charter halibut ss 4-4-08

SUPPORTING STATEMENT
HARVEST OF PACIFIC HALIBUT BY GUIDED SPORT CHARTER
VESSEL ANGLERS OFF ALASKA
OMB CONTROL NO.: 0648-(0575)
INTRODUCTION
Regulations governing the U.S. fisheries for Pacific halibut are developed by: (1) the
International Pacific Halibut Commission (IPHC), established by a convention between the U.S.
and Canada, (2) the Pacific Fishery Management Council, (3) the North Pacific Fishery
Management Council (Council), and (4) the Secretary of Commerce. Section 5 of the Northern
Pacific Halibut Act of 1982 (Halibut Act, 16 U.S.C. 773c) allows the regional council having
authority for a particular geographical area to develop regulations governing the allocation and
catch of halibut in U.S. Convention waters* as long as those regulations do not conflict with
IPHC regulations. The new regulations are consistent with the Council’s authority to allocate
halibut catches among fishery participants in the waters in and off Alaska.
In June 2007, the Council proposed management measures to maintain the harvest of Pacific
halibut by guided sport charter vessel anglers in Regulatory Area 2C of Southeast Alaska (see
Figures 15a and 15b) to a specified guideline harvest level (GHL). The GHL serves as a
benchmark for monitoring the charter vessel fishery relative to the commercial fishery and other
sources of fishing mortality and does not limit the charter vessel fishery. The GHL is based on
125 percent of the average of the 1995 through 1999 charter vessel harvests. In recent years, for
Area 2C the GHL has been set at 1,432,000 lb (649.5 mt) net weight. Each year from 1999
through 2005, the charter vessel sector in Area 2C has harvested more halibut than the year
before. During 2004 through 2006 the average annual charter vessel sector harvest has been
1,838,000 lb (833.7 mt) or about 406,000 lb (184.2 mt) above the GHL. This overage has
created management concerns within the IPHC and allocation issues between the commercial
and recreational halibut fisheries that led to new management measures.
This action is a revised request for approval of a new collection-of-information with the
informally assigned OMB Control Number of 0648-0575. Regulations to implement this
collection will be established at 50 CFR part 300, subpart E.
A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
As noted in the Introduction above, the average annual charter vessel sector harvest has been
about 406,000 lb (184.2 mt) above the GHL. This overage has created management concerns
within the IPHC and allocation issues between the commercial and recreational halibut fisheries,
leading to the development of new regulations. This information collection is necessary to
monitor and enforce the area-specific daily catch limit imposed by the new regulations. The
daily catch limit is expected to reduce the charter vessel harvest below the 2008 GHL.
*Convention waters are defined as the waters off the west coasts of Canada and the U.S. within the respective
maritime areas in which either party exercises exclusive jurisdiction.

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This Supporting Statement revises the originally submitted Supporting Statement. The proposed
rule for this action was written with two options, the choice of which depended upon the GHL
set by the IPHC and Council in January 2008. The National Marine Fisheries Service (NMFS)
needed to publish the proposed rule with the two options before the 2008 GHL was set to enact
the rule in time for the 2008 guided charter halibut vessel fishing season. Option A, the preferred
alternative if the GHL remained at the 2007 level, would implement an annual catch limit of
halibut. Option B, the preferred alternative if the GHL was reduced, would implement a one-fish
daily bag limit of halibut in Area 2C. Implementation of an annual limit (Option A) would have
required more extensive collection-of-information requirements than Option B. The 2008 GHL
was substantially reduced from the 2007 GHL, thus Option B was selected as the preferred
alternative.
The original Supporting Statement contained the full list of possible recordkeeping and reporting
requirements, some of which are no longer necessary. Because no annual limit of halibut is being
implemented, NMFS has removed from the final rule the proposed requirements that anglers
record the number of halibut caught and retained in Area 2C on the back of their State of Alaska
Department of Fish & Game (ADF&G) licenses, and that they retain their licenses for three
years. To enforce an annual catch limit, NMFS proposed requiring that charter vessel guides
record in the ADF&G logbook the number of halibut caught year-to-date as recorded on the back
of the angler’s license. This requirement is not needed because no annual catch limit is being
implemented. NMFS proposed requiring that youth names and birth dates be recorded in the
ADF&G logbook to better track and enforce an annual catch limit. Because no annual catch limit
is being implemented, the date of birth for youth anglers will not be required in Federal
regulations.
NMFS received public comments to the proposed rule regarding the burden of the proposed
Option A recordkeeping and reporting requirements for enforcement of the proposed annual
catch limit. However, because Option A was not selected, no further changes beyond those
listed above needed to be made to the proposed requirements in response to those comments.
In summary, this revised Supporting Statement describes fewer recordkeeping and reporting
requirements and relieves the collection-of-information burden relative to the original
Supporting Statement.
The Council, NMFS, and ADF&G stressed the importance of minimizing the reporting burden
on the charter vessel industry and developed an information collection program that would allow
for the recording of the necessary information in the existing ADF&G logbook and on existing
fishing licenses or catch cards. Use of the information recorded in the ADF&G logbook and on
fishing licenses under this action is coordinated between NMFS and ADF&G.
2. Explain how, by whom, how frequently, and for what purpose the information will be
used. If the information collected will be disseminated to the public or used to support
information that will be disseminated to the public, then explain how the collection
complies with all applicable Information Quality Guidelines.
NMFS and ADF&G coordinated closely in the development of this information collection to use
the existing ADF&G logbook to record information necessary for the monitoring and

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enforcement of the charter halibut harvest in Area 2C. The new logbook
information that the charter vessel guide would be required to provide under this action is
reduced from four items to two, and includes:
(1)

the regulatory area in which halibut were caught and kept during the fishing trip, and

(2)

the printed name of each charter vessel angler.

As currently required by the State, the charter vessel guide also would be required to provide
under this action:
(1)

the business license number issued by ADF&G,

(2)

the charter vessel guide license number issued by ADF&G,

(3)

the date the charter vessel fishing trip was taken,

(4)

the Alaska Sport Fishing License number of each charter vessel angler, and

(5)

the number of halibut retained.

At the end of each fishing trip, each charter vessel guide would be required to acknowledge that
the information recorded in the logbook is correct by signing the logbook data sheet. Charter
vessel anglers would also acknowledge that their information in the logbook is correct by signing
the back of the logbook data sheet.
Information recorded in the ADF&G logbook for each fishing trip 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 total annual catch by all charter vessel anglers. Charter vessel guides
and anglers are mutually and severally responsible for the accuracy and completeness of
recorded information. Specific ADF&G logbook information requirements are summarized
below for charter vessel guides and anglers (highlighted text in the table on the following page
indicates requirements in the ADF&G logbook that are strictly Federal requirements and not
State requirements).

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Information Recorded in the ADF&G Saltwater Sport Fishing Charter Trip Logbook
Who Records the
Information in the
ADF&G Logbook

Charter Vessel
Guide

What Information is Recorded
Sport fish charter business license
number issued by ADF&G to a person
who owns or employs the charter vessel
The charter vessel guide license
number issued by ADF&G to the guide
that led the fishing trip
Month and date of each fishing trip.
Separate logsheets are required for each
trip on the same day, and for each day
that halibut are caught and kept on a
multi-day fishing trip
IPHC Regulatory area fished – circle
either regulatory area 2C or 3A where
halibut caught and retained. Separate
logbook sheets must be completed if
both areas fished during the same
charter vessel fishing trip
Angler Sport Fishing license number
and printed name; the printed name is
recorded for each youth angler under 16
years of age
For each angler, the number of halibut
caught and retained during the charter
vessel fishing trip

Signature of the charter vessel guide
Charter Vessel
Angler

Signature of the charter vessel angler
on the back of the logbook sheet

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Purpose of Information Collection
To provide the identity of the charter vessel
business owner and guide who are mutually
and severally responsible for accurate
recordkeeping and reporting of charter vessel
angler harvest of halibut in Area 2C
To be able to determine when the charter
fishing trip occurred

To verify where charter vessel occurred
because different daily catch limits apply in
different areas.

To record the identity of each charter vessel
angler subject to the daily catch limit. The
State does not issue sport fishing licenses to
anglers under 16 years of age, so only a name is
recorded for those anglers.
This information currently is required by
ADF&G to estimate sport fish harvest of
halibut and the new federal requirement will be
used to monitor angler specific compliance
with the daily catch limit
To provide acknowledgement of the guide that
the recorded information is correct
To provide acknowledgement by the angler that
his or her Area 2C halibut retention information
is correctly recorded.

State of Alaska (State) regulations require that the logbook sheets be submitted on a weekly
basis to the appropriate ADF&G office, according to the time schedule printed in the instructions
at the beginning of the ADF&G logbook.
Information recorded in ADF&G logbooks is verified by ADF&G using a separate recreational
fishery survey and port-side creel census. ADF&G logbook information and fishing licenses or
catch cards also may be inspected and verified by National Oceanic and Atmospheric
Administration (NOAA) Office for Law Enforcement (OLE) or U.S. Coast Guard personnel.
Logbook records submitted to ADF&G are entered into a database that will be supplied to
NOAA OLE. These records would be queried to summarize the number of halibut in Area 2C
harvested and retained by each sport fish angler when fishing as a client aboard a charter vessel.
Costs are provided separately for charter vessel guides and for charter vessel anglers. Because
the respondents are already required by the State of Alaska to return the logbook forms, there are
no additional miscellaneous costs involved with this information collection. The additional
administrative costs to ADF&G are unknown.
Charter Vessel Guides
Because logbook sheets are already required to be submitted to ADF&G, no additional postage
costs are associated with the rule. Each trip would use one logsheet, unless halibut are caught in
both Area 2C and in Area 3A, in which case an additional logsheet would be used to record
halibut caught in the second area. Out of all charter vessel halibut fishing trips, it is estimated
this additional logsheet use would occur only 23 times per year. It should be noted that ADF&G
drop boxes are available at many ports to submit the logsheets for the convenience of the charter
vessel guides, in which case no postage would be required. Because up to three pages can be
mailed for the cost of one first class stamp, the use of one additional logsheet caused by this
action is unlikely to affect previously required postage expenses and is considered not significant
in regards to additional postage costs. Therefore, no additional postage costs are associated with
this action.
Charter Vessel Anglers
The time burden to charter vessel anglers to verify their information and sign the ADF&G
logbook is estimated to be 1 minute per year. The average number of halibut annually harvested
by charter vessel anglers in Area 2C is less than two fish per angler; most anglers harvest only
one halibut. The information added by Federal regulations is highlighted on the logsheet.
The time burden for each charter vessel guide to record required information in the ADF&G
logbook is estimated to be 4 minutes for each charter vessel fishing trip based on an average of
3.86 clients per trip. The estimated 696 charter vessels are expected to average 34.35 trips per
year, for a total of 23,908 trips. The total time burden for all charter vessels is estimated to be
1,594 hours. Assuming a personnel cost of $25 per hour, the cost to the industry is estimated to
be $39,850, or $1.67 per trip.

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Charter Halibut Vessel Guide Respondents
Total number of guide respondents
Total annual responses (23,907.6)
Frequency of response = 34.35
Total annual time burden (1593.87)
Estimated response time = 0.067 hr (4 minutes)
Total personnel costs
Cost per hour = $25
Total miscellaneous costs

696
23,908
1,594 hr
$39,850
$0

Charter Halibut Vessel Angler Respondents
Total number of angler respondents
Total responses
Frequency per response = 1
Total annual time burden
Estimated response time = 1 minute (0.017 hr)
Total angler cost (not really personnel; on vacation)
Cost per hour = $25
Total miscellaneous costs

92,394
92,394
1,540 hr
$38,500
0

Note: The logbooks and instructions will not change from those included in the original
submission, because the logbooks have already been printed and distributed to charter vessel
operators by the State of Alaska. To inform the public and charter vessel business owners of the
changes in recordkeeping and reporting requirements, the Alaska Department of Fish and Game
will issue an information bulletin explaining changes to the logbook reporting requirements.
Additionally, NMFS will issue a news release on its website and to media outlets throughout
Alaska to inform the public of the changes to the regulations and reporting requirements. NMFS
has developed a brochure explaining the new regulations that will be distributed by enforcement
personnel at the docks and by direct mailing to charter operators. Workshops may be held if
requested and deemed necessary. NMFS is developing a list of Frequently Asked Questions and
answers about the new regulations for the public. A small entity compliance guide will be
available on the NMFS website. The State revises and issues new logbooks each year, so NMFS
will work with the State to revise the logbooks and their instructions for 2009 and beyond.
Federal use of the ADF&G logbook and fishing license information would require additional
staff time. Federal staff would be required to coordinate with ADF&G and respond to agency
needs. A part-time NMFS or NMFS OLE staff person would be required to process and query
operator, business, and angler information. This person would also provide assistance to NMFS
OLE with the collection of evidence, administrative correspondence, preparation of cases, and
maintenance of the database by working closely with NMFS programmers and ADF&G staff as
needed. The expected annual cost for a GS-9 part-time NMFS staff person (estimated at $25/hr)
is approximately $50,000 annually.
Programmer time would also be required to build and maintain a secure Federal database.
Periodic data transfers would be the simplest database format, with programmer time required to
construct and maintain the Federal database and workstation structure. Construction and
maintenance of this database would likely be minimal, requiring one to two weeks of
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programmer time annually. The estimated cost for NMFS programmer time is $2,500 to $5,000
annually.
Enforcement of the new regulations would require on-site observations of a person or charter
vessel with an illegal halibut. This would require regular visits by enforcement officers to areas
where halibut are harvested and landed by charter vessels including remote areas such as lodges
and urbanized areas. These enforcement officers would check for failures to record retained
halibut, incomplete information in the logbook, and inaccurate information in the logbook. An
additional four enforcement officers are expected to be needed. These enforcement officers
would be based in Juneau, Sitka, and Ketchikan, Alaska. The expected cost for four additional
enforcement officers is approximately $600,000 annually.
Charter Halibut, Federal Government
Total Responses
Total annual time burden
Total personnel costs
Part-time NMFS staff person = $50,000
Programmer, One to
two weeks at $2,250 per week = $5,000
Enforcement officers
Four at $150,00 per year = $600,000
Total miscellaneous costs

0
0
$655,000

$0

It is anticipated that the information collected will be disseminated to the public or used to
support publicly disseminated information. As explained in the preceding paragraphs, the
information gathered has utility. NMFS will retain control over the information and safeguard it
from improper access, modification, and destruction, consistent with NOAA standards for
confidentiality, privacy, and electronic information. See response #10 of this Supporting
Statement for more information on confidentiality and privacy. The information collection is
designed to yield data that meet all applicable information quality guidelines. Prior to
dissemination, the information will be subjected to quality control measures and a predissemination review pursuant to Section 515 of Public Law 106-554.
3. Describe whether, and to what extent, the collection of information involves the use of
automated, electronic, mechanical, or other technological techniques or other forms of
information technology.
NMFS currently does not have the capability to collect the ADF&G logbook information
electronically. The ADF&G logbook is a State form that is made available to each person
receiving a business license to operate as a sport fish charter vessel business. The ADF&G
logbooks are maintained onboard charter vessels and must be filled out prior to clients’ boarding
the vessel and prior to clients’ leaving the vessel. NMFS and ADF&G are discussing the
possibility of collecting this information electronically in the future. At this point, funds are not
available for ADF&G to develop electronic submission. The respondents provide completed
logbook sheets in printed form to ADF&G.
ADF&G logbooks are not available for the public to print from the Internet, because that is not
the procedure used by ADF&G to distribute its logbooks.
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The overall results of the information collection will be made available to the public through the
Council and IPHC meeting processes. This information is typically available on the Internet at
http://www.fakr.noaa.gov/npfmc/default.htm and at
http://www.iphc.washington.edu/halcom/default.htm.
4. Describe your efforts to identify duplication.
NMFS and ADF&G coordinated closely in the development of this information collection to use
the existing ADF&G logbook to record information necessary for the monitoring and
enforcement of the charter vessel angler daily catch limit of halibut, so that a separate federal
logbook system would not be necessary. This approach reduces burden to both the charter vessel
industry and federal and state management agencies.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
This information collection will not have a significant impact on small businesses or other small
entities.
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 Small Business Administration
limit of $6.5 million dollars for charter vessels. Actual costs of submission of the logbook sheets
that include additional information required by NMFS would pose no additional burden or costs
to businesses because the State already requires the weekly submission of logbook data
information. Federal regulations for submission simply mirror existing regulations.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
The information collection is necessary to monitor and enforce the daily catch limit of halibut for
charter vessel anglers fishing in Area 2C. The daily catch limit is one of several measures
recommended by the Council to reduce the harvest of halibut by the charter vessel fishery to the
GHL. This level of harvest has been established to address the competitive impacts of an
increasing charter fishery harvest and the compensatory reductions in the commercial fishery. If
this information collection is not conducted, the daily catch limit could not be enforced and the
multi-agency management program being developed to address the competition between the
halibut charter vessel industry and the commercial halibut fishery could not be implemented.
The frequency of collection must be tailored to the frequency of charter vessel fishing trips,
because the collection-of-information is focused on trip-specific angler harvest. This information
cannot be collected less frequently and still meet the purpose of supporting the monitoring and
enforcement of angler-specific daily catch limits. The actual submission of logbook sheets to
ADF&G is dependent on current State requirements for submission of logbook sheets for all
guided sport fish fisheries off Alaska.

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7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
OMB guidelines state that an information collection should not require respondents to report
information more than quarterly, nor sooner than 30 days after they receive the request. As
stated in response #6, the submission of logbook sheets to ADF&G is dependent on current State
requirements for submission of logbook sheets for all guided sport fish fisheries off Alaska. The
submission schedule is generally weekly and must be postmarked or received by ADF&G within
eight days following the end of the prior week’s fishing.
8. Provide information on the PRA Federal Register notice that solicited public comments
on the information collection prior to this submission. Summarize the public comments
received in response to that notice and describe the actions taken by the agency in response
to those comments. Describe the efforts to consult with persons outside the agency to
obtain their views on the availability of data, frequency of collection, the clarity of
instructions and recordkeeping, disclosure, or reporting format (if any), and on the data
elements to be recorded, disclosed, or reported.
The NMFS Alaska Region submitted a proposed rule, Regulation Identifier Number (RIN):
0648-AW23, requesting comments from the public. NMFS received 21 letters of comment
opposing some of the proposed information collection requirements, but because Option B was
selected instead of Option A (see response to #1), some of the information will not be required.
Comments received were: The proposed paperwork requirement for monitoring the annual catch
limit is burdensome and time consuming for operators and anglers. The requirement to print the
angler name is redundant. It would be better to collect youth and senior angler information for
inclusion in the database when issuing the harvest cards. Furthermore, the proposed requirement
for anglers to retain their licenses for three years is unreasonable, the license paper is flimsy and
hard to keep track of, and retention is a burden for clients.
NMFS responded to the comments as follows: Under Option A, which would have implemented
an annual catch limit for Area 2C, it would have been necessary for anglers to retain their
licenses in the event that discrepancies arose in the logbook data. However, because NMFS is
implementing Option B, the one fish daily bag limit, the requirement to retain angler licenses is
no longer necessary and has been removed from the final rule. Other requirements for recording
the angler name and license number are retained to improve accuracy of recorded information.
One comment was received requesting that NMFS issue harvest tags with licenses instead of the
burdensome recordkeeping and reporting requirements proposed to monitor and enforce an
annual catch limit. NMFS responded the proposed annual catch limit will not be implemented
because that management tool would not reduce the Area 2C charter vessel harvest sufficiently
to avoid exceeding the 2008 GHL. Harvest tags are not required for the monitoring and
enforcement of a one-fish daily bag limit.
One comment was received urging NMFS to keep the angler signature provision because that
will lead to more accurate reporting. NMFS responded that it agrees and has maintained this
requirement.

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ADF&G staff from the Sport Fish Division were consulted in the design of this information
collection and how best to integrate it into the current ADF&G logbook format. The individuals
were: Mr. Douglas Vincent-Lang, Fishery Biologist (907)267-2339; and Ms. Dora Sigurdsson,
Fishery Biologist, (907)267-2390. In response to discussions with Mr. Vincent-Lang and Ms.
Sigurdsson, federal logbook requirements were modified and better integrated into the existing
ADF&G logbook format currently used by charter vessel businesses.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No payment or gift will be provided under this program.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
The responses to this information request are not confidential under Federal law. The
information submitted in the ADF&G logbook collected is protected by Alaska State
confidentiality statute AS 16.05.815.
11. Provide additional justification for any questions of a sensitive nature, such as sexual
behavior and attitudes, religious beliefs, and other matters that are commonly considered
private.
This information collection does not involve information of a sensitive nature.
12. Provide an estimate in hours of the burden of the collection of information.
Estimated total respondents: 93,090. Estimated total responses: 116,302. Estimated total
burden hours: 3,134 hr. Estimated total (personnel) costs: $78,350.
13. Provide an estimate of the total annual cost burden to the respondents or recordkeepers resulting from the collection (excluding the value of the burden hours in #12
above).
Estimated total miscellaneous costs: $0.
14. Provide estimates of annualized cost to the Federal government.
Estimated total (personnel) costs: $ 655,000.
15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
This is a new program.

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16. For collections whose results will be published, outline the plans for tabulation and
publication.
This information collection is for monitoring purposes and will not be published by NMFS. The
data collected from individual charter vessel businesses is confidential under State law. Fishery
management agencies, fishermen, researchers, economists, etc. may request from ADF&G and
receive ad hoc summary reports (non-confidential data) from the ADF&G logbook database for
various reasons.
17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons why display would be inappropriate.
Because the logbook, fish license, and catch cards are ADF&G forms, the OMB number and
expiration date will not be displayed.
18. Explain each exception to the certification statement identified in Item 19 of the
OMB 83-I.
There are no exceptions.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This collection does not employ statistical methods.

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