Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations 3697 

(2) If more than two-thirds of the 

southern red hake TAL is harvested in 

a single year, the Regional 

Administrator shall consult with the 

Council and will consider implementing 

quarterly TALs in the following fishing 

year, as prescribed in the FMP and in a 

manner consistent with the 

requirements of the Administrative 

Procedure Act. 

* * * * * 

[FR Doc. 2022–01389 Filed 1–24–22; 8:45 am] 

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DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.: 220119–0025; RTID 0648– 

XX076] 

Fisheries of the Northeastern United 

States; Atlantic Deep-Sea Red Crab 

Fishery; Final 2022 Atlantic Deep-Sea 

Red Crab Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: We are finalizing 

specifications for the 2022 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 2022 harvest levels, 

consistent with the Atlantic Deep-Sea 

Red Crab Fishery Management Plan. 

DATES: The final specifications for the 

2022 Atlantic deep-sea red crab fishery 

are effective March 1, 2022, through 

February 28, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Allison Murphy, Fishery Policy Analyst, 

(978) 281–9122. 

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 New England Fishery 

Management 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 

ton 

Million 

lb 

Acceptable Biological Catch ... 2,000 4.41 

Annual Catch Limit .................. 2,000 4.41 

Total Allowable Landings 2,000 4.41 

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 2021 

fishery information against the projected 

2022 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 2022 

specifications published in 2020. Based 

on this information, we are finalizing 

specifications for fishing year 2022, 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. 

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 is 

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 2022 

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 multiyear 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 2022 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. 

Dated: January 19, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2022–01391 Filed 1–24–22; 8:45 am] 

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