Regulatory Impact Review and Final Regulatory Flexibility Analysis of Provisions Modifying the Arbitration System For a Regulatory Amendment to Implement Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs

In August of 2005, fishing in the Bering Sea and Aleutian Island crab fisheries began under a new share-based management program. The program is unique in several ways, including the allocation of processing shares corresponding to a portion of the harvest share pool. Under the program, 90 percent of the annual catcher vessel owner harvest share allocation is issued as “Class A” individual fishing quota, which must be delivered in a designated region and may only be delivered to a processor holding unused individual processing quota. The program also includes an arbitration system that may be used to resolve ex-vessel price and other delivery term disputes for landings of harvests using Class A IFQ. In the first two years of the program, certain technical aspects of the arbitration system have limited the effectiveness of that system. This action includes alternatives that would modify four aspects of the arbitration system to improve its effectiveness.