[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Rules and Regulations]
[Pages 9072-9073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02677]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240205-0038; RTID 0648-XD564]


Fisheries of the Northeastern United States; Monkfish Fishery; 
2024 Monkfish Specifications

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

ACTION: Final rule.

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SUMMARY: NMFS is implementing specifications for the 2024 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 2024 harvest 
levels, consistent with the Monkfish Fishery Management Plan and 
previously announced multi-year specifications.

DATES: The final specifications for the 2024 monkfish fishery are 
effective May 1, 2024, through April 30, 2025.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy 
Analyst, (978) 281-9232.

SUPPLEMENTARY INFORMATION: The New England and Mid-Atlantic Fishery 
Management Councils (together, the 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 finalizes 2024 specifications 
approved by the Councils in Framework Adjustment 13 to the Monkfish 
Fishery Management Plan, which included specifications for fishing 
years 2023-2025.
    On August 11, 2023, NMFS published a final rule approving Framework 
13 measures for the 2023 fishing year (88 FR 54495), based on a recent 
stock assessment update and consistent with the New England Council's 
Scientific and Statistical Committee recommendations. At that time, 
NMFS also projected a continuation of those same specifications for 
2024 and 2025. The final total allowable landings in both the Northern 
and Southern Fishery Management Areas for 2024 are summarized in table 
1. The 2024 measures are the same as those implemented in 2023.

         Table 1--Monkfish Specifications for Fishing Year 2024
                            [in metric tons]
------------------------------------------------------------------------
                                                  Northern     Southern
                 Catch limits                       area         area
------------------------------------------------------------------------
Acceptable Biological Catch...................        6,224        5,861
Annual Catch Limit............................        6,224        5,861
Management Uncertainty (3 percent)............          187          176
Annual Catch Target (Total Allowable Landings         6,038        5,685
 + discards)..................................
Expected Discards.............................          729        2,205
                                               -------------------------
    Total Allowable Landings..................        5,309        3,481
------------------------------------------------------------------------

    NMFS has reviewed the available information on fishing years 2022 
and 2023. There have been no annual catch limit overages, nor is there 
any new biological information that would require altering the 
projected 2024 specifications. Based on this, we are implementing the 
fishing year 2024 specifications announced in the Framework 13 final 
rule. The 2024 specifications will be effective until April 30, 2025.
    This final rule makes no modification to other management measures 
for the monkfish fishery (e.g., trip limits, Days-At-Sea allocations, 
etc.).

[[Page 9073]]

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Fishery 
Conservation and Management Act (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 final rule is exempt from review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(3)(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 13 proposed rule provided the 
public with the opportunity to comment on the 2023-2025 specifications 
(88 FR 25351, April 26, 2023). Two comments were received on the 
proposed rule, only one of which specifically addressed the 2023-2025 
specifications. This comment supported these specifications. Thus, the 
proposed and final rules that contained the projected 2023-2025 
specifications provided a full opportunity for the public to comment on 
the substance and process of this action. No circumstances or 
conditions have changed in the monkfish fishery that would cause new 
concern or necessitate reopening the comment period and the final 2024 
specifications being implemented by this rule are unchanged from those 
projected in the Framework 13 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 2023-2025 monkfish 
specifications would not have a significant economic impact on a 
substantial number of small entities. Implementing status quo 
specifications for 2024 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: February 5, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-02677 Filed 2-8-24; 8:45 am]
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