[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Rules and Regulations]
[Page 70751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25295]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 221115-0240]
RTID 0648-XC516


Atlantic Surfclam and Ocean Quahog Fisheries; 2023 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 2023 will remain status quo. NMFS also 
suspends the minimum size limit for Atlantic surfclams for the 2023 
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. The 2023 quotas were 
previously announced as projected values. This action confirms the 
final quotas are unchanged from those projections. This action would 
not result in harm to these fisheries.

DATES: Effective January 1, 2023, through December 31, 2023.

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 notice in the 
Federal Register of the upcoming year's quota, even if the quota 
remains unchanged from the previous year. At its June 2022 meeting, the 
Mid-Atlantic Fishery Management Council recommended no change to the 
quota specifications for Atlantic surfclams and ocean quahogs for the 
2023 fishing year. We are announcing 2023 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 
2023 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 surfclams 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. The default minimum size limit is intended to prevent the 
fishery from harvesting too many small clams that it could harm the 
overall population. The size limit is unnecessary if small clams are 
not a significant portion of overall catch. At its June 2022 meeting, 
the Council reviewed recent developments in the fishery and recommended 
the Regional Administrator once again suspend the minimum size limit 
for Atlantic surfclams for the 2023 fishing year. Commercial surfclam 
data for 2022 indicated that 27.6 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, 2023).

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. 
This rule is routine and formulaic. 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 
2023 specifications, which remain unchanged. Delaying this action would 
prolong public uncertainty about the final quotas for the 2023 fishing 
year, and could delay issuance of 2023 ITQ cage tags to quota 
shareholders. 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. Accordingly, no Regulatory Flexibility 
Analysis is required and none has been prepared.

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

    Dated: November 15, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-25295 Filed 11-18-22; 8:45 am]
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