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G21 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 the following management measures pertaining to the GOA:

1) Allow separate apportionment of halibut PSC to hook and line and pot gear in the GOA

2) Allow seasonal allocation of halibut

3) Establish procedures for interim TAC specifications

4) Establish fishing gear restrictions (definition of pelagic trawl, biodegradable panels & halibut excluders on pot gear)

5) Modify authorization language that allows demersal shelf rockfish in SE Alaska to be managed by the State

6) Establish 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

Halibut PSC apportionment was revised under Amendment 95, which reduced the halibut PSC limit in the groundfish CV hook and line gear sector.

Interim harvest levels were used to start the fishery in January while rulemaking proceeded for implementing the new December- approved TACs. These were superseded by the procedure outlined in Amendment 48.

In 2018, 71% of all trawl groundfish catch (retained and discarded) in the GOA was caught using pelagic trawls. 

Under Amendment 53 (implemented as a regulatory amendment in 2004), full retention of demersal shelf rockfish was required.

The overfishing definition changed under Amendment 44, which provided for more conservative definitions of ABC and OFL. The maximum allowable fishing rates were prescribed through a tier system, which corresponding to availability of information on the stock. In 1999, Amendment 56 revised the ABC and overfishing definitions set under Amendment 44 to be more precautionary. To further minimize the possibility of catches jeopardizing a stock’s long-term productivity, a buffer between ABC and OFL was established. The definitions under Amendment 56 are currently used in the annual catch limit specifications process.

A proposed vessel incentive program to address halibut bycatch rates in all trawl fisheries was disapproved by the Secretary. In response, revisions to this amendment were made in GOA Amendment 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

BSAI Groundfish Amendment 16