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16 Interim Harvest Levels, Revise Prohibited Species Catch Limits for Crab and Halibut and Apportion by Fishery and Season, Fishing Gear Restrictions, Define Overfishing, Implement Vessel Incentive Program

Purpose and Need

A number of management measures were bundled together in Amendment 16, including PSC bycatch management, procedures for specifying TAC, and gear restrictions.  Management measures designed to control the bycatch of crab and halibut in the domestic and joint venture groundfish fisheries in the Bering Sea/Aleutian Islands Area (BSAI) were implemented as the result of Amendment 12a.  These management measures expired at the end of 1990. The Council felt that without management measures to control bycatch, the levels of red king crab, C. bairdi Tanner crab, and Pacific halibut bycatch would be too high, and there were no incentives for vessel operators to reduce their bycatch.  The main purpose of this amendment was to better manage PSC bycatch in non-directed fisheries.

Because of insufficient time to modify regulations between the end of the December Council meeting and January 1 of a new fishing year, this amendment was developed to establish interim TACs so that the fishery would open on January 1. Prior to this amendment, changes to gear definitions or other restrictions required an FMP amendment to change.  In order to respond more rapidly to changes in the fishery, the purpose of this action was to allow gear restrictions to be accomplished through a regulatory amendment.  An overfished definition was added to the FMP because revised “Guidelines for Fishery Management Plans” (the "602 Guidelines") required each FMP to include an objective and measurable definition of overfishing for each stock or stock complex under management. 

Analysis

A 213-page EA/RIR/IRFA (final draft dated July 31, 1990) was prepared for this amendment.  In the original draft, three primary alternatives including the status quo were considered: (1) the status quo which allows the 12a provisions to expire at the end of 1990; (2) a one year extension of the 12a provisions; and (3) a one year or indefinite extension of Amendment 12a provisions modified to add PSC cap apportionments for the Domestic Annual Processing (DAP) rock sole and deep-water trawl (Greenland turbot/sablefish) fisheries, permit seasonal allowances of PSC limits, and provide for sanctions against vessels whose bycatch rates for red king crab, C. bairdi Tanner crab or halibut significantly exceed a fishery average. The analysis was revised several times to address other issues, including the vessel incentive program.

Regulation Summary

The Amendment contained 8 approved management measures as follows: 

1. Modified PSC limits and bycatch limitation zones for halibut, bairdi crab, and red king crab in the BSAI;
2. Apportioned PSC limits into bycatch allowances for trawl fishery categories;
3. Allowed seasonal allocation of halibut and crab PSC;
4. Established procedures for interim TAC specifications
5. Established fishing gear restrictions (definition of pelagic trawl, biodegradable panels & halibut excluders on pot gear); and
6. Established definitions of overfishing.

Later revisions to the amendment included addition of a vessel incentive program, which would issue civil penalties (fines) to vessels that exceeded seasonal fixed bycatch rate standards for halibut and crab taken in specified target fisheries.

Results

Portions of the proposed amendment (i.e. the penalty box program) were disapproved by the Secretary.  In response, revisions to this amendment were made in BSAI Amendment 16a and in Amendment 19/24.

The amendment was revised to include a vessel incentive program, and the interim final rule was published on May 10, 1991 (56 FR 21619), effective May 6, 1991 through June 5, 1991.

Sibling Amendments

GOA Groundfish Amendment 21