97 Amendment 80 Program Vessel Replacement
Purpose and Need
In June 2006, the Council adopted a Limited Access Privilege Program (LAPP) that incentivized the establishment of a non -AFA catcher/processor cooperative by allocating a quota share to qualifying participants. This program, commonly referred to as Amendment 80, was designed to meet a number of policy objectives. Amendment 80, which was implemented in 2008, limited participation in the program to 28 originally qualifying vessels and prohibited vessel replacement unless it was with one from a list of qualifying vessels. Conditions for vessel replacement were contingent upon the inability of the vessel to continue participating in the Amendment 80 program. The inability of owners participating in the Amendment 80 sector to replace vessels in the program meant they were unable to diversify processing capabilities. The non-specialized catcher/ processor fleet made groundfish harvest for Amendment 80 species inefficient, and retention concerns were brought to the Council. The Council decided to address retention in a non-regulatory action by allowing vessel replacement in the Amendment 80 fleet. The Council adopted Amendment 97 to address Amendment 80 vessel replacement, indirectly improving groundfish retention in the Amendment 80 fleet without imposing minimum retention standards.
Analysis
A 109-page RIR analysis and 10-page EA were prepared for the action. Three alternatives were considered with “no action” and “status quo” alternatives included in Alternative 1. Additionally, five options, three general sub-options, and a sub-option under Option 5 were analyzed. No direct or indirect environmental effects were anticipated to occur with any of the alternatives analyzed under the proposed action because none of the alternatives would change fishing practices from those previously analyzed. The RIR found that the expected result of the action would be that smaller vessels would be replaced by larger ones to accommodate additional hold and processing capabilities. The likely replacement of multiple small vessels with one large vessel would result in reduced harvest overall but an increased effective fishing capacity within the Amendment 80 sector. The Council’s preferred alternative was a composite of the alternatives, options, and sub-options presented. The Council motion included seven recommendations:
1) vessel size restrictions
2) GOA flatfish sideboard restrictions
3) sideboard restrictions for a replacement vessel that replaces the Golden Fleece
4) the ability to transfer a QS permit to a replacement vessel
5) the ability to replace Amendment 80 vessels with vessels previously replaced
6) the authorization by the Council for vessels greater than 165 feet in registered length, of more than 750 gross registered tons, or that has an engine or engines capable of producing a total of more than 3,000 shaft horsepower to be used in the EEZ according to U.S. Maritime Administration Provisions and,
7) the specification that all management measures that apply to original Amendment 80 vessels would also apply to replacement vessels.
Regulation Summary
Amendment 97 consisted of ten (10) changes to Amendment 80, all involving the replacement of existing Amendment 80 vessels. The main change to Amendment 80 was the ability of owners to replace their vessels for any reason and at any time up to a one-for-one vessel replacement. The maximum length overall (MLOA) for replacement vessels is 295 feet LOA. This includes vessels on LLP licenses assigned to Amendment 80. All Amendment 80 replacement vessels must be classed and loadlined or meet the requirements of U.S. Coast Guard Alternative Complains and Safety Agreement to be used to replace other Amendment 80 vessels. Sideboard limitations were defined for replacement vessels to avoid a race to fish with competing non-AFA vessels. Finally, the amendment established a process by which owners would apply to NMFS for approval to use
Results
Since implementation of Amendment 97, a few Amendment 80 companies are building new highly efficient vessels to replace their existing Amendment 80 vessels.