Community Protection Measures

Hello Fishies!

What follows is another slice of the crab pie where governmental entities actually OWN some of the IFQ! Unfortunately this has been upheld from it's earlier implementation in the halibut and sablefish IFQ.

What are Community Protection Measures?

These are primarily limits on the amount of PQS and IPQ that can be used outside of communities with historic reliance on the crab fisheries, which means that more than 3% of a crab fishery was processed there. There are nine Eligible Crab Communities (ECCs): Adak, Akutan, Unalaska/Dutch Harbor, False Pass, King Cove, Kodiak, Port Moller, Saint George, and Saint Paul. The three main protection measures are:

“Cooling off” Period
Right of First Refusal (ROFR), and
QS Purchase

What is the “Cooling Off” Period?

Until July 1, 2007, PQS and IPQ based on processing history earned in an ECC generally cannot be transferred from that community. The use of IPQ outside the community during this period is limited. Ten percent of the IPQs that are issued for a crab QS fishery or 500,000 pounds (226.7 mt), whichever is less, may be leased for use outside that ECC. The amount of IPQ that may be leased outside that ECC will be divided on a pro rata basis among all PQS permit holders issued IPQ for use in that ECC for that year. Four crab fisheries would be exempt from the cooling off provision: Eastern and Western Tanner crab, Western Aleutian Islands red king crab, and Western Aleutian Islands golden king crab.

Are there any exceptions to the “Cooling Off” restrictions?

Yes, if there is an “unavoidable circumstance” then the restrictions may be lifted for a specific processor in a specific ECC. The definition of an “unavoidable circumstance” is provided in the regulations.

What is Right of First Refusal (ROFR)?

Before NMFS issues any PQS, an ECC may establish a contract with that PQS holder which guarantees the ECC first rights to any PQS proposed for sale for use outside that community. Some requirements exist for IPQ as well. ROFR does not apply to Adak.

Can communities purchase QS?

Each ECC can purchase QS and lease the IFQ to community residents. Communities would need to submit an annual report to NMFS if they purchase QS.

What happens to CDQ crab?

The allocation to CDQ* groups increases to 10% of the TAC for the rationalized crab fisheries, except for Western Aleutian golden king crab, which has a 10% allocation specific to the community of Adak. This adds two new CDQ species, Eastern Aleutian golden king crab and Western Aleutian red king crab. The Norton Sound king crab CDQ allocation remains 7.5% of the TAC.

What specific community measures apply to Adak?

(1) Cooling off period applies.
(2) ROFR does not apply.

(3) Special allocation of 10% of the Western Aleutian golden king crab TAC. This allocation goes to an entity formed by the residents of Adak, or the Aleut Corporation if an entity doesn’t form for the first 2 years only. This allocation must be used for fishery development in Adak.

(4) QS can be held and IFQ leased to residents.

(5) 50% of the Western Aleutian golden king crab must be processed in Adak.

What specific measures apply in Non-CDQ ECCs?

Cooling off period applies.
Non-CDQ ECCs may enter a ROFR contract with a processor before the PQS application is submitted to NMFS. The governing body for each non-CDQ community must select the ECC entity to represent it for purposes of ROFR. The governing body of each ECC is:

Unalaska: City of Unalaska
King Cove: City of King Cove & Aleutians East Borough
Port Moller: Aleutians East Borough
QS can be held and IFQ leased to residents.

What specific measures apply to CDQ ECCs?

Cooling off period applies.

CDQ EECs may enter a ROFR contract with a processor before the PQS application is submitted to NMFS. The governing body for each ECC is the CDQ group for that community:

Akutan, False Pass, St. George: APICDA
St. Paul: CBSFA
QS can be held and IFQ leased to residents.

What specific measures apply to Kodiak?

Cooling off period applies.

The ECC entity of Kodiak may have a ROFR contract with any processor in any community in the North Gulf of Alaska before the PQS application is submitted to NMFS. The City of Kodiak and Kodiak Island Borough select the ECC entity.

QS can be held and IFQ leased to residents.

Is the CDQ crab fishery part of the Program? Do I need to have IFQ to fish in the CDQ fishery? How does IPQ relate to the CDQ crab fisheries?

Except for the CDQ fishery for king crab in Norton Sound, all CDQ crab is "rationalized" crab. However, you do not need Quota Share (QS) or IFQ for CDQ crab fisheries. You must fish under an authorized CDQ Group's CDQ crab allocation and all crab must be delivered to a Registered Crab Receiver (RCR). An RCR does not need IPQ to receive CDQ crab.

Is your head hurting yet? Sorry but we are just scratching the surface of this insane plan.

Stay tuned!

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*Community Development Quota which will be covered next.