[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Rules and Regulations]
[Pages 60325-60326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27427]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-7181-02]
RIN 0648-XF889


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Atka Mackerel in the Bering Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amount of the 2017 
Bering Sea subarea and Eastern Aleutian Island District (BS/EAI) Atka 
mackerel total allowable catch (TAC) assigned to the Bering Sea and 
Aleutian Islands (BSAI) trawl limited access sector to the Amendment 80 
cooperative in the BS/EAI of the BSAI. This action is necessary to 
allow the 2017 TAC of Atka mackerel in the BSAI to be fully harvested.

DATES: Effective 1200 hrs Alaska local time (A.l.t.), December 15, 
2017, through 2400 hrs, A.l.t., December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (FMP) prepared by the 
North Pacific Fishery Management Council under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act. Regulations 
governing fishing by U.S. vessels in accordance with the FMP appear at 
subpart H of 50 CFR part 600 and 50 CFR part 679.
    The 2017 Atka mackerel TAC in the BS/EAI assigned to the BSAI trawl 
limited access sector is 2,966 metric tons (mt) and 2017 Atka mackerel 
TAC assigned to the Amendment 80 cooperatives is 27,594 mt as 
established by the final 2017 and 2018 harvest specifications for 
groundfish in the BSAI (82 FR 11826, February 27, 2017) and 
reallocation (82 FR 45740, October 2, 2017.)
    The Administrator, Alaska Region, NMFS, has determined that 6 mt of 
the Atka mackerel TAC for the BS/EAI assigned to the BSAI trawl limited 
access sector will not be harvested. Therefore, in accordance with 
Sec.  679.91(f), NMFS reallocates 6 mt of Atka mackerel in the BS/EAI 
from the BSAI trawl limited access sector to the Amendment 80 
cooperatives in the BSAI. In accordance with Sec.  679.91(f), NMFS will 
reissue cooperative quota permits for the reallocated Atka mackerel 
following the procedures set forth in Sec.  679.91(f)(3).
    The harvest specifications for Atka mackerel included in the 
harvest specifications for groundfish in the BSAI (82 FR 11826, 
February 27, 2017) and reallocation (82 FR 45740, October 2, 2017) are 
revised as follows: 2,960 mt of Atka mackerel in the BS/EAI for the 
BSAI trawl limited access sector and 27,600 mt for the Amendment 80 
cooperative allocations in the BS/EAI. Table 6 is revised and 
republished in its entirety as follows:

[[Page 60326]]



 Table 6--Final 2017 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
                             Amendment 80 Allocations of the BSAI Atka Mackerel TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                         2017 allocation by area
                                                        --------------------------------------------------------
            Sector \1\              Season \2\ \3\ \4\    Eastern Aleutian
                                                          District/Bering    Central Aleutian   Western Aleutian
                                                                Sea            District \5\         District
----------------------------------------------------------------------------------------------------------------
TAC..............................  n/a.................             34,500             18,000             12,500
CDQ reserve......................  Total...............              3,692              1,926              1,338
                                   A...................              1,846                963                669
                                   Critical Habitat....                n/a                578                401
                                   B...................              1,846                963                669
                                   Critical Habitat....                n/a                578                401
Non-CDQ TAC......................  n/a.................             30,809             16,074             11,163
ICA..............................  Total...............                100                 75                 20
Jig \6\..........................  Total...............                149                  0                  0
BSAI trawl limited access........  Total...............              2,960              1,600                  0
                                   A...................              1,480                800                  0
                                   Critical Habitat....                n/a                480                  0
                                   B...................              1,480                800                  0
                                   Critical Habitat....                n/a                480                  0
Amendment 80 sectors.............  Total...............             27,600             14,399             11,143
                                   A...................             13,800              7,200              5,571
                                   B...................             13,800              7,200              5,571
Alaska Groundfish Cooperative....  Total \6\...........             15,632              8,545              6,852
                                   A...................              7,816              4,273              3,426
                                   Critical Habitat....                n/a              2,564              2,056
                                   B...................              7,816              4,273              3,426
                                   Critical Habitat....                n/a              2,564              2,056
Alaska Seafood Cooperative.......  Total \6\...........             11,967              5,854              4,291
                                   A...................              5,984              2,927              2,146
                                   Critical Habitat....                n/a              1,756              1,287
                                   B...................              5,984              2,927              2,146
                                   Critical Habitat....                n/a              1,756              1,287
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, jig gear
  allocation, and ICAs, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC
  for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50
  CFR part 679 and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see
  Sec.  Sec.   679.20(b)(1)(ii)(C) and 679.31).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
  fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
  January 20 to June 10 and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
  be caught inside of critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual TACs
  between the A and B seasons as defined at Sec.   679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2) requires the
  TAC in Area 543 shall be no more than 65 percent of ABC.
\6\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea
  subarea TAC be allocated to jig gear after subtracting the CDQ reserve and ICA. The amount of this allocation
  is 0.5 percent. The jig gear allocation is not apportioned by season.


    Note:  Seasonal or sector apportionments may not total precisely 
due to rounding.

    This will enhance the socioeconomic well-being of harvesters 
dependent upon Atka mackerel in this area. The Regional Administrator 
considered the following factors in reaching this decision: (1) The 
current catch of Atka mackerel by the BSAI trawl limited access sector 
in the BS/EAI, and (2) the harvest capacity and stated intent on future 
harvesting patterns of the Amendment 80 cooperatives that participate 
in this BS/EAI fishery.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA (AA), finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the reallocation of Atka mackerel in the BS/EAI from the 
BSAI trawl limited access sector to the Amendment 80 cooperatives in 
the BSAI. Since the fishery is currently open, it is important to 
immediately inform the industry as to the revised allocations. 
Immediate notification is necessary to allow for the orderly conduct 
and efficient operation of this fishery, to allow the industry to plan 
for the fishing season, and to avoid potential disruption to the 
fishing fleet as well as processors. NMFS was unable to publish a 
notice providing time for public comment because the most recent, 
relevant data only became available as of December 11, 2017.
    The AA also finds good cause to waive the 30-day delay in the 
effective date of this action under 5 U.S.C. 553(d)(3). This finding is 
based upon the reasons provided above for waiver of prior notice and 
opportunity for public comment.
    This action is required by Sec.  679.91 and is exempt from review 
under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: December 15, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-27427 Filed 12-15-17; 4:15 pm]
 BILLING CODE 3510-22-P