66960 Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Proposed Rules

List of Subjects in 47 CFR Part 73

Television.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–28610 Filed 11–7–00; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 99128355–0305–03; I.D.

101200F]

RIN 0648–AM50

Fisheries of the Northeastern United

States; Proposed 2001 Fishing Quotas

for Atlantic Surf Clams, Ocean

Quahogs, and Maine Mahogany Ocean

Quahogs

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed 2001 fishing quotas

for Atlantic surf clams, ocean quahogs,

and Maine mahogany ocean quahogs;

request for comments.

SUMMARY: NMFS issues proposed quotas

for the Atlantic surf clam, ocean quahog,

and Maine mahogany ocean quahog

fisheries for 2001. Regulations

governing these fisheries require NMFS

to propose for public comment

specifications for the 2001 fishing year.

The intent of this action is to propose

allowable harvest levels of Atlantic surf

clams and ocean quahogs from the

exclusive economic zone and an

allowable harvest level of Maine

mahogany ocean quahogs from the

waters north of 43°50′N. lat. in 2001.

DATES: Comments must be received no

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

on December 8, 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.

Written comments on the proposed

specifications should be sent to the

Regional Administrator. Mark on the

outside of the envelope, ‘‘Comments—

2001 Clam and Quahog Specifications.’’

Comments may also be sent via

facsimile (fax) to (978)281–9371.

Comments will not be accepted if

submitted via e-mail or the Internet.

Send comments on any ambiguity or

unnecessary complexity arising from the

language used in this proposed rule to

Patricia A. Kurkul, Regional

Administrator.

FOR FURTHER INFORMATION CONTACT:

Jennifer L. Anderson, Fishery

Management Specialist, 978–281–9226.

SUPPLEMENTARY INFORMATION: The

Fishery Management Plan (FMP) for the

Atlantic Surf Clam and Ocean Quahog

Fisheries directs NMFS, 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 for 30

years for ocean quahogs. While staying

within this constraint, the Council

policy is to also consider the economic

benefits of the quotas. Regulations

implementing Amendment 10 to the

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

Maine mahogany ocean quahogs to the

management unit and provide that a

small artisanal fishery for ocean

quahogs in the waters north of 43°50’ N.

lat. will have an annual quota with an

initial amount of 100,000 Maine bushels

(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 in addition to the

quota specified for the ocean quahog

fishery.

The fishing quotas must be in

compliance with overfishing definitions

for each species. The overfishing

definition for ocean quahogs is based on

a control rule, which requires a biomass

target of c virgin biomass or 2 billion lb

(907,200 mt) of meats (200 million bu);

a fishing mortality rate (F) target of F0.1

= 0.02; a biomass threshold of c biomass

target, or 1 billion lb (453,600 mt) of

meats (100 million bu); and a fishing

mortality threshold of F25% = 0.042.

The current biomass is estimated to be

around 3.3 billion lb (1.6 million mt) of

meats (330 million bu), or about 80

percent of the virgin biomass, and

current F is estimated to be 0.02. NMFS

approved the overfishing definition for

ocean quahogs contained in

Amendment 12 to the FMP, but

disapproved the proposed overfishing

definition for surf clams because it was

based only on surf clams from the

Northern New Jersey area and did not

take into account the entire range of the

resource. The December 1999 Stock

Assessment Review Committee (SARC)

proposed an overfishing definition for

surf clams, which the Council reviewed

and approved at its March 2000

meeting. The Council-approved

definition has a biomass target of c of

current biomass as a proxy for FMSY

(1.4 billion lb, or 640 thousand mt, or

82.4 million bu); a biomass threshold of

c of the proxy for BMSY (700 thousand

lb or 320 thousand mt); a fishing

mortality threshold of FMSY, where the

current best proxy for FMSY is the

natural mortality rate (M) (0.15), and

requires that the F target will always be

set less than the F threshold and that it

will be the F associated with the

Council-selected quota (approximately

0.03 for 2001). This new overfishing

definition for surf clams will be

submitted to the Secretary for approval

in Amendment 13, which the Council

anticipates will be completed in early

2001.

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 effort and catches, and areas

closed to fishing. This information was

presented in a written report prepared

by the Council staff. The proposed

quotas for the 2001 Atlantic surf clam,

ocean quahog, and Maine mahogany

ocean quahog fisheries are shown in the

following table. The status quo levels for

2000 for both the regular ocean quahog

and the Maine mahogany ocean quahog

will be maintained, but the surf clam

quota will be increased by 11 percent,

from 2.565 million bu to 2.85 million bu

(1.366 million hL to 1.518 million hL).

PROPOSED 2001 SURF CLAM/OCEAN

QUAHOG QUOTAS

Fishery 2001 final

quotas (bu)

2001 final

quotas (hL)

1Surf clam 2,850,000 1,518,000

1Ocean

quahog 4,500,000 2,396,000 2Maine

mahogany quahog 100,000 35,240

11 bushel = 1.88 cubic ft. = 53.24 liters

2 1 bushel = 1.2445 cubic ft. = 35.24 liters

Surf Clams

The Council recommended a 2001

quota of 2.850 million bu (1.518 million

Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Proposed Rules 66961

hL) for surf clams, an 11-percent

increase over the 2000 quota and the

first change since 1995. This level of

quota is reflective of the quota levels

that existed during the first 5 years of

the Individual Transferable Quota (ITQ)

system (1990 to 1994). The most recent

biological assessments (from the 1997

and 1999 surveys) indicate the resource

is healthy, composed of many age

classes, and can safely sustain increased

harvests. However, the assessments

noted that the majority of the surf clam

catch is derived from one area (Northern

New Jersey) and cautioned that careful

consideration should be given to

implementing a stock-wide quota

increase in order to avoid localized

depletion of the surf clam stock. In

addressing this concern, the Council has

recommended only a slight increase of

the surf clam quota. Due to recent

evidence of sufficient recruitment, it is

felt that this level of quota will not harm

the long-term sustainability of the

resource. In 1999, the F associated with

a quota of 2.565 million bu (1.366

million hL) was approximately 0.02;

this slight quota increase may increase

the F to at most 0.03.

The proposed quota takes into

account analysis of surf clam abundance

that was part of the 30th Northeast

Regional Stock Assessment Workshop

(SAW 30). SAW 30 utilized data from

the 1999 surf clam survey, which

included work to estimate dredge

efficiency. Results from the 1999 survey

and assessment corroborate those of the

1997 survey and assessment and

provided the Council the opportunity to

safely increase the quota.

The Council continues to assume that

none of the surf clams on Georges Bank

(approximately one quarter of the total

resource) will be available in the near

future for harvesting because of

paralytic shellfish poisoning. This area

has been closed to the harvest of clams

and other shellfish since 1989, and the

Council and NMFS have no reason to

believe that it will reopen in the near

future.

Ocean Quahogs

The Council recommended a 2001

quota of 4.5 million bu (2.396 million

hL) for ocean quahogs. This quota

would be identical to that adopted for

the past 2 years, but an increase of 13

percent from the 1998 quota level. The

FMP specifies that the quota level must

comply with the ocean quahog

overfishing definition.

The 1999 quota yielded an F of

approximately 0.02, compared with the

F threshold of 0.04 contained in the

overfishing definition. The specific F

associated with the 2001 quota is

expected to be close to the F in 1999

because a similar proportion of the

biomass remains unexploited.

The Atlantic surf clam and ocean

quahog quotas are specified in standard

bushels of 53.24 liters per bushel, while

the Maine mahogany ocean quahog

quota is specified in ‘‘Main’’ bushels of

35.24 liters per bushel. Because Maine

mahogany ocean quahogs are the same

species as ocean quahogs, both fisheries

are combined and share the same ocean

quahog overfishing definition. When the

two quota amounts are added, the total

allowable harvest is still lower than the

level that would result in overfishing for

the entire stock, as previously defined

in the ocean quahog overfishing

definition.

The Council proposed a 2001 ocean

quahog quota based on the analysis of

abundance for that species found in the

draft report of the 31st Northeast

Regional Stock Assessment Workshop

(SAW 31), concluded in August 2000.

Similar to surf clams, SAW 31 and the

assessment from the 1997 survey (SAW

27) included work to estimate dredge

efficiency and showed a significant

increase in the estimate of ocean quahog

biomass. Although 36 percent of the

resource is located on Georges Bank,

SAW 31 did not question whether

Georges Bank would ever be reopened.

The resource is of sufficient size overall

that the proportion of ocean quahogs

that exists on Georges Bank is not

necessary to meet the Council’s 30-year

supply policy. It is estimated that, even

when excluding the ocean quahog

resource portion on Georges Bank,

around 80 percent of the virgin biomass

remains after 2 decades of harvesting

these long-lived creatures.

Although SAW 31 showed that the

ocean quahog quota could have been

increased beyond the 2000 quota level,

the Council did not recommend any

change for 2001 because of four major

factors: (1) The 1999 quota was not

constraining to the industry; (2) nearly

all industry members supported the 4.5-

million bu (2.396- million hL) harvest

level; (3) repeated concern was

expressed by the industry over the

continued lack of apparent ocean

quahog recruitment south of Georges

Bank; and (4) unless prices or

technology changes significantly in the

near future, it is unlikely that the ocean

quahog fishery extractions in the past

are sustainable because those

extractions have been dependent on rich

virgin beds.

The Council recommended that the

Maine mahogany ocean quahog quota

remain unchanged from the 2000 quota

level at 100,000 Maine bu (35,240 hL)

for 2001. There has been no attempt yet

to develop and conduct a scientific

survey of the extent of the Maine

resource. From the information

currently available, maintaining the

quota at its current maximum level for

another year will not seriously constrain

the fishery or endanger the resource. To

increase the quota beyond the current

maximum level of 100,000 bu (35,240

hL) will require a scientific survey and

assessment led by the State of Maine.

Classification

This action is authorized by 50 CFR

part 648 and has been determined to be

not significant for purposes of E.O.

12866.

The Council prepared an Initial

Regulatory Flexibility Analysis (IRFA)

in section 5.0 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, and the legal

basis for this action are contained at the

beginning of the SUPPLEMENTARY

INFORMATION section. A summary of the

IRFA follows:

In 1999, a total of 45 vessels reported

harvesting surf clams or ocean quahogs

from Federal waters under an ITQ

system. Average 1999 gross income from

surf clam harvests was $646,701 per

vessel. Average 1999 gross income from

ocean quahog harvests was $691,316 per

vessel. In the small artisanal fishery for

ocean quahogs in Maine, 38 vessels

reported harvests in the clam logbooks,

with an average value of $68,097 per

boat. All of these vessels are small

entities. The Council recommends no

change in the 2001 quotas for ocean

quahogs or Maine mahogany ocean

quahogs from their present 2000 quotas

of 4.500 and 0.100 million bu (2.396

million hL and 35,240 hL), respectively.

The Council recommends an 11-percent

increase in the surf clam quota from

2.565 million bu to 2.85 million bu

(1.366 million hL to 1.518 million hL).

Since the 1999 harvest level of 3.772

million bu (2.0 million hL) for ocean

quahogs is below the 2001 proposed

quota and the Council assumes that no

changes in fishing effort or yield-toeffort will take place in 2000, the

Council believes that the 2001 proposed

quota will yield a surplus quota

available to vessels participating in the

ocean quahog fishery. In addition, the

Maine mahogany quahog fishery 1999

harvest level of 0.094 million Maine bu

(33,134 hL) is slightly below the 2001

proposed quota, and preliminary

landings reports for 2000 suggest that

the Maine fishery may reach the 0.100-

million Maine bu (35,240 hL) quota

level allocated to the fishery before the

year ends. However, fishermen may

66962 Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Proposed Rules

continue harvesting after the mahogany

quahog is reached, provided they

purchase allocation from the ITQ

portion of the ocean quahog fishery.

In the case of the surf clam fishery,

nearly 99 percent, or 2.538 million bu

(1.351 million hL), of the 1999

allocation of 2.565-million bu (1.366-

million hL) quota was harvested.

Preliminary trends for 2000 suggest that

the quota will likely be harvested this

year as well. Due to the scarcity of dense

ocean quahog beds inshore, the surf

clam industry has been increasingly

shifting its focus away from the

harvesting of ocean quahogs and has

begun harvesting an increased number

of surf clams. Therefore, the Council

believes that the market can now absorb

the 2001 proposed quota increase of 11

percent.

The Council analyzed four ocean

quahog quota alternatives, in addition to

the preferred 4.500-million bu (2.396-

million hL) option, including 4.000,

4.250, 4.750, and 6.000 million bu

(2.129, 2.263, 2.529, and 3.195 million

hL). The minimum allowable quota

specified in the current OY range is 4.0

million bu (2.129 million hL) of ocean

quahogs. Adoption of this quota would

represent a 12-percent decrease from the

current 4.5-million bu (2.396-million

hL) quota and, assuming the entire

quota is harvested, a 6.1-percent

increase in harvest from the 1999

harvest level of 3.770 million bu (2.0

million hL). This alternative would take

the most conservative approach to

managing the fishery that is currently

available to the Council. Adopting the

maximum allowable quota of 6.000

million bu (3.195 million hL) for ocean

quahogs would represent a 33-percent

increase in allowable harvest and a 59-

percent increase in landings from 1999,

assuming all the quota is taken. The

industry does not have a market

available to absorb such a massive

increase in landings and may not have

the vessel capacity necessary to harvest

a quota this large. All of the alternatives,

including the preferred alternative,

would yield increased revenues relative

to revenues from actual landings.

The Council identified four surf clam

quota alternatives in addition to the

preferred alternative of 2.850 million bu

(1.518 million hL), including 1.850,

2.365, 2.565, and 3.400 million bu

(0.985, 1.259, 1.366, and 1.810 million

hL). The minimum allowable quota

specified in the current OY range is

1.850 million bu (0.985 million hL) of

surf clams. Adoption of this quota

would represent a 28-percent decrease

from the current 2.565-million bu

(1.366-million hL) quota, and a 27-

percent decrease from the 1999 harvest

level of 2.538 million bu (1.351 million

hL). Assuming that demand is price

elastic, a reduction in quota of this

magnitude would have a substantially

negative impact on overall exvessel

revenues. Adoption of the 2.365-million

bu (1.259-million hL) quota would most

likely have a limited impact on small

entities, since it is identical to 1998 base

year landings of 2.365 million bu (1.259

million hL). Adopting the maximum

allowable quota of 3.40 million bu

(1.810 million hL) for surf clams would

allow for a 33-percent increase in

harvest. The preferred alternative allows

for the 11-percent increase of 2.565 to

2.85 million bu (1.366 million hL to

1.518 million hL). In summation, the

Council determined that the only

alternative that would significantly

negatively impact revenues to vessels is

the 1.850-million bu (0.985-million hL)

alternative for surf clams. The status

quo quota and the slight reduction

alternative would be restrictive and

have a slight impact on revenues. The

resource can support the 11-percent

increase in landings proposed in the

preferred alternative, and the industry

believes it can utilize this additional

product and thus have a beneficial

impact for the Nation.

The FMP specifies that the maximum

quota for Maine mahogany ocean

quahogs is 100,000 Maine bu (35,240

hL) and that an increase of the quota

would require a scientific survey and

stock assessment of the Maine

mahogany ocean quahog resource. An

assessment has not been completed,

and, therefore, the Council did not look

at higher alternative quotas for this

fishery. The Council staff analyzed two

smaller Maine mahogany ocean quahog

quota alternatives, in addition to the

preferred 100,000-Maine bu (35,240-hL)

option, including 50,000 Maine bu

(17,624 hL) and 72,466 Maine bu

(25,543 hL). Maine mahogany ocean

quahog fishermen may supplement their

quota by purchasing or renting ocean

quahog quota from ITQ holders.

Therefore, any quota below the 1999

landing level of 93,938 bu (33,112 hL)

would most likely cause a decrease in

revenues to individual vessels, while a

quota greater than that level could cause

an increase.

Nine to 12 processors participated in

the surf clam and ocean quahog

fisheries. However, five firms are

responsible for the vast majority of

purchases in the exvessel market and

sale of processed clam products in

appropriate wholesale markets. Impacts

to surf clams 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 price

elastic and revenues, resulting in

revenue increases or decreases with

changes in price.

In 2000, surf clam allocation holders

totaled 106, while 65 firms or

individuals held ocean quahog

allocation. If the recommended quotas

are accepted (i.e., no change from 2000

quotas on ocean quahogs, Maine

mahogany ocean quahogs, and a slight

increase of 11 percent for surf clams), it

is likely that impacts to allocation

holders or buyers will be minimal.

Theoretically, increases in quota would

most likely benefit those who must

purchase quota through lower prices

(values) and negatively impact sellers of

quota because the quota would be

reduced in value. Decreases in quota

would most likely have an opposite

effect.

This proposed rule would not impose

any new reporting, recordkeeping, or

other compliance requirements.

Therefore, the costs of compliance

would remain unchanged.

The President has directed Federal

agencies to use plain language in their

communications with the public,

including regulations. To comply with

this directive, we seek public comment

on any ambiguity or unnecessary

complexity arising from the language

used in this proposed rule. Such

comments should be sent to Patricia A.

Kurkul, the Regional Administrator (see

ADDRESSES).

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

Dated: November 1, 2000.

William T. Hogarth,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–28675 Filed 11–7–00; 8:45 am]

BILLING CODE: 3510–22–S