Rule2022-28626
Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; Final 2023 Atlantic Deep-Sea Red Crab 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
January 5, 2023
Effective
March 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
We are finalizing specifications for the 2023 Atlantic deep- sea red crab fishery, including an annual catch limit, and total allowable landings limit. This action is necessary to fully implement previously projected allowable red crab harvest levels that will prevent overfishing and allow harvesting of optimum yield. This action is intended to establish the allowable 2023 harvest levels, consistent with the Atlantic Deep-Sea Red Crab Fishery Management Plan.
Full Text
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<title>Federal Register, Volume 88 Issue 3 (Thursday, January 5, 2023)</title>
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[Federal Register Volume 88, Number 3 (Thursday, January 5, 2023)]
[Rules and Regulations]
[Pages 788-789]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28626]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 221228-0283]
RTID 0648-XC484
Fisheries of the Northeastern United States; Atlantic Deep-Sea
Red Crab Fishery; Final 2023 Atlantic Deep-Sea Red Crab Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: We are finalizing specifications for the 2023 Atlantic deep-
sea red crab fishery, including an annual catch limit, and total
allowable landings limit. This action is necessary to fully implement
previously projected allowable red crab harvest levels that will
prevent overfishing and allow harvesting of optimum yield. This action
is intended to establish the allowable 2023 harvest levels, consistent
with the Atlantic Deep-Sea Red Crab Fishery Management Plan.
DATES: The final specifications for the 2023 Atlantic deep-sea red crab
fishery are effective March 1, 2023, through February 29, 2024.
FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management
Specialist, (978) 281-9184.
SUPPLEMENTARY INFORMATION: The Atlantic deep-sea red crab fishery is
managed by the New England Fishery Management Council. The Atlantic
Deep-Sea Red Crab Fishery Management Plan includes a specification
process that requires the Council to recommend an acceptable biological
catch, an annual catch limit, and total allowable landings every four
years. Collectively, these are the red crab specifications. Prior to
the start of fishing year 2020, the Council recommended specifications
for the 2020-2023 fishing years (Table 1).
Table 1--Council-Approved 2020-2023 Red Crab Specifications
------------------------------------------------------------------------
Metric Million
ton lb
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Acceptable Biological Catch........................... 2,000 4.41
Annual Catch Limit.................................... 2,000 4.41
Total Allowable Landings.............................. 2,000 4.41
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On April 14, 2020, we approved the Council-recommended
specifications for the 2020 fishing year, effective through February
28, 2021, and we projected the continuation of those specifications for
2021-2023 (85 FR 20615). At the end of each fishing year, we evaluate
catch information and determine if the quota has been exceeded. If a
quota is exceeded, the regulations at 50 CFR 648.262(b) require a
pound-for-pound reduction in a subsequent fishing year. We have
reviewed available 2022 fishery information against the projected 2023
specifications. There have been no annual catch limit or total
allowable landings overages, nor is there any new biological
information that would require altering the projected 2023
specifications published in 2020. Based on this information, we are
finalizing specifications for fishing year 2023, as projected in the
2020 specifications rule, and outlined above in Table 1. These
specifications are not expected to result in overfishing, and they
adequately account for scientific uncertainty. This is the final year
of these specifications, and new specifications will be developed by
the Council for 2024 and beyond.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with the Atlantic Deep-Sea Red Crab Fishery
Management Plan, the Magnuson-Stevens Fishery Conservation and
Management Act, and other applicable law.
This 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
would be contrary to the public interest. The proposed rule for the
2020-2023 specifications provided the public with the opportunity to
comment on the specifications, including the projected 2021 through
2023 specifications (85 FR 9717, February 20, 2020). We received no
comments on the proposed rule announcing the projected 2021-2023
specifications and the process for announcing finalized interim year
quotas. Further, this final rule contains no changes from the projected
2023 specifications that were included in both the February 20, 2020,
proposed rule and the April 14, 2020, final rule. The public and
industry participants expect this action. Through both the proposed
rule for the 2020-2023 specifications and the final rule for the 2020
specifications, we alerted the public that we would conduct a review of
the latest available catch information in each of the interim years of
the multi-year specifications and announce the final quota prior to the
March 1 start of the fishing year. Thus, the proposed and final rules
that contained the projected 2021-2023 specifications provided a full
opportunity for the public to comment on the substance and process of
this action.
The Chief Counsel for Regulation, Department of Commerce,
previously certified to the Chief Counsel for Advocacy of the Small
Business Administration (SBA) that the 2020-2023 red crab
specifications would not have a significant economic impact on a
substantial number of small entities. Implementing the 2023
specifications 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 action does not contain a collection of information
requirement for the purposes of the Paperwork Reduction Act.
Authority: 16 U.S.C. 1801 et seq.
[[Page 789]]
Dated: December 30, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-28626 Filed 1-4-23; 8:45 am]
BILLING CODE 3510-22-P
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