Rule2021-24390
Atlantic Surfclam and Ocean Quahog Fisheries; 2022 Fishing Quotas for Atlantic Surfclams and Ocean Quahogs; and Suspension of Atlantic Surfclam Minimum Size Limit
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 8, 2021
Effective
January 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces that the quotas for the Atlantic surfclam and ocean quahog fisheries for 2022 will remain status quo. NMFS also suspends the minimum size limit for Atlantic surfclams for the 2022 fishing year. Regulations for these fisheries require NMFS to notify the public of the allowable harvest levels for Atlantic surfclams and ocean quahogs from the Exclusive Economic Zone even if the previous year's quota specifications remain unchanged.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 213 (Monday, November 8, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Rules and Regulations]
[Page 61714]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24390]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 211103-0223; RTID 0648-XX074]
Atlantic Surfclam and Ocean Quahog Fisheries; 2022 Fishing Quotas
for Atlantic Surfclams and Ocean Quahogs; and Suspension of Atlantic
Surfclam Minimum Size Limit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the quotas for the Atlantic surfclam and
ocean quahog fisheries for 2022 will remain status quo. NMFS also
suspends the minimum size limit for Atlantic surfclams for the 2022
fishing year. Regulations for these fisheries require NMFS to notify
the public of the allowable harvest levels for Atlantic surfclams and
ocean quahogs from the Exclusive Economic Zone even if the previous
year's quota specifications remain unchanged.
DATES: Effective January 1, 2022, through December 31, 2022.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
978-281-9341.
SUPPLEMENTARY INFORMATION: The Atlantic Surfclam and Ocean Quahog
Fishery Management Plan (FMP) requires that NMFS issue a notice in the
Federal Register of the upcoming year's quota, even if the quota
remains unchanged from the previous year. At its June 2021 meeting, the
Mid-Atlantic Fishery Management Council recommended no change to the
quota specifications for Atlantic surfclams and ocean quahogs for the
2022 fishing year. We are announcing 2022 quota levels of 3.4 million
bushels (bu) (181 million L) for Atlantic surfclams, 5.36 million bu
(288 million L) for ocean quahogs, and 100,000 Maine bu (3.52 million
L) for Maine ocean quahogs. These quotas were published as projected
2022 limits in the Federal Register on May 13, 2021 (86 FR 26186). This
rule establishes these quotas as unchanged from 2021 and final.
The regulations at 50 CFR 648.75(b)(3) allow the Regional
Administrator to annually suspend the minimum size limit for Atlantic
surfclams unless discard, catch, and biological sampling data indicate
that 30 percent or more of the Atlantic surfclam resource have a shell
length less than 4.75 inches (in) (121 millimeters (mm)) and the
overall reduced size is not attributable to harvest from beds where
growth of the individual clams has been reduced because of density-
dependent factors. At its June 2021 meeting, the Council recommended
the Regional Administrator suspend the minimum size limit for Atlantic
surfclams for the 2022 fishing year. Commercial surfclam data for 2021
indicated that 16.9 percent of the overall commercial landings were
composed of surfclams that were less than the 4.75-in (121-mm) default
minimum size.
Based on the information available, the Regional Administrator
concurs with the Council's recommendation and is suspending the minimum
size limit for Atlantic surfclams for the upcoming fishing year
(January 1 through December 31, 2022).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries, NOAA, has determined that this
rule is consistent with the Atlantic Surfclam and Ocean Quahog FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law.
This action does not introduce any new reporting, recordkeeping, or
other compliance requirements. This rule does not duplicate, overlap,
or conflict with other Federal rules.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be unnecessary and contrary to the public interest.
The public was given the opportunity to comment on the proposed rule
for the 2021-2026 specifications (86 FR 9901, February 17, 2021),
including the projected 2022 specifications, which remain unchanged.
Delaying this action would prolong public uncertainty about the final
quotas for the 2022 fishing year. The public and industry participants
expect this action because we previously alerted the public that we
would conduct this review in interim years of the multi-year
specifications and announce the final quotas before or as close as
possible to the January 1 start of the fishing year. This rule could
not be published earlier because of the time necessary to collect data
and conduct the analysis to support suspending the minimum size limit
for Atlantic surfclams.
This rule is exempt from the requirements of Executive Order 12866.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 3, 2021.
Carrie Robinson,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2021-24390 Filed 11-5-21; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on November 8, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.