Pacific Halibut Fisheries; Limited Access for Guided Sport Charter Vessels in Alaska, 19708-19709 [2011-8431]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Rules and Regulations]
[Pages 19708-19709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8431]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 110325225-1224-02]
RIN 0648-BA96


Pacific Halibut Fisheries; Limited Access for Guided Sport 
Charter Vessels in Alaska

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

ACTION: Final rule; interpretation.

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SUMMARY: This interpretation clarifies regulations that apply to 
vessels operating in the guided sport (charter) fishery for halibut in 
International Pacific Halibut Commission Management Area 2C (Southeast 
Alaska) and Area 3A (Central Gulf of Alaska). Under regulations 
implementing the charter halibut limited access program, all vessel 
operators in Area 2C and Area 3A with charter vessel anglers on board 
catching and retaining halibut must have a valid charter halibut permit 
that was issued by NMFS on board the vessel. This interpretation 
clarifies that a valid charter halibut permit must be on board a vessel 
when the charter vessel guide on board is being compensated to provide 
assistance to persons catching and retaining halibut. A charter vessel 
guide is not required to have a charter halibut permit on board a 
vessel during a recreational halibut fishing trip on which he or she is 
not being compensated to provide assistance to persons catching and 
retaining halibut.

DATES: This rule is effective on April 8, 2011.

ADDRESSES: Electronic copies of this action and other related documents 
are available from https://www.regulations.gov or from the NMFS Alaska 
Region Web site at https://alaskafisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Rachel Baker, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    The International Pacific Halibut Commission (IPHC) and NMFS manage 
fishing for Pacific halibut (Hippoglossus stenolepis) through 
regulations established under authority of the Northern Pacific Halibut 
Act of 1982 (Halibut Act) (16 U.S.C. 773 et seq.). Sections 773c(a) and 
(b) of the Halibut Act provide the Secretary of Commerce (Secretary) 
with general responsibility to carry out the Convention between the 
United States and Canada for the Preservation of the Halibut Fishery of 
the North Pacific Ocean and Bering Sea and the Halibut Act. Section 
773c(c) of the Halibut Act also authorizes the North Pacific Fishery 
Management Council (Council) to develop regulations, including limited 
access regulations, that are in addition to, and not in conflict with, 
approved IPHC regulations. Such Council-developed regulations may be 
implemented by NMFS only after approval by the Secretary. The Council 
has exercised this authority in the development of its limited access 
program for charter vessels in the guided sport fishery, codified at 50 
CFR 300.67.

Charter Halibut Limited Access Program

    In March 2007, the Council recommended a limited access program for 
charter vessels in IPHC Regulatory Area 2C and Area 3A. The intent of 
the program was to manage growth of fishing capacity in the charter 
sector by limiting the number of charter vessels that may participate 
in the guided sport fishery for halibut in Areas 2C and 3A. NMFS 
published a final rule implementing the program on January 5, 2010 (75 
FR 554). Under the program, NMFS initially issued a charter halibut 
permit (CHP) to qualified applicants. A person who was not initially 
issued a CHP by NMFS may obtain a transferable CHP from another person 
by submitting a transfer application and meeting CHP transfer 
requirements. A permit holder may use a CHP on board any vessel that 
meets Federal and State requirements to operate as a charter vessel in 
the guided sport fishery for halibut in Areas 2C and 3A.
    Beginning February 1, 2011, any person operating a vessel on which 
charter vessel anglers are catching and retaining halibut in Area 2C or 
Area 3A is required to have on board the vessel a CHP designated for 
that area. This requirement is codified in the regulations as a 
prohibition. The regulation at Sec.  300.66(r) prohibits a person from 
being an operator of a vessel in Area 2C or Area 3A with one or more 
charter vessel anglers on board that are catching and retaining halibut 
without having a valid CHP for the regulatory area in which the vessel 
is operating.

Interpretation

    This interpretation clarifies that a CHP is required to be on board 
a vessel in Area 2C or Area 3A if both of the following conditions are 
met: (1) One or more persons on board are catching and retaining 
halibut, and (2) a charter vessel guide on board the vessel is 
receiving compensation to assist a person to take, or attempt to take, 
halibut.
    Regulations at Sec.  300.61 include three definitions that are 
relevant for determining whether a CHP is required to be on board a 
vessel in Area 2C or Area 3A. These definitions are ``charter vessel 
angler,'' ``charter vessel guide,'' and ``sport fishing guide 
services.'' For purposes of regulations at Sec. Sec.  300.65(d), 
300.66, and 300.67:
    1. ``Charter vessel angler'' means a person, paying or non-paying, 
using the services of the charter vessel guide.
    2. ``Charter vessel guide'' means a person who holds an annual 
sport guide license issued by the Alaska Department of Fish and Game, 
or a person who provides sport fishing guide services.
    3. ``Sport fishing guide services'' means assistance, for 
compensation, to a person who is sport fishing, to take or attempt to 
take fish by being on board a vessel with such person during any part 
of a charter vessel fishing trip.
    NMFS interprets ``services'' in the definition of ``charter vessel 
angler'' to mean ``sport fishing guide services'' as defined at Sec.  
300.61. Under this interpretation, a person who takes or attempts to 
take halibut would only be

[[Page 19709]]

a charter vessel angler if that person is receiving sport fishing guide 
services from a charter vessel guide. Section 300.61 defines ``sport 
fishing guide services'' as assistance, for compensation, to a person 
who is sport fishing, to take or attempt to take fish by being on board 
a vessel with such person during any part of a charter vessel fishing 
trip. Therefore, a person would be a charter vessel angler only if that 
person is receiving assistance to catch and retain halibut from a 
charter vessel guide who is being compensated to assist the person to 
take or attempt to take halibut.
    Compensation is generally defined as something given or received as 
payment or remuneration, as for a service. For purposes of the 
definition of ``sport fishing guide services'' at Sec.  300.61, 
compensation is not strictly limited to a monetary exchange and can 
include a trade of goods or services in exchange for taking someone 
fishing. Therefore, assistance for compensation is not limited to 
situations where persons are directly compensating someone for sport 
fishing guide services. The definition of ``sport fishing guide 
services'' at Sec.  300.61 does not require any person on board the 
vessel to be individually compensating the person providing assistance 
for this definition to be applicable. If the charter vessel guide is 
compensated in any way to provide assistance, then that charter vessel 
guide is providing sport fishing guide services under Sec.  300.61.
    NMFS recognizes that compensation for assistance can take many 
forms. For purposes of applying the regulations at Sec. Sec.  300.61, 
300.66, and 300.67, NMFS will evaluate the specific circumstances of a 
fishing trip to determine if a charter vessel guide is receiving 
compensation for providing persons with assistance to take or attempt 
to take halibut.

Effects of This Interpretation

    NMFS did not intend for a charter vessel guide's recreational 
fishing activities in Area 2C and Area 3A to be restricted by the 
charter halibut limited access program regulations. This interpretation 
clarifies that the regulation at Sec.  300.66(r) does not require a 
person holding an annual sport guide license issued by the Alaska 
Department of Fish and Game, defined as a charter vessel guide at Sec.  
300.61, to have a CHP on board the vessel for recreational fishing 
trips that are not undertaken as part of charter halibut business 
operations. For example, NMFS recognizes that while a charter vessel 
guide on board a vessel with friends or family may offer his or her 
expertise to assist those persons to catch and retain halibut, the 
charter vessel guide may not be compensated for providing such 
assistance. Thus, if the charter vessel guide is not compensated for 
providing sport fishing guide services, as defined at Sec.  300.61, the 
persons on board the vessel are not charter vessel anglers as defined 
at Sec.  300.61. If the persons on board are not charter vessel 
anglers, the fishing trip would not be considered a charter vessel 
fishing trip.

Classification

    The Assistant Administrator for Fisheries, NOAA, has determined 
that this interpretation is consistent with the Halibut Act and other 
applicable law.
    This action is administrative in nature and is exempt from the 
requirement to prepare an environmental assessment in accordance with 
NAO 216-6 because this interpretive rule will have no effect on the 
environment.
    This interpretive rule has been determined to be not significant 
for purposes of Executive Order 12866.
    The notice and comment requirements and the 30-day delay in the 
effective date requirements of the Administrative Procedure Act do not 
apply to this interpretive rule as provided in 5 U.S.C. 553(b)(A) and 5 
U.S.C. 553(d)(2).

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

    Dated: April 4, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 2011-8431 Filed 4-5-11; 4:15 pm]
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