The Use of Limited Access Privilege Programs in Mixed-Use Fisheries (2021) / Chapter Skim
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3 Progress in Meeting Goals of LAPPs and Magnuson-Stevens Fishery Conservation and Management Act as Determined by Program Reviews
3 Progress in Meeting Goals of LAPPs and Magnuson-Stevens Fishery Conservation and Management Act as Determined by Program Reviews
Pages 49-74
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From page 49... ...
) and federal permits are issued to harvest a quantity of fish as represented by a portion of the total allowable catch (TAC)
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From page 50... ...
. With regard to the reviews, the MSA states that the first review will be 5 years after implementation and thereafter reviews will coincide with the review of the umbrella Fishery Management Plan (FMP)
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From page 51... ...
Only rarely, as is the case of bluefin tuna, do these sectors require limited access permits. Moreover, some commercial fishing and the majority of recreational fishing take place in state waters, particularly in the cases of Gulf reef fish.
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From page 52... ...
Prior to the introduction of the IFQ program for red snapper in the Gulf of Mexico in 2007, the commercial fishery was regulated through a series of ever more restrictive commercial trip limits, closed seasons, gear restrictions, size limits, and closed areas both as conservation restrictions for red snapper (SEDAR, 2018) and associated fish species, and to protect sea turtles accidentally caught in the fishery.
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From page 53... ...
The original FMP simply banned certain fishing techniques deemed harmful to the marine environment. Prior to the 2007 implementation of the IFQ program, the main management tools for the commercial sectors of the fishery were overall fishery quotas, closed seasons, area and gear restrictions, and trip limits.
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From page 54... ...
Assessment of Meeting Goals and Objectives The red snapper IFQ program was implemented via Amendment 26 to the Reef Fish FMP. Box 3.1 summarizes the goals and anticipated benefits of this program, which was implemented on January 1, 2007.
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From page 55... ...
SOURCE: Adapted from Section 6.0 of the red snapper IFQ program 5-year review (Gulf of Mexico Fishery Management Council, 2013)
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From page 56... ...
grouper were deleted from the IFQ program, as were anchor tilefish and blackline tilefish. The grouper complexes demonstrate a wide range of life histories, with some being slow growing and long lived (over 70 years, e.g., Warsaw, snowy, and yellowedge groupers)
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From page 57... ...
Goldface tilefish (Caulolatilus chrysops) SOURCE: Adapted from Table 1.3.2.1 of the grouper-tilefish IFQ program 5-year review (Gulf of Mexico Fishery Management Council, 2018a)
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From page 58... ...
. Because of the large number of grouper species often caught together, additional flexibility was incorporated into the IFQ program.
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From page 59... ...
The anticipated benefits of the program as they relate to eliminating the race to harvest and improving profitability included "increased market stability, elimination of quota closures, increased flexibility for fishing operations, cost effective and enforceable management, improved safety at sea; reduction in bycatch; and balancing of economic, social and environmental benefits" (Gulf of Mexico Fishery Management Council, 2018a)
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From page 60... ...
market power • Economies of scale are not being exhausted (i.e., CHANGE: providing flexibility by average costs of production are not minimized) increasing some caps would not • Existing share and annual allocation caps are not create additional risk of market power constraining landings but would allow for further cost efficiencies Share, Allocation, and • Grouper ex-vessel prices increased minimally ISSUE: the collection of accurate Ex-Vessel Prices • Profitability of fishing operations improved due to share and allocation prices continue to the reduced operating costs be a challenge Catch and Sustainability • Year-round fishing opportunities have been CHANGE: consider replacing gag provided and red grouper multiuse shares with • Gag and red grouper multiuse shares were not as shares specifically for red and gag effective as anticipated groupers • Discards of species in program were reduced, especially red grouper and all gear types Safety at Sea • Improved safety at sea of participating commercial None stated fishers New Entrants • Crew members and hired captains who do not own CHANGE: foster access by shares have become disenfranchised considering loan programs, share redistributions, and quota banks ISSUE: promoting new entrants is inconsistent with the program goal of reducing overcapacity Monitoring and • Violations of regulations can result in a seizure of ISSUE: seizures are not deducted Enforcement annual allocation from shareholders' account until the case settles; lengthy delays undermine effectiveness CHANGE: consider improved enforcement like in red snapper Administration and Cost • Administrative changes include reporting None stated Recovery improvements for share and allocation transfer prices • Cost recovery fees have fully funded the program Program Duration • Shares are issued for 10 years and will be renewed ISSUE: longer duration is more if not rescinded, limited, or modified conducive to longer-term planning • Shares from nonactivated accounts were revoked to and conservation promote the full utilization SOURCE: Adapted from Section 13.0 of the grouper-tilefish IFQ 5-year review (Gulf of Mexico Fishery Management Council, 2018a)
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From page 61... ...
. The catch share program for BFT -- known as the IBQ program -- was established on January 1, 2015, with Amendment 7 to the 2006 Consolidated Highly Migratory Species Fishery Management Plan.
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From page 62... ...
complex of measures to improve accountability and thus reduce problems that the United States had in accounting for and reducing dead discards of bluefin tuna, while maintaining viable fisheries for other large pelagic species. Central was an electronic monitoring program, combined with a requirement to have a functioning Vessel Monitoring System aboard participating fishing vessels.
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From page 63... ...
TABLE 3.4 Bluefin Tuna IBQ 3-Year Review Conclusions by Type Recommended Changes or Issues Type of Impacts Impacts to Date (September 2019) That Remain Allocations and Accountability • The current distribution of allocation may CHANGE: consider a different Rules not align with the needs of commercial method of share allocation, and/ vessels or distribution of allocation among • Three approaches have been used for permit holders accountability and all were successful CHANGE: consider quarterly accountability Eligibility • Eligibility criteria were not excessively None stated restrictive; shares were awarded to inactive vessels Catch and Sustainability • Catch did not exceed the quota and dead None stated discards were reduced Accumulation Caps • There are data to consider accumulation CHANGE: caps on allocation used caps or shares distributed to one entity warrant consideration Data Collection, Reporting, • Compliance with Vessel Monitoring System None stated Monitoring, and Enforcement reporting requirement increased over time • Electronic monitoring program verified the counts and identification of bluefin reported by the vessel operator Duration • No duration was specified; hence, per the None stated MSA, it is not to exceed 10 years New Entrants • No unreasonable barriers; despite new None stated entrants to the fishery, there was a decline in the number of vessels allocated IBQ Cost Recovery • None CHANGE: will be considered in Amendment 13 ISSUE: will create social impact that could undermine support for the program SOURCE: Adapted from the bluefin tuna IBQ 3-year review (NMFS, 2019)
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From page 64... ...
The Fishery and Its LAPP Wreckfish (Polyprion americanus) in the South Atlantic is a predominantly commercial fishery with a nominal recreational catch (i.e., 5% of annual catch limit)
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From page 65... ...
. SOURCE: NOAA Fisheries.
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From page 66... ...
. Assessment of Meeting Goals and Objectives The IFQ program was implemented in 1992, prior to LAPP legislation, and first reviewed in 2009.
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Golden Tilefish (Mid-Atlantic) The Fishery and Its LAPP Golden tilefish (Lopholatilus chamaeleonticeps)
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Commercial fishing for golden tilefish (hereafter "tilefish") north of the North Carolina border is under the management jurisdiction of the Mid-Atlantic Fishery Management Council (MAFMC)
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From page 69... ...
The commercial fishery is very small, with only six or seven boats actively targeting golden tilefish as of 2021, and they are concentrated in two small tight-knit fishing communities, Montauk, New York, and Barnegat Light, New Jersey (see Figure 3.6) , although incidental catches of tilefish occur up and down the coast.
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From page 70... ...
The incidental sector is allotted 5% of the overall TAL. Because of allegations that some fishers are targeting golden tilefish through this permit, the MAFMC recently developed a rule requiring that it be no more than 50% by weight of the total landings.
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From page 71... ...
BOX 3.5 Goal and Anticipated Benefits of the Golden Tilefish IFQ Program Program Goal "… to reduce overcapacity in the commercial fishery, and to eliminate, to the extent possible, problems associated with a derby-style fishery." (Federal Register, 2009) Anticipated Benefits "… reduce discards and waste for sectors experiencing early closures in the commercial fishery, ...
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From page 72... ...
That Remain Participant Consolidation and • Moderate reduction of overcapacity (active None stated Overcapacity vessels declined 25% but allocation holders and dealers remained steady) Mitigating Race to Fish • Successful at fostering year-round landings, ISSUE: cannot trace price increases especially for old full-time Tier 2 and part- directly to IFQ time categories Improved Safety at Sea • Apparent reduction of marine casualty ISSUE: reductions cannot be tied to incidents the IFQ program Cost Recovery • Initial allocation holders pay, which CHANGE: consider increasing means subleasing is prohibited to facilitate flexibility by assessing fee on landings tracking Fishing Year • The fishing year differs from the period CHANGE: consider using the used for stock assessments and cost calendar year for both recovery (i.e., calendar year)
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From page 73... ...
The program reviews were tasked with evaluating the goals and objectives of the program, the underlying Fishery Management Plan, and the MSA. Because reviews can simply summarize information in other publications, in most cases it was challenging to ascertain the extent to which the non-LAPP measures of fishery performance were addressed.
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