86772 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 

www.regulations.gov and at the EPA 

Region 4 office (please contact the 

person identified in the ‘‘For Further 

Information Contact’’ section of this 

preamble for more information). 

IV. Proposed Action 

EPA is proposing to approve the 

changes to Regulation 1.11, Control of 

Open Burning, of the Jefferson County 

portion of the Kentucky SIP, submitted 

by the Commonwealth on May 30, 2023, 

for the reasons discussed above. The SIP 

revision updates the current SIPapproved version of Regulation 1.11 

(Version 10) to Version 11. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely proposes to approve State 

law as meeting Federal requirements 

and does not impose additional 

requirements beyond those imposed by 

State law. For that reason, this proposed 

action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

In addition, the SIP is not proposing 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the rulemaking does not 

have Tribal implications and will not 

impose substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. EPA defines EJ as 

‘‘the fair treatment and meaningful 

involvement of all people regardless of 

race, color, national origin, or income 

with respect to the development, 

implementation, and enforcement of 

environmental laws, regulations, and 

policies.’’ EPA further defines the term 

fair treatment to mean that ‘‘no group of 

people should bear a disproportionate 

burden of environmental harms and 

risks, including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The District did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this proposed 

action. Due to the nature of the action 

being proposed here, this proposed 

action is expected to have a neutral 

impact on the air quality of the affected 

area. Consideration of EJ is not required 

as part of this proposed action, and 

there is no information in the record 

inconsistent with the stated goal of E.O. 

12898 of achieving EJ for communities 

with EJ concerns. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: October 24, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2024–25244 Filed 10–30–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 300 and 679 

[Docket No. 241025–0279] 

RIN 0648–BN18 

Fisheries of the Exclusive Economic 

Zone off Alaska; Pacific Halibut 

Recreational Quota Entity Program Fee 

Collection 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

require a charter halibut stamp (stamp) 

for charter vessel anglers, age 18 years 

or older, for each day and each trip they 

intend to catch and retain halibut on a 

charter vessel in International Pacific 

Halibut Commission (IPHC) regulatory 

area 2C (Southeast Alaska) and 3A 

(Southcentral Alaska). Persons who 

hold charter halibut permits (CHPs) 

would purchase stamps, which would 

be electronic, from NMFS. Charter 

vessel guides would be required to 

validate a stamp for each adult charter 

vessel angler intending to catch and 

retain halibut. NMFS would ultimately 

transfer the collected fees from the 

stamp purchases to the Recreational 

Quota Entity (RQE) to purchase halibut 

Quota Share (QS) issued in the Halibut 

and Sablefish Individual Fishing Quota 

(IFQ) Program on behalf of the charter 

halibut fishery. This proposed rule is 

necessary to promote stability and 

economic viability in the charter halibut 

fishery, and is intended to promote the 

goals and objectives of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), the Northern Pacific Halibut Act of 

1982 (Halibut Act), and other applicable 

laws. 

DATES: Submit comments on or before 

December 2, 2024. 

ADDRESSES: A plain language summary 

of this proposed rule is available at 

https://www.regulations.gov/docket/ 

NOAA-NMFS-2024-0099. You may 

submit comments on this document, 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 86773 

identified by NOAA–NMFS–2024–0099, 

by any of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Visit 

https://www.regulations.gov and type 

NOAA–NMFS–2024–0099 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Gretchen Harrington, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS. 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 https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

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). 

Electronic copies of the Regulatory 

Impact Review (RIR), and the 

Categorical Exclusion prepared for this 

action are available from https://

www.regulations.gov or from the NMFS 

Alaska Region website. 

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 to https://

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. 

FOR FURTHER INFORMATION CONTACT: Kurt 

Iverson, 907–586–7228, kurt.iverson@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for Action 

In December 2022, through the 

Consolidation Appropriations Act of 

2023 (Pub. L. 117–328), the U.S. 

Congress (Congress) enacted the Driftnet 

Modernization and Bycatch Reduction 

Act. Public Law 117–328, 136 Stat. 

4459, 5260–61 (Dec. 29, 2022). Section 

106 of the Act authorizes the North 

Pacific Fishery Management Council 

(Council) to recommend, and the 

Secretary of Commerce to approve, 

‘‘regulations necessary for the collection 

of fees from charter vessel operators 

who guide recreational anglers who 

harvest Pacific halibut in IPHC 

regulatory areas 2C and 3A.’’ Under the 

Act, any fees collected shall be available 

for (1) financing administrative costs of 

the RQE Program; (2) the purchase of 

halibut QS in areas 2C and 3A by the 

RQE; (3) halibut conservation and 

research; and (4) promotion of the 

halibut resource by the RQE. This 

proposed rule would implement section 

106 of the Act. 

The IPHC and NMFS manage fishing 

for Pacific halibut (halibut, 

Hippoglossus stenolepis) through 

regulations established under authority 

of the Halibut Act. The IPHC adopts 

regulations governing the 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 

concurrence from the Secretary of 

Commerce, NMFS publishes notice of 

the efficacy of the IPHC regulations in 

the Federal Register. On March 18, 

2024, NMFS published the IPHC 

regulations for the 2024 fishing year. 

IPHC regulations affecting sport fishing 

for halibut and vessels in the charter 

halibut fishery in IPHC regulatory areas 

2C (Southeast Alaska) and 3A (South 

Central Alaska) may be found in that 

final rule (89 FR 19275, March 18, 

2024). 

Section 5 of the Halibut Act provide 

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, which is 

currently the Department of Homeland 

Security. 

The Halibut Act at 16 U.S.C. 773(c) 

also provides the Council with authority 

to develop regulations for waters off 

Alaska, 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 

exercised this authority in the 

development of halibut fishery 

management measures, codified at 50 

CFR 300.65 through 300.67 and part 

600. The Council also developed the 

IFQ Program for the commercial halibut 

and sablefish fisheries, codified at 50 

CFR part 679. Management of halibut in 

the IFQ Program is authorized under 

section 5 of the Halibut Act. 

Background 

The Halibut Fisheries in Alaska 

The harvest of halibut in Alaska 

occurs in three fisheries—the 

commercial, sport, and subsistence 

fisheries. The commercial halibut 

fishery is managed under the IFQ 

Program that assigns catch shares to 

qualified persons as described at 50 CFR 

300.65. Sport fishing for halibut in IPHC 

regulatory areas 2C and 3A are subject 

to different regulations, depending on 

whether those activities are guided (i.e., 

charter) or unguided. The subsistence 

halibut fishery is a non-commercial 

fishery that provides opportunities for 

customary and traditional use of halibut 

to Alaska rural residents and members 

of qualified Alaska Native Tribes, as 

described at 50 CFR 300.65. 

The following sections of the 

preamble summarize charter halibut 

fishery management and aspects of the 

commercial halibut IFQ fishery that are 

relevant for the proposed RQE Program 

fee collection. 

Charter Halibut Fishery 

Charter fishing is subject to 

restrictions under Federal regulations 

that are generally more restrictive than 

the regulations applicable to unguided 

anglers. Charter fishery regulations 

apply if a charter vessel guide is 

providing sport fishing guide services 

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. 

Throughout this preamble, the terms 

‘‘charter fishery’’, ‘‘charter vessel 

operator’’, ‘‘charter vessel’’, ‘‘charter 

vessel angler’’, ‘‘sport fishing guide 

services’’ and ‘‘charter vessel guide’’ 

refer to the guided sport fishery for 

halibut in Alaska. Unguided anglers 

typically use their own vessels and 

equipment, or they may rent a vessel 

and fish with no assistance from a 

charter vessel guide. 

Over the years, NMFS has developed 

specific management programs for the 

charter fishery to achieve allocation and 

conservation objectives. NMFS has 


lotter on DSK11XQN23PROD with PROPOSALS1
86774 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 

developed these programs with the 

intent of maintaining stability and 

economic viability in the charter 

fishery. The first major action was the 

Charter Halibut Limited Access Plan 

(CHLAP), which established limits on 

the number of charter vessel operators 

beginning in 2011. Three years later, 

NMFS implemented the halibut Catch 

Sharing Plan (CSP). The CSP established 

annual halibut allocations to the charter 

and commercial fisheries that vary with 

abundance. It also developed a process 

for determining annual management 

measures to limit charter harvest to the 

annual halibut allocations in IPHC areas 

2C and 3A. The CHLAP and the CSP are 

summarized below. 

Charter Halibut Limited Access Program 

NMFS promulgated the CHLAP in 

January 2010 (75 FR 554, January 5, 

2010). The CHLAP established Federal 

CHPs which have been required for 

charter vessel guides in the charter 

halibut fishery in IPHC regulatory areas 

2C and 3A since 2011. The CHLAP is 

intended to provide stability in the 

charter fishery by limiting the number 

of charter vessels operating in areas 2C 

and 3A. The CHLAP also issues a 

limited number of community charter 

halibut permits to Community Quota 

Entities (CQE), which are non-profit 

corporations representing specified 

rural communities, and Military charter 

halibut permits to the U.S. Military 

Morale, Welfare, and Recreation (MWR) 

program for its service members. In 

total, for all types of CHPs, NMFS has 

issued 1,066 CHPs: 578 in for area 2C 

and 488 for area 3A. 

Since implementation of the CHLAP, 

all charter vessel guides and charter 

vessel operators in areas 2C and 3A with 

charter vessel anglers on board must 

have an original, valid CHP on board 

during charter vessel fishing trips on 

which halibut are caught and retained. 

CHPs are endorsed for a specific IPHC 

regulatory area (area 2C or 3A) and the 

maximum number of charter vessel 

anglers that may catch and retain 

halibut on a charter vessel fishing trip. 

Charter vessel angler endorsements on 

CHPs range from 4 to 38 anglers. 

CHPs were issued as either 

transferable or non-transferable permits, 

depending on the level of participation 

of the license applicant during the 

qualifying years for the specific IPHC 

regulatory area (area 2C or 3A). Nontransferable permits are intended to be 

phased out when the individual or 

entity that was issued the permit no 

longer participates in the charter 

fishery. Approximately 25 percent of the 

CHPs issued in the combined areas are 

non-transferable. 

CHPs may be used by persons other 

than the permanent holder (i.e., owner) 

of the CHP. Most commonly, this occurs 

when a CHP is used by a charter vessel 

guide who is an employee of the holder 

of the CHP. This is common at sport 

fishing lodges which use multiple boats, 

fishing guides, and CHPs. In other cases, 

a CHP may be temporarily leased, where 

the holder of the CHP is compensated 

by another party for the use of the 

permit. Due to this flexibility, and to 

ensure that non-transferable CHPs are 

correctly phased-out, a CHP holder must 

register their CHP(s) each calendar year 

to be valid. 

Additional details on the 

development and rationale for the 

CHLAP can be found in the proposed 

rule for the CHLAP (74 FR 18178, April 

21, 2009). 

Catch Sharing Plan for IPHC Regulatory 

Areas 2C and 3A 

NMFS implemented the CSP in 

January 2014 (78 FR 75844, December 

12, 2013). The CSP replaced a Guideline 

Harvest Level that was in place from 

2004 through 2013 for managing the 

charter fisheries in areas 2C and 3A. 

Under the CSP, a combined catch limit 

for areas 2C and 3A is divided into 

separate allocations for the commercial 

IFQ fisheries and the charter fisheries, 

pursuant to the CSP’s allocation 

formulas. The CSP is intended to 

balance the differing needs of the 

commercial and charter fisheries over a 

wide range of halibut abundance. 

Additional detail on the development 

and rationale for the CSP can be found 

in the preamble for the CSP proposed 

rule (78 FR 39122, June 28, 2013), and 

in the final rule implementing the CSP 

(78 FR 75844, December 12, 2013). 

Commercial Individual Fishing Quota 

Fishery 

The commercial halibut fishery off 

Alaska is also commonly referred to as 

the ‘‘directed halibut fishery.’’ Both the 

commercial halibut and sablefish 

fisheries off Alaska are managed under 

the IFQ Program, which was 

implemented in 1993 (58 FR 59375, 

November 9, 1993). The IFQ Program 

limits access to the commercial directed 

halibut fishery to those persons holding 

halibut QS in specific management 

areas. Halibut QS provides individual 

harvesting privileges that are allocated 

on an annual basis through the issuance 

of IFQ permits. Quota shares are 

classified by regulatory area and in one 

of four vessel size classes. Additionally, 

to constrain consolidation, QS were 

initially issued as either blocked or 

unblocked units. Persons received their 

QS in a block if their QS would have 

resulted in less than 20,000 pounds of 

IFQ at initial allocation in 1994. 

Blocked QS must be sold as a unit, and 

cannot be separated. No person may 

hold more than three blocks of halibut 

QS in any IFQ regulatory area. 

The specific amount of IFQ (in net 

pounds) is determined annually for each 

IFQ permit holder in a regulatory area 

by the number of QS units the person 

holds, the total number of QS units 

issued in the area, and the total pounds 

of halibut allocated to the directed 

commercial fishery. Therefore, if the 

abundance of halibut decreases, the 

catch limit will decrease and, 

subsequently, the number of pounds on 

a person’s annual IFQ permit also will 

decrease. 

Regulations allow QS to be transferred 

among initial recipients and to other 

individuals meeting specific eligibility 

requirements. When the initial RQE 

Program rules became effective in 2018 

(83 FR 47819, September 21, 2018), the 

RQE became eligible to receive 

commercial halibut QS in IPHC 

regulatory area 2C or 3A by transfer. 

Process for Setting Annual Management 

Measures 

The CSP also describes a public 

process by which the Council develops 

recommendations to the IPHC for 

charter fishing regulations (annual 

management measures) that are 

intended to keep the charter fishery 

harvest within the allocations 

established for IPHC regulatory areas 2C 

and 3A. 

Each October, the Council’s Charter 

Halibut Management Committee 

(Charter Committee) reviews charter 

harvest in areas 2C and 3A during the 

current year in relation to the charter 

halibut catch limit. Staff from the 

Alaska Department of Fish and Game 

(ADF&G) provide an analysis and 

background information used to predict 

charter halibut harvest for the upcoming 

year under a range of alternative 

management measures. These measures 

may include those that would directly 

restrict the number or size of halibut 

that may be retained (e.g., daily bag 

limits, trip limits, annual limits, and 

size limits), as well as measures that 

would indirectly restrict the number of 

halibut that may be retained (e.g., day 

closures, limits on the number of charter 

vessel trips a charter vessel may make, 

or a prohibition on harvest by charter 

vessel operators, charter vessel guides, 

and crew members). After reviewing 

this analysis, the Charter Committee 

makes specific recommendations on 

possible management measures for areas 

2C and 3A to be analyzed for the coming 

year. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 86775 

Each December, the Charter 

Committee and the Council review the 

completed analysis. The Council 

considers the recommendations of the 

Charter Committee and also solicits 

public comments on the management 

measures. Ultimately, the Council 

selects management measures to 

recommend to the IPHC to keep charter 

harvests to within the charter fishery 

allocations in the respective regulatory 

areas. 

At its annual meeting each January, 

the IPHC establishes coast wide and 

regulatory area mortality limits, which 

include mortality from all sources. This 

IPHC process also includes adopting 

allocation schemes for domestic catch 

sharing plans that have been developed 

by the respective contracting parties to 

the IPHC. Included in this process are 

the IPHC’s consideration of the CSP 

commercial and charter allocations in 

areas 2C and 3A. Along with the CSP 

allocations, the IPHC also reviews the 

charter halibut management measures 

recommended by the Council for areas 

2C and 3A, and adopts regulations 

designed to keep charter halibut 

harvests within their annual allocations 

in the respective areas. Once accepted 

by the Secretary of State, with the 

concurrence of the Secretary of 

Commerce, NMFS publishes in the 

Federal Register the charter halibut 

management measures for each area as 

part of its annual management 

measures. 

Examples of Charter Halibut Annual 

Management Measures 

As noted above, sport fishing for 

halibut in areas 2C and 3A is subject to 

different regulations, depending on 

whether those activities are guided (i.e., 

charter) or unguided. Charter sport 

fishing regulations are generally more 

restrictive than the regulations for 

unguided anglers. While the unguided 

halibut daily bag limit regulations have 

remained unchanged for many years 

and allow two halibut of any size per 

day to be retained, the annual charter 

regulations are determined by an 

analysis of the performance of previous 

years’ charter regulations combined 

with predictions of charter angling effort 

for the upcoming year. The Charter 

Committee seeks to balance effective 

harvest restrictions with mitigating 

economic harm, by recommending rules 

that reflect the differing halibut 

allocations for and angler effort in area 

2C and area 3A, respectively, and that 

will be equitable across the many 

different charter business models in area 

2C and area 3A. 

For example, in area 2C, charter 

vessel anglers have been restricted to 

harvesting a bag limit of one halibut per 

person, per day since 2009. A daily bag 

limit is the maximum number of halibut 

a person may retain in any calendar day. 

The initial implementation of a onehalibut daily bag limit was intended to 

keep charter fishery harvests to 

approximately the amount of the 

Guideline Harvest Level; then, after 

2014, to stay within the allocations 

established under the CSP. Over the 

years, in addition to the one-fish daily 

bag limit, area 2C management measures 

have included limits on the maximum 

number of fishing lines that may be 

deployed from a charter vessel, day of 

the week closures, and reverse slot 

limits that allow charter vessel anglers 

to retain halibut that are either below or 

above a specific size range. 

In area 3A, a 2-fish daily bag limit 

with no size limits was maintained 

during the Guideline Harvest Level 

years and has been maintained under 

the CSP. However, after the CSP became 

effective in 2014, the area 3A 

management measures have also 

employed other restrictions. These 

measures have included a maximum 

size limit on one of the two retained 

halibut, a 4-fish annual limit for each 

charter vessel angler, closures to halibut 

retention on specific days of the week, 

a limit of only 1 charter vessel fishing 

trip per day per charter vessel, and a 

limit of 1 charter vessel fishing trip in 

which halibut are caught and retained 

per day for a CHP. 

As halibut abundance has decreased 

over the last 10 years, and management 

measures have generally become more 

restrictive in the charter halibut fishery, 

this has led to the development of four 

programs to allow interested CHP 

holders to harvest additional fish to 

meet their business needs. These four 

programs are discussed below. 

Guided Angler Fish Program 

As part of the 2014 CSP, NMFS 

implemented the Guided Angler Fish 

(GAF) Program to authorize limited 

annual transfers of commercial halibut 

IFQ as GAF to qualified CHP holders. 

Using GAF, qualified CHP holders who 

are issued a GAF permit may offer 

charter vessel anglers the opportunity to 

retain halibut up to the limit for 

unguided anglers when charter 

management measures limit charter 

vessel anglers to a more restrictive 

harvest limit. For example, if charter 

management regulations in area 2C 

restrict charter vessel anglers to a 1- 

halibut daily bag limit, a charter vessel 

angler could use GAF to retain a second 

halibut, bringing the angler’s total 

retained amount to 2 halibut—the same 

daily bag limit that applies to unguided 

anglers. 

NMFS issues GAF in whole numbers 

of halibut based on a conversion factor 

from IFQ pounds. Conversion factors are 

based on the average net weights of GAF 

harvested in the applicable IPHC 

regulatory area (area 2C or 3A) during 

the previous year. Average weight is 

determined from data that charter vessel 

guides report directly to NMFS. 

The GAF Program has three 

restrictions on GAF transfers. First, IFQ 

holders in area 2C are limited to 

transferring up to 1,500 pounds or 10 

percent, whichever is greater, of their 

initially-issued halibut IFQ for use as 

GAF. In area 3A, IFQ holders may 

transfer up to 1,500 pounds or 15 

percent, whichever is greater, of their 

initially-issued halibut IFQ for use as 

GAF. Second, no more than 400 GAF 

will be assigned during 1 year to a GAF 

permit assigned to a holder of a CHP 

that is endorsed for 6 or fewer anglers. 

Third, no more than a total of 600 GAF 

will be assigned during 1 year to a GAF 

permit assigned to a holder of a CHP 

endorsed for more than 6 anglers. The 

restrictions on transfers of GAF are 

intended to prevent a particular 

individual, corporation, or other entity 

from acquiring an excessive share of 

halibut fishing privileges as GAF. 

The GAF Program is described in 

more detail in the proposed rule for the 

CSP (78 FR 39122, June 28, 2013). 

Community Quota Entity Program 

In 2004, the Council revised the IFQ 

Program to allow a distinct set of 46 

remote Alaska coastal communities to 

form non-profit CQEs to purchase and 

hold catcher vessel halibut and sablefish 

QS in areas 2C, 3A, and 3B (69 FR 

23681, April 30, 2004). That action was 

implemented to help promote access 

and sustained participation by those 

communities in the commercial halibut 

and sablefish fisheries. The IFQ 

resulting from the QS held by CQEs 

must be leased (i.e., made available for 

fishing) to community residents 

annually. Currently, 28 communities 

have formed CQEs and have applied for 

and been approved to obtain QS by 

transfer. Of those 28 CQEs, four have 

purchased QS. 

CQEs may also apply to NMFS to 

participate in the charter halibut fishery 

either by purchasing CHPs, or by being 

granted community charter halibut 

permits, which are similar to CHPs but 

are available only to CQEs. To date, 

NMFS has issued 48 community charter 

halibut permits for area 2C and 63 

community charter halibut permits for 

area 3A to CQEs. Charter vessel anglers 

on vessels using community charter 


lotter on DSK11XQN23PROD with PROPOSALS1
86776 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 

halibut permits are subject to the same 

annual management measures and other 

regulations as other CHP holders. 

Military Morale, Welfare, and 

Recreation Program 

In addition to granting community 

charter halibut permits to CQEs, as 

noted above, the CHLAP also granted 

CHPs to charter vessels operated by any 

MWR program in Alaska. To operate a 

charter vessel, the MWR program must 

apply to NMFS to obtain a special 

military charter halibut permit. Each 

military charter halibut permit is non– 

transferable and valid only in the 

regulatory area designated on the 

permit. Currently the Alaska MWR 

program has been issued seven military 

charter halibut permits. Similar to the 

community charter halibut permits 

issued to CQEs, the military charter 

halibut permits are also subject to the 

same annual management measures and 

other regulations as other CHP holders. 

Recreational Quota Entity Program 

The RQE Program was established in 

2018 as part of the IFQ Program in IPHC 

regulatory areas 2C and 3A. The 

program allows the RQE designated by 

NMFS to purchase and hold a limited 

amount of commercial halibut QS that 

would yield pounds of Recreational 

Fishing Quota (RFQ). RFQ is the pounds 

of halibut issued to a RQE on an annual 

basis to supplement the amount of 

halibut available for harvest in the 

charter halibut fishery (83 FR 47819, 

September 21, 2018). The RQE Program 

therefore provides a mechanism for 

compensated reallocation of a portion of 

commercial halibut QS to the charter 

fishery, which may result in less 

restrictive annual management 

measures for the charter fishery. 

RQE regulations at § 679.42(f) 

establish limits on the amount of QS 

that the RQE can receive by transfer 

annually and hold in total. 

Additionally, the sum of QS held by the 

RQE, plus the QS associated with the 

charter halibut GAF program, may not 

exceed the total QS holding or use 

limits allowed in area 2C or 3A, 

respectively. RQE regulations at 

§ 679.42(f) also limit the specific types 

of QS that the RQE may purchase. In 

general, the RQE is prohibited from 

purchasing smaller commercial 

holdings (i.e., ‘‘blocks’’) of commercial 

QS as well as QS that is assigned to 

smaller vessels (e.g., QS assigned to 

vessel category D). 

RQE regulations at § 679.40(c) call for 

a redistribution of QS under 

circumstances when the RQE might 

hold ‘‘excess’’ QS. If the RQE holds an 

amount of QS that allows charter vessel 

anglers to harvest a daily limit of two 

halibut of any size in a regulatory area, 

then any poundage the RQE holds over 

that amount must be temporarily (for 

that fishing year) redistributed from the 

RQE back to the commercial fishery. 

Fifty percent of the redistributed 

poundage would be assigned to 

qualifying CQEs in the affected 

regulatory area (area 2C or area 3A), and 

the remaining 50 percent would be 

assigned to catcher vessel QS holders in 

the applicable area who hold relatively 

small amounts of QS; specifically, 

persons who hold not more than 32,333 

QS units in area 2C, or 47,469 QS units 

in area 3A (the equivalent of 2,000 

pounds of IFQ in the respective areas in 

2015). 

RQE regulations at § 679.41(g)(10)(iv) 

also allow the RQE to transfer its QS 

back to persons in the commercial 

halibut sector. This feature of the 

program requires that QS transferred to 

the RQE must retain its original vessel 

category and block designation. 

The RQE is responsible for paying the 

IFQ fee liability for all RFQ issued to the 

RQE under regulations at § 679.45(a)(2). 

NMFS calculates the fee based on the 

RFQ pounds issued to the RQE and the 

IFQ standard ex-vessel value. To date, 

NMFS has not calculated an IFQ fee 

liability for the RQE because NMFS has 

not issued any RFQ. 

RQE Program regulations at §§ 679.5 

and 679.41(g) provide monitoring and 

transparency provisions. The RQE must 

maintain its non-profit and tax-exempt 

status and if the RQE entity does not do 

so, NMFS would not issue RFQ to the 

RQE. The RQE is also required to file an 

annual report with the Council by 

January 31 to provide details on its 

administration and business operations 

for each year it holds QS. This report 

allows the Council and NMFS to track 

the RQE’s development and activities to 

provide transparency and 

accountability. The RQE is required to 

include the following general 

information in its annual report: (1) any 

changes to the bylaws, board of 

directors, or other key management 

personnel of the RQE during the 

preceding year; (2) amounts and 

descriptions of the RQE’s annual 

administrative expenses; (3) amounts 

and descriptions of funds the RQE spent 

on conservation, research, and 

promotion of the halibut resource and a 

summary of the results of those 

expenditures; and (4) amounts and 

descriptions of all other RQE expenses. 

Additionally, the RQE is required to 

submit the following information in its 

report by regulatory area: (1) the total 

amount of halibut QS by vessel category 

and block held by the RQE at the start 

of the calendar year, on October 1, and 

at the end of the calendar year; (2) a list 

of all transfers (purchases, sales, and 

any other transfers) of halibut QS, 

including transaction prices if 

applicable; and (3) the number of CHPs 

and associated charter vessel angler 

endorsements purchased and held by 

the RQE. 

If the RQE holds QS in the previous 

year and has not submitted a timely and 

complete annual report by the January 

31 deadline, NMFS would not approve 

any QS transfer nor issue any RFQ until 

the RQE submits the report. The RQE 

must submit the annual report to both 

the Council and to NMFS. 

In March 2020, NMFS approved the 

application of the Catch Accounting 

Through Compensated Halibut (CATCH) 

Association to serve as the RQE. CATCH 

is currently eligible to purchase and 

permanently hold halibut QS, but to 

date, CATCH has not received any 

halibut QS transfers. More details on the 

RQE Program is provided in the RQE 

Program proposed (82 FR 46016, 

October 3, 2017) and final rules (83 FR 

47819, September 21, 2018). 

Purpose and Need for This Proposed 

Rule 

During the development of the RQE 

Program, the Council did not 

recommend a specific means to fund the 

RQE’s purchase of commercial halibut 

QS or to pay for other RQE expenses 

because NMFS did not have the 

statutory authority to develop such 

rules. Under existing regulations, the 

RQE could administer its own means of 

generating funds to purchase 

commercial halibut QS. However, the 

RQE has not done so because the 

current regulations do not allow CHP 

holders or their charter vessel anglers 

who do not contribute to the RQE to be 

excluded from accessing the additional 

pounds of halibut available through 

RQE halibut QS holdings. Without an 

enforceable mechanism requiring all 

CHP holders to contribute money to the 

RQE, there would likely be charter 

fishing businesses that would benefit 

from, but not contribute to, the expenses 

of the RQE. 

Based on the above findings, the 

Council agreed that a regulatory 

program would be necessary to establish 

a fee imposed on all CHP holders to 

fund RQE QS purchases. From 2019 

through 2022, Congress considered 

legislation that would grant NMFS 

authority to establish such a program. 

As Congress developed this legislation, 

the Council simultaneously began the 

analytical process to examine the 

administrative requirements necessary 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 86777 

to implement an RQE Program fee 

collection. 

As the Council analyzed alternatives 

for an RQE Program fee collection, the 

Council stated that its principal 

objective was to complete the 

development of the RQE Program so that 

it is fully functional. The Council 

indicated that would require the RQE to 

have access to sufficient funds to 

purchase meaningful amounts of 

commercial halibut QS and that 

enforceable rules would be necessary to 

establish a fee collection system that 

was fair and reasonable to all 

participants. A functioning RQE 

Program is intended to promote longterm efficiency in the use of the halibut 

resource by allowing compensated 

transfers of QS between commercial QS 

holders and the charter fishery, through 

the RQE, under a ‘‘willing buyer and 

willing seller’’ approach. 

The Council, in April 2022, 

recommended to the Secretary a stamp 

program to fund the RQE as its preferred 

alternative. The program would require 

a stamp for anglers to sport fish from 

charter vessels, and the fees from selling 

the stamps would fund the RQE’s 

purchase of halibut QS. Part of the 

Council’s rationale for recommending a 

stamp as a funding mechanism for the 

RQE to the Secretary is that it would 

achieve equity among CHP holders (i.e., 

charter fishing businesses would pay 

fees that are proportional to the number 

of charter vessel anglers that the 

business serves). Additionally, the 

Council noted that the stamp concept is 

used to access other fishing and hunting 

opportunities and should be familiar to 

sport fishing anglers, and therefore may 

increase acceptance of the fee. 

As noted above, the Driftnet 

Modernization and Bycatch Reduction 

Act authorizes the Council to 

recommend, and the Secretary of 

Commerce to approve, regulations that 

would collect fees from CHP holders to 

provide funding to the RQE. NMFS 

developed these regulations and the 

necessary mechanisms to implement the 

RQE Program fee collection. In October 

2024, the Council modified its 

recommendations from April 2022 to 

address NMFS’ specific recommended 

revisions to the earlier motion to clarify 

a simple and secure method of fee 

collection and adopt a single fee for 

halibut stamps instead of a tiered fee 

approach. Both changes maintain the 

overall intent for the program. These 

October 2024 recommendations are 

incorporated into this proposed rule and 

are discussed further below. 

This Proposed Rule 

Summary of the Proposed Rule 

NMFS proposes regulations that 

would require a stamp for all charter 

vessel anglers 18 years of age or older 

for each calendar day they intend to 

catch and retain halibut on a charter 

vessel in IPHC regulatory areas 2C and 

3A. The proposed fee for the daily 

stamp would be $20.00. The proposed 

regulations specify that the stamps 

would be obtained from NMFS and paid 

for by CHP holders who also hold a 

valid registration with ADF&G to 

provide sport fishing guide services in 

Alaska on saltwater. All CHP holders 

would be subject to these regulations, 

including CQEs and MWR programs 

holding any type of CHP. The stamps 

would be electronic. CHP holders would 

be able to log in to their CHP holder 

account to purchase stamps at any time 

and in any quantity. After the CHP 

holder purchases the stamps, they 

would be held in secure, individual 

CHP holder accounts that would be 

maintained by NMFS. Stamps would 

reside in the account indefinitely until 

they are debited by the stamp validation 

process discussed below. 

NMFS proposes that charter vessel 

guides, as defined at § 300.61, would be 

responsible for the validation of the 

stamps. Stamp validation means the 

action of the charter vessel guide to 

record the number of stamps that are 

required for a particular charter vessel 

fishing trip in the ADF&G saltwater 

charter logbook (ADF&G logbook). 

Validation would occur on ADF&G 

logbooks before each charter vessel 

fishing trip begins. A charter vessel 

guide will need to validate one stamp 

for each angler on board the charter 

vessel who intends to catch and retain 

halibut on that day. Current ADF&G 

regulations require charter vessel guides 

to upload or otherwise send their 

completed ADF&G logbook information 

to ADF&G on a regular schedule. The 

stamp validation information uploaded 

from ADF&G logbooks would be shared 

with NMFS. NMFS would compare 

stamp validation information from the 

ADF&G logbook with the individual 

CHP holder accounts. In this way, CHP 

holder accounts would contain a record 

of stamp purchases and validations. For 

example, if a logbook indicated that a 

total of 5 charter halibut stamps were 

required for a given trip, NMFS would 

look to the CHP holder’s account to 

verify that 5 stamps had been purchased 

to cover the stamps that were indicated 

as validated in the ADF&G logbook. 

CHP holders would be responsible for 

maintaining their accounts so that 

stamp validations do not exceed stamp 

purchases at the end of a fishing year. 

NMFS would transfer the collected 

stamp fees to a specific fund in the 

Federal Treasury, currently referred to 

as the RQE Fund, which has been 

created by Congress. From this account, 

Congress may make the money available 

to NMFS, to be used for the four 

purposes as specified in the Driftnet 

Modernization and Bycatch Reduction 

Act and described above. For the 

promotion of the halibut resource and 

the purchase of IFQ shares in IPHC 

areas 2C and 3A, NMFS intends to issue 

funds to the RQE through periodic 

grants. NMFS will also finance the 

administrative costs of the RQE program 

and support the halibut conservation 

and research with monies collected 

from the program and transferred from 

the RQE Fund to NMFS. 

Charter Halibut Stamp Accounts 

Under these proposed regulations, 

NMFS would administer the fee 

collection and issue stamps to CHP 

holders through a NMFS-approved 

system. Currently, NMFS maintains an 

online platform, eFish, that is accessed 

by Alaska fishery participants for a 

variety of purposes, including the 

annual registration of CHPs, recording 

the harvest of GAF, and paying business 

fishery fees. This platform is secure. 

NMFS intends to use this platform to 

allow CHP holders to create online 

accounts for purchasing stamps. The 

stamps would not be year-specific. If 

they are not used in a given fishing year, 

they would carry over to the next 

fishing year. Post-season reimbursement 

of purchased stamps would not be 

authorized. Further discussion on this 

subject is provided below. 

Each CHP holder, who holds one or 

more CHPs, would be responsible for 

creating an eFish online account and 

ensuring that fees are paid for the 

stamps. All CHPs held by a CHP holder 

would be added to a single eFish 

account, allowing stamps to be used 

freely across all CHPs on that account. 

For military charter halibut permits, the 

MWR would be considered the CHP 

holder. For community charter halibut 

permits, the CQE would be considered 

the CHP holder. Stamps would remain 

in the account until they are validated 

and debited from the account (i.e., until 

they are used). If the CHP is sold, the 

CHP holders would be held responsible 

for stamp validations that occurred 

during their respective periods of 

ownership. CHP holders would also be 

responsible for ensuring that the 

number of validated stamps from 

charter vessels that used their CHP does 

not exceed the number of stamps that 


lotter on DSK11XQN23PROD with PROPOSALS1
86778 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 

have been purchased in a given fishing 

year. In situations where a person holds 

more than one CHP, the stamp 

purchases and validations would be 

pooled across all of the person’s CHPs. 

If an uncorrected deficit of stamps exists 

from the previous fishing year for one or 

more CHPs, all other associated CHPs in 

that eFish account would be considered 

delinquent as well. 

CHPs are commonly leased, and the 

charter vessel guide who leases, or 

otherwise uses, the CHP may not be the 

person who holds (i.e., owns) the CHP. 

NMFS proposes that the CHP holder 

would be the person responsible for 

ensuring that an adequate number of 

stamps has been purchased to cover the 

number of stamp validations that are 

made by any person who leases, or 

otherwise uses, the CHP. This is 

consistent with other NMFS regulations, 

such as cost recovery fees, where fees 

are required to access fishing rights, and 

those rights may be leased to other 

persons. For example, IFQ lessees are 

not liable for IFQ program fees. The QS 

holder/lessor is responsible for fee 

payment. 

If the number of stamp validations 

exceeds the number of stamps 

purchased on a CHP holder account, 

under these proposed regulations NMFS 

would notify the CHP holders and give 

them the opportunity to reconcile the 

account payments prior to the annual 

fee payment deadline. Should a CHP 

holder disagree that their account 

reflects a purchase and validation 

imbalance, they would have the right to 

request a hearing and at such a hearing 

to present evidence to support their 

position. If NMFS ultimately determines 

that an account purchase and validation 

imbalance has not been reconciled for 

the previous fishing year, NMFS may 

suspend the use and transfer of any 

CHPs associated with the CHP holder 

account and may refer the issue to 

proper authorities for collection. 

Charter Stamp Transferability 

As discussed above, once purchased, 

the stamps would be linked to the eFish 

account of the CHP holder who 

purchased them. Stamps would not 

expire and, if they have not been 

validated by the end of the fishing year, 

they would roll over into the next 

fishing year. If a CHP is revoked or 

invalidated, the stamps would remain 

linked to the account that held that 

CHP. Should another valid CHP be 

transferred to the person, or entity, 

associated with that eFish account, the 

stamps would be available for use by the 

valid CHP. 

NMFS considered, but decided 

against, allowing for the transfer and 

reimbursement of purchased stamps. 

Given the purchase-as-needed flexibility 

built into the RQE Program fee 

collection, NMFS determined that 

allowing stamp transfers and 

reimbursements would serve limited 

purposes and materially increase the 

complexity and administrative costs 

associated with fee collection without 

proportionate benefits. The proposed 

RQE Program fee collection allows CHP 

holders to purchase stamps at any time 

during the season, allowing CHP 

holders to maintain an operable amount 

of stamps without the need to stockpile 

stamps. Additionally, CHP holders 

could reconcile stamp deficits prior to 

the end of the fishing year without 

penalty. If a CHP holder is uncertain of 

how many stamps they may need to use, 

or how much longer a non-transferable 

CHP is valid, they would be able to 

monitor their eFish CHP holder account 

and purchase stamps in small 

increments throughout the fishing year 

as needed. A surplus of stamps 

associated with a CHP that will not be 

used by the CHP holder in the 

foreseeable future, the CHP holder could 

enter into private business agreements 

and lease their CHP to deplete 

previously purchased stamps prior to 

the formal transfer of the CHP to a new 

holder. 

Intention To Catch and Retain Halibut 

NMFS proposes that charter vessel 

anglers who intend to catch and retain 

halibut must have a stamp assigned to 

them by the charter vessel guide, and 

that the stamp must be validated before 

the charter vessel begins a charter vessel 

fishing trip on a fishing day. The charter 

vessel guide is responsible for ensuring 

that each angler intending to catch and 

retain halibut has a validated stamp. 

The individual angler is, in contrast, not 

responsible for purchasing, possessing, 

or validating the stamp that is otherwise 

associated with the angler’s intention to 

catch and retain halibut. 

When considering what defines intent 

to catch and retain halibut, the 

Council’s motion aligns with the 

ADF&G king salmon stamp, which is a 

requirement for Alaska anglers ‘‘who 

fish for king salmon.’’ NMFS 

understands there may be charter vessel 

fishing trips where charter vessel 

anglers do not intend to retain a halibut; 

for example, the anglers may decide to 

fish for other bottom fish on a day when 

halibut retention is not allowed. In that 

case, a stamp would not be required. 

There may be other occasions when a 

charter vessel angler catches a halibut 

unintentionally (e.g., while fishing for 

salmon). Under these circumstances, if 

the charter vessel angler was assigned a 

stamp on that day prior to departing on 

the charter vessel fishing trip, they 

would be allowed to retain the halibut; 

otherwise, the halibut would have to be 

released. 

Age Limit on Requirement for Charter 

Halibut Stamps 

NMFS proposes to exempt charter 

vessel guides from validating stamps for 

youth anglers, specifically minors under 

Alaska State law. The rationale for 

requiring stamps be validated only for 

anglers 18 years or older is consistent 

with analogous State of Alaska licensing 

requirements that require a king salmon 

stamp for all anglers 18 years or older. 

Charter Halibut Stamp Validation 

NMFS proposes, requiring that stamps 

be validated before each charter vessel 

fishing trip begins, and that charter 

vessel guides would be responsible for 

the validation of the stamps. For a given 

charter vessel fishing trip, a stamp 

would be valid from the time that it is 

validated, Alaska local time, through 

2400 on the calendar day for which it 

was validated, Alaska local time, and 

would not be transferable between 

charter vessel anglers nor allowed to be 

used on any other charter vessel fishing 

trip. For the purposes of stamps, a 

charter vessel fishing trip that spans 

multiple days would treat each calendar 

day as an individual charter vessel 

fishing trip, meaning that a stamp 

would need to be validated for each 

angler on each calendar day. In the case 

of a charter vessel angler who goes on 

multiple charter vessel fishing trips in 

one calendar day, a stamp would be 

required to be validated for that angler 

for each charter fishing trip. 

A charter vessel fishing trip, as 

defined at § 300.61, begins with the first 

deployment of fishing gear into the 

water from a charter vessel by a charter 

vessel angler. Federal regulations 

require charter vessel guides to enter the 

name and sport fishing license number 

of each charter vessel angler in the 

ADF&G logbooks their business was 

assigned before a trip begins. Charter 

vessel guides would use the ADF&G 

logbook to validate the number of 

stamps that are needed for that charter 

trip at that same time. Pre-trip 

validation would also be an 

enforcement feature in that it would 

prevent charter vessel guides from 

opportunistically validating stamps only 

when they anticipate being contacted by 

law enforcement. Currently, NOAA 

Office of Law Enforcement inspections 

of charter vessels routinely include an 

inspection of the charter vessel’s 

ADF&G logbook. The presence or 

absence of validated stamps for each 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 86779 

charter vessel angler in the ADF&G 

logbooks would be an efficient, nonintrusive means to ensure compliance 

with stamp requirements. 

The Fee for Charter Halibut Stamps 

After soliciting comments in a public 

outreach process, and analyzing tiered 

fees more closely, NMFS and the 

Council recommended a single, $20.00 

fee. The $20.00 fee would apply to each 

day that a stamp is required for a charter 

vessel angler who intends to catch and 

retain halibut. The $20.00 fee is 

expected to provide the RQE Program 

with meaningful funding to benefit the 

entire charter halibut fishery and 

halibut resource while limiting the cost 

burden experienced by the individual 

CHP holders that would pay the fee. 

Section 3.5.1.2 of the RIR describes 

expected fee collections across a range 

of stamp prices (see ADDRESSES). It is 

uncommon for a charter vessel angler to 

undertake multiple charter halibut 

fishing trips in a single day. Including 

the ability for a charter vessel angler to 

use a single stamp across multiple 

charter vessel fishing trips in a single 

day would add significant cost and 

complexity to the administration and 

enforcement of stamps for a situation 

that does not occur often. As such, a 

stamp is required for each charter vessel 

angler intending to catch and retain 

halibut for each charter vessel fishing 

trip in a day. 

The Council and NMFS considered, 

but did not select, a tiered fee structure 

for several reasons. The Council’s 

original motion in April 2022 called for 

a tiered fee structure for stamps, which 

would provide a discount for stamps 

that are valid for multiple days of 

halibut fishing. The motion called for a 

$20.00 daily fee for persons who fish 

one or two days, $40.00 for persons who 

fish up to three days, and $60.00 for 

persons who fish seven or more days. 

Although tiered fees are common among 

other State of Alaska stamps and 

licenses, all the State of Alaska tiered 

fees that were analyzed for this action 

are linked to a specific person and must 

be purchased by the actual license 

holder. Additionally, during the 

outreach process, CHP holders pointed 

to a lack of equity among fishing 

businesses if tiered fees were 

implemented. Operations that cater 

almost exclusively to one or two-day 

trips would be responsible for paying 

fees at the highest level, while other 

operations that log the same number of 

angler days, but whose guests tend to 

fish for three or more days, would 

contribute proportionately less to the 

RQE. 

Finally, NMFS and the Council 

identified concerns with the cost and 

complexity of administering tiered fees, 

where electronic stamps and their 

respective validation dates would have 

to be tied to individual anglers over 

multiple days. The burden to issue 

unique stamps and track their use for 

individual anglers would likely be 

particularly difficult among large 

operations where guests commonly fish 

for varying numbers of days and move 

between boats during their stay, or to 

accommodate anglers who change their 

intentions for halibut fishing daily. 

Compared with a single-fee approach, 

this added administrative complexity 

would significantly undermine the 

Council’s and NMFS’s goal of enacting 

a simple, inexpensive fee collection 

strategy. Given the trade-offs of greater 

complexity, higher costs, information 

collection burdens, and equity in fee 

collections, the Council revised its 

recommendation to endorse a single 

$20.00 fee and NMFS proposes a singlefee approach to issuing stamps. 

Changes to the Fee 

Under this proposed rule, the RQE 

could petition NMFS to increase, 

decrease, or suspend the fee for the 

stamp beginning in 2028. The fee for the 

stamp could not increase by more than 

10 percent of the fee in the previous 

fishing year. After 2028, NMFS would 

provide the Council with an update on 

any fee increase requests and any fee 

increases would be implemented in 

regulations. The limitation on fee 

increases, including the limitation on 

changes to the fee prior to 2028, was 

recommended by the Council to protect 

the interests of CHP holders who might 

be concerned with significant, and 

immediate, fee increases. 

NMFS also proposes regulations that 

would allow for suspension of the 

stamp requirement and fee collection, if 

necessary. As noted in this preamble, 

the RQE has limits on the amount of 

commercial halibut QS it may purchase. 

The proposed regulations would 

authorize NMFS to temporarily or 

permanently suspend fee collection if a 

petition from the RQE is received. 

Additionally, NMFS proposes 

regulations that would allow the 

Regional Administrator to suspend the 

stamp requirement if the RQE is 

determined to be out of compliance 

with regulations, the RQE’s own bylaws, or other applicable law; the 

Regional Administrator approves a 

petition by the RQE to suspend the RQE 

fee collection; or Congress no longer 

provides authorization for the Secretary 

of Commerce to collect and spend the 

fees. 

NMFS also proposes regulations that 

would prohibit charter vessels from 

fishing for halibut in IPHC area 2C or 3A 

unless the charter vessel guide has 

validated a stamp for all charter vessel 

anglers 18 years or older who are on 

board the charter vessel and who intend 

to catch and retain halibut for each 

charter vessel fishing trip on that day. 

Additionally it would be prohibited to 

validate a stamp after the charter vessel 

fishing trip has begun, validate a stamp 

if the charter vessel guide does not have 

a valid CHP, or be a charter halibut 

permit holder and fail to purchase or 

hold a number of charter halibut stamps 

equal to or greater than the number of 

charter halibut stamp validations that 

were performed in a given fishing year. 

Classification 

The NMFS Assistant Administrator 

has determined that this proposed rule 

is consistent with section 106 of the 

Driftnet Modernization and Bycatch 

Reduction Act, the Magnuson-Stevens 

Act, the Halibut Act, and other 

applicable law, subject to further 

consideration of comments received 

during the public comment period. 

This proposed rule has been 

determined to not be significant for the 

purposes of Executive Order 12866. 

Regulatory Impact Review (RIR) 

An RIR was prepared to assess costs 

and benefits of available regulatory 

alternatives. A copy of this analysis is 

available from NMFS (see ADDRESSES). 

NMFS recommends this proposed rule 

based on its assessment of the net 

benefits to the Nation of these measures. 

Specific aspects of the economic 

analysis are discussed below in the 

Initial Regulatory Flexibility Analysis 

(IRFA) section. 

Initial Regulatory Flexibility Analysis 

This IRFA was prepared for this 

proposed rule, as required by section 

603 of the Regulatory Flexibility Act 

(RFA) (5 U.S.C. 603), to describe the 

economic impact this proposed rule, if 

adopted, would have on small entities. 

This IRFA describes the action; the 

reasons why this proposed rule is 

proposed; the objectives and legal basis 

for this proposed rule; the number and 

description of directly regulated small 

entities to which this proposed rule 

would apply; the recordkeeping, 

reporting, and other compliance 

requirements of this proposed rule; and 

the relevant Federal rules that may 

duplicate, overlap, or conflict with this 

proposed rule. This IRFA also describes 

significant alternatives to this proposed 

rule that would accomplish the stated 

objectives of the Magnuson-Stevens Act, 


lotter on DSK11XQN23PROD with PROPOSALS1
86780 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 

and any other applicable statutes, and 

that would minimize any significant 

economic impact of this proposed rule 

on small entities. The description of the 

proposed action, its purpose, and the 

legal basis are explained above in the 

SUPPLEMENTARY INFORMATION section of 

this proposed rule and are not repeated 

here. 

For RFA purposes only, NMFS has 

established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (see 50 CFR 200.2). 

The Small Business Administration has 

established a small business size 

standard applicable to charter fishing 

vessels (North American Industry 

Classification System (NAICS) code 

487210; size standards effective 

11.17.2022) of 14 million dollars. 

Number and Description of Small 

Entities Regulated by This Proposed 

Rule 

This action requires a charter halibut 

stamp for each charter vessel angler, 18 

years of age or older, for each day and 

each charter vessel fishing trip on which 

the charter vessel angler intends to 

catch and retain halibut on a charter 

vessel in IPHC regulatory area 2C or 3A. 

Charter vessel guides, as defined at 

§ 300.61, would be obligated to ensure 

that there are validated stamps for each 

charter vessel angler fishing for halibut 

on a charter vessel. CHP holders would 

be ultimately responsible for purchasing 

a sufficient quantity of stamps each 

fishing year. 

Thus, for RFA purposes, those entities 

that are directly regulated by the action 

are operators of charter halibut 

businesses (i.e., Sportfishing Guide 

Business Owners), charter vessel guides, 

CHP holders (including CHPs issued 

under the CQE and MWR programs), 

and the RQE. The thresholds applied to 

determine if an entity or group of 

entities is considered a ‘‘small’’ business 

under the RFA depends on the industry 

classification for the entity or entities. 

The ADF&G logbook data shows that 

between 2017 and 2022 there were as 

many as 478 charter halibut businesses, 

with the low count of 342 occurring in 

2021. The most recent data available 

shows 368 directly regulated charter 

halibut businesses in 2022. The count of 

directly regulated charter halibut guides 

was lowest in 2020, at 820 and highest 

in 2019 when 1,240 charter vessel 

guides participated in the affected 

fishery. Data for the most recent year, 

2022, identified 1,037 directly regulated 

charter vessel guides. Guides that are 

employees of charter halibut businesses 

are not directly regulated entities under 

the RFA. However, guides that are 

independent contractors are directly 

regulated by this action and would be 

considered directly regulated entities 

under the RFA. 

There is no annual census data 

collection of gross revenues for charter 

businesses or guides with which to 

compare to the $14 million threshold. A 

voluntary Alaska Saltwater Sport 

Fishing Charter Business Survey has 

been conducted by the Alaska Fisheries 

Science Center, which has gathered 

information on expenses, revenues, and 

business characteristics for the 2011, 

2013, 2015, and 2017 fishing years. As 

demonstrated in the most recent Cost 

and Earnings Report, as detailed in the 

RIR for this action, the mean gross 

revenue for the population of charter 

businesses was between $200,894 (in 

2012) and $302,609 (in 2013). These 

estimates are based on self-reported 

sales and revenues of charter trips (not 

necessarily charter vessel fishing trips 

for halibut) and include client referrals/ 

booking commission revenue as well as 

revenue accrued by leasing a CHP. 

These estimates do not account for 

values derived from additional 

accommodations or food/beverage 

service. 

Based on the difference between the 

Small Business Administration (SBA) 

threshold ($14 million) and the mean 

revenue for charter businesses reported 

in the RIR, the available evidence 

indicates that all directly regulated 

businesses and associated charter 

halibut guides are considered ‘‘small.’’ If 

a business was large enough, potentially 

including lodging and multiple 

recreational activities, it is possible it 

could exceed the SBA threshold. 

However, there is no data to identify if 

or how many businesses may fit into 

this category, thus all businesses are 

considered ‘‘small.’’ 

Moreover, there is no available data to 

determine the relationship charter 

guides have to the business (e.g., owner/ 

operator, hourly or salaried employee, 

contracted partnership, etc.). However, 

given the relative difference between 

estimated gross revenue at the business 

level and the $14 million threshold, 

those guides that represent a separate 

entity are very likely still considered a 

small entity by SBA standards. 

Similarly, CQEs, MWRs and the RQE are 

considered to be small entities due to 

their relationship to the charter fishery. 

Analysis of the QS purchase limitations 

of one percent annually and ten percent 

total are estimated to produce total 

value of just over $2 million in annual 

revenue by year ten in IPHC regulatory 

area 2C, and approximately $5.6 million 

in total value annual value after ten 

years in IPHC regulatory area 3A. Thus, 

the CQE and RQE entities are 

considered to be directly regulated 

small entities. 

Description of Significant Alternatives 

That Minimize Adverse Impacts on 

Small Entities 

The action alternative analyzed two 

options for funding the RQE. The first, 

and the basis of this action, is the stamp 

paid for by CHP holders with the stamp 

fees potentially passed on to individual 

charter vessel anglers. The second 

alternative is an annual CHP holder fee 

collection. Note that charter vessel 

anglers are considered individuals and 

not directly regulated small entities 

under the RFA definition. However, as 

demonstrated in this IRFA, based on the 

information that is available, all charter 

halibut businesses and charter vessel 

guides are considered to be directly 

regulated small entities. Charging an 

annual CHP holder-based fee that did 

not vary depending on the number of 

charter vessel anglers served may 

disproportionately impact some directly 

regulated small entities. The stamp 

method of fee collection would utilize a 

market-based approach to fund the RQE 

that is proportional to each CHP 

holder’s use of the resource. There 

would be costs associated with this 

action; however, development of the 

administrative elements of this action 

selected options designed to maximize 

efficiency and benefits to the directly 

regulated entities. These choices 

include allowing holders of multiple 

CHPs to pool their stamps for use on 

any of those CHPs, rolling unused 

stamps over to the next fishing year, 

disallowing transfers of stamps, and 

utilizing preexisting electronic systems 

for purchasing stamps. Furthermore, 

this action was supported by charter 

halibut fishery stakeholders. The 

analysis of benefits of the stamp fee 

collection funding mechanism indicates 

that this is a generally beneficial action 

in that it provides individual charter 

vessel anglers with potential 

opportunities for eased restrictions on 

halibut retention and greater business 

opportunities for charter halibut 

businesses and charter vessel guides. 

Thus, based upon the best available 

scientific data, it appears that there are 

no significant alternatives to the action 

that have the potential to accomplish 

the stated objectives of the section 106 

of the Driftnet Modernization and 

Bycatch Reduction Act, the MagnusonStevens Act, the Halibut Act, and any 

other statutes, and minimize any 

significant adverse economic impact of 

the action on small entities while 

preventing overfishing. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 86781 

Duplicate, Overlapping, or Conflicting 

Federal Rules 

NMFS has not identified any 

duplication, overlap, or conflict 

between this proposed rule and existing 

Federal rules. 

Recordkeeping, Reporting, and Other 

Compliance Requirements 

This proposed rule contains a 

collection-of-information requirement 

subject to review and approval by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA). This proposed rule revises 

the existing requirements for the 

collection of information for OMB 

Control Number 0648–0575 (Alaska 

Halibut Fisheries: Charter) by adding 

the purchase of charter halibut stamps, 

adding one new field to the existing 

ADF&G logbook to record the number of 

stamps validated on each charter vessel 

fishing trip, and adding appeals for an 

Initial Administrative Determination 

(IAD) received for incomplete payment 

of the charter halibut stamp fee liability. 

NMFS expects that every CHP holder 

would purchase stamps at least once per 

season, and likely at some periodic 

monthly or weekly interval. This 

proposed rule would not change the 

number of respondents or the responses 

for the ADF&G logbook. The ADF&G 

logbook is already completed for every 

charter vessel fishing trip, and the 

stamp validation field would be 

required to be completed for every 

charter vessel fishing trip that intends to 

catch and retain halibut. These 

information collections are necessary to 

collect fees, and administer, and enforce 

the RQE Program that was requested by 

the charter halibut fishery stakeholders. 

Public reporting burden is estimated to 

average 5 minutes to purchase charter 

halibut stamps; 5 minutes for the 

ADF&G logbook, which includes 1 

minute for completing the additional 

field in the logbook; and 4 hours for 

appeals. The 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 this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Submit 

comments on these or any other aspects 

of the collection of information at 

https://www.reginfo.gov/public/do/ 

PRAMain. Notwithstanding any other 

provisions 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. 

List of Subjects 

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. 

50 CFR Part 679 

Alaska, Fisheries, Reporting and 

recordkeeping requirements. 

Dated: October 25, 2024. 

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 parts 300 and 679 as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

Subpart E—Pacific Halibut Fisheries 

■ 1. The authority citation for part 300, 

subpart E, continues to read as follows: 

Authority: 16 U.S.C. 773–773k. 

■ 2. Amend § 300.61 by revising the 

definitions of ‘‘Charter halibut permit,’’ 

‘‘Charter vessel,’’ ‘‘Charter vessel 

angler,’’ ‘‘Charter vessel fishing trip,’’ 

and ‘‘Charter vessel guide’’ to read as 

follows: 

§ 300.61 Definitions. 

* * * * * 

Charter halibut permit means a permit 

issued by the National Marine Fisheries 

Service pursuant to § 300.67, and 

subject to requirements in §§ 300.65, 

300.66, and 300.67 and 50 CFR 679.7(q) 

and 679.46. 

Charter vessel, for purposes of 

§§ 300.65, 300.66, and 300.67 and 50 

CFR 679.7(q) and 679.46, means a vessel 

used while providing or receiving sport 

fishing guide services for halibut, and, 

for purposes of § 300.63, means a vessel 

used for hire in recreational (sport) 

fishing for Pacific halibut, but not 

including a vessel without a hired 

operator. 

Charter vessel angler, for purposes of 

§§ 300.65, 300.66, and 300.67 and 50 

CFR 679.7(q) and 679.46, means a 

person, paying or non-paying, receiving 

sport fishing guide services for halibut. 

Charter vessel fishing trip, for 

purposes of §§ 300.65, 300.66, and 

300.67 and 50 CFR 679.7(q) and 679.46, 

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 

§§ 300.65, 300.66, and 300.67 and 50 

CFR 679.7(q) and 679.46, 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. 

* * * * * 

■ 3. Amend § 300.65 by revising 

paragraphs (d)(1)(ii) and (d)(4)(ii)(B) 

introductory text and adding paragraph 

(d)(4)(ii)(B)(11) to read as follows: 

§ 300.65 Catch sharing plan and domestic 

management measures in waters in and off 

Alaska. 

* * * * * 

(d) * * * 

(1) * * * 

(ii) The charter vessel guide is 

responsible for complying with the 

reporting requirements of this paragraph 

(d) and 50 CFR 679.46. The person 

whose business was assigned an Alaska 

Department of Fish and Game Saltwater 

Sport Fishing Charter Trip Logbook is 

responsible for ensuring that the charter 

vessel guide complies with the reporting 

requirements of this paragraph (d) and 

50 CFR 679.46. 

* * * * * 

(4) * * * 

(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 and 50 CFR 679.46) in the 

Alaska Department of Fish and Game 

Saltwater Charter Logbook: 

* * * * * 

(11) Validation of charter halibut 

stamps. The charter vessel guide is 

responsible for complying with the 

charter halibut stamp validation 

requirements at 50 CFR 679.46. 

* * * * * 

■ 4. Amend § 300.67 by revising 

paragraph (a)(1) to read as follows: 


lotter on DSK11XQN23PROD with PROPOSALS1
86782 Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 

§ 300.67 Charter halibut limited access 

program. 

* * * * * 

(a) * * * 

(1) Requirements. 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 

§§ 300.65 and 300.66, this section, and 

50 CFR 679.46. 

* * * * * 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

■ 5. The authority citation for part 679 

continues to read as follows: 

Authority: 16 U.S.C. 773 et seq.; 1801 et 

seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. 

111–281. 

■ 6. Amend § 679.2 by adding in 

alphabetical order the definitions of 

‘‘Charter halibut permit,’’ ‘‘Charter 

halibut permit holder,’’ ‘‘Charter halibut 

stamp,’’ ‘‘Charter halibut stamp 

validation,’’ ‘‘Charter vessel,’’ ‘‘Charter 

vessel angler,’’ ‘‘Charter vessel fishing 

trip,’’ ‘‘Charter vessel guide,’’ 

‘‘Community charter halibut permit,’’ 

and ‘‘Military charter halibut permit’’ to 

read as follows: 

§ 679.2 Definitions. 

* * * * * 

Charter halibut permit (see § 300.61 of 

this title). 

Charter halibut permit holder, for 

purposes of § 300.67 of this title and 

§ 679.46, means the person identified on 

a charter halibut permit, community 

charter halibut permit, or military 

charter halibut permit. 

Charter halibut stamp means an 

electronic stamp that is required for 

each charter vessel angler, 18 years of 

age or older, for each day and each 

charter vessel fishing trip on which the 

charter vessel angler intends to catch 

and retain halibut on a charter vessel in 

International Pacific Halibut 

Commission (IPHC) regulatory area 2C 

or 3A. 

Charter halibut stamp validation 

means, with respect to the Recreational 

Quota Entity Program fee collection, as 

described at § 679.46, the charter vessel 

guide, as defined at § 300.61 of this title, 

recording the number of charter halibut 

stamps required for each charter vessel 

fishing trip the charter vessel guide 

provides sport fishing guide services, as 

defined at § 300.61, in the ADF&G 

saltwater charter logbook that is 

required by § 300.65(d) of this title. 

Charter vessel (see § 300.61 of this 

title). 

Charter vessel angler (see § 300.61of 

this title). 

Charter vessel fishing trip (see 

§ 300.61 of this title). 

Charter vessel guide (see § 300.61 of 

this title). 

* * * * * 

Community charter halibut permit 

(see § 300.61 of this title). 

* * * * * 

Military charter halibut permit (see 

§ 300.61 of this title) 

* * * * * 

■ 7. Amend § 679.4 by revising 

paragraphs (a)(1)(xv)(A) through (C) to 

read as follows: 

§ 679.4 Permits. 

(a) * * * 

(1) * * * 

If program permit or card type is: Permit is in effect from issue date through the end of: For more information, see . . . 

*******

(xv) * * * ........................................................... ....................................................................................................

(A) Charter halibut permit ................................. Until expiration date shown on permit ....................................... § 300.67 of this title and 

§ 679.46. 

(B) Community charter halibut permit ............... Indefinite unless invalidated under § 679.46(a)(1)(vi)(D) ........... § 300.67 of this title and 

§ 679.46. 

(C) Military charter halibut permit ..................... Indefinite unless invalidated under § 679.46(a)(1)(vi)(D) ........... § 300.67 of this title and 

§ 679.46. 

* * * * * * * 

* * * * * 

■ 8. Amend § 679.7 by adding paragraph 

(q) to read as follows: 

§ 679.7 Prohibitions. 

* * * * * 

(q) Recreational Quota Entity 

Program. (1) Be a charter vessel guide 

and use a charter vessel to fish for 

Pacific halibut in IPHC regulatory area 

2C or 3A unless the charter vessel guide 

has completed a charter halibut stamp 

validation for each charter vessel angler 

who is 18 years or older on board the 

charter vessel and intends to catch and 

retain Pacific halibut for each charter 

vessel fishing trip on that day. 

(2) Be a charter vessel guide and 

perform a charter halibut stamp 

validation after the charter vessel 

fishing trip has begun. 

(3) Be a charter halibut permit holder 

and fail to purchase or hold by the fee 

liability notice deadline specified in 

§ 679.46(a)(1)(v) a number of charter 

halibut stamps equal to or greater than 

the number of charter halibut stamp 

validations that were performed in a 

given fishing year. 

■ 9. Add § 679.46 to read as follows: 

§ 679.46 Recreational Quota Entity (RQE) 

Program fee collection. 

(a) Fee collection—(1) Charter halibut 

stamp. A charter halibut stamp is 

required for charter vessel anglers, 18 

years of age or older, for each day and 

each charter vessel fishing trip they 

intend to catch and retain halibut on a 

charter vessel in IPHC regulatory area 

2C or 3A. This includes charter vessel 

anglers on charter vessels operated 

under a charter halibut permit, 

community charter halibut permit, or 

military charter halibut permit issued 

pursuant to § 300.67 of this title. A 

charter halibut permit holder is 

responsible for purchasing the required 

number of charter halibut stamps and 

for complying with all other 

requirements of this section. The 

required number of charter halibut 

stamps is equal to or greater than the 

number of charter halibut stamp 

validations (as defined at § 679.2) 

performed in a given fishing year for 

each charter halibut permit(s), 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules 86783 

community charter halibut permit(s), or 

military charter halibut permit(s). 

(i) Validation of stamps. After 

determining the number of charter 

halibut stamps required under this 

paragraph (a)(1), the charter vessel guide 

must perform a charter halibut stamp 

validation as defined at § 679.2. 

(ii) Duration of validation. The charter 

halibut stamp that has received a charter 

halibut stamp validation, as defined at 

§ 679.2, is in effect from the time, A.l.t, 

that it is validated until 2400 hours, 

A.l.t., the same day. For the purposes of 

charter halibut stamp validation, if a 

charter vessel fishing trip lasts more 

than one calendar day, a charter halibut 

stamp is required for each charter vessel 

angler who is 18 years of age or older, 

for each calendar day that the charter 

vessel angler intends to catch and retain 

halibut. 

(iii) Non-transferability. Charter 

halibut stamps are not transferable. This 

includes: 

(A) After charter halibut stamp 

validation for an individual charter 

vessel angler, the charter halibut stamp 

may not be transferred to or used by any 

other person. 

(B) Charter halibut stamps may only 

be used for associated charter halibut 

permits in a given NMFS-approved 

account and may not be transferred 

between approved accounts. 

(iv) Rollover. A charter halibut stamp 

that has been purchased and has not 

received charter halibut permit 

validation does not expire. Such charter 

halibut stamps may be validated in a 

future fishing year. 

(v) Fee liability. If, by 2400 A.l.t. on 

December 31 of a given fishing year, a 

charter halibut permit holder, for one or 

more associated charter halibut permits 

in a NMFS-approved account, has not 

purchased a number of charter halibut 

stamps equal to or greater than the 

number of charter halibut stamps 

validated under that account for that 

same fishing year, the Regional 

Administrator will send a fee liability 

notice to the charter halibut permit 

holder. The fee liability notice will state 

the estimated fee liability, as 

determined by the number of charter 

halibut stamps validated for that fishing 

year in excess of the number of charter 

halibut stamps that have been 

purchased. A charter halibut permit 

holder has 30 days from the date of the 

notice to either pay the outstanding fee 

liability or demonstrate how the fee 

liability determination is in error. 

(vi) Underpayment of fee liability. If a 

charter halibut permit holder does not 

pay the fee liability or demonstrate how 

the fee liability determination is 

erroneous within 30 days as outlined in 

this paragraph (a)(1)(vi), the Regional 

Administrator may: 

(A) Issue an Initial Administrative 

Determination (IAD) upholding the fee 

liability determination; 

(B) Disapprove any transfer 

application of the charter halibut 

permit, and all associated charter 

halibut permits in a NMFS approved 

account, GAF, IFQ, or QS to or from the 

charter halibut permit holder until the 

charter halibut stamp fee liability is 

paid, except that NMFS may return 

unused GAF to the charter halibut 

permit holder’s account from which is 

was derived on or after the automatic 

GAF return date; 

(C) Disapprove the annual registration 

application of a charter halibut permit, 

and all associated charter halibut 

permits in a NMFS-approved account, 

in accordance with § 300.67(a) of this 

title, until the charter halibut stamp fee 

liability is paid; and 

(D) Invalidate a community charter 

halibut permit or military charter 

halibut permit until the charter halibut 

stamp fee liability is paid. 

(vii) Appeals. A charter halibut permit 

holder who receives an IAD for 

incomplete payment of the charter 

halibut stamp fee liability may appeal 

the IAD pursuant to 15 CFR part 906. 

(2) [Reserved] 

(b) Fee amount. (1) The fee for a 

charter halibut stamp is $20. 

(2) The RQE may petition NMFS to 

increase, decrease, or suspend the fee 

for a charter halibut stamp beginning on 

January 1, 2028. The fee for the charter 

halibut stamp may not increase by an 

amount more than 10 percent of the fee 

in the previous fishing year. 

(c) Fee payment to NMFS—(1) 

Obtaining charter halibut stamps. 

Charter halibut stamps must be obtained 

and applicable fees paid by persons 

who: 

(i) Have or are required to have a valid 

registration with ADF&G to provide 

sport fishing guide services (§ 300.61 of 

this title) in IPHC regulatory area 2C or 

3A; and 

(ii) Are a charter halibut permit 

holder. 

(2) Charter vessel guide 

responsibilities. Before each charter 

vessel fishing trip begins, the charter 

vessel guide is responsible for ensuring 

there is a charter halibut stamp that has 

received charter halibut stamp 

validation for each charter vessel angler, 

18 years of age or older, on board the 

charter vessel who intends to catch and 

retain halibut. 

(3) Fee payment. Fee payment must 

occur prior to the end of the fishing 

year. 

(d) RQE fee collection suspension. 

The Regional Administrator may 

suspend the RQE fee collection 

indefinitely, or until such a time that 

any identified RQE operational 

deficiencies are corrected, if: 

(1) Through the issuance of an IAD 

and the opportunity to appeal the IAD 

under 15 CFR part 906, the Regional 

Administrator determines that the RQE 

is out of compliance with regulations in 

this title, the RQE’s own by-laws, or 

other applicable law; 

(2) The Regional Administrator 

approves a petition by the RQE to 

suspend the RQE fee collection; or 

(3) Congress no longer provides 

authorization for the Secretary of 

Commerce to collect and spend fees. 

[FR Doc. 2024–25229 Filed 10–30–24; 8:45 am] 

BILLING CODE 3510–22–P 


lotter on DSK11XQN23PROD with PROPOSALS1