# 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 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 § 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 § 679.91(f), NMFS will reissue cooperative quota permit 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 (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:
| Sector | Season | 2022 Allocation by area | Eastern Aleutian district/Bering Sea | Central Aleutian district | Western Aleutian district |
| --- | --- | --- | --- | --- | --- |
| 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 | 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 | |
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.