Rule2022-08541
Fisheries of the Northeastern United States; Monkfish Fishery; 2022 Monkfish Specifications
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 21, 2022
Effective
May 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
We are implementing specifications for the 2022 monkfish fishery. This action is necessary to ensure allowable monkfish harvest levels that will prevent overfishing and allow harvesting of optimum yield. This action is intended to establish the allowable 2022 harvest levels, consistent with the Monkfish Fishery Management Plan and previously announced multi-year specifications.
Full Text
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<title>Federal Register, Volume 87 Issue 77 (Thursday, April 21, 2022)</title>
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[Federal Register Volume 87, Number 77 (Thursday, April 21, 2022)]
[Rules and Regulations]
[Pages 23767-23768]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08541]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 220414-0097; RTID 0648-XB848]
Fisheries of the Northeastern United States; Monkfish Fishery;
2022 Monkfish Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: We are implementing specifications for the 2022 monkfish
fishery. This action is necessary to ensure allowable monkfish harvest
levels that will prevent overfishing and allow harvesting of optimum
yield. This action is intended to establish the allowable 2022 harvest
levels, consistent with the Monkfish Fishery Management Plan and
previously announced multi-year specifications.
DATES: The final specifications for the 2022 monkfish fishery are
effective May 1, 2022, through April 30, 2023.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management
Specialist, (978) 281-9232.
SUPPLEMENTARY INFORMATION: The New England and Mid-Atlantic Fishery
Management Councils jointly manage the monkfish fishery. The Monkfish
Fishery Management Plan includes a specifications process that requires
the Councils to recommend quotas on a triennial basis. This action
finalizes 2022 specifications approved by the Councils in Framework
Adjustment 12 to the Monkfish Fishery Management Plan, which included
specifications for fishing years 2020-2022.
On September 17, 2020, we approved Framework 12 measures for the
2020 fishing year (85 FR 57986), based on a recent stock assessment
update and consistent with the New England Council's Scientific and
Statistical Committee recommendations. At that time, we also projected
a continuation of those same specifications for 2021 and 2022. Final
2022 total allowable landings in both the Northern and Southern Fishery
Management Areas are summarized in Table 1. These 2022 measures are the
same as those implemented in 2020 and 2021. All other requirements
remain the same.
Table 1--Monkfish Specifications for Fishing Year 2022
[In metric tons]
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Catch limits Northern area Southern area
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Acceptable Biological Catch............. 8,351............................. 12,316.
Annual Catch Limit...................... 8,351............................. 12,316.
Management Uncertainty.................. 3 percent......................... 3 percent.
Annual Catch Target (Total Allowable 8,101............................. 11,947.
Landings + discards).
Discards................................ 1,477............................. 6,065.
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Total Allowable Landings............ 6,624............................. 5,882.
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[[Page 23768]]
We have reviewed available 2020 and 2021 fishery information. There
have been no annual catch limit overages, nor is there any new
biological information that would require altering the projected 2022
specifications. Based on this, we are implementing the fishing year
2022 specifications announced in the Framework 12 final rule (85 FR
57986, September 17, 2020). The 2022 specifications will be effective
until April 30, 2023.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with the Monkfish Fishery Management Plan, other provisions
of the Magnuson-Stevens Act, and other applicable law.
This final rule is exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), we find good cause to waive prior
public notice and opportunity for public comment on the catch limit and
allocation adjustments because allowing time for notice and comment is
unnecessary. The Framework 12 proposed rule provided the public with
the opportunity to comment on the 2020-2022 specifications (85 FR
39157, June 30, 2020). No comments were received on the proposed rule.
Thus, the proposed and final rules that contained the projected 2020-
2022 specifications provided a full opportunity for the public to
comment on the substance and process of this action. Furthermore, no
circumstances or conditions have changed in the monkfish fishery that
would cause new concern or necessitate reopening the comment period.
Finally, the final 2022 specifications being implemented by this rule
are unchanged from those projected in the Framework 12 final rule.
There is good cause under 5 U.S.C. 553(d) to establish an effective
date less than 30 days after date of publication. This action provides
notice of monkfish fishery specifications for the 2022 fishing year,
which begins on May 1, 2022. As stated, final 2022 specifications are
unchanged from those projected in the Framework 12 final rule, and so
industry participants expect timely implementation of this action. A
30-day delayed effectiveness for this action would result in rollover
of specifications from the 2021 fishing year, until this final rule
becomes effective. The disruption caused by a rollover of 2021
specifications would result in negative impacts to the industry and
public by producing confusion and complication to catch accounting
processes. For these reasons, the 30-delayed effectiveness period would
undermine management objectives of the FMP and cause unnecessary
negative economic or other impacts to the monkfish fishery.
The Chief Counsel for Regulation, Department of Commerce,
previously certified to the Chief Counsel for Advocacy of the Small
Business Administration that the 2020-2022 monkfish specifications
would not have a significant economic impact on a substantial number of
small entities. Implementing status quo specifications for 2022 will
not change the conclusions drawn in that previous certification to the
SBA. Because advance notice and the opportunity for public comment are
not required for this action under the Administrative Procedure Act, or
any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., do not apply to this rule.
Therefore, no new regulatory flexibility analysis is required and none
has been prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 18, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-08541 Filed 4-20-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 21, 2022.
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