[Federal Register Volume 68, Number 212 (Monday, November 3, 2003)]
[Rules and Regulations]
[Page 62250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27514]



[[Page 62250]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 101603C]


Fisheries of the Northeastern United States; Atlantic Surfclam 
and Ocean Quahog Fishery; Suspension of Minimum Surfclam Size for 2004

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

ACTION: Notice of suspension of surfclam minimum size limit.

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SUMMARY: NMFS suspends the minimum size limit of 4.75 inches (12.07 cm) 
for Atlantic surfclams for the 2004 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 surfclams 
harvested are larger than the minimum size limit.

DATES: Effective January 1, 2004, through December 31, 2004.

FOR FURTHER INFORMATION CONTACT: Heather L. Sagar, Fishery Management 
Specialist, 978-281-9341.

SUPPLEMENTARY INFORMATION: Section 648.72(c) of the regulations 
implementing the Fishery Management Plan (FMP) for the Atlantic 
Surfclam 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 surfclams. This action may be taken unless discard, 
catch, and survey data indicate that 30 percent of the Atlantic 
surfclam 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 June 2003, meeting, the Mid-Atlantic Fishery Management 
Council (Council) voted to recommend that the Regional Administrator 
suspend the minimum size limit. Commercial surfclam shell length data 
for 2003 were analyzed to determine the percentage of surfclams landed 
that were smaller than the minimum size requirement. The analysis 
indicated that 1.2 percent of the samples taken overall were composed 
of surfclams 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 surfclams from January 
1, 2004, through December 31, 2004.

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 27, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-27514 Filed 10-31-03; 8:45 am]
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