[Federal Register Volume 66, Number 210 (Tuesday, October 30, 2001)]
[Rules and Regulations]
[Pages 54723-54724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27312]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 102201F]


Fisheries of the Northeastern United States; Atlantic Surf Clam 
and Ocean Quahog Fishery; Suspension of Minimum Surf Clam Size for 2002

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

ACTION: Suspension of surf clam minimum size limit.

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SUMMARY: NMFS suspends the minimum size limit of 4.75 inches (12.07 cm) 
for Atlantic surf clams for the 2002 fishing year. This action is taken 
under the authority of the implementing regulations for this fishery, 
which allow for the annual suspension of the minimum size limit based 
upon set criteria. The intended effect is to relieve the industry from 
a regulatory burden that is not necessary, as the majority of surf 
clams harvested are larger than the minimum size limit.

DATES: Effective January 1, 2002, through December 31, 2002.

FOR FURTHER INFORMATION CONTACT: Walter J. Gardiner, Fishery Management 
Specialist, 978-281-9326.

SUPPLEMENTARY INFORMATION: Section 648.72(c) of the regulations 
implementing the Fishery Management Plan (FMP) for the Atlantic Surf 
Clam and Ocean Quahog Fisheries allows the Administrator, Northeast 
Region, NMFS (Regional Administrator) to suspend annually, by 
publication of a notification 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 of the Atlantic surf 
clam resource is smaller than 4.75 inches (12.07 cm) 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 July 2001, meeting, the Mid-Atlantic Fishery Management 
Council (Council) voted to recommend that the

[[Page 54724]]

Regional Administrator suspend the minimum size limit. Commercial surf 
clam shell length data for 2001 was analyzed using modified procedures 
from what was used in 1999 and 2000. The analysis indicated that 
between 2.1 to 22.2 percent of the samples taken overall were composed 
of surf clams that were less than 4.75 inches (12.07 cm). Based on 
these data, the Regional Administrator adopts the Council's 
recommendation and suspends the minimum size limit for Atlantic surf 
clams from January 1, 2002, through December 31, 2002.

Classification

    This action is authorized by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.

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

    Dated: October 24, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-27312 Filed 10-29-01; 8:45 am]
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