Download:
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Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules
www.regulations.gov and at the EPA
Region 4 office (please contact the
person identified in the ‘‘For Further
Information Contact’’ section of this
preamble for more information).
IV. Proposed Action
EPA is proposing to approve the
changes to Regulation 1.11, Control of
Open Burning, of the Jefferson County
portion of the Kentucky SIP, submitted
by the Commonwealth on May 30, 2023,
for the reasons discussed above. The SIP
revision updates the current SIPapproved version of Regulation 1.11
(Version 10) to Version 11.
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V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely proposes to approve State
law as meeting Federal requirements
and does not impose additional
requirements beyond those imposed by
State law. For that reason, this proposed
action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
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application of those requirements would
be inconsistent with the CAA.
In addition, the SIP is not proposing
to apply on any Indian reservation land
or in any other area where EPA or an
Indian Tribe has demonstrated that a
Tribe has jurisdiction. In those areas of
Indian country, the rulemaking does not
have Tribal implications and will not
impose substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. EPA defines EJ as
‘‘the fair treatment and meaningful
involvement of all people regardless of
race, color, national origin, or income
with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and
policies.’’ EPA further defines the term
fair treatment to mean that ‘‘no group of
people should bear a disproportionate
burden of environmental harms and
risks, including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The District did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this proposed
action. Due to the nature of the action
being proposed here, this proposed
action is expected to have a neutral
impact on the air quality of the affected
area. Consideration of EJ is not required
as part of this proposed action, and
there is no information in the record
inconsistent with the stated goal of E.O.
12898 of achieving EJ for communities
with EJ concerns.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
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Dated: October 24, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024–25244 Filed 10–30–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 300 and 679
[Docket No. 241025–0279]
RIN 0648–BN18
Fisheries of the Exclusive Economic
Zone off Alaska; Pacific Halibut
Recreational Quota Entity Program Fee
Collection
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
require a charter halibut stamp (stamp)
for charter vessel anglers, age 18 years
or older, for each day and each trip they
intend to catch and retain halibut on a
charter vessel in International Pacific
Halibut Commission (IPHC) regulatory
area 2C (Southeast Alaska) and 3A
(Southcentral Alaska). Persons who
hold charter halibut permits (CHPs)
would purchase stamps, which would
be electronic, from NMFS. Charter
vessel guides would be required to
validate a stamp for each adult charter
vessel angler intending to catch and
retain halibut. NMFS would ultimately
transfer the collected fees from the
stamp purchases to the Recreational
Quota Entity (RQE) to purchase halibut
Quota Share (QS) issued in the Halibut
and Sablefish Individual Fishing Quota
(IFQ) Program on behalf of the charter
halibut fishery. This proposed rule is
necessary to promote stability and
economic viability in the charter halibut
fishery, and is intended to promote the
goals and objectives of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), the Northern Pacific Halibut Act of
1982 (Halibut Act), and other applicable
laws.
DATES: Submit comments on or before
December 2, 2024.
ADDRESSES: A plain language summary
of this proposed rule is available at
https://www.regulations.gov/docket/
NOAA-NMFS-2024-0099. You may
submit comments on this document,
SUMMARY:
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Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules
identified by NOAA–NMFS–2024–0099,
by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Visit
https://www.regulations.gov and type
NOAA–NMFS–2024–0099 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Gretchen Harrington, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS. Mail
comments to P.O. Box 21668, Juneau,
AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of the Regulatory
Impact Review (RIR), and the
Categorical Exclusion prepared for this
action are available from https://
www.regulations.gov or from the NMFS
Alaska Region website.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this proposed
rule may be submitted to NMFS at the
above address and to https://
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
Review—Open for Public Comments’’ or
by using the search function.
FOR FURTHER INFORMATION CONTACT: Kurt
Iverson, 907–586–7228, kurt.iverson@
noaa.gov.
SUPPLEMENTARY INFORMATION:
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Authority for Action
In December 2022, through the
Consolidation Appropriations Act of
2023 (Pub. L. 117–328), the U.S.
Congress (Congress) enacted the Driftnet
Modernization and Bycatch Reduction
Act. Public Law 117–328, 136 Stat.
4459, 5260–61 (Dec. 29, 2022). Section
106 of the Act authorizes the North
Pacific Fishery Management Council
(Council) to recommend, and the
Secretary of Commerce to approve,
‘‘regulations necessary for the collection
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of fees from charter vessel operators
who guide recreational anglers who
harvest Pacific halibut in IPHC
regulatory areas 2C and 3A.’’ Under the
Act, any fees collected shall be available
for (1) financing administrative costs of
the RQE Program; (2) the purchase of
halibut QS in areas 2C and 3A by the
RQE; (3) halibut conservation and
research; and (4) promotion of the
halibut resource by the RQE. This
proposed rule would implement section
106 of the Act.
The IPHC and NMFS manage fishing
for Pacific halibut (halibut,
Hippoglossus stenolepis) through
regulations established under authority
of the Halibut Act. The IPHC adopts
regulations governing the halibut fishery
under the Convention between the
United States and Canada for the
Preservation of the Halibut Fishery of
the North Pacific Ocean and Bering Sea
(Convention), signed at Ottawa, Ontario,
on March 2, 1953, as amended by a
Protocol Amending the Convention
(signed at Washington, DC, on March
29, 1979). For the United States,
regulations developed by the IPHC are
subject to acceptance by the Secretary of
State with concurrence from the
Secretary of Commerce. After
acceptance by the Secretary of State and
concurrence from the Secretary of
Commerce, NMFS publishes notice of
the efficacy of the IPHC regulations in
the Federal Register. On March 18,
2024, NMFS published the IPHC
regulations for the 2024 fishing year.
IPHC regulations affecting sport fishing
for halibut and vessels in the charter
halibut fishery in IPHC regulatory areas
2C (Southeast Alaska) and 3A (South
Central Alaska) may be found in that
final rule (89 FR 19275, March 18,
2024).
Section 5 of the Halibut Act provide
the Secretary of Commerce with general
responsibility to carry out the
Convention and the Halibut Act. In
adopting regulations that may be
necessary to carry out the purposes and
objectives of the Convention and the
Halibut Act, the Secretary of Commerce
is directed to consult with the Secretary
of the department in which the U.S.
Coast Guard is operating, which is
currently the Department of Homeland
Security.
The Halibut Act at 16 U.S.C. 773(c)
also provides the Council with authority
to develop regulations for waters off
Alaska, including limited access
regulations that are in addition to, and
not in conflict with, approved IPHC
regulations. Regulations developed by
the Council may be implemented by
NMFS only after approval by the
Secretary of Commerce. The Council
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exercised this authority in the
development of halibut fishery
management measures, codified at 50
CFR 300.65 through 300.67 and part
600. The Council also developed the
IFQ Program for the commercial halibut
and sablefish fisheries, codified at 50
CFR part 679. Management of halibut in
the IFQ Program is authorized under
section 5 of the Halibut Act.
Background
The Halibut Fisheries in Alaska
The harvest of halibut in Alaska
occurs in three fisheries—the
commercial, sport, and subsistence
fisheries. The commercial halibut
fishery is managed under the IFQ
Program that assigns catch shares to
qualified persons as described at 50 CFR
300.65. Sport fishing for halibut in IPHC
regulatory areas 2C and 3A are subject
to different regulations, depending on
whether those activities are guided (i.e.,
charter) or unguided. The subsistence
halibut fishery is a non-commercial
fishery that provides opportunities for
customary and traditional use of halibut
to Alaska rural residents and members
of qualified Alaska Native Tribes, as
described at 50 CFR 300.65.
The following sections of the
preamble summarize charter halibut
fishery management and aspects of the
commercial halibut IFQ fishery that are
relevant for the proposed RQE Program
fee collection.
Charter Halibut Fishery
Charter fishing is subject to
restrictions under Federal regulations
that are generally more restrictive than
the regulations applicable to unguided
anglers. Charter fishery regulations
apply if a charter vessel guide is
providing sport fishing guide services
for compensation or with the intent to
receive compensation, to a person who
is sport fishing, to take or attempt to
take halibut by accompanying or
physically directing the sport fisherman
in sport fishing activities during any
part of a charter vessel fishing trip.
Throughout this preamble, the terms
‘‘charter fishery’’, ‘‘charter vessel
operator’’, ‘‘charter vessel’’, ‘‘charter
vessel angler’’, ‘‘sport fishing guide
services’’ and ‘‘charter vessel guide’’
refer to the guided sport fishery for
halibut in Alaska. Unguided anglers
typically use their own vessels and
equipment, or they may rent a vessel
and fish with no assistance from a
charter vessel guide.
Over the years, NMFS has developed
specific management programs for the
charter fishery to achieve allocation and
conservation objectives. NMFS has
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developed these programs with the
intent of maintaining stability and
economic viability in the charter
fishery. The first major action was the
Charter Halibut Limited Access Plan
(CHLAP), which established limits on
the number of charter vessel operators
beginning in 2011. Three years later,
NMFS implemented the halibut Catch
Sharing Plan (CSP). The CSP established
annual halibut allocations to the charter
and commercial fisheries that vary with
abundance. It also developed a process
for determining annual management
measures to limit charter harvest to the
annual halibut allocations in IPHC areas
2C and 3A. The CHLAP and the CSP are
summarized below.
Charter Halibut Limited Access Program
NMFS promulgated the CHLAP in
January 2010 (75 FR 554, January 5,
2010). The CHLAP established Federal
CHPs which have been required for
charter vessel guides in the charter
halibut fishery in IPHC regulatory areas
2C and 3A since 2011. The CHLAP is
intended to provide stability in the
charter fishery by limiting the number
of charter vessels operating in areas 2C
and 3A. The CHLAP also issues a
limited number of community charter
halibut permits to Community Quota
Entities (CQE), which are non-profit
corporations representing specified
rural communities, and Military charter
halibut permits to the U.S. Military
Morale, Welfare, and Recreation (MWR)
program for its service members. In
total, for all types of CHPs, NMFS has
issued 1,066 CHPs: 578 in for area 2C
and 488 for area 3A.
Since implementation of the CHLAP,
all charter vessel guides and charter
vessel operators in areas 2C and 3A with
charter vessel anglers on board must
have an original, valid CHP on board
during charter vessel fishing trips on
which halibut are caught and retained.
CHPs are endorsed for a specific IPHC
regulatory area (area 2C or 3A) and the
maximum number of charter vessel
anglers that may catch and retain
halibut on a charter vessel fishing trip.
Charter vessel angler endorsements on
CHPs range from 4 to 38 anglers.
CHPs were issued as either
transferable or non-transferable permits,
depending on the level of participation
of the license applicant during the
qualifying years for the specific IPHC
regulatory area (area 2C or 3A). Nontransferable permits are intended to be
phased out when the individual or
entity that was issued the permit no
longer participates in the charter
fishery. Approximately 25 percent of the
CHPs issued in the combined areas are
non-transferable.
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CHPs may be used by persons other
than the permanent holder (i.e., owner)
of the CHP. Most commonly, this occurs
when a CHP is used by a charter vessel
guide who is an employee of the holder
of the CHP. This is common at sport
fishing lodges which use multiple boats,
fishing guides, and CHPs. In other cases,
a CHP may be temporarily leased, where
the holder of the CHP is compensated
by another party for the use of the
permit. Due to this flexibility, and to
ensure that non-transferable CHPs are
correctly phased-out, a CHP holder must
register their CHP(s) each calendar year
to be valid.
Additional details on the
development and rationale for the
CHLAP can be found in the proposed
rule for the CHLAP (74 FR 18178, April
21, 2009).
Catch Sharing Plan for IPHC Regulatory
Areas 2C and 3A
NMFS implemented the CSP in
January 2014 (78 FR 75844, December
12, 2013). The CSP replaced a Guideline
Harvest Level that was in place from
2004 through 2013 for managing the
charter fisheries in areas 2C and 3A.
Under the CSP, a combined catch limit
for areas 2C and 3A is divided into
separate allocations for the commercial
IFQ fisheries and the charter fisheries,
pursuant to the CSP’s allocation
formulas. The CSP is intended to
balance the differing needs of the
commercial and charter fisheries over a
wide range of halibut abundance.
Additional detail on the development
and rationale for the CSP can be found
in the preamble for the CSP proposed
rule (78 FR 39122, June 28, 2013), and
in the final rule implementing the CSP
(78 FR 75844, December 12, 2013).
Commercial Individual Fishing Quota
Fishery
The commercial halibut fishery off
Alaska is also commonly referred to as
the ‘‘directed halibut fishery.’’ Both the
commercial halibut and sablefish
fisheries off Alaska are managed under
the IFQ Program, which was
implemented in 1993 (58 FR 59375,
November 9, 1993). The IFQ Program
limits access to the commercial directed
halibut fishery to those persons holding
halibut QS in specific management
areas. Halibut QS provides individual
harvesting privileges that are allocated
on an annual basis through the issuance
of IFQ permits. Quota shares are
classified by regulatory area and in one
of four vessel size classes. Additionally,
to constrain consolidation, QS were
initially issued as either blocked or
unblocked units. Persons received their
QS in a block if their QS would have
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resulted in less than 20,000 pounds of
IFQ at initial allocation in 1994.
Blocked QS must be sold as a unit, and
cannot be separated. No person may
hold more than three blocks of halibut
QS in any IFQ regulatory area.
The specific amount of IFQ (in net
pounds) is determined annually for each
IFQ permit holder in a regulatory area
by the number of QS units the person
holds, the total number of QS units
issued in the area, and the total pounds
of halibut allocated to the directed
commercial fishery. Therefore, if the
abundance of halibut decreases, the
catch limit will decrease and,
subsequently, the number of pounds on
a person’s annual IFQ permit also will
decrease.
Regulations allow QS to be transferred
among initial recipients and to other
individuals meeting specific eligibility
requirements. When the initial RQE
Program rules became effective in 2018
(83 FR 47819, September 21, 2018), the
RQE became eligible to receive
commercial halibut QS in IPHC
regulatory area 2C or 3A by transfer.
Process for Setting Annual Management
Measures
The CSP also describes a public
process by which the Council develops
recommendations to the IPHC for
charter fishing regulations (annual
management measures) that are
intended to keep the charter fishery
harvest within the allocations
established for IPHC regulatory areas 2C
and 3A.
Each October, the Council’s Charter
Halibut Management Committee
(Charter Committee) reviews charter
harvest in areas 2C and 3A during the
current year in relation to the charter
halibut catch limit. Staff from the
Alaska Department of Fish and Game
(ADF&G) provide an analysis and
background information used to predict
charter halibut harvest for the upcoming
year under a range of alternative
management measures. These measures
may include those that would directly
restrict the number or size of halibut
that may be retained (e.g., daily bag
limits, trip limits, annual limits, and
size limits), as well as measures that
would indirectly restrict the number of
halibut that may be retained (e.g., day
closures, limits on the number of charter
vessel trips a charter vessel may make,
or a prohibition on harvest by charter
vessel operators, charter vessel guides,
and crew members). After reviewing
this analysis, the Charter Committee
makes specific recommendations on
possible management measures for areas
2C and 3A to be analyzed for the coming
year.
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Each December, the Charter
Committee and the Council review the
completed analysis. The Council
considers the recommendations of the
Charter Committee and also solicits
public comments on the management
measures. Ultimately, the Council
selects management measures to
recommend to the IPHC to keep charter
harvests to within the charter fishery
allocations in the respective regulatory
areas.
At its annual meeting each January,
the IPHC establishes coast wide and
regulatory area mortality limits, which
include mortality from all sources. This
IPHC process also includes adopting
allocation schemes for domestic catch
sharing plans that have been developed
by the respective contracting parties to
the IPHC. Included in this process are
the IPHC’s consideration of the CSP
commercial and charter allocations in
areas 2C and 3A. Along with the CSP
allocations, the IPHC also reviews the
charter halibut management measures
recommended by the Council for areas
2C and 3A, and adopts regulations
designed to keep charter halibut
harvests within their annual allocations
in the respective areas. Once accepted
by the Secretary of State, with the
concurrence of the Secretary of
Commerce, NMFS publishes in the
Federal Register the charter halibut
management measures for each area as
part of its annual management
measures.
Examples of Charter Halibut Annual
Management Measures
As noted above, sport fishing for
halibut in areas 2C and 3A is subject to
different regulations, depending on
whether those activities are guided (i.e.,
charter) or unguided. Charter sport
fishing regulations are generally more
restrictive than the regulations for
unguided anglers. While the unguided
halibut daily bag limit regulations have
remained unchanged for many years
and allow two halibut of any size per
day to be retained, the annual charter
regulations are determined by an
analysis of the performance of previous
years’ charter regulations combined
with predictions of charter angling effort
for the upcoming year. The Charter
Committee seeks to balance effective
harvest restrictions with mitigating
economic harm, by recommending rules
that reflect the differing halibut
allocations for and angler effort in area
2C and area 3A, respectively, and that
will be equitable across the many
different charter business models in area
2C and area 3A.
For example, in area 2C, charter
vessel anglers have been restricted to
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harvesting a bag limit of one halibut per
person, per day since 2009. A daily bag
limit is the maximum number of halibut
a person may retain in any calendar day.
The initial implementation of a onehalibut daily bag limit was intended to
keep charter fishery harvests to
approximately the amount of the
Guideline Harvest Level; then, after
2014, to stay within the allocations
established under the CSP. Over the
years, in addition to the one-fish daily
bag limit, area 2C management measures
have included limits on the maximum
number of fishing lines that may be
deployed from a charter vessel, day of
the week closures, and reverse slot
limits that allow charter vessel anglers
to retain halibut that are either below or
above a specific size range.
In area 3A, a 2-fish daily bag limit
with no size limits was maintained
during the Guideline Harvest Level
years and has been maintained under
the CSP. However, after the CSP became
effective in 2014, the area 3A
management measures have also
employed other restrictions. These
measures have included a maximum
size limit on one of the two retained
halibut, a 4-fish annual limit for each
charter vessel angler, closures to halibut
retention on specific days of the week,
a limit of only 1 charter vessel fishing
trip per day per charter vessel, and a
limit of 1 charter vessel fishing trip in
which halibut are caught and retained
per day for a CHP.
As halibut abundance has decreased
over the last 10 years, and management
measures have generally become more
restrictive in the charter halibut fishery,
this has led to the development of four
programs to allow interested CHP
holders to harvest additional fish to
meet their business needs. These four
programs are discussed below.
Guided Angler Fish Program
As part of the 2014 CSP, NMFS
implemented the Guided Angler Fish
(GAF) Program to authorize limited
annual transfers of commercial halibut
IFQ as GAF to qualified CHP holders.
Using GAF, qualified CHP holders who
are issued a GAF permit may offer
charter vessel anglers the opportunity to
retain halibut up to the limit for
unguided anglers when charter
management measures limit charter
vessel anglers to a more restrictive
harvest limit. For example, if charter
management regulations in area 2C
restrict charter vessel anglers to a 1halibut daily bag limit, a charter vessel
angler could use GAF to retain a second
halibut, bringing the angler’s total
retained amount to 2 halibut—the same
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daily bag limit that applies to unguided
anglers.
NMFS issues GAF in whole numbers
of halibut based on a conversion factor
from IFQ pounds. Conversion factors are
based on the average net weights of GAF
harvested in the applicable IPHC
regulatory area (area 2C or 3A) during
the previous year. Average weight is
determined from data that charter vessel
guides report directly to NMFS.
The GAF Program has three
restrictions on GAF transfers. First, IFQ
holders in area 2C are limited to
transferring up to 1,500 pounds or 10
percent, whichever is greater, of their
initially-issued halibut IFQ for use as
GAF. In area 3A, IFQ holders may
transfer up to 1,500 pounds or 15
percent, whichever is greater, of their
initially-issued halibut IFQ for use as
GAF. Second, no more than 400 GAF
will be assigned during 1 year to a GAF
permit assigned to a holder of a CHP
that is endorsed for 6 or fewer anglers.
Third, no more than a total of 600 GAF
will be assigned during 1 year to a GAF
permit assigned to a holder of a CHP
endorsed for more than 6 anglers. The
restrictions on transfers of GAF are
intended to prevent a particular
individual, corporation, or other entity
from acquiring an excessive share of
halibut fishing privileges as GAF.
The GAF Program is described in
more detail in the proposed rule for the
CSP (78 FR 39122, June 28, 2013).
Community Quota Entity Program
In 2004, the Council revised the IFQ
Program to allow a distinct set of 46
remote Alaska coastal communities to
form non-profit CQEs to purchase and
hold catcher vessel halibut and sablefish
QS in areas 2C, 3A, and 3B (69 FR
23681, April 30, 2004). That action was
implemented to help promote access
and sustained participation by those
communities in the commercial halibut
and sablefish fisheries. The IFQ
resulting from the QS held by CQEs
must be leased (i.e., made available for
fishing) to community residents
annually. Currently, 28 communities
have formed CQEs and have applied for
and been approved to obtain QS by
transfer. Of those 28 CQEs, four have
purchased QS.
CQEs may also apply to NMFS to
participate in the charter halibut fishery
either by purchasing CHPs, or by being
granted community charter halibut
permits, which are similar to CHPs but
are available only to CQEs. To date,
NMFS has issued 48 community charter
halibut permits for area 2C and 63
community charter halibut permits for
area 3A to CQEs. Charter vessel anglers
on vessels using community charter
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halibut permits are subject to the same
annual management measures and other
regulations as other CHP holders.
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Military Morale, Welfare, and
Recreation Program
In addition to granting community
charter halibut permits to CQEs, as
noted above, the CHLAP also granted
CHPs to charter vessels operated by any
MWR program in Alaska. To operate a
charter vessel, the MWR program must
apply to NMFS to obtain a special
military charter halibut permit. Each
military charter halibut permit is non–
transferable and valid only in the
regulatory area designated on the
permit. Currently the Alaska MWR
program has been issued seven military
charter halibut permits. Similar to the
community charter halibut permits
issued to CQEs, the military charter
halibut permits are also subject to the
same annual management measures and
other regulations as other CHP holders.
Recreational Quota Entity Program
The RQE Program was established in
2018 as part of the IFQ Program in IPHC
regulatory areas 2C and 3A. The
program allows the RQE designated by
NMFS to purchase and hold a limited
amount of commercial halibut QS that
would yield pounds of Recreational
Fishing Quota (RFQ). RFQ is the pounds
of halibut issued to a RQE on an annual
basis to supplement the amount of
halibut available for harvest in the
charter halibut fishery (83 FR 47819,
September 21, 2018). The RQE Program
therefore provides a mechanism for
compensated reallocation of a portion of
commercial halibut QS to the charter
fishery, which may result in less
restrictive annual management
measures for the charter fishery.
RQE regulations at § 679.42(f)
establish limits on the amount of QS
that the RQE can receive by transfer
annually and hold in total.
Additionally, the sum of QS held by the
RQE, plus the QS associated with the
charter halibut GAF program, may not
exceed the total QS holding or use
limits allowed in area 2C or 3A,
respectively. RQE regulations at
§ 679.42(f) also limit the specific types
of QS that the RQE may purchase. In
general, the RQE is prohibited from
purchasing smaller commercial
holdings (i.e., ‘‘blocks’’) of commercial
QS as well as QS that is assigned to
smaller vessels (e.g., QS assigned to
vessel category D).
RQE regulations at § 679.40(c) call for
a redistribution of QS under
circumstances when the RQE might
hold ‘‘excess’’ QS. If the RQE holds an
amount of QS that allows charter vessel
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anglers to harvest a daily limit of two
halibut of any size in a regulatory area,
then any poundage the RQE holds over
that amount must be temporarily (for
that fishing year) redistributed from the
RQE back to the commercial fishery.
Fifty percent of the redistributed
poundage would be assigned to
qualifying CQEs in the affected
regulatory area (area 2C or area 3A), and
the remaining 50 percent would be
assigned to catcher vessel QS holders in
the applicable area who hold relatively
small amounts of QS; specifically,
persons who hold not more than 32,333
QS units in area 2C, or 47,469 QS units
in area 3A (the equivalent of 2,000
pounds of IFQ in the respective areas in
2015).
RQE regulations at § 679.41(g)(10)(iv)
also allow the RQE to transfer its QS
back to persons in the commercial
halibut sector. This feature of the
program requires that QS transferred to
the RQE must retain its original vessel
category and block designation.
The RQE is responsible for paying the
IFQ fee liability for all RFQ issued to the
RQE under regulations at § 679.45(a)(2).
NMFS calculates the fee based on the
RFQ pounds issued to the RQE and the
IFQ standard ex-vessel value. To date,
NMFS has not calculated an IFQ fee
liability for the RQE because NMFS has
not issued any RFQ.
RQE Program regulations at §§ 679.5
and 679.41(g) provide monitoring and
transparency provisions. The RQE must
maintain its non-profit and tax-exempt
status and if the RQE entity does not do
so, NMFS would not issue RFQ to the
RQE. The RQE is also required to file an
annual report with the Council by
January 31 to provide details on its
administration and business operations
for each year it holds QS. This report
allows the Council and NMFS to track
the RQE’s development and activities to
provide transparency and
accountability. The RQE is required to
include the following general
information in its annual report: (1) any
changes to the bylaws, board of
directors, or other key management
personnel of the RQE during the
preceding year; (2) amounts and
descriptions of the RQE’s annual
administrative expenses; (3) amounts
and descriptions of funds the RQE spent
on conservation, research, and
promotion of the halibut resource and a
summary of the results of those
expenditures; and (4) amounts and
descriptions of all other RQE expenses.
Additionally, the RQE is required to
submit the following information in its
report by regulatory area: (1) the total
amount of halibut QS by vessel category
and block held by the RQE at the start
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of the calendar year, on October 1, and
at the end of the calendar year; (2) a list
of all transfers (purchases, sales, and
any other transfers) of halibut QS,
including transaction prices if
applicable; and (3) the number of CHPs
and associated charter vessel angler
endorsements purchased and held by
the RQE.
If the RQE holds QS in the previous
year and has not submitted a timely and
complete annual report by the January
31 deadline, NMFS would not approve
any QS transfer nor issue any RFQ until
the RQE submits the report. The RQE
must submit the annual report to both
the Council and to NMFS.
In March 2020, NMFS approved the
application of the Catch Accounting
Through Compensated Halibut (CATCH)
Association to serve as the RQE. CATCH
is currently eligible to purchase and
permanently hold halibut QS, but to
date, CATCH has not received any
halibut QS transfers. More details on the
RQE Program is provided in the RQE
Program proposed (82 FR 46016,
October 3, 2017) and final rules (83 FR
47819, September 21, 2018).
Purpose and Need for This Proposed
Rule
During the development of the RQE
Program, the Council did not
recommend a specific means to fund the
RQE’s purchase of commercial halibut
QS or to pay for other RQE expenses
because NMFS did not have the
statutory authority to develop such
rules. Under existing regulations, the
RQE could administer its own means of
generating funds to purchase
commercial halibut QS. However, the
RQE has not done so because the
current regulations do not allow CHP
holders or their charter vessel anglers
who do not contribute to the RQE to be
excluded from accessing the additional
pounds of halibut available through
RQE halibut QS holdings. Without an
enforceable mechanism requiring all
CHP holders to contribute money to the
RQE, there would likely be charter
fishing businesses that would benefit
from, but not contribute to, the expenses
of the RQE.
Based on the above findings, the
Council agreed that a regulatory
program would be necessary to establish
a fee imposed on all CHP holders to
fund RQE QS purchases. From 2019
through 2022, Congress considered
legislation that would grant NMFS
authority to establish such a program.
As Congress developed this legislation,
the Council simultaneously began the
analytical process to examine the
administrative requirements necessary
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to implement an RQE Program fee
collection.
As the Council analyzed alternatives
for an RQE Program fee collection, the
Council stated that its principal
objective was to complete the
development of the RQE Program so that
it is fully functional. The Council
indicated that would require the RQE to
have access to sufficient funds to
purchase meaningful amounts of
commercial halibut QS and that
enforceable rules would be necessary to
establish a fee collection system that
was fair and reasonable to all
participants. A functioning RQE
Program is intended to promote longterm efficiency in the use of the halibut
resource by allowing compensated
transfers of QS between commercial QS
holders and the charter fishery, through
the RQE, under a ‘‘willing buyer and
willing seller’’ approach.
The Council, in April 2022,
recommended to the Secretary a stamp
program to fund the RQE as its preferred
alternative. The program would require
a stamp for anglers to sport fish from
charter vessels, and the fees from selling
the stamps would fund the RQE’s
purchase of halibut QS. Part of the
Council’s rationale for recommending a
stamp as a funding mechanism for the
RQE to the Secretary is that it would
achieve equity among CHP holders (i.e.,
charter fishing businesses would pay
fees that are proportional to the number
of charter vessel anglers that the
business serves). Additionally, the
Council noted that the stamp concept is
used to access other fishing and hunting
opportunities and should be familiar to
sport fishing anglers, and therefore may
increase acceptance of the fee.
As noted above, the Driftnet
Modernization and Bycatch Reduction
Act authorizes the Council to
recommend, and the Secretary of
Commerce to approve, regulations that
would collect fees from CHP holders to
provide funding to the RQE. NMFS
developed these regulations and the
necessary mechanisms to implement the
RQE Program fee collection. In October
2024, the Council modified its
recommendations from April 2022 to
address NMFS’ specific recommended
revisions to the earlier motion to clarify
a simple and secure method of fee
collection and adopt a single fee for
halibut stamps instead of a tiered fee
approach. Both changes maintain the
overall intent for the program. These
October 2024 recommendations are
incorporated into this proposed rule and
are discussed further below.
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This Proposed Rule
Summary of the Proposed Rule
NMFS proposes regulations that
would require a stamp for all charter
vessel anglers 18 years of age or older
for each calendar day they intend to
catch and retain halibut on a charter
vessel in IPHC regulatory areas 2C and
3A. The proposed fee for the daily
stamp would be $20.00. The proposed
regulations specify that the stamps
would be obtained from NMFS and paid
for by CHP holders who also hold a
valid registration with ADF&G to
provide sport fishing guide services in
Alaska on saltwater. All CHP holders
would be subject to these regulations,
including CQEs and MWR programs
holding any type of CHP. The stamps
would be electronic. CHP holders would
be able to log in to their CHP holder
account to purchase stamps at any time
and in any quantity. After the CHP
holder purchases the stamps, they
would be held in secure, individual
CHP holder accounts that would be
maintained by NMFS. Stamps would
reside in the account indefinitely until
they are debited by the stamp validation
process discussed below.
NMFS proposes that charter vessel
guides, as defined at § 300.61, would be
responsible for the validation of the
stamps. Stamp validation means the
action of the charter vessel guide to
record the number of stamps that are
required for a particular charter vessel
fishing trip in the ADF&G saltwater
charter logbook (ADF&G logbook).
Validation would occur on ADF&G
logbooks before each charter vessel
fishing trip begins. A charter vessel
guide will need to validate one stamp
for each angler on board the charter
vessel who intends to catch and retain
halibut on that day. Current ADF&G
regulations require charter vessel guides
to upload or otherwise send their
completed ADF&G logbook information
to ADF&G on a regular schedule. The
stamp validation information uploaded
from ADF&G logbooks would be shared
with NMFS. NMFS would compare
stamp validation information from the
ADF&G logbook with the individual
CHP holder accounts. In this way, CHP
holder accounts would contain a record
of stamp purchases and validations. For
example, if a logbook indicated that a
total of 5 charter halibut stamps were
required for a given trip, NMFS would
look to the CHP holder’s account to
verify that 5 stamps had been purchased
to cover the stamps that were indicated
as validated in the ADF&G logbook.
CHP holders would be responsible for
maintaining their accounts so that
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86777
stamp validations do not exceed stamp
purchases at the end of a fishing year.
NMFS would transfer the collected
stamp fees to a specific fund in the
Federal Treasury, currently referred to
as the RQE Fund, which has been
created by Congress. From this account,
Congress may make the money available
to NMFS, to be used for the four
purposes as specified in the Driftnet
Modernization and Bycatch Reduction
Act and described above. For the
promotion of the halibut resource and
the purchase of IFQ shares in IPHC
areas 2C and 3A, NMFS intends to issue
funds to the RQE through periodic
grants. NMFS will also finance the
administrative costs of the RQE program
and support the halibut conservation
and research with monies collected
from the program and transferred from
the RQE Fund to NMFS.
Charter Halibut Stamp Accounts
Under these proposed regulations,
NMFS would administer the fee
collection and issue stamps to CHP
holders through a NMFS-approved
system. Currently, NMFS maintains an
online platform, eFish, that is accessed
by Alaska fishery participants for a
variety of purposes, including the
annual registration of CHPs, recording
the harvest of GAF, and paying business
fishery fees. This platform is secure.
NMFS intends to use this platform to
allow CHP holders to create online
accounts for purchasing stamps. The
stamps would not be year-specific. If
they are not used in a given fishing year,
they would carry over to the next
fishing year. Post-season reimbursement
of purchased stamps would not be
authorized. Further discussion on this
subject is provided below.
Each CHP holder, who holds one or
more CHPs, would be responsible for
creating an eFish online account and
ensuring that fees are paid for the
stamps. All CHPs held by a CHP holder
would be added to a single eFish
account, allowing stamps to be used
freely across all CHPs on that account.
For military charter halibut permits, the
MWR would be considered the CHP
holder. For community charter halibut
permits, the CQE would be considered
the CHP holder. Stamps would remain
in the account until they are validated
and debited from the account (i.e., until
they are used). If the CHP is sold, the
CHP holders would be held responsible
for stamp validations that occurred
during their respective periods of
ownership. CHP holders would also be
responsible for ensuring that the
number of validated stamps from
charter vessels that used their CHP does
not exceed the number of stamps that
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have been purchased in a given fishing
year. In situations where a person holds
more than one CHP, the stamp
purchases and validations would be
pooled across all of the person’s CHPs.
If an uncorrected deficit of stamps exists
from the previous fishing year for one or
more CHPs, all other associated CHPs in
that eFish account would be considered
delinquent as well.
CHPs are commonly leased, and the
charter vessel guide who leases, or
otherwise uses, the CHP may not be the
person who holds (i.e., owns) the CHP.
NMFS proposes that the CHP holder
would be the person responsible for
ensuring that an adequate number of
stamps has been purchased to cover the
number of stamp validations that are
made by any person who leases, or
otherwise uses, the CHP. This is
consistent with other NMFS regulations,
such as cost recovery fees, where fees
are required to access fishing rights, and
those rights may be leased to other
persons. For example, IFQ lessees are
not liable for IFQ program fees. The QS
holder/lessor is responsible for fee
payment.
If the number of stamp validations
exceeds the number of stamps
purchased on a CHP holder account,
under these proposed regulations NMFS
would notify the CHP holders and give
them the opportunity to reconcile the
account payments prior to the annual
fee payment deadline. Should a CHP
holder disagree that their account
reflects a purchase and validation
imbalance, they would have the right to
request a hearing and at such a hearing
to present evidence to support their
position. If NMFS ultimately determines
that an account purchase and validation
imbalance has not been reconciled for
the previous fishing year, NMFS may
suspend the use and transfer of any
CHPs associated with the CHP holder
account and may refer the issue to
proper authorities for collection.
Charter Stamp Transferability
As discussed above, once purchased,
the stamps would be linked to the eFish
account of the CHP holder who
purchased them. Stamps would not
expire and, if they have not been
validated by the end of the fishing year,
they would roll over into the next
fishing year. If a CHP is revoked or
invalidated, the stamps would remain
linked to the account that held that
CHP. Should another valid CHP be
transferred to the person, or entity,
associated with that eFish account, the
stamps would be available for use by the
valid CHP.
NMFS considered, but decided
against, allowing for the transfer and
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reimbursement of purchased stamps.
Given the purchase-as-needed flexibility
built into the RQE Program fee
collection, NMFS determined that
allowing stamp transfers and
reimbursements would serve limited
purposes and materially increase the
complexity and administrative costs
associated with fee collection without
proportionate benefits. The proposed
RQE Program fee collection allows CHP
holders to purchase stamps at any time
during the season, allowing CHP
holders to maintain an operable amount
of stamps without the need to stockpile
stamps. Additionally, CHP holders
could reconcile stamp deficits prior to
the end of the fishing year without
penalty. If a CHP holder is uncertain of
how many stamps they may need to use,
or how much longer a non-transferable
CHP is valid, they would be able to
monitor their eFish CHP holder account
and purchase stamps in small
increments throughout the fishing year
as needed. A surplus of stamps
associated with a CHP that will not be
used by the CHP holder in the
foreseeable future, the CHP holder could
enter into private business agreements
and lease their CHP to deplete
previously purchased stamps prior to
the formal transfer of the CHP to a new
holder.
Intention To Catch and Retain Halibut
NMFS proposes that charter vessel
anglers who intend to catch and retain
halibut must have a stamp assigned to
them by the charter vessel guide, and
that the stamp must be validated before
the charter vessel begins a charter vessel
fishing trip on a fishing day. The charter
vessel guide is responsible for ensuring
that each angler intending to catch and
retain halibut has a validated stamp.
The individual angler is, in contrast, not
responsible for purchasing, possessing,
or validating the stamp that is otherwise
associated with the angler’s intention to
catch and retain halibut.
When considering what defines intent
to catch and retain halibut, the
Council’s motion aligns with the
ADF&G king salmon stamp, which is a
requirement for Alaska anglers ‘‘who
fish for king salmon.’’ NMFS
understands there may be charter vessel
fishing trips where charter vessel
anglers do not intend to retain a halibut;
for example, the anglers may decide to
fish for other bottom fish on a day when
halibut retention is not allowed. In that
case, a stamp would not be required.
There may be other occasions when a
charter vessel angler catches a halibut
unintentionally (e.g., while fishing for
salmon). Under these circumstances, if
the charter vessel angler was assigned a
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stamp on that day prior to departing on
the charter vessel fishing trip, they
would be allowed to retain the halibut;
otherwise, the halibut would have to be
released.
Age Limit on Requirement for Charter
Halibut Stamps
NMFS proposes to exempt charter
vessel guides from validating stamps for
youth anglers, specifically minors under
Alaska State law. The rationale for
requiring stamps be validated only for
anglers 18 years or older is consistent
with analogous State of Alaska licensing
requirements that require a king salmon
stamp for all anglers 18 years or older.
Charter Halibut Stamp Validation
NMFS proposes, requiring that stamps
be validated before each charter vessel
fishing trip begins, and that charter
vessel guides would be responsible for
the validation of the stamps. For a given
charter vessel fishing trip, a stamp
would be valid from the time that it is
validated, Alaska local time, through
2400 on the calendar day for which it
was validated, Alaska local time, and
would not be transferable between
charter vessel anglers nor allowed to be
used on any other charter vessel fishing
trip. For the purposes of stamps, a
charter vessel fishing trip that spans
multiple days would treat each calendar
day as an individual charter vessel
fishing trip, meaning that a stamp
would need to be validated for each
angler on each calendar day. In the case
of a charter vessel angler who goes on
multiple charter vessel fishing trips in
one calendar day, a stamp would be
required to be validated for that angler
for each charter fishing trip.
A charter vessel fishing trip, as
defined at § 300.61, begins with the first
deployment of fishing gear into the
water from a charter vessel by a charter
vessel angler. Federal regulations
require charter vessel guides to enter the
name and sport fishing license number
of each charter vessel angler in the
ADF&G logbooks their business was
assigned before a trip begins. Charter
vessel guides would use the ADF&G
logbook to validate the number of
stamps that are needed for that charter
trip at that same time. Pre-trip
validation would also be an
enforcement feature in that it would
prevent charter vessel guides from
opportunistically validating stamps only
when they anticipate being contacted by
law enforcement. Currently, NOAA
Office of Law Enforcement inspections
of charter vessels routinely include an
inspection of the charter vessel’s
ADF&G logbook. The presence or
absence of validated stamps for each
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charter vessel angler in the ADF&G
logbooks would be an efficient, nonintrusive means to ensure compliance
with stamp requirements.
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The Fee for Charter Halibut Stamps
After soliciting comments in a public
outreach process, and analyzing tiered
fees more closely, NMFS and the
Council recommended a single, $20.00
fee. The $20.00 fee would apply to each
day that a stamp is required for a charter
vessel angler who intends to catch and
retain halibut. The $20.00 fee is
expected to provide the RQE Program
with meaningful funding to benefit the
entire charter halibut fishery and
halibut resource while limiting the cost
burden experienced by the individual
CHP holders that would pay the fee.
Section 3.5.1.2 of the RIR describes
expected fee collections across a range
of stamp prices (see ADDRESSES). It is
uncommon for a charter vessel angler to
undertake multiple charter halibut
fishing trips in a single day. Including
the ability for a charter vessel angler to
use a single stamp across multiple
charter vessel fishing trips in a single
day would add significant cost and
complexity to the administration and
enforcement of stamps for a situation
that does not occur often. As such, a
stamp is required for each charter vessel
angler intending to catch and retain
halibut for each charter vessel fishing
trip in a day.
The Council and NMFS considered,
but did not select, a tiered fee structure
for several reasons. The Council’s
original motion in April 2022 called for
a tiered fee structure for stamps, which
would provide a discount for stamps
that are valid for multiple days of
halibut fishing. The motion called for a
$20.00 daily fee for persons who fish
one or two days, $40.00 for persons who
fish up to three days, and $60.00 for
persons who fish seven or more days.
Although tiered fees are common among
other State of Alaska stamps and
licenses, all the State of Alaska tiered
fees that were analyzed for this action
are linked to a specific person and must
be purchased by the actual license
holder. Additionally, during the
outreach process, CHP holders pointed
to a lack of equity among fishing
businesses if tiered fees were
implemented. Operations that cater
almost exclusively to one or two-day
trips would be responsible for paying
fees at the highest level, while other
operations that log the same number of
angler days, but whose guests tend to
fish for three or more days, would
contribute proportionately less to the
RQE.
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Finally, NMFS and the Council
identified concerns with the cost and
complexity of administering tiered fees,
where electronic stamps and their
respective validation dates would have
to be tied to individual anglers over
multiple days. The burden to issue
unique stamps and track their use for
individual anglers would likely be
particularly difficult among large
operations where guests commonly fish
for varying numbers of days and move
between boats during their stay, or to
accommodate anglers who change their
intentions for halibut fishing daily.
Compared with a single-fee approach,
this added administrative complexity
would significantly undermine the
Council’s and NMFS’s goal of enacting
a simple, inexpensive fee collection
strategy. Given the trade-offs of greater
complexity, higher costs, information
collection burdens, and equity in fee
collections, the Council revised its
recommendation to endorse a single
$20.00 fee and NMFS proposes a singlefee approach to issuing stamps.
Changes to the Fee
Under this proposed rule, the RQE
could petition NMFS to increase,
decrease, or suspend the fee for the
stamp beginning in 2028. The fee for the
stamp could not increase by more than
10 percent of the fee in the previous
fishing year. After 2028, NMFS would
provide the Council with an update on
any fee increase requests and any fee
increases would be implemented in
regulations. The limitation on fee
increases, including the limitation on
changes to the fee prior to 2028, was
recommended by the Council to protect
the interests of CHP holders who might
be concerned with significant, and
immediate, fee increases.
NMFS also proposes regulations that
would allow for suspension of the
stamp requirement and fee collection, if
necessary. As noted in this preamble,
the RQE has limits on the amount of
commercial halibut QS it may purchase.
The proposed regulations would
authorize NMFS to temporarily or
permanently suspend fee collection if a
petition from the RQE is received.
Additionally, NMFS proposes
regulations that would allow the
Regional Administrator to suspend the
stamp requirement if the RQE is
determined to be out of compliance
with regulations, the RQE’s own bylaws, or other applicable law; the
Regional Administrator approves a
petition by the RQE to suspend the RQE
fee collection; or Congress no longer
provides authorization for the Secretary
of Commerce to collect and spend the
fees.
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NMFS also proposes regulations that
would prohibit charter vessels from
fishing for halibut in IPHC area 2C or 3A
unless the charter vessel guide has
validated a stamp for all charter vessel
anglers 18 years or older who are on
board the charter vessel and who intend
to catch and retain halibut for each
charter vessel fishing trip on that day.
Additionally it would be prohibited to
validate a stamp after the charter vessel
fishing trip has begun, validate a stamp
if the charter vessel guide does not have
a valid CHP, or be a charter halibut
permit holder and fail to purchase or
hold a number of charter halibut stamps
equal to or greater than the number of
charter halibut stamp validations that
were performed in a given fishing year.
Classification
The NMFS Assistant Administrator
has determined that this proposed rule
is consistent with section 106 of the
Driftnet Modernization and Bycatch
Reduction Act, the Magnuson-Stevens
Act, the Halibut Act, and other
applicable law, subject to further
consideration of comments received
during the public comment period.
This proposed rule has been
determined to not be significant for the
purposes of Executive Order 12866.
Regulatory Impact Review (RIR)
An RIR was prepared to assess costs
and benefits of available regulatory
alternatives. A copy of this analysis is
available from NMFS (see ADDRESSES).
NMFS recommends this proposed rule
based on its assessment of the net
benefits to the Nation of these measures.
Specific aspects of the economic
analysis are discussed below in the
Initial Regulatory Flexibility Analysis
(IRFA) section.
Initial Regulatory Flexibility Analysis
This IRFA was prepared for this
proposed rule, as required by section
603 of the Regulatory Flexibility Act
(RFA) (5 U.S.C. 603), to describe the
economic impact this proposed rule, if
adopted, would have on small entities.
This IRFA describes the action; the
reasons why this proposed rule is
proposed; the objectives and legal basis
for this proposed rule; the number and
description of directly regulated small
entities to which this proposed rule
would apply; the recordkeeping,
reporting, and other compliance
requirements of this proposed rule; and
the relevant Federal rules that may
duplicate, overlap, or conflict with this
proposed rule. This IRFA also describes
significant alternatives to this proposed
rule that would accomplish the stated
objectives of the Magnuson-Stevens Act,
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and any other applicable statutes, and
that would minimize any significant
economic impact of this proposed rule
on small entities. The description of the
proposed action, its purpose, and the
legal basis are explained above in the
SUPPLEMENTARY INFORMATION section of
this proposed rule and are not repeated
here.
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
The Small Business Administration has
established a small business size
standard applicable to charter fishing
vessels (North American Industry
Classification System (NAICS) code
487210; size standards effective
11.17.2022) of 14 million dollars.
Number and Description of Small
Entities Regulated by This Proposed
Rule
This action requires a charter halibut
stamp for each charter vessel angler, 18
years of age or older, for each day and
each charter vessel fishing trip on which
the charter vessel angler intends to
catch and retain halibut on a charter
vessel in IPHC regulatory area 2C or 3A.
Charter vessel guides, as defined at
§ 300.61, would be obligated to ensure
that there are validated stamps for each
charter vessel angler fishing for halibut
on a charter vessel. CHP holders would
be ultimately responsible for purchasing
a sufficient quantity of stamps each
fishing year.
Thus, for RFA purposes, those entities
that are directly regulated by the action
are operators of charter halibut
businesses (i.e., Sportfishing Guide
Business Owners), charter vessel guides,
CHP holders (including CHPs issued
under the CQE and MWR programs),
and the RQE. The thresholds applied to
determine if an entity or group of
entities is considered a ‘‘small’’ business
under the RFA depends on the industry
classification for the entity or entities.
The ADF&G logbook data shows that
between 2017 and 2022 there were as
many as 478 charter halibut businesses,
with the low count of 342 occurring in
2021. The most recent data available
shows 368 directly regulated charter
halibut businesses in 2022. The count of
directly regulated charter halibut guides
was lowest in 2020, at 820 and highest
in 2019 when 1,240 charter vessel
guides participated in the affected
fishery. Data for the most recent year,
2022, identified 1,037 directly regulated
charter vessel guides. Guides that are
employees of charter halibut businesses
are not directly regulated entities under
the RFA. However, guides that are
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independent contractors are directly
regulated by this action and would be
considered directly regulated entities
under the RFA.
There is no annual census data
collection of gross revenues for charter
businesses or guides with which to
compare to the $14 million threshold. A
voluntary Alaska Saltwater Sport
Fishing Charter Business Survey has
been conducted by the Alaska Fisheries
Science Center, which has gathered
information on expenses, revenues, and
business characteristics for the 2011,
2013, 2015, and 2017 fishing years. As
demonstrated in the most recent Cost
and Earnings Report, as detailed in the
RIR for this action, the mean gross
revenue for the population of charter
businesses was between $200,894 (in
2012) and $302,609 (in 2013). These
estimates are based on self-reported
sales and revenues of charter trips (not
necessarily charter vessel fishing trips
for halibut) and include client referrals/
booking commission revenue as well as
revenue accrued by leasing a CHP.
These estimates do not account for
values derived from additional
accommodations or food/beverage
service.
Based on the difference between the
Small Business Administration (SBA)
threshold ($14 million) and the mean
revenue for charter businesses reported
in the RIR, the available evidence
indicates that all directly regulated
businesses and associated charter
halibut guides are considered ‘‘small.’’ If
a business was large enough, potentially
including lodging and multiple
recreational activities, it is possible it
could exceed the SBA threshold.
However, there is no data to identify if
or how many businesses may fit into
this category, thus all businesses are
considered ‘‘small.’’
Moreover, there is no available data to
determine the relationship charter
guides have to the business (e.g., owner/
operator, hourly or salaried employee,
contracted partnership, etc.). However,
given the relative difference between
estimated gross revenue at the business
level and the $14 million threshold,
those guides that represent a separate
entity are very likely still considered a
small entity by SBA standards.
Similarly, CQEs, MWRs and the RQE are
considered to be small entities due to
their relationship to the charter fishery.
Analysis of the QS purchase limitations
of one percent annually and ten percent
total are estimated to produce total
value of just over $2 million in annual
revenue by year ten in IPHC regulatory
area 2C, and approximately $5.6 million
in total value annual value after ten
years in IPHC regulatory area 3A. Thus,
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the CQE and RQE entities are
considered to be directly regulated
small entities.
Description of Significant Alternatives
That Minimize Adverse Impacts on
Small Entities
The action alternative analyzed two
options for funding the RQE. The first,
and the basis of this action, is the stamp
paid for by CHP holders with the stamp
fees potentially passed on to individual
charter vessel anglers. The second
alternative is an annual CHP holder fee
collection. Note that charter vessel
anglers are considered individuals and
not directly regulated small entities
under the RFA definition. However, as
demonstrated in this IRFA, based on the
information that is available, all charter
halibut businesses and charter vessel
guides are considered to be directly
regulated small entities. Charging an
annual CHP holder-based fee that did
not vary depending on the number of
charter vessel anglers served may
disproportionately impact some directly
regulated small entities. The stamp
method of fee collection would utilize a
market-based approach to fund the RQE
that is proportional to each CHP
holder’s use of the resource. There
would be costs associated with this
action; however, development of the
administrative elements of this action
selected options designed to maximize
efficiency and benefits to the directly
regulated entities. These choices
include allowing holders of multiple
CHPs to pool their stamps for use on
any of those CHPs, rolling unused
stamps over to the next fishing year,
disallowing transfers of stamps, and
utilizing preexisting electronic systems
for purchasing stamps. Furthermore,
this action was supported by charter
halibut fishery stakeholders. The
analysis of benefits of the stamp fee
collection funding mechanism indicates
that this is a generally beneficial action
in that it provides individual charter
vessel anglers with potential
opportunities for eased restrictions on
halibut retention and greater business
opportunities for charter halibut
businesses and charter vessel guides.
Thus, based upon the best available
scientific data, it appears that there are
no significant alternatives to the action
that have the potential to accomplish
the stated objectives of the section 106
of the Driftnet Modernization and
Bycatch Reduction Act, the MagnusonStevens Act, the Halibut Act, and any
other statutes, and minimize any
significant adverse economic impact of
the action on small entities while
preventing overfishing.
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Duplicate, Overlapping, or Conflicting
Federal Rules
NMFS has not identified any
duplication, overlap, or conflict
between this proposed rule and existing
Federal rules.
lotter on DSK11XQN23PROD with PROPOSALS1
Recordkeeping, Reporting, and Other
Compliance Requirements
This proposed rule contains a
collection-of-information requirement
subject to review and approval by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act (PRA). This proposed rule revises
the existing requirements for the
collection of information for OMB
Control Number 0648–0575 (Alaska
Halibut Fisheries: Charter) by adding
the purchase of charter halibut stamps,
adding one new field to the existing
ADF&G logbook to record the number of
stamps validated on each charter vessel
fishing trip, and adding appeals for an
Initial Administrative Determination
(IAD) received for incomplete payment
of the charter halibut stamp fee liability.
NMFS expects that every CHP holder
would purchase stamps at least once per
season, and likely at some periodic
monthly or weekly interval. This
proposed rule would not change the
number of respondents or the responses
for the ADF&G logbook. The ADF&G
logbook is already completed for every
charter vessel fishing trip, and the
stamp validation field would be
required to be completed for every
charter vessel fishing trip that intends to
catch and retain halibut. These
information collections are necessary to
collect fees, and administer, and enforce
the RQE Program that was requested by
the charter halibut fishery stakeholders.
Public reporting burden is estimated to
average 5 minutes to purchase charter
halibut stamps; 5 minutes for the
ADF&G logbook, which includes 1
minute for completing the additional
field in the logbook; and 4 hours for
appeals. The public reporting burden
includes the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Public comment is sought regarding:
whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
the accuracy of the burden estimate;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information,
including through the use of automated
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17:19 Oct 30, 2024
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collection techniques or other forms of
information technology. Submit
comments on these or any other aspects
of the collection of information at
https://www.reginfo.gov/public/do/
PRAMain. Notwithstanding any other
provisions of the law, no person is
required to respond to, nor shall any
person be subject to a penalty for failure
to comply with, a collection of
information subject to the requirements
of the PRA, unless that collection of
information displays a currently valid
OMB Control Number.
List of Subjects
50 CFR Part 300
Administrative practice and
procedure, Antarctica, Canada, Exports,
Fish Fisheries, Fishing, Imports,
Indians, Labeling, Marine resources,
Reporting and recordkeeping
requirements, Russian Federation,
Transportation, Treaties, Wildlife.
50 CFR Part 679
Alaska, Fisheries, Reporting and
recordkeeping requirements.
Dated: October 25, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR parts 300 and 679 as follows:
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
Subpart E—Pacific Halibut Fisheries
1. The authority citation for part 300,
subpart E, continues to read as follows:
■
Authority: 16 U.S.C. 773–773k.
2. Amend § 300.61 by revising the
definitions of ‘‘Charter halibut permit,’’
‘‘Charter vessel,’’ ‘‘Charter vessel
angler,’’ ‘‘Charter vessel fishing trip,’’
and ‘‘Charter vessel guide’’ to read as
follows:
■
§ 300.61
Definitions.
*
*
*
*
*
Charter halibut permit means a permit
issued by the National Marine Fisheries
Service pursuant to § 300.67, and
subject to requirements in §§ 300.65,
300.66, and 300.67 and 50 CFR 679.7(q)
and 679.46.
Charter vessel, for purposes of
§§ 300.65, 300.66, and 300.67 and 50
CFR 679.7(q) and 679.46, means a vessel
used while providing or receiving sport
fishing guide services for halibut, and,
for purposes of § 300.63, means a vessel
used for hire in recreational (sport)
fishing for Pacific halibut, but not
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86781
including a vessel without a hired
operator.
Charter vessel angler, for purposes of
§§ 300.65, 300.66, and 300.67 and 50
CFR 679.7(q) and 679.46, means a
person, paying or non-paying, receiving
sport fishing guide services for halibut.
Charter vessel fishing trip, for
purposes of §§ 300.65, 300.66, and
300.67 and 50 CFR 679.7(q) and 679.46,
means the time period between the first
deployment of fishing gear into the
water from a charter vessel by a charter
vessel angler and the offloading of one
or more charter vessel anglers or any
halibut from that vessel.
Charter vessel guide, for purposes of
§§ 300.65, 300.66, and 300.67 and 50
CFR 679.7(q) and 679.46, means a
person who holds an annual sport
fishing guide license or registration
issued by the Alaska Department of Fish
and Game, or a person who provides
sport fishing guide services.
*
*
*
*
*
■ 3. Amend § 300.65 by revising
paragraphs (d)(1)(ii) and (d)(4)(ii)(B)
introductory text and adding paragraph
(d)(4)(ii)(B)(11) to read as follows:
§ 300.65 Catch sharing plan and domestic
management measures in waters in and off
Alaska.
*
*
*
*
*
(d) * * *
(1) * * *
(ii) The charter vessel guide is
responsible for complying with the
reporting requirements of this paragraph
(d) and 50 CFR 679.46. The person
whose business was assigned an Alaska
Department of Fish and Game Saltwater
Sport Fishing Charter Trip Logbook is
responsible for ensuring that the charter
vessel guide complies with the reporting
requirements of this paragraph (d) and
50 CFR 679.46.
*
*
*
*
*
(4) * * *
(ii) * * *
(B) Charter vessel guide requirements.
If halibut were caught and retained in
Commission regulatory area 2C or 3A,
the charter vessel guide must record the
following information (see paragraphs
(d)(4)(ii)(B)(1) through (10) of this
section and 50 CFR 679.46) in the
Alaska Department of Fish and Game
Saltwater Charter Logbook:
*
*
*
*
*
(11) Validation of charter halibut
stamps. The charter vessel guide is
responsible for complying with the
charter halibut stamp validation
requirements at 50 CFR 679.46.
*
*
*
*
*
■ 4. Amend § 300.67 by revising
paragraph (a)(1) to read as follows:
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Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Proposed Rules
§ 300.67 Charter halibut limited access
program.
*
*
*
*
*
(a) * * *
(1) Requirements. In addition to other
applicable permit, licensing, or
registration requirements, any charter
vessel guide of a charter vessel during
a charter vessel fishing trip with one or
more charter vessel anglers catching and
retaining Pacific halibut on board must
have on board the vessel an original
valid charter halibut permit or permits
endorsed for the regulatory area in
which the charter vessel is operating
and endorsed for at least the number of
charter vessel anglers who are catching
and retaining Pacific halibut. Each
charter halibut permit holder must
ensure that the charter vessel operator
and charter vessel guide of the charter
vessel comply with all requirements of
§§ 300.65 and 300.66, this section, and
50 CFR 679.46.
*
*
*
*
*
§ 679.2
Definitions.
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447; Pub. L.
111–281.
If program permit or card type is:
Permit is in effect from issue date through the end of:
For more information, see . . .
*
*
(xv) * * * ...........................................................
(A) Charter halibut permit .................................
*
*
*
....................................................................................................
Until expiration date shown on permit .......................................
*
(B) Community charter halibut permit ...............
Indefinite unless invalidated under § 679.46(a)(1)(vi)(D) ...........
(C) Military charter halibut permit .....................
Indefinite unless invalidated under § 679.46(a)(1)(vi)(D) ...........
5. The authority citation for part 679
continues to read as follows:
■
*
*
*
*
*
*
*
*
8. Amend § 679.7 by adding paragraph
(q) to read as follows:
■
§ 679.7
Prohibitions.
*
*
*
*
*
(q) Recreational Quota Entity
Program. (1) Be a charter vessel guide
and use a charter vessel to fish for
Pacific halibut in IPHC regulatory area
2C or 3A unless the charter vessel guide
has completed a charter halibut stamp
validation for each charter vessel angler
who is 18 years or older on board the
charter vessel and intends to catch and
retain Pacific halibut for each charter
vessel fishing trip on that day.
(2) Be a charter vessel guide and
perform a charter halibut stamp
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17:19 Oct 30, 2024
*
described at § 679.46, the charter vessel
guide, as defined at § 300.61 of this title,
recording the number of charter halibut
stamps required for each charter vessel
fishing trip the charter vessel guide
provides sport fishing guide services, as
defined at § 300.61, in the ADF&G
saltwater charter logbook that is
required by § 300.65(d) of this title.
Charter vessel (see § 300.61 of this
title).
Charter vessel angler (see § 300.61of
this title).
Charter vessel fishing trip (see
§ 300.61 of this title).
Charter vessel guide (see § 300.61 of
this title).
*
*
*
*
*
Community charter halibut permit
(see § 300.61 of this title).
*
*
*
*
*
Military charter halibut permit (see
§ 300.61 of this title)
*
*
*
*
*
■ 7. Amend § 679.4 by revising
paragraphs (a)(1)(xv)(A) through (C) to
read as follows:
*
*
*
*
Charter halibut permit (see § 300.61 of
this title).
Charter halibut permit holder, for
purposes of § 300.67 of this title and
§ 679.46, means the person identified on
a charter halibut permit, community
charter halibut permit, or military
charter halibut permit.
Charter halibut stamp means an
electronic stamp that is required for
each charter vessel angler, 18 years of
age or older, for each day and each
charter vessel fishing trip on which the
charter vessel angler intends to catch
and retain halibut on a charter vessel in
International Pacific Halibut
Commission (IPHC) regulatory area 2C
or 3A.
Charter halibut stamp validation
means, with respect to the Recreational
Quota Entity Program fee collection, as
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
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6. Amend § 679.2 by adding in
alphabetical order the definitions of
‘‘Charter halibut permit,’’ ‘‘Charter
halibut permit holder,’’ ‘‘Charter halibut
stamp,’’ ‘‘Charter halibut stamp
validation,’’ ‘‘Charter vessel,’’ ‘‘Charter
vessel angler,’’ ‘‘Charter vessel fishing
trip,’’ ‘‘Charter vessel guide,’’
‘‘Community charter halibut permit,’’
and ‘‘Military charter halibut permit’’ to
read as follows:
■
Jkt 265001
*
§ 679.46 Recreational Quota Entity (RQE)
Program fee collection.
(a) Fee collection—(1) Charter halibut
stamp. A charter halibut stamp is
required for charter vessel anglers, 18
years of age or older, for each day and
each charter vessel fishing trip they
Frm 00022
Fmt 4702
Permits.
(a) * * *
(1) * * *
*
validation after the charter vessel
fishing trip has begun.
(3) Be a charter halibut permit holder
and fail to purchase or hold by the fee
liability notice deadline specified in
§ 679.46(a)(1)(v) a number of charter
halibut stamps equal to or greater than
the number of charter halibut stamp
validations that were performed in a
given fishing year.
■ 9. Add § 679.46 to read as follows:
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§ 679.4
Sfmt 4702
*
§ 300.67 of this title and
§ 679.46.
§ 300.67 of this title and
§ 679.46.
§ 300.67 of this title and
§ 679.46.
*
*
intend to catch and retain halibut on a
charter vessel in IPHC regulatory area
2C or 3A. This includes charter vessel
anglers on charter vessels operated
under a charter halibut permit,
community charter halibut permit, or
military charter halibut permit issued
pursuant to § 300.67 of this title. A
charter halibut permit holder is
responsible for purchasing the required
number of charter halibut stamps and
for complying with all other
requirements of this section. The
required number of charter halibut
stamps is equal to or greater than the
number of charter halibut stamp
validations (as defined at § 679.2)
performed in a given fishing year for
each charter halibut permit(s),
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community charter halibut permit(s), or
military charter halibut permit(s).
(i) Validation of stamps. After
determining the number of charter
halibut stamps required under this
paragraph (a)(1), the charter vessel guide
must perform a charter halibut stamp
validation as defined at § 679.2.
(ii) Duration of validation. The charter
halibut stamp that has received a charter
halibut stamp validation, as defined at
§ 679.2, is in effect from the time, A.l.t,
that it is validated until 2400 hours,
A.l.t., the same day. For the purposes of
charter halibut stamp validation, if a
charter vessel fishing trip lasts more
than one calendar day, a charter halibut
stamp is required for each charter vessel
angler who is 18 years of age or older,
for each calendar day that the charter
vessel angler intends to catch and retain
halibut.
(iii) Non-transferability. Charter
halibut stamps are not transferable. This
includes:
(A) After charter halibut stamp
validation for an individual charter
vessel angler, the charter halibut stamp
may not be transferred to or used by any
other person.
(B) Charter halibut stamps may only
be used for associated charter halibut
permits in a given NMFS-approved
account and may not be transferred
between approved accounts.
(iv) Rollover. A charter halibut stamp
that has been purchased and has not
received charter halibut permit
validation does not expire. Such charter
halibut stamps may be validated in a
future fishing year.
(v) Fee liability. If, by 2400 A.l.t. on
December 31 of a given fishing year, a
charter halibut permit holder, for one or
more associated charter halibut permits
in a NMFS-approved account, has not
purchased a number of charter halibut
stamps equal to or greater than the
number of charter halibut stamps
validated under that account for that
same fishing year, the Regional
Administrator will send a fee liability
notice to the charter halibut permit
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holder. The fee liability notice will state
the estimated fee liability, as
determined by the number of charter
halibut stamps validated for that fishing
year in excess of the number of charter
halibut stamps that have been
purchased. A charter halibut permit
holder has 30 days from the date of the
notice to either pay the outstanding fee
liability or demonstrate how the fee
liability determination is in error.
(vi) Underpayment of fee liability. If a
charter halibut permit holder does not
pay the fee liability or demonstrate how
the fee liability determination is
erroneous within 30 days as outlined in
this paragraph (a)(1)(vi), the Regional
Administrator may:
(A) Issue an Initial Administrative
Determination (IAD) upholding the fee
liability determination;
(B) Disapprove any transfer
application of the charter halibut
permit, and all associated charter
halibut permits in a NMFS approved
account, GAF, IFQ, or QS to or from the
charter halibut permit holder until the
charter halibut stamp fee liability is
paid, except that NMFS may return
unused GAF to the charter halibut
permit holder’s account from which is
was derived on or after the automatic
GAF return date;
(C) Disapprove the annual registration
application of a charter halibut permit,
and all associated charter halibut
permits in a NMFS-approved account,
in accordance with § 300.67(a) of this
title, until the charter halibut stamp fee
liability is paid; and
(D) Invalidate a community charter
halibut permit or military charter
halibut permit until the charter halibut
stamp fee liability is paid.
(vii) Appeals. A charter halibut permit
holder who receives an IAD for
incomplete payment of the charter
halibut stamp fee liability may appeal
the IAD pursuant to 15 CFR part 906.
(2) [Reserved]
(b) Fee amount. (1) The fee for a
charter halibut stamp is $20.
(2) The RQE may petition NMFS to
increase, decrease, or suspend the fee
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86783
for a charter halibut stamp beginning on
January 1, 2028. The fee for the charter
halibut stamp may not increase by an
amount more than 10 percent of the fee
in the previous fishing year.
(c) Fee payment to NMFS—(1)
Obtaining charter halibut stamps.
Charter halibut stamps must be obtained
and applicable fees paid by persons
who:
(i) Have or are required to have a valid
registration with ADF&G to provide
sport fishing guide services (§ 300.61 of
this title) in IPHC regulatory area 2C or
3A; and
(ii) Are a charter halibut permit
holder.
(2) Charter vessel guide
responsibilities. Before each charter
vessel fishing trip begins, the charter
vessel guide is responsible for ensuring
there is a charter halibut stamp that has
received charter halibut stamp
validation for each charter vessel angler,
18 years of age or older, on board the
charter vessel who intends to catch and
retain halibut.
(3) Fee payment. Fee payment must
occur prior to the end of the fishing
year.
(d) RQE fee collection suspension.
The Regional Administrator may
suspend the RQE fee collection
indefinitely, or until such a time that
any identified RQE operational
deficiencies are corrected, if:
(1) Through the issuance of an IAD
and the opportunity to appeal the IAD
under 15 CFR part 906, the Regional
Administrator determines that the RQE
is out of compliance with regulations in
this title, the RQE’s own by-laws, or
other applicable law;
(2) The Regional Administrator
approves a petition by the RQE to
suspend the RQE fee collection; or
(3) Congress no longer provides
authorization for the Secretary of
Commerce to collect and spend fees.
[FR Doc. 2024–25229 Filed 10–30–24; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\31OCP1.SGM
31OCP1
| File Type | application/pdf |
| File Modified | 2024-10-31 |
| File Created | 2024-10-31 |