same calendar day, or possess on board a vessel
halibut harvested while subsistence fishing with halibut harvested
while commercial fishing or sport fishing, except that persons
authorized to conduct subsistence fishing under Sec. 300.65(g), and
who land their total annual harvest of halibut:
* * * * *
(s) Be a charter vessel guide with charter vessel anglers on board,
or a charter vessel operator if the charter vessel guide is not on
board, in Commission regulatory area 2C or 3A without an original valid
charter halibut permit for the regulatory area in which the charter
vessel is operating during a charter vessel fishing trip.
(t) Be a charter vessel guide in Commission regulatory area 2C or
3A with more charter vessel anglers catching and retaining halibut
during a charter vessel fishing trip than the total angler endorsement
number specified on the charter halibut permit(s) or community charter
halibut permit(s) in use for that trip.
(u) Be a charter vessel guide of a charter vessel on which one or
more charter vessel anglers are catching and retaining halibut in both
Commission regulatory areas 2C and 3A during one charter vessel fishing
trip.
(v) Be a charter vessel guide or a charter vessel operator during a
charter vessel fishing trip in Commission regulatory area 2C or 3A with
one or more charter vessel anglers that are catching and retaining
halibut without having on board the vessel with the charter vessel
anglers a State of Alaska Department of Fish and Game Saltwater Charter
Logbook in which the charter vessel guide has specified the following:
(1) The person named on the charter halibut permit or permits being
used during that charter vessel fishing trip;
(2) The charter halibut permit or permits number(s) being used
during that charter vessel fishing trip; and
(3) The name and State-issued vessel registration (AK number) or
U.S. Coast Guard documentation number of the charter vessel.
0
5. In Sec. 300.67, revise paragraphs (a)(1) and (a)(3) to read as
follows:
Sec. 300.67 Charter halibut limited access program.
* * * * *
(a) * * *
(1) In addition to other applicable permit, licensing, or
registration requirements, any charter vessel guide of a charter vessel
during a charter vessel fishing trip with one or more charter vessel
anglers catching and retaining Pacific halibut on board must have on
board the vessel an original valid charter halibut permit or permits
endorsed for the regulatory area in which the charter vessel is
operating and endorsed for at least the number of charter vessel
anglers who are catching and retaining Pacific halibut. Each charter
halibut permit holder must ensure that the charter vessel operator and
charter vessel guide of the charter vessel comply with all requirements
of Sec. Sec. 300.65, 300.66, and 300.67.
* * * * *
(3) Charter vessel angler endorsement. A charter halibut permit is
valid for up to the maximum number of charter vessel anglers on a
single charter vessel for which the charter halibut permit is endorsed.
* * * * *
[FR Doc. 2014-28443 Filed 12-2-14; 8:45 am]
BILLING CODE 3510-22-P