Bering Sea Aleutian Islands Amendment 21 Environmental Assessment Regulatory Impact Review Final Regulatory Flexibility Analysis

In January 2004, the U.S. Congress amended Section 313(j) of Magnuson-Stevens Fishery Conservation and Management Act to mandate the Secretary of Commerce implement the Crab Rationalization Program (Program) for the Bering Sea and . Aleutian Islands crab fisheries. The arbitration system is one component ofthe Program. Under the arbitration system, harvesters that are not affiliated with a processor through ownership or control linkages are permitted to unilaterally commit delivery ofharvests from Class A individual fishing quota (IFQ) to a processor with available individual processing quota (IPQ). Once committed, the IFQ holder can initiate a binding arbitration proceeding if the parties are unable to agree to the terms of delivery. This action links the timing for initiating an arbitration proceeding to the issuance of IFQ and IPQ, providing participants with a reasonable and reliable opportunity to use the arbitration system. This FRF A addresses the statutory requirements of the Regulatory Flexibility Act (RFA) of 1980, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601-612). 1992 NMFS (National Marine Fisheries Service) Library Public Domain 1861