75 Repeal of Improved Retention/Improved Utilization Program Flatfish Requirement
Purpose and Need
In September 1996, the Council adopted Amendment 49, which required all vessels fishing for groundfish in the BSAI management area to retain all pollock and Pacific cod beginning January 3, 1998 and retain all rock sole and yellowfin sole beginning January 1, 2003. The Council adopted an improved retention and utilization program (IR/IU) for all groundfish target fisheries to reduce discards. This action was deemed necessary to address one of the Council's comprehensive fishery management goals, adopted in 1984, to “minimize the catch, mortality, and waste of non-target species and reduce the adverse impacts of one fishery on another.” The Council also recognized that fish caught as bycatch in one fishery represent an allocation away from any target fishery for the bycatch species. In addition, a priority objective of the FMP is to “provide for the rational and optimal use, in a biological and socioeconomic sense, of the region's fisheries resources as a whole.” In an effort to balance the need to meet stated Council objectives of ensuring healthy fisheries, reducing discards and waste, and improving utilization of fish resources with the need to minimize the negative effects of regulations on small entities, the Council recognized the need to conduct additional assessment of the impacts of IR/IU rules for flatfish on such entities and to determine whether a modification of these would minimize such impacts and continue to meet the Council’s objectives for fisheries health and resource utilization. Recognizing the potential significant adverse economic impacts on a substantial number of small entities, the Council initiated an analysis of possible mitigating measures which would provide some balance between the NPFMC’s original intent of IR/IU and the need to minimize the negative effects of IR/IU regulations on small entities.
Analysis
A 120-page analysis (Secretarial review draft dated February, 2003) was prepared for Amendment 75. Four alternatives were considered: 1) allow the existing IR/IU regulations for flatfish in the BSAI and GOA to be implemented beginning in 2003 (no action alternative); 2) revise IR/IU regulations for flatfish to allow some discards of the IR/IU flatfish species ranging from 50 to 90 percent; and 3) delay implementation of IR/IU regulations for flatfish and includes three trailing amendments–Amendment A (PSC Cooperatives), Amendment B (flatfish bycatch limits) and Amendment C (minimum groundfish retention standards). The analysis revealed that IR/IU rules for flatfish under the status quo will impact direct operational costs on certain sectors of the groundfish fleet that probably cannot be offset (in whole or in part) by expected revenues generated by the sale of the additional catch required to be retained. For Alternative 2, the analysis found that retention requirements for the head and gut catcher processor fleet would have to be less than 50 percent in the Pacific cod and rock sole fishery to avoid impacts to the sector. In addition, less than 100 percent retention of IR/IU flatfish species is not enforceable. Alternative 3 would postpone the severe economic effects on the head and gut fleet thus accruing economic benefits from operational activity. Under Alternative 4, the Pacific cod fishery, flathead sole fishery, rock sole fishery and the yellowfin sole fishery would not be exempt from IR/IU rules for flatfish.
Regulation Summary
Amendment 75 was partially approved by the Secretary of Commerce—the delay of IR/IU flatfish implementation in the BSAI was approved, but the ending date (June 1, 2004) for the delay was not approved.
Results
The practical effect of the amendment is that it eliminates all reference to the requirements for 100 percent retention and utilization of rock sole and yellowfin sole in the groundfish fisheries of the BSAI. Nevertheless, retention of these species by the Amendment 80 fleet is nearing100 percent.