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Pacific Halibut Fisheries; Guideline Harvest Levels for the Guided Recreational Halibut Fishery
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 28, 2002 (Volume 67, Number 18)]
[Proposed Rules]
[Page 3867-3873]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja02-18]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 011206293-1293-01; I.D. 101501A]
RIN 0648-AK17
Pacific Halibut Fisheries; Guideline Harvest Levels for the
Guided Recreational Halibut Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement a guideline harvest
level (GHL) and a system of harvest reduction measures for managing the
harvest of Pacific halibut in the guided recreational fishery in
International Pacific Halibut Commission (Commission) areas 2C and 3A
off Alaska. The GHL would establish an estimated amount of halibut
harvests that may be taken annually in the guided recreational fishery.
The system of harvest reduction measures would provide for a number of
management measures to take effect incrementally in the event that
harvests exceed the GHL. This action is necessary to allow NMFS to
manage more comprehensively the Pacific halibut stocks in waters off
Alaska. It is intended to further the management and conservation goals
of the Northern Pacific Halibut Act of 1982 (Halibut Act).
DATES: Comments on the proposed rule must be received by February 27,
2002.
ADDRESSES: Comments must be sent to Sue Salveson, Assistant Regional
Administrator for Sustainable Fisheries, Alaska Region, NMFS, P.O. Box
21668, Juneau, AK 99802, Attn: Lori Gravel, or delivered to the Federal
Building, 709 West 9th Street, Juneau, AK. Copies of the Environmental
Assessment/Regulatory Impact Review/Initial Regulatory Flexibility
Analysis (EA/RIR/IRFA) prepared for this action are available from the
North Pacific Fishery Management Council at 605 West 4th Avenue, Suite
306, Anchorage, AK 99501-2252.
SUPPLEMENTARY INFORMATION:
Background
The Commission promulgates regulations governing the Pacific
halibut fishery under the Convention between the United States and
Canada for the Preservation of the Halibut Fishery of the North Pacific
Ocean and Bering Sea (Convention), signed at Ottawa, Ontario, on March
2, 1953, as amended by a Protocol Amending the Convention (signed at
Washington, DC, on March 29, 1979). The Commission's regulations are
subject to approval by the Secretary of State with concurrence of the
Secretary of Commerce (Secretary) (16 U.S.C. 773b). Additional
management measures may be developed by the North Pacific Fishery
Management Council (Council) to allocate harvesting privileges among
U.S. fishermen. The Halibut Act provides NMFS with authority to
implement such allocation measures through regulatory amendments
approved by the Secretary in consultation with the Council. In addition
to the IPHC regulations, the commercial halibut fishery off Alaska is
managed under the halibut Individual Fishing Quota (IFQ) Program
implemented in 1995.
Each year the Commission staff assesses the abundance and potential
yield of Pacific halibut using all available data from the commercial
fishery and scientific surveys. Harvest limits for 10 regulatory areas
are determined by fitting a detailed population model to the data from
each area. A biological target level for total removals in a given area
is then calculated by multiplying a fixed harvest rate, presently 20
percent, to the estimate of exploitable biomass. This target level is
called the ``constant exploitation yield'' (CEY) for that area in the
coming year. Each CEY represents the total allowable harvest (in net
pounds) for that area, which cannot be exceeded. The Commission then
estimates the sport and personal use, subsistence harvests, wastage,
and bycatch mortalities for each area. These are subtracted from the
CEY and the remainder may be set as the catch quota for each area's
directed commercial fixed gear fishery. Allocations to the guided
recreational fishery are thus unrestricted within the CEY and represent
an open-ended allocation to the guided recreational fishery from quota
available to the commercial halibut fishery. Hence, as the guided
recreational fishery expands, its harvests reduce the pounds available
to be fished in the commercial halibut fishery and, subsequently, the
value of quota shares (QS) in the IFQ Program.
The Council has discussed the expansion of the halibut guided
recreational fleet since 1993, when the rapid increase in guided
recreational vessel effort in some small Alaskan communities, such as
Sitka, gave rise to concerns about localized depletion of the halibut
resource and the potential reallocation of greater percentages of the
CEY from the IFQ fishery to the guided recreational vessel fishery. In
1995, the Council developed the following six-point problem statement
to direct its analysis of issues attending the guided recreational
halibut fishery:
The recent expansion of the halibut charter industry may make
achievement of Magnuson-Stevens Act National Standards more
difficult. Of concern is the Council's ability to maintain the
stability, economic viability, and diversity of the halibut
industry, the quality of the recreational experience, the access of
subsistence users, and the socioeconomic well-being of the coastal
communities dependent on the halibut resource. Specifically, the
Council notes the following areas of concern with respect to the
recent growth of halibut charter operations:
1. Pressure by charter operations may be contributing to
localized depletion in several areas.
2. The recent growth of charter operations may be contributing
to overcrowding of productive grounds and declining harvests for
historic sport and subsistence fishermen in some areas.
3. As there is currently no limit on the annual harvest of
halibut by charter operations, an open-ended reallocation from the
commercial fishery to the charter industry is occurring. This
reallocation may increase if the projected growth of the charter
industry occurs. The economic and social impact on the commercial
fleet of this open-ended reallocation may be substantial and could
be magnified by the IFQ program.
4. In some areas, community stability may be affected as
traditional sport, subsistence, and commercial fishermen are
displaced by charter operators. The uncertainty associated with the
present situation and the conflicts that are occurring between the
various user groups may also be impacting community stability.
5. Information is lacking on the socioeconomic composition of
the current charter industry. Information is needed that tracks: (1)
the effort and harvest of individual charter operations; and (2)
changes in business patterns.
6. The need for reliable harvest data will increase as the
magnitude of harvest expands in the charter sector.
In September 1997, the Council took final action on two management
actions affecting the halibut guided recreational fishery, culminating
more than 4 years of discussion, debate, public testimony, and
analysis. First, the Council
[[Page 3868]]
approved recording and reporting requirements for the halibut guided
recreational fishery. To implement this requirement, the Alaska
Department of Fish and Game (ADF&G) Sport Fish Division, under the
authority of the Alaska Board of Fisheries, instituted a Saltwater
Charter Vessel Logbook (Logbook) in 1998. Information collected under
this program provides fishery scientists and managers with the number
of fish landed and/or released, the date and primary location of
fishing, the hours and number of lines fished, the number of clients
and crew fishing, the ownership of the vessel, and the identity of the
vessel operator.
The logbook collects such information as the Council and ADF&G
determined at the time to be essential for managing the guided
recreational fishery harvests of halibut. It complements additional
sportfish data collected by the State of Alaska (State) through the
Statewide Harvest Survey (Harvest Survey), conducted annually since
1977, and the on-site (creel and catch sampling) surveys conducted
separately by ADF&G in Southeast and Southcentral Alaska.
For the second management action in September 1997, the Council
recommended GHLs for the halibut guided recreational fishery in
Commission regulatory areas 2C and 3A. The GHLs were based on the
guided recreational sector receiving 125 percent of its 1995 harvest.
This amount was equivalent to 12.76 percent and 15.61 percent of the
combined commercial/guided recreational halibut quota in areas 2C and
3A, respectively. The Council stated its intent that guided
recreational harvests in excess of the GHL would not lead to a mid-
season closure of the fishery, but instead would trigger other
management measures to take effect in years following attainment of the
GHL. The overall intent was to maintain a stable guided recreational
season of historical length, using area-specific harvest reduction
measures. If end-of-season harvest data indicated that the guided
recreational sector likely would have reached or exceeded its area-
specific GHL in the following season, NMFS would implement measures to
slow down guided recreational halibut harvest. Given the 1-year lag
between the end of the fishing season and the availability of that
year's harvest data, management measures in response to the guided
recreational fleet's meeting or exceeding the GHL would take up to 2
years to become effective. However, the Council did not recommend
specific management measures to be implemented by NMFS if the GHL were
reached.
In December 1997, the NMFS Alaska Regional Administrator informed
the Council that the GHL could not be published as a regulation without
specific management measures to give it effect. Further, because the
Council had not recommended specific management measures by which to
limit harvests if the GHL were reached, no formal approval decision by
the Secretary was required for the Council's proposed GHL policy, and
it was not forwarded for review.
After being notified that its 1997 GHL policy recommendation would
not be submitted for review, the Council initiated a public process to
identify GHL management measures. The Council formed a GHL Committee to
recommend alternative management measures for analysis that would
constrain guided recreational harvests below the GHL. In April 1999,
the Council identified the following for analysis: (1) a suite of GHL
management measure alternatives; (2) alternatives that would change the
GHL as approved in 1997; and (3) area-wide and local area management
plan moratorium options under all alternatives. Several factors
influenced the Council to recommend a program in which the
implementation of harvest reduction measures would be triggered in
fishing years subsequent to a year in which the GHL was achieved or
exceeded. Among these factors were (1) the unavailability of reliable
in-season catch monitoring for the halibut guided recreational fishery;
(2) the impracticality of making in-season adjustments to the
commercial IFQ fishery; and (3) the undesirability of shortening the
current guided recreational fishing season, which the Commission's
annual halibut regulations have typically set between February 1 and
December 31.
In February 2000, after 7 years of discussing the halibut guided
recreational fishery, the Council took final action and voted 10-1 to
recommend a redefined halibut guided recreational GHL and a system of
management measures, the essential design of which was forged by
representatives of both the commercial halibut fishery and halibut
guided recreational fleet. As part of this action, the Council also
recommended expediting review of a proposal to integrate the halibut
guided recreational fisheries in Commission Regulatory Areas 2C and 3A
into the existing commercial IFQ Program. The Council reviewed the
analysis for that proposal in February, 2001, and, at its meeting the
following April, it took final action to recommend implementation of
halibut guided recreational IFQs. If approved by the Secretary, a
halibut guided recreational IFQ program would supersede the management
of the fishery under the GHL proposed in this action.
The GHL
The GHL establishes a pre-season estimate of acceptable annual
harvests for the halibut fishery in Commission areas 2C and 3A. To
allow for limited growth of the guided recreational fleet while
approximating historical harvest levels, the GHLs would be based on 125
percent of the average of 1995-99 guided recreational harvest estimates
as reported by the ADF&G's Harvest Survey. By weight, the GHLs would
equate to 13.05 percent of the combined guided recreational and
commercial quota in area 2C or 1,432,000 lb (649.5 mt) net weight; and
14.11 percent of the combined guided recreational and commercial quota
in area 3A or 3,650,000 lb (1,655.6 mt) net weight.
The GHL would be responsive to annual reductions in stock
abundance. In the event of a reduction in either area's halibut stocks,
as determined by the Commission, the area GHL would be reduced
incrementally in proportion to the stock reduction. The reductions in
the GHL would be made using percentages based on the average harvests
from 1999 to 2000, as a reflection of recent harvest levels.
For example, should the halibut stock in area 2C fall 15 percent or
more below its 1999-2000 average, the area 2C GHL would be reduced by
15 percent, from 1,432,000 lb (649.5 mt) to 1,217,200 lb (552.1 mt).
Should the area stock abundance fall a further 10 percent or more, the
GHL would also be reduced by an additional 10 percent from 1,217,200 lb
(552.1 mt) to 1,095,480 lb (496.9 mt), and so on with further 10
percent reductions in abundance. As abundance returns to its pre-
reduction level (the 1999-2000 average), the GHL would be increased by
commensurate incremental percentage points to its initial level of 125
percent of the average of 1995-99 guided recreational harvest
estimates.
In the case of increases in stock abundance, the GHL would never
exceed its initial level of 1,432,000 lb (649.5 mt) in Area 2C and
3,650,000 lb (1,655.6 mt) in Area 3A. Setting the GHL at 125 percent of
the 1995-1999 harvest estimates would allow for limited growth of the
guided recreational fishery, but would effectively limit further growth
at this level. NMFS invites public comment on this feature of the
proposed action.
[[Page 3869]]
Harvest reduction measures
The GHL will not institute in-season actions to reduce guided
recreational harvests. Instead, measures to reduce guided recreational
harvests would be implemented by notification in following years. NMFS
specifically requests that the public provide comments on this method
of implementing management measures to reduce halibut harvest. The
ADF&G typically publishes data on a given year's halibut guided
recreational harvests from the ADF&G's Logbook program and Harvest
Survey, respectively, in February and August of the following year.
Given this delay between a given year's harvests and the issuance of
logbook and harvest survey reports of the data from those harvests,
measures to reduce guided recreational harvests would also be delayed
to ensure the accuracy of data indicating that harvests exceeded the
GHL.
NMFS would reduce harvests incrementally, based on the percentage
at which the previous year's harvests exceeded the GHL. For example, a
reduction in the daily ``bag limit'' or number of halibut a sport
angler may harvest each day would be triggered and implemented only as
the final tool when the GHL is exceeded by greater than 50 percent.
This measure, like the others for harvests over 20 percent, would be
implemented in the second year following the year of overharvest. For
purposes of this limitation, daily bag limit means the amount of
halibut that may be harvested per calendar day, or as specifically
defined for waters in and off Alaska, the period from 0001 hours,
A.l.t., until the following 2400 hours, A.l.t. (See 50 CFR 679.2
Definitions, Daily reporting period or day.)
In this system of harvest reduction measures, ``harvest'' means the
catching and retaining of fish and, in the context of prohibiting
harvests by a vessel's skipper and crew, is intended only to preclude
retention by a vessel's skipper and crew and not to prevent a vessel's
crew from assisting clients in fishing for and catching halibut.
The system recommended by the Council is as follows.
Area 2C Management Tools
------------------------------------------------------------------------
Harvests will be restricted
When annual harvests in the halibut guided in following years by
recreational fishery exceed GHL by: implementation of a
restriction that:
------------------------------------------------------------------------
Less than 10 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period.
10-15 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
No operator or crewmember
aboard a guided
recreational vessel may
retain halibut.
16-20 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
No operator or crewmember
aboard a guided
recreational vessel may
retain halibut;
No person may retain more
than seven halibut
harvested on a guided
recreational vessel during
the calendar year.
21-30 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
No operator or crewmember
aboard a guided
recreational vessel may
retain halibut;
No person may retain more
than six halibut harvested
on a guided recreational
vessel during the calendar
year.
31-40 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
No operator or crewmember
aboard a guided
recreational vessel may
retain halibut;
No person may retain more
than five halibut harvested
on a guided recreational
vessel during the calendar
year.
41-50 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
No operator or crewmember
aboard a guided
recreational vessel may
retain halibut;
No person may retain more
than four halibut harvested
on a guided recreational
vessel during the calendar
year.
More than 50 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
No operator or crewmember
aboard a guided
recreational vessel may
retain halibut;
No person may retain more
than four halibut harvested
on a guided recreational
vessel during the calendar
year;
Between the dates of August
1 and August 31, no person
may retain more than 1
halibut per day harvested
aboard a guided
recreational vessel.
------------------------------------------------------------------------
Area 3A Management Tools
------------------------------------------------------------------------
Harvests will be restricted
When annual harvests in the halibut guided in following years by
recreational fishery exceed GHL by: implementation of a
restriction that:
------------------------------------------------------------------------
Less than 10 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period.
10-20 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
No operator or crewmember
aboard a guided
recreational vessel may
retain halibut.
21-30 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
No operator or crewmember
aboard a guided
recreational vessel may
retain halibut;
No person may retain more
than seven halibut
harvested on a guided
recreational vessel during
the calendar year.
[[Page 3870]]
31-40 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
No operator or crewmember
aboard a guided
recreational vessel may
retain halibut;
No person may retain more
than six halibut harvested
on a guided recreational
vessel during the calendar
year.
41-50 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
No operator or crewmember
aboard a guided
recreational vessel may
retain halibut;
No person may retain more
than five halibut harvested
on a guided recreational
vessel during the calendar
year.
More than 50 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
No operator or crewmember
aboard a guided
recreational vessel may
retain halibut;
No person may retain more
than four halibut harvested
on a guided recreational
vessel during the calendar
year;
Between the dates of August
1 and August 31, no person
may retain more than 1
halibut per day harvested
aboard a guided
recreational vessel.
------------------------------------------------------------------------
How the System of Harvest Reduction Measures Would Work
No guided recreational halibut harvest reduction measures would be
implemented if the total guided recreational harvest in the area (2C or
3A) remains at or below the GHL for that area. However, if the GHL is
exceeded in a given year, appropriate harvest reduction measures would
be imposed in following years to reduce harvests incrementally by the
percentage at which the previous year's harvests exceeded the GHL. For
example, if harvests in Area 2C in 2002 exceeded the GHL by 15 percent,
halibut guided recreational harvests in that area would be restricted
in 2003 by prohibiting harvests by skipper and crew and by prohibiting
a guided recreational vessel from concluding more than one fishing trip
during which halibut are harvested during a single 24-hour period.
In years when harvests exceed the GHL by an amount greater than 20
percent of the GHL, harvest reduction measures would be implemented in
two phases. First, measures designed to achieve a reduction of up to 20
percent in guided recreational harvests would be implemented for the
fishing year following the overage. Second, measures designed to
achieve greater than 20 percent reductions in harvest (e.g., annual
limits and a one-fish bag limit in August) would be implemented 1 year
later to allow for verification from the Harvest Survey of the
percentage by which guided recreational harvests exceeded the GHL. For
example, if guided recreational harvests in 3A were exceeded in 2002 by
35 percent, in 2003, harvests would be restrained by prohibiting
harvests by skipper and crew and by prohibiting a guided recreational
vessel from concluding more than one fishing trip during which halibut
are harvested during a single 24-hour period. In the following year,
2004, once NMFS has data verifying that the GHL was exceeded by 35
percent, harvests would be further restrained by imposing an annual
limit of six fish on each individual angler fishing from a guided
recreational vessel.
The reason for the delay in implementing the harvest reduction
measures is to not over-react to an overharvest until such time that
NMFS has all data verifying the extent of overharvest, and so that, if
necessary, either NMFS can institute greater or lesser reduction
measures or the Council can recommend that measures currently in place
be removed.
Once NMFS has preliminary data indicating that the level of
harvests from a previous season exceeded the GHL, the appropriate
harvest reduction measures would be triggered [to be in effect]
for the
following season. The Administrator, Alaska Region, NMFS (Regional
Administrator) would announce such measures by notification in the
Federal Register prior to the start of the annual sport halibut fishing
season.
The proposed system of harvest reduction measures was developed by
the Council using its best estimates of which measures would have the
least effect and which the greatest effect. At present, no single
management measure can be accurately projected as reducing harvests by
a certain percentage. For this reason, the measures more likely to
reduce harvests substantially are reserved for curtailing harvests that
greatly exceed the GHL. The experience of managing the guided
recreational fishery under this system would likely give the Council
and NMFS more certain data in the future by which to determine the
extent of each particular management measure's ability to reduce
harvests. Therefore, at the end of a sport halibut fishing season
during which harvest reduction measures were in effect, the Council
would review such measures to evaluate their efficacy in preventing
further harvests in excess of the GHL or the appropriateness of lifting
such management measures. This review accomplishes two goals: the first
is to evaluate whether the overharvest is likely to continue in the
subsequent years and the second is to evaluate whether any additional
refinements are needed for any restrictions currently in place. If the
Council, in consultation with NMFS, determines that restrictions should
be lifted or refined, NMFS will undertake rulemaking to implement them,
so long as the agency approves of such possible changes. Rulemaking
will be undertaken in accordance with the requirements of applicable
law.
Implementation Issues
NMFS is working with the Council and the ADF&G to resolve a number
of recordkeeping and reporting issues essential to NMFS' ability to
monitor compliance with the proposed harvest reduction measures. As
noted above, in 1998 the ADF&G instituted its saltwater charter logbook
program in response to the Council's initial recommendations for
managing the halibut guided recreational fishery. The logbook provides
one means by which NMFS may monitor compliance with harvest reduction
measures in the field during the fishing season. However, NMFS' access
to data derived from the logbook is limited by Alaska Statute 16.05.815
of the State's fish and game regulations, which requires that
information provided to the State in compliance with its regulations be
kept confidential and may not be released. This confidentiality
provision prevents NMFS from accessing logbook data for enforcement
purposes once logbooks have been submitted to the State and may prevent
NMFS from accessing the information for such purposes prior to its
submission to the State.
Moreover, the information collected by the logbook would not alone
be sufficient to monitor compliance with
[[Page 3871]]
the harvest reduction measures. NMFS would require additional
information on times and dates of the end of fishing trips, as well as
information identifying each individual angler and his or her total
harvests aboard guided recreational vessels.
The ADF&G sportfishing license currently requires an angler's up-
to-date information on catches of species that are managed under annual
limits. Adequate monitoring of an annual limit on halibut harvests
would require that halibut harvested aboard guided recreational vessels
be added to this list. The ADF&G sportfishing license would then
provide an additional means of monitoring compliance with harvest
reduction measures in the field. NMFS may also require post-season data
collection on annual limits for enforcement purposes, in which case an
additional collection-of-information requirement would need to be put
in place either as part of the logbook or by an alternative means.
Adequate recordkeeping and reporting requirements and monitoring
capabilities are imperative to the enforceability and, hence, the
success of the proposed GHL program in managing harvests by the guided
recreational fishery. As explained above, NMFS is working with the
ADF&G and State to resolve these recordkeeping and reporting issues.
The ability of NMFS to adequately monitor and enforce a program is an
important consideration when NMFS decides whether to approve
recommendations of the Council.
Currently, there are no new collections of information associated
with this proposed rule. As detailed above, NMFS is working with the
State of Alaska to obtain the information necessary to enforce this
rule. Nevertheless, if such efforts fail or necessary information if
otherwise unavailable, NMFS may implement future collections of
information in accordance with applicable law if necessary to monitor
compliance.
Classification
The Council prepared an IRFA for this action that assesses
potential impacts on small entities for purposes of the Regulatory
Flexibility Act (RFA). According to 1999 ADF&G logbook data, 397 guided
recreational businesses operated in Area 2C, and 434 in Area 3A. All
831 guided recreational businesses could be considered small entities
for purposes of the RFA. The proposed action also would impact an
estimated 4,000 permit holders and 860 registered commercial halibut
buyers participating in the commercial halibut IFQ Program, many of
which are small entities. Also classified as small entities under the
RFA are the many small government jurisdictions with fewer than 50,000
residents that are home to commercial halibut fishermen and guided
recreational vessel owners and operators.
The Council identified the following issues in its discussion of
the expansion of the halibut guided recreational fleet: (1) possible
localized depletion of halibut because of fishing pressure by charter
operations; (2) overcrowding of productive grounds and declining
harvests for historic sport and subsistence fishermen in some areas;
(3) economic and social impact on the commercial fleet by an open-ended
reallocation from the commercial fishery to the charter industry, if
projected growth of the charter industry occurs; and (4) effect on
community stability as traditional sport, substance, and commercial
fishermen are displaced by charter operators.
The Council also considered a moratorium on the further entry in
the charter fisheries. The moratorium alternatives and options included
years of participation, owners versus vessels, evidence of
participation, vessel upgrades, transfers, and duration for review.
However, the Council rejected the moratorium because, based on the
number of qualifying vessels under various options, it was unlikely
that a moratorium would constrain the charter harvest. In addition to
the moratorium and the no action alternative, the Council considered
alternative GHL levels.
The GHL alternatives reviewed by the Council represent trade-offs
between the commercial and guided recreational fisheries. The GHL is
designed to limit the amount of halibut that may be taken in the guided
recreational fishery. The Council also considered not regulating
harvests in the guided recreational fishery. However, the Council
rejected this as failure to regulate could erode the harvest share
available to commercial halibut fishermen, many of whom are also small
entities.
The proposed GHL, which allows the charter industry to grow,
represents a balance between the status quo's impact on small
commercial entities and the impact of more restrictive alternatives on
small recreational entities.
As this is a new rule applicable to a previously unregulated group,
there are no duplicative or overlapping rules associated with this
proposed rule.
This action does not contain federalism implications, as that term
is defined in E.O. 13132. This proposed rule has been determined to be
not significant for the purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 300
Fisheries, Fishing, Reporting and recordkeeping requirements,
Treaties.
Dated: January 19, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR Part 300 is
proposed to be amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
1. The authority citation for 50 CFR part 300 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq.
2. Section 300.61 is amended by adding ``Guided recreational
vessel'', ``Guideline harvest level'', and ``Harvest'' in alphabetical
order as follows:
Sec. 300.61 Definitions.
* * * * *
Guided recreational vessel means a vessel and operator used for
hire by a recreational angler for harvesting halibut.
Guideline harvest level means a level of allowable fish harvest by
the recreational halibut guided recreational vessel fishery.
Harvest means the catching and retaining of fish.
* * * * *
3. In Sec. 300.63, paragraph (f) is added to read as follows:
Sec. 300.63 Catch sharing plans, local area management plans, and
domestic management measures.
* * * * *
(f) Guideline harvest levels. (1) The annual guideline harvest
levels for areas 2C and 3A are as follows.
(i) Area 2C. (A) The guideline harvest level for area 2C will be
1,432,000 lb (649.5 mt).
(B) In years of low abundance of halibut stocks in area 2C, as
determined by the Commission, the guideline harvest level will be
reduced:
(1) By 15 percent when the halibut stock abundance falls at least
15 percent below its 1999-2000 average; and
(2) After the initial 15 percent reduction, by further 10 percent
increments as stock abundance declines by additional 10 percent
increments below its 1999-2000 average.
(C) Area 2C harvest reduction measures. The appropriate annual
harvest reduction measures for area 2C, identified in the table below,
will take
[[Page 3872]]
effect pursuant to paragraph (f)(3) of this section when the
Administrator, Alaska Region, NMFS, determines that harvests from the
previous year exceeded the GHL for that year by the corresponding
percentage.
------------------------------------------------------------------------
Harvests will be restricted
When annual harvests in the halibut guided in following years by
recreational fishery exceed GHL by: implementation of a
restriction that:
------------------------------------------------------------------------
(1) Less than 10 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period.
(2) 10-15 percent (i) No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
(ii) No operator or
crewmember aboard a guided
recreational vessel may
retain halibut.
(3) 16-20 percent (i) No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
(ii) No operator or
crewmember aboard a guided
recreational vessel may
retain halibut;
(iii) No person may retain
more than seven halibut
harvested on a guided
recreational vessel during
the calendar year.
(4) 1-30 percent (i) No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
(ii) No operator or
crewmember aboard a guided
recreational vessel may
retain halibut;
(iii) No person may retain
more than six halibut
harvested on a guided
recreational vessel during
the calendar year.
(5) 31-40 percent (i) No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
(ii) No operator or
crewmember aboard a guided
recreational vessel may
retain halibut;
(iii) No person may retain
more than five halibut
harvested on a guided
recreational vessel during
the calendar year.
(6) 41-50 percent (i) No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
(ii) No operator or
crewmember aboard a guided
recreational vessel may
retain halibut;
(iii) No person may retain
more than four halibut
harvested on a guided
recreational vessel during
the calendar year.
(7) More than 50 percent (i) No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
(ii) No operator or
crewmember aboard a guided
recreational vessel may
retain halibut;
(iii) No person may retain
more than four halibut
harvested on a guided
recreational vessel during
the calendar year;
(iv) Between the dates of
August 1 and August 31, no
person may retain more than
1 halibut per day harvested
aboard a guided
recreational vessel.
------------------------------------------------------------------------
(2) Area 3A. (i) GHL. The guideline harvest level for area 3A will
be 3,650,000 lb (1,655.6 mt).
(ii) In years of low abundance of halibut stocks in area 3A, as
determined by the Commission, the guideline harvest level will be
reduced:
(A) By 15 percent when the halibut stock abundance falls at least
15 percent below its 1999-2000 average; and
(B) After the initial 15 percent reduction, by further 10 percent
increments as stock abundance declines by additional 10 percent
increments below its 1999-2000 average.
(C) Area 3A harvest reduction measures. The appropriate annual
harvest reduction measures for area 3A, identified in the table below,
will take effect pursuant to paragraph (f)(3) of this section when the
Administrator, Alaska Region, NMFS, determines that harvests from the
previous year exceeded the GHL for that year by the corresponding
percentage.
------------------------------------------------------------------------
Harvests will be restricted
When annual harvests in the halibut guided in following years by
recreational fishery exceed GHL by: implementation of a
restriction that:
------------------------------------------------------------------------
(1) Less than 10 percent No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period.
(2) 10-20 percent (i) No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
(ii) No operator or
crewmember aboard a guided
recreational vessel may
retain halibut.
(3) 21-30 percent (i) No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
(ii) No operator or
crewmember aboard a guided
recreational vessel may
retain halibut;
(iii) No person may retain
more than seven halibut
harvested on a guided
recreational vessel during
the calendar year.
(4) 31-40 percent (i) No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
(ii) No operator or
crewmember aboard a guided
recreational vessel may
retain halibut;
(iii) No person may retain
more than six halibut
harvested on a guided
recreational vessel during
the calendar year.
(5) 41-50 percent (i) No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
(ii) No operator or
crewmember aboard a guided
recreational vessel may
retain halibut;
(iii) No person may retain
more than five halibut
harvested on a guided
recreational vessel during
the calendar year.
[[Page 3873]]
(6) More than 50 percent (i) No guided recreational
vessel may complete more
than one fishing trip in a
single 24-hour period;
(ii) No operator or
crewmember aboard a guided
recreational vessel may
retain halibut;
(iii) No person may retain
more than four halibut
harvested on a guided
recreational vessel during
the calendar year;
(iv) Between the dates of
August 1 and August 31, no
person may retain more than
1 halibut per day harvested
aboard a guided
recreational vessel.
------------------------------------------------------------------------
(3) Implementation. (i) As soon as practicable after receiving data
on annual harvests in the halibut guided recreational vessel fishery,
the Administrator, Alaska Region, NMFS, will publish a notification in
the Federal Register announcing the harvest reduction measures (if any)
to be imposed for the succeeding year, pursuant to paragraphs
(f)(1)(i)(C) and (f)(2)(ii)(C) of this section.
(ii) At the conclusion of a guided recreational halibut fishing
season during which harvest reduction measures have been in effect, the
North Pacific Fishery Management Council will review such measures to
evaluate their efficacy in preventing further excess harvests and will
recommend that NMFS adjust those measures as necessary to ensure that
the following season's harvest levels do not exceed the GHL.
4. In Sec. 300.65, paragraph (c) is added to read as follows.
Sec. 300.65 Prohibitions.
* * * * *
(c) Any harvest reduction measure issued under Sec. 300.63(f).
[FR Doc. 02-2005 Filed 1-25-02; 8:45 am]
BILLING CODE 3510-22-S