Purpose and Need

Amendment 46 was proposed to extend the management measures authorized by Amendment 24 beyond 1996. Amendment 24 authorized the explicit allocation of BSAI Pacific cod among vessels using trawl, hook -and-line or pot gear, and jig gear. The amendment also authorized the seasonal apportionment of the amount of Pacific cod allocated to vessels using hook-and-line or pot gear and the reallocation of the unused portion of one gear’s allocation to other gear types. Amendment 24 was proposed in response to socioeconomic concerns of the fishing industry and the need for stability in the trawl gear and fixed gear (longline, pot, and jig) fleets. The fishery was exhibiting numerous overcapitalization problems such as compressed fishing seasons, high bycatch and waste, gear conflicts, and an overall reduction in benefit from the fishery. At the April 1993 meeting, the Council developed a problem statement that focused on resolving overcapitalization in the BSAI Pacific cod fishery, and in June recommended the Amendment 24 management measures to be implemented through 1996. The alternative approved allocated the BSAI Pacific cod TAC to the jig gear (2%), hook-and-line or pot gear (44%) and trawl gear (54%) fleets. The Council’s action was intended to provide industry and community stability by directly allocating to gear groups approximately the average percent of Pacific cod taken with these gear types during 1991-1993. In addition, the intent of the seasonal apportionment in the fixed gear sector was to allow for a first and third season fishery when halibut bycatch rates, product quality, and markets are most advantageous. Upon the expiration of Amendment 24, the Council began an analysis to extend the allocations. At the December 1995 Council meeting, it was noted that while the action provided the necessary stability to the various gear sectors, significant regulatory, economic, and biological changes had occurred in the Pacific cod fishery since the amendment was implemented in 1994. These changes were incorporated into the original analysis with a specific focus on reducing prohibited species mortality, impacts on habitat, and cod discards by the different gear sectors. The analysis examined a range of possible allocations, and the Council then tasked an industry based negotiating committee to agree on a new allocation regime that would be acceptable to all sectors of the fishery. The final percentages were chosen based on the current harvest percentage taken by the trawl and fixed gear sectors under current halibut PSC limits while retaining the 2% allocation for jig gear.

Analysis

A 173-page EA/RIR (final draft dated October 1996) was prepared for this amendment. Six alternative allocation splits, including no action, were considered. While the specific allocation preferred by the negotiating group and approved by the Council was not explicitly identified in the analysis, it was well within the range of alternatives considered. Thus, the Council had sufficient information on the impacts of the alternative to make a decision

Regulation Summary

1) BSAI Pacific cod TAC Apportionments: Trawl sector: 47% (The trawl apportionment will be split between catcher vessels and catcher processors 50/50.); Fixed gear sector: 51%; Jig gear sector: 2%

 2) Roll-overs: On September 15 of each year, the Regional Director shall reallocate 100% of any projected unused amount of the Pacific cod allocated to jig vessels to the fixed gear vessels. If, during a fishing year, the Regional Director determines that vessels using trawl gear or hook-and line or pot gear will not be able to harvest the entire amount of Pacific cod allocated to those vessels, then NMFS shall reallocate the projected unused amount of Pacific cod to vessels using the other gear type(s). 

3) Halibut PSC Mortality Caps: The trawl halibut PSC mortality cap for Pacific cod will be no greater than 1,600 mt. The hook-and-line gear halibut PSC mortality cap for Pacific cod will be no greater than 900 mt. 

4) Review: No sunset provision, but the Council will review this agreement in four years following the date of implementation.

Results

The allocations established in Amendment 46 stabilized the BSAI cod fishery as the Council continued on the path towards comprehensive rationalization. Since the amendment was passed, there have been further allocation and limited entry measures imposed on the BSAI Pacific cod fishery by Amendments 64, 67 and 77.