# 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 § 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:
| Sector | Season | 2012 allocation by area | Eastern Aleutian District/Bering Sea | Central
Aleutian District | Western Aleutian District | 2013 allocation by area | Eastern Aleutian District/Bering Sea | Central
Aleutian District | Western
Aleutian District | Western Aleutian 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 | | | |
| | B | 2,060 | 576 | 80 | 1,696 | 475 | 80 | | | |
| | Critical Habitat | n/a | 58 | n/a | n/a | 48 | n/a | | | |
| ICA | Total | 430 | 100 | 40 | 1,000 | 100 | 40 | | | |
| Jig | 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 | | | |
| | 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 | | | |
| 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 | | | |
| | 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 | | | |
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.
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 3, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.