[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]
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2017 allocation by area
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Sector \1\ Season \2\ \3\ \4\ Eastern Aleutian
District/Bering Central Aleutian Western Aleutian
Sea District \5\ District
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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
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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 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]
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