Purpose and Need

Beginning in 1994, Amendment 24 to the BSAI groundfish FMP established a total allowable catch (TAC) for BSAI non Community Development Quota (CDQ), which was fully distributed among three gear sectors: fixed gear, trawl gear, and jig gear. The allocations for each sector were set under the FMP and reflected percentages of sector harvest between 1991 and 1993. Those allocations were later changed in 1997 with Amendment 46 of the FMP, and shifted the majority of the TAC from trawl to fixed gear. The amendment also bisected trawl apportionment between catcher vessels (CVs) and catcher processors (CPs) and authorized NMFS to reallocate any portion of the Pacific cod TAC that were projected to remain unused among the various sectors if necessary. Subsequent apportionment changes (BSAI Amendments 64, 67, and 77) have resulted in the BSAI non-CDQ Pacific cod TAC being divided among eight harvesting sectors. While Amendment 46 did not contain a sunset provision or regulatory requirement to revisit TAC allocation, the Council’s motion included a provision to review allocations four years after implementation. To fulfill that provision, a reexamination of the BSAI Pacific cod TAC allocation was necessary.

Analysis

A 39-page EA and 255-page RIR analysis were prepared for Amendment 85. The analysis considered an action alternative to modify the existing BSAI Pacific cod allocations with multiple components, and a no action alternative. Under the action alternative, the analysis proposed an option to divide the trawl vessel sector into American Fisheries Act (AFA) and non-AFA, resulting in 10 unique gear sectors that would be apportioned non-CDQ TAC. The Council’s preferred alternative was Alternative 2 with a suite of 9 main components: 

1) establishing sectors for allocations, 

2) sector allocations 

3) seasonal apportionments 

4) Rollovers 

5) CDQ allocation 

6) apportionment of trawl halibut and crab PSC to cod trawl fishery group 

7) apportionment of the cod trawl fishery group halibut and crab PSC to trawl sectors 

8) apportionment of cod non-trawl halibut PSC, and 

9) other provisions. The other provisions included a soft cap directed fishing allowance and incidental catch allowance for each trawl sector, maintaining AFA trawl CV cod sideboards, and a review of the <60 foot LOA hook-and-line and pot CVs when the combined harvest of those sectors reaches a total of 3% of the BSAI Pacific cod ITAC.

Regulation Summary

Amendment 85 modified the BSAI non-CDQ Pacific cod TAC allocation and defined specific harvesting sectors. After removing 10 percent of the total cod TAC as a CDQ allowance, the remaining TAC was apportioned to the unique harvesting sectors as follows: 

1.4% to Jig 

2% to Fixed gear catcher vessels CVs less than 60 feet length overall (LOA) 

0.2% to Hook and line CVs greater than or equal to 60 feet LOA 

48.7% to Hook and line CPs 

8.4% to Pot CVs greater than or equal to 60 feet LOA 

1.5% to Pot CPs 

2.3% to AFA trawl CPs 

13.4% to Non-AFA trawl CPs 

22.1% to Trawl CVs 

Amendment 85 also revised the language of the FMP to reflect changes in the 2006 Magnuson-Stevens Fishery Conservation and Management Reauthorization Act.

Results

Starting in 2014, the BSAI Pacific cod stock was split into a separate AI stock and BS stock. While separate OFLs, ABCs, and TACs, were created for the AI and the BS, the actual sector allocations (except CDQ allocations) remain BSAI-wide allocations. Sector allocations are calculated as a percent of the summed AI and BS TACs, after adjustment are made to account for CDQ allocations (which receive 10.7%). Each of the non-CDQ sectors that receives an allocation, may fish their allocation within the AI or the BS, subject only to its overall harvest limit, and any seasonal or other restrictions on harvests.

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Additional Resources