Rule2023-23522
Atlantic Surfclam and Ocean Quahog Fisheries; 2024 Fishing Quotas for Atlantic Surfclams and Ocean Quahogs; and Suspension of Atlantic Surfclam Minimum Size Limit
Primary source
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Published
October 25, 2023
Effective
January 1, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces that the quotas for the Atlantic surfclam and ocean quahog fisheries for 2024 will remain status quo. NMFS also suspends the minimum size limit for Atlantic surfclams for the 2024 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 2024 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 88 Issue 205 (Wednesday, October 25, 2023)</title>
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[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Rules and Regulations]
[Page 73243]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23522]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 231018-0249; RTID 0648-XD380]
Atlantic Surfclam and Ocean Quahog Fisheries; 2024 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 2024 will remain status quo. NMFS also
suspends the minimum size limit for Atlantic surfclams for the 2024
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 2024 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, 2024, through December 31, 2024.
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 2023 meeting, the
Mid-Atlantic Fishery Management Council (Council) recommended no change
to the quota specifications for Atlantic surfclams and ocean quahogs
for the 2024 fishing year. We are announcing 2024 quota levels of 3.4
million bushels (bu) (181 million L) for Atlantic surfclams, 5.36
million bu (285 million L) for ocean quahogs, and 100,000 million bu
(3.52 million L) for Maine ocean quahogs. These quotas were published
as projected 2024 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 (121 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 such 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 2023 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 2024 fishing year. Commercial surfclam data
for 2023 indicated that 19.7 percent of the overall commercial landings
were composed of surfclams that were less than the 4.75-inch (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, 2024).
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
2024 specifications, which remain unchanged. Delaying this action would
prolong public uncertainty about the final quotas for the 2024 fishing
year, and could delay issuance of 2024 Individual Transferable Quota
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 it contains no implementing regulations.
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: October 19, 2023.
Jonathan M. Kurland,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2023-23522 Filed 10-24-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 25, 2023.
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