[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Rules and Regulations]
[Page 61714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24390]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 211103-0223; RTID 0648-XX074]


Atlantic Surfclam and Ocean Quahog Fisheries; 2022 Fishing Quotas 
for Atlantic Surfclams and Ocean Quahogs; and Suspension of Atlantic 
Surfclam Minimum Size Limit

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

ACTION: Final rule.

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SUMMARY: NMFS announces that the quotas for the Atlantic surfclam and 
ocean quahog fisheries for 2022 will remain status quo. NMFS also 
suspends the minimum size limit for Atlantic surfclams for the 2022 
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 even if the previous 
year's quota specifications remain unchanged.

DATES: Effective January 1, 2022, through December 31, 2022.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
978-281-9341.

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 June 2021 meeting, the 
Mid-Atlantic Fishery Management Council recommended no change to the 
quota specifications for Atlantic surfclams and ocean quahogs for the 
2022 fishing year. We are announcing 2022 quota levels of 3.4 million 
bushels (bu) (181 million L) for Atlantic surfclams, 5.36 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 
2022 limits in the Federal Register on May 13, 2021 (86 FR 26186). This 
rule establishes these quotas as unchanged from 2021 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 (in) (121 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. At its June 2021 meeting, the Council recommended 
the Regional Administrator suspend the minimum size limit for Atlantic 
surfclams for the 2022 fishing year. Commercial surfclam data for 2021 
indicated that 16.9 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 for the upcoming fishing year 
(January 1 through December 31, 2022).

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.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be unnecessary and contrary to the public interest. 
The public was given the opportunity to comment on the proposed rule 
for the 2021-2026 specifications (86 FR 9901, February 17, 2021), 
including the projected 2022 specifications, which remain unchanged. 
Delaying this action would prolong public uncertainty about the final 
quotas for the 2022 fishing year. The public and industry participants 
expect this action because we previously alerted the public that we 
would conduct this review in interim years of the multi-year 
specifications and announce the final quotas before or as close as 
possible to the January 1 start of the fishing year. This rule could 
not be published earlier because of the time necessary to collect data 
and conduct the analysis to support suspending the minimum size limit 
for Atlantic surfclams.
    This rule is exempt from the requirements of Executive Order 12866.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.

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

    Dated: November 3, 2021.
Carrie Robinson,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2021-24390 Filed 11-5-21; 8:45 am]
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