[Federal Register Volume 73, Number 196 (Wednesday, October 8, 2008)]
[Rules and Regulations]
[Pages 58898-58899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23874]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070717342-7713-02]
RIN 0648-XJ86


Fisheries of the Northeastern United States; Atlantic Surfclam 
and Ocean Quahog Fisheries; Suspension of Minimum Atlantic Surfclam 
Size Limit for Fishing Year 2009

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

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

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

SUMMARY: NMFS suspends the minimum size limit of 4.75 inches (120 mm) 
for Atlantic surfclams for the 2009 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, 2009, through December 31, 2009.

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

FOR FURTHER INFORMATION CONTACT: Edward Stern, Fishery Management 
Specialist, (978) 281-9177; 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 2008 meeting, the Mid-Atlantic Fishery Management 
Council voted to recommend that the Regional Administrator suspend the 
minimum size limit for the 2009 fishing year. 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 2008 were analyzed to determine the 
percentage of surfclams that were smaller than the minimum size 
requirement. The analysis indicated that 2.83-percent of the overall 
commercial landings were composed of surfclams

[[Page 58899]]

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 through 
December 31, 2009.

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 3, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-23874 Filed 10-7-08; 8:45 am]
BILLING CODE 3510-22-S