[Federal Register Volume 89, Number 212 (Friday, November 1, 2024)]
[Rules and Regulations]
[Pages 87309-87310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25412]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 241028-0280; RTID 0648-XE301]


Atlantic Surfclam and Ocean Quahog Fisheries; 2025 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 2025 will remain status quo. NMFS also 
suspends the minimum size limit for Atlantic surfclams for the 2025 
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 2025 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, 2025, through December 31, 2025.

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 August 2024 meeting, 
the Mid-Atlantic Fishery Management Council (Council) recommended no 
change to the quota specifications for Atlantic surfclams and ocean 
quahogs for the 2025 fishing year. We are announcing 2025 quota levels 
of 3.4 million bushels

[[Page 87310]]

(bu) (181 million L) for Atlantic surfclams, 5.36 million bu (285 
million L) for ocean quahogs, and 100,000 Maine bu (3.52 million L) for 
Maine ocean quahogs. These quotas were published as projected 2025 
limits in the Federal Register on May 13, 2021 (86 FR 26186). This rule 
establishes these quotas as unchanged from 2021 and final.
    In addition, 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 (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. The 
default minimum size limit is intended to prevent the fishery from 
harvesting too many small clams such 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 August 2024 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 2025 fishing year. Commercial surfclam data 
for 2024 indicated that 8.4 percent of the overall commercial landings 
were composed of surfclams that were less than the 4.75-inch (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, 2025).

Classification

    NMFS is issuing this rule pursuant to section 305(d) of the 
Magnuson-Stevens Act. In a previous action taken pursuant to section 
304(b), the FMP authorized NMFS to take this action pursuant to MSA 
section 305(d). See 50 CFR 648.72. 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 
2025 specifications, which remain unchanged. Delaying this action would 
prolong public uncertainty about the final quotas for the 2025 fishing 
year, and could delay issuance of 2025 Individual Transferable Quota 
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 it contains no implementing regulations.
    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: October 28, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-25412 Filed 10-31-24; 8:45 am]
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