[Federal Register Volume 62, Number 57 (Tuesday, March 25, 1997)]
[Proposed Rules]
[Pages 14103-14104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7531]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 031497B]


Mid-Atlantic Fishery Management Council; Public Hearings

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Public hearings; request for comments.

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SUMMARY: The Mid-Atlantic Fishery Management Council (Council) will 
hold public hearings to allow for input on proposed Amendment 10 to the 
Fishery Management Plan for the Atlantic Surf Clam and Ocean Quahog 
Fishery (FMP).

DATES: Written comments will be accepted until May 2, 1997. The public 
hearings will being at 7 p.m. and will be tape recorded with the tapes 
filed as the official transcript of the hearings. The hearings are 
scheduled as follows:
    1. Tuesday, April 8, 1997, Machias, ME
    2. Wednesday, April 9, 1997, Ellsworth, ME
    3. Monday, April 14, 1997, Cape May Courthouse, NJ

ADDRESSES: Send comments to: David R. Keifer, Executive Director, Mid-
Atlantic Fishery Management Council, Room 2115 Federal Building, 300 
South New Street, Dover, DE 19904-6790.
    The hearings will be held at the following locations:
    1. Machias--University of Maine (Science Building, Room 202), 9 
O'Brien Avenue, Machias, ME, telephone 207-255-1200.
    2. Ellsworth--Holiday Inn, 215 High Street, Ellsworth, ME, 
telephone 207-667-9341.
    3. Cape May Courthouse--Cape May Extension Office, Dennisville 
Road, Cape May Courthouse, NJ, telephone 609-465-5115.

FOR FURTHER INFORMATION CONTACT: David R. Keifer, 302-674-2331 (fax 
302-674-5399).

SUPPLEMENTARY INFORMATION: An individual transferable quota (ITQ) 
allocation system for the FMP was implemented in Amendment 8 (55 FR 
24184, June 14, 1990). It was discovered, about that time, that the 
Maine inshore ocean quahog, or ``mahogany quahog,'' fishery that 
occurred on the same species (Arctica islandica) was moving out of 
state waters into the exclusive economic zone (EEZ). This created quite 
a problem, in that the Magnuson Fishery Conservation and Management Act 
mandated that ``to the extent practical, an individual stock of fish 
shall be managed as a unit throughout its range, and interrelated 
stocks of fish shall be managed as a unit or in close coordination'' 
(National Standard 3). The small inshore Maine mahogany ocean quahog 
fishery differs profoundly from the traditional EEZ ocean quahog 
fishery that occurs on Georges Bank and south, because the mahogany 
quahogs are harvested at a much smaller average size by fishermen on a 
much smaller scale individually than in the ocean quahog fishery. The 
management tools developed during the first 20 years of Federal 
management for surf clams and ocean quahogs did not fit the Maine 
fishery well. In 1990, as a temporary expedient, it was decided to 
declare the Maine ocean quahog fishery ``experimental,'' pending a 
better and permanent solution. Amendment 10 is intended to provide that 
solution and fully integrate the Maine fishery into the FMP upon the 
expiration of the experimental fishery on September 30, 1997. Amendment 
10 would create a separate additional unit of quota (27,611 bushels, or 
less than 1 percent of the total EEZ quota) for ocean quahogs landed in 
Maine from the EEZ. There are currently no limitations on entry into 
the fishery. Vessel owners and dealers would have to obtain permits and 
comply with all reporting requirements, as has been done during the 
experimental fishery. The principal intent of Amendment 10 would be to 
preserve the artisanal nature of this fishery with the minimal amount 
of Federal intrusion necessary for the conservation and management of 
the fishery. Amendment 10 would also introduce a voluntary vessel 
tracking system (VTS) and would require mandatory operator permits.
    Participants in the Maine ocean quahog fishery would be required to 
comply with the provisions of Amendment 8 to the FMP, except as 
modified by the following proposed management measures:
    1. The Governor of the State of Maine would receive an allocation 
for ocean quahogs landed in Maine from the EEZ.
    2. The initial provisional EEZ quota (27,611 bushels) would be the 
average of the first 5 years of the experimental fishery.
    3. The State of Maine would continue to test for and certify for 
paralytic shellfish poisoning (PSP) in the ocean quahogs landed in its 
State, whether from the EEZ or Territorial Sea to ensure public health.
    4. The status of the Maine allocation would have the same legal 
status as ITQs for the remainder of the fishery. Just as those quota 
owners may make any financial arrangements that they see fit 
(consistent with governing regulations) for the harvesting of their 
quota, so could the Governor of Maine.
    5. The State of Maine would administer the EEZ quota, except that 
no program would exempt participants from any of the permitting and 
reporting requirements specified in Amendment 10 or prior amendments to 
the FMP.
    6. Non-Maine vessels that hold ITQs for quahogs would not be 
prohibited from fishing in the Federal waters off Maine but, if they 
choose to land their catch in Maine, they would be required to adhere 
to all State landings laws.

[[Page 14104]]

    7. There would be no provision to convert Maine allocation (bag 
tags) to cage tags or cage tags to bag tags.
    8. Maine reporting would be in number of ``bushels'' through bag 
tags.
    All vessels and dealers participating in the Maine fishery would be 
required to maintain and submit logbooks pursuant to Sec. 648.7(b)(ii). 
Federal reporting, as is currently required for the experimental 
fishery, would continue. Maine landing laws require all bushels of 
Maine ocean quahogs to be tagged for PSP. Maine would continue their 
bag tag program, which could be used as a basis for allocation should 
Maine decide to distribute its allocation.
    Any surf clam or ocean quahog fishermen may decide to voluntarily 
participate in a vessel tracking system (VTS) rather than the mandatory 
call-in system currently in place. The VTS requirements are specified 
at Sec. 648.9.
    All surf clam and ocean quahog fishermen would be required to have 
operator permits. Operator permit requirements are specified at 
Sec. 648.5.
    The hearings are physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to David Keifer at the Council (see ADDRESSES) at 
least 5 days prior to the hearing date.

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

    Dated: March 19,1997.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-7531 Filed 3-24-97; 8:45 am]
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