Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Atka Mackerel in the Bering Sea and Aleutian Islands Management Area, 61300-61302 [2012-24794]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with RULES 61300 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations limit, acceptable biological catch, annual catch limit (ACL), optimum yield, domestic harvest and processing, U.S. at-sea processing, border transfer, and the sub-ACL for each management area. The 2012 Domestic Annual Harvest was set as 91,200 metric tons (mt); the sub-ACL allocated to Area 3 for the 2012 fishing year (FY) was 38,146 mt, and 0 mt of the sub-ACL was set aside for research in the 2010–2012 specifications (75 FR 48874, August 12, 2010). Section 648.201 requires the Administrator, Northeast Region, NMFS (Regional Administrator), to monitor the herring fishery in each of the four management areas designated in the Fishery Management Plan for the herring fishery and, based on dealer reports, state data, and other available information, to determine when the harvest of herring is projected to reach 95 percent of the management area subACL. When such a determination is made, NMFS must publish notification in the Federal Register and prohibit herring vessel permit holders from fishing for, catching, possessing, transferring, or landing more than 2,000 lb (907.2 kg) of herring per trip or landing more than once per calendar day in or from the specified management area for the remainder of the closure period. Transiting Area 3 with more than 2,000 lb (907.2 kg) of herring on board is allowed under the conditions described below. The Regional Administrator has determined, based on dealer reports and other available information that 95 percent of the total herring sub-ACL allocated to Area 3 for 2012 is projected to be harvested on October 7, 2012. Therefore, effective 0001 hr local time, October 7, 2012, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of herring per trip (and landing herring no more than once per calendar day) in or from Area 3 through December 31, 2012. Vessels may transit through Area 3 with more than 2,000 lb (907.2 kg) of herring on board, provided such herring was not caught in Area 3 and provided all fishing gear aboard is stowed and not available for immediate use as stated in § 648.23(b). Effective 0001 hr, October 7, 2012, federally permitted dealers are also advised that they may not purchase herring from federally permitted herring vessels that harvest more than 2,000 lb (907.2 kg) of herring from Area 3 through 2400 hr local time, December 31, 2012. VerDate Mar<15>2010 15:00 Oct 05, 2012 Jkt 229001 Classification ACTION: This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be impracticable and contrary to the public interest. This action closes the herring fishery for Management Area 3 until January 1, 2013, under current regulations. The regulations at § 648.201(a) require such action to ensure that herring vessels do not exceed the 2012 sub-ACL allocated to Area 3. The herring fishery opened for the 2012 fishing year on January 1, 2012. Data indicating the herring fleet will have landed at least 95 percent of the 2012 sub-ACL allocated to Area 3 have only recently become available. If implementation of this closure is delayed to solicit prior public comment, the sub-ACL for Area 3 for this fishing year can be exceeded, thereby undermining the conservation objectives of the FMP and requiring any excess to be subtracted from the Area 3 sub-ACL for the fishing year following the total catch determination. The AA further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30day delayed effectiveness period for the reasons stated above. Authority: 16 U.S.C. 1801 et seq. Dated: October 3, 2012. Lindsay Fullenkamp, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–24793 Filed 10–3–12; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 111213751–2102–02] RIN 0648–XC278 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Atka Mackerel in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 Temporary rule; reallocation. NMFS is reallocating the projected unused amount of the 2012 Atka mackerel incidental catch allowance (ICA) for the Bering Sea subarea and Eastern Aleutian district (BS/EAI) of to the Amendment 80 cooperatives in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2012 total allowable catch of Atka mackerel to be fully harvested. SUMMARY: Effective October 3, 2012, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2012. DATES: FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7269. 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 2012 Atka mackerel ICA for the BS/EAI is 1,000 metric tons (mt) and 2012 Atka mackerel total allowable catch allocated to the Amendment 80 cooperative is 29,892 mt as established by the final 2012 and 2013 harvest specifications for groundfish in the BSAI (77 FR 10669, February 23, 2012). The Administrator, Alaska Region, NMFS, has determined that 570 mt of the Atka mackerel ICA for the BS/EAI will not be harvested. Therefore, in accordance with § 679.91(f), NMFS reallocates 570 mt of Atka mackerel from the BS/EAI ICA to the Amendment 80 cooperatives in the BSAI. In accordance with § 679.91(f), NMFS will reissue cooperative quota permits for the reallocated Atka mackerel following the procedures set forth in § 679.91(f)(3). The harvest specifications for Atka mackerel included in the harvest specifications for groundfish in the BSAI (77 FR 10669, February 23, 2012) are revised as follows: 430 mt of Atka mackerel for the BS/EAI ICA and 30,463 mt of Atka mackerel for the Amendment 80 cooperatives in the BS/EAI. Table 4 is correctly revised and republished in its entirety as follows: SUPPLEMENTARY INFORMATION: E:\FR\FM\09OCR1.SGM 09OCR1 61301 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations TABLE 4—FINAL 2012 AND 2013 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] 2012 allocation by area 2013 allocation by area Western 5 Aleutian District Eastern Aleutian District/ Bering Sea Central 5 Aleutian District Western Aleutian District Eastern Aleutian District/ Bering Sea Central 5 Aleutian District n/a ......................... Total ...................... A ............................ Critical Habitat 5 .... B ............................ Critical Habitat 5 .... Total ...................... Total ...................... Total ...................... 38,500 4,120 2,060 n/a 2,060 n/a 430 167 3,321 10,763 1,152 576 58 576 58 100 0 951 1,500 161 80 n/a 80 n/a 40 0 0 31,700 3,392 1,696 n/a 1,696 n/a 1,000 137 2,717 8,883 950 475 48 475 48 100 0 783 1,500 161 80 n/a 80 n/a 40 0 0 A ............................ B ............................ Total ...................... 1,661 1,661 30,463 476 476 8,560 0 0 1,300 1,359 1,359 24,454 392 392 7,049 0 0 1,300 A ............................ B ............................ Total ...................... 15,231 15,231 17,770 4,280 4,280 5,016 650 650 759 12,227 12,227 n/a 3,525 3,525 n/a 650 650 n/a A ............................ Critical Habitat 5 .... B ............................ Critical Habitat 5 .... Total ...................... 8,885 n/a 8,885 n/a 12,693 2,508 251 2,508 251 3,544 380 n/a 380 n/a 541 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a A ............................ Critical Habitat 5 .... B ............................ Critical Habitat 5 .... 6,347 n/a 6,347 n/a 1,772 177 1,772 177 271 n/a 271 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a Sector 1 Season 2,3,4 TAC ...................... CDQ reserve ........ ICA ........................ Jig 6 ....................... BSAI trawl limited access. Amendment 80 sectors. Alaska Groundfish Cooperative. Alaska Seafood Cooperative. 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 part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). 2 Regulations at §§ 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 November 1. 5 Section 679.20(a)(8)(ii)(C) requires the TAC in area 542 shall be no more than 47% of ABC, and Atka mackerel harvests for Amendment 80 cooperatives and CDQ groups within waters 10 nm to 20 nm of Gramp Rock and Tag Island, as described in Table 12 to part 679, in Area 542 are limited to no more than 10 percent of the Amendment 80 cooperative Atka mackerel allocation or 10 percent of the CDQ Atka mackerel allocation. 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. wreier-aviles on DSK5TPTVN1PROD with RULES 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 VerDate Mar<15>2010 15:00 Oct 05, 2012 Jkt 229001 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 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 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 September 28, 2012. E:\FR\FM\09OCR1.SGM 09OCR1 61302 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations 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 § 679.91 and is exempt from review under Executive Order 12866. wreier-aviles on DSK5TPTVN1PROD with RULES Authority: 16 U.S.C. 1801 et seq. VerDate Mar<15>2010 15:00 Oct 05, 2012 Jkt 229001 PO 00000 Frm 00074 Fmt 4700 Sfmt 9990 Dated: October 3, 2012. Lindsay Fullenkamp, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–24794 Filed 10–3–12; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\09OCR1.SGM 09OCR1

Agencies

[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Rules and Regulations]
[Pages 61300-61302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24794]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 111213751-2102-02]
RIN 0648-XC278


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.

-----------------------------------------------------------------------

SUMMARY: NMFS is reallocating the projected unused amount of the 2012 
Atka mackerel incidental catch allowance (ICA) for the Bering Sea 
subarea and Eastern Aleutian district (BS/EAI) of to the Amendment 80 
cooperatives in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to allow the 2012 total allowable 
catch of Atka mackerel to be fully harvested.

DATES: Effective October 3, 2012, through 2400 hrs, Alaska local time 
(A.l.t.), December 31, 2012.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

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 2012 Atka mackerel ICA for the BS/EAI is 1,000 metric tons (mt) 
and 2012 Atka mackerel total allowable catch allocated to the Amendment 
80 cooperative is 29,892 mt as established by the final 2012 and 2013 
harvest specifications for groundfish in the BSAI (77 FR 10669, 
February 23, 2012).
    The Administrator, Alaska Region, NMFS, has determined that 570 mt 
of the Atka mackerel ICA for the BS/EAI will not be harvested. 
Therefore, in accordance with Sec.  679.91(f), NMFS reallocates 570 mt 
of Atka mackerel from the BS/EAI ICA 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 (77 FR 10669, 
February 23, 2012) are revised as follows: 430 mt of Atka mackerel for 
the BS/EAI ICA and 30,463 mt of Atka mackerel for the Amendment 80 
cooperatives in the BS/EAI. Table 4 is correctly revised and 
republished in its entirety as follows:

[[Page 61301]]



 Table 4--Final 2012 and 2013 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              2012 allocation by area                              2013 allocation by area
                                                 ----------------------------------------------------------------------------------------------------------
                                                      Eastern                                         Eastern
           Sector 1               Season 2,3,4       Aleutian        Central 5        Western        Aleutian        Central 5       Western 5     Western
                                                     District/       Aleutian        Aleutian        District/       Aleutian        Aleutian     Aleutian
                                                    Bering Sea       District        District       Bering Sea       District        District     District
------------------------------------------------------------------------------------------------------------------------------------------------ ----------
TAC...........................  n/a.............          38,500          10,763           1,500          31,700           8,883           1,500
CDQ reserve...................  Total...........           4,120           1,152             161           3,392             950             161
                                A...............           2,060             576              80           1,696             475              80
                                Critical Habitat             n/a              58             n/a             n/a              48             n/a
                                 \5\.
                                B...............           2,060             576              80           1,696             475              80
                                Critical Habitat             n/a              58             n/a             n/a              48             n/a
                                 \5\.
ICA...........................  Total...........             430             100              40           1,000             100              40
Jig \6\.......................  Total...........             167               0               0             137               0               0
BSAI trawl limited access.....  Total...........           3,321             951               0           2,717             783               0
                                A...............           1,661             476               0           1,359             392               0
                                B...............           1,661             476               0           1,359             392               0
Amendment 80 sectors..........  Total...........          30,463           8,560           1,300          24,454           7,049           1,300
                                A...............          15,231           4,280             650          12,227           3,525             650
                                B...............          15,231           4,280             650          12,227           3,525             650
Alaska Groundfish Cooperative.  Total...........          17,770           5,016             759             n/a             n/a             n/a
                                A...............           8,885           2,508             380             n/a             n/a             n/a
                                Critical Habitat             n/a             251             n/a             n/a             n/a             n/a
                                 \5\.
                                B...............           8,885           2,508             380             n/a             n/a             n/a
                                Critical Habitat             n/a             251             n/a             n/a             n/a             n/a
                                 \5\.
Alaska Seafood Cooperative....  Total...........          12,693           3,544             541             n/a             n/a             n/a
                                A...............           6,347           1,772             271             n/a             n/a             n/a
                                Critical Habitat             n/a             177             n/a             n/a             n/a             n/a
                                 \5\.
                                B...............           6,347           1,772             271             n/a             n/a             n/a
                                Critical Habitat             n/a             177             n/a             n/a             n/a            n/a
                                 \5\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 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\ Regulations at Sec.  Sec.   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 November 1.
\5\ Section 679.20(a)(8)(ii)(C) requires the TAC in area 542 shall be no more than 47% of ABC, and Atka mackerel harvests for Amendment 80 cooperatives
  and CDQ groups within waters 10 nm to 20 nm of Gramp Rock and Tag Island, as described in Table 12 to part 679, in Area 542 are limited to no more
  than 10 percent of the Amendment 80 cooperative Atka mackerel allocation or 10 percent of the CDQ Atka mackerel allocation.
\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 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 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 
September 28, 2012.

[[Page 61302]]

    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 3, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-24794 Filed 10-3-12; 4:15 pm]
BILLING CODE 3510-22-P