[Federal Register Volume 65, Number 99 (Monday, May 22, 2000)]
[Rules and Regulations]
[Pages 32042-32043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12836]



[[Page 32042]]

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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.

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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 deg.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, <a href="/cdn-cgi/l/email-protection#74390d1811075a355a26151d0e1d1a341a1b15155a131b02"><span class="__cf_email__" data-cfemail="723f0b1e17015c335c20131b081b1c321c1d13135c151d04">[email protected]</span></a>.

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)
----------------------------------------------------------------------------------------------------------------
\1\ Surf clam                                                 2,565,000                                1,366,000
\1\ Ocean 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 deg.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

[[Page 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]
BILLING CODE 3510-22-F


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