[Federal Register Volume 86, Number 91 (Thursday, May 13, 2021)]
[Rules and Regulations]
[Pages 26186-26188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09955]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 210505-0100; RTID 0648-XX065]


Fisheries of the Northeastern United States; Atlantic Surfclam 
and Ocean Quahog Fisheries; Final 2021 and Projected 2022-2026 Fishing 
Quotas

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

ACTION: Final rule.

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

SUMMARY: This final rule implements status quo commercial quotas for 
the Atlantic surfclam and ocean quahog fisheries for 2021 and projected 
status quo quotas for 2022-2026. This action is necessary to establish 
allowable harvest levels of Atlantic surfclams and ocean quahogs that 
will prevent overfishing and allow harvesting of optimum yield. This 
action also continues to suspend the minimum shell size for Atlantic 
surfclams for the 2021 fishing year. The intended effect of this action 
is to provide benefit to the industry from stable quotas to maintain a 
consistent market.

DATES: This rule is effective June 14, 2021, through December 31, 2021.

ADDRESSES: Copies of the environmental assessment (EA) are available on 
request from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic 
Fishery Management Council, Suite 201, 800 North State Street, Dover, 
DE 19901. These documents are also accessible via the internet at 
http://www.mafmc.org.

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

SUPPLEMENTARY INFORMATION: In August 2020, the Mid-Atlantic Fishery 
Management Council voted to maintain status quo quota levels of 5.36 
million bushels (bu) (285 million liters (L)) for the ocean quahog 
fishery, 3.40 million bu (181 million L) for the Atlantic surfclam 
fishery, and 100,000 Maine bu (3.52 million L) for the Maine ocean 
quahog fishery for 2021-2026. The Council recommended that 
specifications be set for 2021 and proposed for years 2022-2026 to 
create administrative efficiencies as a result of the new stock 
assessment process, which is expected to assess surfclam and ocean 
quahog on a 4- and 6-year cycle, respectively. On February 17, 2021, 
NMFS published a proposed rule (86 FR 9901) soliciting public comment 
on the proposed specifications with a comment period through March 4, 
2021. Four comments were received and are discussed below. Additional 
detail on the Council's recommendations and background on the surfclam 
and ocean quahog specifications are provided in the proposed rule and 
not repeated here.

2021 and Projected 2022-2026 Specifications

    Final 2021 and projected quotas for the 2022-2026 Atlantic surfclam 
and ocean quahog fishery are shown in Tables 1 and 2.

                                  Table 1--Atlantic Surfclam Measures 2021-2026
                                              [2022-2026 Projected]
----------------------------------------------------------------------------------------------------------------
                                                Atlantic Surfclam
-----------------------------------------------------------------------------------------------------------------
                                        Allowable
                Year                   biological     Annual  catch   Annual  catch        Commercial quota
                                       catch  (mt)     limit  (mt)    target  (mt)
----------------------------------------------------------------------------------------------------------------
2021...............................          47,919          47,919          29,363  3.4 million bushels (181
                                                                                      million L).
2022...............................          44,522          44,522          29,363  3.4 million bushels (181
                                                                                      million L).
2023...............................          42,237          42,237          29,363  3.4 million bushels (181
                                                                                      million L).
2024...............................          40,946          40,946          29,363  3.4 million bushels (181
                                                                                      million L).
2025...............................          40,345          40,345          29,363  3.4 million bushels (181
                                                                                      million L).
2026...............................          40,264          40,264          29,363  3.4 million bushels (181
                                                                                      million L).
----------------------------------------------------------------------------------------------------------------


[[Page 26187]]


                                    Table 2--Ocean Quahog Measures 2021-2026
                                              [2022-2026 Projected]
----------------------------------------------------------------------------------------------------------------
                                                  Ocean Quahog
-----------------------------------------------------------------------------------------------------------------
                                        Allowable
                Year                   biological     Annual  catch   Annual  catch        Commercial quota
                                       catch  (mt)     limit  (mt)    target  (mt)
----------------------------------------------------------------------------------------------------------------
2021...............................          44,031          44,031          25,924  Maine quota: 100,000 Maine
                                                                                      bu (3.52 million L); Non-
                                                                                      Maine quota: 5.36 million
                                                                                      bu (285 million L).
2022...............................          44,072          44,072          25,924  Maine quota: 100,000 Maine
                                                                                      bu (3.52 million L); Non-
                                                                                      Maine quota: 5.36 million
                                                                                      bu (285 million L).
2023...............................          44,082          44,082          25,924  Maine quota: 100,000 Maine
                                                                                      bu (3.52 million L); Non-
                                                                                      Maine quota: 5.36 million
                                                                                      bu (285 million L).
2024...............................          44,065          44,065          25,924  Maine quota: 100,000 Maine
                                                                                      bu (3.52 million L); Non-
                                                                                      Maine quota: 5.36 million
                                                                                      bu (285 million L).
2025...............................          44,020          44,020          25,924  Maine quota: 100,000 Maine
                                                                                      bu (3.52 million L); Non-
                                                                                      Maine quota: 5.36 million
                                                                                      bu (285 million L).
2026...............................          43,948          43,948          25,924  Maine quota: 100,000 Maine
                                                                                      bu (3.52 million L); Non-
                                                                                      Maine quota: 5.36 million
                                                                                      bu (285 million L).
----------------------------------------------------------------------------------------------------------------

    The Atlantic surfclam and ocean quahog quotas are specified in 
``industry'' bushels of 1.88 cubic feet (ft\3\) (53.24 L) per bushel, 
while the Maine ocean quahog quota is specified in Maine bushels of 
1.24 ft\3\ (35.24 L) per bushel. Because Maine ocean quahogs are the 
same species as ocean quahogs, both fisheries are assessed under the 
same overfishing definition. When the two quota amounts (ocean quahog 
and Maine ocean quahog) are added, the total allowable harvest is below 
the level that would result in overfishing for the entire stock. The 
2021-2026 quotas are the same as those implemented in the 2018-2020 
specifications.

Surfclam

    The 2021-2026 surfclam quotas were developed after reviewing the 
results of the management track stock assessment for Atlantic surfclam, 
conducted in June 2020. The surfclam quota recommendation is consistent 
with the assessment finding that the Atlantic surfclam stock is not 
overfished and overfishing is not occurring. This rule maintains the 
status quo surfclam quota of 3.40 million bu (181 million L) for 2021 
and projects the same quota for 2022-2026 (see Table 1).

Ocean Quahog

    As with surfclams, the 2021-2026 ocean quahog quotas were developed 
after reviewing the results of the management track stock assessment 
for ocean quahogs, conducted in June 2020. The ocean quahog quota is 
consistent with the assessment finding that the ocean quahog stock is 
not overfished and overfishing is not occurring. This rule maintains 
the status quo quota of 5.36 million bu (285 million L) and status quo 
level of 100,000 Maine bu (3.52 million L), which represents the 
maximum allowable quota under the Fishery Management Plan (FMP) and 
projects the same quotas for 2022-2026 (see Table 2).

Surfclam Minimum Size

    In August 2020, the Council voted to recommend that the minimum 
size limit for surfclams continue to be suspended for 2021-2026. The 
minimum size limit has been suspended annually since 2005. Minimum size 
suspension may not be taken unless discard, catch, and biological 
sampling data indicate that no more than 30 percent of the Atlantic 
surfclam resource have a shell length less than 4.75 inches (120 
millimeters (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. We will review the available data 
annually to determine if the necessary conditions have been met to 
suspend the minimum size.
    Commercial surfclam data for 2020 were analyzed to determine the 
percentage of surfclams that were smaller than the minimum size 
requirement. The analysis indicated that 11 percent of the overall 
commercial landings, to date, were composed of surfclams that were less 
than the 4.75-inch (120-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, 2021).

Comments

    On February 17, 2021, we published a proposed rule (86 FR 9901) 
soliciting public comment on the proposed specifications. We received 
four comments during the 15-day public comment period that closed on 
March 4, 2021. Two commenters from the public and one comment from 
industry were in support of the specifications. One commenter was 
against the specifications, stating that quotas should be cut by 50 
percent since overfishing is occurring, however, overfishing is not 
occurring and the fishery is not overfished. No changes to the proposed 
specifications were made in response to the comments.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the Atlantic Surfclam and Ocean Quahog FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law.
    The Council prepared an EA for this FMP, and the NMFS Assistant 
Administrator concluded that there will be no significant impact on the 
human environment as a result of this rule. The management measures are 
status quo from the 2018-2020 specifications. A copy of the EA is 
available from the Council (see ADDRESSES).
    This final rule is exempt from review under Executive Order 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 the

[[Page 26188]]

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.
    This rule contains no information collection requirements under the 
Paperwork Reduction Act of 1995.

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

    Dated: May 6, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-09955 Filed 5-12-21; 8:45 am]
BILLING CODE 3510-22-P