Rule2022-24563
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Atka Mackerel in the Bering Sea and Aleutian Islands Management Area
Primary source
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Published
November 10, 2022
Effective
November 7, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is reallocating the projected unused amount of the 2022 Atka mackerel incidental catch allowance (ICA) for the Bering Sea subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80 cooperative allocation for the BS/EAI in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2022 total allowable catch of Atka mackerel in the BSAI to be fully harvested.
Full Text
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<title>Federal Register, Volume 87 Issue 217 (Thursday, November 10, 2022)</title>
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[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Rules and Regulations]
[Pages 67832-67833]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24563]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 220223-0054; RTID 0648-XC322]
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 2022
Atka mackerel incidental catch allowance (ICA) for the Bering Sea
subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80
cooperative allocation for the BS/EAI in the Bering Sea and Aleutian
Islands management area (BSAI). This action is necessary to allow the
2022 total allowable catch of Atka mackerel in the BSAI to be fully
harvested.
DATES: Effective 12:00 p.m. Alaska local time (A.l.t.), November 7,
2022, through 12:00 a.m., A.l.t., January 1, 2023.
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 2022 Atka mackerel ICA for the BS/EAI is 800 metric tons (mt)
and the 2022 Atka mackerel total allowable catch allocated to the
Amendment 80 cooperative for the BS/EAI is 21,083 mt as established by
the final 2022 and 2023 harvest specifications for groundfish in the
BSAI (87 FR 11626, March 2, 2022).
The Administrator, Alaska Region, NMFS, has determined that 609 mt
of the Atka mackerel ICA for the BS/EAI will not be harvested.
Therefore, in accordance with Sec. 679.91(f), NMFS reallocates 609 mt
of Atka mackerel from the BS/EAI ICA to the BS/EAI Amendment 80
cooperative allocation in the BSAI. In accordance with Sec. 679.91(f),
NMFS will reissue cooperative quota permit 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 (87 FR 11626, March
2, 2022) are revised as follows: 191 mt of Atka mackerel for the BS/EAI
ICA and 21,692 mt of Atka mackerel for the Amendment 80 cooperative
allocation for the BS/EAI. Table 6 is revised and republished in its
entirety as follows:
[[Page 67833]]
Table 6--Final 2022 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocations of the BSAI Atka Mackerel Tac
[Amounts are in metric tons]
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2022 Allocation by area
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Sector \1\ Season \2\ \3\ \4\ Eastern Aleutian
district/Bering Central Aleutian Western Aleutian
Sea district \5\ district
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TAC.............................. n/a................. 27,260 16,880 22,341
CDQ reserve...................... Total............... 2,917 1,806 2,390
A................... 1,458 903 1,195
Critical Habitat.... n/a 542 717
B................... 1,458 903 1,195
Critical Habitat.... n/a 542 717
Non-CDQ TAC...................... n/a................. 24,343 15,074 19,951
ICA.............................. Total............... 191 75 20
Jig \6\.......................... Total............... 118 ................. .................
BSAI trawl limited access........ Total............... 2,343 1,500 .................
A................... 1,171 750 .................
Critical Habitat.... n/a 450 .................
B................... 1,171 750 .................
Critical Habitat.... n/a 450 .................
Amendment 80 sector.............. Total............... 21,692 13,499 19,931
A................... 10,846 6,749 9,965
Critical Habitat.... n/a 4,050 5,979
B................... 10,846 6,749 9,965
Critical Habitat.... n/a 4,050 5,979
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\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
gear allocation, 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 Steller sea lion 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 that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian Islands District and
the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets
the amount of this allocation for 2022 at 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
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was
issued pursuant to section 304(b), and is exempt from review under
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be 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 harvest of Atka mackerel
in the BE/EAI fishery. NMFS was unable to publish a notice providing
time for public comment because the most recent, relevant data only
became available as of November 4, 2022.
The Assistant Administrator for Fisheries, NOAA 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 7, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-24563 Filed 11-7-22; 4:15 pm]
BILLING CODE 3510-22-P
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