83_FR_55856 83 FR 55640 - Atlantic Surfclam and Ocean Quahog Fisheries; 2019 Fishing Quotas for Atlantic Surfclams and Ocean Quahogs; and Suspension of Minimum Atlantic Surfclam Size Limit

83 FR 55640 - Atlantic Surfclam and Ocean Quahog Fisheries; 2019 Fishing Quotas for Atlantic Surfclams and Ocean Quahogs; and Suspension of Minimum Atlantic Surfclam Size Limit

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 216 (November 7, 2018)

Page Range55640-55641
FR Document2018-24368

NMFS suspends the minimum size limit for Atlantic surfclams for the 2019 fishing year. NMFS also announces that the quotas for the Atlantic surfclam and ocean quahog fisheries for 2019 will remain status quo. Regulations governing these fisheries require NMFS to notify the public of the allowable harvest levels for Atlantic surfclams and ocean quahogs from the Exclusive Economic Zone if the previous year's quota specifications remain unchanged.

Federal Register, Volume 83 Issue 216 (Wednesday, November 7, 2018)
[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Rules and Regulations]
[Pages 55640-55641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24368]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 900124-0127]
RIN 0648-XG418


Atlantic Surfclam and Ocean Quahog Fisheries; 2019 Fishing Quotas 
for Atlantic Surfclams and Ocean Quahogs; and Suspension of Minimum 
Atlantic Surfclam Size Limit

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

ACTION: Temporary rule.

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SUMMARY: NMFS suspends the minimum size limit for Atlantic surfclams 
for the 2019 fishing year. NMFS also announces that the quotas for the 
Atlantic surfclam and ocean quahog fisheries for 2019 will remain 
status quo. Regulations governing these fisheries require NMFS to 
notify the public of the allowable harvest levels for Atlantic 
surfclams and ocean quahogs from the Exclusive Economic Zone if the 
previous year's quota specifications remain unchanged.

DATES: Effective January 1, 2019, through December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
978-281-9341.

SUPPLEMENTARY INFORMATION: The regulations implementing the Atlantic 
Surfclam and Ocean Quahog Fishery Management Plan (FMP) at 50 CFR 
648.75(b)(3) authorize the Administrator, Greater Atlantic Region, NMFS 
(Regional Administrator), to suspend annually, by publication 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 or more of the Atlantic surfclam resource have 
a shell length less 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 2018 meeting, the Mid-Atlantic Fishery Management Council 
recommended the Regional Administrator suspend the minimum size limit 
for Atlantic surfclams for the 2019 fishing year. Commercial surfclam 
data for 2018 were analyzed to determine the percentage of surfclams 
that were smaller than the minimum size requirement. The analysis 
indicated that 20.2 percent of the overall commercial landings were 
composed of surfclams that were less than the 4.75-in (120-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 in the upcoming fishing year 
(January 1 through December 31, 2019).
    The Atlantic Surfclam and Ocean Quahog FMP requires that NMFS issue 
a notice in the Federal Register of the upcoming year's quota, even in 
cases where the quota remains unchanged from the previous year. At its 
June 2018 meeting, the Council recommended no change to the quota 
specifications for Atlantic surfclams and ocean quahogs for the 2019 
fishing year. As a result, we are announcing that the 2018 quota levels 
of 3.4 million bu (181 million L) for Atlantic surfclams, 5.33 million 
bu (288 million L) for ocean quahogs, and 100,000 Maine bu (3.52 
million L) for Maine ocean quahogs, as announced in

[[Page 55641]]

the Federal Register on February 6, 2018 (83 FR 5212), remain effective 
for the 2019 fishing year.

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: November 2, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-24368 Filed 11-6-18; 8:45 am]
 BILLING CODE 3510-22-P



                                           55640            Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations

                                           and ‘‘no sale’’ provisions apply                         upward to 45 would result in minimal                  status quo. Regulations governing these
                                           (§ 635.22(a) and (c)); or if the vessel                  risks of exceeding the aggregated LCS                 fisheries require NMFS to notify the
                                           possesses a valid shark research permit                  and hammerhead shark quotas in the                    public of the allowable harvest levels for
                                           under § 635.32 and a NMFS-approved                       Atlantic region based on our                          Atlantic surfclams and ocean quahogs
                                           observer is onboard, in which case the                   consideration of previous years’ data, in             from the Exclusive Economic Zone if
                                           restrictions noted on the shark research                 which the fisheries have opened in July.              the previous year’s quota specifications
                                           permit apply.                                            With quota available and with no                      remain unchanged.
                                              All other retention limits and shark                  measurable impacts to the stocks                      DATES: Effective January 1, 2019,
                                           fisheries in the Atlantic region remain                  expected, it would be contrary to the                 through December 31, 2019.
                                           unchanged. This retention limit will                     public interest to require vessels to wait            FOR FURTHER INFORMATION CONTACT:
                                           remain at 45 LCS other than sandbar                      to harvest the sharks otherwise                       Douglas Potts, Fishery Policy Analyst,
                                           sharks per vessel per trip for the rest of               allowable through this action.                        978–281–9341.
                                           the 2018 fishing season, or until NMFS                   Therefore, the AA finds good cause                    SUPPLEMENTARY INFORMATION: The
                                           announces via a notice in the Federal                    under 5 U.S.C. 553(b)(B) to waive prior
                                           Register another adjustment to the                                                                             regulations implementing the Atlantic
                                                                                                    notice and the opportunity for public                 Surfclam and Ocean Quahog Fishery
                                           retention limit or a fishery closure, if                 comment. Adjustment of the LCS
                                           warranted.                                                                                                     Management Plan (FMP) at 50 CFR
                                                                                                    commercial retention limit in the                     648.75(b)(3) authorize the
                                           Classification                                           Atlantic region is effective November 6,              Administrator, Greater Atlantic Region,
                                                                                                    2018, to minimize any unnecessary                     NMFS (Regional Administrator), to
                                              The Assistant Administrator for                       disruption in fishing patterns and to
                                           NMFS (AA) finds that it is impracticable                                                                       suspend annually, by publication in the
                                                                                                    allow fishermen to benefit from the                   Federal Register, the minimum size
                                           and contrary to the public interest to                   adjustment. Foregoing opportunities to
                                           provide prior notice of, and an                                                                                limit for Atlantic surfclams. This action
                                                                                                    harvest the respective quotas could have              may be taken unless discard, catch, and
                                           opportunity for public comment on, this                  negative social and economic impacts
                                           action for the following reasons:                                                                              biological sampling data indicate that 30
                                                                                                    for U.S. fishermen that depend upon                   percent or more of the Atlantic surfclam
                                              Prior notice is impracticable because
                                                                                                    catching the available quotas. Therefore,             resource have a shell length less than
                                           the regulatory criteria for inseason
                                           retention limit adjustments are intended                 the AA finds there is also good cause                 4.75 inches (120 mm), and the overall
                                           to allow the agency to respond quickly                   under 5 U.S.C. 553(d)(3) to waive the                 reduced size is not attributable to
                                           to existing management considerations,                   30-day delay in effectiveness.                        harvest from beds where growth of the
                                                                                                       This action is being taken under
                                           including remaining available shark                                                                            individual clams has been reduced
                                                                                                    § 635.24(a)(2) and is exempt from
                                           quotas, estimated dates for the fishery                                                                        because of density-dependent factors. At
                                                                                                    review under Executive Order 12866.
                                           closures, the regional variations in the                                                                       its June 2018 meeting, the Mid-Atlantic
                                           shark fisheries, and equitable fishing                     Authority: 16 U.S.C. 1801 et seq.                   Fishery Management Council
                                           opportunities. Additionally, regulations                   Dated: November 1, 2018.                            recommended the Regional
                                           implementing Amendment 6 of the 2006                     Karen H. Abrams,                                      Administrator suspend the minimum
                                           Atlantic Consolidated HMS FMP (80 FR                     Acting Director, Office of Sustainable                size limit for Atlantic surfclams for the
                                           50074, August 18, 2015) intended that                    Fisheries, National Marine Fisheries Service.         2019 fishing year. Commercial surfclam
                                           the LCS retention limit could be                         [FR Doc. 2018–24274 Filed 11–6–18; 8:45 am]           data for 2018 were analyzed to
                                           adjusted quickly throughout the fishing                  BILLING CODE 3510–22–P
                                                                                                                                                          determine the percentage of surfclams
                                           season to provide management                                                                                   that were smaller than the minimum
                                           flexibility for the shark fisheries and                                                                        size requirement. The analysis indicated
                                           provide equitable fishing opportunities                  DEPARTMENT OF COMMERCE                                that 20.2 percent of the overall
                                           to fishermen throughout a region. Based                                                                        commercial landings were composed of
                                           on available shark quotas and informed                   National Oceanic and Atmospheric                      surfclams that were less than the 4.75-
                                           by shark landings in previous seasons,                   Administration                                        in (120-mm) default minimum size.
                                           responsive adjustment to the LCS                                                                                  Based on the information available,
                                           commercial retention limit from the                      50 CFR Part 648                                       the Regional Administrator concurs
                                           incidental level is warranted as quickly                 [Docket No. 900124–0127]
                                                                                                                                                          with the Council’s recommendation,
                                           as possible to allow fishermen to take                                                                         and is suspending the minimum size
                                           advantage of available quotas while                      RIN 0648–XG418                                        limit for Atlantic surfclams in the
                                           sharks are present in their region. For                                                                        upcoming fishing year (January 1
                                           such adjustment to be practicable, it                    Atlantic Surfclam and Ocean Quahog                    through December 31, 2019).
                                           must occur in a timeframe that allows                    Fisheries; 2019 Fishing Quotas for                       The Atlantic Surfclam and Ocean
                                           fishermen to take advantage of it.                       Atlantic Surfclams and Ocean                          Quahog FMP requires that NMFS issue
                                              Adjustment of the LCS fisheries                       Quahogs; and Suspension of Minimum                    a notice in the Federal Register of the
                                           retention limit in the Atlantic region                   Atlantic Surfclam Size Limit                          upcoming year’s quota, even in cases
                                           will begin on November 6, 2018. Prior                    AGENCY:  National Marine Fisheries                    where the quota remains unchanged
                                           notice would result in delays in                         Service (NMFS), National Oceanic and                  from the previous year. At its June 2018
                                           increasing the retention limit and would                 Atmospheric Administration (NOAA),                    meeting, the Council recommended no
                                           adversely affect those shark fishermen                   Commerce.                                             change to the quota specifications for
                                           that would otherwise have an                             ACTION: Temporary rule.
                                                                                                                                                          Atlantic surfclams and ocean quahogs
                                           opportunity to harvest more than the                                                                           for the 2019 fishing year. As a result, we
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                                           current retention limit of 36 LCS other                  SUMMARY:   NMFS suspends the                          are announcing that the 2018 quota
                                           than sandbar sharks per vessel per trip                  minimum size limit for Atlantic                       levels of 3.4 million bu (181 million L)
                                           and could result in low catch rates and                  surfclams for the 2019 fishing year.                  for Atlantic surfclams, 5.33 million bu
                                           underutilized quotas. Analysis of                        NMFS also announces that the quotas                   (288 million L) for ocean quahogs, and
                                           available data shows that adjustment of                  for the Atlantic surfclam and ocean                   100,000 Maine bu (3.52 million L) for
                                           the LCS commercial retention limit                       quahog fisheries for 2019 will remain                 Maine ocean quahogs, as announced in


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                                                            Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations                                       55641

                                           the Federal Register on February 6,                      808–522–8220, fax 808–522–8226, or                    DEPARTMENT OF COMMERCE
                                           2018 (83 FR 5212), remain effective for                  http://www.wpcouncil.org.
                                           the 2019 fishing year.                                                                                         National Oceanic and Atmospheric
                                                                                                    FOR FURTHER INFORMATION CONTACT:                      Administration
                                           Classification                                           Rebecca Walker, NMFS PIRO
                                             This action is authorized by 50 CFR                    Sustainable Fisheries, 808–725–5184.                  50 CFR Part 679
                                           part 648 and is exempt from review                       SUPPLEMENTARY INFORMATION:      In a final
                                           under Executive Order 12866.                                                                                   [Docket No. 170817779–8161–02]
                                                                                                    rule published on October 23, 2018,
                                              Authority: 16 U.S.C. 1801 et seq.                     NMFS specified a 2018 limit of 2,000 t                RIN 0648–XG116
                                             Dated: November 2, 2018.                               of longline-caught bigeye tuna for the
                                                                                                    U.S. Pacific Island territories of                    Fisheries of the Exclusive Economic
                                           Karen H. Abrams,
                                                                                                    American Samoa, Guam, and the CNMI                    Zone Off Alaska; Pacific Ocean Perch
                                           Acting Director, Office of Sustainable
                                                                                                    (83 FR 53399). NMFS allows each                       in the Bering Sea and Aleutian Islands
                                           Fisheries, National Marine Fisheries Service.
                                                                                                    territory to allocate up to 1,000 t of the            Management Area
                                           [FR Doc. 2018–24368 Filed 11–6–18; 8:45 am]
                                           BILLING CODE 3510–22–P                                   2,000 t limit to U.S. longline fishing                AGENCY:  National Marine Fisheries
                                                                                                    vessels identified in a valid specified               Service (NMFS), National Oceanic and
                                                                                                    fishing agreement.                                    Atmospheric Administration (NOAA),
                                           DEPARTMENT OF COMMERCE                                      On October 22, 2018, NMFS received                 Commerce.
                                                                                                    from the Council a specified fishing                  ACTION: Temporary rule; closure.
                                           National Oceanic and Atmospheric
                                           Administration                                           agreement between the CNMI and Quota
                                                                                                    Management, Inc. (QMI). The Council’s                 SUMMARY:   NMFS is prohibiting directed
                                                                                                    Executive Director advised that the                   fishing for Pacific ocean perch in the
                                           50 CFR Part 665                                                                                                Eastern Aleutian district (EAI) of the
                                                                                                    specified fishing agreement was
                                           RIN 0648–XG025                                                                                                 Bering Sea and Aleutian Islands
                                                                                                    consistent with the criteria set forth in
                                                                                                                                                          management area (BSAI) by vessels
                                           Pacific Island Pelagic Fisheries; 2018                   50 CFR 665.819(c)(1). NMFS reviewed                   participating in the BSAI trawl limited
                                           U.S. Territorial Longline Bigeye Tuna                    the agreement and determined that it is               access fishery. This action is necessary
                                           Catch Limits for the Commonwealth of                     consistent with the Pelagic FEP, the                  to prevent exceeding the 2018 total
                                           the Northern Mariana Islands                             Magnuson-Stevens Fishery                              allowable catch (TAC) of Pacific ocean
                                                                                                    Conservation and Management Act,                      perch in the EAI allocated to vessels
                                           AGENCY:  National Marine Fisheries                       implementing regulations, and other                   participating in the BSAI trawl limited
                                           Service (NMFS), National Oceanic and                     applicable laws.                                      access fishery.
                                           Atmospheric Administration (NOAA),
                                           Commerce.                                                   In accordance with 50 CFR 300.224(d)               DATES: Effective 1200 hrs, Alaska local
                                                                                                    and 50 CFR 665.819(c)(9), vessels                     time (A.l.t.), November 2, 2018, through
                                           ACTION: Announcement of a valid
                                                                                                    identified in the agreement may retain                2400 hrs, A.l.t., December 31, 2018.
                                           specified fishing agreement.
                                                                                                    and land bigeye tuna in the western and               FOR FURTHER INFORMATION CONTACT:
                                           SUMMARY:   NMFS announces a valid                        central Pacific Ocean under the CNMI                  Steve Whitney, 907–586–7228.
                                           specified fishing agreement that                         limit. NMFS will begin attributing                    SUPPLEMENTARY INFORMATION: NMFS
                                           allocates up to 1,000 metric tons (t) of                 bigeye tuna caught by vessels identified              manages the groundfish fishery in the
                                           the 2018 bigeye tuna limit for the                       in the agreement to the CNMI starting                 BSAI exclusive economic zone
                                           Commonwealth of the Northern Mariana                     on October 25, 2018. If NMFS                          according to the Fishery Management
                                           Islands (CNMI) to identified U.S.                        determines that the fishery will reach                Plan for Groundfish of the Bering Sea
                                           longline fishing vessels. The agreement                  the attribution limit of 1,000 t, we will             and Aleutian Islands Management Area
                                           supports the long-term sustainability of                 restrict the retention of bigeye tuna                 (FMP) prepared by the North Pacific
                                           fishery resources of the U.S. Pacific                    caught by vessels identified in the                   Fishery Management Council under
                                           Islands, and fisheries development in                    agreement, unless the vessels are                     authority of the Magnuson-Stevens
                                           the CNMI.                                                included in a subsequent specified                    Fishery Conservation and Management
                                           DATES: The specified fishing agreement                   fishing agreement with another U.S.                   Act. Regulations governing fishing by
                                           is valid on November 6, 2018.                            territory.                                            U.S. vessels in accordance with the FMP
                                           ADDRESSES: NMFS prepared                                                                                       appear at subpart H of 50 CFR part 600
                                                                                                      Authority: 16 U.S.C. 1801 et seq.
                                           environmental analyses that describe                                                                           and 50 CFR part 679.
                                           the potential impacts on the human                         Dated: November 1, 2018.                               The 2018 TAC of Pacific ocean perch,
                                           environment that would result from the                   Karen H. Abrams,                                      in the EAI, allocated to vessels
                                           action. The analyses, identified by                      Acting Director, Office of Sustainable                participating in the BSAI trawl limited
                                           NOAA–NMFS–2018–0026, are available                       Fisheries, National Marine Fisheries Service.         access fishery was established as a
                                           from https://www.regulations.gov/                        [FR Doc. 2018–24278 Filed 11–6–18; 8:45 am]           directed fishing allowance of 794 metric
                                           docket?D=NOAA-NMFS-2018-0026, or                                                                               tons by the final 2018 and 2019 harvest
                                                                                                    BILLING CODE 3510–22–P
                                           from Michael D. Tosatto, Regional                                                                              specifications for groundfish in the
                                           Administrator, NMFS Pacific Islands                                                                            BSAI (83 FR 8365, February 27, 2018).
                                           Region (PIR), 1845 Wasp Blvd., Bldg.                                                                              In accordance with § 679.20(d)(1)(iii),
                                           176, Honolulu, HI 96818.                                                                                       the Regional Administrator finds that
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                                              The Fishery Ecosystem Plan for                                                                              this directed fishing allowance has been
                                           Pelagic Fisheries of the Western Pacific                                                                       reached. Consequently, NMFS is
                                           (Pelagic FEP) is available from the                                                                            prohibiting directed fishing for Pacific
                                           Western Pacific Fishery Management                                                                             ocean perch in the EAI by vessels
                                           Council (Council), 1164 Bishop St.,                                                                            participating in the BSAI trawl limited
                                           Suite 1400, Honolulu, HI 96813, tel                                                                            access fishery.


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Document Created: 2018-11-07 00:04:29
Document Modified: 2018-11-07 00:04:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule.
DatesEffective January 1, 2019, through December 31, 2019.
ContactDouglas Potts, Fishery Policy Analyst, 978-281-9341.
FR Citation83 FR 55640 
RIN Number0648-XG41

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