North Pacific Fishery Management Council Requests for Emergency Actions

2022 Council Motions

On February 10, 2022, the North Pacific Fishery Management Council (Council) made two recommendations to NOAA Fisheries for emergency or expedited changes to Federal fishing regulations.

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

1. 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 at: https://meetings.npfmc.org/Meeting/Details/2854. Additional questions addressing existing transfer options are included below.

2. 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: A Proposed Rule published on April 19, 2022 and can be found at 87 FR 23155. Comments may be submitted through May 4, 2022. If approved by the Secretary of Commerce, a final rule would be expected to publish in May or June.

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?

NMFS's 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,NMFS 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).

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 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.

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. Why did NOAA Fisheries deny the Council request to allow IFQ temporary transfers in 2022? 

The recent circumstances and continued impacts of the COVID-19 pandemic are not unforeseen nor recently discovered circumstances. In June 2021, NOAA Fisheries requested the Council consider if they wished to initiate action to prepare a regulatory amendment to address the temporary transfer provision of the IFQ Program on a permanent basis. The Council chose not to initiate a long-term action prior to the expiration of the 2021 emergency action which would have allowed the extension of that emergency rule through the end of March 2022. Had the 2021 emergency rule been extended, this would have provided IFQ holders with the certainty of having the ability to use temporary transfers at the start of the 2022 fishing season.

6. What are the Halibut and Sablefish IFQ transfer options in 2022? 

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.

7. If I use a medical transfer in 2022, does it count toward the limit of 3 in 7 years? 

Yes. Use of the medical transfer provision after March 16, 2020 is limited to three times in any seven year period (85 FR 8477, February 14, 2020). Any medical transfer application approved by NOAA Fisheries after March 16, 2020 counts toward this limitation. However, NOAA Fisheries will consult with the Council in the development of this action to consider if medical transfers approved by the agency in years during which emergency regulations were implemented to allow the widespread use of temporary transfers during the COVID-19 pandemic should count toward this limitation.

8. Can I use a 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 that 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 a 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.

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 (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 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), 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 at: https://meetings.npfmc.org/Meeting/Details/1945.

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 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.