[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 [www.gpo.gov]
[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:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov 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.
     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 
www.regulations.gov 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 
https://www.regulations.gov identified by Docket ID NOAA-NMFS-2021-0021 
or from the NMFS Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.

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: https://www.reginfo.gov/public/do/PRAMain.

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