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Federal Register / Vol. 86, No. 91 / Thursday, May 13, 2021 / Rules and Regulations
26187

TABLE 2OCEAN QUAHOG MEASURES 20212026
20222026 Projected Ocean Quahog Allowable biological catch mt
Year
Annual catch limit mt
Annual catch target mt
2021

44,031

44,031

25,924

2022

44,072

44,072

25,924

2023

44,082

44,082

25,924

2024

44,065

44,065

25,924

2025

44,020

44,020

25,924

2026

43,948

43,948

25,924

The Atlantic surfclam and ocean quahog quotas are specified in industry bushels of 1.88 cubic feet ft3 53.24 L per bushel, while the Maine ocean quahog quota is specified in Maine bushels of 1.24 ft3 35.24 L
per bushel. Because Maine ocean quahogs are the same species as ocean quahogs, both fisheries are assessed under the same overfishing definition.
When the two quota amounts ocean quahog and Maine ocean quahog are added, the total allowable harvest is below the level that would result in overfishing for the entire stock. The 20212026 quotas are the same as those implemented in the 20182020
specifications.
Surfclam The 20212026 surfclam quotas were developed after reviewing the results of the management track stock assessment for Atlantic surfclam, conducted in June 2020. The surfclam quota recommendation is consistent with the assessment finding that the Atlantic surfclam stock is not overfished and overfishing is not occurring. This rule maintains the status quo surfclam quota of 3.40 million bu 181 million L for 2021 and projects the same quota for 20222026 see Table 1.
Ocean Quahog As with surfclams, the 20212026
ocean quahog quotas were developed after reviewing the results of the management track stock assessment for ocean quahogs, conducted in June 2020.
The ocean quahog quota is consistent with the assessment finding that the ocean quahog stock is not overfished and overfishing is not occurring. This rule maintains the status quo quota of 5.36 million bu 285 million L and
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Commercial quota
Maine quota: 100,000 Maine million bu 285 million L.
Maine quota: 100,000 Maine million bu 285 million L.
Maine quota: 100,000 Maine million bu 285 million L.
Maine quota: 100,000 Maine million bu 285 million L.
Maine quota: 100,000 Maine million bu 285 million L.
Maine quota: 100,000 Maine million bu 285 million L.

status quo level of 100,000 Maine bu 3.52 million L, which represents the maximum allowable quota under the Fishery Management Plan FMP and projects the same quotas for 20222026
see Table 2.
Surfclam Minimum Size In August 2020, the Council voted to recommend that the minimum size limit for surfclams continue to be suspended for 20212026. The minimum size limit has been suspended annually since 2005. Minimum size suspension may not be taken unless discard, catch, and biological sampling data indicate that no more than 30 percent of the Atlantic surfclam resource have a shell length less than 4.75 inches 120 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 densitydependent factors. We will review the available data annually to determine if the necessary conditions have been met to suspend the minimum size.
Commercial surfclam data for 2020
were analyzed to determine the percentage of surfclams that were smaller than the minimum size requirement. The analysis indicated that 11 percent of the overall commercial landings, to date, were composed of surfclams that were less than the 4.75inch 120-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 in the upcoming fishing year January 1 through December 31, 2021.

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bu 3.52 million L; Non-Maine quota: 5.36
bu 3.52 million L; Non-Maine quota: 5.36
bu 3.52 million L; Non-Maine quota: 5.36
bu 3.52 million L; Non-Maine quota: 5.36
bu 3.52 million L; Non-Maine quota: 5.36
bu 3.52 million L; Non-Maine quota: 5.36

Comments On February 17, 2021, we published a proposed rule 86 FR 9901 soliciting public comment on the proposed specifications. We received four comments during the 15-day public comment period that closed on March 4, 2021. Two commenters from the public and one comment from industry were in support of the specifications. One commenter was against the specifications, stating that quotas should be cut by 50 percent since overfishing is occurring, however, overfishing is not occurring and the fishery is not overfished. No changes to the proposed specifications were made in response to the comments.
Classification Pursuant to section 304b3 of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is consistent with the Atlantic Surfclam and Ocean Quahog FMP, other provisions of the MagnusonStevens Act, and other applicable law.
The Council prepared an EA for this FMP, and the NMFS Assistant Administrator concluded that there will be no significant impact on the human environment as a result of this rule. The management measures are status quo from the 20182020 specifications. A
copy of the EA is available from the Council see ADDRESSES.
This final rule is exempt from review under Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the
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