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Assigning stamps to charter vessel guides and specific CHPs would materially increase the cost, complexity, and burden of the RQE Program fee collection. Tracking the use of charter halibut stamps will begin with halibut stamp validation on ADF&G logbooks. NMFS also notes that ADF&G logbooks are equipped to allow logbook users, such as the charter vessel guide, to individually query the historical data they have supplied on the logbook. As the commenters note, CHPs are commonly leased, and the charter vessel guide who leases, or otherwise uses, the CHP may not be the person who holds or owns the CHP.

This would reduce costs to anglers and administrative burden to charter halibut fishery participants who would not have to validate stamps each day for anglers fishing multiple days. GAF are intended to benefit individual charter operations by providing a means to temporarily transfer a limited amount of halibut IFQ from the commercial halibut fishery to individual charter vessel guides. On these open days, a stamp exemption for GAF has the potential to undermine both the GAF and RQE Program fee collection, primarily due to the difficulty of accounting for, and enforcing, both bag limits and stamp requirements when halibut landed as GAF are mixed with non-GAF halibut onboard a charter vessel. As such, NMFS is not authorized to collect fees from charter vessel anglers, or any other individual anglers such as self-guided anglers, nonresident anglers, or resident anglers for charter halibut stamps.

Stamps do not expire and, if they have not been validated by the end of the fishing year, they may be validated in a future fishing year. Due to the time lag between submitting the ADF&G logbooks and NMFS receiving the ADF&G logbook information, it may take several weeks for eFISH accounts to reflect validations. In this way, CHP holder stamp accounts will contain a record of stamp purchases and validations. The CHP holder may appeal and have the IAD reviewed by NOAA’s National Appeals Office.

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It is unlawful for recreational fishing vessels to take and retain, possess, or land halibut taken with recreational gear within the North Coast Recreational YRCA. Any halibut landed into a port counts toward the allocation for the subarea in which that port is located, and the regulations governing the subarea of landing apply, regardless of the specific area of catch. (3) No person shall fish for halibut in the directed commercial halibut fishery and/or retain halibut incidentally taken in the sablefish primary fishery in Area 2A from a vessel that has been used during the same calendar year for incidental catch of halibut during the salmon troll fishery. (1) Under 16 U.S.C. 773c, a fishery management council may develop regulations governing the domestic halibut fishery that do not conflict with the regulations set by the International Pacific Halibut Commission. Vessel class means, for purposes of commercial fishing in Commission regulatory Area 2A, a group of vessels within a specific range of overall length (in feet) (46 CFR 69.9), as designated by the letters A-H pursuant to § 300.63(g). Individual Fishing Quota (IFQ), for purposes of this subpart, means the annual catch limit of halibut that may be harvested by a person who is lawfully allocated a harvest privilege for a specific portion of the annual commercial catch limit of halibut.

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• In any case, under the Council’s recommendation, a multi-day stamp would require validation prior to the start of a charter vessel fishing trip on any given day.
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Power hauling means using electrically, hydraulically, or mechanically powered devices or attachments or other assisting devises or attachments to deploy and retrieve fishing gear. Overall length of a vessel means the horizontal distance, rounded to the nearest ft/meter, between the foremost part of the stem and the aftermost part of the stern (excluding bowsprits, rudders, outboard motor brackets, and similar fittings or attachments). Guided Angler Fish (GAF) permit holder means the person identified on a GAF permit. (3) The deployment of pot gear as defined in § 679.2 of this title in Commission regulatory areas 4B, 4C, 4D, and 4E and the portion of Area 4A in the Bering Sea Aleutian Islands west of 170°00′ W long. (2) The deployment of longline pot gear as defined in § 679.2 of this title, or component part of that gear in Commission regulatory areas 2C, 3A, 3B, and that portion of Area 4A in the Gulf of Alaska west of Area 3B and east of 170°00′ W. Commercial fishing means fishing, the resulting catch of which either is, or is intended to be, sold or bartered but does not include subsistence fishing.

NMFS proposes that charter vessel guides, as defined at § 300.61, would be responsible for the validation of the stamps. Average weight is determined from data that charter vessel guides report directly to NMFS. 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.

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• 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).

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• NMFS will establish fishing period limits, e.g., the maximum amount of Pacific halibut that a vessel may retain and land during a specific fishing period, and assign those limits according to vessel class for each fishing period.

(i) NMFS may issue a CHP to any community or Alaska Native tribe that applies according to paragraph (j)(2) of this section and that is qualified to conduct subsistence fishing for halibut according to paragraph (g) of this section. (2) A person using a vessel greater than 35 ft (10.7 m) in overall length, as defined at 50 CFR 300.61, is prohibited from fishing for IFQ halibut Khelibet casino site with setline gear, as defined at 50 CFR 300.61, within Sitka Sound as defined in paragraph (e)(1)(i) of this section. (11) Validation of charter halibut stamps.

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• 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.
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In Commission regulatory area 3A, a maximum of 1,500 pounds or fifteen (15) percent, whichever is greater, of the start year fishable IFQ pounds for an IFQ permit, may be transferred from IFQ to GAF. (3) In Commission regulatory area 2C, a maximum of 1,500 pounds or ten (10) percent, whichever is greater, of the start year fishable IFQ pounds for an IFQ permit, may be transferred from IFQ to GAF. (D) Retained GAF are not subject to any length limit implemented by the Commission’s annual management measures and published in the Federal Register as required in § 300.62, if applicable. The Regional Administrator will issue a GAF permit upon approval of an Application to Transfer Between IFQ and GAF. (iii) NMFS replaces the GAF permit with a modified GAF permit following NMFS approval of an Application for Transfer Between IFQ and GAF; or

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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). 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. A functioning RQE Program is intended to promote long-term 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.

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