67528 Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Proposed Rules 

179As the name suggests, this card is simply a 

prepaid phone card. The card, which is a product 

of an alliance between the Postal Service and 

AT&T, is sold at postal facilities.

180UPS Comments at 2.

181See id. at 2–4.

First-Class Phone Cards to postal service 

would appear to be tenuous at best.179

United Parcel Service comments. UPS 

proposes that the term postal service be 

defined to mean ‘‘the acceptance, 

collection, processing, transmission, or 

delivery of letters, printed matter, or 

packages weighing up to 70 pounds 

(including, but not limited to, partially 

or wholly electronic services), and other 

services supportive or ancillary 

thereto.’’ 180 This proposal differs from 

that advanced by the Commission in 

Order No. 1389 in two ways. First, UPS 

reads the Commission’s proposed 

definition as possibly contingent on 

actual delivery by the Postal Service. 

Consequently, UPS would define postal 

service to encompass the various 

activities performed by the Postal 

Service, e.g., acceptance, transmission, 

etc., to preclude the argument that such 

services, if provided by the Postal 

Service exclusive of delivery, are not 

postal services. Second, UPS would 

explicitly include services that are 

either wholly or partially electronic.181

UPS raises a valid, if largely 

theoretical, point. Its alternative, 

however, could be construed as overly 

broad. Entities other than the Postal 

Service collect, process, and transmit 

mail prior to its deposit with the Postal 

Service. The definition suggested by 

UPS would expand the term postal 

service to include activities performed 

by entities, such as presort bureaus and 

consolidators, not subject to the 

Commission’s jurisdiction. Inserting the 

phrase ‘‘by the Postal Service’’ after the 

term ‘‘delivery’’ would foreclose this 

construction and, as so modified, would 

represent an improvement over the 

definition proposed by the Commission. 

In lieu of adopting this language, 

however, the Commission concludes, 

for reasons previously discussed, that it 

would be preferable to define the term 

postal service based on statutorily 

derived terms.

VII. Comments 

Because it declines to adopt either its 

initially proposed rule or those 

suggested by any commenter, the 

Commission concludes that it would be 

appropriate to provide any interested 

person an opportunity to comment on 

the revised proposed rule. Accordingly, 

comments are due December 15, 2004. 

Reply comments may be filed on or 

before January 12, 2005. It is the 

Commission’s expectation to review 

such comments expeditiously and 

thereafter amend its rules as may be 

appropriate. 

Ordering Paragraphs 

It is ordered:

1. The Commission proposes to 

amend its Rules of Practice and 

Procedure by inserting new rule 5(s), 39 

CFR 3001.5(s) as follows: Postal service

means the receipt, transmission, or 

delivery by the Postal Service of 

correspondence, including, but not 

limited to, letters, printed matter, and 

like materials; mailable packages; or 

other services supportive or ancillary 

thereto. 

2. Interested persons may submit 

comments by no later than December 

15, 2004. Reply comments may also be 

filed and are due no later than January 

12, 2005. 

3. The Motion for Late Acceptance of 

Comments of Lifetime Addressing, Inc., 

March 16, 2004, is granted. 

4. Proposed revisions suggested by 

commenters not adopted herein are 

deemed denied. 

5. The Secretary shall arrange for 

publication of this Order in the Federal 

Register.

Dated: November 12, 2004.

By the Commission. 

Steven W. Williams, 

Secretary.

List of Subjects in 39 CFR Part 3001 

Administrative practice and 

procedure, Postal service.

For the reasons discussed above, the 

Commission proposes to amend 39 CFR 

part 3001 as follows:

PART 3001—RULES OF PRACTICE 

AND PROCEDURE 

1. The authority citation for part 3001 

continues to read as follows:

Authority: 39 U.S.C. 404(b); 3603; 3622–

24; 3661, 3663.

Subpart A—Rules of General 

Applicability 

2. Amend § 3001.5 by adding new 

paragraph(s) to read as follows:

§ 3001.5 Definitions.

* * * * *

(s) Postal service means the receipt, 

transmission, or delivery by the Postal 

Service of correspondence, including, 

but not limited to, letters, printed 

matter, and like materials; mailable 

packages; or other services supportive or 

ancillary thereto.

[FR Doc. 04–25567 Filed 11–17–04; 8:45 am] 

BILLING CODE 7710–FW–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 648

[Docket No. 041108311–4311–01; I.D. 

110204B]

RIN 0648–AR52

Fisheries of the Northeastern United 

States; Proposed 2005, 2006, and 2007 

Fishing Quotas for Atlantic Surfclams, 

Ocean Quahogs, and Maine Mahogany 

Ocean Quahogs

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Proposed rule.

SUMMARY: NMFS proposes quotas for the 

Atlantic surfclam, ocean quahog, and 

Maine mahogany ocean quahog fisheries 

for 2005–2007. Regulations governing 

these fisheries require NMFS to publish 

the proposed specifications for the 

2005–2007 fishing years and seek public 

comment on such proposed measures. 

The intent of this action is to propose 

allowable harvest levels of Atlantic 

surfclams and ocean quahogs from the 

Exclusive Economic Zone and an 

allowable harvest level of Maine 

mahogany ocean quahogs from Atlantic 

waters north of 43 50’ N. lat.

DATES: Comments must be received no 

later than 5 p.m., eastern standard time, 

on December 20, 2004.

ADDRESSES: Written comments on the 

proposed specifications should be sent 

to: 

• Email /mailbox address: The 

mailbox address for providing email 

comments is 0648AR52@noaa.gov. 

Include in the subject line of the email 

the following document identifier: 

‘‘Comments on Surfclam/Ocean Quahog 

Proposed Specifications.’’

• Federal e-Rulemaking Portal: 

www.Regulations.gov

• Mail address for mailing paper,disk, 

or CD-ROM comments: Patricia A. 

Kurkul, Regional Administrator, 

Northeast Region, NMFS, One 

Blackburn Drive, Gloucester, MA 

01930–2298. Mark on the outside of the 

envelope,‘‘Comments on Surfclam/

Ocean Quahog Proposed 

Specifications.’’

• Fax number: Facsimile (fax) to (978) 

281–9135. Comments on this proposed 

rule may be submitted via email.

Copies of supporting documents, 

including the Environmental 

Assessment, Regulatory Impact Review, 

Initial Regulatory Flexibility Analysis 

Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Proposed Rules 67529

(EA/RIR/IRFA), and the Essential Fish 

Habitat Assessment, are available from 

Daniel Furlong, Executive Director, 

Mid-Atlantic Fishery Management 

Council, Room 2115, Federal Building, 

300 South New Street, Dover, DE 

19904–6790. A copy of the EA/RIR/

IRFA is accessible via the Internet at 

http:/www.nero.gov/ro/doc/nr.htm.

FOR FURTHER INFORMATION CONTACT:

Brian R. Hooker, Fishery Policy Analyst, 

978–281–9220.

SUPPLEMENTARY INFORMATION: The 

Fishery Management Plan for the 

Atlantic Surfclam and Ocean Quahog 

Fisheries (FMP) requires that NMFS, in 

consultation with the Mid-Atlantic 

Fishery Management Council (Council), 

specify quotas for surfclams and ocean 

quahogs on an annual basis from a range 

that represents the optimum yield (OY) 

for each fishery. It is the policy of the 

Council that the levels selected allow 

sustainable fishing to continue at that 

level for at least 10 years for surfclams 

and 30 years for ocean quahogs. In 

addition to this constraint, the Council 

policy also considers the economic 

impacts of the quotas. Regulations 

implementing Amendment 10 to the 

FMP (63 FR 27481, May 19, 1998), 

added Maine ocean quahogs (locally 

known as mahogany quahogs) to the 

management unit and provided that a 

small artisanal fishery for ocean 

quahogs in the waters north of 43° 50′

N. lat. has an annual quota with an 

initial amount of 100,000 Maine bu 

(35,240 hectoliters (hL)) within a range 

of 17,000 to 100,000 Maine bu (5,991 hL 

to 35,240 hL). As specified in 

Amendment 10, the Maine mahogany 

ocean quahog quota is allocated 

separately from the quota specified for 

the ocean quahog fishery. Regulations 

implementing Amendment 13 to the 

FMP (68 FR 69970, December 16, 2003) 

established the ability to set multi-year 

quotas. An evaluation, in the form of an 

annual quota recommendation paper, 

will be conducted by the Council every 

year to determine if the multi-year quota 

specifications remains appropriate. The 

fishing quotas must be in compliance 

with overfishing definitions for each 

species. In proposing these quotas, the 

Council considered the available stock 

assessments, data reported by harvesters 

and processors, and other relevant 

information concerning exploitable 

biomass and spawning biomass, fishing 

mortality rates, stock recruitment, 

projected fishing effort and catches, and 

areas closed to fishing. This information 

was presented in a written report 

prepared by the Council staff. 

NMFS is taking this opportunity to 

implement clarifications to the Atlantic 

surfclam and ocean quahog regulations. 

Sections 648.70(a), and 648.71(a) and 

(a)(2), removes references to the dates 

on which the initial allocation of 

surfclams and ocean quahogs shall be 

determined, and removes references to 

the dates on which the proposed and 

final rules for the annual specifications 

must be specified and published in the 

Federal Register by the Regional 

Administrator. References to these dates 

are not necessary in regulatory text. 

Additionally, a latitudinal coordinate 

identifying the ‘‘Boston Foul Ground’’

in section § 648.73(a)(1) is corrected 

through re-insertion of a digit that was 

dropped in a previous rulemaking. 

These administrative revisions are 

minor, non-substantive changes and do 

not change operating practices in the 

fishery.

The proposed quotas for the 2005–

2007 Atlantic surfclam, ocean quahog, 

and Maine mahogany ocean quahog 

fisheries are shown in the table below. 

The status quo level of 2004 for Maine 

ocean quahog and surfclams is proposed 

to be maintained for 2005–2007, but the 

ocean quahog quota would be increased 

incrementally by 20 percent over the 

three-year period.

PROPOSED 2005–2007 SURFCLAM/OCEAN QUAHOG QUOTAS1

2005 2006 2007

bu hL bu hL bu hL 

2Surfclams ................................................................................................ 3.400 1.810 3.400 1.810 3.400 1.810 2Ocean Quahogs ...................................................................................... 5.333 2.840 5.666 3.016 6.000 3.194 3Maine Ocean Quahogs ........................................................................... 100,000 35,240 100,000 35,240 100,000 35,240

1 Numerical values in table are in millions 2 1 bushel = 1.88 cubic ft. = 53.24 liters 3 1 bushel = 1.2445 cubic ft. = 35.24 liters

Surfclams

In 1999, the Council expressed its 

intention to increase the surfclam quota 

to OY over a period of 5 years (OY = 3.4 

million bushels (181 million L)). The 

proposed 2005–2007 status quo 

surfclam quota was developed after 

reviewing the results of the 37th 

Northeast Regional Stock Assessment 

Workshop (SAW 37) for surfclams, held 

in 2003. This recommendation is 

consistent with the following SAW 37 

recommendation: ‘‘Although the stock is 

above Bmsy, uncertainty in the current 

level of and future trend in biomass 

suggest that substantial increases in 

catch levels are not advised.’’

Furthermore, as of the 2002 fishing year 

the surfclam stock in the EEZ is not 

overfished and overfishing is not 

occurring. Industry reports that the 

current demand for clam products is 

very strong, with processors describing 

an inability to fill all orders due to a 

lack of clams. However, information 

reported by industry in their vessel trip 

reports has shown a steady reduction in 

the landings per unit of effort (LPUE), 

an important indicator that the annual 

quota is approaching the OY for the 

resource. Another factor in the low 

LPUE is that the majority of the 

surfclam catch continues to be derived 

from one area (northern New Jersey). 

Based on the information and advice 

from the most recent assessment for 

surfclams, the Council is 

recommending, and NMFS is proposing, 

to maintain the status quo for the 2005–

2007 quotas of 3.4 million bushels (181 

million L). This quota represents the 

maximum allowable quota under the 

FMP. 

Ocean Quahogs

The 2005–2007 quotas for ocean 

quahogs, which reflect a 20–percent 

increase above status quo, are based on 

results from the 2004 assessment 

conducted by the 38th Northeast 

Regional Stock Assessment Workshop 

(SAW 38) for ocean quahogs, held in 

January 2004. The assessment for ocean 

quahogs found that the current biomass 

is high, and the resource surveyed from 

southern New England to southern 

Virginia is not overfished and 

overfishing is not occurring as of the 

2002 fishing year. As a result, the 

Council concluded that an increase in 

the quota is warranted. An additional 

reason for the recommended increase in 

67530 Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Proposed Rules 

ocean quahog quota over the next 3 

years is the continued low surfclam 

quota in New Jersey state waters from 

historically high levels. In response, the 

Council wants to support increased 

access to ocean quahogs. The best 

scientific advice currently available 

suggests that an increase in quota would 

be sustainable. Based on this advice, the 

Council is recommending, and NMFS is 

proposing, an ocean quahog quota for 

2005 of 5.333 million bushels (284 

million L), a 2006 quota of 5.666 million 

bushels (301.6 million L), and a 2007 

quota of 6.0 million bushels (319.4 

million L). In addition, the Council is 

recommending, and NMFS is proposing, 

no change to the Maine ocean quahog 

quota from the 2004 level of 100,000 

Maine bushels (35,240 hL). Amendment 

10 to the FMP allows an annual quota 

of 100,000 Maine bushels (35,240 hL), 

and specifies that a quota over 100,000 

Maine bushels (35,240 hL) can be 

recommended only if a survey of the 

Maine ocean quahog stock warrants 

such an increase. However, a survey of 

this area has not been completed. 

The Atlantic surfclam and ocean 

quahog quotas are specified in standard 

bushels of 53.24 L per bushel, while the 

Maine mahogany ocean quahog quota is 

specified in ‘‘Maine’’ bushels of 35.24 L 

per bushel. Because Maine ocean 

quahogs are the same species as ocean 

quahogs, both fisheries are assessed 

under the same ocean quahog 

overfishing definition. When the two 

quota amounts (ocean quahog and 

Maine ocean quahog) are added, the 

total allowable harvest is still lower 

than the level that would result in 

overfishing for the entire stock.

Classification

This action is authorized by 50 CFR 

part 648 and has been determined to be 

not significant for purposes of Executive 

Order 12866.

The Council prepared an IRFA in 

section 8.0 of the RIR that describes the 

economic impacts this proposed rule, if 

adopted, would have on small entities. 

A description of the action, why it is 

being considered, the objectives and the 

legal basis for this action are contained 

in the SUPPLEMENTARY INFORMATION

section of this Proposed Rule. This 

action does not duplicate, overlap, or 

conflict with any other Federal rules. A 

summary of the IRFA follows:

Vessels

In 2003, a total of 50 vessels reported 

harvesting surfclams or ocean quahogs 

from Federal waters under an Individual 

Transferable Quota (ITQ) system. 

Average 2003 gross income for surfclam 

harvesters was $1,089,417 per vessel, 

and $865,204 per vessel for ocean 

quahog harvesters. In the small artisanal 

fishery for ocean quahogs in Maine, 35 

vessels reported harvests in the clam 

logbooks, with an average value of 

$139,890 per vessel. All of these vessels 

fall within the definition of a small 

entity. The proposed rule would 

maintain the 2004 status quo level for 

the surfclam quota, increase the ocean 

quahog quota by 20 percent over three 

years, and maintain the 2004 status quo 

level for the Maine ocean quahog quota. 

The direct impacts of any quota 

adjustment would be felt by the entities 

holding surfclam and/or ocean quahog 

quota allocations. The actual number of 

individuals or businesses holding the 

quota allocations will be lower than 

indicated below since each holder will 

often maintain multiple allocations. The 

analysis of alternatives for each fishery 

contains a ‘‘no action’’ alternative as 

required by the National Environmental 

Policy Act. The ‘‘no action’’ alternatives 

would allow unlimited harvests from 

the surfclam, ocean quahog, and Maine 

ocean quahog resources, and would be 

in violation of National Standard 1 of 

the Magnuson-Stevens Fishery 

Management and Conservation Act, thus 

these alternatives are not discussed here 

as reasonable alternatives. 

The Council identified three surfclam 

quota alternatives in addition to the 

‘‘no-action’’ alternative. The preferred 

alternative of 3.400 million bu (181 

million L) for 2005–2007, an alternative 

with 45.6 percent decrease to 1.85 

million bu (98.49 million L), and an 

alternative with a 4.4 percent decrease 

to 3.25 million bu (173.02 million L) 

were analyzed. The minimum allowable 

quota specified in the current OY range 

is 1.850 million bu (98.5 million L) of 

surfclams. A 45.6 percent reduction in 

quota of would have a substantially 

negative impact on overall ex-vessel 

revenues equaling a $215,363 decrease 

per allocation. Adoption of the 4.4 

percent decrease in quota would 

represent a $20,781 reduction per 

allocation. However, given the current 

biological status of the surfclam 

resource, the Council does not believe 

that a quota reduction is warranted at 

this time. In summation, the Council 

determined that the 45.6 percent 

reduction would significantly negatively 

impact revenues and a smaller 4.4 

percent reduction is not warranted as 

the stock is not overfished and 

overfishing is not occurring. The 

preferred alternative is the 2004 status 

quo, thus it would have no impact on 

revenues.

The Council analyzed four ocean 

quahog quota alternatives in addition to 

the ‘‘no-action’’ alternative. The 

preferred alternative of a 20 percent 

increase over three years, an alternative 

with a 20 percent (1.0 million bu (53.25 

million L)) decrease, an alternative with 

the 2004 status quo of 5.0 million 

bushels (266.18 million L), and an 

alternative with a 20 percent (1.0 

million bu (53.24 million L)) increase in 

one year were analyzed. The minimum 

allowable quota specified in the current 

OY range is 4.000 million bu (212.94 

million L) of ocean quahogs. Adoption 

of a 4.0 million bu (212.94 million L) 

quota would represent a 20 percent 

decrease from the current quota. This 

alternative would take the most 

conservative approach to managing the 

fishery that is currently available to the 

Council, but would result in the fewest 

economic benefits available to the ocean 

quahog fishery. Given the current 

biological status of the quahog resource, 

the Council concluded that a quota 

reduction is not warranted. Adoption of 

the 2004 status quo quota would have 

no impact on revenues for small 

entities. A 20 percent increase in quota 

in the first year would move directly to 

the maximum quota allowed in the 

FMP, and, if fully utilized would equate 

to a $102,180 increase per allocation. 

However, the Council was concerned 

that the industry does not currently 

have a market available to absorb a large 

increase in landings that quickly. 

Additionally, due to uncertainty in the 

recent stock assessment the Council is 

recommending a gradual increase, with 

annual reviews to confirm its 

appropriateness. Although two 

alternatives would allow for increased 

revenues, the Council recommends a 

gradual 20 percent increase over three 

years, rather than the 20 percent 

increase in the first year.

The quota for Maine mahogany ocean 

quahogs is specified at a maximum 

100,000 bu (35,240 hL). The FMP 

specifies that upward adjustments to the 

quota would require a scientific survey 

and stock assessment of the Maine 

mahogany ocean quahog resource. 

However, no survey or assessment has 

been conducted. The Council 

considered two alternative quotas for 

the Maine mahogany ocean quahog 

fishery, in addition to the preferred 

alternative of 100,000 Maine bushels 

(35,240 hL), including 50,000 Maine 

bushels and 92,500 Maine bushels 

(17,620 and 32,596 hL). Any quota the 

Council would have recommended 

below the 1999 landing level of 93,938 

Maine bu (33,104 hL) would have 

resulted in a decrease in revenues to 

individual vessels. 

Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Proposed Rules 67531

Processors

In 2003, there were 9 processors that 

participated in the surfclam and ocean 

quahog fisheries, plus 10 companies 

that bought ocean quahogs directly from 

vessels from within the State of Maine. 

Of the nine processors, approximately 

six are responsible for the vast majority 

of purchases in the ex-vessel market and 

sale of processed clam products in 

appropriate wholesale markets. Impacts 

to surfclam and ocean quahog 

processors would most likely mirror the 

impacts of the various quotas to vessels 

as discussed above. Revenues earned by 

processors would be derived from the 

wholesale market for clam products, 

and since a large number of substitute 

products (i.e., other food products) are 

available, the demand for processed 

clam products is likely to be pricedependent.

Allocation Holders

As of September 2004, surfclam 

allocation holders totaled 82, while 56 

firms or individuals held ocean quahog 

allocation. If the recommended quotas 

are accepted, i.e., status quo for 

surfclams, a 20 percent increase over 

three years for ocean quahogs, and no 

change from the 2003 quota for Maine 

mahogany ocean quahogs, it is likely 

that impacts to allocation holders or 

buyers would be minimal. 

Theoretically, increases in quota would 

most likely benefit those who purchase 

quota (through lower prices (values)) 

and negatively impact sellers of quota 

because of reduction in value. Decreases 

in quota would most likely have an 

opposite effect. 

Reporting and Recordkeeping 

Requirements

This proposed rule would not impose 

any new reporting, recordkeeping, or 

other compliance requirements. 

Therefore, the costs of compliance 

would remain unchanged.

Dated: November 12, 2004.

Rebecca Lent,

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service.

For the reasons set out in the 

preamble, 50 CFR part 648 is proposed 

to be amended as follows:

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES

1. The authority citation for part 648 

continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.

2. In § 648.70, paragraph (a)(1) is 

revised to read as follows:

§ 648.70 Annual individual allocations.

(a) * * *

(1) Each fishing year, the Regional 

Administrator shall determine the 

initial allocation of surfclams and ocean 

quahogs for the next fishing year for 

each allocation holder owning an 

allocation pursuant to paragraph (a)(2) 

of this section. For each species, the 

initial allocation for the next fishing 

year is calculated by multiplying the 

allocation percentage owned by each 

allocation owner as of the last day of the 

previous fishing year in which 

allocation owners are permitted to 

permanently transfer allocation 

percentage pursuant to paragraph (b) of 

this section (i.e., October 15 of every 

year), by the quota specified by the 

Regional Administrator pursuant to 

§ 648.71. The total number of bushels of 

allocation shall be divided by 32 to 

determine the appropriate number of 

cage tags to be issued or acquired under 

§ 648.75. Amounts of allocation 0.5 or 

smaller created by this division shall be 

rounded downward to the nearest whole 

number, and amounts of allocation 

greater than 0.5 created by this division 

shall be rounded upward to the nearest 

whole number, so that allocations are 

specified in whole cages. These 

allocations shall be made in the form of 

an allocation permit specifying the 

allocation percentage and the allocation 

in bushels and cage tags for each 

species. An allocation permit is only 

valid for the entity for which it is 

issued. Such permits shall be issued on 

or before December 15, to allow 

allocation owners to purchase cage tags 

from a vendor specified by the Regional 

Administrator pursuant to § 648.75(b).

* * * * *

3. In § 648.71, paragraphs (a) 

introductory text and (a)(2) are revised 

as follows:

§ 648.71 Catch quotas.

(a) Establishing quotas. Beginning in 

2005, the amount of surfclams or ocean 

quahogs that may be caught annually by 

fishing vessels subject to these 

regulations will be specified for a 3–year 

period by the Regional Administrator. 

The initial 3–year specification will be 

based on the most recent available 

survey and stock assessments for 

Atlantic surfclams and ocean quahogs. 

Subsequent 3–year specifications of the 

annual quotas will be accomplished in 

the third year of the quota period, 

unless the quotas are modified in the 

interim pursuant to § 648.71(b). The 

amount of surfclams available for 

harvest annually must be specified 

within the range of 1.85 to 3.4 million 

bu (98.5 to 181 million L) per year. The 

amount of ocean quahogs available for 

harvest annually must be specified 

within the range of 4 to 6 million bu 

(213 to 319.4 million L).

* * * * *

(2) Public review. Based on the 

recommendation of the MAFMC, the 

Regional Administrator shall publish 

proposed surfclam and ocean quahog 

quotas in the Federal Register. 

Comments on the proposed annual 

quotas may be submitted to the Regional 

Administrator within 30 days after 

publication. The Assistant 

Administrator shall consider all 

comments, determine the appropriate 

annual quotas, and publish the annual 

quotas in the Federal Register each 

year. The quota shall be set at that 

amount that is most consistent with the 

objectives of the Atlantic Surfclam and 

Ocean Quahog FMP. The Regional 

Administrator may set quotas at 

quantities different from the MAFMC’s 

recommendations only if he/she can 

demonstrate that the MAFMC’s 

recommendations violate the national 

standards of the Magnuson-Stevens Act 

and the objectives of the Atlantic 

Surfclam and Ocean Quahog FMP and 

other applicable law.

4. In § 648.73, paragraph (a)(1) is 

revised as follows:

§ 648.73 Closed areas.

(a) * * *

(1) Boston Foul Ground. The waste 

disposal site known as the ‘‘Boston Foul 

Ground’’ and located at 42° 25′36′′ N. 

lat., 70° 35′00′′ W. long., with a radius 

of 1 nautical mile in every direction 

from that point.

* * * * *

[FR Doc. 04–25640 Filed 11–17–04; 8:45 am]

BILLING CODE 3510–22–S