Regulatory Impact Review/Final Regulatory Flexibility Analysis for a Proposed Regulatory Amendment to Implement Amendment 90 to the Fishery Management Plan for Bering Sea and Aleutian Islands Groundfish a Provision Allowing Post-Delivery Transfer of Amendment 80 Shares to Amendment 80 Cooperatives

This document is a Regulatory Impact Review/Final Regulatory Flexibility Analysis (RIR/FRFA) for proposed Amendment 90 to the BSAI FMP. There are two actions under consideration in this amendment package. The first action would allow Amendment 80 vessels to engage in post-delivery transfer of their respective shares to cover catch overages. Amendment 80 established a share-based management program for non-AFA trawl catcher processors in the Bering Sea and Aleutian Islands. Under the program, cooperatives would receive allocations of six Bering Sea and Aleutian Islands (BSAI) groundfish species (Atka mackerel, Aleutian Islands (AI) Pacific ocean perch, flathead sole, Pacific cod, rock sole, and yellowfin sole). Since three separate management areas are established for both Atka mackerel and Pacific ocean perch, each cooperative will receive a total of ten allocations. In addition to these species allocations, five allocations of prohibited species catch (PSC) will be made under Amendment 80 (halibut, Zone 1 red king crab, C. opilio, Zone 1 C. bairdi, and Zone 2 C. bairdi). So, each cooperative is likely to receive fifteen separate allocations under the program. These annual allocations are binding (i.e., without provision to cover any overage or compensate for any underage). The proposed action would allow Amendment 80 vessels to transfer shares, post-delivery, to cover catch overages and prevent violations. In February 2008, the Council selected Alternative 2 as the preferred alternative, allowing unlimited post-delivery transfers of shares for qualifying vessels. 2009 NMFS (National Marine Fisheries Service) AKR (Alaska Region) Submitted Public Domain 1861