27952 Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 220502–0109; RTID 0648– 

XB884] 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fisheries; Final 2022 

Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is finalizing 

specifications for fishing year 2022 for 

the chub mackerel, butterfish, longfin 

squid, and Illex squid fisheries. This 

action is necessary to reaffirm 

previously approved projected 

allowable harvest levels that will 

prevent overfishing and allow 

harvesting of optimum yield for all the 

species of the Mackerel, Squid, and 

Butterfish Fishery Management Plan. 

These specifications are intended to 

promote the sustainable utilization and 

conservation of the mackerel, squid, and 

butterfish resources. 

DATES: Effective May 10, 2022. 

FOR FURTHER INFORMATION CONTACT: Aly 

Pitts, Fishery Management Specialist, 

(978) 281–9352. 

SUPPLEMENTARY INFORMATION: The 

regulations implementing the Mackerel, 

Squid, and Butterfish Fishery 

Management Plan (FMP) require the 

Mid-Atlantic Fishery Management 

Council’s Mackerel, Squid, and 

Butterfish Monitoring Committee to 

develop specification recommendations 

for each species based upon the 

acceptable biological catch (ABC) advice 

of the Council’s Scientific and 

Statistical Committee (SSC). 

On July 22, 2021 (86 FR 38586), we 

published a final rule in the Federal 

Register setting new 2021 and projected 

specifications for fishing year 2022 

butterfish and Illex squid, while 

maintaining the current longfin squid, 

Atlantic mackerel, and chub mackerel 

specifications for 2021 and projected for 

2022–2023. The proposed rule for that 

action included additional background 

on specifications and the details of how 

the Council derived its recommended 

specifications for Atlantic mackerel, 

chub mackerel, Illex squid, longfin 

squid, and butterfish. Those details are 

not repeated here; for additional 

information, please refer to the 

proposed rule for that action. This 

action will reaffirm the 2022 

specifications for chub mackerel, Illex 

squid, longfin squid, and butterfish 

(Table 1, 2, 3, 4, 5, and 6). The Atlantic 

mackerel specifications for 2022 were 

set by a separate action, effective on 

January 7, 2022 (87 FR 1700), and are 

not modified by this action. 

TABLE 1—LONGFIN SQUID FINAL 2022 SPECIFICATIONS

Specification Metric tons 

Overfishing Limit (OFL) ....................................................................................................................................................................... Unknown. 

Acceptable Biological Catch (ABC) ..................................................................................................................................................... 23,400. 

Initial Optimum Yield (IOY) ................................................................................................................................................................. 22,932. 

Domestic Annual Harvest (DAH), Domestic Annual Processing (DAP) ............................................................................................. 22,932. 

TABLE 2—LONGFIN QUOTA TRIMESTER

ALLOCATIONS FINAL 2022 SPECIFICATIONS

Trimester Percent Metric 

tons 

I (Jan–Apr) ............. 43 9,861 

II (May–Aug) ........... 17 3,898 

III (Sep–Dec) .......... 40 9,173 

TABLE 3—BUTTERFISH FINAL 2022 

SPECIFICATIONS

Specification Metric tons 

OFL ....................................... 24, 341 

ABC ...................................... 17,854 

Annual Catch Target (ACT) .. 16,961 

Assumed discards ................ 637 

Total discards ....................... 5,466 

Butterfish cap in longfin fishery ..................................... 3,884 

DAH ...................................... 11,495 

TABLE 4—2022 TRIMESTER ALLOCATION OF BUTTERFISH MORTALITY

CAP ON THE LONGFIN SQUID FISHERY

Trimester Percent Metric 

tons 

I (Jan–Apr) ............. 43 1,670 

II (May–Aug) ........... 17 660 

III (Sep–Dec) .......... 40 1,554 

Total ................... 100 3,844 

TABLE 5—ILLEX SQUID FINAL 2022 

SPECIFICATIONS

Specification Metric tons 

OFL ...................................... Unknown. 

ABC ...................................... 33,000. 

IOY ....................................... 31,478. 

DAH/DAP ............................. 31,478. 

TABLE 6—ATLANTIC CHUB MACKEREL

FINAL 2022 SPECIFICATIONS

Specification Metric tons 

ABC ...................................... 2,300 

ACL ....................................... 2,262 

ACT ....................................... 2,171 

TABLE 6—ATLANTIC CHUB MACKEREL

FINAL 2022 SPECIFICATIONS—Continued 

Specification Metric tons 

Total Allowable Landings ............................ 2,041 

Classification 

The NMFS Assistant Administrator 

has determined that this final rule is 

consistent with the Mackerel, Squid, 

and Butterfish 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 because 

this action contains no implementing 

regulations. 

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 unnecessary and contrary to 

the public interest. The proposed rule 

for the 2021–2023 specifications 

provided the public with the 

opportunity to comment on the 


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Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Rules and Regulations 27953 

specifications, including the projected 

2022 through 2023 specifications (86 FR 

28323, May 26, 2021). The 2022 

specifications presented here were 

previously approved through the 2021– 

2023 specifications and this final rule is 

intended to officially reaffirm these 

specifications. Further, this final rule 

contains no changes from the projected 

2022 specifications that were included 

in both the May 26, 2021, proposed rule 

and the July 22, 2021, final rule. The 

butterfish specifications were decreased 

by 72 percent in 2021 from 2020, but 

this rule increases the allowable catch 

by 53 percent. Implementing these 

specifications will reduce the likelihood 

of an unnecessary closure of the 

butterfish fishery and will avoid 

confusion. The public and industry 

participants expect this action. Through 

both the proposed rule and final rules 

for the 2021–2023 specifications, we 

alerted the public that we would 

conduct a review of the latest available 

data in each of the interim years of the 

multi-year specifications and may make 

changes if warranted. 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. Based on these 

considerations, we further find, 

pursuant to 5 U.S.C. 553 (d)(3), good 

cause to waive the 30-day delayed 

effectiveness period for the reasons 

stated above. 

The Chief Counsel for Regulation, 

Department of Commerce, previously 

certified to the Chief Counsel for 

Advocacy of the Small Business 

Administration (SBA) that the 2022 

chub mackerel, Illex squid, longfin quid, 

and butterfish 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: May 2, 2022. 

Samuel D. Rauch, III 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2022–09686 Filed 5–9–22; 8:45 am] 

BILLING CODE 3510–22–P 


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