APHF ss rev 022609

SUPPORTING STATEMENT
ALASKA PACIFIC HALIBUT FISHERIES; LIMITED ACCESS FOR
CHARTER HALIBUT VESSELS
OMB CONTROL NO. 0648-xxxx

INTRODUCTION
The International Pacific Halibut Commission (IPHC) and National Marine Fisheries Service,
Alaska Region (NMFS) manage fishing for Pacific halibut (Hippoglossus stenolepis) through
regulations established under authority of the Northern Pacific Halibut Act of 1982 (Halibut
Act). The IPHC 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, signed at Ottawa, Ontario, on March 2, 1953, as
amended by a Protocol Amending the Convention (signed at Washington, D.C., on March 29,
1979). Regulations developed by the IPHC are subject to approval by the Secretary of State with
concurrence from the Secretary of Commerce. After approval by the Secretary of State and the
Secretary of Commerce, the IPHC regulations are published in the Federal Register as annual
management measures pursuant to 50 CFR part 300.62.
NMFS proposes regulations that would implement a limited access system for charter vessels in
the guided sport fishery for Pacific halibut in waters of IPHC Regulatory Areas 2C (Southeast
Alaska) and 3A (Central Gulf of Alaska). This limited access system would limit the number of
charter vessels that may participate in the charter halibut fishery in these areas. NMFS would
issue a charter halibut permit to a licensed charter fishing business owner based on his or her past
participation in the charter halibut fishery for halibut. In addition, this action proposes two
special permits: a community charter halibut permit issued to a Community Quota Entity (CQE)
representing specific rural communities and a military charter halibut permit issued to a United
States Military Morale, Welfare and Recreation (MWR) Program.
All charter halibut permit holders would be subject to limits on the number of permits they could
hold and on the number of charter vessel anglers who could catch and retain halibut on their
charter vessels.
This action describes a new collection-of-information for the charter halibut fishery.
A. JUSTIFICATION
A charter vessel is a vessel used for hire in sport fishing for halibut; however, a vessel without a
hired operator is not a charter vessel for purposes of the halibut fishery. Charter halibut harvests,
along with other non-commercial harvests, are unrestricted because there is no specific allocation
to the sectors. Therefore as the charter fishery expands, its proportion of the overall catch of
halibut increases, thereby reducing the amount available for the commercial sector. In effect,
this growth results in a reallocation to the charter sector from the commercial sector and effects
the value of quota share (QS) in the commercial halibut Individual Fishing Quota (IFQ)
Program.

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1. Explain the circumstances that make the collection of information necessary.
This action is necessary to achieve the halibut fishery management goals of the North Pacific
Fishery Management Council. The intended effect is to curtail growth of fishing capacity in the
guided sport fishery for halibut. If implemented, halibut guide business operators would be
required to hold a permit for each vessel they use to provide their charter clients with halibut
fishing trips. The permits would be issued based on historic participation in the halibut charter
fishery and endorsed for the IPHC area they may fish and the maximum number of anglers they
may carry. A higher participation threshold is required to receive a transferable permit. The
majority of permits would be transferable to persons meeting the U.S. ownership requirements
that are under the maximum permit use cap.
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.
Before the start of the application period, NMFS would create an official record of charter vessel
participation in Area 2C and 3A during the qualifying and recent participation years. The
official record would be compiled from the State of Alaska Department of Fish and Game
(ADF&G) business owner license data and charter vessel trip information from the ADF&G
charter vessel logbooks. The official record would link each charter vessel fishing trip to an
ADF&G business owner license and to the business owner.
Prior to issuance of permits, NMFS would prepare and distribute application packets for business
owners that, based on the official record, clearly would qualify for one or more charter permits.
The application packet would include a partially completed application and information about
how many permits the applicant would likely receive, whether they would be transferable or not
transferable, and their likely angler and area endorsements. The same information from the
official record would be supplied to applicants on request who did not receive an application
packet. Regardless of whether an applicant receives an application packet, the obligation to
submit a complete application within the application period is solely the responsibility of the
applicant.
Upon receipt of a completed application, NMFS would compare the information on the
application to the official record. If an applicant submits a claim that is not consistent with the
official record, NMFS will allow the applicant to submit documentation or further evidence in
support of the claim during a 30-day evidentiary period. NMFS would change the official record
if it agrees with the submitted evidence, and issue charter halibut permit(s) accordingly. If
NMFS does not agree that the further evidence supports the applicant’s claim, NMFS would
issue an initial administrative determination (IAD). The IAD would describe why NMFS is
initially denying some or all of a claim and would provide instructions on how to appeal the
IAD.
The qualifying year would be 2004 or 2005. Minimum qualification for a business owner during
either of these years would require at least five ADF&G halibut logbook fishing trips during the

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year. The recent participation year would be the year prior to implementation of this proposed
action. Although the qualifying year could be either 2004 or 2005, no permits would be issued
unless the applicant also meets the minimum participation requirement of five halibut logbook
fishing trips in the year prior to implementation.
After determining participation eligibility, NMFS would determine:
♦ How many permits the applicant would receive;
♦ How many permits, if any, would be transferable permits;
♦ What angler endorsements apply; and
♦ What area endorsements apply to the permit(s).
In making these determinations, NMFS would consider only the history of a charter vessel
business during the qualifying years that each applicant chose (2004 or 2005).
NMFS would endorse, and thereby restrict, each permit for a specific regulatory area (2C or 3A)
and for the number of anglers that can fish from the vessel.
NMFS would determine the angler endorsement for a permit as the highest number of anglers
that an applicant reported on an ADF&G logbook in 2004 or 2005. Any sport charter business
that qualifies for a permit, however, would receive at least a minimum angler endorsement of
four. Through permit transfers, angler endorsements may be “stacked;” that is, the total number
of angler endorsements may be combined on a charter vessel. This stacking is designed to allow
a sport charter business to expand without increasing the total number of permits. Also, the
angler endorsement would not limit the number of passengers that a charter vessel could carry;
only the number that may catch and retain halibut. Enforcement of the angler endorsement
would be based on the number of halibut onboard the vessel at any time.
Transferability of charter halibut permits would foster the development of a market for charter
vessel access to the halibut resource. A market would allow limited new entry into the charter
vessel sector while the charter halibut program generally would prevent an unfettered expansion
of the charter vessel fishing sector and provide for some consolidation in the sector.
Consolidation also would be limited to prevent any one person from holding an excessive share
of charter vessel privileges; a person would be prevented from acquiring more than five permits
by transfer. To enforce limitations on the transfer of charter halibut permits, no transfer of a
permit would be effective unless it is first approved by NMFS.
a. Application for Charter Halibut Permit
An application period of no less than 60 days will be specified by notice in the Federal Register
during which any person may apply for a charter halibut permit. Applications received during
the application period will be considered filed on time. Late applications will be denied. The
application will require information about the business applying for the permit, including the
ownership structure of the business (U.S. citizenship papers for individuals and information on
the charter activities of the business). After submitting the initial permit application, additional
applications will not be required. NMFS will only require additional reports when the structure
of the business owning the permit changes or the permit is transferred.

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Permit Eligibility
Charter halibut permits will be issued to the ADF&G licensed fishing guide business owner,
based on the following information:
♦ Every charter vessel fishing trip was authorized by, and made pursuant to, an ADF&G
business owner license. The owner of the charter vessel fishing business had to obtain a
business owner license from ADF&G.
♦ Second, a guide of the charter vessel fishing business had to obtain an ADF&G guide
license. Beginning in 2005, ADF&G allowed an applicant to receive a joint business
owner and guide license but continued issuing separate business owner and guide license
if an applicant applied for only one. Therefore, someone with a guide license could be,
but did not have to be, the same person who owned the charter vessel business and
obtained the ADF&G business owner license.
♦ Third, the business owner was required to register with ADF&G the vessel to be used as
a charter vessel. ADF&G issued decals that were required to be displayed on the
registered charter vessel when it was engaged in guided sport fishing.
♦ Finally, each charter vessel guide was required to have onboard the vessel an ADF&Gissued charter vessel logbook (logbook) and to maintain certain information in the
logbook about the charter vessel anglers and their catch. The ADF&G business owner
license number was required to be recorded on each sheet of the logbook because this
license authorized the guide to provide fishing guide services to the charter vessel
anglers. The business owner was responsible for submitting the logbook sheets to
ADF&G within the required time limits.
A charter halibut permit for IPHC regulatory area 2C must be based on meeting participation
requirements in area 2C. A charter halibut permit for IPHC regulatory area 3A must be based on
meeting participation requirements in area 3A. Qualifications for a charter halibut permit in each
area must be determined separately and must not be combined. Each permit will be designated
as transferable or non-transferable. The number of transferable charter halibut permits issued to
an applicant will be equal to the number of vessels that made 15 bottomfish logbook fishing trips
or more in the applicant selected year. If the applicant qualifies for additional charter halibut
permits, they will be issued as non-transferable permits.
Charter Halibut permits will be issued to persons who meet the following eligibility criteria:
♦ Makes timely application during the application period.
♦ Non-transferable permit. NMFS will issue a non-transferable charter halibut permit to a
person that: is the person to whom the ADF&G issued the ADF&G Business Owner
Licenses that authorized logbook fishing trips during the applicable time periods;

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reported five bottomfish logbook fishing trips or more during one year of the qualifying
period; and reported five halibut logbook fishing trips or more during the recent
participation period.
♦ Transferable permit. NMFS will issue a transferable charter halibut permit to a person
that: is the person to whom the ADF&G issued one or more ADF&G Business Owner
Licenses that authorized logbook fishing trips during the applicable time periods;
reported 15 bottomfish logbook fishing trips or more during one year of the qualifying
period; and reported 15 halibut logbook fishing trips or more during the recent
participation period.
Unavoidable Circumstances Exemption.
Certain unavoidable circumstances could prevent an applicant from participating in either the
qualifying period or recent participation period despite the applicant’s intention. NMFS
developed a limited exception to allow for unavoidable circumstances. Basically, an applicant
must demonstrate that:
♦ The applicant had a specific intent to participate in either the qualifying period or recent
participation period (but not both periods) that the applicant missed;
♦ The circumstance that thwarted the intended participation was unavoidable, unique to the
applicant, and unforeseen and unforeseeable;
♦ The applicant took all reasonable steps to overcome the problem; and
♦ The unavoidable circumstance actually occurred.
Military Exemption.
A person claiming military service as a reason he or she did not participate in the qualifying
period must meet the minimal participation requirements of five halibut logbook fishing trips in
the recent participation period. If an applicant for the military exception did not participate at this
minimum level in the recent participation period, the applicant would not qualify for a military
exemption. The applicant could try to meet the criteria for an unavoidable circumstance
exception, but could not claim a military exemption and an unavoidable circumstance exemption.
An applicant for a military exemption must meet the recent participation year requirement.
To qualify for a military exemption, a person would have had to be assigned to active military
duty as a member of the National Guard or a reserve component. Moreover, a persons’ decision
to enlist in the regular armed services is a voluntary career choice and is not unavoidable.
Hence, such a person serving during any part of the qualifying period chose a military
occupation in lieu of a charter vessel occupation.
In addition, to qualify for a military exemption, a person must demonstrate intent to participate in
the charter halibut fishery before or during the qualifying period. If an applicant was called up to

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military service at any time during the qualifying period, however, a demonstration of intent to
participate during the qualifying period would also suffice for a military exemption. Hence, this
action proposes to consider any evidence of a specific intent to operate a charter halibut fishing
business by the applicant that was thwarted by the applicant’s order to report for military service,
whether the applicant’s intent was prior to the qualifying period or during the qualifying period.
The military exemption is designed to benefit persons who would otherwise be completely
excluded from receiving any charter halibut permits despite their intention to meet the
participation requirement during the qualifying period. If a military exemption applicant could
receive any permits based on the applicant’s actual participation in the qualifying period, the
applicant would be limited to that number and type of permits and could not use the military
exemption. This action proposes to treat a military exemption applicant the same as other
unavoidable circumstance applicants for purposes of assigning angler endorsements. The
military exemption applicant would receive one non-transferable permit with an angler
endorsement of six unless the applicant could demonstrate that it likely would have met
participation requirements for a transferable permit or a higher angler endorsement.
Applications submitted by mail, hand deliver, or fax would be acceptable if postmarked or hand
delivered or faxed no later than the last day of the application period. Electronic submissions
other than fax are not acceptable because each application requires the original signature of the
applicant.
Application for Charter Halibut Permit
Block A--Applicant information
Name(s)
Business mailing address (street or P.O. Box, city, state, zip code)
Business telephone number, business fax number, business e-mail address
If applicant is an individual U.S. Citizen, enter date of birth
If applicant is a U.S. Corporation, partnership, association, or other business entity, enter date of incorporation
If applicant is a successor-in-interest to a deceased individual or to a non-individual, attach evidence of death or
dissolution and evidence supporting successor-in-interest status
Block B -- Selection of “Best Year” for determination of charter halibut permit allocations
If participant received and reviewed Official Charter Halibut Record Summary
For Area 2C, select 2004 or 2005 as “best year”
For Area 3A, select 2004 or 2005 as “best year”
List any claims to change the charter halibut official record summary in Block C
Proceed to Blocks E and F
If participant did not receive Official Charter Halibut Record Summary
For Area 2C, select 2004 or 2005 as “best year”
For Area 3A, select 2004 or 2005 as “best year”
Complete Blocks C and D. Provide evidence to support claims to charter halibut permit(s)
Complete Block E
Sign and date the application in Block F
If claiming eligibility for one or more charter halibut permits on the basis of an unavoidable circumstance,
Complete Blocks C, D, and E
Sign and date the application in Block F

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Block C1--Claims
Indicate the nature of claim that the charter halibut permit official record is incorrect
Areas (2C, 3A, or both) endorsement
Transferable permit status
Number of angler endorsements
Credit for all charter halibut fishing businesses owned and/or all vessels operated by charter halibut businesses
If purchased entire qualifying history of a charter halibut business, complete Blocks C and D
Whether claiming eligibility based on unavoidable circumstance
that occurred in 2004 or 2005
that occurred in 2007 (the recent participation year).
Complete Block D
Whether claiming eligibility based on active duty military service that prevented participation in 2004 or 2005
as the owner of a charter halibut business. Complete Block D
Other (describe)
Complete Blocks C2 and C3 as appropriate
Block C2—Charter halibut fishing business(es) owned in 2004, 2005 and 2007
Identify all charter halibut fishing businesses owned in 2004, 2005 and 2007 that qualify for
charter halibut permit(s)
Name of business(es)
Year(s) of operation (2004, 2005, and 2007)
State of Alaska business license numbers
Charter halibut fishing license numbers
Block C3--Vessels operated by charter halibut fishing business(es) owned in 2004, 2005 and 2007
Vessel Name
ADF&G Vessel Registration Number
United States Coast Guard (USCG) Documentation Number
Charter halibut fishing logbook No. (check all that apply)
Year of Operation (check all that apply)
Number of Trips (per year) (check all that apply)
Block D1 --Unavoidable circumstance claim
Indicate if applying for eligibility based on an unavoidable circumstance
Indicate if applying for eligibility based on unavoidable circumstance in most recent participation year
Attach documentation to support claim.
Certify by signing and entering date of signature
Block D2 -- Military service claim
Indicate if applying for eligibility based on active duty military service in 2004 or 2005
Attach documentation to support claim
Certify by signing and entering date of signature
Block E1-- Identification of ownership
If the Applicant in Block A is not an individual, enter the name(s) of all owners and their percent of ownership. If a
listed owner is not an individual, provide the same information for each such owner, including the percent of
ownership
Block E2 -- Identification of affiliation
Provide the names of the persons with whom the applicant is affiliated at 10% or greater level of ownership or
control. Enter percent of interest. Do not repeat owner names provided in Block E1
Block F – Applicant signature
Certify by signing, entering date of signature, and printed name.
If completed by authorized representative, attach authorization

Each licensed guide business owner who reported a minimum of 5 bottomfish trips during 2004
or 2005, and a minimum of 5 halibut trips in the year prior to implementation would be issued a
permit(s) based on the number of trips summed for all vessels in his/her best year of the
qualification period. This summed number of trips results in issuing an estimated maximum of
851 permits: 380 businesses in Area 2C and 471 businesses in Area 3A.

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The charter halibut program will increase administrative and enforcement costs for NMFS.
These costs include the hiring of new staff, or the redirection of current staff resources.
Redirection of staff resources would reduce the ability of the agency to administer current
management programs and enforcement activities. To provide adequate enforcement coverage
for the charter fishery, OLE would need to have an enforcement presence and administrative
support for the following communities: Petersburg, Sitka, Juneau, Anchorage, Homer, and
Seward, Alaska. Thus, the cost estimates include annual costs for seven enforcement officers and
one full-time attorney to prosecute permit violations. In addition to the enforcement costs, there
are start-up and annual administrative costs associated with administering the program. In total,
the Federal agency costs for implementing the program are estimated to be about $1.23 million.

Application for Charter Halibut Permit(s), Respondent
Number of respondents
851
Area 2C = 380 permits
Area 3A = 471 permits
Total annualized responses (280.83)
281
Frequency of response = 1/3 yr = 0.33
Total burden hours
562
Time per response = 2 hr
Total personnel costs ($25 x 562)
14,050
Total miscellaneous costs (955.42)
955
Mail (0.42 x 141 = 59.22)
Fax (6 x 140 = 840)
Photocopy (2 x 0.10 x 281 = 56.20)
Application for Charter Halibut Permit(s), Federal
Government
Number of responses
281
Total burden hours (140.50)
141
Time per response = 0.5
Total personnel costs ($25 x 141)
3,525
Total miscellaneous costs
1.23 million
Start-up and annual administrative costs
7 enforcement officers
1 full-time attorney

b. Application for Transfer of Charter Halibut Permit
A charter halibut permit would be transferrable or not transferrable based on certain minimum
participation criteria. After NMFS initially distributes charter halibut permits, a person holding a
transferable permit could transfer the permit to another individual or corporate entity with certain
limitations.
Vessels that qualified at trip levels of 15 trips and above would earn a transferable permit for that
business owner; permits issued based on trip levels below 15 trips would be non-transferable.
This provision results in an estimated 29% of the permits issued in Area 2C, and 21% of the
permits issued in Area 3A, being non-transferable. This equates to 25% of the permits in both
areas combined as non-transferable.

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The transferable and nontransferable permits would have different values. The nontransferable
permit would cease to exist when the holder leaves the charter halibut fishing business, and the
transferable permit would have value as an asset that could be transferred to another business.
This would allow a business with relatively low halibut fishing trips to continue its existing
business model until it leaves the charter halibut industry.
NMFS proposes approval of a transfer to an individual only if the individual is a U.S. citizen,
and approval of a transfer to a corporate entity only if it is a U.S. business with at least 75
percent U.S. citizen ownership of the business. These citizenship standards do not apply to the
initial allocation of charter halibut permits but effect future permit transfers under the limited
access program. Hence, as non-U.S. citizens leave the fishery their charter halibut permits either
would cease to exist (if the permits were nontransferable) or they would be owned by U.S.
citizens or U.S. businesses.
NMFS proposes to prevent the transfer of a charter halibut permit to or from any person that
owes NMFS any fines, civil penalties or other payments. In addition, a transfer of a permit
would not be approved if it would be inconsistent with any sanctions resulting from federal
fishing violations. NMFS concluded that this was a reasonable way to enforce fishing sanctions
and payment of fines, penalties and payments owed to NMFS by parties to a proposed transfer.
Application for Transfer of Charter Halibut permit
Block A -- Required documentation
Checklist to assist participant
Block B -- Identification of charter halibut permit(s) to be transferred
List permit number(s)
Indicate if this transfer is a single group of “grandfathered” Charter Halibut permits
If YES, indicate whether the transfer of these permits includes the sale or purchase of the transferor’s entire
charter halibut business.
If NO, your transfer will not be approved as submitted
Block C -- Transferor (seller) information
Name of Transferor (as it appears on the permits)
Permanent business mailing address and temporary mailing address (if applicable)
Business telephone number, business fax number, and e-mail address
Block D -- Transferee (receiver) information
Indicate whether the person applying to receive the permit(s) is an U.S. Citizen or a U.S. Business
with 75% U.S. ownership (individual, corporation, partnership, or other association)
If NO, STOP HERE. This person is not eligible to receive a permit
Name of Receiver(s) (as it will appear on the permit)
Business mailing address and temporary mailing address (if applicable)
Business telephone number, business fax number, and e-mail address
Block E1 -- Ownership documentation (to be completed by the transferee (receiver))
Names of each person, to the individual level, holding an ownership or control interest of 10% or more in the
Charter Halibut permit(s) being transferred
Percentage ownership each person and individual will hold in the Charter Halibut permit(s)
If the Transferee is a non-individual (i.e., a corporation, partnership or other entity), provide the names of and
the percentage of ownership held by, all of its owners to the individual level

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Block E2 -- Identification of affiliation (to be completed by transferee (receiver))
Provide the names of the persons with whom the applicant is affiliated at 10% or greater level of ownership or
control. Enter percentage of interest. Do not repeat owner names provided in Block E1
Block F -- To be completed by the transferor (seller)
Total amount being paid for the permit(s) in this transaction, including all fees
Whether this amount includes the price of the charter halibut business
Reason(s) for transferring the permit(s) (check all that apply)
Block G -- To be completed by the transferee (receiver)
If Charter Halibut permit is being used as collateral for a loan,
enter name of party holding security interest or lien
If the transfer of this Charter Halibut permit includes the sale of the charter halibut business,
enter name of business
If transferee currently holds other Charter Halibut permits,
transfer of “grandfathered” Charter Halibut permits cannot be approved.
If there is an agreement to return the permit to the transferor (seller) or to transfer it to any other person,
explain (use attachment if necessary)
If there is any condition requiring the resale or conveyance of the permit, explain (use attachment if necessary)
Block I -- Certification of transferor
Signature, date signed, and printed name of transferor. If signed by agent, attach authorization.
Notary Public Signature, Notary Stamp or Seal, and date commission expires
Block J -- Certification of Transferee
Signature, date signed, and printed name of transferee. If signed by agent, attach authorization.
Notary Public Signature, Notary Stamp or Seal, and date commission expires

Applications submitted by mail or hand delivery would be acceptable. Electronic submissions,
including fax, would not be acceptable because each application must be notarized. The number
used for transferors in this analysis is 10% of 851, or 85.
Application for Transfer of Charter Halibut permit , Respondents
Total number of transferors
85
Total annual responses
85
Frequency of response = 1
Total annual time burden
170 hr
Estimated response time = 2 hr
Total personnel costs
4,250
Cost per hour = $25
Total miscellaneous costs (2177.70)
2,178
Mail (0.42 x 85 = 35.70)
Notary (25 x 85 = 2125)
Photocopy (2 x 0.10 x 85 = 17)
Application for Transfer of Charter Halibut permit, Federal
Government
Total responses
85
Frequency per response = 1
Total annual time burden (42.50)
43
Estimated response time = 0.5
Total personnel costs
1,075
Cost per hour = $25
Total miscellaneous costs
0

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c. Application for community or MWR charter permit
Two types of special charter halibut permits are available:
♦ Community charter halibut permit to allow economic development of a charter halibut
fishery in certain rural communities.
♦ U.S. military charter halibut permit for recreational use of active duty Army and Air
Force personnel.
Community charter halibut permit.
Eligible communities, through a representative of a Community Quota Entity (CQE), could
apply for a limited number of permits at no cost, if they meet criteria for limited participation in
the charter halibut fishery. The purpose of issuing permits to this subset of small Gulf of Alaska
(GOA) communities, not located on the road system, is to provide them the opportunity to derive
economic benefits from the charter halibut industry.
A CQE representing a community or communities in Area 2C could receive a maximum of four
community charter halibut permits for each eligible community it represents. A CQE
representing a community or communities in Area 3A could receive a maximum of seven
community charter halibut permits for each eligible community it represents. The larger number
of community permits that would be allowed in Area 3A reflects the larger resource base in that
area. A community charter halibut permit would have an angler endorsement of six. The
communities eligible for community charter halibut permits include those CQE communities in
which 10 or fewer “active” charter vessel businesses terminated charter vessel trips in the
community in each of the qualifying years (2004 and 2005).
The list of communities proposed to be eligible for community charter halibut permits under a
CQE are a subset of those listed in Table 21 in 50 CFR part 679. A community charter halibut
permit could be used only in the area and by the person designated on the permit.
In Area 2C

18 communities would be eligible for a community charter halibut permit
including Angoon, Coffman Cove, Edna Bay, Hollis, Hoonah, Hydaburg,
Kake, Kassan, Klawock, Metlakatla, Meyers Chuck, Pelican, Point Baker,
Port Alexander, Port Protection, Tenakee, Thorne Bay and Whale Pass.

In Area 3A

14 communities would be eligible for a community charter halibut permit
including Akhiok, Chenega, Halibut Cove, Karluk, Larsen Bay, Nanwalek,
Old Harbor, Ouzinkie, Port Graham, Port Lions, Seldovia, Tatitlek, Tyonek,
and Yakutat.

In addition to the community charter halibut permits available to a CQE under this proposed
action, a CQE could acquire other charter halibut permits through transfer.
A charter vessel fishing trip for halibut that is authorized by a community charter halibut permit
would be required to either begin or end within the geographic boundaries of the community

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designated on the permit. The purpose of this requirement is to assure that the charter vessel
anglers on such a fishing trip have an opportunity to use the goods and services of the
community. A community charter halibut permit issued to a CQE could not be transferred to a
different CQE or to a non-CQE entity.
MWR charter halibut permit.
NMFS would recognize charter vessels used by the U.S. Army Morale, Welfare, and Recreation
(MWR) Program, based at Fort Richardson in Anchorage, Alaska, and those used by the Seward
Air Force Recreation Camp operated by Elmendorf Air Force Base in Anchorage, Alaska. This
action would not limit charter halibut fishing by any charter vessel owned, operated, or used by
either the MWR program or the Seward Air Force Recreation Camp. MWR vessels are not
required to meet the qualification requirements of the program, but harvests still count against
the guideline harvest level. To be exempt from the overall charter halibut program, however,
such vessels would be required to obtain a special MWR charter halibut permit by application to
NMFS. Each MWR charter halibut permit would be non-transferable and valid only in the
regulatory area designated on the permit.
Applications submitted by mail, hand deliver, or fax would be acceptable if postmarked or hand
delivered or faxed no later than the last day of the application period. Electronic submissions
other than fax would not be acceptable because each application would require the original
signature of the applicant.
Application for community or MWR charter permit
Block A--Type of permit
Indicate type of permit for which applying.
If applying for Community Charter Permit,
An authorized CQE must apply on behalf of the eligible community
Complete Blocks A and B.
Sign and date Block D
Enter the name of the community to be represented
If applying for MWR Permit,
Complete Blocks A and C
Sign and date Block D
Enter the branch of the United States Armed Services represented
Block B –Applicant information
Applicant’s name
Business mailing address (street or P.O. Box, city, state, zip code)
Business telephone number, business fax number, and business e-mail address
Block C – Community Charter Halibut Permit(s) request
Name(s) of the community that the CQE represents
For each community charter permit requested, specify
Name(s) of person(s)
Number of permits to be issued to that person
List location boundaries of community, including latitude and longitude, where all trips will begin or end
Block D – MWR Permit(s) request
List the number of MWR permits requested for each area, for 2C and for 3A
Block E – CQE applicant signature
Signature, printed name, and title of individual completing this application on behalf of CQE
Date signed. Attach authorizing documentation.
Block F – MWR applicant signature

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Signature, printed name, and rank in service of individual completing this application on behalf of military
service. Attach authorizing documentation
Date signed

Application for community or MWR charter Permit,
Respondents
Total number of respondents
Communities:
14 – Area 3A
18 – Area 2C
Military -- 26
Total annual responses
Frequency of response = 1
Total annual time burden
Estimated response time = 1 hr
Total personnel costs
Cost per hour = $25
Total miscellaneous costs (197.78)
Mail (0.42 x 29 = 12.18)
Fax (6 x 29 = 174)
Photocopy (2 x 0.10 x 58 = 11.60)
Application for community or MWR Charter Permit,
Federal Government
Total responses
Frequency per response = 1
Total annual time burden
Estimated response time = 0.5
Total personnel costs
Cost per hour = $25
Total miscellaneous costs

58

58
58
1450
198

58
29
725
0

d. Appeals
NMFS will compare all timely applications to the official record. If an applicant submits a claim
that is not consistent with the official record, NMFS will allow the applicant to submit
documentation or further evidence in support of the claim during a 30-day evidentiary period. If
NMFS accepts the applicant’s documentation as sufficient to change the official record, NMFS
will change the official record and issue charter halibut permit(s) accordingly. If NMFS does not
agree that the further evidence supports the applicant’s claim, NMFS will issue an initial
administrative determination (IAD). The IAD will describe why NMFS is initially denying some
or all of a claim and will provide instructions on how to appeal the IAD.
An applicant may appeal the IAD to the Office of Administrative Appeals (OAA) pursuant to 50
C.F.R. § 679.43. NMFS will issue interim permits to applicants whose appeal is accepted by
OAA. All interim permits will be non-transferable. NMFS will limit interim permits on appeal
to applicants who applied for charter halibut permits within the application period specified in
the Federal Register. This means that an applicant that is denied a permit because its application
was late will not receive an interim permit. This limitation is necessary for NMFS to know, at

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the end of the application period, the maximum number of interim permits that could be issued.
Because the grounds for treating a late application as filed on time are extremely narrow, this
limitation means that NMFS will not issue an interim permit to an applicant that has an
extremely limited chance of prevailing on appeal.
The number used in this analysis is 1% of 851 charter halibut permit applicants, or 9 are
estimated to file an appeal.
Appeals for Charter Halibut permit, Respondents
Total number of respondents
Total annual responses
Frequency of response = 1
Total annual time burden
Estimated response time = 4 hr
Total personnel costs
Cost per hour = $25
Total miscellaneous costs (5.58)
Mail (0.42 x 9 = 3.78)
Photocopy (2 x 0.10 x 9 = 1.80)

9
9
36
900
6

Appeals for Charter Halibut permit, Federal Government
Total responses
Frequency per response = 1
Total annual time burden
Estimated response time = 4 hr
Total personnel costs
Cost per hour = $50
Total miscellaneous costs

9
36
1,800
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 to Question 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.
A “fillable” application is available at the NMFS Alaska Region Home Page at
www.alaskafisheries.noaa.gov, for the participant to download, print, and mail or deliver to
NMFS. NMFS is pursuing an Internet method in the future whereby all of the information will
be entered online and submitted directly and automatically into a database.

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4. Describe efforts to identify duplication.
None of the information collected as part of this information collection duplicates other
collections. This information collection is part of a specialized and technical program that is not
like any other.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
This collection-of-information does not impose a significant impact on small entities.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
Management of the halibut fishery in and off Alaska is based on an international agreement
between Canada and the United States and is given effect by the Northern Pacific Halibut Act of
1982. Existing halibut management includes commercial and subsistence fisheries for halibut.
This limited access system would be an additional facet of halibut management with its own
allocation which would limit the number of vessels that may participate in the charter halibut
fishery in IPHC Regulatory Areas 2C (Southeast Alaska) and 3A (Central Gulf of Alaska).
Although most of the non-commercial uses of halibut have been relatively stable over the years,
growth in the non-guided sport and charter halibut fisheries in recent years has resulted in larger
amounts of halibut harvested in non-commercial fisheries than in earlier years of these fisheries.
Increases in the halibut harvest of any non-commercial fishery effectively reduce the amount
available to the commercial fishery and if not controlled, could endanger the Pacific halibut
biomass.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
No special circumstances exist.
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 will submit a proposed rule, RIN 0648-AW92, coincident with this
submission, requesting comments from the public.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.

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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 collected and submitted in the ADF&G logbook is protected by Alaska State
confidentiality statute AS 16.05.815. This information is used to monitor the charter vessel
program under the Northern Pacific Halibut Act of 1982.
Federal access to logbook information is necessary for both administrative (including the NOAA
Office of Administrative Appeals to adjudicate “hardship claims”) and enforcement purposes.
Until recently, Alaska statute prevented direct access of ADF&G logbook or ADF&G business
license information by NOAA Fisheries Office for Law Enforcement (OLE) or NMFS. In 2007,
ADF&G sought and obtained a legislative change to the confidentiality statute that would
facilitate Federal access to these sources of information. With this statute, NMFS can directly
access State business and logbook information to determine permit qualification. OLE would
need the cooperation of the State to enforce recordkeeping and reporting requirements.
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 unique respondents: 909 (851 plus 58 CQE/military applicants). Estimated total
responses: 433. Estimated total burden hours: 826. Estimated total personnel costs: $20,650.
Personnel labor costs are estimated to the average wage equivalent to a GS-9 employee in
Alaska, including COLA, at $25 per hour.
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 Question
12 above).
Estimated total miscellaneous costs: $3,337.
14. Provide estimates of annualized cost to the Federal government.
Estimated total burden hours: 249. Estimated total personnel costs: $7,125. Estimated
miscellaneous costs, initial start-up and administrative costs: $1,230,000.

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15. Explain the reasons for any program changes or adjustments.
This is a new program.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
The information collected will not be published.
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.
No exceptions exist for display of the control number and the expiration date; however, if an
appeal is filed, no form exists.
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.

17