Rule2026-00479
Atlantic Surfclam and Ocean Quahog Fisheries; 2026 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
January 13, 2026
Effective
January 13, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces that the quotas for the Atlantic surfclam and ocean quahog fisheries for 2026 will remain status quo. NMFS also suspends the minimum size limit for Atlantic surfclams for the 2026 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 2026 quotas were previously announced as projected values. This action confirms the final quotas are unchanged from those projections. This action continues to provide sustainable fishing opportunities to these fisheries.
Full Text
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<title>Federal Register, Volume 91 Issue 8 (Tuesday, January 13, 2026)</title>
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[Federal Register Volume 91, Number 8 (Tuesday, January 13, 2026)]
[Rules and Regulations]
[Pages 1255-1256]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00479]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 260108-0025; RTID 0648-XF259]
Atlantic Surfclam and Ocean Quahog Fisheries; 2026 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 2026 will remain status quo. NMFS also
suspends the minimum size limit for Atlantic surfclams for the 2026
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 2026 quotas were
previously announced as projected values. This action confirms the
final quotas are unchanged from those projections. This action
continues to provide sustainable fishing opportunities to these
fisheries.
DATES: Effective January 13, 2026, through December 31, 2026.
Applicable beginning January 1, 2026.
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 2025 meeting, the
Mid-Atlantic Fishery Management Council (Council) recommended no change
to the quota specifications for Atlantic surfclams and ocean quahogs
for the 2026 fishing year. We are announcing 2026 quota levels of 3.4
million bushels (bu) (181 million Liters (L)) for Atlantic surfclams,
5.36 million bu (285 million L) for ocean quahogs, and 100,000 Maine bu
(3.52 million L) for Maine ocean quahogs. These quotas were published
as projected 2026 limits in the Federal Register on May 13, 2021 (86 FR
26186). This rule establishes these quotas as unchanged from 2021 and
final.
In addition, 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 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 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 2025
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 2026 fishing year. Commercial
surfclam data for 2025 indicated that 10.5 percent of the overall
[[Page 1256]]
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, 2026).
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act. In a previous action taken pursuant to section
304(b), the FMP authorized NMFS to take this action pursuant to MSA
section 305(d). See 50 CFR 648.72. 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.
Similarly, the agency finds good cause to waive the 30-day delay in
effective date pursuant to 5 U.S.C. 553(d)(3). This rule is routine and
constitutes the implementation of a rule that has already received
notice and comment. 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 2026 specifications, which
remain unchanged. Delaying this action would prolong public uncertainty
about the final quotas for the 2026 fishing year and could delay
issuance of 2026 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.
This final rule is not an Executive Order 14192 regulatory action
because this action is not significant under 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: January 8, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2026-00479 Filed 1-12-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on January 13, 2026.
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