83_FR_19548 83 FR 19462 - Fisheries of the Northeastern United States; Monkfish Fishery; 2018 Monkfish Specifications

83 FR 19462 - Fisheries of the Northeastern United States; Monkfish Fishery; 2018 Monkfish Specifications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 86 (May 3, 2018)

Page Range19462-19463
FR Document2018-09368

We are implementing specifications for the 2018 monkfish fishery, including total allowable landings limits, trip limits, and day-at-sea limits. 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 2018 harvest levels, consistent with the Monkfish Fishery Management Plan and previously announced multi-year specifications.

Federal Register, Volume 83 Issue 86 (Thursday, May 3, 2018) 
[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)]
[Rules and Regulations]
[Pages 19462-19463]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09368]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180411362-8362-01]
RIN 0648-XG168


Fisheries of the Northeastern United States; Monkfish Fishery; 
2018 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 2018 monkfish 
fishery, including total allowable landings limits, trip limits, and 
day-at-sea limits. 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 2018 harvest levels, consistent with the Monkfish Fishery 
Management Plan and previously announced multi-year specifications.

DATES: The final specifications for the 2018 monkfish fishery are 
effective June 4, 2018, through April 30, 2019.

FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy 
Analyst, (978) 281-9122.

SUPPLEMENTARY INFORMATION: The New England and Mid-Atlantic Fishery 
Management Councils jointly manage the monkfish fishery. The fishery is 
divided into Northern and Southern Fishery Management Areas and there 
are different management measures for each area. Primary effort 
controls include a yearly allocation of days-at-sea (DAS) and landing 
limits that are designed to enable the fishery to catch, but not 
exceed, its annual quotas. This action would continue specifications 
approved by the Councils in Framework Adjustment 10 to the Monkfish 
Fishery Management Plan, which included specifications for fishing 
years 2017-2019.
    On July 12, 2017, we approved measures in Framework 10 for the 2017 
fishing year (82 FR 32145), based on a recent stock assessment update 
and consistent with the Councils' Scientific and Statistical Committee 
recommendations. At that time, we also approved the projected 
specifications for 2018 and 2019. Approved measures for 2018 (Table 1) 
include total allowable landings (TAL) in both the Northern and 
Southern Fishery Management Areas, DAS limits, and trip limits. These 
2018 measures are the same as 2017. All other requirements remain the 
same.

                             Table 1--Monkfish Specifications for Fishing Year 2018
----------------------------------------------------------------------------------------------------------------
                                                                    Incidental limit on a  Possession limit when
          Management area                 TAL         DAS maximum       groundfish DAS       on a monkfish DAS
----------------------------------------------------------------------------------------------------------------
Northern Area.....................           6,338  ..............  Category C: 900lb      .....................
                                                                     tail weight per DAS.
                                                                    Category D: 750lb
                                                                     tail weight per DAS.
Southern Area.....................           9,011              37  .....................  Category A/C: 700 lb
                                                                                            tail weight per DAS.
                                                                                           Category B/D: 575 lb
                                                                                            tail weight per DAS.
----------------------------------------------------------------------------------------------------------------

    We have reviewed available 2017 fishery information against the 
2018 specifications. While we have exceeded the Northern Area total 
allowable landings, we do not expect that the annual catch limit will 
be exceeded. Further, there is no new biological information that would 
require altering the projected 2018 specifications. Neither Council has 
recommended any changes to the previous multi-year specifications. 
Based on this, we are implementing the 2018 specifications as outlined 
in the Framework 10 final rule (82 FR 32145, July 12, 2017). The 2018 
specifications will be effective until April 30, 2019. We will finalize 
the 2019 fishing year specifications prior to May 1, 2019, by 
publishing another final rule.
    The 2018 fishing year starts on May 1, 2018. The fishery management 
plan allows for the previous year's specifications to remain in place 
until

[[Page 19463]]

replaced by a subsequent specifications action (rollover provision). As 
a result, the 2017 specifications remain in effect until replaced by 
the 2018 specifications included in this rule.
    We will publish notice in the Federal Register of any revisions to 
these specifications if an overage occurs in 2018 that would require 
adjusting the 2019 projected specifications. We will provide notice of 
the final 2019 specifications prior to the May 1, 2019, start of the 
fishing year.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the Monkfish 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 
unnecessary. The Framework 10 proposed rule provided the public with 
the opportunity to comment on the 2017-2019 specifications (82 FR 
21498, May 9, 2017). While comments in the Framework 10 final rule were 
mixed on whether limits should be liberalized or made more restrictive, 
no comments were received on the announced 2018 specifications. Thus, 
the proposed and final rules that contained the projected 2017-2019 
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 2017 monkfish fishery that would 
cause new concern or necessitate reopening the comment period. Finally, 
the final 2018 specifications being implemented by this rule are 
unchanged from those projected in the Framework 10 final rule.
    The Chief Counsel for Regulation, Department of Commerce, 
previously certified to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA) that the 2017-2019 monkfish 
specifications would not have a significant economic impact on a 
substantial number of small entities. Implementing status quo 
specifications for 2018 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: April 27, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-09368 Filed 5-2-18; 8:45 am]
BILLING CODE 3510-22-P

19462 Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Rules and Regulations Classification on this closure process when we put the allowable 2018 harvest levels, NGOM management provisions in place consistent with the Monkfish Fishery This action is required by 50 CFR part on April 1, 2018 (83 FR 12857). NMFS Management Plan and previously 648 and is exempt from review under also finds, pursuant to 5 U.S.C. announced multi-year specifications. Executive Order 12866. 553(d)(3), good cause to waive the 30- DATES: The final specifications for the The Assistant Administrator for day delayed effectiveness period for the fisheries, NOAA, finds good cause 2018 monkfish fishery are effective June reasons stated above. 4, 2018, through April 30, 2019. pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for Authority: 16 U.S.C. 1801 et seq. FOR FURTHER INFORMATION CONTACT: public comment because it would be Dated: April 30, 2018. Allison Murphy, Fishery Policy Analyst, contrary to the public interest and Alan D. Risenhoover, (978) 281–9122. impracticable. The NGOM Scallop Director, Office of Sustainable Fisheries, SUPPLEMENTARY INFORMATION: The New Management Area opened for the 2018 National Marine Fisheries Service. England and Mid-Atlantic Fishery fishing year on April 1, 2018. The [FR Doc. 2018–09377 Filed 4–30–18; 4:15 pm] Management Councils jointly manage regulations at § 648.60(b)(2) require this BILLING CODE 3510–22–P the monkfish fishery. The fishery is closure to ensure that federally divided into Northern and Southern permitted scallop vessels do not harvest Fishery Management Areas and there more than the allocated LAGC TAC for DEPARTMENT OF COMMERCE are different management measures for the NGOM Scallop Management Area. each area. Primary effort controls NMFS can only make projections for the National Oceanic and Atmospheric include a yearly allocation of days-at- NGOM closure date as trips into the area Administration sea (DAS) and landing limits that are occur on a real-time basis and as activity designed to enable the fishery to catch, trends appear. As a result, NMFS can 50 CFR Part 648 but not exceed, its annual quotas. This typically make an accurate projection [Docket No. 180411362–8362–01] action would continue specifications only shortly before the TAC is approved by the Councils in Framework harvested. A rapid harvest rate, that has RIN 0648–XG168 Adjustment 10 to the Monkfish Fishery occurred in the last two weeks, makes Management Plan, which included it more difficult to project a closure well Fisheries of the Northeastern United specifications for fishing years 2017– in advance. To allow federally States; Monkfish Fishery; 2018 2019. permitted LAGC scallop vessels to Monkfish Specifications On July 12, 2017, we approved continue to take trips in the NGOM AGENCY: National Marine Fisheries measures in Framework 10 for the 2017 Scallop Management Area during the Service (NMFS), National Oceanic and fishing year (82 FR 32145), based on a period necessary to publish and receive Atmospheric Administration (NOAA), recent stock assessment update and comments on a proposed rule would Commerce. consistent with the Councils’ Scientific result in vessels harvesting more than ACTION: Final rule. and Statistical Committee the 2018 LAGC TAC for the NGOM recommendations. At that time, we also Scallop Management Area. This would SUMMARY: We are implementing approved the projected specifications result in excessive fishing effort in the specifications for the 2018 monkfish for 2018 and 2019. Approved measures area thereby undermining conservation fishery, including total allowable for 2018 (Table 1) include total objectives of the Atlantic Sea Scallop landings limits, trip limits, and day-at- allowable landings (TAL) in both the Fishery Management Plan and requiring sea limits. This action is necessary to Northern and Southern Fishery more restrictive future management ensure allowable monkfish harvest Management Areas, DAS limits, and trip measures to make up for the excessive levels that will prevent overfishing and limits. These 2018 measures are the harvest. Also, the public had prior allow harvesting of optimum yield. This same as 2017. All other requirements notice and full opportunity to comment action is intended to establish the remain the same. TABLE 1—MONKFISH SPECIFICATIONS FOR FISHING YEAR 2018 DAS Incidental limit on a Possession limit when on Management area TAL maximum groundfish DAS a monkfish DAS Northern Area .............................................................. 6,338 ........................ Category C: 900lb tail weight per DAS. Category D: 750lb tail weight per DAS. Southern Area ............................................................. 9,011 37 .......................................... Category A/C: 700 lb tail weight per DAS. Category B/D: 575 lb tail weight per DAS. We have reviewed available 2017 the projected 2018 specifications. April 30, 2019. We will finalize the fishery information against the 2018 Neither Council has recommended any 2019 fishing year specifications prior to sradovich on DSK3GMQ082PROD with RULES specifications. While we have exceeded changes to the previous multi-year May 1, 2019, by publishing another final the Northern Area total allowable specifications. Based on this, we are rule. landings, we do not expect that the implementing the 2018 specifications as The 2018 fishing year starts on May annual catch limit will be exceeded. outlined in the Framework 10 final rule 1, 2018. The fishery management plan Further, there is no new biological (82 FR 32145, July 12, 2017). The 2018 allows for the previous year’s information that would require altering specifications will be effective until specifications to remain in place until VerDate Sep<11>2014 15:59 May 02, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\03MYR1.SGM 03MYR1

Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Rules and Regulations 19463 replaced by a subsequent specifications unnecessary. The Framework 10 2019 monkfish specifications would not action (rollover provision). As a result, proposed rule provided the public with have a significant economic impact on the 2017 specifications remain in effect the opportunity to comment on the a substantial number of small entities. until replaced by the 2018 specifications 2017–2019 specifications (82 FR 21498, Implementing status quo specifications included in this rule. May 9, 2017). While comments in the for 2018 will not change the conclusions We will publish notice in the Federal Framework 10 final rule were mixed on drawn in that previous certification to Register of any revisions to these whether limits should be liberalized or the SBA. Because advance notice and specifications if an overage occurs in made more restrictive, no comments the opportunity for public comment are 2018 that would require adjusting the were received on the announced 2018 not required for this action under the 2019 projected specifications. We will specifications. Thus, the proposed and Administrative Procedure Act, or any provide notice of the final 2019 final rules that contained the projected other law, the analytical requirements of specifications prior to the May 1, 2019, 2017–2019 specifications provided a the Regulatory Flexibility Act, 5 U.S.C. start of the fishing year. full opportunity for the public to 601, et seq., do not apply to this rule. Classification comment on the substance and process Therefore, no new regulatory flexibility of this action. Furthermore, no analysis is required and none has been The NMFS Assistant Administrator circumstances or conditions have prepared. has determined that this final rule is changed in the 2017 monkfish fishery consistent with the Monkfish This action does not contain a that would cause new concern or collection of information requirement Management Plan, the Magnuson- necessitate reopening the comment for the purposes of the Paperwork Stevens Fishery Conservation and period. Finally, the final 2018 Reduction Act. Management Act, and other applicable specifications being implemented by law. Authority: 16 U.S.C. 1801 et seq. This rule is exempt from review this rule are unchanged from those under Executive Order 12866. projected in the Framework 10 final Dated: April 27, 2018. Pursuant to 5 U.S.C. 553(b)(B), we rule. Samuel D. Rauch, III, find good cause to waive prior public The Chief Counsel for Regulation, Deputy Assistant Administrator for notice and opportunity for public Department of Commerce, previously Regulatory Programs, National Marine comment on the catch limit and certified to the Chief Counsel for Fisheries Service. allocation adjustments because allowing Advocacy of the Small Business [FR Doc. 2018–09368 Filed 5–2–18; 8:45 am] time for notice and comment is Administration (SBA) that the 2017– BILLING CODE 3510–22–P sradovich on DSK3GMQ082PROD with RULES VerDate Sep<11>2014 15:59 May 02, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4700 Sfmt 9990 E:\FR\FM\03MYR1.SGM 03MYR1


Document Created: 2018-05-02 23:48:12
Document Modified: 2018-05-02 23:48:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe final specifications for the 2018 monkfish fishery are effective June 4, 2018, through April 30, 2019.
ContactAllison Murphy, Fishery Policy Analyst, (978) 281-9122.
FR Citation83 FR 19462 
RIN Number0648-XG16
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