[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