19708 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Rules and Regulations 

PART 8—[AMENDED] 

■ 1. The authority citation for part 8 

continues to read as follows: 

Authority: E. O. 10450, 3 CFR, 1949–1953 

Comp., p. 936; E.O. 12829, 3 CFR, 1993 

Comp., p. 570; E.O. 12958, 3 CFR, 1995 

Comp., p. 333; E. O. 12968, 3 CFR, 1995 

Comp., p. 391. 

Subpart B—Classification/ 

Declassification of Information 

§ 8.11 [Amended] 

■ 2. Section 8.11 is amended as follows: 

■ a. By removing paragraph (b)(2), 

■ b. By redesignating paragraphs (b)(3) 

and (b)(4) as (b)(2) and (b)(3) 

■ c. By amending newly designated 

paragraph (b)(2) by removing the 

reference ‘‘Assistant Administrator for 

Civil Aviation Security’’, and by adding 

in its place, the reference ‘‘Assistant 

Administrator for Security and 

Hazardous Materials.’’ 

Issued in Washington, DC, on March 30, 

2011. 

Ray LaHood, 

Secretary of Transportation. 

[FR Doc. 2011–8292 Filed 4–7–11; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 110325225–1224–02] 

RIN 0648–BA96 

Pacific Halibut Fisheries; Limited 

Access for Guided Sport Charter 

Vessels in Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; interpretation. 

SUMMARY: This interpretation clarifies 

regulations that apply to vessels 

operating in the guided sport (charter) 

fishery for halibut in International 

Pacific Halibut Commission 

Management Area 2C (Southeast Alaska) 

and Area 3A (Central Gulf of Alaska). 

Under regulations implementing the 

charter halibut limited access program, 

all vessel operators in Area 2C and Area 

3A with charter vessel anglers on board 

catching and retaining halibut must 

have a valid charter halibut permit that 

was issued by NMFS on board the 

vessel. This interpretation clarifies that 

a valid charter halibut permit must be 

on board a vessel when the charter 

vessel guide on board is being 

compensated to provide assistance to 

persons catching and retaining halibut. 

A charter vessel guide is not required to 

have a charter halibut permit on board 

a vessel during a recreational halibut 

fishing trip on which he or she is not 

being compensated to provide 

assistance to persons catching and 

retaining halibut. 

DATES: This rule is effective on April 8, 

2011. 

ADDRESSES: Electronic copies of this 

action and other related documents are 

available from http:// 

www.regulations.gov or from the NMFS 

Alaska Region Web site at http:// 

alaskafisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Baker, 907–586–7228. 

SUPPLEMENTARY INFORMATION: 

Background 

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) (16 U.S.C. 773 et seq.). 

Sections 773c(a) and (b) of the Halibut 

Act provide the Secretary of Commerce 

(Secretary) with general responsibility 

to carry out the Convention between the 

United States and Canada for the 

Preservation of the Halibut Fishery of 

the North Pacific Ocean and Bering Sea 

and the Halibut Act. Section 773c(c) of 

the Halibut Act also authorizes the 

North Pacific Fishery Management 

Council (Council) to develop 

regulations, including limited access 

regulations, that are in addition to, and 

not in conflict with, approved IPHC 

regulations. Such Council-developed 

regulations may be implemented by 

NMFS only after approval by the 

Secretary. The Council has exercised 

this authority in the development of its 

limited access program for charter 

vessels in the guided sport fishery, 

codified at 50 CFR 300.67. 

Charter Halibut Limited Access 

Program 

In March 2007, the Council 

recommended a limited access program 

for charter vessels in IPHC Regulatory 

Area 2C and Area 3A. The intent of the 

program was to manage growth of 

fishing capacity in the charter sector by 

limiting the number of charter vessels 

that may participate in the guided sport 

fishery for halibut in Areas 2C and 3A. 

NMFS published a final rule 

implementing the program on January 5, 

2010 (75 FR 554). Under the program, 

NMFS initially issued a charter halibut 

permit (CHP) to qualified applicants. A 

person who was not initially issued a 

CHP by NMFS may obtain a transferable 

CHP from another person by submitting 

a transfer application and meeting CHP 

transfer requirements. A permit holder 

may use a CHP on board any vessel that 

meets Federal and State requirements to 

operate as a charter vessel in the guided 

sport fishery for halibut in Areas 2C and 

3A. 

Beginning February 1, 2011, any 

person operating a vessel on which 

charter vessel anglers are catching and 

retaining halibut in Area 2C or Area 3A 

is required to have on board the vessel 

a CHP designated for that area. This 

requirement is codified in the 

regulations as a prohibition. The 

regulation at § 300.66(r) prohibits a 

person from being an operator of a 

vessel in Area 2C or Area 3A with one 

or more charter vessel anglers on board 

that are catching and retaining halibut 

without having a valid CHP for the 

regulatory area in which the vessel is 

operating. 

Interpretation 

This interpretation clarifies that a 

CHP is required to be on board a vessel 

in Area 2C or Area 3A if both of the 

following conditions are met: (1) One or 

more persons on board are catching and 

retaining halibut, and (2) a charter 

vessel guide on board the vessel is 

receiving compensation to assist a 

person to take, or attempt to take, 

halibut. 

Regulations at § 300.61 include three 

definitions that are relevant for 

determining whether a CHP is required 

to be on board a vessel in Area 2C or 

Area 3A. These definitions are ‘‘charter 

vessel angler,’’ ‘‘charter vessel guide,’’ 

and ‘‘sport fishing guide services.’’ For 

purposes of regulations at §§ 300.65(d), 

300.66, and 300.67: 

1. ‘‘Charter vessel angler’’ means a 

person, paying or non-paying, using the 

services of the charter vessel guide. 

2. ‘‘Charter vessel guide’’ means a 

person who holds an annual sport guide 

license issued by the Alaska Department 

of Fish and Game, or a person who 

provides sport fishing guide services. 

3. ‘‘Sport fishing guide services’’ 

means 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. 

NMFS interprets ‘‘services’’ in the 

definition of ‘‘charter vessel angler’’ to 

mean ‘‘sport fishing guide services’’ as 

defined at § 300.61. Under this 

interpretation, a person who takes or 

attempts to take halibut would only be 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Rules and Regulations 19709 

a charter vessel angler if that person is 

receiving sport fishing guide services 

from a charter vessel guide. Section 

300.61 defines ‘‘sport fishing guide 

services’’ 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. Therefore, a person 

would be a charter vessel angler only if 

that person is receiving assistance to 

catch and retain halibut from a charter 

vessel guide who is being compensated 

to assist the person to take or attempt to 

take halibut. 

Compensation is generally defined as 

something given or received as payment 

or remuneration, as for a service. For 

purposes of the definition of ‘‘sport 

fishing guide services’’ at § 300.61, 

compensation is not strictly limited to a 

monetary exchange and can include a 

trade of goods or services in exchange 

for taking someone fishing. Therefore, 

assistance for compensation is not 

limited to situations where persons are 

directly compensating someone for 

sport fishing guide services. The 

definition of ‘‘sport fishing guide 

services’’ at § 300.61 does not require 

any person on board the vessel to be 

individually compensating the person 

providing assistance for this definition 

to be applicable. If the charter vessel 

guide is compensated in any way to 

provide assistance, then that charter 

vessel guide is providing sport fishing 

guide services under § 300.61. 

NMFS recognizes that compensation 

for assistance can take many forms. For 

purposes of applying the regulations at 

§§ 300.61, 300.66, and 300.67, NMFS 

will evaluate the specific circumstances 

of a fishing trip to determine if a charter 

vessel guide is receiving compensation 

for providing persons with assistance to 

take or attempt to take halibut. 

Effects of This Interpretation 

NMFS did not intend for a charter 

vessel guide’s recreational fishing 

activities in Area 2C and Area 3A to be 

restricted by the charter halibut limited 

access program regulations. This 

interpretation clarifies that the 

regulation at § 300.66(r) does not require 

a person holding an annual sport guide 

license issued by the Alaska Department 

of Fish and Game, defined as a charter 

vessel guide at § 300.61, to have a CHP 

on board the vessel for recreational 

fishing trips that are not undertaken as 

part of charter halibut business 

operations. For example, NMFS 

recognizes that while a charter vessel 

guide on board a vessel with friends or 

family may offer his or her expertise to 

assist those persons to catch and retain 

halibut, the charter vessel guide may not 

be compensated for providing such 

assistance. Thus, if the charter vessel 

guide is not compensated for providing 

sport fishing guide services, as defined 

at § 300.61, the persons on board the 

vessel are not charter vessel anglers as 

defined at § 300.61. If the persons on 

board are not charter vessel anglers, the 

fishing trip would not be considered a 

charter vessel fishing trip. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA, has determined that 

this interpretation is consistent with the 

Halibut Act and other applicable law. 

This action is administrative in nature 

and is exempt from the requirement to 

prepare an environmental assessment in 

accordance with NAO 216–6 because 

this interpretive rule will have no effect 

on the environment. 

This interpretive rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The notice and comment 

requirements and the 30-day delay in 

the effective date requirements of the 

Administrative Procedure Act do not 

apply to this interpretive rule as 

provided in 5 U.S.C. 553(b)(A) and 5 

U.S.C. 553(d)(2). 

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

Dated: April 4, 2011. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

[FR Doc. 2011–8431 Filed 4–5–11; 4:15 pm] 

BILLING CODE 3510–22–P 


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