[Federal Register Volume 71, Number 209 (Monday, October 30, 2006)]
[Rules and Regulations]
[Page 63268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18201]



[[Page 63268]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 900124-0127; I.D. 101906A]


Fisheries of the Northeastern United States; Atlantic Surfclam 
and Ocean Quahog Fisheries; Suspension of Minimum Atlantic Surfclam 
Size Limit for Fishing Year 2007

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

ACTION: Temporary rule; suspension of the Atlantic surfclam minimum 
size limit.

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SUMMARY: NMFS suspends the minimum size limit of 4.75 inches (12.065 
cm) for Atlantic surfclams for the 2007 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, 2007, through December 31, 2007.

ADDRESSES: Written inquiries may be sent to Patricia A. Kurkul, 
Regional Administrator, National Marine Fisheries Service, Northeast 
Regional Office, One Blackburn Drive, Gloucester, MA 01930-2298.

FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Management 
Specialist, (978) 281-9273; fax (978) 281-9135.

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 biological sampling data indicate that 30 percent of the 
Atlantic surfclam resource is smaller than 4.75 inches (12.065 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 
for the applicable fishing year if the proportion of undersized 
surfclams is under 30 percent of the total surfclam landings.
    Commercial surfclam data for 2006 were analyzed to determine the 
percentage of surfclams that were smaller than the minimum size 
requirement. The analysis indicated that 4.80 percent of the overall 
commercial landings were composed of surfclams that were less than 4.75 
inches (12.065 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 through December 31, 2007, 
through this temporary rule.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator finds 
good cause to waive prior notice and opportunity for public comment as 
notice and comment would be unnecessary and contrary to the public 
interest. The surfclam minimum size has been suspended consistently for 
many consecutive years. The industry has repeatedly supported the 
timely suspension of the size limit, to coincide with the beginning of 
the fishing year on January 1st, because of the unnecessary costs 
involved with complying with the minimum size limit if this rule is 
delayed beyond that date. This action relieves a burden in that, minus 
this suspension, the catch of clams would have to be inspected on board 
a vessel in order to cull out clams that did not meet the minimum size 
limit. This would be difficult because of the current highly mechanized 
process that removes the clams from the dredge and transports them to 
the 32-bushel cages, which are then sent to the processing plant. Given 
poor weather conditions in the fall/early winter, delay of this action 
beyond January 1, 2007, could also make the culling process dangerous. 
Culling out small clams will also increase the time it takes for a 
vessel owner to harvest the allocation for which the vessel is fishing, 
potentially increasing fuel costs and other vessel operation expenses, 
as well as the fishing mortality on the stock. Pursuant to 5 U.S.C. 
553(d)(3), the Assistant Administrator finds good cause to waive the 
delayed effectiveness period for the reasons stated above. Delaying 
effectiveness of this rule would also promote confusion in the 
industry, which has not had to comply with a minimum size restriction 
for many years.
    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, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-18201 Filed 10-27-06; 8:45 am]
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