[Federal Register Volume 75, Number 128 (Tuesday, July 6, 2010)]
[Proposed Rules]
[Pages 38758-38763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16358]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 100503209-0215-01]
RIN 0648-AY85
Pacific Halibut Fisheries; Limited Access for Guided Sport
Charter Vessels in Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations that would amend the limited access
program for charter vessels in the guided sport fishery for Pacific
halibut in the waters of International Pacific Halibut Commission
Regulatory Area 2C (Southeast Alaska) and Area 3A (Central Gulf of
Alaska). If approved, the proposed action would revise the method for
assigning angler endorsements to charter halibut permits to more
closely align each endorsement with the greatest number of charter
vessel anglers reported for each vessel that a charter business used to
qualify for a charter halibut permit. 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 August 5, 2010.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by ``RIN
0648-AY85,'' by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal website at http://www.regulations.gov.
Mail: P. O. Box 21668, Juneau, AK 99802.
Fax: 907-586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK 99801.
All comments received are a part of the public record and will
generally be posted to http://www.regulations.gov without change. No
comments will be posted for public viewing until after the comment
period has closed. All personal identifying information (e.g., name,
address) voluntarily submitted by the commenter may be publicly
accessible. Do not submit confidential business information or
otherwise sensitive or protected information.
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, Excel, WordPerfect, or
Adobe portable document file (pdf) formats only.
Electronic copies of the Categorical Exclusion, the Regulatory
Impact Review (RIR), and the Initial Regulatory Flexibility Analysis
(IRFA) prepared for this action are available from http://www.regulations.gov or from the NMFS Alaska Region website at http://alaskafisheries.noaa.gov. The Environmental Assessment, RIR, and Final
Regulatory Flexibility Analysis for the charter halibut limited access
program are available from the NMFS Alaska Region website at http://alaskafisheries.noaa.gov.
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 above address) and by e-mail
to [email protected] or fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Rachel Baker, 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
promulgates regulations governing the Pacific halibut
[[Page 38759]]
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,
D.C., on March 29, 1979). Regulations developed by the IPHC are subject
to approval by the Secretary of State with concurrence from the
Secretary of Commerce (Secretary). After approval by the Secretary of
State and the Secretary, the IPHC regulations are published in the
Federal Register as annual management measures pursuant to 50 CFR
300.62. The most recent IPHC regulations were published March 18, 2010
(75 FR 13024). IPHC regulations affecting sport fishing for halibut and
charter vessels in IPHC Areas 2C and 3A may be found in sections 3, 25,
and 28 of the March 18 final rule.
The Halibut Act, at sections 773c(a) and (b), provides the
Secretary 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 is directed to consult with the Secretary of the
department in which the U.S. Coast Guard is operating.
Section 773c(c) of the Halibut Act also authorizes the North
Pacific Fishery Management Council (Council) to develop regulations,
including limited access regulations, that are in addition to, and not
in conflict with, approved IPHC regulations. Such Council-developed
regulations may be implemented by NMFS only after approval by the
Secretary. The Council has exercised this authority most notably in the
development of its commercial fishery Individual Fishing Quota Program,
codified at 50 CFR part 679, subsistence halibut fishery management
measures, codified at 50 CFR 300.65, and the limited access program for
charter vessels in the guided sport fishery, codified at 50 CFR 300.67.
Charter Halibut Limited Access Program
In March 2007, the Council recommended a limited access program for
charter vessels in IPHC Areas 2C and 3A. The intent of the program was
to curtail growth of fishing capacity in the charter sector by limiting
the number of charter vessels that may participate in the guided sport
fishery for halibut in Areas 2C and 3A. NMFS published a final rule
implementing the program on January 5, 2010 (75 FR 554). Under the
program, NMFS will issue a charter halibut permit to a licensed charter
fishing business owner based on his or her past participation in the
charter halibut fishery. Portions of the limited access program final
rule related to eligibility criteria, the permit application process,
and other administrative procedures became effective on February 4,
2010. The requirement to have a charter halibut permit on board a
charter vessel fishing for halibut will become effective on February 1,
2011. This schedule enables NMFS to complete most administrative
procedures and issue charter halibut permits in 2010, in preparation
for fishing under the program in 2011.
Qualifications for Charter Halibut Permit
An applicant must demonstrate participation in the charter halibut
fishery during a historic qualifying period and during a recent
participation period to receive an initial allocation of a charter
halibut permit. The historic qualifying period is the sport fishing
season established by the IPHC in 2004 and 2005 (February 1 through
December 31). Minimum participation criteria need be met in only one of
these years-2004 or 2005. The recent participation period is the sport
fishing season established by the IPHC in 2008 (February 1 through
December 31). This year was selected as the recent participation period
because, at the time of program implementation, it was the most recent
year for which NMFS had a complete record of saltwater charter vessel
logbook data from the Alaska Department of Fish and Game (ADF&G).
The basic unit of participation for receiving a charter halibut
permit will be a logbook fishing trip. A logbook fishing trip is an
event that was reported to ADF&G in a saltwater charter vessel logbook
in accordance with the time limit required for reporting such a trip
that was in effect at the time of the trip.
The minimum participation qualifications include documentation of
at least five logbook fishing trips during one of the qualifying years-
2004 or 2005-and at least five logbook fishing trips during 2008.
Meeting these minimum participation qualifications could qualify an
applicant for a non-transferable charter halibut permit. The minimum
participation qualifications for a transferable charter halibut permit
include documentation of at least 15 logbook fishing trips during one
of the qualifying years-2004 or 2005-and at least 15 logbook fishing
trips during 2008.
Angler Endorsements
Each charter halibut permit will have an angler endorsement number.
The angler endorsement number on the permit is the maximum number of
charter vessel anglers that may catch and retain halibut on board the
vessel. The term ``charter vessel angler'' is defined by regulation at
50 CFR 300.61 to include all persons, paying or non-paying, who use the
services of the charter vessel guide. The angler endorsement assigned
to a charter halibut permit would not limit the number of persons that
an operator may carry, only the number that may catch and retain
halibut.
A permit holder may use a charter halibut permit on board any
vessel that meets federal and state requirements to operate as a
charter vessel in the guided sport fishery for halibut in Areas 2C and
3A. A vessel operator will be able to use multiple permits to increase
the number of charter vessel anglers on board. For example, if a vessel
operator has two charter permits on board, one with an angler
endorsement of four and one with an endorsement of six, then the vessel
operator can have a maximum of 10 charter vessel anglers on board who
are catching and retaining halibut, if the operator is otherwise
authorized to carry 10 persons. If other restrictions, such as United
States Coast Guard safety regulations, prevent 10 anglers from being on
board the vessel, the charter halibut permits will not authorize the
vessel operator to violate those provisions of law.
Under the final rule implementing the limited access program (75 FR
554, January 5, 2010), the angler endorsement assigned to a charter
halibut permit for all qualified businesses would be equal to the
greatest number of anglers reported for any vessel the business used
for at least one logbook fishing trip in the qualifying period, subject
to a minimum endorsement of four. All permits issued to an applicant
would have the same angler endorsement. For example, if a business
qualified for three charter halibut permits using three vessels, each
permit issued to the business would be assigned the same angler
endorsement, even if the greatest number of charter vessel anglers
reported was different for each vessel the business used in the
qualifying period.
The Proposed Action
In February 2010, the Council expressed concern about the method of
assigning angler endorsements to the second and subsequent charter
halibut permits issued to businesses receiving
[[Page 38760]]
more than one permit. The Council noted that in some cases, the
greatest number of charter vessel anglers reported for a vessel could
be greater than the number of anglers reported on other vessels the
business used to qualify for charter halibut permits. For example, if
an applicant used three vessels to qualify for three permits, and
reported a maximum of six charter vessel anglers for one vessel's
trips, a maximum of four charter vessel anglers for the second vessel,
and a maximum of three charter vessel anglers for the third vessel in
the qualifying period, under the final rule the applicant would be
issued three charter halibut permits, each with an angler endorsement
of six. The Council was concerned about this method of assigning angler
endorsements because the total number of angler endorsements the
applicant would receive on all permits combined could be greater than
the total number of charter vessel anglers the business reported for
all of the vessels it used in the qualifying period. The Council also
was concerned that the method of assigning angler endorsements under
the final rule could result in an increase in fishing capacity the
Council did not intend. The total number of angler endorsements that
would be assigned to permits under the final rule potentially could
enable a greater number of charter vessel anglers to catch and retain
halibut under the limited access program than qualifying charter
operators reported during the qualifying period.
The Council initiated this proposed action to more closely align
angler endorsements assigned to the second and subsequent permits
issued to a business with a permit recipient's vessel-specific activity
during the qualifying period. Using the previous example in which the
applicant would receive three charter halibut permits, under this
action, each permit's angler endorsement would be derived from the
number of charter vessel anglers reported for each vessel the applicant
used in the qualifying period, with a minimum endorsement of four. The
applicant would receive one permit with an angler endorsement of six,
and two permits with an angler endorsement of four.
In recommending the proposed action, the Council clarified that the
status quo method of assigning an angler endorsement to the first
charter halibut permit received by a business receiving more than one
permit, and to the only permit received by a business receiving one
permit is consistent with its intent, because the angler endorsement
assigned to these permits would be derived from the greatest number of
anglers reported for any vessel the business used for at least one
logbook fishing trip in the qualifying period. The proposed rule would
maintain the status quo method for assigning angler endorsements to the
first charter halibut permit issued to all qualifying applicants, and
would only change the method used to assign angler endorsements to each
subsequent permit received by qualified applicants.
Revised Method of Assigning Angler Endorsements
The Council reviewed the RIR/IRFA (see ADDRESSES) prepared for this
action in April 2010, and selected a preferred alternative to revise
the method of assigning angler endorsements to charter halibut permits
issued to businesses receiving more than one permit for Area 2C, Area
3A, or both. Under the proposed rule, for applicants that qualify for
more than one charter halibut permit, NMFS would determine the greatest
number of charter vessel anglers the applicant reported for each vessel
the applicant used in the qualifying period (2004 and 2005). Each of
these numbers would equal a vessel-specific angler endorsement number
that would be assigned to a charter halibut permit issued to the
applicant. NMFS would assign a vessel-specific angler endorsement of
four if the applicant's greatest number of reported anglers was fewer
than four on that vessel in the qualifying period. A vessel-specific
angler endorsement number would be used only once to assign an angler
endorsement to a charter halibut permit, unless the applicant used the
same vessel to qualify for a permit in Area 2C and Area 3A.
For each affected applicant, NMFS would assign the vessel-specific
angler endorsement numbers for each area in descending order. The
greatest vessel-specific angler endorsement number derived from any
vessel the business used in the qualifying period would be assigned to
the first transferable permit the applicant would receive. Once this
vessel-specific angler endorsement number is assigned to a charter
halibut permit, that number could not be assigned any additional angler
endorsements for that area. The next greatest vessel-specific angler
endorsement number would be assigned to the first subsequent
transferable permit the applicant would receive, and this process of
assigning endorsement numbers to transferable permits would continue
until all transferable permits for an applicant were assigned an angler
endorsement. When all transferable charter halibut permits have been
assigned an angler endorsement, the next greatest vessel-specific
angler endorsement number would be assigned to the first non-
transferable permit that the applicant would receive. The same process
would continue until all non-transferable permits were assigned an
angler endorsement. If the applicant would receive charter halibut
permits for both Area 2C and Area 3A, the process would be repeated
using the vessel-specific angler endorsement numbers for the second
area.
If the applicant would receive only one or more non-transferable
charter halibut permits for an area, the greatest vessel-specific
angler endorsement number would be assigned to the first non-
transferable permit the applicant would receive. The next greatest
vessel-specific angler endorsement number would be assigned to the next
non-transferable permit, and this process would continue until all non-
transferable permits issued to the business were assigned an angler
endorsement, and repeated for a second area, if necessary.
This method of assigning angler endorsements was used in the
Council's 2007 initial review and public review drafts of the RIR
prepared for the charter halibut limited access program (see ADDRESSES)
to illustrate the effects of the angler endorsement element and
options. The angler endorsement assignment method was not stated
explicitly in the Council motion in which it identified its preferred
alternative in March 2007. However, the Council determined in April
2010 that this method was consistent with its intent for assigning
angler endorsements to charter halibut permits.
Effects of the Proposed Action
The effects of the proposed action are discussed in detail in the
RIR/IRFA prepared for this action (see ADDRESSES). The proposed action
would affect only the number of angler endorsements that would be
assigned to charter halibut permits initially issued to applicants that
would receive more than one permit in an area. It would not affect the
number of transferable and non-transferable charter halibut permits
that will be initially issued under the limited access program prior to
the start of the 2011 fishing season. The RIR prepared for this action
(see ADDRESSES) estimates that approximately 89, or 39 percent, of
apparently qualified charter business owners would qualify for more
than one charter halibut permit in Area 2C and approximately 69, or 24
percent, of apparently qualified charter business
[[Page 38761]]
owners would qualify for more than one charter halibut permit in Area
3A. The Council's preferred alternative would result in approximately
2,618 angler endorsements assigned to 501 permits in Area 2C. This
would be a reduction of approximately 13 percent from the 3,001 angler
endorsements estimated to be assigned to charter halibut permits under
the method used to assign angler endorsements in the final rule
implementing the limited access program. In Area 3A, the Council's
preferred alternative would result in approximately 3,122 angler
endorsements assigned to 410 permits. This would be a reduction of
approximately 11 percent from the 3,524 endorsements estimated to be
assigned to permits under the final rule implementing the limited
access program.
The proposed action would reduce the angler endorsement numbers
assigned to some charter halibut permits, while leaving other angler
endorsement numbers unaffected. A permit with fewer angler endorsements
would authorize fewer charter vessel anglers to catch and retain
halibut on a fishing trip. In general, this could reduce the revenue
the charter halibut permit holder would receive from using that permit
relative to the status quo. Transferable charter halibut permits with
reduced angler endorsement numbers under the proposed action also
likely would transfer for a lower value.
A charter halibut permit applicant receiving one or more charter
halibut permits with a reduced angler endorsement under the proposed
action would be adversely impacted. Future holders of affected permits
likely would not be affected: while they would be able to generate less
revenue from a charter halibut permit with a lower angler endorsement
number, the purchase price of the permit likely would be less. Absent
unexpected events, the reduced charter halibut permit value likely
would be balanced by the reduced purchase costs of affected permits. A
charter halibut permit recipient whose angler endorsement number would
not be changed under the proposed action should not incur any costs
from this action.
The Council intended for NMFS to revise angler endorsements before
initially issuing charter halibut permits prior to the 2011 charter
season. The proposed rule would increase administrative costs for NMFS
because it would require an appeals process (see Implementation of the
Proposed Action section below), in addition to the process established
for charter halibut permits under the limited access program final rule
(75 FR 554, January 5, 2010). This appeals process would result in NMFS
initially issuing charter halibut permits closer to the anticipated
start of the 2011 charter season on February 1 than it intended under
the status quo. This later permit issuance schedule could create some
uncertainty for affected charter halibut permit applicants with respect
to planning for the 2011 season, particularly for those applicants who
already have indicated they accepted the angler endorsement numbers
assigned to their permits under the current regulations.
Although the proposed action would have distributional impacts on
individual charter business owners, revising the method of assigning
angler endorsements to charter halibut permits likely would not impact
current charter industry capacity and the sector's ability to meet
angler demand. The RIR (see ADDRESSES) estimates that the number of
angler endorsements that would be issued under the proposed action
would provide sufficient charter capacity to meet current angler
demand, and even potentially some increase in demand. Similarly, the
proposed action is not expected to have a large impact on angler demand
for charter vessel trips or the harvest of halibut by charter vessel
anglers because of the action's limited impact on capacity in the
charter vessel sector.
Implementation of the Proposed Action
To implement the proposed action, NMFS would create an official
record of charter business participation in Areas 2C and 3A during the
qualifying period and the recent participation period. The official
record would be based on data from ADF&G, and would link each logbook
fishing trip to an ADF&G Business Owner License and to the person-
individual, corporation, partnership, or other entity-that obtained the
license. Thus, the official record would include information from ADF&G
on the person(s) who obtained ADF&G Business Owner Licenses in the
qualifying period, and in the recent participation period; the logbook
fishing trips in those years that met the State of Alaska's legal
requirements; the Business Owner License that authorized each logbook
fishing trip; and the vessel that made each logbook fishing trip. The
official record also would include the angler endorsement assigned to
each charter halibut permit using the method implemented by the
proposed regulatory amendment.
If the proposed rule is approved, NMFS would notify all affected
business owners of the revised angler endorsement(s) assigned to the
charter halibut permit(s) they would be issued after the effective date
of the rule. Affected business owners would have 30 days to challenge
NMFS' determination. Charter business owners could submit documentation
or further evidence in support of their claim during this 30-day
evidentiary period. If NMFS accepts the business owner's documentation
as sufficient to change the agency determination, NMFS would change the
official record and issue a charter halibut permit with a revised
angler endorsement accordingly. If NMFS does not agree that the further
evidence supports the participant's claim, NMFS would issue an initial
administrative determination (IAD) denying the participant's claim, and
issue the participant's charter halibut permit(s) consistent with the
official record. The IAD would describe why NMFS is initially denying
some or all of an applicant's claim and would provide instructions on
how to appeal the IAD.
Charter business owners would be able to appeal an IAD through the
NOAA Office of Administrative Appeals (OAA). The OAA is a separate unit
within the office of the Regional Administrator for the Alaska Region
of NMFS. The OAA is charged with developing a record and preparing a
formal decision on all appeals. Unless the Regional Administrator
intervenes, the OAA decision becomes the Final Agency Action 30 days
after the decision is issued. An applicant who is aggrieved by the
Final Agency Action may then appeal to the U.S. District Court.
Regulations at 50 CFR 679.43 provide a regulatory description of the
existing appeals process. NMFS would issue interim permits to
applicants who filed timely applications and whose appeal is accepted
by NOAA.
Classification
Regulations governing the U.S. fisheries for Pacific halibut are
developed by the IPHC, the Pacific Fishery Management Council, the
Council, and the Secretary. Section 5 of the Northern Pacific Halibut
Act of 1982 (16 U.S.C. 773c) allows the Regional Council having
authority for a particular geographical area to develop regulations
governing the allocation and catch of halibut in U.S. Convention
waters, as long as those regulations do not conflict with IPHC
regulations. This action is consistent with the Council's authority to
allocate halibut catches among fishery participants in the waters in
and off Alaska.
[[Page 38762]]
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Executive Order 12962
This proposed rule is consistent with Executive Order 12962 as
amended September 26, 2008, which requires federal agencies to ensure
that recreational fishing is managed as a sustainable activity, and is
consistent with existing law.
Regulatory Flexibility Act
An 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 the legal basis for this action
may be found at the beginning of this preamble. A summary of the IRFA
follows. Copies of the IRFA are available from NMFS (see ADDRESSES).
The entities directly regulated by this action are guided charter
businesses that would qualify to receive more than one charter halibut
permit in IPHC Areas 2C and 3A. NMFS estimates that under the status
quo, 89 firms would qualify to receive more than one charter halibut
permit in Area 2C, and 69 firms would qualify to receive more than one
charter halibut permit in Area 3A. While quantitative information on
individual charter business revenues is lacking, almost all of these
firms are believed to be small entities under the terms of the
Regulatory Flexibility Act. The only exceptions may be some lodge-based
operations in Southeast Alaska.
The Small Business Administration (SBA) specifies that for marinas
and charter/party boats, a small business is one with annual receipts
less than $6.0 million. The largest of these charter operations, which
are lodges, may be considered large entities under SBA standards, but
that cannot be confirmed because NMFS does not collect economic data on
lodges. All of the other charter operations likely would be considered
small entities based on SBA criteria, because they would be expected to
have gross revenues of less than $6.0 million on an annual basis.
The analysis prepared for the proposed action did not identify any
new projected reporting, recordkeeping and other compliance
requirements on directly regulated entities. If the proposed rule is
approved, NMFS would notify affected applicants of the change to the
angler endorsement assigned to a charter halibut permit that would be
issued to an applicant.
NMFS has not identified other federal rules that may duplicate,
overlap, or conflict with the proposed rule.
An IRFA is required to describe significant alternatives to the
proposed rule that accomplish the stated objectives of the Magnuson-
Stevens Fishery Conservation and Management Act, and other applicable
statutes and that would minimize any significant economic impact of the
proposed rule on small entities.
The status quo alternative does not achieve the Council's
objectives for determining the number of angler endorsements assigned
to charter halibut permits. The objective of this action is to more
closely align angler endorsements assigned to the second and subsequent
charter halibut permits issued to a business with the actual greatest
number of anglers for each vessel that a business used to qualify for
charter halibut permits. The Council's preferred alternative for this
action would reduce the total number of angler endorsements assigned to
charter halibut permits from the number of endorsements that would be
assigned under the status quo alternative.
As noted above, all or most of the entities that would be directly
impacted by this regulation are small entities. This action likely
would have an insignificant adverse impact on some of these entities
relative to the status quo alternative, by reducing the number of
angler endorsements assigned to charter halibut permits they would be
initially issued. A reduction in the number of angler endorsements
assigned to a charter halibut permit generally would reduce the
potential for profit from that permit, because a permit with fewer
endorsements would authorize fewer charter vessel anglers on any given
fishing trip. However, the RIR/IRFA (see ADDRESSES) prepared for this
action notes that individual charter halibut permits could be used more
or less intensively by charter vessel operators to meet angler demand.
Charter vessel operators that receive a reduced number of angler
endorsements under the proposed action could counteract this reduction
by increasing the average number of anglers on a charter vessel fishing
trip, or by increasing the average number of charter vessel fishing
trips associated with an individual permit. Changes in the average
number of anglers on an individual charter vessel fishing trip likely
would produce relatively modest changes in the operator's costs and
revenues for the trip. On balance, these changes are unlikely to have a
significant economic impact on an individual charter vessel operator.
The Council considered two options to the preferred alternative.
One option would have determined a vessel-specific angler endorsement
for businesses receiving more than one charter halibut permit for all
vessels used in only one year of the qualifying period, rather than
considering all vessels in both 2004 and 2005. Another option would
have used the same one-year restriction for determining angler
endorsements, but applied the proposed action to all businesses that
would qualify to receive charter halibut permits, rather than limiting
the action only to charter businesses that would qualify to receive
more than one charter halibut permit. The Council rejected these
options because they would result in changes to the status quo method
of assigning angler endorsements to the first charter halibut permit
issued to affected businesses, in addition to changing the status quo
method of assigning angler endorsements to the second and subsequent
charter halibut permit issued to affected businesses. In recommending
the preferred alternative, the Council clarified that it intended to
revise the status quo method of assigning an angler endorsement only to
the second and subsequent charter halibut permits received by a
business receiving more than one permit. The Council did not intend to
revise the status quo method of assigning an angler endorsement to the
first charter halibut permit received by a business receiving one or
more charter halibut permits. Therefore, the preferred alternative
accomplishes the distributional objectives of the Council with the
least adverse impact on directly regulated entities.
Data on cost structure, affiliation, and operational procedures and
strategies in the halibut charter vessel sector are unavailable, and
NMFS is unable to quantify the economic impacts of the proposed action
on affected small entities for any of the options analyzed. The
qualitative analysis in the RIR/IRFA (see ADDRESSES) estimates that
none of the options considered under the proposed action would be
expected to have a significant impact on small entities. While there
may be some costs imposed on small entities through impacts on permit
flexibility and implementation expenses, these impacts are likely to be
small, because of the limited impact of the proposed action on the
operational efficiency of an individual charter operator.
Collection of Information
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act (PRA), which
[[Page 38763]]
has been approved by the Office of Management and Budget (OMB) under
control number 0648-0592. Public reporting burden estimate per response
for the charter halibut permit application is two hours. This estimate
includes the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection-of-information. Send comments regarding this
burden estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS (see ADDRESSEES) and by e-
mail to [email protected], or fax to 202-395-7285.
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.
List of Subjects in 50 CFR Part 300
Fisheries, Fishing, Reporting and recordkeeping requirements,
Treaties.
Dated: June 29, 2010.
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, subpart E, as follows:
PART 300-INTERNATIONAL FISHERIES REGULATIONS
1. The authority citation for part 300, subpart E, continues to
read as follows:
Authority: 16 U.S.C. 773-773k.
2. In Sec. 300.67:
a. Redesignate paragraphs (e)(1) and (e)(2) as paragraphs (e)(5)
and (e)(6), respectively;
b. Revise paragraph (e) introductory text;
c. Add paragraphs (e)(1) through (e)(4); and
d. Revise newly redesignated paragraph (e)(5) to read as follows:
Sec. 300.67 Charter halibut limited access program.
* * * * *
(e) Angler endorsement. A charter halibut permit will be endorsed
as follows:
(1) The angler endorsement number for the first transferable permit
for an area issued to an applicant will be the greatest number of
charter vessel anglers reported on any logbook trip in the qualifying
period in that area.
(2) The angler endorsement number for each subsequent transferable
permit issued to the same applicant for the same area will be the
greatest number of charter vessel anglers reported by the applicant on
any logbook trip in the qualifying period for a vessel not already used
in that area to determine an angler endorsement, until all transferable
permits issued to the applicant are assigned an angler endorsement.
(3) The angler endorsement number for the first non-transferable
permit for an area issued to an applicant will be the greatest number
of charter vessel anglers reported on any logbook trip in the
qualifying period for a vessel not already used to determine an angler
endorsement in that area.
(4) The angler endorsement number for each subsequent non-
transferable permit issued to the same applicant for the same area will
be the greatest number of charter vessel anglers reported by the
applicant on any logbook trip in the qualifying period for a vessel not
already used in that area to determine an angler endorsement, until all
non-transferable permits issued to the applicant are assigned an angler
endorsement.
(5) The angler endorsement number will be four (4) if the greatest
number of charter vessel anglers reported on any logbook fishing trip
for an area in the qualifying period is less than four (4), or no
charter vessel anglers were reported on any of the applicant's logbook
fishing trips in the applicant-selected year.
* * * * *
[FR Doc. 2010-16358 Filed 7-2-10; 8:45 am]
BILLING CODE 3510-22-S