82 FR 60325 - 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 82, Issue 243 (December 20, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 243 (December 20, 2017)
| Page Range | 60325-60326 | |
| FR Document | 2017-27427 |
[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)] [Rules and Regulations] [Pages 60325-60326] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27427] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] ---------------------------------------------------------------------------------------------------------------- 2017 allocation by area -------------------------------------------------------- Sector \1\ Season \2\ \3\ \4\ Eastern Aleutian District/Bering Central Aleutian Western Aleutian Sea District \5\ District ---------------------------------------------------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- \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] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations 60325
(4) Motor carriers operating under this under the terms and conditions of the through 2400 hrs, A.l.t., December 31,
waiver must have a ‘‘satisfactory’’ safety exemption will maintain their safety 2017.
rating from FMCSA or be unrated; motor record. Should any safety problems be
carriers with ‘‘conditional’’ or discovered, however, FMCSA will take FOR FURTHER INFORMATION CONTACT:
‘‘unsatisfactory’’ safety ratings are all steps necessary to protect the public Steve Whitney, 907–586–7228.
prohibited from taking advantage of the interest. Use of this waiver is voluntary, SUPPLEMENTARY INFORMATION: NMFS
waiver. and FMCSA will immediately revoke manages the groundfish fishery in the
(5) Drivers operating under this the waiver for any interstate driver or BSAI according to the Fishery
waiver must carry a copy of this Federal motor carrier for failure to comply with Management Plan for Groundfish of the
Register notification and present it to the terms and conditions of the waiver. Bering Sea and Aleutian Islands
motor carrier safety enforcement Management Area (FMP) prepared by
officials upon request. Preemption of State Requirements
the North Pacific Fishery Management
(6) Crash Notification to FMCSA Consistent with 49 U.S.C. 31315(d),
Carriers operating under this waiver Council under authority of the
this waiver preempts inconsistent State Magnuson-Stevens Fishery
must notify FMCSA within 5 business or local requirements applicable to
days of any accident (as defined in 49 Conservation and Management Act.
interstate commerce. Regulations governing fishing by U.S.
CFR 390.5), involving any of the motor
carrier’s drivers operating under the Issued on: December 13, 2017. vessels in accordance with the FMP
terms of this waiver. The notification Cathy F. Gautreaux, appear at subpart H of 50 CFR part 600
must include the following information: Deputy Administrator. and 50 CFR part 679.
(a) Identity of Waiver: ‘‘AG’’ [FR Doc. 2017–27311 Filed 12–19–17; 8:45 am] The 2017 Atka mackerel TAC in the
(b) Date of the accident, BILLING CODE 4910–EX–P BS/EAI assigned to the BSAI trawl
(c) City or town, and State, in which limited access sector is 2,966 metric
the accident occurred, or closest to the tons (mt) and 2017 Atka mackerel TAC
accident scene, DEPARTMENT OF COMMERCE assigned to the Amendment 80
(d) Driver’s name and license number, cooperatives is 27,594 mt as established
(e) Co-driver’s name and license National Oceanic and Atmospheric by the final 2017 and 2018 harvest
number (if applicable), Administration specifications for groundfish in the
(f) Vehicle number and State license
BSAI (82 FR 11826, February 27, 2017)
number, 50 CFR Part 679
(g) Number of individuals suffering and reallocation (82 FR 45740, October
physical injury, [Docket No. 161020985–7181–02]
2, 2017.)
(h) Number of fatalities, The Administrator, Alaska Region,
(i) The police-reported cause of the RIN 0648–XF889
NMFS, has determined that 6 mt of the
accident, Fisheries of the Exclusive Economic Atka mackerel TAC for the BS/EAI
(j) Whether the driver was cited for assigned to the BSAI trawl limited
Zone Off Alaska; Reallocation of Atka
violation of any traffic laws, motor access sector will not be harvested.
Mackerel in the Bering Sea and
carrier safety regulations, and Therefore, in accordance with
(k) The total driving time and total on- Aleutian Islands Management Area
§ 679.91(f), NMFS reallocates 6 mt of
duty time period prior to the accident. AGENCY: National Marine Fisheries Atka mackerel in the BS/EAI from the
Accident notifications must be Service (NMFS), National Oceanic and BSAI trawl limited access sector to the
emailed to MCPSD@dot.gov. Atmospheric Administration (NOAA), Amendment 80 cooperatives in the
Safety Considerations Commerce. BSAI. In accordance with § 679.91(f),
ACTION: Temporary rule; reallocation. NMFS will reissue cooperative quota
Considering the limited period of this
waiver and that it does not alter any of permits for the reallocated Atka
SUMMARY: NMFS is reallocating the mackerel following the procedures set
the HOS regulations other than the
projected unused amount of the 2017 forth in § 679.91(f)(3).
method of recording HOS, and the
Bering Sea subarea and Eastern Aleutian The harvest specifications for Atka
Agency’s previous review of data
Island District (BS/EAI) Atka mackerel mackerel included in the harvest
concerning the safety performance of
total allowable catch (TAC) assigned to specifications for groundfish in the
motor carriers engaged in the
the Bering Sea and Aleutian Islands BSAI (82 FR 11826, February 27, 2017)
transportation of agricultural
(BSAI) trawl limited access sector to the and reallocation (82 FR 45740, October
commodities, the Agency has
Amendment 80 cooperative in the BS/ 2, 2017) are revised as follows: 2,960 mt
determined that the waiver from the
EAI of the BSAI. This action is of Atka mackerel in the BS/EAI for the
ELD requirements for 90 days is likely
necessary to allow the 2017 TAC of Atka BSAI trawl limited access sector and
achieve a level of safety equivalent to,
mackerel in the BSAI to be fully 27,600 mt for the Amendment 80
or greater than, the level that would be
harvested. cooperative allocations in the BS/EAI.
achieved by the current regulation.
FMCSA expects that any drivers and DATES: Effective 1200 hrs Alaska local Table 6 is revised and republished in its
their employing motor carrier operating time (A.l.t.), December 15, 2017, entirety as follows:
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![60326 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations
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]
2017 allocation by area
Sector 1 Season 2 3 4 Eastern Aleutian Central Aleutian Western Aleutian
District/Bering Sea District 5 District
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
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 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ partici-
pants (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; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 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 opportunity for public comment to publish a notice providing time for
may not total precisely due to rounding. pursuant to the authority set forth at 5 public comment because the most
This will enhance the socioeconomic U.S.C. 553(b)(B) as such requirement is recent, relevant data only became
well-being of harvesters dependent impracticable and contrary to the public available as of December 11, 2017.
upon Atka mackerel in this area. The interest. This requirement is The AA also finds good cause to
Regional Administrator considered the impracticable and contrary to the public waive the 30-day delay in the effective
following factors in reaching this interest as it would prevent NMFS from date of this action under 5 U.S.C.
decision: (1) The current catch of Atka responding to the most recent fisheries 553(d)(3). This finding is based upon
mackerel by the BSAI trawl limited data in a timely fashion and would the reasons provided above for waiver of
access sector in the BS/EAI, and (2) the delay the reallocation of Atka mackerel prior notice and opportunity for public
harvest capacity and stated intent on in the BS/EAI from the BSAI trawl comment.
future harvesting patterns of the limited access sector to the Amendment This action is required by § 679.91
Amendment 80 cooperatives that 80 cooperatives in the BSAI. Since the and is exempt from review under
participate in this BS/EAI fishery. fishery is currently open, it is important Executive Order 12866.
to immediately inform the industry as to
Classification Authority: 16 U.S.C. 1801 et seq.
the revised allocations. Immediate
ethrower on DSK3G9T082PROD with RULES
This action responds to the best notification is necessary to allow for the Dated: December 15, 2017.
available information recently obtained orderly conduct and efficient operation Emily H. Menashes,
from the fishery. The Assistant of this fishery, to allow the industry to Acting Director, Office of Sustainable
Administrator for Fisheries, NOAA plan for the fishing season, and to avoid Fisheries, National Marine Fisheries Service.
(AA), finds good cause to waive the potential disruption to the fishing fleet [FR Doc. 2017–27427 Filed 12–15–17; 4:15 pm]
requirement to provide prior notice and as well as processors. NMFS was unable BILLING CODE 3510–22–P
VerDate Sep<11>2014 17:19 Dec 19, 2017 Jkt 244001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\20DER1.SGM 20DER1](https://thefederalregister.org/doc/82_FR_60568/page/2.svg)
Document Created: 2018-10-25 10:57:59
Document Modified: 2018-10-25 10:57:59
| 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.), December 15, 2017, through 2400 hrs, A.l.t., December 31, 2017. | |
| Contact | Steve Whitney, 907-586-7228. | |
| FR Citation | 82 FR 60325 | |
| RIN Number | 0648-XF88 |
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