[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Rules and Regulations]
[Pages 53659-53661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21895]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 180713633-9174-02]
RIN 0648-XY040


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 2019 
Atka mackerel incidental catch allowance (ICA) for the Bering Sea 
subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80 
cooperative allocation in the Bering Sea and Aleutian Islands 
management area (BSAI). This action is necessary to allow the 2019 
total allowable catch of Atka mackerel in the BSAI to be fully 
harvested.

DATES: Effective 12 hrs Alaska local time (A.l.t.), October 4, 2019 
through 2400 hrs, A.l.t., December 31, 2019.

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

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the

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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 2019 Atka mackerel ICA for the BS/EAI is 800 metric tons (mt) 
and the 2019 Atka mackerel total allowable catch allocated to the 
Amendment 80 cooperative is 18,452 mt as established by the final 2019 
and 2020 harvest specifications for groundfish in the BSAI (84 FR 9000, 
March 13, 2019).
    The Administrator, Alaska Region, NMFS, has determined that 400 mt 
of the Atka mackerel ICA for the BS/EAI will not be harvested. 
Therefore, in accordance with Sec.  679.91(f), NMFS reallocates 400 mt 
of Atka mackerel from the BS/EAI ICA to the Amendment 80 cooperative in 
the BSAI. In accordance with Sec.  679.91(f), NMFS will reissue 
cooperative quota permit 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 (84 FR 9000, March 
13, 2019) are revised as follows: 400 mt of Atka mackerel for the BS/
EAI ICA and 18,842 mt of Atka mackerel for the Amendment 80 cooperative 
allocations in the BS/EAI. Table 6 is revised and republished in its 
entirety as follows:

 Table 6--Final 2019 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]
----------------------------------------------------------------------------------------------------------------
                                                                              2019 allocation by area
                                                                 -----------------------------------------------
                                                                      Eastern
              Sector \1\                      Season 2 3 4           Aleutian         Central         Western
                                                                     District/       Aleutian        Aleutian
                                                                    Bering Sea     district \5\      district
----------------------------------------------------------------------------------------------------------------
TAC...................................  n/a.....................          23,970          14,390          19,591
CDQ reserve...........................  Total...................           2,565           1,540           2,096
                                        A.......................           1,282             770           1,048
                                        Critical Habitat........             n/a             462             629
                                        B.......................           1,282             770           1,048
                                        Critical Habitat........             n/a             462             629
Non-CDQ TAC...........................  n/a.....................          21,405          12,850          17,495
ICA...................................  Total...................             400              75              20
Jig \7\...............................  Total...................             103  ..............  ..............
BSAI trawl limited access.............  Total...................           2,050           1,278  ..............
                                        A.......................           1,025             639  ..............
                                        Critical Habitat........             n/a             383  ..............
                                        B.......................           1,025             639  ..............
                                        Critical Habitat........             n/a             383  ..............
Amendment 80 sector...................  Total...................          18,852          11,498          17,475
                                        A.......................           9,426           5,749           8,737
                                        Critical Habitat........             n/a           3,449           5,242
                                        B.......................           9,426           5,749           8,737
                                        Critical Habitat........             n/a           3,449           5,242
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\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 Steller sea lion critical habitat; Sec.   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 Sec.   679.20(a)(8)(ii)(C)(2)
  requires the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\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 the ICA. NMFS sets the amount of
  this allocation for 2019 at 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 ICA in the BS/EAI, (2) the harvest 
capacity and stated intent on future harvesting patterns of the 
Amendment 80 cooperative that participates 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 from the BS/EAI ICA to 
the Amendment 80 cooperative in the BSAI. Since the fishery is 
currently open, it is important to immediately inform the industry as 
to the revised allocations. Immediate

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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 September 26, 2019.
    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: October 2, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-21895 Filed 10-3-19; 4:15 pm]
 BILLING CODE 3510-22-P