[Federal Register: December 9, 2002 (Volume 67, Number 236)]
[Rules and Regulations]               
[Page 72867-72868]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de02-9]                         


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DEPARTMENT OF COMMERCE


National Oceanic and Atmospheric Administration


50 CFR Part 648


[I.D. 112602A]


 
Fisheries of the Northeastern United States; Atlantic Surf Clam 
and Ocean Quahog Fishery; Suspension of Minimum Surf Clam Size for 2003


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


ACTION: Notice of suspension of surf clam minimum size limit.


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SUMMARY: NMFS suspends the minimum size limit of 4.75 inches (12.07 cm) 
for Atlantic surf clams for the 2003 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 surf 
clams harvested are larger than the minimum size limit.


DATES: Effective January 1, 2003, through December 31, 2003.


FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery 
Management Specialist, 978-281-9141.


SUPPLEMENTARY INFORMATION: Section 648.72(c) of the regulations 
implementing the Fishery Management Plan (FMP) for the Atlantic Surf 
Clam 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 surf clams. This action may be taken unless discard, 
catch, and survey data indicate that 30 percent of the Atlantic surf 
clam resource is smaller than 4.75 inches (12.07 cm) 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 2002, meeting, the Mid-Atlantic Fishery Management 
Council (Council) voted to recommend that the Regional Administrator 
suspend the minimum size limit. Commercial surf clam shell length data 
for 2002 were analyzed to determine the percentage of surfclams landed 
that were smaller than the minimum size requirement. The analysis 
indicated that 14 percent of the samples taken overall were composed of 
surf clams that were less than 4.75 inches (12.07 cm). Based on these 
data, the Regional Administrator adopts the


[[Page 72868]]


Council's recommendation and suspends the minimum size limit for 
Atlantic surf clams from January 1, 2003, through December 31, 2003.


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: December 3, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-31028 Filed 12-6-02; 8:45 am]

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