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Greetings BSAI Crab C Share Quota Share Holders:
In June 2022, the North Pacific Fishery Management Council requested 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.
Current Status
As a result of the emergency action, NOAA Fisheries has 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.
NOAA Fisheries invites public comments on the emergency rule to be submitted through August 15, 2022. You may submit a comment by accessing the emergency rule at: https://www.federalregister.gov/d/2022-15193 and clicking the "Submit a Formal Comment" button or by following the instructions in the ADDRESSES section.
Looking Forward at the 2023/2024 Crab Fishing Year
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 demonstrating either of the following:
- 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
- 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.
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, NMFS 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, NMFS 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 NMFS 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.
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