Pacific Halibut Fisheries; Limited Access for Guided Sport Charter Vessels in Alaska, 34890-34892 [2011-14854]
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Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations
threats and hazards to the integrity,
availability and confidentiality of GSA data
or to the function of information technology
systems operated on behalf of GSA, and to
preserve evidence of computer crime. This
information shall be available to GSA upon
request.
(l) Subcontracts. The Contractor shall
incorporate the substance of this clause in all
subcontracts that meet the conditions in
paragraph (a) of this clause.
(m) Notification regarding employees. The
Contractor shall immediately notify the
Contracting Officer when an employee either
begins or terminates employment when that
employee has access to GSA information
systems or data. If an employee’s
employment is terminated, for any reason,
access to GSA’s information systems or data
shall be immediately disabled and the
credentials used to access the information
systems or data shall be immediately
confiscated.
(n) Termination. Failure on the part of the
Contractor to comply with the terms of this
clause may result in termination of this
contract.
(End of clause)
[FR Doc. 2011–14728 Filed 6–14–11; 8:45 am]
BILLING CODE 6820–61–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 213
[Docket No. FRA–2009–0007, Notice No. 3]
RIN 2130–AC01
18073, effective July 1, 2011, is delayed
until October 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Kenneth Rusk, Staff Director, Office of
Railroad Safety, FRA, 1200 New Jersey
Avenue, SE., Washington, DC 20590
(telephone: (202) 493–6236); or
Veronica Chittim, Trial Attorney, Office
of Chief Counsel, FRA, 1200 New Jersey
Avenue, SE., Washington, DC 20950
(telephone: (202) 493–0273).
SUPPLEMENTARY INFORMATION: On April
1, 2011, FRA published a final rule
mandating specific requirements for
effective concrete crossties, for rail
fastening systems connected to concrete
crossties, and for automated inspections
of track constructed with concrete
crossties. See 76 FR 18073. The effective
date of this final rule was to be July 1,
2011. FRA received two petitions for
reconsideration in response to the final
rule that contain substantive issues
requiring a detailed response from FRA.
Accordingly, in order to allow FRA
appropriate time to consider and fully
respond to the petitions for
reconsideration, this document delays
the effective date of the final rule until
October 1, 2011. Therefore, any
requirements imposed by the final rule
need not be complied with until
October 1, 2011.
List of Subjects in 49 CFR Part 213
Penalties, Railroad safety, Reporting
and recordkeeping requirements.
Track Safety Standards; Concrete
Crossties
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule; delay of effective
date.
The Final Rule
In consideration of the foregoing, FRA
delays the effective date of the final rule
until October 1, 2011.
Issued in Washington, DC, on June 9, 2011.
Joseph C. Szabo,
Administrator.
AGENCY:
This document delays the
effectiveness of the final rule, which
mandates specific requirements for
effective concrete crossties, for rail
fastening systems connected to concrete
crossties, and for automated inspections
of track constructed with concrete
crossties. The Track Safety Standards
were amended via final rule on April 1,
2011, and the final rule was scheduled
to take effect on July 1, 2011. FRA
received two petitions for
reconsideration in response to the final
rule that contain substantive issues
requiring a detailed response.
Accordingly, in order to fully respond to
the petitions for reconsideration, this
document delays the effective date of
the final rule until October 1, 2011.
DATES: The effective date for the final
rule published April 1, 2011, at 76 FR
SUMMARY:
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BILLING CODE 4910–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 110601314–1313–01]
RIN 0648–BA99
Pacific Halibut Fisheries; Limited
Access for Guided Sport Charter
Vessels in Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interpretative rule.
AGENCY:
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This rule clarifies regulations
that apply to vessels operating in the
guided sport (charter) fishery for halibut
in International Pacific Halibut
Commission Regulatory Area 2C
(Southeast Alaska) and Area 3A (Central
Gulf of Alaska). Under regulations
implementing the charter halibut
limited access program, operators of a
vessel in Area 2C or Area 3A with one
or more charter vessel anglers onboard
that catch and retain halibut must have
an Alaska Department of Fish and Game
(ADF&G) Saltwater Charter Logbook
onboard which specifies the person
named on the charter halibut permit(s)
being used onboard the vessel, and the
charter halibut permit number(s) being
used onboard the vessel. This
interpretation clarifies that a charter
operator may use the ADF&G Saltwater
Charter Logbook issued for the vessel to
record the charter halibut permit
information. A charter vessel operator is
not required to have a separate ADF&G
Saltwater Charter Logbook issued in the
name of the charter halibut permit
holder.
DATES: This rule is effective on June 15,
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:
Gwen Herrewig, 907–586–7228.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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). 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 Councildeveloped 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
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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 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 onboard 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 catch and retain
halibut in Area 2C or Area 3A must
complete an ADF&G Saltwater Charter
Logbook (charter logbook) that contains
information on the CHP authorizing the
charter vessel fishing trip. The preamble
for the proposed rule to implement the
charter halibut limited access program,
published on April 21, 2009 (74 FR
18178), provided the rationale
underlying this requirement. The
Council originally recommended a
prohibition on the leasing of CHPs.
NMFS did not implement this
prohibition because (1) the Council did
not provide a specific definition of
leasing; and (2) such a prohibition likely
would have disrupted the operation of
many charter businesses and be difficult
to enforce. After additional
consideration on this issue, the Council
recommended three specific charter
logbook reporting requirements, in place
of the prohibition on leasing, to promote
involvement by the CHP holder with the
charter halibut fishing operation:
1. Prohibit the CHP from being used
onboard a vessel unless that vessel is
identified in an ADF&G Saltwater
Charter Logbook;
2. Require that a charter vessel
operator have onboard the vessel an
ADF&G Saltwater Charter Logbook
issued in the name of the CHP holder;
and
3. Require the authorizing CHP
number to be recorded in the ADF&G
Saltwater Charter Logbook for each trip.
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In the final rule implementing the
charter halibut limited access program
(75 FR 554, January 5, 2010), NMFS
implemented the Council’s charter
logbook reporting recommendations in
regulations at § 300.66(v). Section
300.66(v) states that is unlawful for any
person to:
(v) Be an operator of a vessel in Area
2C or Area 3A with one or more charter
vessel anglers onboard that are catching
and retaining halibut without having
onboard the vessel a State of Alaska
Department of Fish and Game Saltwater
Charter Logbook that specifies the
following:
(1) The person named on the charter
halibut permit or permits being used
onboard the vessel;
(2) The charter halibut permit or
permit number(s) being used onboard
the vessel; and
(3) The name and State issued boat
registration (AK number) or U.S. Coast
Guard documentation number of the
vessel.
This interpretive rule is
administrative and clarifies that NMFS
is relying on the regulatory text at
§ 300.66(v) for management purposes,
and not the preamble text. This
interpretive rule would not change
requirements, or long standing
procedures, for charter halibut
businesses to obtain charter logbooks
from ADF&G. The regulatory language
in § 300.66(v)(1) does not explicitly
require a charter vessel operator to have
onboard the vessel a charter logbook
issued in the name of the CHP holder,
despite what was stated in the preamble
to the limited access program proposed
rule.
NMFS also determined that in some
circumstances, a CHP holder may be
unable to obtain a charter logbook for
the vessel. This is because CHPs may be
issued in the name of an individual,
community quota entity, or other
owners and not necessarily the business
in which the charter logbooks are
issued. The State of Alaska issues a
charter logbook for a vessel in the name
of the Sport Fishing Business on a
charter operator’s State of Alaska
Business License. Although the State of
Alaska Business License lists the names
of the owner and business, only the
business name is recorded in the 2011
charter logbook. It is ADF&G’s policy
that charter fishing activity on one
vessel should be recorded in the charter
logbook issued for that vessel. NMFS
assigns a CHP to the individual or nonindividual entity who was the owner of
the business that qualified for the CHP
or who received the CHP by transfer.
The person named on the CHP may or
may not have provided NMFS a
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34891
business name associated with their
CHP. Therefore the names on the CHP
and the charter logbook may not match
since CHP applicants were not required
to provide the business name in which
the charter logbook was issued.
Consequently, the requirement for a
charter vessel operator to have onboard
the vessel a charter logbook issued in
the name of the CHP holder may not be
consistent with the manner in which
ADF&G issues charter logbooks.
Additionally, requiring a charter
vessel operator to have onboard the
vessel a charter logbook issued in the
name of the CHP holder, as stated in the
Council’s recommendation and in the
preamble to the limited access program
proposed rule, may compromise charter
logbook data quality. For example, a
charter operator may use multiple CHPs
onboard a vessel to increase the number
of anglers on a charter vessel fishing
trip. If the CHPs onboard the vessel are
issued to different persons, the operator
would be required to record information
for that charter vessel fishing trip in
more than one charter logbook. This
would result in information for one
charter vessel fishing trip being
recorded in multiple charter logbooks.
ADF&G could receive data pages for
charter trip information from each
charter logbook, potentially resulting in
duplicate data for halibut and other
species. Duplicate data would increase
the potential for data entry error and
could ultimately result in less reliable
charter harvest estimates. ADF&G uses
the logbook data received from the
charter vessel operators to project the
charter harvest estimates for the season.
This projection is presented to the
Council and the IPHC in October each
year.
Interpretation
This rule clarifies that Federal
regulations in § 300.66(v)(1), (2), and (3)
require operators of a vessel using one
or more CHPs to complete the charter
logbook as follows:
• Record the person(s) named on the
CHP(s) on the front of the ADF&G
Saltwater Charter Logbook in the space
provided for the CHP holder name;
• Record the CHP number on the
charter logbook page for the trip it was
used. If multiple CHPs are used for the
same charter vessel fishing trip, the
operator should (1) check the box
indicating ‘‘more than one CHP is being
used on this trip’’, (2) fill out a second
page for the trip with the second CHP
number, associated anglers, and activity,
and (3) continue until all CHPs
numbers, associated anglers, and
activity for the trip are recorded on
separate logbook pages.
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Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations
• Verify that the name and state
issued boat registration (AK number) or
U.S. Coast Guard documentation
number of the vessel on which the
logbook is used is recorded in the
charter logbook.
NMFS did not intend for the
prohibition at § 300.66(v) to conflict
with the collection of charter logbook
data. It was meant to promote
involvement by the CHP holder with the
charter halibut fishing operation and the
collection of accurate logbook data. The
requirement to identify the vessel in the
logbook was intended to be consistent
with an existing ADF&G requirement
that a charter vessel operator have
onboard the vessel a charter logbook.
Therefore, this interpretation clarifies
that a charter vessel operator must
record in the charter logbook issued for
the vessel the person named on the
CHP(s) and the CHP number(s) used for
each charter vessel fishing trip.
Classification
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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. As stated earlier in
the preamble, this action ensures that
the issuance of charter logbooks remains
the same as before the implementation
of the limited access program for guided
sport charter vessels and clarifies
confusion about who could be issued a
charter logbook.
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).
This interpretive rule is exempt from
the procedures of the Regulatory
Flexibility Act because the rule is issued
without opportunity for prior notice and
opportunity for public comment.
Authority: 16 U.S.C. 773 et seq.
Dated: June 9, 2011.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 2011–14854 Filed 6–14–11; 8:45 am]
BILLING CODE 3510–22–P
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National Oceanic and Atmospheric
Administration
50 CFR Parts 600 and 622
[Docket No. 110422261–1309–02]
RIN 0648–BA70
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic;
Snapper-Grouper Management
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
implement the approved actions
identified in a regulatory amendment
(Regulatory Amendment 9) to the
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP) prepared by the
South Atlantic Fishery Management
Council (Council). This final rule
reduces the recreational bag limit for
black sea bass, increases the commercial
trip limit for greater amberjack, and
establishes commercial trip limits for
vermilion snapper and gag. This rule
also implements a minor revision to the
mailing address for the NMFS Southeast
Regional Administrator (RA), revises
commercial trip limit codified text for
greater amberjack to be consistent with
respect to the commercial quota, and
corrects two closed area coordinates
published in a previous rulemaking.
The intended effect of this final rule is
to address derby-style fisheries for black
sea bass, gag, and vermilion snapper
while reducing the rate of harvest to
extend the fishing seasons of these three
species, to achieve optimum yield (OY)
for greater amberjack, and to implement
technical corrections to the regulations.
DATES: This rule is effective July 15,
2011, except for the amendment to
§ 622.39, which is effective June 22,
2011.
SUMMARY:
Electronic copies of the
regulatory amendment, which includes
an environmental assessment, a
regulatory impact review, and a
regulatory flexibility act analysis may be
obtained from the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov/sf/
SASnapperGrouperHomepage.htm.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Michie, 727–824–5305, e-mail:
Kate.Michie@noaa.gov.
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The
snapper-grouper fishery of the South
Atlantic is managed under the FMP. The
FMP was prepared by the Council and
is implemented through regulations at
50 CFR part 622 under the authority of
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On April 29, 2011, NMFS published
a proposed rule for Regulatory
Amendment 9 and requested public
comment (76 FR 23930). The proposed
rule and the regulatory amendment
outline the rationale for the actions
contained in this final rule. A summary
of the actions implemented by this final
rule are provided below.
This final rule sets the black sea bass
recreational bag limit at 5-fish per
person per day. This bag limit is
projected to slow the rate of recreational
harvest to allow for a longer recreational
fishing season. The effective date for the
implementation of the bag limit
reduction is June 22, 2011, which is
earlier than the effective date for the
other actions within this final rule. This
earlier date of implementation will
allow for adequate notice to recreational
fishers to plan their fishing activities
without delaying the implementation of
the bag limit reduction, and will
minimize unnecessary economic
impacts to snapper-grouper fisherman
by allowing for a longer fishing season
and more fishing trips.
To increase the probability of the
greater amberjack commercial sector
achieving OY, this final rule increases
the commercial trip limit to 1,200 lb
(544 kg). This increased trip limit is
expected to increase harvest
opportunities within the commercial
sector.
This final rule implements
commercial trip limits for vermilion
snapper and gag. These commercial trip
limits are intended to slow the rate of
harvest, extend commercial harvest
opportunities during the fishing year,
and reduce the risk of commercial quota
closures early in the fishing year.
This final rule also revises an
outdated mailing address for the NMFS
Southeast Regional Administrator (RA)
and corrects two closed area coordinates
published in the final rule
implementing Comprehensive
Ecosystem-Based Amendment 1 in the
South Atlantic (CE–BA1) (75 FR 35330,
June 22, 2010). The final rule for CE–
BA1 contained one latitudinal and one
longitudinal coordinate that were
incorrectly identified. These additional
measures are unrelated to the actions
contained in Regulatory Amendment 9.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
Kate
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]]>Agencies
[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Rules and Regulations]
[Pages 34890-34892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14854]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 110601314-1313-01]
RIN 0648-BA99
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: Interpretative rule.
-----------------------------------------------------------------------
SUMMARY: This rule clarifies regulations that apply to vessels
operating in the guided sport (charter) fishery for halibut in
International Pacific Halibut Commission Regulatory Area 2C (Southeast
Alaska) and Area 3A (Central Gulf of Alaska). Under regulations
implementing the charter halibut limited access program, operators of a
vessel in Area 2C or Area 3A with one or more charter vessel anglers
onboard that catch and retain halibut must have an Alaska Department of
Fish and Game (ADF&G) Saltwater Charter Logbook onboard which specifies
the person named on the charter halibut permit(s) being used onboard
the vessel, and the charter halibut permit number(s) being used onboard
the vessel. This interpretation clarifies that a charter operator may
use the ADF&G Saltwater Charter Logbook issued for the vessel to record
the charter halibut permit information. A charter vessel operator is
not required to have a separate ADF&G Saltwater Charter Logbook issued
in the name of the charter halibut permit holder.
DATES: This rule is effective on June 15, 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: Gwen Herrewig, 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). 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
[[Page 34891]]
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 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 onboard 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 catch and retain halibut in Area 2C or Area 3A
must complete an ADF&G Saltwater Charter Logbook (charter logbook) that
contains information on the CHP authorizing the charter vessel fishing
trip. The preamble for the proposed rule to implement the charter
halibut limited access program, published on April 21, 2009 (74 FR
18178), provided the rationale underlying this requirement. The Council
originally recommended a prohibition on the leasing of CHPs. NMFS did
not implement this prohibition because (1) the Council did not provide
a specific definition of leasing; and (2) such a prohibition likely
would have disrupted the operation of many charter businesses and be
difficult to enforce. After additional consideration on this issue, the
Council recommended three specific charter logbook reporting
requirements, in place of the prohibition on leasing, to promote
involvement by the CHP holder with the charter halibut fishing
operation:
1. Prohibit the CHP from being used onboard a vessel unless that
vessel is identified in an ADF&G Saltwater Charter Logbook;
2. Require that a charter vessel operator have onboard the vessel
an ADF&G Saltwater Charter Logbook issued in the name of the CHP
holder; and
3. Require the authorizing CHP number to be recorded in the ADF&G
Saltwater Charter Logbook for each trip.
In the final rule implementing the charter halibut limited access
program (75 FR 554, January 5, 2010), NMFS implemented the Council's
charter logbook reporting recommendations in regulations at Sec.
300.66(v). Section 300.66(v) states that is unlawful for any person to:
(v) Be an operator of a vessel in Area 2C or Area 3A with one or
more charter vessel anglers onboard that are catching and retaining
halibut without having onboard the vessel a State of Alaska Department
of Fish and Game Saltwater Charter Logbook that specifies the
following:
(1) The person named on the charter halibut permit or permits being
used onboard the vessel;
(2) The charter halibut permit or permit number(s) being used
onboard the vessel; and
(3) The name and State issued boat registration (AK number) or U.S.
Coast Guard documentation number of the vessel.
This interpretive rule is administrative and clarifies that NMFS is
relying on the regulatory text at Sec. 300.66(v) for management
purposes, and not the preamble text. This interpretive rule would not
change requirements, or long standing procedures, for charter halibut
businesses to obtain charter logbooks from ADF&G. The regulatory
language in Sec. 300.66(v)(1) does not explicitly require a charter
vessel operator to have onboard the vessel a charter logbook issued in
the name of the CHP holder, despite what was stated in the preamble to
the limited access program proposed rule.
NMFS also determined that in some circumstances, a CHP holder may
be unable to obtain a charter logbook for the vessel. This is because
CHPs may be issued in the name of an individual, community quota
entity, or other owners and not necessarily the business in which the
charter logbooks are issued. The State of Alaska issues a charter
logbook for a vessel in the name of the Sport Fishing Business on a
charter operator's State of Alaska Business License. Although the State
of Alaska Business License lists the names of the owner and business,
only the business name is recorded in the 2011 charter logbook. It is
ADF&G's policy that charter fishing activity on one vessel should be
recorded in the charter logbook issued for that vessel. NMFS assigns a
CHP to the individual or non-individual entity who was the owner of the
business that qualified for the CHP or who received the CHP by
transfer. The person named on the CHP may or may not have provided NMFS
a business name associated with their CHP. Therefore the names on the
CHP and the charter logbook may not match since CHP applicants were not
required to provide the business name in which the charter logbook was
issued. Consequently, the requirement for a charter vessel operator to
have onboard the vessel a charter logbook issued in the name of the CHP
holder may not be consistent with the manner in which ADF&G issues
charter logbooks.
Additionally, requiring a charter vessel operator to have onboard
the vessel a charter logbook issued in the name of the CHP holder, as
stated in the Council's recommendation and in the preamble to the
limited access program proposed rule, may compromise charter logbook
data quality. For example, a charter operator may use multiple CHPs
onboard a vessel to increase the number of anglers on a charter vessel
fishing trip. If the CHPs onboard the vessel are issued to different
persons, the operator would be required to record information for that
charter vessel fishing trip in more than one charter logbook. This
would result in information for one charter vessel fishing trip being
recorded in multiple charter logbooks. ADF&G could receive data pages
for charter trip information from each charter logbook, potentially
resulting in duplicate data for halibut and other species. Duplicate
data would increase the potential for data entry error and could
ultimately result in less reliable charter harvest estimates. ADF&G
uses the logbook data received from the charter vessel operators to
project the charter harvest estimates for the season. This projection
is presented to the Council and the IPHC in October each year.
Interpretation
This rule clarifies that Federal regulations in Sec. 300.66(v)(1),
(2), and (3) require operators of a vessel using one or more CHPs to
complete the charter logbook as follows:
Record the person(s) named on the CHP(s) on the front of
the ADF&G Saltwater Charter Logbook in the space provided for the CHP
holder name;
Record the CHP number on the charter logbook page for the
trip it was used. If multiple CHPs are used for the same charter vessel
fishing trip, the operator should (1) check the box indicating ``more
than one CHP is being used on this trip'', (2) fill out a second page
for the trip with the second CHP number, associated anglers, and
activity, and (3) continue until all CHPs numbers, associated anglers,
and activity for the trip are recorded on separate logbook pages.
[[Page 34892]]
Verify that the name and state issued boat registration
(AK number) or U.S. Coast Guard documentation number of the vessel on
which the logbook is used is recorded in the charter logbook.
NMFS did not intend for the prohibition at Sec. 300.66(v) to
conflict with the collection of charter logbook data. It was meant to
promote involvement by the CHP holder with the charter halibut fishing
operation and the collection of accurate logbook data. The requirement
to identify the vessel in the logbook was intended to be consistent
with an existing ADF&G requirement that a charter vessel operator have
onboard the vessel a charter logbook. Therefore, this interpretation
clarifies that a charter vessel operator must record in the charter
logbook issued for the vessel the person named on the CHP(s) and the
CHP number(s) used for each 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. As stated earlier in the preamble, this action ensures
that the issuance of charter logbooks remains the same as before the
implementation of the limited access program for guided sport charter
vessels and clarifies confusion about who could be issued a charter
logbook.
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).
This interpretive rule is exempt from the procedures of the
Regulatory Flexibility Act because the rule is issued without
opportunity for prior notice and opportunity for public comment.
Authority: 16 U.S.C. 773 et seq.
Dated: June 9, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 2011-14854 Filed 6-14-11; 8:45 am]
BILLING CODE 3510-22-P
