North Pacific Fishery Management Council Requests for Emergency Actions

Frequently Asked Questions

1. What happens if the Council recommends an emergency action?

NOAA Fisheries will analyze the Council’s recommendations and, if approved by the Secretary of Commerce, will publish a rule in the Federal Register. This process typically takes at least five to six weeks but the exact timing may vary for each action. If denied, NOAA Fisheries will notify the Council of the decision to deny their recommendation and also notify the public by updating information on this Alaska Region Webpage.

2. What are the criteria for approving a request for emergency Action?

NOAA Fisheries' Policy Guidelines for the Use of Emergency Rules provide that the prerequisite for such rulemaking is that an emergency must exist. The phrase "an emergency exists involving any fishery" is defined as a situation that: 

1. Results from recent, unforeseen events or recently discovered circumstances; and 
2. Presents serious conservation or management problems in the fishery; and 
3. Can be addressed through emergency regulations for which the immediate benefits outweigh the value of advance notice, public comment, and deliberative consideration of the impacts on participants to the same extent as would be expected under the normal rulemaking process.

In addition, NOAA Fisheries must have an administrative record justifying emergency regulatory action and demonstrating compliance with the Magnuson-Stevens Act, including the National Standards (see NMFS Instruction 01-101-07 (renewed October 3, 2018) and 62 FR 44421, August 21, 1997).

Emergency Justification

If the time it would take to complete notice-and-comment rulemaking or complete a fishery management plan or amendment would result in substantial damage or loss to a living marine resource, habitat, fishery, industry participants or communities, or substantial adverse impacts to the public health, emergency action might be justified under one or more of the following situations: 

1. Ecological- (A)to prevent overfishing as defined in a Fishery Management Plan (FMP), or as defined by the Secretary in the absence of an FMP, or (B) to prevent other serious damage to the fishery resource or habitat; or 
2. Economic- to prevent significant direct economic loss or preserve a significant economic opportunity that otherwise might be foregone; or 
3. Social- to prevent significant community impacts or conflict between user groups; or 
4. Public Health- to prevent significant adverse effects to the health of participants in a fishery or to the consumers of seafood products.

3. Who do I contact with questions?

Please read the following frequently asked questions about the Council’s requests for emergency action. 

•  For additional information or questions about permits or transfer applications, please contact the Restricted Access Management Division (RAM) at: (800) 304-4846 option #2 or (907) 586-7474 or by email at RAM.Alaska@noaa.gov. 
• For additional information or questions about regulations and the rulemaking process, please contact the Sustainable Fisheries Division at (907) 586-7228.

4. How will I know if these recommendations are approved and implemented?

This webpage includes updates and the current status for Council requests for emergency or expedited action.

5. What are the Halibut and Sablefish IFQ transfer options? 

Temporary transfers of CV IFQ are allowed under six special circumstances:

• Medical transfers - 50 CFR 679.42(d)
• Beneficiary (survivorship) transfer privileges - 50 CFR 679.41(k)
• Military transfers - 50 CFR 679.41(m)
• Transfers through Community Quota Entities - 50 CFR 679.41(l)
• IFQ to guided angler fish transfers 50 CFR 300.65(c)(5)
• IFQ transferred to Community Development Quota groups in years of low halibut abundance in Areas 4BCD - 50 CFR 679.41(o)

Additional regulations governing IFQ transfers and limitations may be found at 50 CFR 679.41 and 50 CFR 679.42. Transfer application forms are available on the IFQ applications and forms web page.

6. If I used an IFQ medical transfer in 2020, 2021, or 2022, does it count toward the limit of 3 in 7 years? 

No. Regulations at § 679.42 were revised to exclude medical transfers approved in 2020, 2021, or 2022 from the use restriction detailed at § 679.42(d)(2)(iv)(C). Any medical transfers approved in 2020, 2021, or 2022 do not count toward the limit of 3 in 7 years specified at § 679.42(d)(2)(iv)(C) (88 FR 12259, February 27, 2023).

7. If I use an IFQ medical transfer in 2023 or any future year, does it count toward the limit of 3 in 7 years?

Yes. Use of the medical transfer provision after December 31, 2022 is limited to three times in any seven year period (85 FR 8477, February 14, 2020 and 88 FR 12259, February 27, 2023). Any medical transfer application approved by NOAA Fisheries after December 31, 2022 counts toward this limitation.

8. Can I use an IFQ medical transfer if I have COVID-19 risk factors? 

Yes, NOAA Fisheries will approve any application for an emergency medical transfer that contains a brief description for any medical condition that a Health Care Provider determines would prevent the QS holder from participating in the fishery. The application must be signed by a health care provider as defined at 679.2 and contain a brief description of the health condition. If a health care provider determines that the health risks to the QS holder or a QS holder’s immediate family member would prevent them from fishing, then NOAA Fisheries will approve the application form.

9. Can I use an IFQ medical transfer if I have an underlying medical condition that is not temporary such as heart disease or asthma?

Yes, NOAA Fisheries will approve any application for an emergency medical transfer that contains a brief description for any medical condition that a Health Care Provider determines would prevent the QS holder from participating in the fishery.

10. What participation requirements apply for Crab C shares in the 2022/2023 crab fishing year?

Through emergency action, NOAA Fisheries temporarily suspended the active participation requirement for captains and crew holding crew quota or C shares under the Bering Sea and Aleutian Islands Crab Rationalization Program (CR Program) (87 FR 42390, July 15, 2022). This emergency rule temporarily suspends the requirement for NOAA Fisheries to withhold Individual Fishing Quota (IFQ) and revoke quota share (QS) from individuals who do not meet active participation requirements for the 2022/2023 crab fishing year. This emergency rule does not modify other provisions of the CR Program. This emergency rule is effective from July 15, 2022 through January 11, 2023 and does not modify the participation requirements that will apply in subsequent crab fishing years.

11. What participation requirements apply for Crab C shares in the 2023/2024 crab fishing year?

Unless regulations are changed by the start of the 2023/2024 crab fishing year on July 1, 2023, C share QS holders will be required to demonstrate compliance with participation requirements to receive annual IFQ (see regulations at 50 CFR § 680.40(g)(2)) and to retain C share QS (see regulations at § 680.40(m)). The temporary relief from participation requirements in the 2022/2023 crab fishing year will provide C share QS holders with the opportunity to participate in the fishery in 2022/2023, when they would otherwise have had their IFQ withheld or QS revoked in 2022, and thus providing those individuals with the opportunity to meet requirements to receive annual IFQ for the subsequent three crab fishing years and to retain their QS in the subsequent four crab fishing years.

In order to receive IFQ, QS holders may demonstrate compliance with participation requirements by either:

1. participation as crew in at least one delivery in a CR Program fishery in the three crab fishing years preceding the crab fishing year for which the holder is applying for IFQ; or
2. if the individual was an initial recipient of C shares, participation as crew in at least 30 days of fishing in a commercial fishery managed by the State of Alaska or a U.S. commercial fishery in Federal waters off Alaska in the three crab fishing years preceding the crab fishing year for which the holder is applying for IFQ.

To avoid revocation of QS, the same participation requirements apply but for the four previous crab fishing years.

For example, Pete holds C share QS and he last submitted documentation of active participation in the 2018/2019 crab fishing year. Because of the emergency rule, NOAA Fisheries did not withhold Pete’s IFQ or revoke his QS in the 2022/2023 crab fishing year. Pete has the opportunity to participate in the fishery (by one of the methods listed above) in the 2022/2023 crab fishing year to ensure he receives his IFQ for the next 3 crab fishing years and can retain his QS for the next 4 crab fishing years.

As another example, Colin holds C share QS and he last submitted documentation of active participation in the 2017/2018 crab fishing year. Although Colin has not actively participated for four fishing years, because of the emergency rule, NOAA Fisheries did not revoke Colin's QS in the 2022/2023 crab fishing year. Colin has the opportunity to participate in the fishery (by one of the methods listed above) in the 2022/2023 crab fishing year to ensure he receives his IFQ for the next 3 crab fishing years and can retain his QS for the next 4 crab fishing years.

The Council has initiated action to analyze potential changes to the C share participation requirements; however, due to the time needed for the Council to analyze and NOAA Fisheries to implement a potential change to regulations, the current active participation requirement is unlikely to be modified in regulations prior to the 2023/2024 crab fishing year.

2022 Council Motions

On February 10, 2022 and June 13, 2022, the North Pacific Fishery Management Council recommended emergency and expedited actions to NOAA Fisheries to implement temporary regulations. 

Council documents, including the Council motions and public comments considered, are available on the Council’s February 2022 and June 2022 meeting agendas. 

1. Crab C Share Recent Participation Council Motion: The Council requests the Secretary promulgate emergency regulations under the authority of Section 305(c) of the Magnuson-Stevens Act to suspend the recent participation requirements for Catcher Vessel Crew (CVC) QS and Catcher Processor Crew (CPC) QS and suspend any revocation of and issue all IFQ for the CVC QS and CPC QS for this upcoming 2022/23 fishing season. The urgency to do this now is that the application deadline for the upcoming 2022/23 season is June 15, 2022. This action would not modify other aspects of the CR Program.
   Status: Effective July 15, 2022 through January 11, 2023, NOAA fisheries issued an emergency rule to temporarily suspend the active participation requirement for captains and crew holding crew quota or C shares under the Bering Sea and Aleutian Islands Crab Rationalization Program (CR Program) (87 FR 42390, July 15, 2022). NOAA Fisheries invites public comments to be submitted through August 15, 2022. Please see questions 10 and 11 below for additional information.
2. IFQ Temporary transfers 2022 Council Motion: The Council requests the Secretary promulgate emergency regulations under the authority of Section 305(c) of the Magnuson-Stevens Act to allow the temporary transfer of catcher vessel halibut and sablefish IFQ for all individual quota share holders for the 2022 fishing season. This action does not modify other aspects of the Individual Fishing Quota (IFQ) Program.

   Status: In a letter dated March 30, 2022, NOAA Fisheries informed the NPFMC that this request for emergency action has been denied. The letter to the Council is attached to the April Council meeting Agenda under Item B2. Additional questions addressing existing transfer options are included below.

3. Halibut Vessel Use Caps in Area 4 2022 Council Motion: The Council requests the Secretary promulgate expedited regulations to remove vessel use cap regulations under 50 CFR Section 679.42(h)(1) for IFQ halibut harvested in IPHC regulatory Areas 4A, 4B, 4C, and 4D for the 2022 IFQ fishing season. This action does not modify other aspects of the IFQ Program.

   Status: Effective June 6, 2022 through December 31, 2022, NOAA Fisheries issues a final rule to remove limits on the maximum amount of halibut Individual Fishing Quota (IFQ) that may be harvested by a vessel, commonly known as vessel use caps, in IFQ regulatory areas 4A (Eastern Aleutian Islands), 4B (Central and Western Aleutian Islands), 4C (Central Bering Sea), and 4D (Eastern Bering Sea) for the 2022 IFQ fishing year (87 FR 34215, June 6, 2022). NOAA Fisheries published a proposed rule in the Federal Register (87 FR 23155, April 19, 2022), with a 15-day open public comment period that closed on May 4, 2022.

2021 Council Motions

IFQ Temporary Transfers 2021 Council Motion: The Council requested the Secretary promulgate emergency regulations under the authority of Section 305(c) of the Magnuson-Stevens Act to allow the temporary transfer of catcher vessel halibut and sablefish IFQ for all individual quota share holders for the 2021 fishing season. This action does not modify other aspects of the IFQ Program.

Status: Effective March 30, 2021 through September 27, 2021, NOAA Fisheries issued a temporary rule (emergency rule) to modify the temporary transfer provision of the Individual Fishing Quota (IFQ) Program for the fixed-gear commercial Pacific halibut and sablefish fisheries for the 2021 IFQ fishing year (86 FR 16542, March 30, 2021).

Rockfish Program Season Date Council Motion: The Council requested the Secretary promulgate emergency regulations under the authority of Section 305(c) of the Magnuson-Stevens Act to move the start date of the 2021 Central Gulf Rockfish Program fishery to April 1 (regulations under 50 CFR 679.80(a)(3)(ii)). This action does not modify other aspects of the Central Gulf Rockfish Program.

Status: Effective March 19, 2021 through September 15, 2021, NOAA Fisheries published an emergency rule to modify the fishing season start date for fishing vessels participating in a rockfish cooperative as part of the Central Gulf of Alaska Rockfish Program for the 2021 fishing year (86 FR 14851, March 19, 2021).

Halibut Vessel Use Caps in Area 4 2021 Council Motion: The Council requested the Secretary promulgate expedited regulations to remove vessel use cap regulations under 50 CFR Section 679.42(h)(1) for IFQ halibut harvested in IPHC regulatory Areas 4A, 4B, 4C, and 4D for the 2021 IFQ fishing season. This action does not modify other aspects of the IFQ Program.

Status: Effective May 26, 2021 through December 31, 2021, NOAA Fisheries issued a final rule to remove limits on the maximum amount of halibut Individual Fishing Quota (IFQ) that may be harvested by a vessel, commonly known as vessel use caps, in IFQ regulatory areas 4A (Eastern Aleutian Islands), 4B (Central and Western Aleutian Islands), 4C (Central Bering Sea), and 4D (Eastern Bering Sea) for the 2021 IFQ fishing year  (86 FR 28294, May 26, 2021). NOAA Fisheries published a proposed rule in the Federal Register (86 FR 19207, April 13, 2021), with a 15-day open public comment period that closed on April 28, 2021.

Adak CQE Residency Council Motion: The Council requested the Secretary promulgate emergency regulations under  the authority of Section 305(c) of the Magnuson-Stevens Act to suspend the residency requirements applicable to the Adak Community Quota Entity Program for 2021 (50 CFR 679.41(g)(6)(ii)). This action does not modify other aspects of the CQE or IFQ Program.

Status: On April 15, 2021, NOAA Fisheries informed the NPFMC that this request for emergency action has been denied. The letter to the Council is attached to the April Council meeting Agenda under Item B3.

2020 Council Motions

IFQ Temporary Transfers 2020 Council Motion: The Council requested the Secretary promulgate emergency regulations under the authority of Section 305(c) of the Magnuson-Stevens Act to allow the temporary transfer of halibut and sablefish IFQ for all quota share holders for the remainder of the 2020 fishing season. This action did not modify other aspects of the IFQ Program.

Status: Effective June 25, 2020 through December 22, 2020, NOAA Fisheries issued a temporary rule (emergency rule) to modify the temporary transfer provision of the Individual Fishing Quota (IFQ) Program for the fixed-gear commercial Pacific halibut and sablefish fisheries for the 2021 IFQ fishing year (85 FR 38100, June 25, 2020).

Revised Charter Halibut Management Measures Council Motion: The Council recommended revised management measures to the International Pacific Halibut Commission (IPHC) for IPHC regulatory Area 2C and 3A for the remainder of the 2020 fishing season. 

Status:  Effective May 28, 2020, NOAA Fisheries published revised 2020 regulations for guided Pacific halibut sport fishing in International Pacific Halibut Commission (IPHC) Regulatory Areas 2A, 2C, and 3A (85 FR 37023, June 19, 2020).

Halibut Vessel Use Caps in Area 4 2020 Council Motion: The Council requested the Secretary promulgate emergency regulations under the authority of Section 305(c) of the Magnuson-Stevens Act to remove vessel use cap regulations under 50 CFR Section 679.42(h)(1) for IFQ halibut harvested in IPHC regulatory Areas 4B, 4C, and 4D for the remainder of the 2020 IFQ fishing season. This action did not modify other aspects of the IFQ Program.

Status: Effective July 8, 2020 through December 31, 2020, NOAA Fisheries issued a final rule to revise regulations for the commercial individual fishing quota (IFQ) Pacific halibut (halibut) fisheries for the 2020 IFQ fishing year. This final rule removed limits on the maximum amount of halibut IFQ that may be harvested by a vessel, commonly known as vessel use caps, in IFQ regulatory areas 4B (Aleutian Islands), 4C (Central Bering Sea), and 4D (Eastern Bering Sea) (85 FR 41197, July 9, 2020).

More Information

• Individual Fishing Quota Program
• GOA Rockfish Program
• Community Quota Entity Program
• Restricted Access Management Division
• Federal Fisheries in Alaska
• North Pacific Fishery Management Council

Questions

• For additional information or questions about permits or transfer applications, please contact the Restricted Access Management Division at: (800) 304-4846 option #2 or (907) 586-7474 or by email at RAM.Alaska@noaa.gov. 
• For additional information or questions about regulations and the rulemaking process, please contact the Sustainable Fisheries Division at (907) 586-7228.