Crabs in Cold Water Regions: Biology, Management, and Economics 693 Alaska Sea Grant College Program • AK-SG-02-01, 2002 Alaska’s Mandatory Shellfish Observer Program, 1988-2000 Larry Boyle and Mary Schwenzfeier Alaska Department of Fish and Game, Division of Commercial Fisheries, Dutch Harbor, Alaska Abstract The Alaska Department of Fish and Game (ADFG) initiated its Mandatory Shellfish Observer Program in September 1988. Industry concern over the department’s inability to monitor the harvest and processing of crabs by catcher-processor vessels and at-sea processor vessels prompted the Alaska Board of Fisheries (BOF) to implement the program. Guidelines for ob- served vessels, observer companies, and ADFG were established by the BOF. Changes enacted by the BOF over time addressed conflicts of inter- est, certification and decertification procedures for observers and observer companies, and increased observer qualifications. A federal research plan to fund state crab and federal groundfish observers through a 2% fee on landings was enacted under authority of the Magnuson Act in 1994, but was repealed in 1995. A department proposal to fund crab observer cover- age from the harvest and sale of crabs was developed for industry review in 1996. The BOF adopted a modified proposal in 1999. Observer cover- age has been implemented on catcher vessels in selected crab fisheries. Funds from harvest and sale of crabs pay for a portion of the observer costs. Current regulations allow the department to determine observer coverage levels to meet ADFG’s data collection needs. An industry task force appointed by the BOF advises ADFG and BOF on observer coverage and funding issues. While inception of the program was based on regula- tion enforcement, observers have become the primary means in most fish- eries for gathering data for research, inseason management, and developing new management measures. Introduction King and Tanner crab fisheries in the Bering Sea and Aleutian Islands (BSAI) are managed under a federal fisheries management plan (FMP). The FMP establishes a cooperative management regime that defers crab management 694 Boyle and Schwenzfeier — Alaska Shellfish Observer Program to the state of Alaska with federal oversight through the North Pacific Fishery Management Council (NPFMC 1998). The Alaska Board of Fisheries (BOF) is the regulatory body that establishes state fishery regulations within the framework of the FMP. The BOF authorized the Alaska Department of Fish and Game (ADFG) to implement its Mandatory Shellfish Observer Program in 1988. The department had traditionally collected essential biological and management data from crab catcher vessels at the point of landing, prior to processing. Industry evolution toward at-sea processing seriously eroded the department’s ability to adequately monitor harvests and collect essen- tial biological data for inseason management. In 1987 catcher-processors made up 9% of the 236 vessels fishing red king crab (Paralithodes camtschaticus ) in the Bering Sea and accounted for 20% of the 12.3 million pound harvest (Morrison 1992). Department analysis of the 1987 Bristol Bay red king crab fishery detailed significant differences in catch rates between catcher vessels and catcher-processor vessels. Overall, catcher-processor vessels caught approximately 2.5 times more pounds of crab than catcher vessels. These differences were unre- lated to vessel length, number of pots fished, gear soak time, or areas fished (Schmidt and Johnson 1988). The department suspected that fe- male crabs and undersized male red king crabs were being retained ille- gally and processed at sea by the catcher-processors. Without onboard observer coverage, female and undersized male crabs could be retained illegally and processed immediately, making it impossible to enforce size and sex regulations used to manage the fishery. During the first 2 years of the mandatory shellfish program, observ- ers concentrated on sex and size regulation compliance in their duties aboard catcher-processors. The differences in catch and landing rates be- tween catcher vessels and catcher-processors equalized after observers were placed on vessels in 1988. The mandatory onboard observer program has become an essential fisheries regulation and management tool. After the first 2 years of the program emphasis on data gathered has shifted away from regulation compliance to biological data gathering. The department and BOF now consult and use observer data for most BSAI shellfish management and regulatory decisions. Initial Program In 1988 the BOF directed ADFG to institute a mandatory onboard shellfish observer program to promote both conservation and enforcement. The board found that: • Onboard observers provide the only effective means of collecting essential biological and management data from catcher-processor and floating processor vessels that process shellfish at sea. Crabs in Cold Water Regions: Biology, Management, and Economics 695 • Fisheries onboard observers provide the only effective means to enforce regulations that protect shellfish resources. • The cost of providing onboard observers is a reasonable expense to be borne by the processors. • No acceptable management alternatives exist other than disallow- ing the operation of a vessel that refuses to cooperate with the on- board observer program. The initial shellfish observer program required observers on all vessels that processed blue king crabs (P. platypus), golden king crabs (Lithodes aequispina), red king crabs, or Tanner crabs (Chionoecetes bairdi ) at sea in Alaska. Shellfish observers were first deployed on catcher-processor vessels during the 1988 Bristol Bay red king crab fishery. Observers were briefed and debriefed in the ADFG office responsible for managing those fisher- ies. Analysis of data from the 1988 Bristol Bay fishery found no significant difference in catch rates between catcher-processor vessels and catcher vessels in the fishery (Schmidt and Johnson 1989). Data from the 1989 Bristol Bay red king crab fishery yielded similar results, and Schmidt and Johnson (1990) concluded that the presence of fishery observers on the catcher-processor vessels contributed to the similarity in the catch rates. The following roles of the vessels, independent observer companies, ADFG, and observers were established by BOF. Vessels Vessels contract and pay for observers through independent, third-party observer companies. While onboard, observers are provided food and ac- commodations equal to that of the vessel’s crew. Vessels must provide observers with a safe work area, totes to contain crab pot contents for sampling, and the opportunity to adequately sample the catch. Fishing effort, harvest, and location information is provided daily to observers. Access to communication equipment must also be provided for observers to communicate with the department for questions and information, and to transmit catch reports as specified by ADFG. Observer Companies Observer companies recruit, hire, train, and deploy their at-sea employ- ees and provide all administrative and payroll functions associated with their employment. They provide all logistical support for observers dur- ing training and deployment including food, accommodations, sampling equipment, safety gear, and transportation. Observer companies secure contracts for observer services directly with vessels. Currently, there are three observer providers certified by ADFG and active in the crab observer program. 696 Boyle and Schwenzfeier — Alaska Shellfish Observer Program Alaska Department of Fish and Game The department is responsible for establishing policies and procedures for certification and decertification of contracting agents and observers. The department, for data consistency and reliability, developed observer training standards, sampling procedures, and sampling guidelines. Observers An observer candidate must be sponsored by one of the observer companies and approved by the department. Current observer qualifications are a bachelor’s degree in biology or any branch of biology, or valid National Marine Fisheries Service (NMFS) observer certification. Observer candidates undergo training approved by ADFG and must pass a written exam. After successful completion of training, trainee observers attend a practical train- ing exam administered by ADFG in Dutch Harbor. Trainee observers have 180 days to gain their certification by successfully completing assigned tasks during two, three, or four deployments depending on the individual observer’s data collection competence level. Certified observers who are inactive for 12 consecutive months lose their certification. Observers are limited to no more than 90 days on the same vessel during a 12 month period. Revisions to the Shellfish Observer Program Subsequent revisions to the initial program have been made by the BOF. Mandatory observer coverage was expanded in 1991 to include all vessels that process snow crabs (C. opilio) at sea. The snow crab fishery was ex- cluded in the original mandatory observer program because the legal size for snow crabs of 3.1 inches in carapace width (cw) is substantially smaller than the market size of 4 inches cw. Processing of sublegal snow crabs had not been a problem; however, Bering Sea Tanner and snow crab stocks have overlapping ranges and the department had identified retention and processing of sublegal Tanner crabs as a problem during the snow crab fishery. Peak catcher-processor vessel participation and observer deployment