[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Rules and Regulations]
[Pages 6567-6571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2641]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 0911201413-1051-02]
RIN 0648-AY38


Pacific Halibut Fisheries; Guided Sport Charter Vessel Fishery 
for Halibut; Recordkeeping and Reporting

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to amend the recordkeeping and 
reporting requirements for the Pacific halibut guided sport fishery in 
International Pacific Halibut Commission Regulatory Area 2C (Southeast 
Alaska) and Area 3A (Central Gulf of Alaska). These regulations revise 
the Federal requirements for submission of Alaska Department of Fish 
and Game Saltwater Sport Fishing Charter Trip Logbook data sheets, 
modify the logbook recording requirements, and add a definition of 
fishing week. This action is necessary to improve consistency between 
Federal and State of Alaska requirements for the submission of the 
logbook data sheets and address recent changes by the State to the 
logbook reporting format. This action is intended to achieve the 
halibut fishery management goals of the North Pacific Fishery 
Management Council and to support the conservation and management 
provisions of the Northern Pacific Halibut Act of 1982.

DATES: Effective March 9, 2011.

ADDRESSES: Electronic copies of the Categorical Exclusion, the 
Regulatory Impact Review, and the Final Regulatory Flexibility Analysis 
prepared for this action may be obtained from http://www.regulations.gov or from the 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 by mail to NMFS, Alaska Region, P.O. Box 21668, 
Juneau, AK 99802-1668, Attn: Ellen Sebastian, Records Officer; in 
person at NMFS, Alaska Region, 709 West 9th Street, Room 420A, Juneau, 
AK; and by e-mail to [email protected] or by fax to (202) 
395-7285.

FOR FURTHER INFORMATION CONTACT: Gabrielle Aberle, (907) 586-7228.

SUPPLEMENTARY INFORMATION: The International Pacific Halibut Commission 
(IPHC) and National Marine Fisheries Service (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 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 in Ottawa, Ontario, on March 
2, 1953, as amended by a Protocol Amending the Convention (signed in 
Washington, DC, on March 29, 1979).
    Regulations developed by the IPHC are subject to approval by the 
Secretary of State with concurrence of 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 current 
IPHC annual management measures were published on March 18, 2010 (75 FR 
13024). IPHC regulations affecting sport fishing for halibut and 
charter vessels in Areas 2C (Southeast Alaska) and 3A (Central Gulf of 
Alaska) may be found in sections 3, 25, and 28 (75 FR 13024; March 18, 
2010).
    The Halibut Act also provides regulatory authority to the Secretary 
and the North Pacific Fishery Management Council (Council). The 
Secretary, under 16 U.S.C. 773c(a) and (b), has the 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. Under 16 U.S.C. 773c(c), the Council may 
develop halibut fishery regulations, for its geographic area of 
concern, that apply to U.S. nationals or vessels. Such an action by the 
Council is limited to regulations that are in addition to, and not in 
conflict with, IPHC regulations. Council-developed regulations may be 
implemented by NMFS only after approval by the Secretary. Using its 
authority under the Halibut Act, the Council is developing a regulatory 
program to manage the guided sport charter vessel fishery for halibut. 
One step in the development of that program was the implementation of a 
one-halibut daily bag limit on charter vessel anglers in IPHC Area 2C 
in order to limit their overall harvest to approximately the 
established guideline harvest level (74 FR 21194; May 6, 2009).

Background and Need for Action

    The final regulations implementing the one-halibut daily bag limit 
program include recordkeeping and reporting measures codified at 50 CFR 
300.65 that require the submission of Alaska Department of Fish and 
Game (ADF&G) Saltwater Sport Fishing Charter Trip Logbook (charter 
logbook) data sheets for halibut charter vessels operating in IPHC 
Areas 2C and 3A (74 FR 21194; May 6, 2009). This action amends these 
recordkeeping and reporting measures, and is necessary to (1) improve 
consistency between Federal regulations and State of Alaska (State) 
logbook instructions for the submission of the data sheets, and (2) 
address recent changes by the State to the charter logbook reporting 
format. This action is administrative in nature; it revises the 
recordkeeping and reporting burden on guided charter operators in IPHC 
Areas 2C and 3A, reduces potential confusion by the regulated public, 
and facilitates efficient reporting of halibut caught and retained in 
these areas.
    The proposed rule for this action was published in the Federal 
Register on April 27, 2010 (75 FR 22070), and the public comment period 
ended on May

[[Page 6568]]

12, 2010. The preamble to the proposed rule describes the need for this 
action and the proposed regulatory amendments. The final rule makes 
changes to the proposed regulatory text in response to public comments 
received on the proposed rule and to clarify the intent of the 
regulations.

Regulatory Amendments

    1. A definition of ``Fishing week'' is added to Sec.  300.61 for 
purposes of Sec.  300.65(d). This definition is added to the final rule 
and is discussed under the heading ``Changes from the Proposed Rule.''
    2. In Sec.  300.65(d)(1)(i), the location and deadlines for 
submitting charter logbook data sheets are revised to match State 
regulations that allow the data sheets to be submitted to any regional 
or area ADF&G office within a specified amount of time from when the 
fishing activity occurred. The Federal deadlines are changed from those 
presented in the proposed rule as a result of comments received, and 
are further described in the section ``Changes from the Proposed 
Rule.''
    3. Paragraph (d)(1)(iii) is added to Sec.  300.65 and replaces 
paragraphs (d)(2)(iv)(B)(4) and (d)(3) of this section, which are 
removed. The new paragraph retains the requirement to complete and 
submit separate logbook data sheets for each regulatory area if halibut 
were caught and retained in IPHC Regulatory Areas 2C and 3A during the 
same charter vessel fishing trip. The instruction for recording the 
IPHC regulatory area fished on the data sheet is revised because of 
recent changes by the State to the data sheet format. Minor changes 
were made to the regulatory text presented in the proposed rule as a 
result of comments received. These changes are described in the section 
``Changes from the Proposed Rule.''
    4. Section 300.65(d)(2)(iv) is revised to clarify recordkeeping and 
reporting requirements, and to more accurately reflect the intent of 
this regulation. These revisions were not included in the proposed 
rule, and are discussed under the heading ``Changes from the Proposed 
Rule.''
    5. Two additional revisions are necessary because of the revised 
data sheet format. The final rule revises the instruction, in Sec.  
300.65(d)(2)(iv)(A), regarding the location of the charter vessel 
angler's signature on the data sheet and eliminates the requirement, in 
Sec.  300.65(d)(2)(iv)(B)(1), to record the sport fishing operator 
business license number on the data sheet as the revised data sheet no 
longer includes this field.

Changes From the Proposed Rule

    In the final rule, the following regulatory and technical changes 
are made from the proposed rule. These changes clarify the Federal 
regulations and increase consistency between the Federal and State 
charter logbook recordkeeping and reporting requirements.
    1. A definition of ``Fishing week'' is added to Sec.  300.61. The 
State's charter logbook submission deadlines are based on the week that 
the fishing activity occurs for fishing activity conducted on or after 
the first Monday in April through December 31. Therefore, to ensure 
consistency between the Federal and State charter logbook submission 
requirements, a definition of ``Fishing week'' that corresponds to the 
State's usage is added to Sec.  300.61 to clarify the Federal 
submission deadlines specified in Sec.  300.65(d)(1)(i).
    2. In response to comments from ADF&G (see comment 1 under 
``Comments and Responses'' section), the charter logbook data sheet 
submission deadlines in Sec.  300.65(d)(1)(i) are changed to match the 
State deadlines. These deadlines were implemented previously with the 
final rule implementing the one-halibut daily bag limit for charter 
vessel anglers in IPHC Area 2C (74 FR 21194; May 6, 2009). As stated in 
the preamble to the proposed rule for that final rule, the ``logbook 
data sheets would be required to be submitted to the appropriate ADF&G 
office according to the time schedule described in the instructions at 
the beginning of the logbook'' (74 FR 78279; December 22, 2008). 
However, neither the deadlines originally implemented nor the revisions 
proposed in the proposed rule for this final rule, matched the State's 
schedule. The instructions and submission schedule in the ADF&G charter 
logbook require that data sheets be submitted no later than the second 
Monday in April for fishing activity that occurs prior to the first 
Sunday in April, and no later than 14 days after the first day of the 
week in which the fishing activity occurred for fishing activity that 
occurs on or after the first Monday in April through December 31.
    The final rule changes the deadline dates in Sec.  300.65(d)(1)(i) 
to match the State's deadlines, and changes the event on which the 
deadlines are based from the date the charter vessel fishing trip ends 
to when the halibut are caught and retained. Although the phrase 
``fishing activity'' is used in the charter logbook instructions to 
identify the event that triggers the deadline, the final rule uses 
``when the halibut were caught and retained,'' as the regulations in 
Sec.  300.65(d) are applicable only to guided halibut fishing. These 
changes from the proposed rule will not create an additional reporting 
burden on charter vessel operators because they are already required by 
the State to meet these deadlines.
    3. In response to comments from ADF&G (see comment 3 under 
``Comments and Responses'' section), revisions are made to the 
regulatory text in Sec.  300.65(d)(1)(iii). These revisions use the 
language suggested by ADF&G in their letter of comment and do not 
change the requirements in this paragraph from those presented in the 
proposed rule. The final rule continues to require that separate 
charter logbook data sheets be completed for IPHC Area 2C and Area 3A 
if halibut were caught and retained in both regulatory areas during the 
same charter vessel fishing trip. The final rule also continues to 
require that the completed data sheets for each IPHC regulatory area 
must indicate the primary statistical area in which the halibut were 
caught and retained.
    4. Section 300.65(d)(2)(iv) is revised to clarify the recordkeeping 
and reporting requirements and to more accurately reflect the intent of 
this regulation. Paragraph (d)(2)(iv) describes the Federal 
recordkeeping and reporting requirements that must be complied with by 
each charter vessel angler and charter vessel guide onboard a vessel in 
IPHC Area 2C if halibut were caught and retained. These requirements 
were originally added in the 2009 final rule, which implemented the 
one-halibut daily bag limit for charter vessel anglers in IPHC Area 2C 
(74 FR 21194; May 6, 2009). As discussed in the preamble to the 
proposed rule for that rule, these requirements are necessary to 
enforce that rule (73 FR 78279; December 22, 2008).
    This final rule adds language to the introductory text in paragraph 
(d)(2)(iv) to specify that these requirements must be complied with by 
the end of the day or by the end of the charter vessel fishing trip, 
whichever comes first. As this additional regulatory text is applicable 
to all of paragraph (iv), paragraphs (d)(2)(iv)(A) and (B) are revised 
to eliminate redundant language and to clarify the recordkeeping and 
reporting requirements. The additional text corresponds to requirements 
in the charter logbook instructions, which specify that the logbook 
data page must be completed at the end of each trip or, for multiple-
day trips, at the end of each day. The additional text is consistent 
with the original intent of the regulation

[[Page 6569]]

(74 FR 21194; May 6, 2009). Ensuring that data is recorded 
contemporaneously or as close as possible to the action being recorded 
will help enforcement personnel identify violations, and will lead to 
more reliable logbook data and more accurate estimates of guided 
charter harvests.

Comments and Responses

    The proposed rule was published in the Federal Register on April 
27, 2010 (75 FR 22070), with a 15-day comment period that ended on May 
12, 2010. NMFS received a total of two letters. One letter was from an 
individual and contained comments that were outside the scope of this 
action. The second letter, which was submitted by ADF&G, supported the 
objectives of this action and recommended changes to the regulatory 
text. A summary of the comments from ADF&G and NMFS' responses follows.
    Comment 1: The proposed rule states, ``The submission deadline for 
a charter vessel fishing trip ending April 5 through December 31, 
during which halibut were retained, would be extended from 7 to 14 days 
after the end of the trip.'' This change to the submission deadlines 
for trips ending between April 5 and December 31 would remain 
inconsistent with state requirements, being more liberal than state 
regulations whenever a trip ended on a Tuesday through Sunday.
    A possible result of implementing these regulatory changes is that 
charter operators fishing after early April could be cited by the state 
for overdue logbooks, even though they would be in compliance with 
Federal submission requirements.
    The proposed rule also states, ``The submission deadline for data 
sheets for a charter vessel fishing trip ending February 1 through 
April 4, during which halibut were retained, would be submitted no 
later than April 12.'' While this requirement is consistent with the 
ADF&G logbook submission requirements for 2010, it will remain 
inconsistent in most other years unless regulations are revised 
annually. ADF&G logbook submission requirements are different early in 
the year (February 1 through early April) and later in the year (after 
early April). The cutoff date for this early period is the first Sunday 
in April; therefore, the date can change every year.
    Charter operators fishing in early April could be cited under state 
or Federal rules during most years when state and Federal logbook 
submission deadlines are inconsistent.
    Response: NMFS agrees with the comment. As one objective of this 
rule is to improve consistency between Federal and State charter 
logbook data sheet submission requirements, this final rule revises the 
Federal deadlines in Sec.  300.65(d)(1)(i) to match the State 
deadlines. A definition of ``Fishing week'' is added in Sec.  300.61 to 
clarify the deadlines for submitting the data sheets. These changes are 
described in the section ``Changes from the Proposed Rule.''
    Comment 2: ADF&G revised statistical areas along the boundary 
between IPHC Regulatory Areas 2C and 3A so that regulatory areas where 
halibut were caught and retained can be identified. ADF&G updated the 
maps to reflect the revised statistical areas, and has been 
distributing the updated maps with logbooks to Southeast Alaska charter 
operators. Charter businesses are being advised to use only maps with 
the year 2010 printed on them.
    Response: NMFS notes that ADF&G has updated the statistical area 
maps and is distributing these to Southeast Alaska charter operators. 
As described in the proposed rule, because the updated charter logbook 
maps are available to charter vessel operators, this rule removes Sec.  
300.65(d)(2)(iv)(B)(4) and Sec.  300.65(d)(3) and adds Sec.  
300.65(d)(1)(iii) to instruct how to record halibut caught and retained 
in IPHC Regulatory Areas 2C and 3A.
    Comment 3: The proposed rule states, ``This paragraph [Sec.  
300.65(d)(1)(iii)] would require the charter vessel guide to record on 
the charter vessel logbook data sheets the primary ADF&G statistical 
area where halibut were caught and retained.'' The requirement that all 
operators in Area 2C or Area 3A report the statistical area where 
halibut were caught contradicts the instructions and examples provided 
in the 2010 ADF&G charter logbook. ADF&G logbook instructions require 
operators to report the statistical area where most of the salmon or 
bottomfish (not halibut specifically) were caught or targeted. 
Operators are instructed to report a salmon statistical area if salmon 
were targeted, a bottomfish statistical area if bottomfish were 
targeted, and both a salmon and bottomfish statistical area if both 
were targeted. Operators are not required under State rules to report 
the statistical area where halibut or any other bottomfish are caught 
incidentally while targeting salmon. State rules do not require 
operators to report the statistical area of halibut harvest 
specifically. In many, but not all cases, halibut are likely to be the 
primary bottomfish species caught.
    For example, if a vessel targets salmon but incidentally catches a 
few halibut, the operator is instructed to report the primary 
statistical area where salmon were targeted, and the number of boat 
hours fished for salmon. They are not required to report the 
statistical area of the halibut harvest. Likewise, if a vessel targeted 
lingcod and a few halibut were caught incidentally, the operator would 
be required to report the primary statistical area where most 
bottomfish (not specifically halibut) were targeted. In many cases it 
would be the same statistical area, but not necessarily so.
    Response: Section 300.65(d)(1)(iii) requires that if halibut are 
caught and retained in IPHC regulatory Area 2C and Area 3A during the 
same charter vessel fishing trip, a separate charter logbook data sheet 
must be completed for each IPHC regulatory area, to record the halibut 
kept in each IPHC regulatory area. As the State's revisions to the data 
sheet eliminated the field to record the IPHC regulatory area, Sec.  
300.65(d)(1)(iii) requires that the data sheets for each IPHC 
regulatory area must indicate the primary statistical area where the 
halibut were caught and retained. This information is necessary to 
identify the IPHC regulatory area where the halibut were caught and 
retained. The final rule revises Sec.  300.65(d)(1)(iii) to use 
regulatory language suggested by ADF&G in their letter of comment, but 
does not change the requirements in this paragraph from those presented 
in the proposed rule.
    Comment 4: ADF&G supports the requirement for vessels that harvest 
halibut in both Area 2C and Area 3A on a given trip to complete a 
separate logbook page for each regulatory area to associate halibut 
harvest with the appropriate IPHC regulatory area. This requirement is 
included on page vi of the 2010 ADF&G charter logbook instructions.
    Response: NMFS notes the support for this requirement.

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 Halibut Act 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. The Halibut Act at section 773c(a) and (b) 
provides the Secretary with the general responsibility to carry out the 
Convention with the authority to, in consultation with the

[[Page 6570]]

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. The Secretary has 
delegated his Halibut Act authority to NMFS. This action is consistent 
with the North Pacific Halibut Act and other applicable laws.

Executive Order 12866

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.

Regulatory Flexibility Act

    A final regulatory flexibility analysis (FRFA) was prepared, which 
describes the economic impact of this final rule on small entities. The 
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a 
summary of the significant issues raised by the public comments in 
response to the IRFA and NMFS' responses to those comments, if any, and 
a summary of the analyses completed to support the action. A copy of 
the FRFA is available from NMFS (see ADDRESSES). A description of this 
action, why it is being considered, and the legal basis for this action 
are contained at the beginning of this section in the preamble and in 
the SUMMARY section of the preamble.
    The IRFA was described in the Classification section to the 
proposed rule, and the public was notified of how to obtain a copy of 
the IRFA. The public comment period ended on May 12, 2010. No comments 
were received on the IRFA or on the economic impacts of the rule.
    This action increases consistency between Federal and State charter 
logbook recordkeeping and reporting requirements for halibut charter 
vessels operating in IPHC Area 2C and Area 3A and is expected to impose 
de minimis costs. The only substantive change (modification of 
regulatory limits on directly regulated entities) revises requirements 
on the location and time frame for submission of logbook data sheets 
for charter vessel fishing trips during which halibut were caught and 
retained.
    This action only affects halibut charters operating in IPHC Area 2C 
and Area 3A. Based on State charter logbook data, NMFS estimates that 
404 business entities will be directly regulated by this action in Area 
2C, and that 450 business entities will be directly regulated by this 
action in Area 3A. The Secretary has published a final rule that will 
implement limited entry in the Pacific halibut guided sport charter 
fisheries in Areas 2C and 3A (75 FR 554, January 5, 2010). NMFS expects 
that when the limited entry program is fully implemented in 2011, the 
number of business entities directly regulated by this action will be 
231 in Area 2C and 296 in Area 3A.
    The largest of these business entities, which are lodges, may be 
large entities under Small Business Act (SBA) standards, but that 
determination cannot be empirically confirmed at present. Therefore, 
these operations are treated as small entities for the purpose of this 
analysis. All the other charter operations are also considered small 
entities, based on SBA criteria, since they are believed to have gross 
revenues of less than $7.0 million on an annual basis, from all 
sources, including affiliates.
    The FRFA did not identify any new projected reporting, 
recordkeeping, and other compliance requirements associated with these 
regulatory changes. It is expected that by conforming the Federal 
regulatory requirements with those of the State, affected entities will 
see increased efficiencies and decreased costs of compliance for both 
sets of rules.
    The FRFA did not reveal any Federal rules that duplicate, overlap, 
or conflict with the proposed action.
    There is no alternative to the proposed action that would 
accomplish its goals of conservation of the halibut resource and that 
would have a smaller burden on directly regulated small entities. Of 
the two alternatives considered, this action and status quo, the 
regulatory burden under status quo would be higher because the public 
would need to comply with two different sets of regulatory 
requirements. This action reduces the regulatory burden by increasing 
consistency between the Federal and State recordkeeping and reporting 
requirements, which minimizes the potential negative impacts that could 
arise under status quo.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, NMFS Alaska Region has developed an Internet 
site that provides easy access to details of this final rule, including 
a link to the final rule and links to additional information and 
regulations applicable to guided sport fishing for halibut in Alaska. 
The relevant information available on the Web site is the Small Entity 
Compliance Guide. The Web site address is http://www.alaskafisheries.noaa.gov/sustainablefisheries/halibut/sport.htm. 
Copies of this final rule are available upon request from the NMFS 
Alaska Regional Office (see ADDRESSES).

Collection of Information

    This final rule contains a collection of information requirement 
subject to the Paperwork Reduction Act (PRA), which has been approved 
by the Office of Management and Budget (OMB) under control number 0648-
0575. The public reporting burden for charter vessel guide respondents 
to fill out and submit logbook data sheets is estimated to average four 
minutes per response. The public reporting burden for charter vessel 
anglers to sign the logbook is estimated to be one minute per response. 
These estimates include the time required for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Send comments regarding these burden estimates or any other aspect of 
this data collection, including suggestions for reducing the burden, to 
NMFS (see ADDRESSES) 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

    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: February 2, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 300 is amended 
as follows:

[[Page 6571]]

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart E--Pacific Halibut Fisheries

0
1. The authority citation for 50 CFR part 300, subpart E, continues to 
read as follows:

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


0
2. In Sec.  300.61, add a definition for ``Fishing week'' in 
alphabetical order to read as follows:


Sec.  300.61  Definitions.

* * * * *
    Fishing week, for purposes of Sec.  300.65(d), means a time period 
that begins at 0001 hours, A.l.t., Monday morning and ends at 2400 
hours, A.l.t., the following Sunday night.
* * * * *


0
3. In Sec.  300.65:
0
a. Remove paragraphs (d)(2)(iv)(B)(1), (d)(2)(iv)(B)(4), and (d)(3);
0
b. Redesignate paragraphs (d)(2)(iv)(B)(2), (d)(2)(iv)(B)(3), 
(d)(2)(iv)(B)(5), (d)(2)(iv)(B)(6), (d)(2)(iv)(B)(7), and 
(d)(2)(iv)(B)(8), as (d)(2)(iv)(B)(1), (d)(2)(iv)(B)(2), 
(d)(2)(iv)(B)(3), (d)(2)(iv)(B)(4), (d)(2)(iv)(B)(5), and 
(d)(2)(iv)(B)(6), respectively;
0
c. Revise paragraphs (d)(1)(i), (d)(2)(iv) introductory text, 
(d)(2)(iv)(A), (d)(2)(iv)(B) introductory text, newly redesignated 
paragraph (d)(2)(iv)(B)(4), and newly redesignated paragraph 
(d)(2)(iv)(B)(5); and
0
d. Add paragraph (d)(1)(iii) to read as follows:


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

* * * * *
    (d) Charter vessels in Area 2C and Area 3A--(1) General 
requirements--(i) Logbook submission. For a charter vessel fishing trip 
during which halibut were caught and retained on or after the first 
Monday in April and on or before December 31, Alaska Department of Fish 
and Game (ADF&G) Saltwater Sport Fishing Charter Trip Logbook data 
sheets must be submitted to the ADF&G and postmarked or received no 
later than 14 calendar days after the Monday of the fishing week (as 
defined in 50 CFR 300.61) in which the halibut were caught and 
retained. Logbook sheets for a charter vessel fishing trip during which 
halibut were caught and retained on January 1 through the first Sunday 
in April, must be submitted to the ADF&G and postmarked or received no 
later than the second Monday in April.
* * * * *
    (iii) If halibut were caught and retained in IPHC Regulatory Area 
2C and Area 3A during the same charter vessel fishing trip, then a 
separate Alaska Department of Fish and Game Saltwater Sport Fishing 
Charter Trip Logbook data sheet must be completed and submitted for 
each IPHC regulatory area to record the halibut caught and retained 
within that IPHC regulatory area. The completed logbook sheets for each 
IPHC regulatory area must indicate the primary statistical area in 
which the halibut were caught and retained.
    (2) * * *
    (iv) Recordkeeping and reporting requirements in Area 2C. Each 
charter vessel angler and charter vessel guide onboard a vessel in Area 
2C must comply with the following recordkeeping and reporting 
requirements (see paragraphs (d)(2)(iv)(A) and (B) of this section) by 
the end of the day or by the end of the charter vessel fishing trip, 
whichever comes first:
    (A) Charter vessel angler signature requirement. Each charter 
vessel angler who retains halibut caught in Area 2C must acknowledge 
that his or her information and the number of halibut retained (kept) 
are recorded correctly by signing the Alaska Department of Fish and 
Game Saltwater Sport Fishing Charter Trip Logbook data sheet on the 
line number that corresponds to the angler's information.
    (B) Charter vessel guide requirements. If halibut were caught and 
retained in Area 2C, the charter vessel guide must record the following 
information (see paragraphs (d)(2)(iv)(B)(1) through (6) of this 
section) in the Alaska Department of Fish and Game Saltwater Sport 
Fishing Charter Trip Logbook:
* * * * *
    (4) Number of halibut retained. For each charter vessel angler, 
record the number of halibut caught and retained.
    (5) Signature. Acknowledge that the recorded information is correct 
by signing the logbook data sheet.
* * * * *
[FR Doc. 2011-2641 Filed 2-4-11; 8:45 am]
BILLING CODE 3510-22-P