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For Federal Register citations affecting § 300.61, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at Subsistence halibut registration certificate (SHARC) means documentation, issued by NMFS, of the registration required at § 300.65(i). Subsistence halibut means halibut caught by a rural resident or a member of an Alaska Native tribe for direct personal or family consumption as food, sharing for personal or family consumption as food, or customary trade. Subsistence means, with respect to waters in and off Alaska, the non-commercial, long-term, customary and traditional use of halibut.

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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. 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. Before each charter vessel fishing trip begins, the charter vessel guide is responsible for charter halibut stamp validation for each charter vessel angler as specified at paragraph (a)(1) of this section.

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• The IPHC determined that limiting charter harvests by implementing the management measures discussed below would meet conservation and allocation objectives.
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• 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.
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A charter vessel fishing trip is 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. Sport fishing guide services means assistance, 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. After the allocations for Areas 2A and 2B are accounted for, the IPHC apportioned the remaining TCEY to the Alaska regulatory areas (Areas 2C through Area 4) after considering the distribution of harvestable biomass of halibut based on the FISS, as well as 2024 harvest rates, the recommendations from the IPHC’s advisory bodies, public input, and social and economic factors. Section 679.21(d)(2)(i)(B) requires that the “other hook-and-line fishery” halibut PSC limit apportionment to vessels using hook-and-line gear must be apportioned between CVs and CPs in accordance with § 679.21(d)(2)(iii) in conjunction with these harvest specifications. The annual apportionments are based on each category’s proportional share of the anticipated halibut bycatch mortality during the fishing year and optimization of the total amount of groundfish harvest under the halibut PSC limit. Upon consideration of those public comments, NMFS must publish a notification of final harvest specifications for up to 2 fishing years as annual TACs and apportionments, Pacific halibut PSC limits, and seasonal allowances of pollock and Pacific cod, per § 679.20(c)(3)(ii).

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• If a GAF account already exists from a previous transfer from the same IFQ account in the corresponding management area in that year, NMFS will modify the GAF recipient’s GAF account and the IFQ transferor’s permit account and issue modified GAF and IFQ permits upon approval of an Application for Transfer Between IFQ and GAF.
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• Is allowed, it is allowed only for vessels using longline gear that are registered to groundfish limited entry permits with sablefish endorsements and that possess a permit issued pursuant to paragraph (d) of this section.
• With the $20 stamp fee, as noted in section 3.5.5 of the RIR, the average cost to a charter halibut business is estimated to be approximately $5,600 annually in IPHC regulatory area 2C and $7,500 annually in area 3A.
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Using the most recent data available (2022), the estimated number of directly regulated small entities includes approximately 677 individual CV and CP entities with gross revenues meeting the small entity criteria. Section 604 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 604) requires that, when an agency promulgates a final rule under 5 U.S.C. 553, after being required by that section or any other law, to publish a general notice of proposed rulemaking, the agency shall prepare a final regulatory flexibility analysis (FRFA). The preferred alternative is a harvest strategy in which TACs are set at a level within the range of ABCs recommended through the Council harvest specifications process by the Council’s SSC. The Final EIS analyzes the environmental, social, and economic consequences of the groundfish harvest specifications and alternative harvest strategies on resources in the action area. This final rule is exempt from review under Executive Order because it only implements annual catch limits in the GOA. Through previous actions, the FMP and regulations are designed to authorize NMFS to take this action.

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NMFS also establishes seasonal apportionments of the annual pollock TACs in the Western and Central Regulatory Areas of the GOA among Statistical Areas 610, 620, and 630. Apportionments of pollock to the W/C/WYK areas are considered to be “apportionments of annual catch limits (ACLs)” rather than “ABCs.” This more accurately reflects that such apportionments address management, rather than biological or conservation, concerns. For 2024 and 2025, the SSC recommended and the Council approved the W/C/WYK pollock ABC, including the amount to account for the State’s PWS GHL. Additional regulations that govern the apportionment of pollock, Pacific cod, and sablefish and are described below. NMFS’s apportionment of groundfish species are based on the distribution of biomass among the regulatory areas over which NMFS manages the species.

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