81 FR 69443 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Atka Mackerel in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 194 (October 6, 2016)

Page Range		69443-69444
FR Document		2016-24182

NMFS is reallocating the projected unused amount of the 2016 Atka mackerel incidental catch allowance (ICA) for the Bering Sea subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80 cooperative allocations in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2016 total allowable catch of Atka mackerel in the BSAI to be fully harvested.

Federal Register, Volume 81 Issue 194 (Thursday, October 6, 2016)

[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Rules and Regulations]
[Pages 69443-69444]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-24182]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 150916863-6211-02]
RIN 0648-XE932

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 2016
Atka mackerel incidental catch allowance (ICA) for the Bering Sea
subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80
cooperative allocations in the Bering Sea and Aleutian Islands
management area (BSAI). This action is necessary to allow the 2016
total allowable catch of Atka mackerel in the BSAI to be fully
harvested.

DATES: Effective 1200 hrs Alaska local time (A.l.t.), October 3, 2016
through 2400 hrs, A.l.t., December 31, 2016.

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 2016 Atka mackerel ICA for the BS/EAI is 1,000 metric tons (mt)
and 2016 Atka mackerel total allowable catch allocated to the Amendment
80 cooperatives is 21,895 mt as established by the final 2016 and 2017
harvest specifications for groundfish in the BSAI (81 FR 14773, March
18, 2016).
The Administrator, Alaska Region, NMFS, has determined that 775 mt
of the Atka mackerel ICA for the BS/EAI will not be harvested.
Therefore, in accordance with Sec. 679.91(f), NMFS reallocates 775 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 (81 FR 14773, March
18, 2016) are revised as follows: 225 mt of Atka mackerel for the BS/
EAI ICA and 22,670 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:

[[Page 69444]]

Table 6--Final 2016 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]
----------------------------------------------------------------------------------------------------------------
2016 Allocation by area
-----------------------------------------------
Eastern
Sector 1 Season 2 3 4 Aleutian Central Western
district/ Aleutian Aleutian
Bering Sea district 5 district
----------------------------------------------------------------------------------------------------------------
TAC................................... n/a..................... 28,500 16,000 10,500
CDQ reserve........................... Total................... 3,050 1,712 1,124
A....................... 1,525 856 562
Critical Habitat........ n/a 514 337
B....................... 1,525 856 562
Critical Habitat........ n/a 514 337
ICA................................... Total................... 225 75 40
Jig 6................................. Total................... 122 0 0
BSAI trawl limited access............. Total................... 2,433 1,421 0
A....................... 1,217 711 0
Critical Habitat........ n/a 426 0
B....................... 1,217 711 0
Critical Habitat........ n/a 426 0
Amendment 80 sectors.................. Total................... 22,670 12,792 9,337
A....................... 11,335 6,396 4,668
B....................... 11,335 6,396 4,668
Alaska Groundfish Cooperative......... Total 6................. 12,808 7,609 5,741
A....................... 6,404 3,805 2,871
Critical Habitat........ n/a 2,283 1,722
B....................... 6,404 3,805 2,871
Critical Habitat........ n/a 2,283 1,722
Alaska Seafood Cooperative............ Total 6................. 9,862 5,183 3,596
A....................... 4,931 2,592 1,798
Critical Habitat........ n/a 1,555 1,079
B....................... 4,931 2,592 1,798
Critical Habitat........ n/a 1,555 1,079
----------------------------------------------------------------------------------------------------------------
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 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; (a)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B
seasons as defined at Sec. 679.23(e)(3); and (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 ICA in the BS/EAI, (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 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 30, 2016.
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, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-24182 Filed 10-3-16; 4:15 pm]
BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations 69443

TABLE 13—FINAL 2016 AND 2017 ABC SURPLUS, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC RESERVES, AND
AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE—Continued
[Amounts are in metric tons]

2016 2016 2016 2017 2017 2017
Sector Flathead sole Rock sole Yellowfin sole Flathead sole Rock sole Yellowfin sole

Alaska Groundfish Cooperative for
2016 1 ................................................... 4,145 22,974 24,019 n/a n/a n/a
Alaska Seafood Cooperative for 2016 1 .. 40,163 70,923 31,512 n/a n/a n/a
1 The 2017 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until eligible participants apply for participation in the program by November 1, 2016.

Classification Dated: October 3, 2016. SUPPLEMENTARY INFORMATION: NMFS
Emily H. Menashes, manages the groundfish fishery in the
This action responds to the best BSAI according to the Fishery
Acting Director, Office of Sustainable
available information recently obtained Fisheries, National Marine Fisheries Service. Management Plan for Groundfish of the
from the fishery. The Assistant Bering Sea and Aleutian Islands
[FR Doc. 2016–24185 Filed 10–5–16; 8:45 am]
Administrator for Fisheries, NOAA
BILLING CODE 3510–22–P Management Area (FMP) prepared by
(AA), finds good cause to waive the
the North Pacific Fishery Management
requirement to provide prior notice and
Council under authority of the
opportunity for public comment DEPARTMENT OF COMMERCE Magnuson-Stevens Fishery
pursuant to the authority set forth at 5
Conservation and Management Act.
U.S.C. 553(b)(B) as such requirement is National Oceanic and Atmospheric Regulations governing fishing by U.S.
impracticable and contrary to the public Administration vessels in accordance with the FMP
interest. This requirement is
appear at subpart H of 50 CFR part 600
impracticable and contrary to the public 50 CFR Part 679 and 50 CFR part 679.
interest as it would prevent NMFS from
responding to the most recent fisheries [Docket No. 150916863–6211–02] The 2016 Atka mackerel ICA for the
data in a timely fashion and would RIN 0648–XE932 BS/EAI is 1,000 metric tons (mt) and
delay the flatfish exchange by the 2016 Atka mackerel total allowable
Aleutian Pribilof Island Community Fisheries of the Exclusive Economic catch allocated to the Amendment 80
Development Association in the BSAI. Zone Off Alaska; Reallocation of Atka cooperatives is 21,895 mt as established
Since these fisheries are currently open, Mackerel in the Bering Sea and by the final 2016 and 2017 harvest
it is important to immediately inform Aleutian Islands Management Area specifications for groundfish in the
the industry as to the revised BSAI (81 FR 14773, March 18, 2016).
allocations. Immediate notification is AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and The Administrator, Alaska Region,
necessary to allow for the orderly NMFS, has determined that 775 mt of
conduct and efficient operation of this Atmospheric Administration (NOAA),
Commerce. the Atka mackerel ICA for the BS/EAI
fishery, to allow the industry to plan for will not be harvested. Therefore, in
the fishing season, and to avoid ACTION: Temporary rule; reallocation.
accordance with § 679.91(f), NMFS
potential disruption to the fishing fleet reallocates 775 mt of Atka mackerel
SUMMARY: NMFS is reallocating the
as well as processors. NMFS was unable projected unused amount of the 2016 from the BS/EAI ICA to the Amendment
to publish a notice providing time for Atka mackerel incidental catch 80 cooperatives in the BSAI. In
public comment because the most allowance (ICA) for the Bering Sea accordance with § 679.91(f), NMFS will
recent, relevant data only became subarea and Eastern Aleutian district reissue cooperative quota permits for
available as of September 30, 2016. (BS/EAI) to the Amendment 80 the reallocated Atka mackerel following
The AA also finds good cause to cooperative allocations in the Bering the procedures set forth in § 679.91(f)(3).
waive the 30-day delay in the effective Sea and Aleutian Islands management The harvest specifications for Atka
date of this action under 5 U.S.C. area (BSAI). This action is necessary to mackerel included in the harvest
553(d)(3). This finding is based upon allow the 2016 total allowable catch of specifications for groundfish in the
the reasons provided above for waiver of Atka mackerel in the BSAI to be fully BSAI (81 FR 14773, March 18, 2016) are
prior notice and opportunity for public harvested. revised as follows: 225 mt of Atka
comment. DATES: Effective 1200 hrs Alaska local mackerel for the BS/EAI ICA and 22,670
This action is required by § 679.20 time (A.l.t.), October 3, 2016 through mt of Atka mackerel for the Amendment
and is exempt from review under 2400 hrs, A.l.t., December 31, 2016. 80 cooperative allocations in the BS/
Executive Order 12866. FOR FURTHER INFORMATION CONTACT: EAI. Table 6 is revised and republished
Authority: 16 U.S.C. 1801 et seq. Steve Whitney, 907–586–7228. in its entirety as follows:
sradovich on DSK3GMQ082PROD with RULES

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69444 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations

TABLE 6—FINAL 2016 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]

2016 Allocation by area

Sector 1 Season 2 3 4 Eastern Aleu- Central Western
tian district/ Aleutian Aleutian
Bering Sea district 5 district

TAC ................................................................. n/a .................................................................. 28,500 16,000 10,500
CDQ reserve ................................................... Total ............................................................... 3,050 1,712 1,124
A ..................................................................... 1,525 856 562
Critical Habitat ................................................ n/a 514 337
B ..................................................................... 1,525 856 562
Critical Habitat ................................................ n/a 514 337
ICA .................................................................. Total ............................................................... 225 75 40
Jig 6 ................................................................. Total ............................................................... 122 0 0
BSAI trawl limited access ............................... Total ............................................................... 2,433 1,421 0
A ..................................................................... 1,217 711 0
Critical Habitat ................................................ n/a 426 0
B ..................................................................... 1,217 711 0
Critical Habitat ................................................ n/a 426 0
Amendment 80 sectors ................................... Total ............................................................... 22,670 12,792 9,337
A ..................................................................... 11,335 6,396 4,668
B ..................................................................... 11,335 6,396 4,668
Alaska Groundfish Cooperative ...................... Total 6 ............................................................. 12,808 7,609 5,741
A ..................................................................... 6,404 3,805 2,871
Critical Habitat ................................................ n/a 2,283 1,722
B ..................................................................... 6,404 3,805 2,871
Critical Habitat ................................................ n/a 2,283 1,722
Alaska Seafood Cooperative .......................... Total 6 ............................................................. 9,862 5,183 3,596
A ..................................................................... 4,931 2,592 1,798
Critical Habitat ................................................ n/a 1,555 1,079
B ..................................................................... 4,931 2,592 1,798
Critical Habitat ................................................ n/a 1,555 1,079
1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, jig gear allocation, and ICAs to the Amend-
ment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited ac-
cess 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 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 habi-
tat; (a)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3); and (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 impracticable and contrary to the public The AA also finds good cause to
well-being of harvesters dependent interest. This requirement is waive the 30-day delay in the effective
upon Atka mackerel in this area. The impracticable and contrary to the public date of this action under 5 U.S.C.
Regional Administrator considered the interest as it would prevent NMFS from 553(d)(3). This finding is based upon
following factors in reaching this responding to the most recent fisheries the reasons provided above for waiver of
decision: (1) The current catch of Atka data in a timely fashion and would prior notice and opportunity for public
mackerel ICA in the BS/EAI, (2) the delay the reallocation of Atka mackerel comment.
harvest capacity and stated intent on from the BS/EAI ICA to the Amendment
future harvesting patterns of the 80 cooperatives in the BSAI. Since the This action is required by § 679.91
Amendment 80 cooperatives that fishery is currently open, it is important and is exempt from review under
participate in this BS/EAI fishery. to immediately inform the industry as to Executive Order 12866.
the revised allocations. Immediate Authority: 16 U.S.C. 1801 et seq.
Classification notification is necessary to allow for the
Dated: October 3, 2016.
This action responds to the best orderly conduct and efficient operation
available information recently obtained of this fishery, to allow the industry to Emily H. Menashes,
sradovich on DSK3GMQ082PROD with RULES

from the fishery. The Assistant plan for the fishing season, and to avoid Acting Director, Office of Sustainable
Administrator for Fisheries, NOAA potential disruption to the fishing fleet Fisheries, National Marine Fisheries Service.
(AA), finds good cause to waive the as well as processors. NMFS was unable [FR Doc. 2016–24182 Filed 10–3–16; 4:15 pm]
requirement to provide prior notice and to publish a notice providing time for BILLING CODE 3510–22–P
opportunity for public comment public comment because the most
pursuant to the authority set forth at 5 recent, relevant data only became
U.S.C. 553(b)(B) as such requirement is available as of September 30, 2016.

VerDate Sep<11>2014 17:57 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\06OCR1.SGM 06OCR1

Document Created: 2016-10-06 02:37:28
Document Modified: 2016-10-06 02:37:28

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary rule; reallocation.
Dates		Effective 1200 hrs Alaska local time (A.l.t.), October 3, 2016 through 2400 hrs, A.l.t., December 31, 2016.
Contact		Steve Whitney, 907-586-7228.
FR Citation		81 FR 69443
RIN Number		0648-XE93

81 FR 69443 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Atka Mackerel in the Bering Sea and Aleutian Islands Management Area

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 194 (October 6, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration