[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]
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2019 allocation by area
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Eastern
Sector \1\ Season 2 3 4 Aleutian Central Western
District/ Aleutian Aleutian
Bering Sea district \5\ district
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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]
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