0592 CSP charter permits 1128111 resubmission ss

SUPPORTING STATEMENT

ALASKA PACIFIC HALIBUT FISHERIES:

CHARTER PERMITS

OMB CONTROL NO. 0648-0592

INTRODUCTION

This is a resubmission with Final Rule 0648-BA37, with no changes due to public comment on Proposed Rule 0648-BA37. NMFS is modifying the Charter Halibut Program and this information collection by implementing a catch sharing plan for the Pacific halibut guided sport charter and IFQ commercial fisheries in waters of IPHC Regulatory Areas 2C (Southeast Alaska) and 3A (Central Gulf of Alaska). In addition, this action changes the name for this collection from “Alaska Region Pacific Halibut Guided Sport Charter Permits” to read “Alaska Pacific Halibut Fisheries: Charter Permits.”

Management of and regulations for Pacific halibut (Hippoglossus stenolepis) in Alaska are developed on the international, Federal, and state levels by the International Pacific Halibut Commission (IPHC), the North Pacific Fishery Management Council (Council), NOAA National Marine Fisheries Service (NMFS), and the State of Alaska's Department of Fish and Game (ADF&G). The IPHC and NMFS manage fishing for Pacific halibut through regulations established under authority of the Northern Pacific Halibut Act of 1982 (Halibut Act,

16 U.S.C. 773c). Regulations that implement this collection-of-information are found at 50 CFR 300.60-66 and at 50 CFR 679.5.

The North Pacific Fisheries Management Council (Council) adopted management measures for a guided sport charter fishery in June 2007 under the authority of the Halibut Act in IPHC Regulatory Area 2A and Area 2C (Southeast Alaska) to a specified guideline harvest level (GHL). ADF&G adopted some regulations that affect sport fishing for halibut; although ADF&G does not have authority to manage halibut.

The harvest of Pacific halibut occurs in three fisheries – commercial, subsistence, and recreational or charter. The collection for the commercial fishery, named the Alaska Pacific Fisheries: Individual Fishing Quota (IFQ) Program, is described in OMB Control No. 0648-0272. The subsistence fishery is described in two collections, named the Alaska Pacific Halibut Fisheries: Subsistence Program Registration and Marking of Gear (OMB Control No. 0648-0460) and Alaska Pacific Halibut Fisheries: Subsistence Permits and Harvest Logs (OMB Control No. 0648-0512). The charter fishery is described in two collections, named the Alaska Pacific Halibut Fisheries: Charter Recordkeeping and Reporting (OMB Control No. 0648-0575) and Alaska Pacific Halibut Fisheries: Charter Permits (OMB Control No. 0648-0592). The limited access program for vessels in the guided sport charter fishery is codified at 50 CFR 300.67.

Additional Pacific halibut fishing mortality occurs in other fisheries as bycatch or incidental catch while targeting other species. Halibut bycatch is caught but cannot be used for human food, except under the Halibut Donation Program (OMB Control No. 0648-0316).

A. JUSTIFICATION

NMFS would implement new Federal regulations to replace the Guideline Harvest Level Program for Pacific halibut with a catch sharing plan for the commercial Individual Fishing Quota (IFQ) and charter sectors.

The halibut catch sharing plan (CSP) would change the annual process of allocating halibut between the guided sport and commercial fisheries in IPHC Area 2C and Area 3A, establish allocations for each sector, and specify harvest restrictions for guided sport anglers that are intended to limit harvest to the annual guided sport fishery catch limit. To provide flexibility for individual commercial and guided sport fishery participants, the proposed catch sharing plan also would authorize annual transfers of commercial halibut quota to qualified guided sport halibut business owners for harvest in the guided sport fishery.

1. Explain the circumstances that make the collection of information necessary.

This action would replace the current Guideline Harvest Level Program with a catch sharing plan to establish a clear allocation between guided sport charter and commercial longline sectors in Area 2C and Area 3A. Under the halibut CSP, the IPHC will annually set a combined catch limit for charter and commercial fisheries. The allocation percentage for each area will be applied to establish the domestic harvest targets for each sector. The plan would require pre-season notice of upcoming management measures to allow an uninterrupted charter season. The allocations to both sectors will vary with halibut abundance and include a fixed percentage allocation.

The catch sharing plan would allow charter halibut permit holders to lease halibut IFQ from commercial quota share holders in order to increase their seasonal allocations for use by their clients. In addition, charter operators landing guided angler fish (GAF) on private property (e.g., lodges) and motherships would be required to allow ADF&G samplers/enforcement personnel access to the point of landing for monitoring purposes.

This plan would allow holders of charter halibut permits, community charter halibut permits, and military charter halibut permits to lease commercial halibut IFQ, for use by clients on the permit holder’s charter vessels, so that the operator’s clients may fish under the same halibut size and bag limits as do unguided anglers. Once GAF is transferred to a charter halibut permit holder, it may not be transferred to another charter halibut permit, community charter halibut permit, or military charter halibut permit holder.

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.

The halibut CSP allows allocation of the halibut resource between the commercial halibut setline and guided sport sectors in IPHC Regulatory Areas 2C (Southeast Alaska) and 3A (Central Gulf of Alaska). The guided angler fish (GAF) regulations enable CHP holders to receive by transfer commercial IFQ as GAF in order to provide charter vessel anglers with an opportunity to harvest a number or size of halibut over and above the CSP restriction in place for an area.

The halibut CSP establishes limitations on using a vessel on which charter vessel anglers catch and retain Pacific halibut in IPHC areas 2C and 3A. Any charter vessel operator with one or more charter vessel anglers catching and retaining Pacific halibut on board a vessel must have on board the vessel:

♦ A valid charter halibut permit (CHP):

♦ endorsed for the IPHC regulatory area in which the vessel is operating.

♦ endorsed for the number of charter vessel anglers who are catching and retaining Pacific halibut.

Operators of vessels with charter anglers onboard would be required to have onboard the vessel a valid charter halibut permit (CHP) issued by NMFS. The halibut CSP would:

♦ Change the annual process of allocating halibut between the charter and IFQ Program commercial fisheries in Area 2C and Area 3A.

♦ Establish allocations for each sector.

♦ Specify harvest restrictions for charter anglers that would limit harvest of the annual charter fishery allocation.

♦ Authorize annual transfers of commercial halibut IFQ to qualified charter halibut business owners as GAF for harvest in the charter fishery.

Two types of entity are directly regulated by this action:

♦ Charter businesses active in IPHC Areas 2C and 3A, and

♦ Community Quota Entity (CQE)-qualified communities and CQE groups formed by those communities in Areas 2C and 3A.

The CQE entities were previously approved as eligible under the IFQ Program. This action would help 32 small, remote communities in Areas 2C and 3A develop charter businesses by mitigating the economic barrier associated with purchasing a charter halibut permit and creating a number of non-transferable permits that can be held only by the non-profit entity representing the eligible community.

Halibut IFQ permit holders in Areas 2C and 3A are expected to benefit from this program, because they will have the opportunity to lease halibut IFQ to the charter sector. While NMFS cannot project how much IFQ will be leased by the charter sector, the ability to lease IFQ is expected to benefit an IFQ holder in those areas. Potential benefits are increased revenue through leases or perhaps higher ex-vessel prices, if fewer fish enter the commercial market.

a. Application for Transfer Between IFQ and GAF

The halibut CSP would authorize a supplemental, individual use of commercial IFQ by qualified charter halibut permit (CHP) holders and charter vessel anglers in Area 2C and Area 3A. CHP holders in these areas could receive commercial halibut IFQ by transfer as GAF. The transfer is effective for the current fishing season only, so transfers of IFQ to GAF would not be a permanent transfer of commercial halibut IFQ to the charter sector.

Upon receipt of an application for transfer between IFQ and GAF, NMFS will use a conversion factor to debit converted IFQ pounds from an IFQ account and transfer the corresponding number of GAF to a GAF account. The Regional Administrator will not approve an application before annual IFQ is issued for each year or after October 31 of each year.

Disapproval of an application may be appealed pursuant to 50 CFR part 679.43.

An Application for Transfer Between IFQ and GAF may be used to return unharvested GAF to the IFQ permit account from which it was derived. However, any unused GAF automatically would revert back to the IFQ account after November 1. The automatic return of GAF by NMFS on or around the automatic GAF return date each year would not require both parties to complete a transfer application, and NMFS would not approve an application for transfer between IFQ and GAF after the automatic GAF return date.

The person applying to transfer or receive IFQ must possess

♦ Halibut quota share (QS) in Area 2C or Area 3A.

♦ An annual IFQ permit resulting from that halibut QS for Area 2C or Area 3A with at least the amount of IFQ to be transferred.

♦ A valid CHP, community CHP, or military CHP in Area 2C or 3A that corresponds to the IFQ permit area to or from which the IFQ will be transferred.

The IFQ permit holder is responsible for all IFQ cost recovery fees (OMB Control No.

0648-0398) resulting from the transferred GAF. NMFS will return unused GAF to the IFQ permit holder from which they were obtained. No fees will be assessed for any unused GAF unless it is later harvested by the IFQ permit holder.

An application for transfer between IFQ and GAF is available on the NMFS Alaska Region website at http://alaskafisheries.noaa.gov/ram/default.htm. The application may be submitted by mail, fax, or by hand delivery. Printed signatures are required.

Applications may be submitted to NMFS as follows:

By mail: NMFS Alaska Region

Restricted Access Management (RAM)

P.O. Box 21668

Juneau, Alaska 99802-1668

By fax: 907-586-7354

By delivery: 709 West 9th Street, Suite 713

Juneau, Alaska 99801

Application for Transfer between IFQ and GAF

Attachments

Check each applicable box below to ensure that application is complete

Completed Application

Copy of IFQ permit (s) enclosed

Copy of Charter Halibut Permit (Transferee receiving GAF must have a valid Charter Halibut Permit)

Power of Attorney (if applicable)

Identification of transferor (lessor)

Name and NMFS Person ID of Transferor

Permanent Business Mailing Address and temporary Business Mailing Address

Business Telephone Number and Business Fax Number

Business E-mail Address

Indicate whether transferor paid all fees, as required by § 679.45

Identification of transferee (lessee)

Name and NMFS Person ID of Transferee

Permanent Business Mailing Address and Temporary Business Mailing Address

Business Telephone Number and Business Fax Number

Business E-mail Address

Indicate whether transferee paid all fees, as required by § 679.45

Identification of IFQ and/or GAF to be transferred

IFQ Permit Number

IPHC Area

Charter Halibut Permit Number

GAF Permit Number (only when GAF is returning to the IFQ permit holder)

Number of GAF

Certification of transferor

Signature and printed name of Transferor and date signed

If authorized representative, attach authorization

Certification of transferee

Signature and printed name of Transferee and date signed

If authorized representative, attach authorization

Based on studies¹²³ NMFS estimates 501 charter halibut permits will be issued in Area 2C, and 410 charter halibut permits will be issued in Area 3A.

Application for Transfer Between IFQ and GAF, Respondent
Number of respondents 501 in Area 2C 410 in Area 3A Total annualized responses Frequency of response = 1 per permit Total burden hours (1366.50) Time per response = 90 min. Total personnel costs ($25 x 1367) Total miscellaneous costs (1709.50) Mail (1.32 x 900 = 1188) Fax ($6 x 11 = 66) Photocopy (.05 x 10pp x 911 = 455.50)	911 911 1,366 hr $34,175 $1,710

The one-time implementation cost for the Federal Government for the halibut charter program may be as much as $400,000, and annual equipment costs and updates could be as much as $100,000.

Application for Transfer Between IFQ and GAF, Federal Government
Number of responses Total burden hours (455.50) Time per response = 30 min Total personnel costs ($25 x 456) Total miscellaneous costs Annual equipment costs and updates 1-time implementation = $400,000	911 456 hr $11,400 $100,000 $400,000

GAF Permit

On approval of an application for transfer between IFQ and GAF, NMFS would issue a GAF permit to the charter halibut permit holder receiving GAF. A GAF permit would authorize the GAF permit holder to allow charter vessel anglers to retain halibut in excess of the effective CSP restriction, up to limits on GAF use in regulations at §300.65(c).

NMFS would issue GAF in numbers of fish, basing the conversion between annual IFQ and GAF on average weight of halibut landed in each region’s charter halibut fishery (Area 2C or 3A) during the previous year, as determined by State of Alaska Department of Fish and Game (ADF&G). The number of GAF requested will be deducted from or added to the annual IFQ permit in round weight equivalent pounds.

GAF could be retained under a GAF permit only if the GAF permit holder’s account contains at least the number of GAF retained at the time of retention. All GAF permits would expire at 11:59 pm on the day prior to the automatic GAF return date. GAF could not be retained by charter vessel anglers after the expiration date of GAF permits.

NMFS would issue a revised GAF permit to the GAF permit holder each time during the year that it approved a transfer between IFQ and GAF for that GAF permit. Each GAF permit would be linked to only one charter halibut permit, community charter halibut permit, or military charter halibut permit in Area 2C or Area 3A.

Charter halibut permit holders requesting GAF would be required to specify the charter halibut permit to which the GAF permit would be linked on the application for transfer between IFQ and GAF. The link between a GAF permit and a charter halibut permit, community charter halibut permit, or military charter halibut permit could not be changed during that year. If charter vessel anglers retain GAF, the GAF permit and the linked charter halibut permit, community charter halibut permit, or military charter halibut permit must be onboard the vessel on which the GAF halibut are retained, and available for inspection by an authorized enforcement officer.

b. Application for Transfer Between IFQ and GAF by a Community Quota Entity (CQE)

The Application for Transfer Between IFQ and GAF by a Community Quota Entity (CQE) is used to transfer annual IPHC Area 2C or 3A commercial IFQ held by a CQE for use as GAF by a community resident holding one or more CHPs for areas 2C or 3A. In addition, this application may be used to return unused GAF to the CQE from which it was obtained.

♦ A CQE applying for a transfer between IFQ and GAF must be eligible to hold IFQ on behalf of an eligible community in Area 2C or Area 3A and have received NMFS’ notification of approval of eligibility to receive IFQ for that community. In addition,

♦ An individual applying to receive GAF from Area 2C or Area 3A IFQ held by a CQE must be an eligible community resident of the eligible community in whose name the CQE is holding IFQ.

♦ The CQE applying to receive GAF must hold one or more valid community CHPs.

♦ The CQE applying to transfer IFQ to GAF must submit a complete annual report(s) as required by 50 CFR part 679.5(l)(8).

NMFS will not transfer IFQ to GAF after November 1 and will return all unharvested GAF to the CQE on or about November 1 each year.

The CQE is responsible for all cost recovery fees (OMB Control No. 0648-0398) resulting from the GAF harvested as a result of this transfer. Unused GAF will be returned to the CQE from which they were obtained; no fees will be assessed for any unused GAF.

An application for transfer between IFQ and GAF by a CQE is available on the NMFS Alaska Region website at http://alaskafisheries.noaa.gov/ram/default.htm. The application may be submitted by mail or by hand delivery. Electronic submittals will not be accepted, as a notary signature is required.

Applications may be submitted to NMFS as follows:

By mail: NMFS Alaska Region

Restricted Access Management (RAM)

P.O. Box 21668

Juneau, Alaska 99802-1668

By delivery: 709 West 9th Street, Suite 713

Juneau, Alaska 99801

Application for Transfer Between IFQ and GAF by a CQE

Attachments

Completed Application

Copy of IFQ permit (s)

Valid Charter Halibut Permit

Power of Attorney (if applicable)

Identification of proposed transferor

Name and NMFS Person ID of Transferor

Name of Community represented by the CQE

Permanent Business Mailing Address and Temporary Business Mailing Address

Business Telephone No. and Business Fax No

Business E-mail address (if available)

Identification of proposed transferee

Name and NMFS Person ID of Transferee

Name of Community represented by the CQE

Permanent Business Mailing Address and Temporary Business Mailing Address

Business Telephone No. and Business Fax No

Business E-mail address (if available)

Identification of IFQ and/or GAF To be Transferred

IFQ Permit Number

IPHC Area

Charter Halibut Permit Number

GAF Permit Number (only required when GAF is returning to the IFQ permit holder)

Number of GAF

Notarized certification of proposed transferor

Signature and printed name of transferor (or authorized agent) and date signed

If an agent, attach authorization

Signature of notary public, date commission expires, and notary stamp or seal

Notarized Certification of proposed transferee

Signature and printed name of transferee (or authorized agent) and date signed

If an agent, attach authorization

Signature of notary public, date commission expires, and notary stamp or seal

Eighteen Area 2C communities are eligible to each receive up to 4 halibut charter halibut permits at no cost; 14 Area 3A communities are eligible to each receive up to 7 halibut charter halibut permits at no cost. Note that eligibility for community charter halibut permits is conditioned on the fact that the community must be represented by a non-profit community quota entity approved by NMFS. Thus, the number of eligible community entities that would be authorized to engage in GAF transfers is a maximum estimate

Application for Transfer Between IFQ and GAF by CQE, Respondent
Number of respondents 18 Area 2C 14 Area 3A Total annualized responses Frequency of response = 1 Total burden hours Time per response = 2 hr Total personnel costs ($25 x 64) Total miscellaneous costs (91.60) Mail (1.32 x 30 = 39.60) Fax (6 x 2 = 12) Photocopy (.05 x 25pp x 32 = 40)	32 32 64 hr $1,600 $92

Application for Transfer Between IFQ and GAF by CQE, Federal Government
Number of responses Total burden hours Time per response = 30 min Total personnel costs ($25 x Total miscellaneous costs	32 16 $400 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 pre-dissemination 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.

“Fillable” applications are 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.

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.

Two classes of entities are directly regulated by this action:

♦ Guided charter businesses active in IPHC Areas 2C and 3A

♦ CQE-qualified communities and CQE groups formed by those communities in Areas 2C and 3A.

The Small Business Association (SBA) specifies that for marinas and charter/party boats, a small business is one with annual receipts less than $6.0 million. It is possible that the largest of these charter operations, which are lodges, are large entities under SBA standards, but that cannot be confirmed because NMFS does not collect economic data on lodges. All of the eligible communities are considered small entities under the SBA definitions.

Thus, all charter operations regulated by the halibut CSP are considered small entities, based on SBA criteria.

6. Describe the consequences to the Federal program or policy activities if the collection is not conducted or is conducted less frequently.

Unless a mechanism for halibut transfer between sectors (IFQ, charter, subsistence) is established, an environment of instability and conflict in halibut fisheries will continue. The Council identified the following consequences of not having this collection, with respect to the recent growth of halibut charter operations:

♦ The recent growth of charter operations may contribute to overcrowding of productive grounds and declining halibut harvests per unit of effort for historical charter, commercial IFQ, and subsistence fishermen in some areas.

♦ As there is currently no limit on the annual harvest of halibut in the charter fishery, an open-ended reallocation from the commercial IFQ to the charter industry is occurring. This reallocation may increase, if the projected growth of the charter industry occurs. The economic and social impact on the commercial IFQ fleet of this open-ended reallocation may be substantial.

♦ In some areas, community stability may be affected as traditional sport, subsistence, and commercial IFQ fishermen are displaced by charter permit holders. The uncertainty associated with the present situation and the conflicts that are occurring between the various user groups may also impact community welfare.

♦ Information is lacking on the socioeconomic composition of the current charter industry. Information is needed that tracks the effort and harvest of individual charter operations and also tracks changes in business patterns.

7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.

Not applicable.

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, RIN 0648-BA37, coincident with the original submission of this ICR, requesting comments from the public. There were no comments affecting the information collection requirements of this request.

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.

Responses to this information request are confidential under section 402(b) of the Magnuson-Stevens Act as amended in 2006. Responses are also confidential under NOAA Administrative Order 216-100, which sets forth procedures to protect confidentiality of fishery statistics.

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: 1,946 from 909. Estimated total responses: 1,376 up from 433. Estimated total burden hours: 2,256, up from 826. Estimated total personnel costs: $56,425, up from $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 record-keepers resulting from the collection.

Estimated total miscellaneous costs: $5,139 (rounded down to $5,138 in ROCIS), up from $3,337.

14. Provide estimates of annualized cost to the Federal government.

Estimated total burden hours: 721, up from 249. Estimated total personnel costs: $18,925, up from $7,125. Estimated total miscellaneous costs $100,000, up from 0. Estimated initial start-up and administrative costs: $400,000.

15. Explain the reasons for any program changes or adjustments.

This revision is due to a new program, the halibut catch sharing program, integrated into the collection.

Application for transfer between IFQ and GAF

An increase of 911 respondents and responses, 911 instead of 0

An increase of 1,366 hr burden, 1,366 hr instead of 0 hr

An increase of $34,175 personnel costs, $34,175 instead of $0

An increase of $1,710 miscellaneous costs, $1,710 instead of $0 (rounded down to 1,709 in ROCIS).

Application for transfer between IFQ and GAF from a CQE

An increase of 32 respondents and responses, 32 instead of 0

An increase of 64 hr burden, 64 hr instead of 0 hr

An increase of $1,600 personnel costs, $1,600 instead of $0

An increase of $92 miscellaneous costs, $92 instead of $0

Total increases due to this revision: 943 unduplicated respondents, 943 responses, 1,430 hours, $35,775 in personnel costs, and $1,801 in miscellaneous costs.

All other information collections within OMB Control No. 0648-0592 remain the same.

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.

Not applicable.

18. Explain each exception to the certification statement.

Not applicable.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

This collection does not employ statistical methods.

1 Regulatory Amendment for a Catch Sharing Plan For the Pacific Halibut Charter and Commercial Longline Sectors in International Pacific Halibut Commission Regulatory Areas 2C and 3A Environmental Assessment/Regulatory Impact Review/Initial Regulatory Flexibility Analysis, August 9, 2010.

2 Analysis of the ADF&G Saltwater Logbook data, 2004, 2005, and 2008.

3 Regulatory Amendment to Revise Permit Endorsements for Charter Halibut Businesses that Are Qualified to Receive Multiple Permits. Juneau, Alaska. March 2010

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