Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations 27481

listed in this document will be

published subsequently in the Order.

The Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment and, therefore, is

issuing it as a direct final rule. Previous

actions of this nature have not been

controversial and have not resulted in

adverse comments or objections. The

amendment will enhance safety for all

flight operations by designating an area

where VFR pilots may anticipate the

presence of IFR aircraft at lower

altitudes, especially during inclement

weather conditions. A greater degree of

safety is achieved by depicting the area

on aeronautical charts. Unless a written

adverse or negative comment, or a

written notice of intent to submit an

adverse or negative comment is received

within the comment period, the

regulation will become effective on the

date specified above. After the close of

the comment period, the FAA will

publish a document in the Federal

Register indicating that no adverse or

negative comments were received and

confirming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, an adverse or negative comment,

or written notice of intent to submit

such a comment, a document

withdrawing the direct final rule will be

published in the Federal Register, and

a notice of proposed rulemaking may be

published with a new comment period.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by a

notice of proposed rulemaking,

comments are invited on this rule.

Interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended or withdrawn

in light of the comments received.

Factual information that supports the

commenter’s ideas and suggestions is

extremely helpful in evaluating the

effectiveness of this action and

determining whether additional

rulemaking action would be needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy-related

aspects of the rule that might suggest a

need to modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

action will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 98–ACE–16’’. The postcard

will be date stamped and returned to the

commenter.

Agency Findings

The regulations adopted herein will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is noncontroversial and

unlikely to result in adverse or negative

comments. For the reasons discussed in

the preamble, I certify that this

regulation (1) is not a ‘‘significant

regulatory action’’ under Executive

Order 12866; (2) is not a ‘‘significant

rule’’ under Department of

Transportation (DOT) Regulatory

Policies and Procedures (44 FR 11034,

February 26, 1979); and (3) if

promulgated, will not have a significant

economic impact, positive or negative,

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

Accordingly, the Federal Aviation

Administration amends 14 CFR part 71

as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ACE NE E5 Ainsworth, NE [Revised]

Ainsworth Municipal Airport, NE

(Lat. 42°34′45′′N., long. 99°59′35′′W.)

Ainsworth VOR/DME

(Lat. 42°34′09′′N., long. 99°59′23′′W.)

That airspace extending upward from 700

feet above the surface within a 6.8-mile

radius of Ainsworth Municipal Airport and

within 2.6 miles each side of the 198° radial

of the Ainsworth VOR/DME extending from

the 6.8-mile radius to 7 miles south of the

airport and within 2.6 miles each side of the

348° radial of the Ainsworth VOR/DME

extending from the 6.8-mile radius to 7 miles

north of the airport.

* * * * *

Issued in Kansas City, MO, on April 23,

1998.

Christopher R. Blum,

Acting Manager, Air Traffic Division, Central

Region.

[FR Doc. 98–13271 Filed 5–18–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 980212038–8117–02; I.D.

020298A]

RIN 0648–AF41

Fisheries of the Northeastern United

States; Amendment 10 to the Fishery

Management Plan for the Atlantic Surf

Clam and Ocean Quahog Fisheries

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; notice of suspension

of notification requirements for Maine

mahogany quahog vessels.

SUMMARY: NMFS issues this final rule

implementing Amendment 10 to the

Fishery Management Plan for the

Atlantic Surf Clam and Ocean Quahog

Fisheries (FMP). Amendment 10

establishes management measures for
27482 Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations

the fishery for small ocean quahogs

(mahogany quahogs), which occurs off

the coast of Maine, north of 43°50′ N.

lat.

NMFS announces that, as authorized

in Amendment 10, the notification (callin) requirements for vessels fishing

under a Maine mahogany quahog permit

are suspended.

DATES: Effective on May 21, 1998.

ADDRESSES: Copies of Amendment 10

and its supporting documents,

including the environmental assessment

and the regulatory impact review, are

available from Dr. Chris Moore, Acting

Executive Director, Mid-Atlantic

Fishery Management Council (Council),

Room 2115 Federal Building, 300 S.

New Street, Dover, DE 19904–6790.

Comments regarding burden-hour

estimates for collection-of-information

requirements contained in this final rule

should be sent to Dr. Andrew A.

Rosenberg, Regional Administrator, 1

Blackburn Drive, Gloucester, MA 01930,

and the Office of Information and

Regulatory Affairs, Office of

Management and Budget (OMB),

Washington, D.C. 20502 (Attention:

NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT:

Myles Raizin, Fishery Policy Analyst,

978–281–9104.

SUPPLEMENTARY INFORMATION:

Background

A notice of availability of Amendment

10 was published in the Federal

Register on February 9, 1998 (63 FR

6510), with the comment period ending

April 10, 1998. A proposed rule to

implement Amendment 10 was

published in the Federal Register on

February 26, 1998 (63 FR 9771), with

the comment period ending April 13,

1998. All comments received by the end

of the comment period on the proposed

amendment, whether specifically

directed to Amendment 10 or to the

proposed rule, were considered in

making the decision to approve the

amendment. Details concerning the

justification and development of

Amendment 10 were provided in the

preamble to the proposed rule and are

not repeated here.

Amendment 10: (1) Establishes a

Maine mahogany quahog management

zone north of 43°50′ N. lat. (zone); (2)

establishes a Maine mahogany quahog

permit; (3) establishes an initial annual

quota of 100,000 Maine bushels (35,150

hectoliters (hL)); (4) requires the

Council to establish a Maine Mahogany

Quahog Advisory Panel to make

management recommendations; (5)

allows for the revision of the annual

quota within a range of 17,000 to

100,000 Maine bushels (5,975 to 35,150

hL); (6) requires vessels harvesting

ocean quahogs from the zone to fish

only in areas that have been certified by

the State of Maine to be within the

requirements of the National Shellfish

Sanitation Program and adopted by the

Interstate Shellfish Sanitation

Conference (ISSC) as acceptable limits

for the toxin responsible for paralytic

shellfish poisoning (PSP); (7) requires

vessels fishing under a Maine mahogany

quahog permit to land ocean quahogs in

Maine; (8) requires vessels fishing in the

zone under an individual transferable

quota (ITQ) and landing their catch

outside Maine to land at a facility

participating in an overall food safety

program operated by the official state

agency having jurisdiction that utilizes

food safety-based procedures including

sampling and analyzing for PSP toxin

consistent with those food safety-based

procedures used by the State of Maine

for such purpose; and (9) gives the

Administrator, Northeast Region, NMFS

(Regional Administrator) the authority

to suspend the existing vessel

notification requirements for vessels

possessing a Maine mahogany quahog

permit and fishing in the zone, if he

determines it is not necessary for

enforcement.

In addition to these management

measures, all vessel owners prosecuting

the Maine mahogany quahog fishery

must continue to abide by the vessel

owner and dealer reporting and

recordkeeping requirements set forth in

50 CFR part 648.

Comments and Responses

Twenty-six comments were received

during the comment periods on

Amendment 10 and the proposed rule.

This includes 21 commenters who

submitted identical letters. Twenty-five

commenters supported the amendment

and one was opposed, though several

requested modification of specific

measures. Twenty-five commenters

raised concerns regarding the

replacement provisions.

Comment 1: The Commissioner of the

Maine Department of Marine Resources

(Commissioner) commented that the

initial quota of 100,000 Maine bushels

(35,150 hL) and its potential subsequent

adjustment of between 17,000 and

100,000 Maine bushels (5,975 and

35,150 hL) is somewhat arbitrary

because it is based solely upon

historical landings. Quota calculations

based upon sustainable yields,

independent from the initial quota, are

encouraged by the amendment but may

be in excess of 100,000 or less than

17,000 Maine bushels. The

Commissioner asks that the regulations

be modified so that the quota can be

adjusted beyond the amounts specified.

Response: As explained in

Amendment 10, a reliable survey of

abundance has not been conducted for

the Maine stock of mahogany quahogs.

Historical landings information based

on NMFS and State of Maine records

comprise the best scientific information

available to set quotas, consistent with

national standard 2 of the MagnusonStevens Act Fishery Conservation and

Management Act (Magnuson-Stevens

Act). Such historical data are not

arbitrary. Amendment 10 notes that a

stock assessment could result in the

modification of the quota range and that

such a modification would have to be

made by a subsequent amendment to

Amendment 10. NMFS has no authority

to make such a change prior to that

amendment process.

Comment 2: Industry participants and

the Commissioner commented that the

vessel replacement provisions in the

proposed rule are in violation of

national standards 5, 6, and 10 of the

Magnuson-Stevens Act. The industry

participants noted that they should have

the right to upgrade their vessels to meet

changing needs.

Response: NMFS notes that various

restrictions on vessel replacement are in

effect for nearly all the limited entry

fisheries managed under authority of the

Magnuson-Stevens Act. In regard to

national standard 5, which requires that

management measures consider

economic efficiency where practicable,

the commenters may be correct in

assuming that certain vessel owners

would increase the economic efficiency

of their vessels by replacing them with

larger ones, though in a small-scale

fishery such as this there may be limits

to the improvements. However, limits

on increases in vessel length, tonnage,

and horsepower are implemented to

protect fish stocks by indirectly

controlling fishing capacity.

National standard 6 requires that

management measures take into account

and allow for variations among, and

contingencies in, fisheries, fishery

resources, and catches. Amendment 10

achieves this through establishing an

annual quota-setting mechanism. The

amendment sets a maximum initial

quota consistent with historical

landings. Quota increases can occur

once accurate biomass estimates are

produced. Quota decreases from the

maximum 100,000 bushel initial quota

can occur annually based on the advice

of the Maine Ocean Quahog Advisory

Panel through the Surf Clam and Ocean

Quahog Committee. Variations among,

and contingencies in, both the resource

and catches could result in annual
Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations 27483

changes to the frameworked maximum

annual quota, or result in initiation of

the amendment process.

National standard 10 requires that

management measures promote the

safety of human life at sea. The

commenter’s assertion that larger

vessels are safer is not necessarily true.

Safety is more of the seaworthiness

function of a vessel than its size.

While the measure has been

approved, NMFS remains concerned

about the provision concerning future

replacement of a vessel issued a Maine

mahogany quahog permit. NMFS noted

that the measure is inconsistent with

similar measures in other fishery

management plans in the region,

including recent plans enacted by the

Council for the black sea bass and

summer flounder fisheries. NMFS

believes this issue will be resolved by

the amendment the Mid-Atlantic and

New England Fishery Management

Councils have begun to develop to

standardize these requirements.

Comment 3: One industry participant

suggested that the size of the Maine

bushel should be equal to that of the

standard clam bushel used in the MidAtlantic region.

Response: The Maine mahogany

fishery has historically utilized a bushel

measuring 1.2445 cubic feet in volume,

smaller than the standard clam bushel,

which measure 1.8800 cubic feet in

volume. NMFS sees no need to make

this change and believes it could create

confusion in the industry and

undermine the accuracy of monitoring

and reporting efforts.

Comment 4: One commenter believes

that harvest by State of Maine licensed

vessels in State waters should not count

against the 100,000 Maine bushel initial

quota.

Response: NMFS notes that the initial

quota of 100,000 Maine bushels is based

upon historical landings from both State

of Maine and Federal waters. Therefore,

landings from both State and Federal

waters must be counted against the

quota. Several fishery management

plans, such as those for Summer

Flounder and Scup use an aggregate of

state and Federal landings in

establishing and monitoring annual

quotas.

Comment 5: Twenty-three

commenters, including the

Commissioner, requested the

suspension of the trip notification

requirements in the final rule.

Response: As authorized by

Amendment 10, the Regional

Administrator has suspended the

notification requirement for the Maine

mahogany quahog fishery.

Suspension of Notification

Requirements

The Regional Administrator, pursuant

to 50 CFR 648.15(b)(4), may suspend the

trip notification requirements found at

50 CFR 648.15 (b)(1) and (2) for vessels

issued a Maine mahogany quahog

permit fishing within the zone if it is

not deemed necessary for enforcement.

Based on advice from NMFS Law

Enforcement, the Regional

Administrator has suspended these

notification requirements. If NMFS Law

Enforcement advises in the future that

such notification is necessary to enforce

effectively the management measures in

the Maine mahogany quahog zone, the

Regional Administrator advises that the

notification requirements will be reestablished for the fishery as specified

in the final rule. The vessel notification

requirements remain in effect for vessels

fishing under an ITQ allocation permit

irrespective of area fished.

Classification

The Regional Administrator

determined that Amendment 10 is

necessary for the conservation and

management of the Maine mahogany

quahog fishery and that it is consistent

with the Magnuson-Stevens Act and

other applicable laws.

This final rule has been determined to

be not significant for purposes of E.O.

12866.

This rule contains collection-ofinformation requirements subject to the

Paperwork Reduction Act (PRA). The

collection of this information has been

approved by the Office of Management

and Budget, OMB Control Number

0648–0202. Public reporting burden for

these collections-of-information is

estimated to average 30 minutes for a

new vessel permit, 30 minutes for an

appeal, and 15 minutes for a renewal

application for a permit. The estimated

response time includes the time needed

for reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the

collection-of-information. Send

comments regarding these burden

estimates or any other aspect of the data

requirements, including suggestions for

reducing the burden to NMFS and OMB

(see ADDRESSES).

Notwithstanding any other provision

of law, no person is required to respond

to nor shall a person be subject to a

penalty for failure to comply with a

collection of information subject to the

requirements of the PRA unless that

collection of information displays a

currently valid OMB control number.

When this rule was proposed, the

Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

rule would not have a significant

economic impact on a substantial

number of small entities. No comments

were received regarding this

certification. As a result, a regulatory

flexibility analysis was not prepared.

Amendment 10 relieves several

restrictions for participants in the Maine

mahogany quahog fishery. These

include the use of 32-bushel cages to

offload quahogs and the placement of

tags on cages to indicate that the harvest

is counted toward the appropriate

individual allocation. In particular, the

requirement to use 32-bushel cages is

infeasible for the smaller Maine

mahogany quahog vessel and docks due

to the cage size. In addition, mahogany

quahog vessels harvest on a small scale,

and it is inappropriately restrictive to

use a 32-bushel container to measure

landings.

The implementation of Amendment

10 regulations will relieve an economic

restriction for approximately 68 vessels,

which will no longer be subject to

requirements under the FMP.

Accordingly, under 5 U.S.C. 553(d)(1), it

is not subject to a 30-day delay in

effective date. However, since many

vessel owners that comprise the fishery

will require additional time to obtain

the moratorium permit, NMFS makes

this rule effective May 21, 1998.

List of Subjects

15 CFR Part 902

Reporting and recordkeeping

requirements.

50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: May 13, 1998.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble 15 CFR chapter IX and 50 CFR

chapter VI are amended as follows:

15 CFR CHAPTER IX

PART 902—NOAA INFORMATION

COLLECTION REQUIREMENT UNDER

THE PAPERWORK REDUCTION ACT;

OMB CONTROL NUMBERS

1. The authority citation for part 902

continues to read as follows:

Authority: 44 U.S.C. 3501 et seq.

2. In § 902.1, in paragraph (b), the

table is amended by adding, in
27484 Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations

numerical order, the following entry to

read as follows:

§ 902.1 OMB control numbers assigned

pursuant to the Paperwork Reduction Act.

* * * * *

(b) * * *

CFR part section

where the information

collection requirement

is located

Current OMB control

number (all numbers

Begin with 0648–).

50 CFR

648.76 ....................... –0202

50 CFR CHAPTER VI

PART 648—FISHERIES OF

NORTHEASTERN UNITED STATES

3. The authority citation for part 648

continues to read as follows:

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

4. In § 648.2, definitions for ‘‘Maine

bushel’’ and ‘‘Maine mahogany quahog

zone’’ are added in alphabetical order to

read as follows:

§ 648.2 Definitions.

* * * * *

Maine bushel means a standard unit

of volumetric measurement equal to

1.2445 cubic feet (35.24 L) of ocean

quahogs in the shell.

Maine mahogany quahog zone means

the area bounded on the east by the

U.S.-Canada maritime boundary, on the

south by a straight line at 43°50′ N.

latitude, and on the north and west by

the shoreline of Maine.

* * * * *

5. In § 648.4, paragraph (a)(4)(i) is

added and (a)(4)(ii) is reserved to read

as follows:

§ 648.4 Vessel and individual commercial

permits.

(a) * * *

(4) * * *

(i) Maine mahogany quahog permit.

(A) A vessel is eligible for a Maine

mahogany quahog permit to fish for

ocean quahogs in the Maine mahogany

quahog zone if it meets the following

eligibility criteria:

(1) The vessel was issued a Federal

Maine Mahogany Quahog Experimental

Permit during one of the experimental

fisheries authorized by the Regional

Administrator between September 30,

1990, and September 30, 1997; and,

(2) The vessel landed at least one

Maine bushel of ocean quahogs from the

Maine mahogany quahog zone as

documented by fishing or shellfish logs

submitted to the Regional Administrator

prior to January 1, 1998.

(B) Application/renewal restriction.

No one may apply for a Maine

mahogany quahog permit for a vessel

after May 19, 1999.

(C) Replacement vessels. To be

eligible for a Maine mahogany quahog

permit, a replacement vessel must be

replacing a vessel of substantially

similar harvesting capacity that is

judged unseaworthy by the USCG, for

reasons other than lack of maintenance,

or that involuntarily left the fishery.

Both the entering and replaced vessels

must be owned by the same person.

Vessel permits issued to vessels that

involuntarily leave the fishery may not

be combined to create larger

replacement vessels.

(D) Appeal of denial of a permit. (1)

Any applicant denied a Maine

mahogany quahog permit may appeal to

the Regional Administrator within 30

days of the notice of denial. Any such

appeal shall be in writing. The only

ground for appeal is that the Regional

Administrator’s designee erred in

concluding that the vessel did not meet

the criteria in paragraph (a)(4)(i)(A) of

this section. The appeal must set forth

the basis for the applicant’s belief that

the decision of the Regional

Administrator’s designee was made in

error.

(2) The appeal may be presented, at

the option of the applicant, at a hearing

before an officer appointed by the

Regional Administrator.

(3) The hearing officer shall make a

recommendation to the Regional

Administrator.

(4) The Regional Administrator will

make a final decision based on the

criteria in paragraph (a)(4)(i)(A) of this

section and on the available record,

including any relevant documentation

submitted by the applicant and, if a

hearing is held, the recommendation of

the hearing officer. The decision on the

appeal by the Regional Administrator is

the final decision of the Department of

Commerce.

(ii) [Reserved]

* * * * *

6. In § 648.14, paragraphs (a)(23), (24),

and (25) are revised, paragraphs (a)(105)

through (109) and paragraph (a)(113) are

added, and paragraph (x)(1)(ii) and the

first sentence of paragraph (x)(1)(iii) are

revised to read as follows:

§ 648.14 Prohibitions.

(a) * * *

(23) Land unshucked surf clams or

ocean quahogs harvested in or from the

EEZ outside the Maine mahogany

quahog zone in containers other than

cages from vessels capable of carrying

cages.

(24) Land unshucked surf clams and

ocean quahogs harvested in or from the

EEZ within the Maine mahogany

quahog zone in containers other than

cages from vessels capable of carrying

cages unless, with respect to ocean

quahogs, the vessel has been issued a

Maine mahogany quahog permit under

this part and is not fishing for an

individual allocation of quahogs under

§ 648.70.

(25) Fail to comply with any of the

notification requirements specified in

§ 648.15(b).

* * * * *

(105) Offload unshucked surf clams or

ocean quahogs harvested in or from the

EEZ outside the Maine mahogany

quahog zone from vessels not capable of

carrying cages, other than directly into

cages.

(106) Offload unshucked surf clams

harvested in or from the EEZ within the

Maine mahogany quahog zone from

vessels not capable of carrying cages,

other than directly into cages.

(107) Offload unshucked ocean

quahogs harvested in or from the EEZ

within the Maine mahogany quahog

zone from vessels not capable of

carrying cages, other than directly into

cages, unless the vessel has been issued

a Maine mahogany quahog permit under

this part and is not fishing for an

individual allocation of quahogs under

§ 648.70.

(108) Purchase, receive for a

commercial purpose other than

transport to a testing facility, or process,

or attempt to purchase, receive for

commercial purpose other than

transport to a testing facility, or process,

outside Maine, ocean quahogs harvested

in or from the EEZ within the Maine

mahogany quahog zone, except at a

facility participating in an overall food

safety program, operated by the official

state agency having jurisdiction, that

utilizes food safety-based procedures

including sampling and analyzing for

PSP toxin consistent with procedures

used by the State of Maine for such

purpose.

(109) Land or possess ocean quahogs

harvested in or from the EEZ within the

Maine mahogany quahog zone after the

effective date published in the Federal

Register notifying participants that

Maine mahogany quahog quota is no

longer available, unless the vessel is

fishing for an individual allocation of

ocean quahogs under § 648.70.

* * * * *

(113) Land ocean quahogs outside

Maine that are harvested in or from the
Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations 27485

EEZ within the Maine mahogany

quahog zone, except at a facility

participating in an overall food safety

program, operated by the official state

agency having jurisdiction, that utilizes

food safety-based procedures including

sampling and analyzing for PSP toxin

consistent with procedures used by the

State of Maine for such purpose.

* * * * *

(x) * * *

(1) * * *

(ii) Surf clams or ocean quahogs

landed from a trip for which notification

was provided under § 648.15(b) or

§ 648.70(b) are deemed to have been

harvested in the EEZ and count against

the individual’s annual allocation

unless the vessel has a valid Maine

mahogany quahog permit issued

pursuant to § 648.4(a)(4)(i) and is not

fishing for an individual allocation

under § 648.70.

(iii) Surf clams or ocean quahogs

found in cages without a valid state tag

are deemed to have been harvested in

the EEZ and are deemed to be part of an

individual’s allocation, unless the vessel

has a valid Maine mahogany quahog

permit issued pursuant to

§ 648.4(a)(4)(i) and is not fishing for an

individual allocation under § 648.70; or,

unless the preponderance of available

evidence demonstrates that he/she has

surrendered his/her surf clam and ocean

quahog permit issued under § 648.4 and

he/she conducted fishing operations

exclusively within waters under the

jurisdiction of any state. * * *

* * * * *

7. In § 648.15, paragraph (b)(4) is

added to read as follows.

§ 648.15 Facilitation of enforcement.

* * * * *

(b) * * *

(4) Suspension of notification

requirements. The Regional

Administrator may suspend notification

requirements for vessels fishing under a

Maine mahogany quahog permit issued

pursuant to § 648.4(a)(4)(i) if he

determines that such notification is not

necessary to enforce effectively the

management measures in the Maine

mahogany quahog zone. The Regional

Administrator may rescind such

suspension if he concludes that the

original determination is no longer

valid. A suspension or recision of

suspension of the notification

requirements by the Regional

Administrator shall be published in the

Federal Register.

* * * * *

8. In § 648.73, paragraph (d) is added

to read as follows.

§ 648.73 Closed areas.

* * * * *

(d) Areas closed due to the presence

of paralytic shellfish poisoning toxin—

(1) Maine mahogany quahog zone. The

Maine mahogany quahog zone is closed

to fishing for ocean quahogs except in

those areas of the zone that are tested by

the State of Maine and deemed to be

within the requirements of the National

Shellfish Sanitation Program and

adopted by the Interstate Shellfish

Sanitation Conference as acceptable

limits for the toxin responsible for

paralytic shellfish poisoning. Harvesting

is allowed in such areas during the

periods specified by the Maine

Department of Marine Resources during

which quahogs are safe for human

consumption. For information regarding

these areas contact the State of Maine

Division of Marine Resources at (207–

624–6550).

(2) [Reserved]

9. In § 648.75, introductory text is

added to read as follows:

§ 648.75 Cage identification.

Except as provided in § 648.76, the

following cage identification

requirements apply to all vessels issued

a Federal fishing permit for surf clams

and ocean quahogs:

* * * * *

10. Section 648.76 is added to subpart

E to read as follows.

§ 648.76 Maine mahogany quahog zone.

(a) Landing requirements. (1) A vessel

issued a valid Maine mahogany quahog

permit pursuant to § 648.4(a)(4)(i), and

fishing for or possessing ocean quahogs

within the Maine mahogany quahog

zone, must land its catch in the State of

Maine.

(2) A vessel fishing under an

individual allocation permit, regardless

of whether it has a Maine mahogany

quahog permit, fishing for or possessing

ocean quahogs within the zone, may

land its catch in the State of Maine, or,

consistent with applicable state law in

any other state that utilizes food safetybased procedures including sampling

and analyzing for PSP toxin consistent

with those food safety-based procedures

used by the State of Maine for such

purpose, and must comply with all

requirements in §§ 648.70 and 648.75.

Documentation required by the state

and other laws and regulations

applicable to food safety-based

procedures must be made available by

federally-permitted dealers for

inspection by NMFS .

(b) Quota monitoring and closures—

(1) Catch quota. (i) The annual quota for

harvest of mahogany quahogs from

within the Maine mahogany quahog

zone is 100,000 Maine bushels (35,150

hL). The quota may be revised annually

within the range of 17,000 and 100,000

Maine bushels (5,975 and 35,150 hL)

following the procedures set forth in

§ 648.71.

(ii) All mahogany quahogs landed for

sale in Maine by vessels issued a Maine

mahogany quahog permit and not

fishing for an individual allocation of

ocean quahogs under § 648.70 shall be

applied against the Maine mahogany

quahog quota, regardless of where the

mahogany quahogs are harvested.

(iii) All mahogany quahogs landed by

vessels fishing in the Maine mahogany

quahog zone for an individual allocation

of quahogs under § 648.70 will be

counted against the ocean quahog

allocation for which the vessel is

fishing.

(iv) The Regional Administrator will

monitor the quota based on dealer

reports and other available information

and shall determine the date when the

quota will be harvested. NMFS shall

publish notification in the Federal

Register advising the public that,

effective upon a specific date, the Maine

mahogany quahog quota has been

harvested and notifying vessel and

dealer permit holders that no Maine

mahogany quahog quota is available for

the remainder of the year.

(2) Maine Mahogany Quahog

Advisory Panel. The Council shall

establish a Maine Mahogany Quahog

Advisory Panel consisting of

representatives of harvesters, dealers,

and the Maine Department of Marine

Resources. The Advisory Panel shall

make recommendations, through the

Surf Clam and Ocean Quahog

Committee of the Council, regarding

revisions to the annual quota and other

management measures.

[FR Doc. 98–13284 Filed 5–14–98; 4:41 pm]

BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Part 622

[Docket No. 980513127-8127-01;

I.D.050598A]

RIN 0648–AL15

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Shrimp

Fishery of the Gulf of Mexico; Data

Collection

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and