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]
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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
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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
