[Federal Register Volume 70, Number 205 (Tuesday, October 25, 2005)]
[Rules and Regulations]
[Page 61577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21302]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 031015257-3308-02 ; I.D. 101705B]


Fisheries of the Northeastern United States; Atlantic Surfclam 
and Ocean Quahog Fisheries; Suspension of Minimum Atlantic Surfclam 
Size Limit for Fishing Year 2006

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

ACTION: Temporary rule; suspension of the Atlantic surfclam minimum 
size limit.

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SUMMARY: NMFS suspends the minimum size limit of 4.75 inches (120 mm) 
for Atlantic surfclams for the 2006 fishing year. This action is taken 
under the authority of the implementing regulations for this fishery, 
which allow for the annual suspension of the minimum size limit based 
upon set criteria. The intended effect is to relieve the industry from 
a regulatory burden that is not necessary, as the majority of surfclams 
harvested are larger than the minimum size limit.

DATES: Effective January 1, 2006, through December 31, 2006.

ADDRESSES: Written inquiries may be sent to Patricia A. Kurkul, 
Regional Administrator, National Marine Fisheries Service, Northeast 
Regional Office, One Blackburn Drive, Gloucester, MA 01930-2298.

FOR FURTHER INFORMATION CONTACT: Brian R. Hooker, Fishery Policy 
Analyst, (978) 281-9220; fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Section 648.72(c) of the regulations 
implementing the Fishery Management Plan (FMP) for the Atlantic 
Surfclam and Ocean Quahog Fisheries allows the Administrator, Northeast 
Region, NMFS (Regional Administrator) to suspend annually, by 
publication of a notification in the Federal Register, the minimum size 
limit for Atlantic surfclams. This action may be taken unless discard, 
catch, and biological sampling data indicate that 30 percent of the 
Atlantic surfclam resource is smaller than 4.75 inches (120 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 2004 meeting, the Mid-Atlantic Fishery Management 
Council (Council) voted to recommend that the Regional Administrator 
suspend the minimum size limit for the 2005, 2006, and 2007 fishing 
years. In accordance with the provisions of the FMP, the Regional 
Administrator will publish the suspension of the surfclam minimum size 
if the proportion of undersized surfclams is under 30 percent of the 
total surfclam landings for each fishing year.
    Commercial surfclam data for 2005 were analyzed to determine the 
percentage of surfclams that were smaller than the minimum size 
requirement. The analysis indicated that 6.8 percent of the overall 
commercial landings were composed of surfclams that were less than 4.75 
inches (120 mm). Based on these data, the Regional Administrator adopts 
the Council's recommendation and suspends the minimum size limit for 
Atlantic surfclams from January 1, 2006, through December 31, 2006.

Classification

    This action is authorized by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.Authority: 16 U.S.C. 1801 et seq.

    Dated: October 20, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-21302 Filed 10-24-05; 8:45 am]
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