32042 Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Rules and Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 991228355–0140–02; I.D.

110999C]

RIN 0648–AM50

Fisheries of the Northeastern United

States; Final 2000 Fishing Quotas for

Atlantic Surf Clams, Ocean Quahogs,

and Maine Mahogany Quahogs

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final 2000 fishing quotas for

Atlantic surf clams, ocean quahogs, and

Maine mahogany quahogs.

SUMMARY: NMFS issues these final

quotas for the Atlantic surf clam, ocean

quahog, and Maine mahogany quahog

fisheries for the 2000 fisheries. This

action is necessary to comply with the

regulations governing these fisheries

that require NMFS to publish annual

quotas for each species for each fishing

year. The intent of this action is to

specify allowable harvest levels of

Atlantic surf clams and ocean quahogs

from the exclusive economic zone and

an allowable harvest level of Maine

mahogany quahogs from the waters

north of 43°50′N. latitude for the fishing

year 2000.

DATES: Effective May 22, 2000 through

December 31, 2000.

ADDRESSES: Copies of supporting

documents including the Environmental

Assessment, Regulatory Impact Review,

Initial Regulatory Flexibility Analysis

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

Habitat Assessment are available from:

Patricia A. Kurkul, Regional

Administrator, Northeast Region,

National Marine Fisheries Service, One

Blackburn Drive, Gloucester, MA

01930–2298. The EA/RIR/IRFA is

accessible via the Internet at http:/

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

FOR FURTHER INFORMATION CONTACT:

Myles Raizin, Fishery Policy Analyst,

978–281–9104,

Myles.A.Raizin@noaa.gov.

SUPPLEMENTARY INFORMATION: The

Fishery Management Plan for the

Atlantic Surf Clam and Ocean Quahog

Fisheries (FMP) directs the Assistant

Administrator for Fisheries, in

consultation with the Mid-Atlantic

Fishery Management Council (Council),

to specify quotas for surf clams 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 fishing to continue at that

level for at least 10 years for surf clams

and 30 years for ocean quahogs. While

staying within this constraint, the

Council policy is to also consider the

economic benefits of the quotas. As

specified in Amendment 10 to the FMP,

the Maine mahogany quahog quota is in

addition to the quota specified for the

ocean quahog fishery.

Detailed background information

regarding the development of these

quotas was provided in the proposed

rule published on January 4, 2000, (65

FR 275), and is not repeated here. The

comment period for that rule ended on

February 2, 2000. No comments were

received, and the final quot as,

unchanged from those in the proposed

rule, are shown below.

FINAL 2000 SURF CLAM/OCEAN QUAHOG QUOTAS FOR JANUARY 1, 2000, THROUGH DECEMBER 31, 2000

Fishery 2000 final quotas (bu) 2000 final quotas (hL)

1Surf clam 2,565,000 1,366,000 1Ocean quahog 4,500,000 2,396,000 2 Maine mahogany quahog 100,000 35,240

1 1 bushel = 1.88 cubic ft. = 53.24 liters

2 1 bushel = 1.2445 cubic ft. = 35.24 liters

Classification

This action is authorized by 50 CFR

part 648 and is exempt from review

under E.O. 12866.

Because this rule only establishes

year-long quotas to be used for the sole

purpose of closing the fishery when the

quotas are reached and does not

establish any requirements for which a

regulated entity must come into

compliance, it is unnecessary to delay

for 30 days the effective date of this

rule. Therefore, the Assistant

Administrator for Fisheries, NOAA,

under 5 U.S.C. 553(d)(5), finds good

cause not to delay the effective date of

this rule.

NMFS completed a final regulatory

flexibility analysis (FRFA) that contains

the items specified in 5 U.S.C. 604(a).

The FRFA is as follows:

Final Regulatory Flexibility Analysis

for Atlantic Surf Clam, Ocean Quahog,

and Maine Mahogany Quahog 2000

Specifications

Need for, and Objectives of, the Rule

This rule is needed to establish

allowable harvest levels of Atlantic surf

clams and ocean quahogs from the

exclusive economic zone and an

allowable harvest level of Maine

mahogany quahogs from the waters

north of 43°50′N. lat. in 2000. The intent

of this action is to comply with the

regulations governing these fisheries

that require the National Marine

Fisheries Service to publish annual

quotas for each species for each fishing

year to conserve and manage the

resource in compliance with the

regulations, fishery management plan,

and Magnuson-Stevens Fishery

Conservation and Management Act.

Public Comments

There were no public comments

submitted in response to the initial

regulatory flexibility analysis (IRFA). No

changes were made to the proposed

rule.

Number of Small Entities

In 1998, a total of 47 vessels reported

harvesting surf clams or ocean quahogs

from Federal waters under an Individual

Transferable Quota (ITQ) system.

Average 1998 gross income for surf clam

harvests was $65,919 per vessel, and

$685,573 per vessel for ocean quahog

harvests. In the small artisanal fishery

for Maine mahogany quahogs in Maine,

39 vessels reported harvests in the clam

logbooks, with an average value of

$48,629 per boat. All of these vessels

readily fall within the definition of a

small business. From 9 to 12 processors

participate in the surf clam and ocean

quahog fisheries. However, 3 firms are

responsible for the vast majority of

purchases in the ex-vessel market and

sale of processed clam products in

appropriate wholesale markets. In 1999,

surf clam allocation holders totaled 107

Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Rules and Regulations 32043

while 64 firms or individuals held

ocean quahog allocation.

Cost of Compliance

No additional costs of compliance,

including those associated with

recordkeeping and reporting, would

result from the implementation of the

selected or alternative quotas.

Minimizing Significant Economic

Impact on Small Entities

A review of the impacts identified by

the regulatory flexibility analysis

indicates that the impacts associated

with the preferred alternative will not

have significant economic impacts on

small entities.

NMFS considered four alternatives to

the selected 2000 surf clam quota. The

selected quota and all alternatives fall

within the range of OY established by

the FMP. The selected quota (4.5

million bu (2.387 million hL)) is the

same quota as was adopted for 1999, is

8 percent greater than the actual harvest

in 1998 and so provides no restraint on

the fishery, and may decrease ex-vessel

prices due to a lessened demand in the

fishery. There is a moderate risk that

some allocation holders might not be

able to market their share of the surf

clam allocation. This risk is considered

acceptable in order to provide a quota

large enough to allow for some increase

in demand for the product, while not

setting it so high as to force some

allocation holders out of business. There

were two alternatives with quotas

smaller than the one selected. The

alternative with the smallest quota

represents the minimum OY provided

under the FMP (1.85 million bu (0.985

million hL)), a 22-percent decrease from

the 1998 actual harvest. This quota was

not selected because, at this quota level,

the price per bushel would increase,

however, overall revenues would fall

because it is not likely the increased

price would compensate for the

reduction in amount of sales. The

alternative with the same quota as the

harvest level in 1998 actual harvest

(2.365 million bu (1.259 million hL))

was not selected because it provided no

opportunity for an increase in demand

of surf clams, even though prices to

fishermen for surf clams would likely be

higher due to the restriction on the

fishery. The alternatives with quotas

larger than the selected quota (2.70

million bu (1.437 million hL) and 3.4

million bu (1.810 million hL))

representing a 14-percent increase from

the 1998 actual catch and the maximum

allowable quota allowed by the FMP

would very likely depress ex-vessel

prices. This would increase the risk of

business failure for allocation holders

not associated with a processor, as

vertically integrated companies are

expected to buy product from vessels

using allocations they control before

buying product outside the company.

NMFS considered four alternatives to

the selected 2000 ocean quahog quota.

The selected quota and all alternatives

fall within the range of OY established

by the FMP. The selected quota (4.5

million bu (2.396 million hL)), the same

quota as was adopted for 1999, is 16

percent greater than the actual harvest

in 1998 and so provides no restraint on

the fishery. There is no expected change

in ex-vessel prices in the fishery as a

result of the quota. There were two

alternatives with quotas smaller than

the one selected. The alternative with

the smallest quota represents the

minimum OY provided under the FMP

(4.0 million bu (2.130 million hL)), a 3-

percent increase from the 1998 actual

harvest. The next smaller quota

alternative represents a 6-percent

decrease from the 1999 quota, but a 9-

percent increase from the actual harvest

in 1998. Pending the outcome of

additional assessments on the status of

the resource to determine if reductions

in the quota were indicated, and that

none of these quotas was constraining to

the current fishery, these alternatives

were not selected. Two alternatives

above the selected quota were also

considered, 6.0 million bu (3.194

million hL), the maximum OY allowed

by the FMP, and 4.75 million bu (2.529

million hL), a 6-percent increase from

the 1999 quota and a 22-percent

increase from the actual harvest in 1998.

Both of these alternatives were not

selected because of concerns that

upcoming stock assessments might

recommend reduced quotas and that the

fishery would most likely not be able to

utilize such and increase in the quota,

anyway.

NMFS maintained the quota for the

Maine mahogany quahog fishery at the

1999 level of 100,000 Maine bu (35,240

hL). Landings in 1998 totaled less than

75,000 Maine bu (26,430 hL) and 1999

landings were also expected to be less

than the quota. Setting the quota at this

level does not appear to either constrain

the fishery or endanger the resource.

Pending a survey of the resource in the

Gulf of Maine, decreasing the quota in

the face of steady catches under the

quota would constrain the fishery to no

purpose and increasing the quota when

it could not likely be taken and without

a scientific basis to do so is not justified.

A copy of the IRFA is available from

the Northeast Regional Office (see

ADDRESSES).

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

Dated: May 16, 2000.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–12836 Filed 5–19–00; 8:45 am]

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