[Federal Register Volume 69, Number 192 (Tuesday, October 5, 2004)]
[Rules and Regulations]
[Page 59550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22342]



[[Page 59550]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 031015257-3308-02 ; I.D. 092804B]


Fisheries of the Northeastern United States; Atlantic Surfclam 
and Ocean Quahog Fishery; Suspension of Minimum Surfclam Size for 2005

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 2005 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, 2005, through December 31, 2005.

FOR FURTHER INFORMATION CONTACT: Brian R. Hooker, Policy Analyst, 978-
281-9220.

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 2004, meeting, the Mid-Atlantic Fishery Management 
Council (Council) voted to recommend that the Regional Administrator 
suspend the minimum size limit for the 2005, 2006, and 2007 fishing 
years. In accordance with the provisions of the FMP the Regional 
Administrator will publish the suspension of the surfclam minimum size 
annually for fishing years 2005-2007 if the proportion of undersized 
surfclams is under 30 percent of the total surfclam landings for each 
fishing year. The Council will also continue to review these 
specifications annually and may modify these specifications, if 
necessary. Commercial surfclam shell length data for 2004 were analyzed 
to determine the percentage of surfclams landed that were smaller than 
the minimum size requirement. The analysis indicated that 0.7 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, 2005, through 
December 31, 2005.

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: September 28, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-22342 Filed 10-4-04; 8:45 am]
BILLING CODE 3510-22-S