Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations 293

allocated a quota of 2,456,969 lb

(1,114,462 kg), and Massachusetts was

allocated a quota of 1,001,953 lb

(454,478 kg). The 1995 quotas for

several states were adjusted for overages

occurring in 1994, as required under

§ 625.20(d)(2), on May 26, 1994 (60 FR

27906). The Commonwealth of

Massachusetts’ quota after the

adjustment for overages was 984,246 lb

(446,446 kg). Since New Jersey’s quota

was not exceeded in 1994, its 1995

quota was unaffected by this

adjustment.

On August 30, 1995, the State of

North Carolina transferred 7,229 lb

(3,279 kg) of commercial quota to the

State of New Jersey (60 FR 45107). As

a result of that transfer, the revised

quota for New Jersey was 2,464,198 lb

(1,117,741 kg). On December 26, 1995,

New Jersey transferred 20,000 lb (9,072

kg) of its commercial quota to the State

of New York. As a result of that transfer,

the revised quota for New Jersey was

2,444,198 lb (1,108,670 kg).

The final rule implementing

Amendment 5 to the FMP was

published December 17, 1993 (58 FR

65936), and allows two or more states,

under mutual agreement and with the

concurrence of the Director, Northeast

Region, NMFS (Regional Director) to

transfer or combine summer flounder

commercial quota. The Regional

Director is required to consider the

criteria set forth in § 625.20(f)(1), in the

evaluation of requests for quota transfers

or combinations.

New Jersey has agreed to transfer

138,000 lb (62,596 kg) of its commercial

quota to Massachusetts. The Regional

Director has determined that the criteria

set forth in § 625.20(f)(1) have been met,

and publishes this notification of quota

transfer. The revised quotas for the

calendar year 1995 are: New Jersey,

2,306,198 lb (1,046,074 kg); and

Massachusetts, 1,122,246 lb (509,042

kg).

This action does not alter any of the

conclusions reached in the

environmental impact statement

prepared for Amendment 2 to the FMP

regarding the effects of summer flounder

fishing activity on the human

environment. Amendment 2 established

procedures for setting an annual

coastwide commercial quota for summer

flounder and a formula for determining

commercial quotas for each state. The

quota transfer provision was established

by Amendment 5 to the FMP and the

environmental assessment prepared for

Amendment 5 found that the action had

no significant impact on the

environment. Under section

6.02b.3(b)(i)(aa) of NOAA

Administrative Order 216–6, this action

is categorically excluded from the

requirement to prepare additional

environmental analyses. This is a

routine administrative action that

reallocates commercial quota within the

scope of previously published

environmental analyses.

Classification

This action is taken under 50 CFR

part 625 and is exempt from review

under E.O. 12866.

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

Dated: December 28, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 95–31579 Filed 12–29–95; 11:10

am]

BILLING CODE 3510–22–P

50 CFR Part 652

[Docket No. 951017252–5307–02; I.D.

101695C]

Atlantic Surf Clam and Ocean Quahog

Fisheries; 1996 Fishing Quotas

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final 1996 fishing quotas for

surf clams and ocean quahogs.

SUMMARY: NMFS issues final quotas for

the Atlantic surf clam and ocean quahog

fisheries for 1996. These quotas are

selected from a range defined as

optimum yield (OY) for each fishery.

The intent of this action is to establish

allowable harvests of surf clams and

ocean quahogs from the exclusive

economic zone in 1996.

EFFECTIVE DATES: Effective January 1,

1996, through December 31, 1996.

ADDRESSES: Copies of the Mid-Atlantic

Fishery Management Council’s analysis

and recommendations and

environmental assessment are available

from David R. Keifer, Executive

Director, Mid-Atlantic Fishery

Management Council, Room 2115,

Federal Building, 300 South New Street,

Dover, DE 19901–6790.

FOR FURTHER INFORMATION CONTACT:

Myles Raizin (Resource Policy Analyst)

508–281–9104.

SUPPLEMENTARY INFORMATION: The

Fishery Management Plan for the

Atlantic Surf Clam and Ocean Quahog

Fisheries (FMP) directs NMFS, acting on

behalf of the Secretary of Commerce

(Secretary) and 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 defined by the

FMP as the OY for each fishery. Further,

the Council follows the policy that the

quotas selected should allow fishing to

continue at that level for at least 10

years for surf clams and 30 years for

ocean quahogs. While staying within

these constraints, the quotas are also to

be set at a level that would meet the

estimated annual demand.

For surf clams, the quota must fall

within the OY range of 1.85 million

bushels (mil. bu.) (652 thousand

hectoliters (hL)) to 3.40 mil. bu. (1.2 mil.

hL). For ocean quahogs, the quota must

fall within the OY range of 4.00 mil. bu.

(1.4 mil. hL) to 6.00 mil. bu. (2.1 mil.

hL). These ranges are specified in 50

CFR 652.21 (a) and (b).

During its discussions of the 1996

quota recommendations, the Council

began developing new overfishing

definitions for both species managed

under the FMP. Overfishing is presently

defined for both species in terms of

actual yield levels in excess of the

specified quota levels. These definitions

do not incorporate biological

considerations to protect against

overfishing. Although preferred

alternatives for overfishing definitions

have not yet been chosen for each

species, NMFS believes that none of the

alternatives being considered by the

Council for each species, if adopted,

would necessitate any revision of the

1996 quotas contained in this action.

This action establishes a surf clam

quota of 2.565 mil. bu. (1.36 mil. hL)

and an ocean quahog quota of 4.45 mil.

bu. (2.36 mil. hL) for the 1996 fisheries.

The 1996 surf clam quota is identical to

the 1995 quota, and the 1996 ocean

quahog quota represents a 9 percent

reduction from the 1995 quota. These

quotas established by NMFS on behalf

of the Secretary are unchanged from the

proposed quotas published in the

Federal Register on October 23, 1995

(60 FR 54330).

FINAL 1996 SURF CLAM/OCEAN

QUAHOG QUOTAS

Fishery mil. bu. mil. hL

Surf clam .............. 2,565,000 1,362,000

Ocean quahog ...... 4,450,000 2,363,000

Comments and Responses

Three comments were received during

the public comment period. A

consulting firm involved in the industry

commented in support of the proposed

quotas. The National Fisheries Institute

and an attorney involved in the industry

opposed the proposed quotas.

Comment: The consulting firm

commented that the proposed 1996 surf
294 Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations

clam quota is very liberal and should be

set 8 percent below the proposed quota

of 2.565 mil. bu. (1.36 mil. hL) because

of declining landings per unit of effort.

Response: This level of surf clam

quota was recommended by the

Scientific and Statistical Committee of

the Council and meets the Council

policy of leaving 10 years of supply

available. NMFS believes a reduction of

8 percent would be overly conservative

and is not justified based on the most

recent stock assessment.

Comment: The opponents of the

proposed quotas commented that NMFS

should reevaluate the assumptions,

conclusions, and recommendations of

the 19th Stock Assessment Workshop

(19th SAW), upon which these quotas

are based, to incorporate what they

believe is new information that was

revealed during testimony in their

lawsuit against the agency concerning

the 1995 quota levels. Both accuse

NMFS scientists of withholding critical

information from the Council and

industry.

Response: The Council and NMFS

have accepted the advice of the 19th

SAW and consider it to be the best

scientific information available. No new

information that would require NMFS to

reevaluate the conclusions of the 19th

SAW was presented at the hearing held

in the lawsuit referred to by the

commenters. The only additional

information was speculation that the

dredge may have traveled farther than

believed during the 1994 survey.

However, the dredging distance could

not account for the three-fold increase

in the catch experienced during the

1994 survey.

The quota setting process, including

the Stock Assessment Workshop that

occurred in January 1995, is a very open

and participatory process. The scientists

provided the Council with all of the

information relative to the surf clam and

ocean quahog resource that was

available at that time. The scientists still

have not been able to determine the

reason for the statistical anomalies

contained in the 1994 survey and did

not speculate as to their cause.

However, even if the scientists had

speculated on the reasons for the

anomalies, the Council is still required

to base its quota recommendation on the

best scientific information available,

especially any recommendations of the

SAW. The scientists still have not been

able to determine the reason for the

statistical anomalies contained in the

1994 survey. When a reasonable

explanation is determined, the Council

will be informed.

Comment: At a minimum, NMFS

should maintain the 1995 quota levels

for both species until affected industry

participants have an opportunity to

evaluate the assumptions and

conclusions of the 19th SAW with the

assistance of scientific advisers from

outside NMFS.

Response: NMFS sees no scientific

basis for maintaining the 1995 quota

levels for other than surf clams. The best

scientific information available supports

a reduction in the ocean quahog quota

by 9 percent. NMFS further points out

that independent scientific advisers

were involved in the 19th SAW and that

industry advisers were actively

encouraged to participate in that

process.

Classification

This action is authorized by 50 CFR

part 652 and is exempt from review

under E.O. 12866.

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

Dated: December 28, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 95–31578 Filed 12–29–95; 11:01

am]

BILLING CODE 3510–22–P