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From an enforcement perspective, the presence of retained halibut onboard a charter vessel after a charter vessel fishing trip has begun will evidence the need for validated stamps for that charter vessel trip. The requirement for a halibut stamp is based on whether the charter vessel angler intends at the beginning of each charter vessel fishing trip to catch and retain halibut. Ultimately, the Council recommended, and NMFS is adopting, a single daily fee to establish a simple, less costly program that ensures specific business types are not arbitrarily penalized, and all CHP holders will contribute equally to the RQE fee collection based on the number charter vessel angler halibut fishing days. During the outreach process, participants in the charter halibut fishery pointed to a lack of equity among fishing businesses if tiered fees were implemented. This effort included outreach sessions with participants in the charter halibut fishery in several communities located in IPHC regulatory areas 2C and 3A in 2023 and early 2024. This would also make it easier for charter vessel guides to adjust their fishing plans on a multi-day trip without having to commit to validating a stamp each day prior to fishing when they may not end up fishing for halibut due to weather or other reasons.

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(iii) Participation by one charter halibut fishing business shall not be allowed to support issuance of permits to more than one applicant. If NMFS does not approve an annual charter halibut permit registration application, NMFS will inform the applicant of the basis for its disapproval and provide the applicant with a 30-day evidentiary period in which to correct any application deficiencies. An application for a charter halibut permit annual registration will be made available by NMFS. A charter halibut permit is valid for up to the maximum number of charter vessel anglers on a single charter vessel for which the charter halibut permit is endorsed. (u) Be a charter vessel guide of a charter vessel on which one or more charter vessel anglers are catching and retaining halibut in both Commission regulatory areas 2C and 3A during one charter vessel fishing trip. The NMFS GAF permit number(s) authorizing charter vessel anglers on that charter vessel fishing trip to harvest GAF.

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• 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.
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This section of the SIR assessed information and circumstances regarding bycatch management of salmon, crab, and halibut; habitat impacts; seabirds; and marine mammals, including ESA-listed species like Steller sea lions, humpback whales, sperm whales, and fin whales, and unlisted species like northern fur seals and killer whales. The SAFE reports represent the best scientific information available for the harvest specifications. The Final EIS evaluates the consequences of alternative harvest strategies on ecosystem components and on the ecosystem as a whole. The OFLs and ABCs are published with the harvest specifications, and provide the foundation for the Council and NMFS to develop the TACs. NMFS has not changed the harvest strategy or specifications process from what was analyzed in the Final EIS.

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The administrative and management burden by CQEs and all other charter halibut operations are expected to be offset by the benefits of the RQE Program. In the event of a stamp deficiency, NMFS’s only remedy would be to pursue collections against charter vessel operators, who are not required to register otherwise with NMFS. If NMFS was to impose that duty on charter vessel operators, the costs of administering this program would increase markedly. The RQE Program fee collection should require charter vessel operators or charter vessel guides to purchase stamps. CHP holders may choose to pass along only some or even no additional costs to charter vessel anglers. If charter halibut businesses pass the entire cost of halibut stamps to their anglers, this would add $20 to $60 in fees for these anglers.

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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. 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. 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 Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Northern Pacific Halibut Act of 1982 (Halibut Act), and other applicable laws. Charter halibut permit holders must obtain charter halibut stamps from NMFS and pay applicable fees as specified at paragraph (a)(1) of this section. A charter halibut permit holder who receives an IAD for a validated charter halibut stamp deficit may appeal the IAD pursuant to 15 CFR part 906. (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.

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The following limitations apply to community charter halibut permits issued to a CQE under paragraph (k)(1) of this section. (ii) The maximum number of charter halibut and community charter halibut permits that may be held by a CQE per community represented by the CQE in regulatory area 3A is fourteen (14). (i) The maximum number of charter halibut and community charter halibut permits that may be held by a CQE per community represented by the CQE in regulatory area 2C is eight (8). (ii) A CQE representing an eligible community or communities in regulatory area 3A may receive a maximum of seven (7) community charter halibut permits per eligible community designated for Area 3A. (i) A CQE representing an eligible community or communities in regulatory area 2C may receive a maximum of four (4) community charter halibut permits per eligible community designated for Area 2C. (iv) The person transferring its permits also is transferring its entire charter vessel fishing business, including all the assets of that business, to the designated person that would receive the transferred permits.

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