North Pacific Fishery Management Council Requests for Emergency Actions

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. 

1. 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.
2. 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.
3. 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.
4. 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.

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?

If they are approved, IFQ Temporary Transfers will be available after a rule is published in the Federal Register and it becomes effective. At the earliest, an emergency rule could be published in late March or early April. NOTE: The IFQ fishing season will open at noon, Alaska local time, March 6, 2021 and an emergency rule, if approved, is likely to be published AFTER the start of the fishing season. Please monitor the status of ongoing rulemakings.

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. If approved, this IFQ Temporary Transfer provision would only be available to individuals holding B, C, or D class QS (catcher vessel QS) and this action would 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? 

If approved, a revised Temporary Transfer of Halibut/Sablefish IFQ Application will be available on the IFQ applications and forms web page.

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

If approved, NOAA Fisheries will publish a rule in the Federal Register specifying the season start date for the Central Gulf of Alaska Rockfish Program. The Council requested the season open at noon, Alaska local time, April 1, 2021. If approved, an emergency rule could be effective upon publication. 

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 next step for the Council's request to remove halibut IFQ vessel use caps in Area 4 for the 2021 IFQ fishing season?

NOAA Fisheries is working on analyzing this request. Work on this action will follow behind the IFQ Temporary Transfers and Rockfish Season date recommendations. If approved, a rule will be published in the Federal Register and this action will be available later in the fishing season. 

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

NOAA Fisheries is working on analyzing this request. Work on this action will follow behind the IFQ Temporary Transfers and Central GOA Rockfish Program Season date recommendations. If approved, a rule will be published in the Federal Register and this action will be available later in the fishing season.

More Information

• Individual Fishing Quota Program
• GOA Rockfish Program
• Community Quota Entity Program
• Restricted Access Management Program
• 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 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.