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Pacific Halibut Fisheries; Guided Sport Charter Vessel Fishery for Halibut
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 31, 2007 (Volume 72, Number 249)]
[Proposed Rules]
[Page 74257-74265]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de07-24]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 071031633-7834-01]
RIN 0648-AW23
Pacific Halibut Fisheries; Guided Sport Charter Vessel Fishery for Halibut
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 that would limit the harvest of
Pacific halibut by guided sport charter vessel anglers in International
Pacific Halibut Commission (IPHC) Area 2C of Southeast Alaska to the
guideline harvest level (GHL) for that area under two different
scenarios. First, if the GHL remains unchanged in 2008, a suite of
three management measures are proposed to be added to an existing two-
halibut daily catch and size limit. These management measures include a
prohibition on the harvest of halibut by charter vessel guides,
operators, and crew; a limit on the number of fishing lines that may be
used on a charter vessel of six or the number of charter vessel anglers
onboard, whichever is less; and an annual catch limit of four halibut
per charter vessel angler. Second, if the GHL decreases in 2008, then a
one-halibut daily catch limit is proposed to be substituted for the
existing two-halibut daily catch limit. The prohibition of halibut
harvest by charter vessel guides, operators, and crew, and the 6-line
limit also are proposed under the second scenario. This proposed
regulatory change is necessary to reduce the halibut harvest in the
charter vessel sector to the GHL for Area 2C. The intended effect of
this action is a reduction in the poundage of halibut harvested by the
guided sport charter vessel sector in Area 2C to the GHL while
minimizing adverse impacts on the charter fishery, its sport fishing
clients, the coastal communities that serve as home ports for this
fishery, and on fisheries for other species.
DATES: Comments must be received no later than January 30, 2008.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by ``RIN 0648-
[[Page 74258]]
AW23'' by any one of the following methods:
• Electronic Submissions: Submit all electronic public comments via
the Federal eRulemaking Portal Web site at http://www.regulations.gov.
• Mail: P. O. Box 21668, Juneau, AK 99802.
• Fax: (907) 586-7557.
• Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record and will be
posted to http://www.regulations.gov without change. All Personal
Identifying Information (e.g., name, address) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments. Attachments to electronic
comments must be in Microsoft Word, Excel, WordPerfect, or Adobe
portable document file (pdf) formats to be accepted.
Copies of the Environmental Assessment (EA), Regulatory Impact
Review (RIR), and Initial Regulatory Flexibility Analysis (IRFA)
prepared for this action may be obtained from the North Pacific Fishery
Management Council (Council) at 605 West 4th, Suite 306, Anchorage,
Alaska 99501-2252, 907-271-2809, or the NMFS Alaska Region, P.O. Box
21668, Juneau, Alaska 99802, Attn: Ellen Sebastian, and on the NMFS
Alaska Region Web site at www.noaa.fakr.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
rule may be submitted to NMFS at the above address, and by e-mail to
David_Rostker@omb.eop.gov or by fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Jay Ginter, 907-586-7228,
jay.ginter@noaa.gov, or Julie Scheurer, 907-586-7356,
julie.scheurer@noaa.gov.
SUPPLEMENTARY INFORMATION: The International Pacific Halibut Commission
(IPHC) and NMFS manage fishing for Pacific halibut (Hippoglossus
stenolepis) through regulations established under the authority of the
Northern Pacific Halibut Act of 1982 (Halibut Act). The IPHC
promulgates regulations governing the halibut fishery under the
Convention between the United States and Canada for the Preservation of
the Halibut Fishery of the Northern Pacific Ocean and Bering Sea
(Convention). The IPHC's regulations are subject to approval by the
Secretary of State with concurrence from the Secretary of Commerce
(Secretary). After approval by the Secretaries of State and Commerce,
the IPHC regulations are published in the Federal Register as annual
management measures pursuant to 50 CFR 300.62 (March 14, 2007; 72 FR 11792).
The Halibut Act also provides the Council with authority to
recommend regulations to the Secretary to allocate harvesting
privileges among U.S. fishermen. This process requires the Council to
submit a recommendation to the Secretary as a proposed rule for
publication in the Federal Register along with supporting analyses as
required by other applicable law. The Council has exercised this
authority, most notably in the development of its Individual Fishing
Quota (IFQ) Program, codified at 50 CFR part 679, and subsistence
halibut fishery management measures, codified at 50 CFR 300.65. The
Council also has been developing a regulatory program to manage the
guided sport charter vessel fishery for halibut. The regulatory program
proposed by this action is linked to the overall management of the
halibut fisheries by the IPHC and a previous action by the Council and
NMFS to establish a guideline harvest level (GHL) for managing the
harvest of halibut by the guided sport charter vessel fishery (August
8, 2003; 68 FR 47256).
Management of the Halibut Fisheries
The harvest of halibut occurs in three basic fisheries--the
commercial, sport, and subsistence fisheries. Additional fishing
mortality occurs as bycatch or incidental catch while targeting other
species and wastage of halibut that are caught but cannot be used for
human food.
The IPHC annually determines the amount of halibut that may be
removed from the resource without causing biological conservation
problems on an area-by-area basis in all areas of Convention waters. It
imposes catch limits, however, on only the commercial sector in areas
in and off of Alaska. The IPHC estimates the exploitable biomass of
halibut using a combination of harvest data from the commercial,
recreational, subsistence fisheries, and information collected during
scientific surveys and sampling of bycatch in other fisheries. The
target amount of allowable harvest for a given area is calculated by
multiplying a fixed harvest rate by the estimate of exploitable
biomass. This target level is called the total constant exploitation
yield (CEY) as it represents the target level for total removals (in
net pounds) for that area in the coming year. The IPHC subtracts
estimates of all non-commercial removals (sport, subsistence, bycatch,
and wastage) from the total CEY. The remaining CEY, after the removals
are subtracted, is the maximum catch or ``fishery CEY'' for an area's
directed commercial fixed gear fishery.
This method of determining the commercial fishery's catch limit in
an area results in a decrease in the commercial fishery's use of the
resource as other non-commercial uses increase their proportion of the
total CEY. As conservation of the halibut resource is the overarching
goal of the IPHC, it attempts to include all sources of fishing
mortality of halibut within the total CEY. This method for determining
the limit for the commercial use of halibut has worked well for many
years to conserve the halibut resource, provided that the other non-
commercial uses of the resource have remained relatively stable and
small. Although most of the non-commercial uses of halibut have been
relatively stable, growth in the guided sport charter vessel fishery in
recent years, particularly in Area 2C, has resulted in the guided sport
charter vessel fishery harvesting a larger amount of halibut, thereby
reducing the amount available to the commercial fishery.
Guideline Harvest Level (GHL)
Currently, the Council's only approved management policy in effect
for the charter vessel fisheries is to have separate GHLs for Area 2C
and Area 3A (50 CFR 300.65(c)). The GHLs serve as benchmarks for
monitoring the charter vessel fishery relative to the commercial
fishery and other sources of fishing mortality. The GHLs do not limit
the charter vessel fisheries. Although it is the Council's policy that
the charter vessel fisheries should not exceed the GHLs, no constraints
have been imposed on the charter vessel fisheries for GHLs that have
been exceeded in the past.
The Council has discussed the expansion of the charter vessel
fishery for halibut since 1993. The GHLs were initially adopted by the
Council in 1997 without implementing regulations. The Council stated
its intent to maintain a stable charter vessel fishing season without a
mid-season closure. If a GHL were exceeded, other management measures
would be triggered to take effect in years following attainment of the
GHL. The Council envisioned ``framework'' regulations of increasing
restrictiveness depending on the extent to which a GHL was exceeded.
Proposed framework regulations were published in 2002 (January 28,
2002; 67 FR 3867);
[[Page 74259]]
however, NMFS informed the Council later that year that its framework
regulations could not be implemented as envisioned. Hence, a final rule
establishing the GHLs was published without any restrictive regulations
(August 8, 2003; 68 FR 47256).
The GHLs represent a pre-season specification of acceptable annual
halibut harvests in the charter vessel fisheries in Areas 2C and 3A. To
accommodate some growth in the charter vessel sector while
approximating historical harvest levels, the Council recommended GHLs
based on 125 percent of the average 1995 through 1999 charter vessel
harvest. For Area 2C the GHL was set at 1,432,000 lb (649.5 mt) net
weight, and in Area 3A the GHL was set at 3,650,000 lb (1,655.6 mt) net
weight. When the Council recommended these GHLs, halibut stocks were
considered to be near record high levels of abundance. To accommodate
decreases and subsequent increases in abundance, the Council
recommended a system of step-wise adjustments in each GHL based on a
predetermined uniform measure of stock abundance. The measure used was
the CEY determined annually by the IPHC. Specifically, the Council
linked a step-wise reduction in the GHL in any one year to the decrease
in the CEY as compared to the 1999 through 2000 average CEY. For
example, if the halibut stock in Area 2C were to fall from 15 to 24
percent below its 1999 through 2000 average CEY, then the GHL for Area
2C would be reduced by 15 percent. Conversely, as the CEY increased
from low levels, the GHL also would increase in the same step-wise
manner. However, regardless of how high the CEY may rise above its 1999
through 2000 average, the GHLs were not designed to increase above
their maximum amounts. Since 2003 when the GHLs became effective, they
have never been reduced below their maximum level because declines in
the total CEY have not been sufficient to trigger the first step
reduction of the GHLs.
Recent Harvests of Halibut in Area 2C
In Area 2C, the commercial, sport and subsistence harvest of
halibut over the past 10 years (1997 through 2006) has been estimated
by the IPHC to average about 12.454 million lb (5,649.0 mt) per year.
Of this annual average total removal from the halibut resource, the
commercial fishery accounts for about 76.7 percent, the sport fishery
(guided and unguided combined) account for about 19.1 percent, and the
remaining 4.2 percent may be attributed to subsistence, bycatch, and
wastage combined. Estimates of the subsistence harvest of halibut were
made based on surveys conducted by the Alaska Department of Fish and
Game (ADF&G) during the past three years and average about 600,000 lb
(272.2 mt) per year.
In the most recent three years (2004 through 2006), the annual
average of total halibut removals in Area 2C is 14.142 million lb
(6,414.7 mt) of which the commercial fishery has taken about 73.8
percent, the sport fishery has taken about 20.7 percent, the
subsistence fishery has taken about 4.3 percent, and about 1.2 percent
is attributed to bycatch and wastage. The commercial fishery is the
primary user of the halibut resource in Area 2C followed by the sport
fishery, which together account for almost 95 percent of the total
removals from the halibut resource.
In Area 2C, the sport fishery is comprised of guided fishing on
charter vessels and unguided angling. Residents of Southeast Alaska and
their family and friends are the primary unguided anglers, while non-
resident tourists are the main clients for guided fishing on charter
vessels. The linkage between guided sport fishing and tourism is
apparent from data collected by ADF&G and compiled by IPHC staff. Over
the past 10 years (1997 through 2006), the average guided sport harvest
of halibut has been 1.431 million lb (649.1 mt) per year and the
unguided sport harvest of halibut has amounted to 0.951 million lb
(431.4 mt) per year. Proportionately, the guided charter vessel harvest
to unguided sport harvest has been a ratio of about 60 to 40. The
guided sport harvest has increased in more recent years. Over the past
five years (2002 through 2006), the annual guided sport charter vessel
harvest amounted to an average 63.9 percent of the total sport harvest
of halibut in Area 2C, and in 2005 reached a record 69.8 percent of the
total sport harvest. In response, the Council is considering a
management program to restrict the charter vessel harvest of halibut.
Since their implementation in 2003, the GHLs for Areas 3A and 2C
have been exceeded by the charter vessel halibut harvest in 2004, 2005,
and 2006. In Area 2C, based on ADF&G sport fishing survey data, the
charter vessel harvest in 2003 was one percent under the GHL, but in 2004
and 2005, it was 22 percent and 36 percent over the GHL, respectively.
The total Area 2C harvest of halibut by the sport fishery in 2006
was 2.537 million lb (1,150.8 mt), based on final ADF&G sport harvest
estimates reported in October 2007. Of this amount, the charter fishery
harvested 1.812 million lb (821.9 mt) or 71.4 percent and the unguided
harvest was 0.725 million lb (328.8 mt) or 28.6 percent. Hence, the
charter harvest exceeded its 2006 Area 2C GHL by 380,000 lb (172.4 mt)
or 26.5 percent. This overage is substantially less than ADF&G's
preliminary projection of 2006 charter harvests made in October 2006.
At that time, ADF&G had preliminary projections indicating that the
2006 charter harvest of halibut could be as much as 2.113 million
pounds (958.4 mt) or 47 percent above the Area 2C GHL. The ADF&G
preliminary projections of the overage of the GHL in 2006 produced
responses in 2007 from the Council and the three management agencies
involved: IPHC, NMFS, and ADF&G.
Management Agencies' Response in 2007
At its annual meeting in January 2007, the IPHC adopted a motion to
recommend reducing the daily bag limit for anglers on charter vessels
in Areas 2C and 3A from two halibut to one halibut during certain time
periods. Specifically, for Area 2C, the IPHC recommended that the one-
fish daily bag limit should apply to guided anglers from June 15
through July 30. The IPHC recommended this temporary bag limit
reduction because it believed its management goals were at risk by the
magnitude of the charter halibut harvest in excess of the GHL,
especially in Area 2C. This action was not explicitly designed to
manage the charter fishery to the Council's GHLs but rather to initiate
some control on what appeared to be a constantly increasing charter
vessel harvest. The IPHC took this action reluctantly. It stated that
its preference was for the Council to resolve the allocation issue
between the sport charter and commercial sectors. Moreover, it delayed
the effective date of the reduced bag limit to June 15 to afford the
Secretary time to resolve the issue under U.S. domestic law with
regulations that would achieve ``comparable reductions'' in halibut
harvest by the charter vessel fishery.
In a letter to the IPHC on March 1, 2007, the Secretary of State,
with concurrence from the Secretary, rejected the recommended one-fish
daily bag limit in Areas 2C and 3A, and indicated that appropriate
reduction in the charter vessel harvest in these areas would be
achieved by a combination of ADF&G and NMFS regulatory actions. For
Area 2C, the State of Alaska Commissioner of Fish and Game (hereafter,
State Commissioner) issued an emergency order to prohibit retention of
fish by charter vessel guides and crew members (No. 1-R-02-07). This
emergency order was similar to one issued for 2006. This action was
intended, in conjunction
[[Page 74260]]
with other measures, to reduce the 2007 charter vessel harvest of
halibut to levels comparable to the IPHC-recommended bag limit
reduction which was estimated to range from 397,000 (180.1 mt) pounds
to 432,000 pounds (195.9 mt).
Regulatory action to remedy this problem by June 2007 required the
Secretary, through NMFS, to develop regulations independent of the
Council process. The analysis of alternative restrictions had an
explicit goal of finding the best alternative that would reduce sport
fishing mortality of halibut in the charter vessel sector in Area 2C to
a level comparable to the level that would have been achieved by the
IPHC-recommended regulations and in a manner that would minimize
adverse impacts on the charter fishery, its sport fishing clients, the
coastal communities that serve as home ports for this fishery, and on
fisheries for other species. The preferred alternative selected by NMFS
maintained the traditional two-fish daily bag limit provided that at
least one of the harvested halibut has a head-on length of no more than
32 inches (81.3 cm). If a charter vessel angler retains only one
halibut in a calendar day, that fish may be of any length. Regulations
implementing this partial maximum size limit were published on June 4,
2007 (72 FR 30714).
The Council also was considering management alternatives for the
charter vessel halibut fishery in Area 2C during the first half of
2007. Unlike the IPHC, ADF&G, and NMFS actions, however, the Council's
alternatives were designed specifically to maintain the charter vessel
fishery to its GHL. In June 2007, the Council adopted a preferred
alternative that contained two options. The Council recommended that
the selection between the options depend on whether the CEY decreases
substantially for 2008. As explained above, the GHLs for Area 2C and 3A
are linked to the CEY determined annually by the IPHC as a basis for
setting the commercial fishery catch limits in these areas. A
substantial decrease in the CEY could cause the GHL for Area 2C to
decrease from its current 1.432 million lb (649.5 mt) to 1.217 million
lb (552.0 mt). Not knowing in June 2007 how the GHL may be affected by
IPHC action in January 2008, the Council recommended a suite of charter
vessel fishery restrictions if the GHL remains the same in 2008 (Option
A) and a different, more restrictive, suite of restrictions if the GHL
decreases in 2008 (Option B). This Council recommendation is the basis
for this proposed regulatory action.
The Proposed Action
As recommended by the Council in June 2007, this action proposes
management measures to reduce the charter vessel fishery harvest of
halibut in Area 2C to the GHL under two scenarios--Option A if the GHL
for this area remains the same in 2008, and Option B if the GHL
decreases in 2008. NMFS encourages public comment on all regulatory
options to maximize the ability of NMFS to achieve the intent of the
Council to limit the catch of the guided sport charter vessel fishery
in Area 2C to the GHL while minimizing the adverse impacts on the
charter fishery, its sport fishing clients, the coastal communities
that serve as home ports for this fishery, and on fisheries for other
species. In brief, the specific options recommended by the Council are
as follows:
Option A management measures for the charter vessel halibut fishery
in Area 2C.
• Two fish daily bag limit provided that one fish is no more than 32
inches (81.3 cm) in length (existing regulation at 50 CFR 300.65(d));
• A charter vessel guide, a charter vessel operator, and
crew of a charter vessel must not catch and retain halibut during a
charter fishing trip;
• The number of lines used to fish for halibut must not
exceed six or the number of charter vessel anglers onboard the charter
vessel, whichever is less; and
• The combined number of halibut that may be harvested by a
charter vessel angler in Area 2C during a calendar year must not exceed
four fish.
Option B management measures for the charter vessel halibut fishery
in Area 2C.
• The number of halibut caught and retained by each charter
vessel angler in Area 2C is limited to no more than one halibut per
calendar day;
• A charter vessel guide, a charter vessel operator, and
crew of a charter vessel must not catch and retain halibut during a
charter fishing trip; and
• The number of lines used to fish for halibut must not
exceed six or the number of charter vessel anglers onboard the charter
vessel, whichever is less.
Option A Management Measures
The following management measures were recommended by the Council
if the GHL remains unchanged in 2008. If implemented, the proposed
regulations would remain in effect until changed by a new Federal
regulatory action.
Daily bag and maximum size limit. The existing regulation (at 50
CFR 300.65(d)) in effect since June 1, 2007 (72 FR 30714, June 4,
2007), reads as follows:
In Commission Regulatory Area 2C, halibut harvest on a charter
vessel is limited to no more than two halibut per person per
calendar day provided that at least one of the harvested halibut has
a head-on length of no more than 32 inches (81.3 cm). If a person
sport fishing on a charter vessel in Area 2C retains only one
halibut in a calendar day, that halibut may be of any length.
Before June 1, 2007, the daily catch limit applicable to charter
vessel anglers was the same as that which applies to all sport fishing
for halibut in Alaska, which is two halibut of any size per person.
This two-fish daily bag limit for sport fishermen is an IPHC regulation
(section 25(2)(b) at 72 FR 11801; March 14, 2007) first imposed in
1975. The NMFS regulation in June 2007 simply supplemented the
traditional two-fish bag limit with the additional requirement that one
of the two fish must be no more than 32 inches (81.3 cm) in length. If
only one halibut is retained, it may be of any length.
No substantive change in this requirement is proposed by Option A.
Minor changes in the text are proposed, however, due to other changes
proposed in this action. Specifically, Sec. 300.65(d) would have a new
heading that would move the text currently at Sec. 300.65(d) to Sec.
300.65(d)(1), and that would have a new heading specifying ``daily bag
limit in Area 2C.'' As a result, the existing introductory phrase, ``In
Commission Regulatory Area 2C'' would be removed as redundant. In
addition, the second sentence of the paragraph would be changed by
substituting the phrase, ``If a charter vessel angler'' for the
existing phrase ``If a person sport fishing on a charter vessel in Area
2C.'' This change is proposed because a new definition of ``charter
vessel angler'' is proposed and reiterating ``in Area 2C'' is
unnecessary due to the new paragraph heading that already makes clear
the geographic application of the regulation.
No harvest by skipper and crew. A new Federal restriction is
proposed prohibiting the harvest of halibut by the charter vessel
guide, the charter vessel operator, and the charter vessel crew during
a charter vessel fishing trip. The language of the Council's motion
adopting this recommendation reads, ``no harvest by skipper and crew
when clients are on board the charter vessel.'' Although a sport
fishing guide on a charter vessel in Area 2C is likely to be the same
person as the ``skipper,'' captain, or operator of the vessel, in some
cases the skipper and guide could be different persons. Hence, this
proposed rule makes clear the Council's
[[Page 74261]]
intent of applying this restriction to all persons-guide, skipper or
operator, and crew-involved with the delivery of onboard services to
the charter vessel angler.
The proposed regulation deviates from the Council's adopted motion
language also in that the phrase ``when clients are on board'' is not
used in the proposed regulation. Instead, the proposed regulation would
limit the skipper and crew harvesting prohibition to a charter vessel
fishing trip. A new definition is proposed in this action for ``charter
vessel fishing trip'' which describes the period from the first
deployment of fishing gear from a charter vessel until the offloading
of any charter vessel angler or halibut. Also, an existing definition
of ``charter vessel'' (at Sec. 300.61) describes such a vessel as one
``used for hire in sport fishing for halibut, but not including a
vessel without a hired operator.'' Hence, the effect of the proposed
regulation would be the same as that intended by the Council, which is
to prohibit retention of halibut caught by the guide, skipper, and crew
on a charter vessel, but not to impose this restriction when no clients
or charter vessel anglers are onboard. A vessel without clients or
paying anglers onboard is, by definition, not a charter vessel.
Therefore, guides, skippers, and crew would not be prevented from sport
fishing for halibut for themselves when they are not on a charter
vessel fishing trip.
The Council recommended this restriction to make it more specific
to halibut harvest on charter vessels in Area 2C. As discussed above,
the State Commissioner's emergency order prohibiting the retention of
all fish by the skipper and crew of a charter vessel in Area 2C was
implemented in 2007. The State Commissioner could not make his
emergency order apply only to halibut because he has no authority under
the Halibut Act to directly regulate halibut fishing. A comprehensive
application of the emergency order to all fish effectively prevented
charter vessel skippers and crews from harvest of salmon, rockfish,
lingcod, and other species. Charter vessel operators requested relief
from this comprehensive prohibition on skipper and crew harvests by
having a Federal prohibition on skipper and crew harvest apply only to
halibut. Assuming that the State Commissioner does not reissue his
earlier emergency order for other reasons, this action would relieve
charter vessel skippers and crew from the more comprehensive
prohibition against retention of all fish on charter vessels but would
impose this prohibition on the retention of halibut.
The Council's original analysis of alternatives, prepared for its
meeting in June 2007, indicated that the daily bag/maximum size limit
and prohibition on skipper/crew harvest of halibut together would
reduce the charter vessel harvest in Area 2C to 115 percent to 106
percent of the GHL (Table 15 in EA/RIR/IRFA, see ADDRESSES). The fact
that these management measures would fall short of achieving the GHL is
not surprising as they were designed by NMFS and ADF&G and implemented
in 2007 for a different purpose-not to achieve the GHL, but instead to
reduce charter vessel halibut harvests to a comparable extent to what
would have been realized under the IPHC recommendation.
In October 2007, ADF&G published its final estimate of charter
vessel harvests in Area 2C. This final estimate indicated fewer halibut
were being harvested by the charter vessel sector in 2006 than had been
preliminarily estimated by ADF&G a year earlier. In fact, the revised
ADF&G estimate for 2006 showed the first decrease in the growth of
halibut pounds harvested by charter vessels since 1999. The agency's
preliminary estimate of the 2006 charter vessel halibut harvest in Area
2C in October 2006 of 2.113 million lb (958.4 mt) was reduced in its
final estimate in October 2007 to 1.812 million lb (821.9 mt). The
Council staff subsequently reviewed its analysis in light of these new
harvest data for 2006 and submitted a supplement to the EA/RIR/IRFA
(Appendix IV to the EA/RIR/IRFA, see ADDRESSES). The supplement revises
Table 15 (Table A4-1 in Appendix IV). This table estimates the impact
of each management option under the action alternative on the total
amount of halibut harvested by the sport charter vessel fishery in 2006
relative to the current GHL if that management option had been in place
in 2006. The revised analysis indicates that the daily bag/maximum size
limit and prohibition on skipper/crew harvest of halibut together would
reduce the charter vessel harvest in Area 2C to a range of 101 percent
to 93 percent of the GHL. By weight, this expected harvest would be in
the range of 1.448 million lb (656.8 mt) to 1.333 million lb (604.6
mt). This range would bracket the current GHL in Area 2C which is 1.432
million lb (649.5 mt). It is important to note that although the daily
bag/maximum size limit and prohibition on skipper/crew harvest of
halibut together would appear from the analysis to achieve the GHL, the
analysis does not account for possible changes in fishing effort
between 2006 and 2008.
When ADF&G presented its final estimate of the 2006 charter vessel
harvest to the Council in October 2007, the Council decided not to
reconsider its June 2007 recommendation which this action proposes to
implement with Federal regulations. However, NMFS is particularly
interested in public comment on these proposed regulations in light of
the new final estimate of 2006 harvests of halibut by the charter
vessel sector and the revised analysis of the potential effect of the
proposed management measures, as indicated in the above paragraph. The
intent of particularly soliciting public comment on this and other
specific issues in this action is to maximize the ability of NMFS to
achieve the intent of the Council to limit the catch of the guided
sport charter vessel fishery in Area 2C to the GHL while minimizing the
adverse impacts on the charter fishery, its sport fishing clients, the
coastal communities that serve as home ports for this fishery, and on
fisheries for other species. Based on public comment, and to achieve
the intent of the Council and minimize adverse impacts, NMFS may
implement either Option A or Option B in their entirety, or some
portion of either option.
Line limits. A new Federal restriction is proposed that would limit
the number of lines that could be fished from a charter vessel to six
or the number of charter vessel anglers onboard the charter vessel,
whichever is less. The existing IPHC gear limitation for a person sport
fishing for halibut is a single line with no more than two hooks
attached, or a spear (section 25(1) at 72 FR 11801). Hence, this
restriction would prevent more than six charter vessel anglers on a
vessel from fishing at the same time. This restriction is not viewed as
onerous, however, because the charter vessels and charter vessel
skippers in Southeast Alaska (Area 2C) typically are licensed by the
U.S. Coast Guard to carry no more than six passengers. In addition,
existing State of Alaska regulations (at 5 AAC 47.030(b)) limit the
number of lines fished from a charter vessel generally to the number of
clients onboard the vessel. A six-line limit has been in Alaska
regulations since 1983, and limiting the number of lines fished to the
number of clients onboard has been a requirement since 1997. The
proposed line limits would reflect the existing Alaska regulations in
Federal regulations specifically for halibut fishing.
Annual catch limit. The proposed annual catch limit of four halibut
would impose a new restriction on each charter vessel angler in Area 2C
of two daily bag limits of halibut per year. A sport fishing guide or
charter vessel operator also would be responsible to know how
[[Page 74262]]
many halibut each of his clients had previously harvested on a charter
vessel that year and limit a charter vessel angler's harvest if
necessary. For example, if a charter vessel angler arrives for a
charter vessel fishing trip, the charter vessel guide would be
required, before the trip begins, to record the number of halibut
caught and retained year-to-date by each angler on the charter vessel
(see discussion of recordkeeping and reporting below). A charter vessel
angler who begins the trip with three halibut already harvested that
year would be limited to only one additional halibut regardless of the
two halibut daily bag limit.
No exceptions are proposed for this annual catch limit. This
restriction would apply equally to youth anglers under 16 years of age
who are not required to have an Alaska sport fishing license, anglers
who are over 60 years of age, and anglers who are disabled veterans,
both of which may have special Alaska sport fishing licenses. The
proposed annual catch limit, however, would apply only to charter
vessel anglers. Halibut harvested by non-guided sport fishermen would
not count toward the proposed four-fish annual catch limit. Likewise, a
charter vessel angler who has harvested her annual catch limit would be
allowed to continue sport fishing for halibut as a non-guided angler
subject to the existing two-halibut per day catch limit.
The analysis indicates that the proposed annual catch limit would
reduce the charter vessel harvest by an estimated 0.335 million lb
(151.9 mt). In conjunction with the other management measures under
Option A, the anticipated effect of this restriction would be a
reduction in total charter vessel harvests in Area 2C to a range of 84
percent to 78 percent of the current GHL (Table A4-1 of Appendix IV of
the EA/RIR/IRFA). In terms of weight, the supplement to the analysis
predicts (based on 2006 data) a charter vessel halibut harvest in Area
2C of between 1.208 million lb (547.9 mt) and 1.111 million lb (503.9
mt). Harvests in this range would be less than the current GHL in Area
2C, which is 1.432 million lb (649.5 mt).
The Council considered but did not recommend more liberal annual
catch limits of five halibut and six halibut which would allow a total
charter vessel harvest in Area 2C closer to the GHL. According to the
supplement of the analysis, the predicted harvest under the Option A
management measures using a six-halibut annual catch limit instead of a
four-halibut annual catch limit would range from 1.386 million lb
(628.7 mt) to 1.276 million lb (578.8 mt), and using a five-halibut
annual catch limit instead of a four-halibut annual catch limit would
range from 1.313 million lb (595.6 mt) to 1.209 million lb (548.4 mt).
NMFS is particularly interested in public comment on these annual catch
limits (6, 5, and 4 halibut) given the new final estimate of 2006
charter vessel harvest. The intent of particularly soliciting public
comment on this and other specific issues in this action is to maximize
the ability of NMFS to achieve the intent of the Council to limit the
catch of the guided sport charter vessel fishery in Area 2C to the GHL
while minimizing the adverse impacts on the charter fishery, its sport
fishing clients, the coastal communities that serve as home ports for
this fishery, and on fisheries for other species. Based on public
comment, and to achieve the intent of the Council and minimize adverse
impacts, NMFS may implement an annual catch limit of 6, 5, or 4
halibut, or no annual limit.
Recordkeeping and reporting. The Area 2C annual catch limit for
charter vessel anglers proposed under Option A would require new
recordkeeping and reporting requirements for charter vessel anglers and
guides. This information collection is necessary to monitor and enforce
the area specific annual catch limit. Charter vessel guides and anglers
are individually and collectively responsible for the accuracy and
completeness of recorded information on halibut caught and retained.
The Council, NMFS, and ADF&G stressed the importance of minimizing
reporting burden on the charter vessel industry and developed a
proposed information collection program that allows for the recording
of necessary information in the existing ADF&G Saltwater Sport Fishing
Charter Trip Logbook and on existing State of Alaska sport fishing
licenses or catch cards.
Each charter vessel angler would be required to record on the back
of his or her State of Alaska Sport Fishing License or catch card the
date and number of halibut caught and retained in Area 2C. This
information is necessary to monitor retained catch relative to the
annual catch limit and to provide information to a charter vessel guide
on the number of halibut retained to date during a calendar year so
that the angler's annual catch limit is not exceeded during a charter
vessel fishing trip. Each angler who retains halibut catch from Area 2C
would be required to retain his or her license or catch card for a
period of three years from the date of the latest Area 2C halibut
entry. Maintenance of these records is necessary in the event that NMFS
Enforcement needs to verify the number of retained halibut catch
recorded by the angler or compare an angler's record of retained
halibut with the number of retained halibut in Area 2C as recorded by
charter vessel guides for that angler in the ADF&G Saltwater Sport
Fishing Charter Trip Logbook.
Information recorded in the ADF&G Saltwater Sport Fishing Charter
Trip Logbook on the number of halibut caught and retained in Area 2C by
each charter vessel angler would be used by NMFS to monitor and enforce
the annual catch limit. Specific logbook information requirements are
summarized below for charter vessel guides and anglers.
Information Recorded in the ADF&G Saltwater Sport Fishing Charter Trip
Logbook
------------------------------------------------------------------------
Who records the What information is Purpose of information
information? recorded? collection
------------------------------------------------------------------------
Charter vessel guide... Sport fish charter To provide the
business license identity of the
number issued by ADF&G charter vessel
to a person that owns business owner and
or employs the charter guide who are
vessel. mutually and
The charter vessel severally responsible
guide license number for accurate
issued by ADF&G to the recordkeeping and
guide that led the reporting of charter
fishing trip. vessel angler harvest
of halibut in Area
2C.
IPHC regulatory area To verify that charter
fished--circle either vessel fishing did or
regulatory area 2C or did not occur in Area
3A where halibut were 2C where an annual
caught and retained. catch applies. The
Separate logbook catch and retention
sheets must be of halibut in Area 2C
completed if both triggers additional
areas were fished recordkeeping and
during the same reporting
charter vessel fishing requirements.
trip.
Angler sport fishing To record the identity
license number and of charter vessel
printed name; the anglers subject to
printed name and date the annual catch
of birth is recorded limit.
for each youth angler
under 16 years of age.
[[Page 74263]]
From each angler's To provide the charter
ADF&G sport fishing vessel guide
license or catch card, information on the
the total number of number of halibut
halibut caught and each angler is
retained in the allowed to retain
current year-to-date during the fishing
aboard a charter trip so that halibut
vessel in Area 2C. are not retained in
excess of each
angler's annual catch
limit.
The total number of This information
halibut caught and currently is required
retained in Area 2C by ADF&G to estimate
aboard a charter sport fish harvest of
vessel during the halibut and the
current year-to-date proposed Federal
from each charter requirement will be
vessel angler's sport used to monitor
fishing license or angler-specific
catch card. compliance with the
annual catch limit.
Signature of the Guide's
charter vessel guide. acknowledgement that
the recorded
information is
correct.
Charter vessel angler.. Signature of the Angler's
charter vessel angler. acknowledgement that
his or her Area 2C
halibut retention
information is
correctly recorded.
------------------------------------------------------------------------
The ADF&G Saltwater Sport Fishing Charter Trip Logbook data sheets
would be required to be submitted to the appropriate ADF&G office and
according to the time schedule described in the instructions at the
beginning of the logbook.
Option B Management Measures
The following management measures were recommended by the Council
if the GHL decreases in Area 2C in 2008 to 1.217 million lb (552.0 mt).
If implemented, the proposed regulations would remain in effect until
changed by a new Federal regulatory action.
One-fish daily bag limit. This restriction would substitute a daily
catch limit for a charter vessel angler of one halibut per day of any
size for the existing daily catch limit of two halibut per day
providing one of the two fish is no longer than 32 inches (81.3 cm).
This restriction would be more onerous than the management measures
described above under Option A. The Council reasoned that this more
restrictive action would be necessary if the GHL in Area 2C were to
decrease in 2008 to 1.217 million lb (552.0 mt). In conjunction with
the proposed restrictions on harvest by skipper and crew and line
limits, the Option B management measures are estimated to reduce the
charter vessel harvest to a range of 76 percent to 53 percent of the
current Area 2C GHL, or to a range of 63 to 89 percent of the reduced
GHL. By weight, the estimated effect of the Option B management
measures would be to allow a charter vessel harvest of from 1.089
million lb (494.0 mt) to 0.762 million lb (345.6 mt).
No harvest by skipper and crew. This restriction would be the same
as that described above under Option A.
Line limits. This restriction would be the same as that described
above under Option A.
Classification
An Initial Regulatory Flexibility Analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act. The IRFA
describes the economic impact that this proposed rule, if adopted,
would have on directly regulated small entities. A copy of this
analysis and its updated supplement are available from NMFS (see
ADDRESSES). A description of this action, why it is being considered,
and the legal basis for this action are discussed above. The proposed
action would implement one of two management options--Option A or
Option B, or portions thereof, as described above--for the charter
vessel halibut fishery in Area 2C. A summary of the analysis follows.
In 2006, 696 vessels operated as charter vessels in Area 2C. All of
these operations are believed to be small entities, with annual gross
revenues of less than the limit of $6.5 million dollars for charter
vessels. The largest companies involved in the fishery, lodges or
resorts that offer accommodations as well as an assortment of visitor
activities, may be large entities under the Small Business
Administration size standard. Key informant interviews have indicated
that the absolute largest of these companies may gross more than $6.5
million per year, but that it was also possible for all of the entities
involved in the charter vessel halibut of harvest to have grossed less
than this amount. The number of small entities is likely to be
overestimated because of the limited information on vessel ownership
and operator revenues. However, it is likely that nearly all entities
qualify as small businesses.
The demand for sport fishing on charter vessels depends on a number
of factors including the number of halibut a charter vessel angler may
catch and retain in a year or in a day. The proposed annual catch limit
on charter vessel anglers under Option A may reduce demand for trips
that target halibut. An annual catch limit may reduce the demand for
multi-day trips and affect remote fishing lodges more than day-trip
operators. Other species of bottom fish and salmon also are targeted by
charter vessels. Some charter vessel operators also may have non-
fishing business taking passengers for whale watching, bird watching or
general sightseeing trips. A larger effect on the demand for charter
vessel fishing trips may be experienced under reduced GHL, which would
impose a one-halibut daily catch limit under Option B. The current
daily catch limit is two halibut per day providing one of the fish is
no more than 32 inches (81.3 cm) in length.
Prohibiting the harvest of halibut by charter vessel guides and
crew may reduce the their overall compensation because the ability to
harvest fish while working is sometimes considered part of their
compensation. As discussed above, the State Commissioner has issued an
emergency order in recent years to prohibit retention of fish by
charter vessel guides and crew members (No. 1-R-02-07). This emergency
order was comprehensive in that all fish were covered by the emergency
order, and not just halibut. A Federal prohibition on charter vessel
guide and crew harvest of halibut in Area 2C would be specific to
halibut and therefore would be less restrictive and have less of an
economic impact than has been experienced under the current State of
Alaska emergency order.
Little information is available on charter vessel operations or on
how charter vessel anglers and operators may respond to proposed
changes. It is not possible to predict quantitatively the impact on
gross or net revenues, or on entry or exit from the industry. This
proposed action is expected to reduce the amount of halibut harvested by
[[Page 74264]]
charter vessels relative to what they have harvested in recent years.
The regulatory burden is expected to be highest for the smallest firms,
those involved in multiple trips per day, those who offer multiday
packages, and those who are unable to target species other than
halibut. These operators may face reduced profits or losses. Key
informant interviews indicated that profit margins in the industry are
small for some operators and that the proposed management options could
reduce or eliminate those margins and force some operators out of business.
NMFS has examined two alternatives to this action: the no-action or
status quo alternative, and the action alternative. Alternative 1, the
status quo, would retain the two-fish bag limit with one of the two
fish less than or equal to 32 inches (83.1 cm) in length, without
changes. Alternative 2, the action alternative, considered 13 options
for different combinations of management measures to restrict the
charter halibut harvest to the Area 2C GHL. The options included
limiting vessels to one trip per day; restricting harvest by guide and
crew while clients are onboard; limiting the number of lines to six per
vessel, not to exceed the number of paying clients onboard; daily bag
limits of one or two fish (including sub-options for size limit slots
and specific months when the bag limit would apply); and annual harvest
limits of four, five, or six fish per charter angler. Two preferred
options (Option A and Option B) were selected by considering different
combinations of management measures that would minimize the impacts on
small entities while still meeting the management objective of
restricting the charter vessel harvest of halibut to the GHL.
This proposed rule has been determined to be not significant for
the purposes of Executive Order (E.O.) 12866.
This proposed rule complies with the Halibut Act and the
Secretary's authority to implement allocation measures for the
management of the halibut fishery.
This proposed rule contains a collection-of-information requirement
subject to review and approval by OMB under the Paperwork Reduction Act
(PRA). This requirement has been submitted to OMB for approval. The
public reporting burden for charter vessel guide respondents to fill
out and submit logbook data sheets is estimated to average five minutes
per response. The public reporting burden for charter vessel anglers to
sign the logbook, record the number of halibut caught and retained in
Area 2C on an Alaska Sport Fishing License or catch card, and retain
that document is estimated to average 2 minutes per response. These
estimates include the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection-of-information.
Public comment is sought regarding whether this proposed collection
of information is necessary for the proper performance of the functions
of the agency, including whether the information shall have practical
utility; the accuracy of the burden estimate; ways to enhance the
quality, utility, and clarity of the information to be collected; and
ways to minimize the burden of the collection of information, including
through the use of automated collection techniques or other forms of
information technology. Send comments on these or any other aspects of
the collection of information to NMFS Alaska Region (see ADDRESSES) and
by e-mail to David_Rostker@omb.eop.gov or fax to (202) 395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to 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.
This proposed action is consistent with E.O. 12962 which directs
Federal agencies to improve the quantity, function, sustainable
productivity, and distribution of aquatic resources for increased
recreational fishing opportunities ``to the extent permitted by law and
where practicable.'' This E.O. does not diminish NMFS's responsibility
to address allocation issues, nor does it require NMFS or the Council
to limit their ability to manage recreational fisheries. E.O. 12962
provides guidance to NMFS to improve the potential productivity of
aquatic resources for recreational fisheries. This proposed rule does
not diminish that productivity or countermand the intent of E.O. 12962.
List of Subjects in 50 CFR Part 300
Fisheries, Fishing, Reporting and recordkeeping requirements, Treaties.
Dated: December 21, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 300 as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
1. The authority citation for 50 CFR part 300, subpart E, continues
to read as follows:
Authority: 16 U.S.C. 773-773k.
Subpart E--[Amended]
2. In Sec. 300.61, add definitions for ``Area 3A'', ``Charter
vessel angler'', ``Charter vessel fishing trip'', and ``Charter vessel
guide'' in alphabetical order to read as follows:
Sec. 300.61 Definitions.
* * * * *
Area 3A means all waters between Area 2C and a line extending from
the most northerly point on Cape Aklek (57[deg]41[min]15[sec] N.
latitude, 155[deg]35[min]00[sec] W. longitude) to Cape Ikolik
(57[deg]17[min]17[sec] N. latitude, 154[deg]47[min]18[sec] W.
longitude), then along the Kodiak Island coastline to Cape Trinity
(56[deg]44[min]50[sec] N. latitude, 154[deg]08[min]44[sec] W.
longitude), then 140[deg] true.
* * * * *
Charter vessel angler means a person, paying or nonpaying, using
the services of a charter vessel guide.
Charter vessel fishing trip means the time period between the first
deployment of fishing gear into the water from a charter vessel and
offloading one or more charter vessel anglers or any halibut from the
charter vessel.
Charter vessel guide means a person who has been issued an annual
guide license by the Alaska Department of Fish and Game.
* * * * *
3. In Sec. 300.65, revise paragraph (d) to read as follows:
Sec. 300.65 Catch sharing plan and domestic management measures in
waters in and off Alaska.
OPTION A
* * * * *
(d) Guideline harvest level management measures--(1) Daily bag
limit in Area 2C. Halibut harvest on a charter vessel is limited to no
more than two halibut per person per calendar day provided that at
least one of the harvested halibut has a head-on length of no more than
32 inches (81.3 cm). If a charter vessel angler retains only one
halibut in a calendar day, that halibut may be of any length.
(2) Charter vessel guide and crew restriction in Area 2C. A charter
vessel guide, a charter vessel operator, and crew of a charter vessel
must not catch and retain halibut during a charter vessel fishing trip.
[[Page 74265]]
(3) Line limit in Area 2C. The number of lines used to fish for
halibut must not exceed six or the number of charter vessel anglers
onboard the charter vessel, whichever is less.
(4) Annual limit in Area 2C. The combined number of halibut that
may be harvested by a charter vessel angler in Area 2C during a
calendar year must not exceed four fish.
(5) Recordkeeping and reporting requirements in Area 2C. The
following information must be recorded by charter vessel anglers and
charter vessel guides for each charter vessel fishing trip in Area 2C:
(i) Charter vessel angler requirements--(A) State of Alaska Sport
Fishing License. Each charter vessel angler, including a youth angler
under 16 years of age and an angler over 60 years of age, who retains
halibut caught in Area 2C must record on the back of his or her State
of Alaska Sport Fishing License or catch card the date and number of
halibut caught and retained in Area 2C.
(B) Retention requirements. A State of Alaska Sport Fishing License
or catch card with a record of halibut caught and retained in Area 2C
must be retained by the individual named on the license or catch card for
a period of three years from the date of the latest Area 2C halibut entry.
(C) Angler signature. At the end of a charter fishing trip, each
charter vessel angler who retains halibut caught in Area 2C must
acknowledge that his or her information and the number of halibut kept
are recorded correctly by signing the back of 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 on the
front of the logbook data sheet.
(ii) Charter vessel guide requirements. For each charter vessel
fishing trip in Area 2C, the charter vessel guide leading the charter
vessel fishing trip is required to record the following information in
the Alaska Department of Fish and Game Saltwater Sport Fishing Charter
Trip Logbook:
(A) Business owner license number. The sport fish charter business
license number issued by the Alaska Department of Fish and Game to a
person who owns or employs the charter vessel.
(B) Guide license number. The charter vessel guide license number
issued by the Alaska Department of Fish and Game to the charter vessel
guide that led the fishing trip and certified the logbook data sheet.
(C) Date. Month and day for each charter vessel fishing trip taken.
A separate logbook data sheet is required for each charter vessel
fishing trip if two or more trips were taken on the same day. A
separate logbook data sheet is required for each calendar day that
halibut are caught and kept during a multi-day trip.
(D) Regulatory area fished. Circle the regulatory area (Area 2C or
Area 3A) where halibut were caught and kept during each charter vessel
fishing trip. If halibut were caught and retained in Area 2C and Area
3A during the same charter vessel fishing trip, then a separate logbook
data sheet must be used to record halibut caught and retained for each
regulatory area.
(E) Angler sport fishing license number and printed name. Before a
charter vessel fishing trip begins, record for each charter vessel
angler the Alaska Sport Fishing License number for the current year,
resident permanent license number, or disabled veteran license number,
and print the name of each paying and nonpaying charter vessel angler
onboard that will fish for halibut. Record the name and date of birth
of each youth angler under 16 years of age.
(F) Year-to-date halibut caught. Before a charter vessel fishing
trip begins, record the total number of halibut caught and retained in
the current year to date aboard a charter vessel in Area 2C for each
charter vessel angler from his or her sport fishing license or catch card.
(G) Number of halibut retained. For each charter vessel angler,
record the number of halibut caught and retained during the charter
vessel fishing trip.
(H) Signature. At the end of a charter vessel fishing trip,
acknowledge that the recorded information is correct by signing the
logbook data sheet.
(I) Angler signature. Charter vessel guide is responsible for
ensuring that anglers comply with the signature requirements at Sec.
300.65(d)(5)(i)(C).
(6) Recordkeeping and reporting requirements in Area 3A. For each
charter vessel fishing trip in Area 3A, the charter vessel guide
leading the charter vessel fishing trip is required to record the
regulatory area (Area 2C or Area 3A) where halibut were caught and kept
by circling the appropriate area in the Alaska Department of Fish and
Game Saltwater Sport Fishing Charter Trip Logbook. If halibut were
caught and retained in Area 2C and Area 3A during the same charter
vessel fishing trip, then a separate logbook data sheet must be used to
record halibut caught and retained for each regulatory area.
(7) Logbook submission. Alaska Department of Fish and Game
Saltwater Sport Fishing Charter Trip Logbook data sheets must be
submitted to the appropriate Alaska Department of Fish and Game office
according to the time schedule printed in the instructions at the
beginning of the logbook.
* * * * *
OPTION B
* * * * *
(d) Charter vessels in Area 2C--(1) Daily bag limit. The number of
halibut caught and retained by each charter vessel angler in Area 2C is
limited to no more than one halibut per calendar day.
(2) Charter vessel guide and crew restriction. A charter vessel
guide, a charter vessel operator, and crew of a charter vessel must not
catch and retain halibut during a charter fishing trip.
(3) Line limit. The number of lines used to fish for halibut must
not exceed six or the number of charter vessel anglers onboard the
charter vessel, whichever is less.
* * * * *
4. In Sec. 300.66, add paragraphs (n), (o), and (p) to read as follows:
Sec. 300.66 Prohibitions.
* * * * *
(n) Exceed any of the harvest or gear limitations specified at
Sec. 300.65(d).
(o) Fail to comply with the requirements at Sec. 300.65(d).
(p) Fail to submit or submit inaccurate information on any report,
license, catch card, application or statement required under Sec. 300.65.
[FR Doc. E7-25407 Filed 12-28-07; 8:45 am]
BILLING CODE 3510-22-P