[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8199-8200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02533]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200204-0043]
RIN 0648-XX032


Atlantic Surfclam and Ocean Quahog Fisheries; 2020 Fishing Quotas 
for Atlantic Surfclams and Ocean Quahogs; and Suspension of Minimum 
Atlantic Surfclam Size Limit

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the quotas for the Atlantic surfclam and 
ocean quahog fisheries for 2020 will remain status quo. NMFS also 
suspends the minimum size limit for Atlantic surfclams for the 2020 
fishing year. Regulations for these fisheries require NMFS to notify 
the public of the allowable harvest levels for Atlantic surfclams and 
ocean quahogs from the Exclusive Economic Zone if the previous year's 
quota specifications remain unchanged.

DATES: Effective January 1, 2020, through December 31, 2020.

FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management 
Specialist, 978-281-9225.

SUPPLEMENTARY INFORMATION: The Atlantic Surfclam and Ocean Quahog 
Fishery Management Plan (FMP) requires that NMFS issue a notice in the 
Federal Register of the upcoming year's quota, even if the quota 
remains unchanged from the previous year. At its April 2019 meeting, 
the Mid-Atlantic Fishery Management Council approved changes to the 
overfishing limits (OFL) for the 2019 and 2020 fishing years. The OFL 
for the 2020 fishing year is 74,110 mt. The annual catch targets and 
commercial quota remain unchanged by the modification to the OFL. At 
its June 2019 meeting, the Council recommended no change to the quota 
specifications for Atlantic surfclams and ocean quahogs for the 2020 
fishing year. We are announcing 2020 quota levels of 3.4 million 
bushels (bu) (181 million L) for Atlantic surfclams, 5.33 million bu 
(288 million L) for ocean quahogs, and 100,000 Maine bu (3.52 million 
L) for Maine ocean quahogs. These quotas were published as projected 
2020 limits in the Federal Register on February 6, 2018 (83 FR 5212). 
This rule establishes

[[Page 8200]]

these quotas as unchanged from 2019 and final.
    The regulations at 50 CFR 648.75(b)(3) allow the Regional 
Administrator, to annually suspend, the minimum size limit for Atlantic 
surfclams unless discard, catch, and biological sampling data indicate 
that 30 percent or more of the Atlantic surfclam resource have a shell 
length less than 4.75 inches (121 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 2019 meeting, the Council recommended the Regional Administrator 
suspend the minimum size limit for Atlantic surfclams for the 2020 
fishing year. Commercial surfclam data for 2019 indicated that 22 
percent of the overall commercial landings were composed of surfclams 
that were less than the 4.75-in (121-mm) default minimum size.
    Based on the information available, the Regional Administrator 
concurs with the Council's recommendation, and is suspending the 
minimum size limit for Atlantic surfclams in the upcoming fishing year 
(January 1 through December 31, 2020).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator for Fisheries, NOAA, has determined that this 
rule is consistent with the Atlantic Surfclam and Ocean Quahog FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law.
    This action does not introduce any new reporting, recordkeeping, or 
other compliance requirements. This rule does not duplicate, overlap, 
or conflict with other Federal rules.
    This rule is exempt from the requirements of E.O. 12866.
    This rule is not expected to be an E.O. 13771 regulatory action 
because this rule is not significant under E.O. 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

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

    Dated: February 4, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-02533 Filed 2-12-20; 8:45 am]
 BILLING CODE 3510-22-P