[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Proposed Rules]
[Pages 71729-71739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28443]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 140724618-4618-01]
RIN 0648-BE41


Pacific Halibut Fisheries; Revisions to Charter Halibut Fisheries 
Management in Alaska

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations that would revise Federal 
regulations regarding sport fishing guide services for Pacific halibut 
in International Pacific Halibut Commission Regulatory Areas 2C 
(Southeast Alaska) and 3A (Central Gulf of Alaska). The proposed 
regulations would remove the requirement that a guided sport (charter) 
vessel guide be on board the same vessel as a charter vessel angler to 
provide sport fishing guide services. This proposed rule would clarify 
that all sport fishing for halibut in which anglers receive assistance 
from a compensated guide would be managed under charter fishery 
regulations, and all harvest would accrue toward charter allocations. 
This proposed rule would align Federal regulations with State of Alaska 
regulations. Additional minor changes to the regulatory text pertaining 
to the charter halibut fishery would be required to maintain 
consistency in the regulations with these new definitions. This action 
is necessary to achieve the halibut fishery management goals of the 
North Pacific Fishery Management Council.

DATES: Comments must be received no later than January 2, 2015.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0097, 
by any of the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0097, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    <bullet> Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, 
AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on http://www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
N/A in the required fields if you wish to remain anonymous). 
Attachments to electronic comments will be accepted in Microsoft Word 
or Excel or Adobe PDF file formats only.
    Electronic copies of the Categorical Exclusion and the Regulatory 
Impact Review/Initial Regulatory Flexibility Analysis (RIR/IRFA) 
prepared for this action are available from http://www.regulations.gov 
or from the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted to NMFS at the above address and by email to 
<a href="/cdn-cgi/l/email-protection#27686e7566787452454a4e54544e484967484a450942485709404851"><span class="__cf_email__" data-cfemail="fbb4b2a9baa4a88e9996928888929495bb949699d59e948bd59c948d">[email protected]</span></a> or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Julie Scheurer, 907-586-7228.

SUPPLEMENTARY INFORMATION: The International Pacific Halibut Commission 
(IPHC) and NMFS manage fishing for Pacific halibut (Hippoglossus 
stenolepis) through regulations established under authority of the 
Northern Pacific Halibut Act of 1982 (Halibut Act). The IPHC adopts 
regulations governing the Pacific halibut fishery under the Convention 
between the United States and Canada for the Preservation of the 
Halibut Fishery of the North Pacific Ocean and Bering Sea (Convention), 
signed at Ottawa, Ontario, on March 2, 1953, as amended by a Protocol 
Amending the Convention (signed at Washington, DC, on March 29, 1979). 
For the United States, regulations developed by the IPHC are subject to 
acceptance by the Secretary of State with concurrence from the 
Secretary of Commerce. After acceptance by the Secretary of State and 
the Secretary of Commerce, NMFS publishes the IPHC regulations in the 
Federal Register as annual management measures pursuant to 50 CFR 
300.62. The final rule implementing IPHC regulations for the 2014 
fishing season was published March 12, 2014 (79 FR 13906). IPHC 
regulations affecting sport fishing for halibut and vessels in the 
charter fishery in Areas 2C and 3A may be found in sections 3, 25, and 
28 of that final rule.
    The Halibut Act, at sections 773c(a) and (b), provides the 
Secretary of Commerce with general responsibility to carry out the 
Convention and the Halibut Act. In adopting regulations that may be 
necessary to carry out the purposes and objectives of the Convention 
and the Halibut Act, the Secretary of Commerce is directed to consult 
with the Secretary of the department in which the U.S. Coast Guard is 
operating, currently the Department of Homeland Security.
    The Halibut Act, at section 773c(c), also provides the North 
Pacific Fishery Management Council (Council) with authority to develop 
regulations, including limited access regulations, that are in addition 
to, and not in conflict with, approved IPHC regulations. Regulations 
developed by the Council may be implemented by NMFS only after approval 
by the Secretary of Commerce. The Council has exercised this authority 
in the development of subsistence halibut fishery management measures, 
and sport halibut fishery management measures in waters in and off 
Alaska, codified at 50 CFR 300.61, 300.65, 300.66, and 300.67. The 
Council also developed the Individual Fishing Quota Program for the 
commercial halibut fishery, codified at 50 CFR part 679, under the 
authority of section 773 of the Halibut Act and section 303(b) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).

Background

    The proposed rule would align Federal regulations for charter 
halibut fishing with State of Alaska regulations for sport fishing to 
clarify the Council's and NMFS' intent for management of charter 
halibut fisheries in Areas 2C and 3A off Alaska. The proposed 
regulatory clarifications also would facilitate enforcement and clarify 
recordkeeping and reporting requirements for the charter halibut 
fishery. The proposed rule would not revise regulations for unguided 
sport halibut fishing in Alaska found in sections 3, 25, and 28 of the 
IPHC annual management measures (March 12, 2014, 79 FR 13906). The 
following sections of this preamble provide (1) a description of the 
halibut

[[Page 71730]]

fisheries; (2) the need for the proposed rule; and (3) the proposed 
rule.

Description of Halibut Fisheries

    The harvest of halibut in Alaska occurs in three fisheries--the 
commercial, sport, and subsistence fisheries. The commercial halibut 
fishery is a fixed gear fishery managed under the Halibut Individual 
Fishing Quota Program. The sport fishery includes guided and unguided 
anglers. Guided anglers are commonly called ``charter'' anglers because 
they fish from chartered vessels. The subsistence fishery allows rural 
residents and members of certain Alaska Native tribes to retain halibut 
for personal use or customary trade. The Council and NMFS have 
developed specific management policies and programs for each halibut 
fishery based on participation and harvest in those fisheries.
    Sport fishing activities for Pacific halibut in Areas 2C and 3A are 
subject to different regulations, depending on whether those activities 
are guided or unguided. Guided sport fishing for halibut is subject to 
charter restrictions under Federal regulations. These regulations apply 
if a charter vessel guide is on board the vessel with the charter 
vessel angler and is providing ``sport fishing guide services'' during 
the fishing trip. The term ``sport fishing guide services'' is defined 
in Federal regulations at Sec.  300.61 as ``assistance, for 
compensation, to a person who is sport fishing, to take or attempt to 
take fish by being on board a vessel with such person during any part 
of a charter vessel fishing trip. Sport fishing guide services do not 
include services provided by a crew member.'' Unguided anglers 
typically use their own vessels and equipment, or they may rent a 
vessel and fish with no assistance from a guide.
    The Council and NMFS developed specific management programs for the 
charter halibut fishery to achieve allocation and conservation 
objectives for the halibut fisheries. These management programs are 
also intended to maintain stability and economic viability in the 
charter fishery by establishing (1) limits on the number of 
participants, (2) allocations of halibut that vary with abundance, and 
(3) a process for determining charter angler harvest restrictions to 
limit charter fishery harvest to the established allocations. The 
charter halibut fisheries in Areas 2C and 3A are managed under the 
Charter Halibut Limited Access Program (CHLAP) and the Catch Sharing 
Plan (CSP). The CHLAP limits the number of operators in the charter 
fishery, while the CSP establishes annual allocations to the charter 
and commercial fisheries and describes a process for determining annual 
management measures to limit charter harvest to the allocations in each 
management area. The CHLAP and the CSP are briefly summarized in the 
following sections. Section 1.3 of the RIR/IRFA prepared for this 
action provides additional detail on the charter halibut management 
programs that have been implemented in Areas 2C and 3A.

Description of Charter Halibut Limited Access Program

    The CHLAP was adopted by the Council and implemented by NMFS in 
January 2010 (75 FR 554, January 5, 2010). The CHLAP established 
Federal charter halibut permits (CHPs) for operators in the charter 
halibut fishery in Areas 2C and 3A. Since 2011, all vessel operators in 
Areas 2C and 3A with charter anglers on board must have an original, 
valid permit on board during every charter vessel fishing trip on which 
Pacific halibut are caught and retained. CHPs are endorsed for the 
appropriate regulatory area and the number of anglers that may catch 
and retain halibut on a charter vessel fishing trip.
    NMFS implemented the CHLAP, based on recommendations by the 
Council, to meet allocation objectives in the charter halibut fishery. 
This program provides stability in the fishery by limiting the number 
of charter vessels that may participate in Areas 2C and 3A. Vessel 
operators had to meet minimum participation requirements to receive an 
initial issuance of a CHP. Complete regulations for the CHLAP are 
published at Sec. Sec.  300.65, 300.66, and 300.67. Additional details 
on the development and rationale for the CHLAP can be found in the 
final rule implementing the program and are not repeated here (75 FR 
554, January 5, 2010).

Description of the Catch Sharing Plan and Limits on Charter Anglers

    The CSP was adopted by the Council and implemented by NMFS in 
January 2014 (78 FR 75844, December 12, 2013). The CSP replaced the 
Guideline Harvest Level program that was in place from 2004 through 
2013 (68 FR 47256, August 8, 2003) as the method for setting pre-season 
specifications of acceptable annual harvests in the charter fisheries 
in Areas 2C and 3A. The CSP defines an annual process for allocating 
halibut between the charter and commercial halibut fisheries in Areas 
2C and 3A. The CSP establishes sector allocations that vary 
proportionally with changing levels of annual halibut abundance and 
that balance the differing needs of the charter and commercial halibut 
fisheries over a wide range of halibut abundance in each area. The CSP 
describes a public process by which the Council develops 
recommendations to the IPHC for charter angler harvest restrictions 
that are intended to limit harvest to the annual charter halibut 
fishery catch limit in each area. The CSP also authorizes limited 
annual leases of commercial individual fishing quota for use in the 
charter fishery as guided angler fish (GAF). GAF authorizes individual 
charter operators in Area 2C and Area 3A to offer anglers the 
opportunity to retain additional halibut when charter vessel anglers 
are subject to a more restrictive daily harvest limit than unguided 
sport anglers in the same area. Charter vessel anglers have been 
subject to a more restrictive daily harvest limit than unguided sport 
anglers since 2007 in Area 2C. In 2014, charter vessel anglers in Area 
3A were also managed under more restrictive harvest limits for the 
first time. Additional detail on the development and rationale for the 
CSP can be found in the final rule implementing the program and is not 
repeated here (78 FR 75844, December 12, 2013).

IPHC Annual Management Measures

    Each year, through a transparent public process, the Council 
reviews and recommends annual management measures for implementation in 
the Area 2C and Area 3A charter halibut fishery. Each fall, the Council 
reviews an analysis of potential charter management measures for the 
charter halibut fisheries for the upcoming fishing year. The Council 
considers stakeholder input and the most current information regarding 
the charter fishery and its management. After reviewing the analysis 
and considering public testimony, the Council identifies the charter 
halibut management measures to recommend to the IPHC that will most 
likely constrain charter halibut harvest for each area to its catch 
limit, while considering impacts on charter operations. The IPHC 
considers the Council recommendations, along with the analyses on which 
those recommendations were based, and input from its stakeholders and 
staff. The IPHC then adopts charter halibut management measures 
designed to keep charter harvest in Area 2C and Area 3A to the catch 
limits specified under the CSP. Once accepted by the Secretary of State 
with the concurrence of the Secretary of Commerce, NMFS publishes in 
the Federal Register the

[[Page 71731]]

charter halibut management measures for each area as part of the IPHC 
annual management measures (79 FR 13906, March 12, 2014).

Catch Monitoring and Estimation in the Sport Halibut Fisheries

    The Alaska Department of Fish and Game (ADF&G) Saltwater Charter 
Logbook (hereafter, logbook) is the primary reporting requirement for 
operators in the charter fisheries for all species harvested in 
saltwater in Areas 2C and 3A. ADF&G developed the logbook program in 
1998 to provide information on participation and harvest by individual 
vessels and businesses in charter fisheries for halibut as well as 
other state-managed species. Logbook data are compiled to show where 
fishing occurs, the extent of participation, and the species and the 
numbers of fish caught and retained by individual charter anglers. This 
information is essential to estimate harvest for regulation and 
management of the charter halibut fisheries in Areas 2C and 3A. ADF&G 
collects logbook information from charter vessel guides on halibut 
harvested by charter vessel anglers to accommodate the information 
requirements for implementing and enforcing Federal charter halibut 
fishing regulations, such as the Area 2C one-halibut per day bag limit 
and the CHLAP.
    ADF&G uses the Statewide Harvest Survey (SWHS) to estimate halibut 
harvests in the unguided sport halibut fishery. The SWHS is a mail 
survey of households containing at least one licensed angler. Survey 
respondents are asked to report the numbers of fish caught and kept by 
all members of the entire household, and the data are expanded to cover 
all households.

Description of ``Guide Assisted'' Sport Fishing Services

    In April 2012, the Council received a report from NOAA's Office of 
Law Enforcement describing ``guide-assisted'' sport fishing services 
for halibut observed in Area 2C that are not subject to the Federal 
charter halibut fishery regulations. NOAA's Office of Law Enforcement 
staff first observed guide-assisted sport fishing services for halibut 
during 2011, the first year of CHLAP implementation. The report noted 
that a few companies offer guide-assisted sport fishing services in 
which guides provide assistance to halibut anglers, likely for 
compensation, from adjacent vessels or shore. A person providing 
assistance to an angler during a fishing trip, and who is not on board 
the vessel with the anglers, is not providing sport fishing guide 
services under the current Federal definition. As a result, persons 
providing guide-assisted sport fishing services are not required to 
have CHPs, and guide-assisted anglers are not subject to Federal 
regulations that limit guided anglers. Guide-assisted anglers are able 
to retain halibut under the more liberal bag and size limits in place 
for unguided anglers, while still receiving assistance during the 
fishing trip from a guide on a nearby, sometimes tethered, vessel, or 
from shore. Additionally, Federal regulations do not require halibut 
harvested by guide-assisted anglers to be recorded in the logbook.
    In contrast to Federal regulations, State of Alaska (State) 
regulations do not require a guide to be on board the same vessel as 
the angler for the trip to be considered guided fishing (Alaska Statute 
Sec. 16.40.299). If sport fishing guide services (as defined by the 
State) are provided to the angler during any portion of a sport fishing 
trip, the State considers those harvests as charter removals and 
requires harvests to be recorded in the logbook.
    ADF&G examined logbook data from Area 2C in an effort to quantify 
the practice of guiding from a separate vessel or the shore during the 
period 2009 through 2012. This practice was identified by looking for 
instances of the harvest of two halibut per charter vessel angler per 
day in Area 2C as reported in the logbook. ADF&G's methods for 
quantifying this practice are explained in detail in Section 1.3.6.1.3 
of the RIR/IRFA. A minimum of one to three businesses are estimated to 
have routinely hosted clients that exceeded the one-fish bag limit for 
charter anglers, suggesting they were offering guide-assisted sport 
fishing services between 2009 and 2013 in Area 2C that did not meet the 
Federal definition of sport fishing guide services. This practice may 
be more widespread than the analysis indicates because Federal 
regulations do not require a guide to complete a logbook for persons 
using guide-assisted sport fishing services. Logbook data regarding the 
numbers of retained halibut could not be used to identify businesses 
that may be offering guide-assisted sport fishing services in Area 3A 
because bag limits were identical for guided and unguided anglers until 
2014. Instead, ADF&G attempted to identify such businesses by looking 
for businesses without CHPs that routinely had client harvest of 
halibut.

Need for Action

    The Council recommended, and NMFS proposes, this rule to manage 
guide-assisted sport fishing services for halibut under the CHLAP and 
the CSP. The following describes the rationale for this action. The 
Council made its recommendation because it considers guide-assisted 
sport fishing services for halibut to be a de facto form of guided or 
charter fishing, although this method is currently considered unguided 
fishing under Federal regulations. A guide who is not on the same 
vessel with an angler and who provides assistance for compensation to 
an angler meets the definition of guided fishing in all ways except for 
the requirement to be on board the same vessel. For example, the guide 
may still accompany the anglers from a separate vessel, lead them to 
the fishing location, instruct them in how to bait hooks and reel in 
the fish, etc. They may even assist in landing and filleting the 
halibut from a separate vessel, yet under the current Federal 
definition, these behaviors are not technically considered guiding. In 
contrast, the State of Alaska definition does not require the guide to 
be on board the same vessel as the angler to provide sport fishing 
guide services. The Council considered the State definition in making 
its recommendation for a change to the Federal definition. The Council 
was also concerned that guide-assisted sport fishing services may 
increase if no action is taken to define these fishing activities as 
charter fishing. This increase could occur because halibut harvest 
limits are more restrictive for charter vessel anglers than for 
unguided anglers, particularly in Area 2C. This discrepancy may provide 
an incentive for charter operators to modify their services to operate 
as guide-assisted sport fishing services to allow their anglers to fish 
under the more liberal size and bag limits in place for unguided 
anglers. Alternatively, it may serve as an incentive for new entrants 
to provide guide-assisted sport fishing services.
    The Council also recommended clarifying that guide-assisted halibut 
harvests should accrue to the charter sector allocation under the CSP. 
The Council recognized that under the current Federal definition, 
halibut harvests by guide-assisted sport fishing services would not be 
considered guided. Thus, those harvests may currently be counted as 
unguided harvest instead of charter harvest in the SWHS, or not 
reported in the logbook. The Council reviewed information suggesting 
that a relatively small amount of halibut harvested by guide-assisted 
sport fishing services may be counted as unguided harvest (see Section 
1.3.5.2 of the RIR/IRFA).

[[Page 71732]]

However, the Council recommended requiring that all guide-assisted 
halibut harvests be recorded in the logbook, and that harvest accrue to 
the charter allocation under the CSP, to prevent a potential increase 
in the amount of guide-assisted halibut harvest counted as unguided 
harvest. The following discussion provides additional detail on the 
accounting for halibut harvested by guide-assisted sport fishing 
services.
    Under the status quo, there is potential for inconsistencies and 
misreporting of guide-assisted halibut harvests. As described in the 
``Catch Monitoring and Estimation in the Sport Halibut Fisheries'' 
section of this preamble, charter and unguided sport halibut harvests 
are estimated using different methods. Under the CSP, charter harvests 
are estimated using logbooks, and all charter harvests must be recorded 
in the logbook. Unguided harvests are estimated using the SWHS. Guides 
who are providing guide-assisted sport fishing services for species 
other than halibut (under the State's definition) are required to 
complete logbooks for those State-managed species. Guides may also 
record halibut harvests occurring during these fishing trips in the 
logbook, even though it is not considered charter halibut harvest under 
current Federal regulations. In these instances, the harvest would be 
included in the charter halibut fishery harvest estimate and accrue 
toward the CSP catch limit for the charter halibut fishery. Likewise, 
anglers may be confused when responding to the SWHS as to whether they 
were halibut fishing with or without a charter vessel guide. Anglers 
can report halibut harvested on a guide-assisted sport fishing trip in 
the SWHS as either guided or unguided. This proposed rule would clarify 
logbook reporting requirements and improve harvest estimates by 
aligning the Federal and State definitions of sport fishing guide 
services so that halibut harvested by an angler who receives 
compensated assistance would be required to be recorded in the logbook, 
whether or not the person providing the assistance is physically 
present on board the vessel or not.
    Despite the potential for reporting charter halibut harvests as 
unguided harvest, and vice versa, the Council did not identify a 
conservation concern with regard to sport halibut harvest accounting 
because all halibut harvests are being estimated based on information 
submitted in the logbooks and SWHS. See Section 1.3.6.1.3 of the RIR/
IRFA prepared for this action for additional details on the anticipated 
impacts of the proposed rule on sport halibut harvest estimates and 
fishery reporting requirements.

Proposed Rule

    The Council initiated analysis of the proposed action in February 
2013. In June 2013, the Council reviewed the analysis and clarified its 
recommended options for revising Federal halibut sport fishing 
regulations to be consistent with its intent for guide-assisted sport 
fishing services to be managed under the CHLAP and the CSP. In February 
2014, the Council recommended aligning Federal regulations regarding 
sport fishing guide services for Pacific halibut with State regulations 
by removing the requirement that the charter vessel guide be on board 
the same vessel as the charter vessel angler. The Council recognized 
that NMFS would propose additional regulations necessary to implement 
the Council's recommendation. The Council's recommendation is available 
at http://legistar2.granicus.com/npfmc/meetings/2014/2/876_A_North_Pacific_Council_14-02-03_Meeting_Agenda.pdf.
    The proposed regulations would align Federal regulatory text 
regarding sport fishing guide services for Pacific halibut with State 
regulations in a manner that is consistent with Council intent for 
management of charter halibut fisheries. The proposed revisions would 
enhance enforcement of sport fishing regulations by an authorized 
officer by clearly defining when a person is providing sport fishing 
guide services. This regulatory clarity will also aid anglers and 
operators providing sport fishing guide services to comply with 
regulations for the charter halibut fisheries.
    This proposed rule would implement clear and consistent regulations 
that apply to all businesses providing, and all anglers receiving, 
sport fishing guide services, and improve the accuracy of the data 
collected on sport fishing harvest. Specifically, this proposed rule 
would require anglers receiving sport fishing guide services, whether 
or not a charter vessel guide is on board, to comply with the 
restrictions in place for charter vessel anglers. This proposed rule 
would require businesses that provide sport fishing guide services for 
halibut from separate vessels to obtain CHPs for the vessels on which 
the anglers are fishing and comply with the restrictions in place for 
the charter halibut fishery. This proposed rule would not increase the 
number of CHPs issued under the CHLAP.
    As described in Section 1.2 of the RIR/IRFA, the proposed rule is 
intended only to address fishing activities for the charter halibut 
sector; no action is proposed to regulate businesses that provide 
equipment for unguided (or self-guided) sport fishing. The following 
sections provide greater detail about the three categories of 
regulatory changes proposed in this rule: 1) Revisions to definitions 
at Sec.  300.61; 2) revisions to CHLAP and CSP regulations; and 3) 
other regulatory revisions. The last section describes suggested 
changes to IPHC annual management measures to aid the implementation of 
this proposed rule. NMFS solicits public comments on the proposed 
changes to the regulations described in this preamble.

Proposed Revisions to Definitions at Sec.  300.61

    Most critically, this proposed rule would revise the definition of 
``sport fishing guide services,'' and add definitions for 
``compensation'' and ``charter vessel'' at Sec.  300.61. Technical 
revisions would be made to the definitions of ``charter vessel 
angler,'' ``charter vessel fishing trip,'' ``charter vessel guide,'' 
and ``charter vessel operator'' at Sec.  300.61 for added clarity and 
consistency among definitions. These changes are described in detail in 
section 2.7 of the RIR/IRFA for this action.
    The proposed revision to the definition of ``sport fishing guide 
services'' would remove the requirement that a charter vessel guide be 
on board the same vessel as the charter vessel angler. The Council 
recommended that the definition be revised to read as follows: ``Sport 
fishing guide services, for purposes of Sec. Sec.  300.65 and 300.67, 
means assistance, for compensation or with the intent to receive 
compensation, to a person who is sport fishing, to take or attempt to 
take halibut by accompanying or physically directing the sport 
fisherman in sport fishing activities during any part of a charter 
vessel fishing trip. Sport fishing guide services do not include 
services provided by a crew member.''
    NMFS proposes the Council's recommendation with two minor changes. 
First, NMFS proposes to cite Sec.  300.65(d) instead of Sec.  300.65 to 
specifically reference the section of Sec.  300.65 that pertains to 
charter halibut fishing. Second, NMFS proposes to revise the current 
definition of ``sport fishing guide services'' to clarify that services 
provided by a crew member working directly under the supervision of, 
and on the same vessel as, a charter vessel guide are not sport fishing 
guide services for purposes of CHLAP and CSP regulations.
    Under the proposed rule, crew member services would continue to be

[[Page 71733]]

excluded from the definition of sport fishing guide services for 
purposes of CHLAP and CSP regulations, to clearly identify that the 
charter vessel guide, and not a crew member, is the person responsible 
for complying with the regulations. The Council and NMFS do not intend 
for an assistant, deckhand, or other crew member that works directly 
under the supervision of a charter vessel guide to be the person 
responsible to comply with CHLAP and CSP regulations. The proposed rule 
would maintain current requirements specifying that a person providing 
sport fishing guide services from a charter vessel would be responsible 
for complying with CHLAP and CSP regulations, whether or not that 
person has an ADF&G sport fishing guide license or registration on 
board that vessel. Therefore, NMFS proposes to revise the final 
sentence of the definition of sport fishing guide services to specify 
that ``sport fishing guide services do not include services provided by 
a crew member, as defined at Sec.  300.61.'' This proposed revision 
would cite the definition of a crew member for added clarity.
    The Council recommended, and NMFS proposes, revising the definition 
of sport fishing guide services as ``accompanying or physically 
directing the sport fisherman in sport fishing activities during any 
part of a charter vessel fishing trip.'' This proposed revision is 
consistent with the State definition for sport fishing guide services 
(Alaska Statute Sec. 16.40.299). The current Federal definition of 
charter vessel fishing trip at Sec.  300.61 specifies that a charter 
vessel fishing trip begins when fishing gear is first deployed into the 
water and ends when one or more charter vessel anglers or any halibut 
are offloaded from that vessel. Assistance, under the proposed 
definition of sport fishing guide services, would therefore be 
restricted to activities that occur after gear has been deployed. 
Advice or assistance provided before gear is deployed would not be 
considered sport fishing guide services. What qualifies as assistance 
is further constrained by the words ``accompanying or physically 
directing,'' which likely would require that the charter vessel guide 
be in proximity to the charter vessel angler. NMFS assumes that while 
most assistance would be provided from a separate vessel, it is 
possible that assistance could also be provided from shore. NMFS notes 
that determination of guided assistance for purposes of Federal 
regulations likely would depend on a combination of factors that, taken 
together, would indicate that a charter vessel guide was compensated 
for assisting an angler in a manner intended to result in the taking of 
halibut. Section 1.3.6 of the RIR/IRFA provides additional detail on 
the proposed revision to the definition of sport fishing guide 
services.
    NMFS proposes adding a definition for ``compensation'' to Sec.  
300.61 that matches the State's definition. Federal regulations 
currently do not define ``compensation'' in the context of the charter 
halibut fishery. The Council and NMFS intend for sport fishing to be 
considered charter fishing only if a person providing assistance to 
sport anglers is receiving compensation. Compensation would be defined 
as, ``direct or indirect payment, remuneration, or other benefits 
received in return for services, regardless of the source . . . 
`benefits' includes wages or other employment benefits given directly 
or indirectly to an individual or organization, and any dues, payments, 
fees, or other remuneration given directly or indirectly to a fishing 
club, business, organization, or individual who provides sport fishing 
guide services; and does not include reimbursement for the actual daily 
expenses for fuel, food, or bait.'' This definition of compensation 
would also mean that payments made by a third party, and non-monetary 
exchanges of goods and services for taking someone halibut fishing, may 
also be considered compensation, as well as payments or non-monetary 
exchanges from a person aboard the charter vessel.
    The proposed Federal definition would not consider reimbursement 
for ``actual'' daily expenses (e.g., bait, fuel, food) to be 
compensation. Section 1.3.6.2 of the RIR/IRFA provides additional 
detail on the proposed revision to the definition of compensation.
    An interpretive rule (76 FR 19708, April 8, 2011) clarified that a 
charter vessel guide, operator, or crew member may fish for halibut 
from a charter vessel if he or she is not being compensated to provide 
assistance to persons catching and retaining halibut. No changes are 
proposed to this interpretation that allows guides, operators, and crew 
members to fish recreationally with friends and family, so long as no 
charter vessel anglers are on board and receiving sport fishing guide 
services.
    NMFS proposes adding a definition for ``charter vessel'' to Federal 
regulations at Sec.  300.61. A charter vessel would be defined as ``a 
vessel used while providing or receiving sport fishing guide services 
for halibut.'' Under this proposed definition, a charter vessel guide 
would not be required to be on board the same vessel as the charter 
vessel angler to be providing sport fishing guide services. If an 
angler receives sport fishing guide services during a charter vessel 
fishing trip (i.e., the time between when gear is deployed and when one 
or more charter anglers or any harvested halibut are offloaded), even 
if it is from an adjacent or nearby vessel, that angler would be 
considered to be fishing from a charter vessel.
    Charter vessels are required to be registered with the State and 
are issued identification decals and logbooks. Under this proposed 
rule, all charter vessels, including those that would not have charter 
vessel guides on board, would need to register with the State, display 
the charter vessel decal while operating as a charter vessel, and have 
the logbook on board during all charter vessel fishing trips. Each 
charter vessel from which anglers may catch and retain halibut would 
also need to have an original CHP on board during charter vessel 
fishing trips.

Proposed Revisions to CHLAP and CSP Regulations

    As described above and in Section 2.7 of the RIR/IRFA, the Council 
recognized that its recommendation for the proposed rule would require 
NMFS to propose additional revisions to regulations governing the CHLAP 
and CSP. The following sections summarize these additional proposed 
regulatory revisions.
    Under the proposed rule, the primary responsibility for compliance 
with charter halibut fishery regulations would continue to be with the 
charter vessel guide. However, some Federal regulations governing the 
charter halibut fishery put the burden of compliance on the charter 
vessel operator. The term ``charter vessel operator'' in Sec.  300.61 
currently refers to the person in charge of the charter vessel on which 
anglers are catching and retaining halibut. Under the proposed rule, if 
no charter vessel guide were on board the vessel with the charter 
anglers, as in guide-assisted sport fishing services, the charter 
vessel operator could also be a charter vessel angler. To facilitate 
compliance in these instances, NMFS proposes regulations at Sec.  
300.66(s) and (v) to hold the charter vessel operator and the charter 
vessel guide jointly or severally responsible for compliance with the 
requirement to have a valid CHP and a logbook on board the charter 
vessel with the charter vessel anglers if no charter vessel guide is on 
board the vessel with the charter anglers.

[[Page 71734]]

    The CHP and logbook are critical enforcement tools used by an 
authorized officer to verify when anglers are on a charter vessel 
fishing trip and subject to CHLAP, CSP, and daily bag limit and size 
restrictions applicable to charter vessel anglers. If the charter 
vessel guide is on a separate charter vessel or on the shore, or is not 
in the vicinity of the charter vessel with anglers aboard (i.e., 
``angler vessel''), an authorized officer must be able to identify a 
person on board the angler vessel that is responsible for ensuring that 
a valid CHP and the logbook are on the vessel to authorize that charter 
vessel fishing trip. NMFS proposes that if the charter vessel guide is 
on a separate vessel, or on the shore, the charter vessel operator 
should be the person on board the angler vessel that could be held 
jointly responsible with the charter vessel guide to ensure that a 
valid CHP and the logbook are on the angler vessel. NMFS notes that 
enforcement of this proposed provision would depend on the 
circumstances of a fishing trip. Authorized agents would evaluate the 
specific circumstances to determine whether to hold the charter vessel 
operator and the charter vessel guide jointly or severally responsible 
for compliance with the requirement to have a valid CHP and a logbook 
on board the vessel. NMFS requests comments specific to this provision 
of the proposed rule.
    Charter vessel guides would remain responsible for complying with 
the CHLAP and CSP reporting requirements at Sec.  300.65(d), and the 
person whose business was assigned a logbook would remain responsible 
for ensuring that the charter vessel guide complies with those 
requirements. Under current regulations, before a charter vessel 
fishing trip begins, the charter vessel guide is required to record in 
the logbook the first and last names and license numbers of each 
charter vessel angler who will fish for halibut (exceptions apply for 
youth, senior, and disabled charter vessel anglers); ensure that the 
cover of the logbook lists the person named on the CHP(s) and the CHP 
number(s) being used during that charter vessel fishing trip; and 
ensure the name and State-issued vessel registration (AK number) or 
U.S. Coast Guard documentation number of the charter vessel is listed. 
NMFS proposes to modify regulations at Sec.  300.65(d) to require that 
the logbook remain on the charter vessel with the anglers during the 
charter vessel fishing trip, even if the guide is on a separate vessel 
or on shore. With this proposed change, an authorized officer would be 
able to verify that all anglers are licensed and listed in the logbook, 
and that the angler endorsement on the CHP has not been exceeded.
    Under existing regulations at Sec.  300.65(d), if halibut is 
retained during a charter vessel fishing trip, the charter vessel guide 
is responsible for completing the remainder of the logbook data fields 
by the end of the calendar day, or by the end of the charter vessel 
fishing trip, whichever comes first. The charter vessel guide is also 
responsible for ensuring that charter vessel anglers who retained 
halibut sign the logbook.
    Under this proposed rule, charter vessel guides would remain 
responsible for complying with the provisions of the GAF program at 
Sec.  300.65. A GAF permit authorizes a charter vessel angler to retain 
GAF, and GAF permits are assigned to a single CHP. Under current 
regulations at Sec.  300.65(c)(5)(iii)(A)(5), a legible copy of the GAF 
permit must be kept on board the charter vessel with the CHP to enable 
an authorized officer to verify that any GAF retained on the charter 
vessel were authorized by a valid GAF permit. NMFS proposes to modify 
regulations at Sec.  300.65(c)(5)(iii)(A)(5), to require the guide 
maintain control of a legible copy of the GAF permit, and require that 
the CHP and logbook remain on the same charter vessel as the charter 
vessel anglers.
    Existing regulations at Sec.  300.65(c)(5)(iv)(G) require that upon 
retention of a GAF halibut, the guide must immediately remove the upper 
and lower tips of the tail fin lobes to mark and identify that fish as 
a GAF halibut. NMFS proposes revising this regulation to add a 
requirement that the guide must be physically present when the GAF is 
harvested to mark the fish. NMFS anticipates that charter vessel 
anglers without a guide on board would need to summon the guide (e.g., 
by cell phone or radio) to be in proximity of the charter vessel before 
any GAF are harvested. Accordingly, charter vessel guides not on 
charter vessels could not guide from the shore, if GAF fish are being 
harvested. Regulations at Sec.  300.65(d)(4)(iii)(A)(1) require the 
charter vessel guide to immediately measure and record the total length 
of the GAF halibut in the GAF permit log on the back of the GAF permit. 
NMFS does not propose changing this requirement, but proposes adding 
regulations at Sec.  300.65(d)(4)(iii)(A)(5) to require the charter 
vessel guide to immediately record in the logbook the GAF permit number 
under which the GAF was caught and retained, and the number of GAF 
retained by the charter vessel angler who caught and retained it. The 
term ``immediately,'' for enforcement purposes, means that the stated 
activity (e.g., marking the fish or recording the GAF in the logbook) 
must occur before the guide or angler moves on to another activity or 
resume fishing. For example, if a charter vessel angler harvests a GAF, 
the guide would need to mark and record it before the angler could 
continue fishing, transit to another location, etc. This proposed 
revision would improve the timely recording of GAF.
    This proposed rule would revise regulations at Sec.  
300.65(d)(4)(iii)(A)(1) to require the guide to record harvested GAF 
immediately in the logbook so a record of the GAF harvest remains on 
board with the charter vessel angler if the guide leaves the area with 
the GAF permit and GAF log. If the guide could not be present at the 
time the GAF is harvested, the charter vessel angler would not be 
authorized to retain that fish.
    Current regulations at Sec.  300.65(d)(4)(iii)(B) through (E) 
require a charter vessel guide to electronically report GAF harvests at 
the end of a charter vessel fishing trip in which GAF is retained. This 
proposed rule would not revise these regulations and the charter vessel 
guide would continue to be responsible for electronically reporting GAF 
harvests.
    Current regulations at Sec.  300.65(c)(5)(iv)(G) require that if 
GAF halibut are filleted on board a charter vessel, the carcasses of 
those GAF halibut must be retained until the end of the charter vessel 
fishing trip to enable an authorized officer to verify the recorded 
lengths. NMFS proposes to revise CSP regulations at Sec.  
300.65(c)(5)(iv)(G) to specify that if any GAF are harvested and 
filleted on board the charter vessel, those carcasses would also need 
to be retained on the charter vessel on which the GAF halibut were 
caught until the end of the charter vessel fishing trip. In other 
words, if a GAF halibut were harvested on a charter vessel without a 
guide on board, it would need to stay on the vessel with the angler who 
caught it until the end of the fishing trip; it could not be 
transferred to the vessel that the guide is on for filleting, storage, 
or otherwise. Similarly, IPHC annual management measures currently 
require that the carcasses of size-restricted halibut harvested in the 
charter fishery in Areas 2C and 3A be retained, if those size 
restricted halibut are filleted on board the charter vessel. NMFS 
proposes adding this carcass retention requirement to Federal 
regulations at Sec.  300.65(d)(5).

[[Page 71735]]

    NMFS notes that not all charter businesses participate in the GAF 
program, and that it is an optional use of individual fishing quota. 
There is no requirement that charter vessel guides make GAF available 
to their anglers.

Other Regulatory Changes

    Charter vessel guides, operators, and crew are prohibited from 
harvesting halibut in Areas 2C and 3A during charter vessel fishing 
trips under existing regulations at Sec.  300.65(d)(3). Under this 
proposed rule, the charter vessel operator could potentially be a 
charter vessel angler who is operating a vessel without a charter 
vessel guide onboard (e.g., the charter vessel guide is on a separate 
vessel). NMFS assumes that the Council would not want to prohibit 
charter vessel anglers who are operating charter vessels without a 
charter vessel guide on board from harvesting halibut. Therefore, NMFS 
proposes to revise Sec.  300.65(d)(3) to specify that ``a charter 
vessel guide, charter vessel operator, or crew member may not catch and 
retain halibut during a charter vessel fishing trip in Commission 
regulatory area 2C or 3A, except that charter vessel operators who are 
charter vessel anglers may catch and retain halibut during a charter 
vessel fishing trip if the charter vessel guide is on a separate 
charter vessel.'' Minor additional changes are proposed to regulations 
at Sec. Sec.  300.61, 300.65, 300.66, and 300.67 to maintain existing 
regulatory responsibilities applicable to specific persons and ensure 
consistency in the charter halibut regulations to meet the intent of 
this proposed rule. These changes and the rationale for them are 
outlined in detail in Section 2.7 of the RIR/IRFA for this action and 
are briefly summarized here.
    As of January 1, 2015, several Alaska Statutes (A.S. 16.40.260 
through 16.40.299) pertaining to sport fishing business and guide 
licensing and reporting through ADF&G are scheduled to expire. At that 
time, statewide regulations approved by the Board of Fisheries in 2004 
to implement these statutes may lack statutory authority. ADF&G is 
working with the Alaska Board of Fisheries to modify existing statewide 
regulations to require business and guide registration and continue 
logbook reporting for the 2015 season. Federal regulations at Sec.  
300.65(d)(4)(ii)(B)(1), (d)(4)(ii)(D)(4), the definition of ``charter 
vessel guide'' at Sec.  300.61, and Sec.  300.67(a)(1) all refer to 
ADF&G sport fishing guide licenses. NMFS proposes changing these 
regulations to refer to ``licenses or registrations'' in the event that 
the licensing program is not reinstated.
    The CSP implemented a regulation at Sec.  300.66(h) to prohibit 
subsistence fishing for halibut while commercial fishing or sport 
fishing. The regulation was intended to prohibit only subsistence 
fishing for halibut and commercial or sport fishing for halibut from 
the same vessel on the same day. However, as written, the regulation 
could be interpreted to prohibit commercial or sport fishing for any 
species while subsistence fishing for halibut. NMFS proposes to change 
the prohibition at Sec.  300.66(h) to clarify that it only prohibits 
subsistence fishing for halibut while commercial or sport fishing for 
halibut.

IPHC Annual Management Measures

    If this proposed rule is approved by the Secretary, the IPHC may 
decide to change its annual management measures to implement and 
improve compliance for this proposed rule. See Section 2.7 of the RIR/
IRFA.
    IPHC annual management measures are designed to facilitate 
enforcement of charter halibut fishery regulations when halibut have 
been filleted on board the vessel (March 12, 2014, 79 FR 13906). The 
IPHC annual management measure at Section 28(1)(d) restricts filleting 
halibut into no more than two dorsal, two ventral, and two cheek pieces 
to ensure that an authorized officer can verify a charter vessel 
angler's daily bag and possession limits for halibut if the fish have 
been filleted on board the vessel. NMFS anticipates that this 
restriction on filleting halibut will continue to be implemented in 
future years. If the proposed rule is approved and implemented and the 
IPHC adopts halibut size restrictions for charter vessel anglers in the 
future, the IPHC may decide to change the annual management measures to 
require that all retained halibut, including GAF, remain on the charter 
vessel on which they are caught until the end of a charter vessel 
fishing trip. This would ensure that charter vessel anglers without a 
guide on board would not be allowed to transfer their harvested halibut 
to the guide's vessel for processing.
    NMFS also notes that the 2014 annual management measures at Section 
28(2)(d) and (3)(d) require the carcasses of size-restricted halibut be 
retained until the end of the charter vessel fishing trip to enable an 
authorized officer to enforce the size restrictions that are in place 
for charter vessel anglers in Area 2C and Area 3A. NMFS proposes to add 
a carcass retention requirement for size-restricted halibut to Federal 
regulations at Sec.  300.65(d)(5). If this proposed rule is approved 
and implemented and the IPHC adopts halibut size restrictions for 
charter vessel anglers in the future, the IPHC may decide to remove the 
annual management measures requiring carcass retention as unnecessary 
measures.

Classification

    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the IPHC, the Pacific Fishery Management Council, the 
North Pacific Fishery Management Council, and the Secretary of 
Commerce. Section 5 of the Halibut Act (16 U.S.C. 773c) allows the 
Regional Council having authority for a particular geographical area to 
develop regulations governing fishing for halibut in U.S. Convention 
waters as long as those regulations do not conflict with IPHC 
regulations. The Halibut Act at section 773c(a) and (b) provides the 
Secretary of Commerce with the general responsibility to carry out the 
Convention with the authority to, in consultation with the Secretary of 
the department in which the U.S. Coast Guard is operating, adopt such 
regulations as may be necessary to carry out the purposes and 
objectives of the Convention and the Halibut Act. This proposed rule is 
consistent with the Halibut Act and other applicable laws.

Executive Order 12866

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866. This proposed rule also complies 
with the Secretary of Commerce's authority under the Halibut Act to 
implement management measures for the halibut fishery.

Regulatory Flexibility Act

    An initial regulatory flexibility analysis (IRFA) was prepared as 
required by section 603 of the Regulatory Flexibility Act. The IRFA 
describes the economic impact this proposed rule, if adopted, would 
have on small entities. A description of the action, why it is being 
considered, and its legal basis may be found at the beginning of this 
preamble and are not repeated here. A summary of the IRFA follows. A 
copy of the IRFA is available from the NMFS (see ADDRESSES).

Number and Description of Small Entities Regulated by the Proposed Rule

    On June 12, 2014, the Small Business Administration (SBA) issued a 
final rule revising the small business size standards for several 
industries effective July 14, 2014 (79 FR 33647, June 12, 2014). The 
new size standards were used to prepare the IRFA for this proposed 
rule.

[[Page 71736]]

    The Small Business Administration (SBA) specifies that for charter 
fishing vessel operations, a small business is one with annual receipts 
less than $7.5 million. The largest of these charter vessel operations, 
which are lodges, may be considered large entities under SBA standards, 
but that cannot be confirmed because NMFS does not have or collect 
economic data on lodges necessary to definitively determine total 
annual receipts. Thus, all charter vessel operations are considered 
small entities, based on SBA criteria, because NMFS cannot confirm if 
any entities have gross revenues greater than $7.5 million on an annual 
basis.
    This proposed rule would directly regulate all CHP holders, and 
businesses offering sport fishing guide services that NMFS believes 
should hold CHPs. As of July 7, 2014, the date of the most recent 
information available, there were 975 CHPs issued to 580 permit holders 
in Areas 2C and 3A. Data on business affiliations among permit holders 
are not available; therefore, the number of CHP holders that are 
directly regulated cannot be accurately determined, but would not 
exceed 580. NMFS notes that because there is little incentive for a 
business that already holds one or more CHPs to offer sport fishing 
guide services without a guide on board to anglers, the number of CHP 
holders (i.e., small entities) affected by this proposed regulation is 
likely to be very small. The proposed rule is not expected to adversely 
impact small entities that possess CHPs.
    The proposed rule, however, may adversely impact those entities 
that do not hold CHPs and who provide sport fishing guide services 
using guides that are not on board the vessel with the anglers (i.e., 
guide-assisted sport fishing services). A review of logbook data 
suggests that only a few such entities can be documented. For Area 2C, 
a minimum of one to three businesses are estimated from logbook data to 
have routinely offered guide-assisted sport fishing services for 
halibut that did not meet the Federal definition of sport fishing guide 
services between 2009 and 2013. Logbook data for Area 3A did not 
clearly identify any businesses that routinely reported trips in which 
halibut were harvested and no CHP was recorded as used for the charter 
vessel fishing trip. It is difficult to estimate how many businesses 
may be providing guide-assisted sport fishing services because some of 
these businesses may not be registered as charter businesses with the 
State and may not be completing logbooks. Under the proposed rule, 
businesses that provide guide-assisted sport fishing services, but do 
not hold CHPs, would have to either purchase CHPs or change the 
services they provide so that they refrain from accompanying or 
physically assisting anglers in the taking of halibut during any part 
of a charter vessel fishing trip. Information on availability and price 
of CHPs is presented in Section 1.3.1.2 of the RIR/IRFA. NMFS does not 
have or collect data to determine the exact number of guide-assisted 
sport fishing services or total annual receipts for these entities. 
NMFS considers all guide-assisted sport fishing services as small 
entities, based on SBA criteria, because NMFS cannot confirm if any of 
these entities have gross revenues greater than $7.5 million on an 
annual basis.
    Community quota entities may apply for and receive community CHPs; 
therefore, this proposed rule may directly regulate entities 
representing small, remote communities in Areas 2C and 3A. There are 20 
communities in Area 2C and 14 in Area 3A eligible to receive community 
CHPs. Of these 34 communities, 21 hold community CHPs. The proposed 
action is not expected to adversely impact communities that hold CHPs.

Description of Significant Alternatives That Minimize Adverse Impacts 
on Small Entities

    An IRFA is required to describe significant alternatives to the 
proposed rule that accomplish the stated objectives of the Halibut Act 
and other applicable statutes and that would minimize any significant 
economic impact of the proposed rule on small entities.
    The status quo alternative (Alternative 1) would continue to 
require that a guide be on board a charter vessel with a charter vessel 
angler to be providing sport fishing guide services. Maintaining these 
regulations is believed to result in an unknown, but relatively small 
number of anglers fishing under unguided sport fishing regulations, 
rather than the more restrictive charter fishing regulations. The 
status quo may result in continued inaccuracies in accounting of sport 
removals by sector and continued confusion by the angling public as to 
how to report their halibut harvest. The status quo alternative would 
not accomplish the Council's objective that guide-assisted fishing for 
halibut be managed under charter halibut fishery regulations.
    The Council considered one alternative with three options to the 
status quo. The first option under Alternative 2 would change the 
definition of ``sport fishing guide services'' to remove the 
requirement that a guide be on board the charter vessel with the 
charter vessel angler to be providing those services. The second option 
would add a Federal definition for ``compensation'' and contained two 
suboptions. The first suboption would add a Federal definition for 
compensation that matches the State definition. The second suboption 
would add a Federal definition that substitutes the word ``reasonable'' 
for ``actual'' expenses from the State definition. These suboptions are 
described in more detail in Section 1.3.6.2 of the RIR/IRFA. The third 
option under Alternative 2 would add a Federal definition for 
``assistance'' to describe which types of activities fall under sport 
fishing guide services. Alternative 2 would better align Federal 
regulations regarding sport fishing guide services for Pacific halibut 
with State regulations, would incorporate guide-assisted sport fishing 
services under the umbrella of charter regulations, and would improve 
the accuracy of unguided sport and charter halibut harvest estimates.
    The Council recommended, and NMFS proposes a preferred alternative 
(i.e., this proposed rule) that would better align the State and 
Federal definitions of ``sport fishing guide services'' (Alternative 2, 
Option 1), and add a definition for ``compensation'' (Alternative 2, 
Option 2) to Federal regulations. Instead of separately defining 
``assistance'' as described in Alternative 2, Option 3, the preferred 
alternative would add language to the definition of sport fishing guide 
services to define assistance as ``accompanying or physically directing 
the sport fisherman in sport fishing activities.'' The preferred 
alternative incorporates the recommendations developed cooperatively by 
State and NMFS enforcement and management staff and supported by the 
discussion of the effects of Alternative 2, Options 1, 2, and 3 in 
Section 1.3.6 of the RIR/IRFA. The preferred alternative incorporates a 
description of assistance consistent with State regulations without 
specifying a list of fishing activities. Broadly defining assistance in 
this way would eliminate the need to identify all potential activities 
that could be considered as providing assistance to an angler and the 
risk that a relevant activity would be inadvertently excluded from the 
list.
    NMFS proposes the Council's preferred alternative, with one 
exception. Instead of proposing the suboption to Alternative 2, Option 
2 that would add a Federal definition for ``compensation'' that differs 
from the

[[Page 71737]]

State's definition by referring to ``reasonable'' expenses rather than 
``actual'' expenses, NMFS proposes the suboption that would add a 
Federal definition that matches the State's definition. The preferred 
alternative for this option initially incorporated the recommendations 
developed cooperatively by State and NMFS enforcement and management 
staff, but upon further discussion, these entities determined that 
matching the State and Federal definitions for compensation would be 
more enforceable. Additionally, adopting matching definitions would 
further the Council's objectives of aligning Federal and State of 
Alaska regulations.
    The entities directly regulated under this action are assumed to be 
small under the SBA definition. Because the proposed rule serves to 
benefit the small entities that are directly regulated under the 
proposed rule by clarifying Federal fishery regulations to better align 
with Council intent and State fishery regulations, no significant 
negative economic impacts are expected on directly regulated entities 
who are CHP holders; however, charter vessel guides who provide sport 
fishing guide services and are not on board the same charter vessel as 
the charter vessel angler would be required to change their fishing 
practices under the proposed rule. These directly regulated entities 
are also assumed to be small entities. Thus, NMFS is not aware of any 
alternatives, in addition to the alternatives considered, that would 
more effectively meet these Regulatory Flexibility Act criteria at a 
lower economic cost to directly regulated small entities.

Projected Reporting, Recordkeeping Requirements, and Other Compliance 
Requirements

    This action does not impose any additional reporting requirements 
on the participants of the charter halibut fishery. Although the public 
reporting burden will not change, additional participants would be 
required to comply with existing requirements. The new participants 
would be subject to the same recordkeeping and reporting requirements 
as existing participants.

Duplicate, Overlapping, or Conflicting Federal Rules

    NMFS has not identified other Federal rules that may duplicate, 
overlap, or conflict with the proposed rule.

Collection-of-Information Requirements

    This proposed rule contains collection-of-information requirements 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). These requirements have 
been submitted to OMB for approval. The collections are listed below by 
OMB control number.

OMB Control No. 0648-0575

    The ADF&G Saltwater Sport Fishing Charter Trip Logbook, GAF 
Electronic Landing Report, and GAF Permit Log are mentioned in this 
proposed rule. This rule may require a few more businesses that 
currently do not complete reports and logbooks to do so; however, the 
public reporting burden for these items in this collection-of-
information are not directly affected by this proposed rule.

OMB Control No. 0648-0592

    Applications for CHPs and applications for GAF transfers are 
mentioned in this proposed rule. This rule may result in a few more 
businesses that currently do not have CHPs and GAF transfers to 
purchase and apply for them, respectively; however, the public 
reporting burden for these applications in this collection-of-
information are not directly affected by this proposed rule.
    Public reporting burden includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Public comment is sought regarding whether these proposed 
collections of information are necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to NMFS at the above address, and by 
email to <a href="/cdn-cgi/l/email-protection#6c23253e2d333f190e01051f1f0503022c03010e4209031c420b031a"><span class="__cf_email__" data-cfemail="e2adabb0a3bdb197808f8b91918b8d8ca28d8f80cc878d92cc858d94">[email protected]</span></a>, or fax to 202-395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number. All currently approved NOAA 
collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Antarctica, Canada, Exports, 
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources, 
Reporting and recordkeeping requirements, Russian Federation, 
Transportation, Treaties, Wildlife.

    Dated: November 26, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 300 as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart E--Pacific Halibut Fisheries

0
1. The authority citation for part 300, subpart E, continues to read as 
follows:

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

0
2. In Sec.  300.61:
0
a. Revise the definitions of ``Charter vessel angler'', ``Charter 
vessel fishing trip'', ``Charter vessel guide'', ``Charter vessel 
operator'', and ``Sport fishing guide services''; and
0
b. Add definitions for ``Charter vessel'' and ``Compensation'' in 
alphabetical order to read as follows:


Sec.  300.61  Definitions.

* * * * *
    Charter vessel, for purposes of Sec. Sec.  300.65, 300.66, and 
300.67, means a vessel used while providing or receiving sport fishing 
guide services for halibut.
    Charter vessel angler, for purposes of Sec. Sec.  300.65, 300.66, 
and 300.67, means a person, paying or non-paying, receiving sport 
fishing guide services for halibut.
    Charter vessel fishing trip, for purposes of Sec. Sec.  300.65, 
300.66, and 300.67, means the time period between the first deployment 
of fishing gear into the water from a charter vessel by a charter 
vessel angler and the offloading of one or more charter vessel anglers 
or any halibut from that vessel.
    Charter vessel guide, for purposes of Sec. Sec.  300.65, 300.66 and 
300.67, means a person who holds an annual sport fishing guide license 
or registration issued by the Alaska Department of Fish and Game, or a 
person who provides sport fishing guide services.
    Charter vessel operator, for purposes of Sec.  300.65, means the 
person in control of the charter vessel during a charter vessel fishing 
trip.
* * * * *

[[Page 71738]]

    Compensation, for purposes of sport fishing for Pacific halibut in 
Commission regulatory areas 2C and 3A, means direct or indirect 
payment, remuneration, or other benefits received in return for 
services, regardless of the source; for this definition, ``benefits'' 
includes wages or other employment benefits given directly or 
indirectly to an individual or organization, and any dues, payments, 
fees, or other remuneration given directly or indirectly to a fishing 
club, business, organization, or individual who provides sport fishing 
guide services; and does not include reimbursement for the actual daily 
expenses for fuel, food, or bait.
* * * * *
    Sport fishing guide services, for purposes of Sec. Sec.  300.65(d) 
and 300.67, means assistance, for compensation or with the intent to 
receive compensation, to a person who is sport fishing, to take or 
attempt to take halibut by accompanying or physically directing the 
sport fisherman in sport fishing activities during any part of a 
charter vessel fishing trip. Sport fishing guide services do not 
include services provided by a crew member, as defined at Sec.  300.61.
* * * * *
0
3. In Sec.  300.65,
0
a. Revise paragraphs (c)(5)(iii)(A)(5); (c)(5)(iv)(A) and (G); (d)(3); 
(d)(4)(i); (d)(4)(ii)(B); (d)(4)(ii)(B)(1) through (4); and 
(d)(4)(iii)(A)(1);
0
b. Add paragraph (d)(4)(iii)(A)(5);
0
c. Revise paragraph (d)(4)(iii)(D)(4); and
0
d. Add paragraph (d)(5) to read as follows:


Sec.  300.65  Catch sharing plan and domestic management measures in 
waters in and off Alaska.

* * * * *
    (c) * * *
    (5) * * *
    (iii) * * *
    (A) * * *
    (5) If a charter vessel angler harvests GAF from a charter vessel 
with a charter vessel guide on board, a legible copy of a GAF permit 
and the assigned charter halibut permit, community charter halibut 
permit, or military charter halibut permit appropriate for the 
Commission regulatory area (2C or 3A) must be carried by the charter 
vessel operator on board the charter vessel used to harvest GAF at all 
times that such fish are retained on board and must be presented for 
inspection on request of any authorized officer. If a charter vessel 
angler harvests GAF from a charter vessel without a charter vessel 
guide on board, the charter vessel guide must retain the GAF permit and 
the assigned charter halibut permit, community charter halibut permit, 
or military charter halibut permit must be on the charter vessel with 
the charter vessel angler.
* * * * *
    (iv) * * *
    (A) If a charter vessel angler harvests GAF from a charter vessel 
with a charter vessel guide on board, the charter vessel guide must 
have on board a valid GAF permit and the valid charter halibut permit, 
community charter halibut permit, or military charter halibut permit 
assigned to the GAF permit for the area of harvest. If a charter vessel 
angler harvests GAF from a charter vessel without a charter vessel 
guide on board, the valid GAF permit must be on board the same vessel 
as the charter vessel guide, and the original charter halibut permit, 
community charter halibut permit, or military charter halibut permit 
assigned to the GAF permit for the area of harvest must be on the 
charter vessel with the charter vessel angler.
* * * * *
    (G) The charter vessel guide must be physically present when the 
GAF halibut is harvested and must immediately remove the tips of the 
upper and lower lobes of the caudal (tail) fin to mark all halibut 
caught and retained as GAF. If the GAF halibut is filleted, the entire 
carcass, with head and tail connected as a single piece, must be 
retained on board the charter vessel on which the halibut was caught 
until all fillets are offloaded.
* * * * *
    (d) * * *
    (3) Charter vessel guide and crew restriction in Commission 
regulatory areas 2C and 3A. A charter vessel guide, charter vessel 
operator, or crew member may not catch and retain halibut during a 
charter vessel fishing trip in Commission regulatory area 2C or 3A, 
except that charter vessel operators who are charter vessel anglers may 
catch and retain halibut during a charter vessel fishing trip if the 
charter vessel guide is on a separate charter vessel.
    (4) * * *
    (i) General requirements. Each charter vessel angler and charter 
vessel guide in Commission regulatory area 2C or 3A must comply with 
the following recordkeeping and reporting requirements, except as 
specified in paragraph (d)(4)(iii)(C) of this section, by the end of 
the calendar day or by the end of the charter vessel fishing trip, 
whichever comes first, unless otherwise specified:
    (ii) * * *
    (B) Charter vessel guide requirements. If halibut were caught and 
retained in Commission regulatory area 2C or 3A, the charter vessel 
guide must record the following information (see paragraphs 
(d)(4)(ii)(B)(1) through (10) of this section) in the Alaska Department 
of Fish and Game Saltwater Charter Logbook.
    (1) Guide license number. The Alaska Department of Fish and Game 
sport fishing guide license or registration number held by the charter 
vessel guide who certified the logbook data sheet.
    (2) Date. Month and day for each charter vessel fishing trip taken. 
A separate logbook data sheet is required for each charter vessel 
fishing trip if two or more trips are taken on the same day. A separate 
logbook data sheet is required for each calendar day that halibut are 
caught and retained during a multi-day trip. A separate logbook sheet 
is required if more than one charter halibut permit is used on a trip.
    (3) Charter halibut permit (CHP) number. The NMFS CHP number(s) 
authorizing charter vessel anglers on that charter vessel fishing trip 
to catch and retain halibut.
    (4) Guided Angler Fish (GAF) permit number. The NMFS GAF permit 
number(s) authorizing charter vessel anglers on that charter vessel 
fishing trip to harvest GAF.
* * * * *
    (iii) * * *
    (A) * * *
    (1) Upon retention of a GAF halibut, the charter vessel guide must 
immediately record on the GAF permit log (on the back of the GAF 
permit) the date that the fish was caught and retained and the total 
length of that fish as described in paragraphs (d)(4)(iii)(D)(5) and 
(d)(4)(iii)(D)(7) of this section. If GAF halibut are retained on a 
charter vessel without a charter vessel guide on board, the charter 
vessel guide must also comply with the reporting requirements in 
paragraph (d)(4)(iii)(A)(5) of this section.
* * * * *
    (5) If a GAF is retained on a charter vessel without a charter 
vessel guide on board, the charter vessel guide must immediately record 
in the ADF&G Saltwater Charter Logbook the GAF permit number under 
which GAF were caught and retained, and the number of GAF kept under 
the corresponding charter vessel angler's name.
* * * * *
    (D) * * *
    (4) Alaska Department of Fish and Game sport fishing guide license 
or registration number held by the charter

[[Page 71739]]

vessel guide who certified the logbook data sheet.
* * * * *
    (5) Carcass retention requirement for size-restricted halibut. If a 
size-restricted halibut is filleted on board the charter vessel, the 
entire carcass, with head and tail connected as a single piece, must be 
retained on board the charter vessel on which it was caught until all 
fillets are offloaded.
* * * * *
0
4. In Sec.  300.66:
0
a. Revise paragraph (h) introductory text, and paragraphs (s) and (t);
0
b. Remove paragraph (u);
0
c. Redesignate paragraphs (v) and (w) as (u) and (v), respectively; and
0
d. Revise newly redesignated paragraphs (u) and (v) to read as follows:


Sec.  300.66  Prohibitions.

* * * * *
    (h) Conduct subsistence fishing for halibut while commercial 
fishing or sport fishing for halibut, as defined in Sec.  300.61, from 
the same vessel on the same calendar day, or possess on board a vessel 
halibut harvested while subsistence fishing with halibut harvested 
while commercial fishing or sport fishing, except that persons 
authorized to conduct subsistence fishing under Sec.  300.65(g), and 
who land their total annual harvest of halibut:
* * * * *
    (s) Be a charter vessel guide with charter vessel anglers on board, 
or a charter vessel operator if the charter vessel guide is not on 
board, in Commission regulatory area 2C or 3A without an original valid 
charter halibut permit for the regulatory area in which the charter 
vessel is operating during a charter vessel fishing trip.
    (t) Be a charter vessel guide in Commission regulatory area 2C or 
3A with more charter vessel anglers catching and retaining halibut 
during a charter vessel fishing trip than the total angler endorsement 
number specified on the charter halibut permit(s) or community charter 
halibut permit(s) in use for that trip.
    (u) Be a charter vessel guide of a charter vessel on which one or 
more charter vessel anglers are catching and retaining halibut in both 
Commission regulatory areas 2C and 3A during one charter vessel fishing 
trip.
    (v) Be a charter vessel guide or a charter vessel operator during a 
charter vessel fishing trip in Commission regulatory area 2C or 3A with 
one or more charter vessel anglers that are catching and retaining 
halibut without having on board the vessel with the charter vessel 
anglers a State of Alaska Department of Fish and Game Saltwater Charter 
Logbook in which the charter vessel guide has specified the following:
    (1) The person named on the charter halibut permit or permits being 
used during that charter vessel fishing trip;
    (2) The charter halibut permit or permits number(s) being used 
during that charter vessel fishing trip; and
    (3) The name and State-issued vessel registration (AK number) or 
U.S. Coast Guard documentation number of the charter vessel.
0
5. In Sec.  300.67, revise paragraphs (a)(1) and (a)(3) to read as 
follows:


Sec.  300.67  Charter halibut limited access program.

* * * * *
    (a) * * *
    (1) In addition to other applicable permit, licensing, or 
registration requirements, any charter vessel guide of a charter vessel 
during a charter vessel fishing trip with one or more charter vessel 
anglers catching and retaining Pacific halibut on board must have on 
board the vessel an original valid charter halibut permit or permits 
endorsed for the regulatory area in which the charter vessel is 
operating and endorsed for at least the number of charter vessel 
anglers who are catching and retaining Pacific halibut. Each charter 
halibut permit holder must ensure that the charter vessel operator and 
charter vessel guide of the charter vessel comply with all requirements 
of Sec. Sec.  300.65, 300.66, and 300.67.
* * * * *
    (3) Charter vessel angler endorsement. A charter halibut permit is 
valid for up to the maximum number of charter vessel anglers on a 
single charter vessel for which the charter halibut permit is endorsed.
* * * * *
[FR Doc. 2014-28443 Filed 12-2-14; 8:45 am]
BILLING CODE 3510-22-P


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