Common use of Potential Redirection of Effort Clause in Contracts

Potential Redirection of Effort. The PCS continues to not anticipate 33 significant geographic redirection of effort as a result of the formation of the Sector as 34 surveys and Member interviews have indicated that Members intend to continue to fish in 35 approximately the same areas as the most recent prior years. The most likely anticipated 36 changes indicated by Sector Members related to the change in rolling closures approved 37 as part of Amendment 16, which are most likely over time to redirect some effort during 38 May to statistical blocks 130-131 and 136-137, and June to 143-144. Based on the 39 information available to date, however, there did not appear to be any significant changes 40 in effort. 42 If the additional GOM rolling closure exemptions are approved, it is anticipated that 43 some vessels will fish around the inside of the edges of the exempted blocks in May and 1 June in order to gain access to a more steady supply of fish. Members intend to continue 2 to fish primarily in approximately the same areas as the most recent prior years and most 3 of the sector ACE will continue to be taken from the same areas. 5 The 120 days out exemption, 20-day spawning block exemption, and other gillnet 6 exemptions are likely to have different effects for different PCS gillnet vessels. 7 Approximately eight fish from Boothbay and Xxxxx’x harbors in statistical areas 138, 8 139, 146, and 147. It is anticipated that under these exemptions they will continue to fish 9 the same areas but be able to increase their efficiency and stretch out their effort in 10 statistical areas 146 and 147 earlier into April and May, when they currently take time out 11 of the fishery. 13 For the approximately six vessels that fish from Kennebunkport and Cape Porpoise, 14 which fish primarily in areas 139 and 140 year-round, the 120-day block exemption will 15 allow them to fish in these areas during the fall “flanking season,” after September when 16 they currently take time out of the fishery. 18 As indicated in Exhibit B, the PCS does not anticipate that any currently active vessels 19 will not participate in the multispecies fishery in FY 2011, therefore it is unlikely there 20 will be any shift in effort to other fisheries by PCS vessels. 22 The PCS has conducted considerable mapping of historic effort by Members and the 23 Sector Manager will monitor trends and report to NMFS in writing should a significant 24 and adverse shift in effort occur. The Sector Manager may establish additional area or 25 gear restrictions designed to mitigate the adverse impacts of such shift, including bycatch 26 issues (marine mammal or otherwise) should they occur do to spatial shifts in effort or 27 increases in soak times. In addition to the other monitoring requirements contained in 28 this Operations Plan, the Manager will also monitor any redirection of effort and will 29 include that information in the Manager's reports to NMFS. Members that violate related 30 provisions will be subject to penalties in accordance with Exhibit A of the Operations 31 Plan. Further, any increase in “equity” issues would be addressed by the Board, which 32 will be comprised of both gillnet and trawl fishermen. 34 Further, the Members acknowledge that limited redirection of fishing effort onto stocks 35 not managed under the Plan could occur as a result of insufficient ACE for a directed 36 fishery on regulated groundfish species. If any redirection occurs they will not redirect 37 effort onto stocks which are overfished or for which overfishing is occurring. Any 38 redirection of effort into other fisheries where non-specified gear is used will be closely 39 monitored throughout the year and reported in the Annual Report. Through the reporting 40 requirements contained in this Agreement, the Manager will monitor any redirection of 41 effort and include that information in the Manager's reports to NMFS. Members that 42 violate this provision will be subject to penalties in accordance with Exhibit A.

Potential Redirection of Effort. The PCS continues to does not anticipate 33 significant geographic redirection of effort as a result of the formation of the Sector as 34 surveys and Member interviews have indicated that Members intend to continue to fish in 35 approximately the same areas as the most recent prior years. The most likely anticipated 36 changes change indicated by Sector Members is related to the change in rolling closures approved 37 as part of Amendment 16, which are is most likely over time to redirect some effort during 38 May to statistical blocks 130-131 and 136-137, and June to 143-144. Based on the 39 information available to date, however, there did not appear to be any significant changes 40 in effort. 42 If the additional GOM rolling closure exemptions are approved, it is anticipated that 43 some vessels will fish around the inside of the edges of the exempted blocks in May and 1 June in order to gain access to a more steady supply of fish. Members intend to continue 2 to fish primarily in approximately the same areas as the most recent prior years and most 3 of the sector ACE will continue to be taken from the same areas. 5 The 120 days out exemptionexemption is approved, 20-day spawning block exemption, and other gillnet 6 exemptions are there will likely to have be different effects for different PCS gillnet vessels. 7 Approximately eight one-half of the vessels (six) fish from Boothbay and Xxxxx’x harbors in statistical areas 138, 8 139, 146, and 147. It is anticipated that under these exemptions this exemption they will continue to fish 9 the same areas but be able to increase their efficiency and stretch out their effort in 10 statistical areas 146 and 147 earlier into April and May, when they currently take time out 11 of the fishery,. 13 For the approximately six vessels that fish from Kennebunkport and Cape Porpoise, 14 which fish primarily only in areas 139 and 140 year-round, the 120-day block exemption will 15 allow them to fish in these areas during the fall “flanking season,” after September 9 when 16 they currently take time out of the fishery. 18 As indicated in Exhibit B, the PCS does not anticipate anticipates that any up to two currently active vessels 19 will may not participate in the multispecies fishery in FY 2011, therefore 2010. One of these vessels holds permits to fish in the Maine lobster and shrimp fisheries and it is unlikely there 20 will be any shift in effort to these or other fisheries by PCS that vessels. 22 The second vessel holds federal xxxxxxx and scallop permits and there could be a minimal shift in effort into these fisheries. The PCS has conducted considerable mapping of historic effort by Members and the 23 Sector Manager will monitor trends and report to NMFS in writing should a significant 24 and adverse shift in effort occur. The Sector Manager may establish additional area or 25 gear restrictions designed to mitigate the adverse impacts of such shift, including bycatch 26 issues (marine mammal or otherwise) should they occur do to spatial shifts in effort or 27 increases in soak times. In addition to the other monitoring requirements contained in 28 this Operations Plan, the The Manager will also monitor any redirection of effort as part of the heightened monitoring requirements contained in the PCS Operations Plan and will 29 include that information in the Manager's reports to NMFS. Members that violate related 30 provisions will be subject to penalties in accordance with Exhibit A of the Operations 31 Plan. Further, any increase in “equity” issues would be addressed by the Board, which 32 will be comprised of both gillnet and trawl fishermen. 34 Further, the Members acknowledge that limited redirection of fishing effort onto stocks 35 not managed under the Plan could occur as a result of insufficient ACE for a directed 36 fishery on regulated groundfish species. If any redirection occurs occurs, Members agree that while using fishing gear capable of harvesting regulated groundfish stocks, they will not redirect 37 effort onto stocks which are overfished or for which overfishing is occurring. Any 38 redirection of effort into other fisheries where non-specified gear is used will be closely 39 monitored throughout the year and reported in the Annual Report. Through the reporting 40 requirements contained in this Agreement, the Manager will monitor any redirection of 41 effort and include that information in the Manager's reports to NMFS. Members that 42 violate this provision will be subject to penalties in accordance with Exhibit A.

Potential Redirection of Effort. The PCS continues to not anticipate 33 significant geographic redirection of effort as a result of the formation of the Sector as 34 surveys and Member interviews have indicated that Members intend to continue to fish in 35 approximately the same areas as the most recent prior years. The most likely anticipated 36 changes indicated by Sector Members related to the change in rolling closures approved 37 as part of Amendment 16, which are most likely over time to redirect some effort during 38 May to statistical blocks 130-131 and 136-137, and June to 143-144. Based on the 39 information available to date, however, there did not appear to be any significant changes 40 in effort. 42 If the additional GOM rolling closure exemptions are approved, it is anticipated that 43 some vessels will fish around the inside of the edges of the exempted blocks in May and 1 June in order to gain access to a more steady supply of fish. Members intend to continue 2 to fish primarily in approximately the same areas as the most recent prior years and most 3 of the sector ACE will continue to be taken from the same areas. 5 The 120 days out exemption, 20-day spawning block exemption, and other gillnet 6 exemptions are likely to have different effects for different PCS gillnet vessels. 7 Approximately eight fish from Boothbay and Xxxxx’x harbors in statistical areas 138, 8 139, 146, and 147. It is anticipated that under these exemptions they will continue to fish 9 the same areas but be able to increase their efficiency and stretch out their effort in 10 statistical areas 146 and 147 earlier into April and May, when they currently take time out 11 of the fishery. 13 For the approximately six vessels that fish from Kennebunkport and Cape Porpoise, 14 which fish primarily in areas 139 and 140 year-round, the 120-day block exemption will 15 allow them to fish in these areas during the fall “flanking season,” after September when 16 they currently take time out of the fishery. 18 As indicated in Exhibit BXxxxxx XX 0000, Xxxx Xxxxx sector vessels switched fishing efforts into the PCS does following fisheries: Sector members did not anticipate switch effort into any fisheries that any currently active vessels 19 will they hadn’t previously been involved in. We did have some people who decided not participate to catch their limited allocation but the majority of those fishermen had not been involved in the multispecies fishery in groundfish industry for some time. Those fishermen were lobstermen, using lobster trap gear, who had not been fishing for groundfish for some time yet had some history. During the first quarter of FY 2011, therefore it is unlikely there 20 will be any Port Xxxxx sector vessels switched fishing efforts into the following fisheries: Dogfish, using gillnets Lobster, using traps During FY 2012, Port Xxxxx sector anticipates a similar redistribution of effort into the fisheries above and potentially a shift in effort to other fisheries by PCS vesselsinto the xxxxxxx fishery. 22 If there is a large cut in the GOM Cod quota there may be massive redistribution of effort but at this time it cannot be anticipated what that might look like. The PCS has conducted considerable mapping of historic effort by Members and the 23 Sector Manager will monitor trends and report to NMFS in writing should a significant 24 and adverse shift in effort occur. The Sector Manager may establish additional area or 25 gear restrictions designed to mitigate the adverse impacts of such shift, including bycatch 26 issues (marine mammal or otherwise) should they occur do to spatial shifts in effort or 27 increases in soak times. In addition to the other monitoring requirements contained in 28 this Operations Plan, the Manager will also monitor any redirection of effort and will 29 include that information in the Manager's reports to NMFS. Members that violate related 30 provisions will be subject to penalties in accordance with Exhibit A of the Operations 31 Plan. Further, any increase in “equity” issues would be addressed by the Board, which 32 will be comprised of both gillnet and trawl fishermen. 34 Further, the Members acknowledge that limited redirection of fishing effort onto stocks 35 not managed under the Plan could occur as a result of insufficient ACE for a directed 36 fishery on regulated groundfish species. If any redirection occurs they will not redirect 37 effort onto stocks which are overfished or for which overfishing is occurring. Any 38 redirection of effort into other fisheries where non-specified gear is used will be closely 39 monitored throughout the year and reported in the Annual Report. Through the reporting 40 requirements contained in this Agreement, the Manager will monitor any redirection of 41 effort and include that information in the Manager's reports to NMFS. Members that 42 violate this provision will be subject to penalties in accordance with Exhibit A.