The Pacific Fishery Management Council on Tuesday said it cannot take final action on several agenda items because a federal government shutdown left NOAA Fisheries staff furloughed and delayed required Federal Register notices.
Executive Director Merrick Burden told the council the Federal Register notice announcing the November meeting could not be published while NOAA general counsel and other staff were furloughed. "This means the Council cannot take final action on agenda items at the November meeting," he said, explaining that Magnuson-Stevens Act procedures require notice at least 14 days before any final action.
Burden said the council could continue to receive reports, hold discussions and make a full record of public comment, but that formal final actions would need to be deferred to a later meeting or handled via a short special online session once the Federal Register notice can be posted. He listed likely deferred items including the Pacific halibut catch-sharing plan and some groundfish in-season adjustments.
NOAA representatives at the meeting confirmed the agency is triaging rulemakings and prioritizing emergency regulations and permit renewals while staffing is reduced. Jen Kwan, NOAA's West Coast regional representative, said the region had lost roughly 40% of staff this year and highlighted concentrated losses in ESA-related positions and permitting expertise.
Council leadership asked staff to document discussions and develop options for special online meetings to handle time-sensitive items once NOAA can publish required notices. For now, the council moved forward with presentations and public comment but deferred final votes on several policy items.
The council adopted a handful of non-final procedural items that did not require Federal Register notice, and it scheduled additional review and procedural steps on major management proposals for later meetings.
The council said it will publish guidance for stakeholders once it has a clearer timeline from NOAA and will work with its chairs and the agency to schedule any necessary special sessions.