[Federal Register Volume 67, Number 18 (Monday, January 28, 2002)]
[Proposed Rules]
[Pages 3867-3873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2005]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 011206293-1293-01; I.D. 101501A]
RIN 0648-AK17


Pacific Halibut Fisheries; Guideline Harvest Levels for the 
Guided Recreational Halibut Fishery

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 to implement a guideline harvest 
level (GHL) and a system of harvest reduction measures for managing the 
harvest of Pacific halibut in the guided recreational fishery in 
International Pacific Halibut Commission (Commission) areas 2C and 3A 
off Alaska. The GHL would establish an estimated amount of halibut 
harvests that may be taken annually in the guided recreational fishery. 
The system of harvest reduction measures would provide for a number of 
management measures to take effect incrementally in the event that 
harvests exceed the GHL. This action is necessary to allow NMFS to 
manage more comprehensively the Pacific halibut stocks in waters off 
Alaska. It is intended to further the management and conservation goals 
of the Northern Pacific Halibut Act of 1982 (Halibut Act).

DATES: Comments on the proposed rule must be received by February 27, 
2002.

ADDRESSES: Comments must be sent to Sue Salveson, Assistant Regional 
Administrator for Sustainable Fisheries, Alaska Region, NMFS, P.O. Box 
21668, Juneau, AK 99802, Attn: Lori Gravel, or delivered to the Federal 
Building, 709 West 9th Street, Juneau, AK. Copies of the Environmental 
Assessment/Regulatory Impact Review/Initial Regulatory Flexibility 
Analysis (EA/RIR/IRFA) prepared for this action are available from the 
North Pacific Fishery Management Council at 605 West 4th Avenue, Suite 
306, Anchorage, AK 99501-2252.

SUPPLEMENTARY INFORMATION:

Background

    The Commission promulgates 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). The Commission's regulations are 
subject to approval by the Secretary of State with concurrence of the 
Secretary of Commerce (Secretary) (16 U.S.C. 773b). Additional 
management measures may be developed by the North Pacific Fishery 
Management Council (Council) to allocate harvesting privileges among 
U.S. fishermen. The Halibut Act provides NMFS with authority to 
implement such allocation measures through regulatory amendments 
approved by the Secretary in consultation with the Council. In addition 
to the IPHC regulations, the commercial halibut fishery off Alaska is 
managed under the halibut Individual Fishing Quota (IFQ) Program 
implemented in 1995.
    Each year the Commission staff assesses the abundance and potential 
yield of Pacific halibut using all available data from the commercial 
fishery and scientific surveys. Harvest limits for 10 regulatory areas 
are determined by fitting a detailed population model to the data from 
each area. A biological target level for total removals in a given area 
is then calculated by multiplying a fixed harvest rate, presently 20 
percent, to the estimate of exploitable biomass. This target level is 
called the ``constant exploitation yield'' (CEY) for that area in the 
coming year. Each CEY represents the total allowable harvest (in net 
pounds) for that area, which cannot be exceeded. The Commission then 
estimates the sport and personal use, subsistence harvests, wastage, 
and bycatch mortalities for each area. These are subtracted from the 
CEY and the remainder may be set as the catch quota for each area's 
directed commercial fixed gear fishery. Allocations to the guided 
recreational fishery are thus unrestricted within the CEY and represent 
an open-ended allocation to the guided recreational fishery from quota 
available to the commercial halibut fishery. Hence, as the guided 
recreational fishery expands, its harvests reduce the pounds available 
to be fished in the commercial halibut fishery and, subsequently, the 
value of quota shares (QS) in the IFQ Program.
    The Council has discussed the expansion of the halibut guided 
recreational fleet since 1993, when the rapid increase in guided 
recreational vessel effort in some small Alaskan communities, such as 
Sitka, gave rise to concerns about localized depletion of the halibut 
resource and the potential reallocation of greater percentages of the 
CEY from the IFQ fishery to the guided recreational vessel fishery. In 
1995, the Council developed the following six-point problem statement 
to direct its analysis of issues attending the guided recreational 
halibut fishery:

    The recent expansion of the halibut charter industry may make 
achievement of Magnuson-Stevens Act National Standards more 
difficult. Of concern is the Council's ability to maintain the 
stability, economic viability, and diversity of the halibut 
industry, the quality of the recreational experience, the access of 
subsistence users, and the socioeconomic well-being of the coastal 
communities dependent on the halibut resource. Specifically, the 
Council notes the following areas of concern with respect to the 
recent growth of halibut charter operations:
    1. Pressure by charter operations may be contributing to 
localized depletion in several areas.
    2. The recent growth of charter operations may be contributing 
to overcrowding of productive grounds and declining harvests for 
historic sport and subsistence fishermen in some areas.
    3. As there is currently no limit on the annual harvest of 
halibut by charter operations, an open-ended reallocation from the 
commercial fishery to the charter industry is occurring. This 
reallocation may increase if the projected growth of the charter 
industry occurs. The economic and social impact on the commercial 
fleet of this open-ended reallocation may be substantial and could 
be magnified by the IFQ program.
    4. In some areas, community stability may be affected as 
traditional sport, subsistence, and commercial fishermen are 
displaced by charter operators. The uncertainty associated with the 
present situation and the conflicts that are occurring between the 
various user groups may also be impacting community stability.
    5. Information is lacking on the socioeconomic composition of 
the current charter industry. Information is needed that tracks: (1) 
the effort and harvest of individual charter operations; and (2) 
changes in business patterns.
    6. The need for reliable harvest data will increase as the 
magnitude of harvest expands in the charter sector.

    In September 1997, the Council took final action on two management 
actions affecting the halibut guided recreational fishery, culminating 
more than 4 years of discussion, debate, public testimony, and 
analysis. First, the Council

[[Page 3868]]

approved recording and reporting requirements for the halibut guided 
recreational fishery. To implement this requirement, the Alaska 
Department of Fish and Game (ADF&G) Sport Fish Division, under the 
authority of the Alaska Board of Fisheries, instituted a Saltwater 
Charter Vessel Logbook (Logbook) in 1998. Information collected under 
this program provides fishery scientists and managers with the number 
of fish landed and/or released, the date and primary location of 
fishing, the hours and number of lines fished, the number of clients 
and crew fishing, the ownership of the vessel, and the identity of the 
vessel operator.
    The logbook collects such information as the Council and ADF&G 
determined at the time to be essential for managing the guided 
recreational fishery harvests of halibut. It complements additional 
sportfish data collected by the State of Alaska (State) through the 
Statewide Harvest Survey (Harvest Survey), conducted annually since 
1977, and the on-site (creel and catch sampling) surveys conducted 
separately by ADF&G in Southeast and Southcentral Alaska.
    For the second management action in September 1997, the Council 
recommended GHLs for the halibut guided recreational fishery in 
Commission regulatory areas 2C and 3A. The GHLs were based on the 
guided recreational sector receiving 125 percent of its 1995 harvest. 
This amount was equivalent to 12.76 percent and 15.61 percent of the 
combined commercial/guided recreational halibut quota in areas 2C and 
3A, respectively. The Council stated its intent that guided 
recreational harvests in excess of the GHL would not lead to a mid-
season closure of the fishery, but instead would trigger other 
management measures to take effect in years following attainment of the 
GHL. The overall intent was to maintain a stable guided recreational 
season of historical length, using area-specific harvest reduction 
measures. If end-of-season harvest data indicated that the guided 
recreational sector likely would have reached or exceeded its area-
specific GHL in the following season, NMFS would implement measures to 
slow down guided recreational halibut harvest. Given the 1-year lag 
between the end of the fishing season and the availability of that 
year's harvest data, management measures in response to the guided 
recreational fleet's meeting or exceeding the GHL would take up to 2 
years to become effective. However, the Council did not recommend 
specific management measures to be implemented by NMFS if the GHL were 
reached.
    In December 1997, the NMFS Alaska Regional Administrator informed 
the Council that the GHL could not be published as a regulation without 
specific management measures to give it effect. Further, because the 
Council had not recommended specific management measures by which to 
limit harvests if the GHL were reached, no formal approval decision by 
the Secretary was required for the Council's proposed GHL policy, and 
it was not forwarded for review.
    After being notified that its 1997 GHL policy recommendation would 
not be submitted for review, the Council initiated a public process to 
identify GHL management measures. The Council formed a GHL Committee to 
recommend alternative management measures for analysis that would 
constrain guided recreational harvests below the GHL. In April 1999, 
the Council identified the following for analysis: (1) a suite of GHL 
management measure alternatives; (2) alternatives that would change the 
GHL as approved in 1997; and (3) area-wide and local area management 
plan moratorium options under all alternatives. Several factors 
influenced the Council to recommend a program in which the 
implementation of harvest reduction measures would be triggered in 
fishing years subsequent to a year in which the GHL was achieved or 
exceeded. Among these factors were (1) the unavailability of reliable 
in-season catch monitoring for the halibut guided recreational fishery; 
(2) the impracticality of making in-season adjustments to the 
commercial IFQ fishery; and (3) the undesirability of shortening the 
current guided recreational fishing season, which the Commission's 
annual halibut regulations have typically set between February 1 and 
December 31.
    In February 2000, after 7 years of discussing the halibut guided 
recreational fishery, the Council took final action and voted 10-1 to 
recommend a redefined halibut guided recreational GHL and a system of 
management measures, the essential design of which was forged by 
representatives of both the commercial halibut fishery and halibut 
guided recreational fleet. As part of this action, the Council also 
recommended expediting review of a proposal to integrate the halibut 
guided recreational fisheries in Commission Regulatory Areas 2C and 3A 
into the existing commercial IFQ Program. The Council reviewed the 
analysis for that proposal in February, 2001, and, at its meeting the 
following April, it took final action to recommend implementation of 
halibut guided recreational IFQs. If approved by the Secretary, a 
halibut guided recreational IFQ program would supersede the management 
of the fishery under the GHL proposed in this action.

The GHL

    The GHL establishes a pre-season estimate of acceptable annual 
harvests for the halibut fishery in Commission areas 2C and 3A. To 
allow for limited growth of the guided recreational fleet while 
approximating historical harvest levels, the GHLs would be based on 125 
percent of the average of 1995-99 guided recreational harvest estimates 
as reported by the ADF&G's Harvest Survey. By weight, the GHLs would 
equate to 13.05 percent of the combined guided recreational and 
commercial quota in area 2C or 1,432,000 lb (649.5 mt) net weight; and 
14.11 percent of the combined guided recreational and commercial quota 
in area 3A or 3,650,000 lb (1,655.6 mt) net weight.
    The GHL would be responsive to annual reductions in stock 
abundance. In the event of a reduction in either area's halibut stocks, 
as determined by the Commission, the area GHL would be reduced 
incrementally in proportion to the stock reduction. The reductions in 
the GHL would be made using percentages based on the average harvests 
from 1999 to 2000, as a reflection of recent harvest levels.
    For example, should the halibut stock in area 2C fall 15 percent or 
more below its 1999-2000 average, the area 2C GHL would be reduced by 
15 percent, from 1,432,000 lb (649.5 mt) to 1,217,200 lb (552.1 mt). 
Should the area stock abundance fall a further 10 percent or more, the 
GHL would also be reduced by an additional 10 percent from 1,217,200 lb 
(552.1 mt) to 1,095,480 lb (496.9 mt), and so on with further 10 
percent reductions in abundance. As abundance returns to its pre-
reduction level (the 1999-2000 average), the GHL would be increased by 
commensurate incremental percentage points to its initial level of 125 
percent of the average of 1995-99 guided recreational harvest 
estimates.
    In the case of increases in stock abundance, the GHL would never 
exceed its initial level of 1,432,000 lb (649.5 mt) in Area 2C and 
3,650,000 lb (1,655.6 mt) in Area 3A. Setting the GHL at 125 percent of 
the 1995-1999 harvest estimates would allow for limited growth of the 
guided recreational fishery, but would effectively limit further growth 
at this level. NMFS invites public comment on this feature of the 
proposed action.

[[Page 3869]]

Harvest reduction measures

    The GHL will not institute in-season actions to reduce guided 
recreational harvests. Instead, measures to reduce guided recreational 
harvests would be implemented by notification in following years. NMFS 
specifically requests that the public provide comments on this method 
of implementing management measures to reduce halibut harvest. The 
ADF&G typically publishes data on a given year's halibut guided 
recreational harvests from the ADF&G's Logbook program and Harvest 
Survey, respectively, in February and August of the following year. 
Given this delay between a given year's harvests and the issuance of 
logbook and harvest survey reports of the data from those harvests, 
measures to reduce guided recreational harvests would also be delayed 
to ensure the accuracy of data indicating that harvests exceeded the 
GHL.
    NMFS would reduce harvests incrementally, based on the percentage 
at which the previous year's harvests exceeded the GHL. For example, a 
reduction in the daily ``bag limit'' or number of halibut a sport 
angler may harvest each day would be triggered and implemented only as 
the final tool when the GHL is exceeded by greater than 50 percent. 
This measure, like the others for harvests over 20 percent, would be 
implemented in the second year following the year of overharvest. For 
purposes of this limitation, daily bag limit means the amount of 
halibut that may be harvested per calendar day, or as specifically 
defined for waters in and off Alaska, the period from 0001 hours, 
A.l.t., until the following 2400 hours, A.l.t. (See 50 CFR 679.2 
Definitions, Daily reporting period or day.)
    In this system of harvest reduction measures, ``harvest'' means the 
catching and retaining of fish and, in the context of prohibiting 
harvests by a vessel's skipper and crew, is intended only to preclude 
retention by a vessel's skipper and crew and not to prevent a vessel's 
crew from assisting clients in fishing for and catching halibut.
    The system recommended by the Council is as follows.

                        Area 2C Management Tools
------------------------------------------------------------------------
                                             Harvests will be restricted
When annual harvests in the halibut guided      in following years by
    recreational fishery exceed GHL by:          implementation of a
                                                  restriction that:
------------------------------------------------------------------------
Less than 10 percent                        No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period.
10-15 percent                               No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            No operator or crewmember
                                             aboard a guided
                                             recreational vessel may
                                             retain halibut.
16-20 percent                               No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            No operator or crewmember
                                             aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            No person may retain more
                                             than seven halibut
                                             harvested on a guided
                                             recreational vessel during
                                             the calendar year.
21-30 percent                               No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            No operator or crewmember
                                             aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            No person may retain more
                                             than six halibut harvested
                                             on a guided recreational
                                             vessel during the calendar
                                             year.
31-40 percent                               No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            No operator or crewmember
                                             aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            No person may retain more
                                             than five halibut harvested
                                             on a guided recreational
                                             vessel during the calendar
                                             year.
41-50 percent                               No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            No operator or crewmember
                                             aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            No person may retain more
                                             than four halibut harvested
                                             on a guided recreational
                                             vessel during the calendar
                                             year.
More than 50 percent                        No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            No operator or crewmember
                                             aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            No person may retain more
                                             than four halibut harvested
                                             on a guided recreational
                                             vessel during the calendar
                                             year;
                                            Between the dates of August
                                             1 and August 31, no person
                                             may retain more than 1
                                             halibut per day harvested
                                             aboard a guided
                                             recreational vessel.
------------------------------------------------------------------------


                        Area 3A Management Tools
------------------------------------------------------------------------
                                             Harvests will be restricted
When annual harvests in the halibut guided      in following years by
    recreational fishery exceed GHL by:          implementation of a
                                                  restriction that:
------------------------------------------------------------------------
Less than 10 percent                        No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period.
10-20 percent                               No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            No operator or crewmember
                                             aboard a guided
                                             recreational vessel may
                                             retain halibut.
21-30 percent                               No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            No operator or crewmember
                                             aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            No person may retain more
                                             than seven halibut
                                             harvested on a guided
                                             recreational vessel during
                                             the calendar year.

[[Page 3870]]

 
31-40 percent                               No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            No operator or crewmember
                                             aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            No person may retain more
                                             than six halibut harvested
                                             on a guided recreational
                                             vessel during the calendar
                                             year.
41-50 percent                               No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            No operator or crewmember
                                             aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            No person may retain more
                                             than five halibut harvested
                                             on a guided recreational
                                             vessel during the calendar
                                             year.
More than 50 percent                        No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            No operator or crewmember
                                             aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            No person may retain more
                                             than four halibut harvested
                                             on a guided recreational
                                             vessel during the calendar
                                             year;
                                            Between the dates of August
                                             1 and August 31, no person
                                             may retain more than 1
                                             halibut per day harvested
                                             aboard a guided
                                             recreational vessel.
------------------------------------------------------------------------

How the System of Harvest Reduction Measures Would Work

    No guided recreational halibut harvest reduction measures would be 
implemented if the total guided recreational harvest in the area (2C or 
3A) remains at or below the GHL for that area. However, if the GHL is 
exceeded in a given year, appropriate harvest reduction measures would 
be imposed in following years to reduce harvests incrementally by the 
percentage at which the previous year's harvests exceeded the GHL. For 
example, if harvests in Area 2C in 2002 exceeded the GHL by 15 percent, 
halibut guided recreational harvests in that area would be restricted 
in 2003 by prohibiting harvests by skipper and crew and by prohibiting 
a guided recreational vessel from concluding more than one fishing trip 
during which halibut are harvested during a single 24-hour period.
    In years when harvests exceed the GHL by an amount greater than 20 
percent of the GHL, harvest reduction measures would be implemented in 
two phases. First, measures designed to achieve a reduction of up to 20 
percent in guided recreational harvests would be implemented for the 
fishing year following the overage. Second, measures designed to 
achieve greater than 20 percent reductions in harvest (e.g., annual 
limits and a one-fish bag limit in August) would be implemented 1 year 
later to allow for verification from the Harvest Survey of the 
percentage by which guided recreational harvests exceeded the GHL. For 
example, if guided recreational harvests in 3A were exceeded in 2002 by 
35 percent, in 2003, harvests would be restrained by prohibiting 
harvests by skipper and crew and by prohibiting a guided recreational 
vessel from concluding more than one fishing trip during which halibut 
are harvested during a single 24-hour period. In the following year, 
2004, once NMFS has data verifying that the GHL was exceeded by 35 
percent, harvests would be further restrained by imposing an annual 
limit of six fish on each individual angler fishing from a guided 
recreational vessel.
    The reason for the delay in implementing the harvest reduction 
measures is to not over-react to an overharvest until such time that 
NMFS has all data verifying the extent of overharvest, and so that, if 
necessary, either NMFS can institute greater or lesser reduction 
measures or the Council can recommend that measures currently in place 
be removed.
    Once NMFS has preliminary data indicating that the level of 
harvests from a previous season exceeded the GHL, the appropriate 
harvest reduction measures would be triggered [to be in effect] for the 
following season. The Administrator, Alaska Region, NMFS (Regional 
Administrator) would announce such measures by notification in the 
Federal Register prior to the start of the annual sport halibut fishing 
season.
    The proposed system of harvest reduction measures was developed by 
the Council using its best estimates of which measures would have the 
least effect and which the greatest effect. At present, no single 
management measure can be accurately projected as reducing harvests by 
a certain percentage. For this reason, the measures more likely to 
reduce harvests substantially are reserved for curtailing harvests that 
greatly exceed the GHL. The experience of managing the guided 
recreational fishery under this system would likely give the Council 
and NMFS more certain data in the future by which to determine the 
extent of each particular management measure's ability to reduce 
harvests. Therefore, at the end of a sport halibut fishing season 
during which harvest reduction measures were in effect, the Council 
would review such measures to evaluate their efficacy in preventing 
further harvests in excess of the GHL or the appropriateness of lifting 
such management measures. This review accomplishes two goals: the first 
is to evaluate whether the overharvest is likely to continue in the 
subsequent years and the second is to evaluate whether any additional 
refinements are needed for any restrictions currently in place. If the 
Council, in consultation with NMFS, determines that restrictions should 
be lifted or refined, NMFS will undertake rulemaking to implement them, 
so long as the agency approves of such possible changes. Rulemaking 
will be undertaken in accordance with the requirements of applicable 
law.

Implementation Issues

    NMFS is working with the Council and the ADF&G to resolve a number 
of recordkeeping and reporting issues essential to NMFS' ability to 
monitor compliance with the proposed harvest reduction measures. As 
noted above, in 1998 the ADF&G instituted its saltwater charter logbook 
program in response to the Council's initial recommendations for 
managing the halibut guided recreational fishery. The logbook provides 
one means by which NMFS may monitor compliance with harvest reduction 
measures in the field during the fishing season. However, NMFS' access 
to data derived from the logbook is limited by Alaska Statute 16.05.815 
of the State's fish and game regulations, which requires that 
information provided to the State in compliance with its regulations be 
kept confidential and may not be released. This confidentiality 
provision prevents NMFS from accessing logbook data for enforcement 
purposes once logbooks have been submitted to the State and may prevent 
NMFS from accessing the information for such purposes prior to its 
submission to the State.
    Moreover, the information collected by the logbook would not alone 
be sufficient to monitor compliance with

[[Page 3871]]

the harvest reduction measures. NMFS would require additional 
information on times and dates of the end of fishing trips, as well as 
information identifying each individual angler and his or her total 
harvests aboard guided recreational vessels.
    The ADF&G sportfishing license currently requires an angler's up-
to-date information on catches of species that are managed under annual 
limits. Adequate monitoring of an annual limit on halibut harvests 
would require that halibut harvested aboard guided recreational vessels 
be added to this list. The ADF&G sportfishing license would then 
provide an additional means of monitoring compliance with harvest 
reduction measures in the field. NMFS may also require post-season data 
collection on annual limits for enforcement purposes, in which case an 
additional collection-of-information requirement would need to be put 
in place either as part of the logbook or by an alternative means.
    Adequate recordkeeping and reporting requirements and monitoring 
capabilities are imperative to the enforceability and, hence, the 
success of the proposed GHL program in managing harvests by the guided 
recreational fishery. As explained above, NMFS is working with the 
ADF&G and State to resolve these recordkeeping and reporting issues. 
The ability of NMFS to adequately monitor and enforce a program is an 
important consideration when NMFS decides whether to approve 
recommendations of the Council.
    Currently, there are no new collections of information associated 
with this proposed rule. As detailed above, NMFS is working with the 
State of Alaska to obtain the information necessary to enforce this 
rule. Nevertheless, if such efforts fail or necessary information if 
otherwise unavailable, NMFS may implement future collections of 
information in accordance with applicable law if necessary to monitor 
compliance.

Classification

    The Council prepared an IRFA for this action that assesses 
potential impacts on small entities for purposes of the Regulatory 
Flexibility Act (RFA). According to 1999 ADF&G logbook data, 397 guided 
recreational businesses operated in Area 2C, and 434 in Area 3A. All 
831 guided recreational businesses could be considered small entities 
for purposes of the RFA. The proposed action also would impact an 
estimated 4,000 permit holders and 860 registered commercial halibut 
buyers participating in the commercial halibut IFQ Program, many of 
which are small entities. Also classified as small entities under the 
RFA are the many small government jurisdictions with fewer than 50,000 
residents that are home to commercial halibut fishermen and guided 
recreational vessel owners and operators.
    The Council identified the following issues in its discussion of 
the expansion of the halibut guided recreational fleet: (1) possible 
localized depletion of halibut because of fishing pressure by charter 
operations; (2) overcrowding of productive grounds and declining 
harvests for historic sport and subsistence fishermen in some areas; 
(3) economic and social impact on the commercial fleet by an open-ended 
reallocation from the commercial fishery to the charter industry, if 
projected growth of the charter industry occurs; and (4) effect on 
community stability as traditional sport, substance, and commercial 
fishermen are displaced by charter operators.
    The Council also considered a moratorium on the further entry in 
the charter fisheries. The moratorium alternatives and options included 
years of participation, owners versus vessels, evidence of 
participation, vessel upgrades, transfers, and duration for review. 
However, the Council rejected the moratorium because, based on the 
number of qualifying vessels under various options, it was unlikely 
that a moratorium would constrain the charter harvest. In addition to 
the moratorium and the no action alternative, the Council considered 
alternative GHL levels.
    The GHL alternatives reviewed by the Council represent trade-offs 
between the commercial and guided recreational fisheries. The GHL is 
designed to limit the amount of halibut that may be taken in the guided 
recreational fishery. The Council also considered not regulating 
harvests in the guided recreational fishery. However, the Council 
rejected this as failure to regulate could erode the harvest share 
available to commercial halibut fishermen, many of whom are also small 
entities.
    The proposed GHL, which allows the charter industry to grow, 
represents a balance between the status quo's impact on small 
commercial entities and the impact of more restrictive alternatives on 
small recreational entities.
    As this is a new rule applicable to a previously unregulated group, 
there are no duplicative or overlapping rules associated with this 
proposed rule.
    This action does not contain federalism implications, as that term 
is defined in E.O. 13132. This proposed rule has been determined to be 
not significant for the purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 300

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

    Dated: January 19, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR Part 300 is 
proposed to be amended as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

    1. The authority citation for 50 CFR part 300 continues to read as 
follows:

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

    2. Section 300.61 is amended by adding ``Guided recreational 
vessel'', ``Guideline harvest level'', and ``Harvest'' in alphabetical 
order as follows:


Sec.  300.61  Definitions.

* * * * *
    Guided recreational vessel means a vessel and operator used for 
hire by a recreational angler for harvesting halibut.
    Guideline harvest level means a level of allowable fish harvest by 
the recreational halibut guided recreational vessel fishery.
    Harvest means the catching and retaining of fish.
* * * * *

    3. In Sec.  300.63, paragraph (f) is added to read as follows:


Sec.  300.63  Catch sharing plans, local area management plans, and 
domestic management measures.

* * * * *
    (f) Guideline harvest levels. (1) The annual guideline harvest 
levels for areas 2C and 3A are as follows.
    (i) Area 2C. (A) The guideline harvest level for area 2C will be 
1,432,000 lb (649.5 mt).
    (B) In years of low abundance of halibut stocks in area 2C, as 
determined by the Commission, the guideline harvest level will be 
reduced:
    (1) By 15 percent when the halibut stock abundance falls at least 
15 percent below its 1999-2000 average; and
    (2) After the initial 15 percent reduction, by further 10 percent 
increments as stock abundance declines by additional 10 percent 
increments below its 1999-2000 average.
    (C) Area 2C harvest reduction measures. The appropriate annual 
harvest reduction measures for area 2C, identified in the table below, 
will take

[[Page 3872]]

effect pursuant to paragraph (f)(3) of this section when the 
Administrator, Alaska Region, NMFS, determines that harvests from the 
previous year exceeded the GHL for that year by the corresponding 
percentage.

------------------------------------------------------------------------
                                             Harvests will be restricted
When annual harvests in the halibut guided      in following years by
    recreational fishery exceed GHL by:          implementation of a
                                                  restriction that:
------------------------------------------------------------------------
(1) Less than 10 percent                    No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period.
(2) 10-15 percent                           (i) No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            (ii) No operator or
                                             crewmember aboard a guided
                                             recreational vessel may
                                             retain halibut.
(3) 16-20 percent                           (i) No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            (ii) No operator or
                                             crewmember aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            (iii) No person may retain
                                             more than seven halibut
                                             harvested on a guided
                                             recreational vessel during
                                             the calendar year.
(4) 1-30 percent                            (i) No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            (ii) No operator or
                                             crewmember aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            (iii) No person may retain
                                             more than six halibut
                                             harvested on a guided
                                             recreational vessel during
                                             the calendar year.
(5) 31-40 percent                           (i) No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            (ii) No operator or
                                             crewmember aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            (iii) No person may retain
                                             more than five halibut
                                             harvested on a guided
                                             recreational vessel during
                                             the calendar year.
(6) 41-50 percent                           (i) No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            (ii) No operator or
                                             crewmember aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            (iii) No person may retain
                                             more than four halibut
                                             harvested on a guided
                                             recreational vessel during
                                             the calendar year.
(7) More than 50 percent                    (i) No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            (ii) No operator or
                                             crewmember aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            (iii) No person may retain
                                             more than four halibut
                                             harvested on a guided
                                             recreational vessel during
                                             the calendar year;
                                            (iv) Between the dates of
                                             August 1 and August 31, no
                                             person may retain more than
                                             1 halibut per day harvested
                                             aboard a guided
                                             recreational vessel.
------------------------------------------------------------------------

    (2) Area 3A. (i) GHL. The guideline harvest level for area 3A will 
be 3,650,000 lb (1,655.6 mt).
    (ii) In years of low abundance of halibut stocks in area 3A, as 
determined by the Commission, the guideline harvest level will be 
reduced:
    (A) By 15 percent when the halibut stock abundance falls at least 
15 percent below its 1999-2000 average; and
    (B) After the initial 15 percent reduction, by further 10 percent 
increments as stock abundance declines by additional 10 percent 
increments below its 1999-2000 average.
    (C) Area 3A harvest reduction measures. The appropriate annual 
harvest reduction measures for area 3A, identified in the table below, 
will take effect pursuant to paragraph (f)(3) of this section when the 
Administrator, Alaska Region, NMFS, determines that harvests from the 
previous year exceeded the GHL for that year by the corresponding 
percentage.

------------------------------------------------------------------------
                                             Harvests will be restricted
When annual harvests in the halibut guided      in following years by
    recreational fishery exceed GHL by:          implementation of a
                                                  restriction that:
------------------------------------------------------------------------
(1) Less than 10 percent                    No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period.
(2) 10-20 percent                           (i) No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            (ii) No operator or
                                             crewmember aboard a guided
                                             recreational vessel may
                                             retain halibut.
(3) 21-30 percent                           (i) No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            (ii) No operator or
                                             crewmember aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            (iii) No person may retain
                                             more than seven halibut
                                             harvested on a guided
                                             recreational vessel during
                                             the calendar year.
(4) 31-40 percent                           (i) No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            (ii) No operator or
                                             crewmember aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            (iii) No person may retain
                                             more than six halibut
                                             harvested on a guided
                                             recreational vessel during
                                             the calendar year.
(5) 41-50 percent                           (i) No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            (ii) No operator or
                                             crewmember aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            (iii) No person may retain
                                             more than five halibut
                                             harvested on a guided
                                             recreational vessel during
                                             the calendar year.

[[Page 3873]]

 
(6) More than 50 percent                    (i) No guided recreational
                                             vessel may complete more
                                             than one fishing trip in a
                                             single 24-hour period;
                                            (ii) No operator or
                                             crewmember aboard a guided
                                             recreational vessel may
                                             retain halibut;
                                            (iii) No person may retain
                                             more than four halibut
                                             harvested on a guided
                                             recreational vessel during
                                             the calendar year;
                                            (iv) Between the dates of
                                             August 1 and August 31, no
                                             person may retain more than
                                             1 halibut per day harvested
                                             aboard a guided
                                             recreational vessel.
------------------------------------------------------------------------

    (3) Implementation. (i) As soon as practicable after receiving data 
on annual harvests in the halibut guided recreational vessel fishery, 
the Administrator, Alaska Region, NMFS, will publish a notification in 
the Federal Register announcing the harvest reduction measures (if any) 
to be imposed for the succeeding year, pursuant to paragraphs 
(f)(1)(i)(C) and (f)(2)(ii)(C) of this section.
    (ii) At the conclusion of a guided recreational halibut fishing 
season during which harvest reduction measures have been in effect, the 
North Pacific Fishery Management Council will review such measures to 
evaluate their efficacy in preventing further excess harvests and will 
recommend that NMFS adjust those measures as necessary to ensure that 
the following season's harvest levels do not exceed the GHL.

    4. In Sec.  300.65, paragraph (c) is added to read as follows.


Sec.  300.65  Prohibitions.

* * * * *
    (c) Any harvest reduction measure issued under Sec.  300.63(f).
[FR Doc. 02-2005 Filed 1-25-02; 8:45 am]
BILLING CODE 3510-22-S