[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Rules and Regulations]
[Pages 10267-10268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05283]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 190213108-9232-01]
RIN 0648-XG820-X
Fisheries of the Northeastern United States; Monkfish Fishery;
2019 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 2019 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 2019 harvest
levels, consistent with the Monkfish Fishery Management Plan and
previously announced multi-year specifications.
DATES: The final specifications for the 2019 monkfish fishery are
effective May 1, 2019, through April 30, 2020.
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 the 2017-2019
specifications approved by the Councils in Framework Adjustment 10 to
the Monkfish Fishery Management Plan.
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. Final 2019 total allowable landings
in both the Northern and Southern Fishery Management Areas are
summarized in Table 1. These 2019 measures are the same as those
implemented in 2017 and 2018. All other requirements remain the same.
Table 1--Monkfish Specifications for Fishing Year 2019
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Total
Management area allowable
landings (mt)
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Northern Fishery Management Area........................ 6,338
Southern Fishery Management Area........................ 9,011
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We have reviewed available 2018 fishery information against the
2019 specifications and we do not expect that the 2018 annual catch
limit will be exceeded. Further, there is no new biological information
that would require altering the projected 2019 specifications. Neither
Council has recommended any changes to the previous multi-year
specifications. Based on this, we are implementing the 2019
specifications as outlined in the Framework 10 final rule (82 FR 32145,
July 12, 2017). The 2019 specifications will be effective until April
30, 2020. This is the final year of these specifications and new
specifications will be developed by the Councils for 2020 through 2022.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with the Monkfish Fishery Management Plan, the
Magnuson-Stevens Fishery Conservation and Management Act, and other
applicable law.
[[Page 10268]]
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 2019 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 2018 monkfish fishery that would
cause new concern or necessitate reopening the comment period. Finally,
the final 2019 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 2019 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: March 15, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-05283 Filed 3-19-19; 8:45 am]
BILLING CODE 3510-22-P