Purpose and Need

In 1996, NMFS published the final rule for Amendment 46, which allocated the TAC for BSAI Pacific cod among three main gear sectors: jig, trawl, and fixed. The proportions of the allocations were based on historical participation in the fishery and included a number of economic, social, and biological factors. Since the allocations were assigned as an amendment to the BSAI FMP, an amendment was necessary to reallocate percentages of the TAC to the gear-type sectors. Since Amendment 46, shortened or cancelled crab seasons in the BSAI and increased cod prices prompted a substantial participation shift from the BSAI pot crab fishery to the BSAI pot cod fishery. Since the allocated TAC was based on preinflux participation in the cod fishery, fishermen who had traditionally participated in the Pacific cod fishery feared that their portion of the gear harvest share would be reduced to accommodate new entrants. At the June 1999 meeting, the Council drafted a problem statement in response to the growing concerns. The problem statement called for prompt action to stabilize the BSAI fixed gear cod fishery until comprehensive rationalization was complete.

Analysis

A 9-page EA and 17-page RIR analysis were prepared to analyze a status quo alternative and an alternative to apportion the BSAI Pacific cod fixed gear TAC. Under Alternative 2, four options were considered for what years of catch history to include when determining the TAC for BSAI Pacific cod by gear type. When providing a rationale for the allocation, the Council stated that setting aside 1.4 percent for catcher vessels less than 60 feet LOA would ensure that the smaller catcher vessels would have cod available even after the larger catcher vessels in their sector had taken their allocation. Roll-overs would be apportioned to freezer longline and pot sectors according to the actual harvest of roll-overs from 1996-1998. Based on the preferred option, the Council used historical harvest data between 1996 and 1998 to determine that pot C/Ps harvested 74.3 percent of the Pacific cod taken by pot, and CVs harvested the remaining 25.7 percent. This data provided a rough estimate of what the distribution of catch within the pot sector would be in the future, assuming the structure of the fishery remained constant. The RIR found that revenue changes between baseline and the Council’s preferred alternative were primarily due to 1) relatively less catch in 1998 than other years considered by the Council, which was likely due to relatively low cod prices and a large opilio GHL; and 2) the Council’s desire to provide fishing opportunities for smaller vessels.

Regulation Summary

Amendment 64 made three changes to the existing FMP: reallocated Pacific cod TAC to jig, fixed, and trawl gear sectors, created seasonal apportionments to be set forth in regulations, and directed fishing allowances within the fixed gear sector. The allocations within the fixed gear sector are as follows: 80% to catcher/processor vessels using hook-and-line gear 0.3% to catcher vessels using hook-andline gear 18.3% to vessels using pot gear 1.4% to fixed-gear catcher vessels less than 60 feet LOA The regulation continued the 50/50 catcher vessel/catcher processor split in the trawl allocation established in Amendment 46. The Council voted to sunset the amendment package on December 31, 2003. Either the continuation of existing allocations or reallocation after that date would require Council and Secretarial approval of a new amendment.

Results

The Pacific cod allocations for fixed gear were further modified by Amendment 77.