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 Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 679
[Docket No. 131021878-4158-02]
RIN 0648-XD542
 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 2014 Atka mackerel incidental catch allowance (ICA) for the Bering Sea subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80 cooperatives in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2014 total allowable catch of Atka mackerel in the BSAI to be fully harvested.
 DATES: Effective October 9, 2014, through 2400 hrs, Alaska local time (A.l.t.), December 31, 2014.
 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 2014 Atka mackerel ICA for the BS/EAI is 1,000 metric tons (mt) and 2014 Atka mackerel total allowable catch allocated to the Amendment 80 cooperative is 16,419 mt as established by the final 2014 and 2015 harvest specifications for groundfish in the BSAI (79 FR 12108, March 4, 2014). The Administrator, Alaska Region, NMFS, has determined that 750 mt of the Atka mackerel ICA for the BS/EAI will not be harvested. Therefore, in accordance with § 679.91(f), NMFS reallocates 750 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 (79 FR 12108, March 4, 2014) are revised as follows: 250 mt of Atka mackerel for the BS/EAI ICA and 17,169 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: Table 4—Final 2014 and 2015 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]
Sector 1
Season 2 3 4
2014 Allocation by area
2015 Allocation by areaEastern Aleutian District/Bering Sea
Central 5
                              
                             Aleutian  
                             District
Western 
                             Aleutian  
                             District
Eastern Aleutian District/Bering Sea
Central 5
                              
                             Aleutian  
                             District
Western 
                             Aleutian  
                             DistrictTAC
n/a
21,652
9,670
1,000
21,769
9,722
1,000CDQ reserve
Total
2,317
1,035
107
2,329
1,040
107A
1,158
517
54
1,165
520
54Critical Habitat 5
n/a
52
n/a
n/a
52
n/aB
1,158
517
54
1,165
520
54Critical Habitat 5
n/a
52
n/a
n/a
52
n/aICA
Total
250
75
40
1,000
75
40Jig 6
Total
92
0
0
92
0
0( print page 61265)BSAI trawl limited access
Total
                             A 
                             B
1,824
                             912 
                             912
856
                             428 
                             428
0
                             0 
                             0
1,835
                             917 
                             917
861
                             430 
                             430
0
                             0 
                             0Amendment 80 sectors
Total
                             A 
                             B
17,169
                             8,585 
                             8,585
7,704
                             3,852 
                             3,852
853
                             427 
                             427
16,513
                             8,256 
                             8,256
7,746
                             3,873 
                             3,873
853
                             427 
                             427Alaska Groundfish Cooperative 7
Total 7
                             A 
                             
                                Critical Habitat 5
                             
                             B 
                             
                                Critical Habitat 5
9,931
                             4,966 
                             n/a 
                             4,966 
                             n/a
4,592
                             2,296 
                             230 
                             2,296 
                             230
499
                             250 
                             n/a 
                             250 
                             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 
                             n/aAlaska Seafood Cooperative 7
Total 7
                             A 
                             
                                Critical Habitat 5
                             
                             B 
                             
                                Critical Habitat 5
7,238
                             3,619 
                             n/a 
                             3,619 
                             n/a
3,112
                             1,556 
                             156 
                             1,556 
                             156
354
                             177 
                             n/a 
                             177 
                             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 
                             n/a1
                         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 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.7
                         The 2015 allocations for Atka mackerel 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, 2014. NMFS will post 2015 Amendment 80 allocations when they become available in December 2014.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 October 1, 2014. 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. Authority:
                    16 U.S.C. 1801 
                        *et seq.* Dated: October 6, 2014. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.


[FR Doc. 2014-24160 Filed 10-9-14; 8:45 am] BILLING CODE 3510-22-P