# 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 § 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 § 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 (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:
| Sector | Season | 2017 allocation by area | Eastern Aleutian District/Bering Sea | Central Aleutian District | Western Aleutian 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 | 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 | 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 | 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 | |
**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 § 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.