[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Rules and Regulations]
[Pages 14012-14013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05123]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 210308-0050; RTID 0648-XX070]


Fisheries of the Northeastern United States; Monkfish Fishery; 
2021 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 2021 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 2021 harvest 
levels, consistent with the Monkfish Fishery Management Plan and 
previously announced multi-year specifications.

DATES: The final specifications for the 2021 monkfish fishery are 
effective May 1, 2021, through April 30, 2022.

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 Monkfish 
Fishery Management Plan includes a specifications process that requires 
the Councils to recommend quotas on a triennial basis. This action 
would finalize 2021 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 
2021 total allowable landings in both the Northern and Southern Fishery 
Management Areas are summarized in Table 1. These 2021 measures are the 
same as those implemented in 2020. All other requirements remain the 
same.

         Table 1--Monkfish Specifications for Fishing Year 2021
                            [In metric tons]
------------------------------------------------------------------------
              Catch limits                 Northern area   Southern area
------------------------------------------------------------------------
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
Total Allowable Landings................           6,624           5,882
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    We have reviewed available 2020 fishery information. There have 
been no annual catch limit or total allowable landings overages, nor is 
there any new biological information that would require altering the 
projected 2021 specifications. Based on this, we are implementing the 
fishing year 2021 specifications announced in the Framework 12 final 
rule (85 FR 57986, September 17, 2020). The 2021 specifications will be 
effective until April 30, 2022. We will finalize the 2022 fishing year 
specifications prior to May 1, 2022, by publishing another final rule.

[[Page 14013]]

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 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 2021 specifications being implemented by this rule 
are unchanged from those projected in the Framework 12 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 2020-2022 monkfish 
specifications would not have a significant economic impact on a 
substantial number of small entities. Implementing status quo 
specifications for 2021 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: March 8, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-05123 Filed 3-11-21; 8:45 am]
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