[Federal Register Volume 61, Number 229 (Tuesday, November 26, 1996)]
[Rules and Regulations]
[Page 60044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30075]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 900124-0127; I.D. 111396D]


Fisheries of the Northeastern United States; Atlantic Surf Clam 
and Ocean Quahog Fisheries; Minimum Clam Size for 1997

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

ACTION: Suspension of surf clam minimum size limit.

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SUMMARY: NMFS announces that the minimum size limit of 4.75 inches 
(12.065 cm) for Atlantic surf clams is suspended for the 1997 fishing 
year. The intended effect is to relieve the industry from a regulatory 
burden that is not necessary, as the vast majority of surf clams 
harvested are larger than the minimum size limit.

EFFECTIVE DATE: January 1, 1997, through December 31, 1997.

FOR FURTHER INFORMATION CONTACT: David Gouveia, Fishery Management 
Specialist, 508-281-9280.

SUPPLEMENTARY INFORMATION: A final rule implementing Amendment 8 to the 
Fishery Management Plan for the Atlantic Surf Clam and Ocean Quahog 
Fishery (FMP) was published on June 14, 1990 (55 FR 24184). Section 
648.72(c) of the FMP allows the Regional Administrator, Northeast 
Region, NMFS, to suspend annually, by publication of an announcement in 
the Federal Register, the minimum size limit for Atlantic surf clams. 
This action may be taken unless discard, catch, and survey data 
indicate that 30 percent or more of the Atlantic surf clam resource is 
smaller than 4.75 inches (12.065 cm) and the overall reduced shell 
height is not attributable to beds where growth of the individual clams 
has been reduced because of density- dependent factors.
    At its September 1996 meeting, the Mid-Atlantic Fishery Management 
Council (Council) accepted the recommendations of its Statistical and 
Scientific Committee and Surf Clam/Ocean Quahog Committee and voted to 
recommend that the Regional Administrator suspend the minimum size 
limit for surf clams in 1997. Commercial surf clam shell length data 
for 1996 indicate that only 19.2 percent of the samples were composed 
of clams that were less than 4.75 inches (12.065 cm). Based on these 
data, the Regional Administrator adopts the Council's recommendation 
and publishes this announcement to suspend the minimum size limit for 
Atlantic surf clams for the period January 1, 1997, through December 
31, 1997.
    This action is authorized by 50 CFR part 648 and is exempt from 
review under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 20, 1996.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-30075 Filed 11-25-96; 8:45 am]
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