[Federal Register Volume 88, Number 3 (Thursday, January 5, 2023)]
[Rules and Regulations]
[Pages 788-789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28626]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 221228-0283]
RTID 0648-XC484


Fisheries of the Northeastern United States; Atlantic Deep-Sea 
Red Crab Fishery; Final 2023 Atlantic Deep-Sea Red Crab Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: We are finalizing specifications for the 2023 Atlantic deep-
sea red crab fishery, including an annual catch limit, and total 
allowable landings limit. This action is necessary to fully implement 
previously projected allowable red crab harvest levels that will 
prevent overfishing and allow harvesting of optimum yield. This action 
is intended to establish the allowable 2023 harvest levels, consistent 
with the Atlantic Deep-Sea Red Crab Fishery Management Plan.

DATES: The final specifications for the 2023 Atlantic deep-sea red crab 
fishery are effective March 1, 2023, through February 29, 2024.

FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management 
Specialist, (978) 281-9184.

SUPPLEMENTARY INFORMATION: The Atlantic deep-sea red crab fishery is 
managed by the New England Fishery Management Council. The Atlantic 
Deep-Sea Red Crab Fishery Management Plan includes a specification 
process that requires the Council to recommend an acceptable biological 
catch, an annual catch limit, and total allowable landings every four 
years. Collectively, these are the red crab specifications. Prior to 
the start of fishing year 2020, the Council recommended specifications 
for the 2020-2023 fishing years (Table 1).

       Table 1--Council-Approved 2020-2023 Red Crab Specifications
------------------------------------------------------------------------
                                                         Metric  Million
                                                          ton       lb
------------------------------------------------------------------------
Acceptable Biological Catch...........................    2,000     4.41
Annual Catch Limit....................................    2,000     4.41
Total Allowable Landings..............................    2,000     4.41
------------------------------------------------------------------------

    On April 14, 2020, we approved the Council-recommended 
specifications for the 2020 fishing year, effective through February 
28, 2021, and we projected the continuation of those specifications for 
2021-2023 (85 FR 20615). At the end of each fishing year, we evaluate 
catch information and determine if the quota has been exceeded. If a 
quota is exceeded, the regulations at 50 CFR 648.262(b) require a 
pound-for-pound reduction in a subsequent fishing year. We have 
reviewed available 2022 fishery information against the projected 2023 
specifications. 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 2023 
specifications published in 2020. Based on this information, we are 
finalizing specifications for fishing year 2023, as projected in the 
2020 specifications rule, and outlined above in Table 1. These 
specifications are not expected to result in overfishing, and they 
adequately account for scientific uncertainty. This is the final year 
of these specifications, and new specifications will be developed by 
the Council for 2024 and beyond.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the Atlantic Deep-Sea Red Crab 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.
    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 contrary to the public interest. The proposed rule for the 
2020-2023 specifications provided the public with the opportunity to 
comment on the specifications, including the projected 2021 through 
2023 specifications (85 FR 9717, February 20, 2020). We received no 
comments on the proposed rule announcing the projected 2021-2023 
specifications and the process for announcing finalized interim year 
quotas. Further, this final rule contains no changes from the projected 
2023 specifications that were included in both the February 20, 2020, 
proposed rule and the April 14, 2020, final rule. The public and 
industry participants expect this action. Through both the proposed 
rule for the 2020-2023 specifications and the final rule for the 2020 
specifications, we alerted the public that we would conduct a review of 
the latest available catch information in each of the interim years of 
the multi-year specifications and announce the final quota prior to the 
March 1 start of the fishing year. 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.
    The Chief Counsel for Regulation, Department of Commerce, 
previously certified to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA) that the 2020-2023 red crab 
specifications would not have a significant economic impact on a 
substantial number of small entities. Implementing the 2023 
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.


[[Page 789]]


    Dated: December 30, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-28626 Filed 1-4-23; 8:45 am]
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