Purpose and Need

Amendment 77 was initiated to retain or modify the allocations of BSAI Pacific cod to the fixed gear sectors that were first established under BSAI Amendment 64. Amendment 64 expires on December 31, 2003. This amendment was developed to further refine the BSAI fixed gear Pacific cod allocation established in BSAI Amendment 46. Amendment 46, approved by the Council in June 1996, effectively allocated the BSAI Pacific cod Total Allowable Catch (TAC) to the jig gear (2%), fixed gear (51%), and trawl gear (47%) sectors. The fixed gear fishery is fully utilized in the BSAI, and competition has been increasing for a variety of reasons, including increased market value of cod products and the recent decline of the opilio crab stock. Amendment 77 is based on a problem statement similar to that of Amendment 64, which focuses on the need to stabilize the BSAI fixed gear cod fishery and protect those who have made significant long-term investments and are dependent on the fishery from others who have limited history and wish to increase their participation in the fishery. The action is intended to help stabilize the fixed gear fleet until comprehensive rationalization can be completed for the groundfish fisheries of the BSAI. A second problem statement identifies the same concern for protecting the relative catch distribution between pot catcher processors and pot catcher vessels. Under Amendment 64, pot vessels share an allocation of 18.3 percent of the total fixed gear Pacific cod TAC. Although the fixed gear (hook-and-line or pot gear) fleet has a direct allocation of 51% of the fixed gear Pacific cod TAC, a further split was deemed necessary to stabilize the growing hook-and-line and pot fleets. Amendment 64 established the allocations based closely on Pacific cod catch histories (excluding discards and cod quota reallocated from the jig and trawl sectors) of each sector from 1995 - 1998, with a separate allocation for hook-and-line and pot vessels <60' LOA. In effect, hook-and-line and pot vessels less than 60 feet first utilize the 0.3% and 18.3% allocations open to all length classes of their gear group, respectively, and then utilize the 1.4% allocation when those fisheries close. Managing the allocations in this way is consistent with the Council’s desire to provide fishing opportunities for smaller catcher vessels, ensuring that Pacific cod is available to the smaller catcher vessels even after the larger vessels in their gear sector have taken their allocation.

Analysis

A 169-page EA/RIR/IRFA (initial review draft dated March 14, 2003) was prepared for this amendment. Four primary alternatives were proposed: 1) No action; 2) Status quo - continue the allocations as established under Amendment 64; 3) Modified status quo - establish allocations based on catch histories from each sector from 1995 - 1999; and 4) Pot split - establish separate allocations for the pot catcher processor and pot catcher vessel sectors. In addition, there are several options to address Pacific cod quota that is reallocated from the jig and trawl sectors to the fixed gear sector in the fall, as well as quota that is projected to remain unused in one or more of the fixed gear sectors. Also included is an option to sunset the Council’s action on this amendment five years from the date of implementation.

Regulation Summary

The Amendment 77 fixed gear allocations superseded Amendment 64. Vessels using hook-and-line or pot gear receive 51% of the Pacific cod TAC in the BSAI. Of that 51%, the TAC was allocated as follows: 

80% to hook-and-line C/Ps 

0.3% to hook-and-line CVs 

15% to pot CVs 

1.4% to small CVs 

This preserves the allocation implemented under Amendment 64, but splits the pot vessel share further between pot catcher/ processors and pot catcher vessels.

Results

The revised allocations have provided stability among the fixed-gear sectors targeting Pacific cod.