[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 [www.gpo.gov]
[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]
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