72 Prior Notice of Landings Requirements
Purpose and Need
The IFQ Program, a limited access management system for the fixed gear Pacific halibut and sablefish fisheries off Alaska, was approved by NMFS in January 1993 and fully implemented beginning in March 1995. During the implementation of the IFQ Program, NOAA Office of Law Enforcement and the International Pacific Halibut Commission staff indicated that prior notice of landing (PNOL) would be helpful for personnel staffing. Regulations enacted with the implementation of the IFQ Program in 1995 required a six hour advance notice as well as the name of the registered buyer and location to which the delivery was being made. Over the next few years, IFQ fishing industry expressed four main concerns about specific aspects of the PNOL requirement. 1) Existing regulations require vessel operators to commit to a specific Registered Buyer at least 6 hours before landing, which disadvantaged fishermen in price negotiations; 2) communications at sea are often limited, as a result, a vessel operator may rely on a third party to call in the PNOL to the toll-free number in Juneau; 3) Registered Buyers are restricted in their ability to bid on a load of IFQ fish if they have to wait 6 hours to begin offloading fish from a vessel; and 4) if a particular processor is operating at maximum capacity, or experiences mechanical or other operational difficulties, at the time a vessel is scheduled to deliver to that processor, then that vessel must locate another Registered Buyer, and provide a six hour notice before offloading to this other Registered Buyer, rendering vessels unable to respond to necessary changes in business conditions. This action was necessary to improve IFQ fishing operations, while complying with IFQ Program requirements, to improve NMFS’ ability to efficiently administer the program, and to improve the clarity and consistency of IFQ Program regulations.
Analysis
A 34-page RIR/IRFA was prepared that analyzed a status quo and action alternative for each of the three main action items in the amendment package. The analysis determined that the impacts projected for the proposed actions appeared to be largely positive, but without the data necessary to make that determination conclusively, NMFS could not certify that these actions would not have a significant adverse effect on a substantial number of small entities within the meaning of the RFA.
Regulation Summary
Amendments 72 consist of three federal regulatory and FMP changes related to recordkeeping and reporting of halibut and sablefish IFQ vessels:
1) Modify PNOL reporting requirements by replacing the reporting of “registered buyers” with “location of landings” and change the minimum PNOL reporting requirements from six hours to three hours
2) Eliminate the shipment report and require that IFQ species be reported on the product transfer report
3) Require a verbal departure report instead of the vessel clearance requirement for vessels with IFQ halibut or sablefish leaving the jurisdiction of the Council.
Results
The revised recordkeeping and reporting requirements have improved fishing operations and NMFS’ ability to administer IFQ programs.