Purpose and Need

In 1998, the License Limitation Program (LLP) was established to set an upper limit on the number of vessels that could participate in the groundfish and crab fisheries off Alaska. The LLP limits the number, size, and specific operation of vessels fishing crab and groundfish in the BSAI and GOA based on historical participation. During the design and refinement of the LLP, the Vessel Moratorium Program (VMP) was implemented to provide industry stability and curtail interim increases in fishing capacity. The Council intended for the LLP to retain the size limitations established in the VMP. In 2015, the Council was made aware that the vessel length limits specified for the LLP in the FMP did not reflect those of the VMP. Specifically, the language in the VMP had exempted BSAI groundfish vessels “32 feet or less LOA,” GOA groundfish vessels “26 feet or less LOA,” and BSAI crab vessels “32 feet or less LOA.” The LLP language adopted by the Council described the exemptions as applying to vessels “less than 32 feet LOA,” “less than 26 feet LOA,” and “less than 32 feet LOA,” respectively. In effect, this error created an inconsistency in requirements for BSAI groundfish and crab vessels that were exactly 32 feet LOA and for GOA groundfish vessel that were 26 feet LOA. Joint FMP amendments were necessary to correct the language from “less than” to “less than or equal to” in order to reflect the intent of Council and make the FMPs consistent with federal regulation. This was a joint amendment with GOA groundfish Amendment 100 and BSAI crab Amendment 46

Analysis

A 4-page analysis was prepared identifying the inconsistency between FMP language and federal regulation, and original Council intent. The analysis identified the corrections that needed to be made.

Regulation Summary

These FMP amendments did not require a change in federal regulation which were consistent with the Council’s original intent. The joint amendments to the FMPs corrected the respective LLP small vessel exemption sizes to read “less than or equal to.”

Results

This action was necessary for operational status quo. FMP amendments associated with this action are not expected to impact any current stakeholders in the fishery. This correction was intended to make the FMPs consistent with Federal regulation, the original intent of the Council and historical operations of the LLP since implementation.