Rule2022-25295
Atlantic Surfclam and Ocean Quahog Fisheries; 2023 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 21, 2022
Effective
January 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces that the quotas for the Atlantic surfclam and ocean quahog fisheries for 2023 will remain status quo. NMFS also suspends the minimum size limit for Atlantic surfclams for the 2023 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. The 2023 quotas were previously announced as projected values. This action confirms the final quotas are unchanged from those projections. This action would not result in harm to these fisheries.
Full Text
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<title>Federal Register, Volume 87 Issue 223 (Monday, November 21, 2022)</title>
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[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Rules and Regulations]
[Page 70751]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25295]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 221115-0240]
RTID 0648-XC516
Atlantic Surfclam and Ocean Quahog Fisheries; 2023 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.
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SUMMARY: NMFS announces that the quotas for the Atlantic surfclam and
ocean quahog fisheries for 2023 will remain status quo. NMFS also
suspends the minimum size limit for Atlantic surfclams for the 2023
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. The 2023 quotas were
previously announced as projected values. This action confirms the
final quotas are unchanged from those projections. This action would
not result in harm to these fisheries.
DATES: Effective January 1, 2023, through December 31, 2023.
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 notice in the
Federal Register of the upcoming year's quota, even if the quota
remains unchanged from the previous year. At its June 2022 meeting, the
Mid-Atlantic Fishery Management Council recommended no change to the
quota specifications for Atlantic surfclams and ocean quahogs for the
2023 fishing year. We are announcing 2023 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
2023 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 surfclams 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. The default minimum size limit is intended to prevent the
fishery from harvesting too many small clams that it could harm the
overall population. The size limit is unnecessary if small clams are
not a significant portion of overall catch. At its June 2022 meeting,
the Council reviewed recent developments in the fishery and recommended
the Regional Administrator once again suspend the minimum size limit
for Atlantic surfclams for the 2023 fishing year. Commercial surfclam
data for 2022 indicated that 27.6 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, 2023).
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.
This rule is routine and formulaic. 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
2023 specifications, which remain unchanged. Delaying this action would
prolong public uncertainty about the final quotas for the 2023 fishing
year, and could delay issuance of 2023 ITQ cage tags to quota
shareholders. 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. Accordingly, no Regulatory Flexibility
Analysis is required and none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 15, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-25295 Filed 11-18-22; 8:45 am]
BILLING CODE 3510-22-P
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