[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Rules and Regulations]
[Page 54757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25547]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070717342-7713-02]
RIN 0648-XS18


Fisheries of the Northeastern United States; Atlantic Surfclam 
and Ocean Quahog Fisheries; Suspension of Minimum Atlantic Surfclam 
Size Limit for Fishing Year 2010

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 for Atlantic surfclams 
for the 2010 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, 2010, through December 31, 2010.

ADDRESSES: Written inquiries may be sent to: Regional Administrator, 
National Marine Fisheries Service, Northeast Regional Office, 55 Great 
Republic Drive, Gloucester, MA 01930-2298.

FOR FURTHER INFORMATION CONTACT: Anna Macan, Fishery Management 
Specialist, (978) 281-9165; 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 authorizes 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 (120 mm) 
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 2009 meeting, the Mid-Atlantic Fishery Management 
Council voted to recommend that the Regional Administrator suspend the 
minimum size limit for the 2010 fishing year. In accordance with the 
provisions of the FMP, the Regional Administrator will publish the 
suspension of the surfclam minimum size if the proportion of undersized 
surfclams is under 30 percent of the total surfclam landings for each 
fishing year.
    Commercial surfclam data for 2009 were analyzed to determine the 
percentage of surfclams that were smaller than the minimum size 
requirement. The analysis indicated that 6.10 percent of the overall 
commercial landings were composed of surfclams that were less than 4.75 
inches (120 mm). 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, 2010.

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 19, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-25547 Filed 10-22-09; 8:45 am]
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