C4 Vessel Moratorium
Purpose and Need
In 1987, concerned with excess harvesting capacity in the groundfish, crab, and halibut fisheries of the BSAI and GOA, the Council established a committee to examine the problem of overcapitalization. Upon concluding that allocation conflicts and overcapitalization would worsen under the current open access system, the committee recommended a limited access management approach for these three fisheries. Concerned with the potential for speculative entry into the fisheries during discussions of management alternatives, NMFS published a control date notice of February 9, 1992. Anyone not having previously participated in the fisheries before that date would not be assured future access to the fisheries should a limited access system be adopted.
Regulation Summary
After several proposed moratoriums, the final rule required a moratorium permit for vessels within specific vessel categories that harvest groundfish and BSAI crab resources off Alaska. Generally, a vessel qualified for a moratorium permit if it made a legal landing of any moratorium species during the qualifying period of January 1, 1988 through February 9, 1992. In addition, a vessel that made a legal landing during the qualifying period, in either a groundfish or crab fishery, but not both, can cross over as a new vessel in the fishery in which it did not made a legal landing in the qualifying period provided: 1) it uses the same gear type in the new fishery as it used to qualify for the moratorium in the other fishery; or 2) it made a legal landing in the crossover fishery during the qualifying period and it uses only the same gear type it used in that period.
- Correction (60 FR 47312, 09/12/1995)
- Final Rule (60 FR 40763, 08/10/1995)
- Proposed Rule (57 FR 46133, 10/07/1992)
- Proposed Rule (56 FR 66009, 12/20/1991)
- Notice of Availability (56 FR 64738, 12/12/1991)
Analysis
A 22-page supplemental analysis (final draft dated February 1995) was prepared for the final resubmittal of the proposed moratorium for these amendments, which were originally approved by the Council in 1992. The supplemental analysis outlined the changes from the original moratorium proposal: revision of the qualification period, halibut and sablefish qualification, consideration of current participation, crossovers, and the appeals process. The analysis also indicated that the revised moratorium would allow 4,144 unique vessels in the crab and groundfish fisheries, about 1,800 more than the current participant fleet but significantly less than the 15,709 unique vessels that participated in the fisheries since 1978 that had the potential to re-enter if no action was taken.