Rule2022-15193
Fisheries of the Exclusive Economic Zone off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Program; C Shares
Primary source
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Published
July 15, 2022
Effective
July 15, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues 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). This emergency action temporarily suspends the requirement 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 is intended to provide flexibility to C share holders in the 2022/2023 crab fishing year. This emergency rule does not modify other provisions of the CR Program. This emergency rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs, and other applicable laws.
Full Text
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<title>Federal Register, Volume 87 Issue 135 (Friday, July 15, 2022)</title>
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[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Rules and Regulations]
[Pages 42390-42394]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15193]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 680
[Docket No.: 220712-0153]
RIN 0648-BL60
Fisheries of the Exclusive Economic Zone off Alaska; Bering Sea
and Aleutian Islands Crab Rationalization Program; C Shares
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action.
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SUMMARY: NMFS issues 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). This emergency action temporarily
suspends the requirement 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 is intended to provide flexibility to C share holders in
the 2022/2023 crab fishing year. This emergency rule does not modify
other provisions of the CR Program. This emergency rule is intended to
promote the goals and objectives of the Magnuson-Stevens Fishery
Conservation and Management Act, the Fishery Management Plan for Bering
Sea/Aleutian Islands King and Tanner Crabs, and other applicable laws.
DATES: Effective July 15, 2022 through January 11, 2023. Comments must
be received by August 15, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0067, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2022-0067 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to the Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region NMFS. Mail
comments to P.O. Box 21668, Juneau, AK 99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of this emergency rule may be obtained from
<a href="https://www.regulations.gov">https://www.regulations.gov</a> identified by Docket ID NOAA-NMFS-2021-0021
or from the NMFS Alaska Region website at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>.
FOR FURTHER INFORMATION CONTACT: Alicia M. Miller, 907-586-7228.
SUPPLEMENTARY INFORMATION: The king and Tanner crab fisheries in the
exclusive economic zone of the Bering Sea and Aleutian Islands (BSAI)
are managed under the Fishery Management Plan for Bering Sea/Aleutian
Islands King and Tanner Crabs
[[Page 42391]]
FMP (FMP). The FMP was prepared by the North Pacific Fishery Management
Council (Council) under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) as amended by the Consolidated
Appropriations Act of 2004 (Pub. L 108-199, section 801). Regulations
implementing the FMP, including the CR Program, are primarily located
at 50 CFR part 680.
Background
On June 10, 2022, the Council received a request from its Advisory
Panel to consider emergency action under section 305(c) of the
Magnuson-Stevens Act to provide flexibility to CR Program participants
who hold catcher vessel crew (CVC) quota share (QS) or catcher
processor crew (CPC) QS in the 2022/2023 crab fishing year. On June 13,
2022, the Council recommended that NMFS implement an emergency rule to
suspend the recent participation requirements under the CR Program for
CVC QS and CPC QS holders and not withhold individual fishing quota
(IFQ) or revoke QS in the 2022/2023 crab fishing year.
The following sections provide an overview of the CR Program and
crew shares (C shares), the emergency rule, and justification for
emergency action.
Overview of CR Program and C Shares
The CR Program is a limited access privilege program that allocates
the harvest of certain crab fisheries managed under the FMP among
harvesters, processors, and coastal communities. Under the CR Program,
NMFS issued four types of QS to persons based on their qualifying
harvest histories in certain BSAI crab fisheries during a specific
period of time defined under the CR Program. The four types of QS are
catcher vessel owner (CVO), catcher/processor owner (CPO), catcher
vessel crew (CVC), and catcher processor crew (CPC). CVC and CPC QS are
also known as ``crew shares'' or ``C shares.'' At the beginning of the
CR Program, NMFS issued 97 percent of the QS as owner QS, either CVO or
CPO, and issued the remaining three percent as C shares, either CVC or
CPC.
NMFS issued C shares to individuals holding State of Alaska
Commercial Fisheries Entry Commission Interim Use Permits, generally
vessel captains, who met specific historical and recent participation
requirements in CR Program fisheries. NMFS did not issue C shares to
individuals who did not meet both the historical and recent
participation criteria. After the initial issuance of C shares
individuals could only acquire C shares through transfer.
On May 1, 2015, NMFS issued regulations to implement Amendment 31
to the FMP (80 FR 15891, March 26, 2015) to modify regulations
governing the acquisition, use, and retention of C shares, under the CR
Program. Regulations implementing Amendment 31 temporarily expanded the
eligibility requirements for individuals wishing to acquire C share QS
by transfer; established the current regulations for minimum
participation requirements for C share QS holders to be eligible to
receive an annual allocation of IFQ; established minimum participation
requirements for C share QS holders to be eligible to retain their C
share QS as well as the administrative process for revocation of an
individual's C share QS if he or she fails to satisfy the minimum
participation requirements. For more detailed descriptions of the
regulations implementing Amendment 31 to the FMP and the rationale for
those actions, please see the preamble of the proposed rule (79 FR
77427; December 24, 2014) and the preamble of the final rule (80 FR
15891, March 26, 2015).
Following the implementation of Amendment 31, in order to receive
an annual allocation of C share IFQ, the regulations require a C share
QS holder to have either (1) participated 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,
participated as crew in at least 30 days of fishing in a commercial
fishery managed by the of 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 (Sec.
680.40(g)(2)). The regulations also require holders of C share QS to
meet similar participation requirements over a span of 4 years in order
to retain their C share QS (Sec. 680.40(m)).
If a C share QS holder fails to satisfy the participation
requirements three crab fishing years in a row, NMFS will send that
individual a notice of withholding and will not issue IFQ for the
subsequent crab fishing year (Sec. 680.40(g)(3)(i)). If a C share QS
holder fails to satisfy the participation requirements four crab
fishing years in a row and does not divest his or her C share QS, NMFS
will revoke the C share QS (Sec. 680.40(m)(4)). C share holders are
permitted to lease their IFQ and join cooperatives; however, all C
share QS holders must meet the participation requirements in order to
receive C share IFQ and retain C share QS (Sec. 680.40(m)). Those C
share QS holders who lease C share IFQ or join a cooperative are not
exempt from the participation requirements.
Each year, a QS holder submits a timely and complete ``Application
for Annual Crab Individual Fishing Quota (IFQ) Permit'' in order to
receive an exclusive harvest privilege for a portion of the total
allowable catch (TAC) for each CR Program fishery in which the person
holds QS (Sec. 680.40(g)). This harvest privilege is conferred as IFQ,
and provides the QS holder with an annual allocation of pounds of crab
for harvest in a specific CR Program crab fishery during the year in
which it was allocated. The size of each annual IFQ allocation is based
on the amount of QS held by a person in relation to the total QS pool
in a crab fishery (Sec. 680.40(h)). For example, an individual holding
C share QS equaling one percent of the C share QS pool in a crab
fishery would receive IFQ to harvest one percent of the annual TAC
allocated to C share QS in that crab fishery. Current regulations allow
C share IFQ to be delivered to any registered crab receiver (see Sec.
680.40(b)(2)). Annually, C share IFQ is assigned based on the
individual's underlying QS. In a CR Program fishery, the annual
allocation of IFQ assigned to any person is based on the TAC for that
crab QS fishery less the allocation to the Western Alaska Community
Development Quota (CDQ) Program and the Western Aleutian Islands golden
king crab fishery. This annual calculation is expressed in regulations
at Sec. 680.40(h).
In developing the CR Program and Amendment 31, the Council and NMFS
intended that individuals holding C share QS are active in CR Program
fisheries. In addition to the participation requirements applicable to
the issuance of C share IFQ and retention of C share QS, the CR Program
also includes participation criteria that must be satisfied for an
individual to be eligible to receive C share QS by transfer.
To receive C share QS by transfer, current regulations require an
applicant to meet eligibility requirements at the time of transfer
(Sec. 680.41(c)). To meet these eligibility requirements, an
individual may submit an Application for CR Program Eligibility to
Receive QS/PQS or IFQ/IPQ by Transfer in advance of, or concurrently
with, their Application for Transfer of Crab Quota Share (QS) or
Application for Transfer of Crab Processor Quota Share (PQS). The
regulations require that an individual must be a U.S. citizen with (1)
at least 150 days of sea time as part of a harvesting crew in any U.S.
commercial fishery; and (2) participation as crew in one of the CR
[[Page 42392]]
Program fisheries in the 365 days prior to the date the transfer
application is submitted to NMFS. If NMFS determines that an individual
is eligible to receive C share QS by transfer, that individual would be
required to submit proof of participation as crew in one of the CR
Program fisheries in the 365 days prior to the date of their
application to transfer QS if more than 365 days has elapsed between
NMFS's determination of eligibility and the submission of the transfer
application (Sec. 680.41(c)(2)(ii)(C)).
When NMFS implemented the CR Program in 2005, NMFS made initial
allocations of C share QS to Commercial Fisheries Entry Commission
permit holders that were individuals (i.e., a natural person who is not
a corporation, partnership, association, or other such entity), U.S.
citizens, and who met the historical and recent participation
requirements established at the time. Based on those criteria, 239
individuals received initial allocations of C share QS. These
individuals were mostly captains. The expanded eligibility requirements
implemented with Amendment 31 to the FMP provided an opportunity from
May 1, 2015, until May 1, 2019, for those individuals who may have been
forced out of the crab fisheries due to fleet contraction at the
beginning of the CR Program to obtain C shares to fish crab again.
Upon implementation of Amendment 31 to the FMP, one hundred and
seventy-nine individuals held C shares. Of those individuals, 70 were
estimated to have been part of the 239 individuals who received an
initial allocation of C shares based on their historical participation.
Currently, 155 individuals hold C shares.
This Emergency Rule and Justification for Emergency Action
This emergency rule temporarily suspends the active participation
requirements for persons holding C shares QS by removing NMFS's
obligation to consider an individual's recent participation in
reviewing 2022 applications for C share IFQ and to make decisions about
whether to withhold IFQ or revoke QS in the 2022/2023 crab fishing
year. This emergency rule does not suspend the participation
requirements applicable for an individual to be eligible to receive C
share QS by transfer. This emergency rule is intended to provide
temporary relief from the participation requirements for C share QS
holders for the 2022/2023 crab fishing year. This emergency rule
temporarily adds regulations at Sec. 680.40(g)(4) and (m)(6) and Sec.
680.43(d) instructing the NMFS Regional Administrator to not consider
participation requirements for the 2022/2023 crab fishing year upon
review of an Application for Annual Crab Individual Fishing Quota (IFQ)
Permit submitted in 2022. This emergency rule does not modify any other
aspect of the CR Program and would not affect subsequent crab fishing
years.
In subsequent crab fishing years, in order to receive an annual
allocation of C share IFQ, holders of C shares (CVC or CPC QS) must
meet the recent participation requirements specified at Sec.
680.40(g)(2) and described above. Additionally, in subsequent crab
fishing years holders of C share QS will be required to meet
participation requirements over a span of the four preceding years in
order to retain their C share QS, as specified at Sec. 680.40(m). The
temporary relief from participation requirements in the 2022/2023 crab
fishing year will provide some 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 retain
their QS for the subsequent four crab fishing years and receive annual
IFQ for the subsequent three crab fishing years.
After the 2022/2023 crab fishing year, if a C share QS holder has
failed to satisfy the recent participation requirements and does not
divest his or her C share QS, NMFS will revoke the C share QS pursuant
to Sec. Sec. 680.40(m) & 680.43. If a C share QS holder satisfies the
participation requirements to receive C share IFQ pursuant to Sec.
680.40(g)(2), the holder also will satisfy the participation
requirements for retention of C share QS.
This emergency action does not impose additional restrictions on CR
Program participants, but would temporarily provide relief to C share
QS holders from the participation requirement for the 2022/2023 crab
fishing year. This emergency rule does not increase the amount of TAC
available for harvest, increase the risk of overfishing, or otherwise
modify conservation measures. This emergency rule is needed to provide
relief to C share QS holders from the participation requirements for
the years preceding the 2022/2023 crab fishing year due to the impacts
of the COVID-19 pandemic and significant reduction in the overall crab
TAC in the 2021/2022 crab fishing year. This emergency rule does not
modify existing requirements on the types of vessels and gear that
could be used, monitoring requirements, record keeping regulations, or
other aspects of the CR Program.
Section 305(c) of the Magnuson-Stevens Act authorizes the Secretary
of Commerce (Secretary) to promulgate regulations to address an
emergency (16 U.S.C. 1855(c)). Under that section, a Council may
request that the Secretary promulgate emergency regulations. NMFS's
Policy Guidelines for the Use of Emergency Rules require that an
emergency must exist and that NMFS have an administrative record
justifying emergency regulatory action and demonstrating compliance
with the Magnuson-Stevens Act and the National Standards (see NMFS
Procedure 01-101-07; 62 FR 44421, August 21, 1997). Emergency
rulemaking is intended for circumstances that are ``extremely urgent,''
where ``substantial harm to or disruption of the . . . fishery . . .
would be caused in the time it would take to follow standard rulemaking
procedures (62 FR 44421, August 21, 1997).''
Under NMFS's Policy Guidelines for the Use of Emergency Rules, the
phrase ``an emergency exists involving any fishery'' is defined as a
situation that meets the following three criteria:
1. Results from recent, unforeseen events or recently discovered
circumstances;
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.
The following sections describe why the Council and NMFS determined
that this action meets these criteria.
Criterion 1--Recent, Unforeseen Events or Recently Discovered
Circumstances
The combined impact of two unforeseen events--the COVID-19 pandemic
and the sudden and recent reduction of the overall crab TACs in the
2021/2022 crab fishing year--led to the recently discovered
circumstance that a number of CVC and CPC QS holders may be subject to
withholding of IFQ or revocation of QS because there was insufficient
opportunity to participate in the CR fisheries in recent years.
Beginning in March 2020 (the last quarter of the 2019/2020 crab fishing
year), fishing activity has been impacted by the unexpected COVID-19
pandemic. Vessel operations continued to be impacted by ongoing
outbreaks of the COVID-19 pandemic throughout the
[[Page 42393]]
2020/2021 and 2021/2022 crab fishing years. While vessels and crew
attempted to adapt, the extent and duration of the COVID-19 pandemic
presented unforeseen challenges in the prosecution of the crab
fisheries in Alaska. This included travel restrictions and health
mandates that broadly impacted fishing operations. By the last quarter
of the 2021/2022 crab fishing year, substantial progress had been made
to safely move forward and get back to more normal routines including
the use of vaccines and treatments for severe illness, preparing for
new variants, ending the closure of schools and businesses, and
returning to the office.
In October 2021, NMFS determined the Bering Sea snow crab stock to
be overfished. The sudden decline of the snow crab biomass resulted in
an 88 percent reduction in overall BSAI crab TAC in the 2021/2022 crab
fishing year. This large reduction in overall crab TAC reduced
available crew jobs because fewer vessels operated in the fishery and
made fewer CR Program landings in the 2021/2022 crab fishing year. In
the 2021/2022 crab fishing year, there were 380 vessel landings in the
CR Program fisheries. This is less than half the annual average number
of landings made by vessels in the preceding 5 year period at
approximately 837 per year.
The combination of the COVID-19 pandemic and sudden decline in CR
Program TACs limited the ability of CVC and CPC QS holders to meet
participation requirements necessary to receive an annual allocation of
IFQ and retain C share QS. In particular, the health risks of the
pandemic may have limited crew jobs in the 2019/2020, 2020/2021, and
2021/2022 crab fishing years, a situation compounded by the large
reduction of overall BSAI crab TAC in the 2021/2022 crab fishing year.
The impacts of these events have resulted in the recently discovered
circumstances that it will be difficult for CVC and CPC QS holders to
demonstrate compliance with recent participation requirements when
applying for IFQ for the 2022/2023 crab fishing year and for retaining
C shares QS.
Criterion 2--Presents Serious Conservation or Management Problems in
the Fishery
The C shares were included in the BSAI CR Program to protect the
interests of qualifying crew by allocating 3 percent of the initial QS
pool to C shares. In creating the CR Program, the Council and NMFS
intended the economic benefits of C shares and resulting IFQ to flow to
at-sea participants in the fisheries by including an active
participation requirement for C share QS holders.
The active participation requirement was expected to influence the
market for C shares to be more active and fluid, since individuals who
retire or exit the fisheries would have an incentive to transfer their
C shares before NMFS would revoke C share QS and remove it from the C
share QS pool.
Due to the impacts of the COVID-19 pandemic and significant
reduction in the overall crab TAC in the 2021/2022 crab fishing year,
CVC and CPC QS holders may not meet participation requirements
necessary to receive an annual allocation of IFQ and retain C share QS
for the 2022/2023 crab fishing year. Additionally, low market value for
C shares due to the recent declines in CR Program TACs may limit market
opportunities to divest C shares on the QS market.
As part of Amendment 31 to the FMP, the Council and NMFS
implemented specific C share provisions to address concerns of crews
displaced by fleet consolidation to provide opportunity for those
interested in acquiring C shares to maintain an interest in the
fisheries. The potential withholding of C share IFQ and revocation of C
share QS due to COVID-19 pandemic impacts and significant crab TAC
reduction presents a serious management problem for the BSAI CR
Program.
Criterion 3--Can Be Addressed Through Emergency Rulemaking for Which
the Immediate Benefits Outweigh the Value of Notice and Comment
Rulemaking
NMFS and the Council have determined that the emergency situation
created by the combined impact of the COVID-19 pandemic and the sudden
and recent reduction of overall crab TACs on C share QS holders'
ability to meet active participation requirements can be addressed by
emergency regulations. The Council requested emergency action at its
regularly scheduled June 2022 meeting. The application deadline for the
2022/2023 crab fishing year is June 15, 2022, after which NMFS will
review applications for annual IFQ including documentation submitted to
demonstrate compliance with recent participation requirements. NMFS
will make initial decisions about withholding annual IFQ or revoking C
share QS prior to the issuance of IFQ for the opening of the crab
fishing season, which is anticipated to occur on or after July 15,
2022. The Council and NMFS believe the value of emergency action to
suspend withholding of C share IFQ and revocation of C share QS
outweighs the value of notice and comment rulemaking for the 2022/2023
crab fishing year.
To address the emergency in a timely manner, NMFS must implement an
emergency rule that waives the notice-and-comment rulemaking period.
The benefits of waiving notice-and-comment rulemaking will serve the
affected C share QS holders by temporarily suspending the requirement
for NMFS to withhold IFQ and revoke QS from individuals that do not
meet active participation requirements for the 2022/2023 crab fishing
year. Any delay of implementing this emergency rule could result in
adverse economic harm to individuals who may have their annual IFQ
withheld or C share QS revoked for the 2022/2023 crab fishing year.
The Council could not recommend and NMFS cannot implement
regulations through the conventional notice-and-comment rulemaking
process before NMFS must make initial decisions about withholding
annual IFQ or revoking C share QS prior to the issuance of IFQ for the
opening of the crab fishing season, which is anticipated to occur on or
after July 15, 2022.
Typically, the process of Council analysis and NMFS rulemaking
takes at least one year to implement. For this action, NMFS received
the request for emergency action on June 13, 2022. In the same motion
requesting emergency action to provide immediate relief to C share QS
holders, the Council initiated an analysis to consider permanently
modifying the CVC QS and CPC QS recent participation requirements in
order to address the ongoing impacts of the COVID-19 pandemic and the
decline of the CR Program TACs. If the Council recommends further
action to implement a longer-term solution to revise regulations that
would occur through conventional notice-and-comment rulemaking.
Classification
The Assistant Administrator for Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) of the APA to waive prior notice and the
opportunity for public comment because it would be impracticable and
contrary to the public interest. The benefits of waiving notice-and-
comment rulemaking will temporarily provide relief to C share QS
holders from participation requirements for the 2022/2023 crab fishing
year and prevent NMFS from withholding any annual C share IFQ or
revoking C share QS. Any delay to implementation of this rulemaking
could result in adverse economic harm to individuals who may have their
annual IFQ withheld or C share QS revoked in the 2022/2023 crab
[[Page 42394]]
fishing year. The time required for notice-and-comment rulemaking would
not provide relief to affected C share QS holders before NMFS must make
initial decisions about withholding annual C share IFQ or revoking C
share QS prior to the issuance of IFQ for the opening of the crab
fishing season, which is anticipated to occur on or after July 15,
2022. This emergency rule will provide immediate relief to individual C
share QS holders that outweighs the value of the deliberative notice-
and-comment rulemaking process.
Similarly, for the reasons above that support the need to implement
this emergency rule in a timely manner, the Assistant Administrator for
Fisheries finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness provision of the APA and make the emergency rule
effective immediately upon publication in the Federal Register. NMFS
must make initial decisions about withholding annual C share IFQ or
revoking C share QS prior to the issuance of IFQ for the opening of the
crab fishing season, which is anticipated to occur on or after July 15,
2022. Waiving the 30-day delay in effectiveness is necessary to avoid
an unnecessary delay in the issuance of IFQ permits.
This emergency rule has been determined to be not significant for
the purposes of Executive Order 12866.
This emergency rule is exempt from the procedures of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) because the rule is issued
without opportunity to provide prior notice and opportunity for public.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.
Collection-of-Information Requirements
This emergency rule does not contain a change to a collection of
information requirement for purposes of the Paperwork Reduction Act of
1995. The existing collection of information requirements would
continue to apply under OMB Control Number 0648-0514, Alaska Region
Crab Permits. Notwithstanding any other provision of the law, no person
is required to respond to, and no person shall be subject to penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number. All currently approved NOAA
collections of information may be viewed at: <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>.
List of Subjects in 50 CFR Part 680
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: July 12, 2022.
Kimberly Damon-Randall,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 680 is amended
as follows:
PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
0
1. The authority citation for 50 CFR part 680 continues to read as
follows:
Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.
0
2. In Sec. 680.40, add paragraphs (g)(4) and (m)(6) to read as
follows:
Sec. 680.40 Crab Quota Share (QS), Processor QS (PQS), Individual
Fishing Quota (IFQ), and Individual Processor Quota (IPQ) Issuance.
* * * * *
(g) * * *
(4) Emergency rule suspending withholding of CVC or CPC IFQ. Under
emergency measures effective July 15, 2022, and notwithstanding any
other section of this part, the Regional Administrator will not
consider participation requirements at paragraph (g)(2) of this section
in reviewing a CVC or CPC QS holder's Application for Annual Crab
Individual Fishing Quota (IFQ) Permit for the 2022/2023 crab fishing
year and will not withhold IFQ from an individual holding CVC or CPC
QS.
* * * * *
(m) * * *
(6) Under emergency measures effective July 15, 2022, and
notwithstanding any other section of this part, the Regional
Administrator will not consider participation requirements set forth in
paragraph (m)(2) of this section in reviewing a CVC or CPC QS holder's
Application for Annual Crab Individual Fishing Quota (IFQ) Permit for
the 2022/2023 crab fishing year or in making any other determinations
about whether to revoke CVC or CPC QS in the 2022/2023 crab fishing
year.
0
2. In Sec. 680.43, add paragraph (d) to read as follows:
Sec. 680.43 Revocation of CVC and CPC QS.
* * * * *
(d) Emergency rule suspending revocation of CVC and CPC QS. Under
emergency measures effective July 15, 2022, and notwithstanding any
other section of this part, the Regional Administrator will not
consider participation requirements set forth in Sec. 680.40(m) and
will not revoke an individual's CVC QS or CPC QS for the 2022/2023 crab
fishing year and will not begin proceedings to revoke any CVC QS or CPC
QS upon reviewing an Application for Annual Crab Individual Fishing
Quota (IFQ) Permit submitted in 2022.
[FR Doc. 2022-15193 Filed 7-14-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 15, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.