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Federal Register / Vol. 86, No. 213 / Monday, November 8, 2021 / Rules and Regulations
Pursuant to 5 U.S.C. 553bB, the AA
finds that there is good cause to waive prior notice and opportunity to comment on this rule. The AA finds that unusually high amounts of debris are creating special environmental conditions that make trawling with TED-equipped nets impracticable. Prior notice and opportunity to comment are impracticable and contrary to the public interest in this instance because providing notice and comment would prevent the agency from providing the affected industry relief from the effects of Hurricane Ida in a timely manner, while continuing to provide effective protection for sea turtles.
For the same reasons, the AA finds that there is good cause to waive the 30day delay in effective date pursuant to 5 U.S.C. 553d3.
Since prior notice and an opportunity for public comment are not required to be provided for this action by 5 U.S.C.
553, or by any other law, the analytical requirements of 5 U.S.C. 601 et seq. are inapplicable.
Authority: 16 U.S.C. 15311543.
Dated: November 1, 2021.
Carrie Diane Robinson, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
FR Doc. 202124175 Filed 11521; 8:45 am BILLING CODE 351022P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 648
Docket No. 2111030223; RTID 0648
XX074

Atlantic Surfclam and Ocean Quahog Fisheries; 2022 Fishing Quotas for Atlantic Surfclams and Ocean Quahogs; and Suspension of Atlantic Surfclam Minimum Size Limit National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Final rule.
AGENCY:

NMFS announces that the quotas for the Atlantic surfclam and ocean quahog fisheries for 2022 will remain status quo. NMFS also suspends the minimum size limit for Atlantic surfclams for the 2022 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
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Exclusive Economic Zone even if the previous years quota specifications remain unchanged.
DATES: Effective January 1, 2022, through December 31, 2022.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst, 9782819341.
SUPPLEMENTARY INFORMATION: The Atlantic Surfclam and Ocean Quahog Fishery Management Plan FMP
requires that NMFS issue a notice in the Federal Register of the upcoming years quota, even if the quota remains unchanged from the previous year. At its June 2021 meeting, the Mid-Atlantic Fishery Management Council recommended no change to the quota specifications for Atlantic surfclams and ocean quahogs for the 2022 fishing year.
We are announcing 2022 quota levels of 3.4 million bushels bu 181 million L
for Atlantic surfclams, 5.36 million bu 288 million L for ocean quahogs, and 100,000 Maine bu 3.52 million L for Maine ocean quahogs. These quotas were published as projected 2022 limits in the Federal Register on May 13, 2021
86 FR 26186. This rule establishes these quotas as unchanged from 2021
and final.
The regulations at 50 CFR 648.75b3
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 surfclam resource have a shell length less than 4.75 inches in 121 millimeters 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 2021 meeting, the Council recommended the Regional Administrator suspend the minimum size limit for Atlantic surfclams for the 2022 fishing year. Commercial surfclam data for 2021 indicated that 16.9 percent of the overall commercial landings were composed of surfclams that were less than the 4.75-in 121-mm default minimum size.
Based on the information available, the Regional Administrator concurs with the Councils recommendation and is suspending the minimum size limit for Atlantic surfclams for the upcoming fishing year January 1 through December 31, 2022.
Classification Pursuant to section 304b1A of the Magnuson-Stevens Act, the Assistant Administrator for Fisheries, NOAA, has determined that this rule is consistent with the Atlantic Surfclam and Ocean
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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. 553bB, 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. The public was given the opportunity to comment on the proposed rule for the 20212026
specifications 86 FR 9901, February 17, 2021, including the projected 2022
specifications, which remain unchanged. Delaying this action would prolong public uncertainty about the final quotas for the 2022 fishing year.
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 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 3, 2021.
Carrie Robinson, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
FR Doc. 202124390 Filed 11521; 8:45 am BILLING CODE 351022P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 697
Docket No. 2111010222
RIN 0648BK63

Fisheries of the Atlantic; Atlantic Migratory Group Cobia; Amendment 1
and Addendum 1 to Amendment 1
National Marine Fisheries Service NMFS, National Oceanic and
AGENCY:

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