North Pacific Fishery Management Council Requests for Emergency Actions

Information about the Council's recommendations to NOAA Fisheries for emergency or expedited changes to Federal fishing regulations.

Alaska

Council Motions

On February 10, 2021, the North Pacific Fishery Management Council (Council) made four recommendations to NOAA Fisheries for emergency or expedited changes to Federal fishing regulations.

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 2021 fishing season. This action does not modify other aspects of the Individual Fishing Quota (IFQ) Program.
Council Motion: The Council requests 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.
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 2021 IFQ fishing season. This action does not modify other aspects of the IFQ Program.
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 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.

Council documents including the Council motions and public comments considered are available on the Council's website.

1. What should I expect next?

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 five to six weeks but the exact timing may vary for each action.

Effective March 19, 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 (Rockfish Program) for the 2021 fishing year (86 FR 14851, March 19, 2021). This emergency rule is intended to provide flexibility to Rockfish Program participants by moving the fishing season start date from May 1, 2021 to April 1, 2021. This emergency rule does not modify other provisions of the Rockfish Program.

Effective March 30, 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). Comments on this action are invited through April 29, 2021. Comments may be submitted electronically via the Federal e-Rulemaking Portal. Enter NOAA-NMFS-2021-0022 in the search box. Click on the “Comment” icon, complete the required fields, and enter or attach your comments.

See Question 8 for how to apply. Note: This emergency rule also removed the requirement for a notary certification on this application form for the duration of the effective period of the temporary rule.

See Questions 11 and 12 for additional information on the status of requests 3 and 4 regarding halibut vessel use caps and the Adak CQE residency requirement.

2. Who do I contact with questions?

Please read the following frequently asked questions about the Council’s requests for emergency action and for additional information or questions about permits or transfer applications, please contact:

Restricted Access Management Program (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.

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

Updates will be posted on this webpage. If a rule is published, that information will be updated on the status of ongoing rulemakings page and Federal Register rule documents will be posted on the Alaska fisheries rules and regulations page. RAM will also provide additional information and updates to IFQ holders via email.

4. When can I start using IFQ Temporary (Emergency) Transfers?

Effective March 30, 2021, IFQ Temporary Transfers are now available to individuals holding B, C, or D class QS.

5. How does the Council’s recommendation to allow IFQ temporary transfers in 2021 change existing transfer or hired master provisions?

The Council’s recommendation in February 2021 does not change existing transfer options defined in regulations under the IFQ Program. The IFQ Temporary Transfers recommended by the Council in February 2021 are different from existing transfer provisions such as the emergency medical provision or hired master provision under the IFQ Program. The IFQ Temporary Transfer provision in 2021 is only available to individuals holding B, C, or D class QS (catcher vessel QS) and this action does not change other provisions of the IFQ Program.

6. Will IFQ temporary transfers in 2021 count toward the emergency medical transfer limit of 3 in any 7 years?

No. IFQ Temporary Transfers recommended by the Council in February 2021 are a different kind of transfer than an Emergency Medical transfer described at 50 CFR 679.42(h). IFQ Temporary Transfers processed under the emergency rule authority in 2020, and the 2021 Council recommendation (if approved and implemented), will not count toward the medical transfer limit of 3 in any 7 years.

7. If I transfer my IFQ and the person receiving it is not able to fish it, can I get it returned (transferred back) to me so I can transfer it to someone else?

No. IFQ Temporary Transfers recommended by the Council in February 2021 are a one-way transfer and cannot be transferred a second time (NO RETURNS). NOAA Fisheries encourages IFQ holders to communicate closely with the transferee receiving their IFQ before processing transfer requests to ensure the transferee has the ability to harvest the IFQ in 2021.

8. How do I apply for an IFQ Temporary Transfer in 2021?

Effective March 30, 2021, a revised Temporary Transfer of Halibut/Sablefish IFQ Application is available on the IFQ applications and forms web page. Applications can be submitted to RAM through the following methods:

USPS Mail
- NMFS/AKR/RAM, PO Box 21668, Juneau, AK 99802
FAX: (907) 586-7354
In Person Drop Box
- Juneau Federal Building Lobby, 709 W. 9th Street, Juneau, AK

9. When will the Rockfish Program fishing season open in 2021?

Effective March 19, 2021, NOAA Fisheries published an emergency rule If approved, NOAA Fisheries will publish a rule in the Federal Register to modify the season start date from May 1, 2021 to April 1, 2021 for fishing vessel members of a cooperative under the Rockfish Program in the 2021 fishing year.

10. Would this action change any other Central GOA Rockfish Program regulations?

No other regulations or requirements would be changed if the Central GOA Rockfish Program season start date is changed. To be ready to start fishing, the following must be completed:

Payment of cost recovery fees
Submission of cooperative applications
Issuance of cooperative fishing quota (CQ) by the Restricted Access Management Program (RAM)
Approval of Catch Monitoring Control Plans (CMCP’s)
Compliance with observer coverage requirements

11. What is the status of the Council's request to remove halibut IFQ vessel use caps in Area 4 for the 2021 IFQ fishing season?

A: Effective May 26, 2021 through December 31, 2021, 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 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). Comments were invited through April 28, 2021.

12. What is the status of the Council request to suspend the residency requirements applicable to the Adak Community Quota Entity Program for 2021?

On April 15, 2021, NOAA Fisheries informed the NPFMC that this request for emergency action has been denied. The letter to the Council is available attached to the April Council meeting Agenda under Item B3 available at: https://meetings.npfmc.org/Meeting/Details/1945.

More Information

Questions

For additional information or questions about permits or transfer applications, please contact the Restricted Access Management Program 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.

Last updated by Alaska Regional Office on 07/16/2021

Individual Fishing Quota Gulf of Alaska Rockfish Program Alaska Community Quota Entity