[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)]
[Rules and Regulations]
[Pages 19462-19463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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
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                                                                    Incidental limit on a  Possession limit when
          Management area                 TAL         DAS maximum       groundfish DAS       on a monkfish DAS
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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.
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    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]
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