[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Proposed Rules]
[Page 31499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15661]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 652

[I.D. 061396A]


Atlantic Surf Clam and Ocean Quahog Fisheries; Notice of 
Availability for Amendment 9

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

ACTION: Notice of availability of a fishery management plan amendment; 
request for comments.

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SUMMARY: NMFS announces that the Mid-Atlantic Fishery Management 
Council (Council) has submitted Amendment 9 to the Fishery Management 
Plan for the Atlantic Surf Clam and Ocean Quahog Fisheries (FMP) for 
Secretarial review and is requesting comments from the public. The 
amendment would revise overfishing definitions for Atlantic surf clams 
and ocean quahogs.

DATES: Comments must be received on or before August 13, 1996.

ADDRESSES: Send comments to Dr. Andrew Rosenberg, Regional Director, 
National Marine Fisheries Service, Northeast Regional Office, 1 
Blackburn Drive, Gloucester, MA 01930-3799. Mark the outside of the 
envelope ``Comments on Overfishing Definitions for Clams and Quahogs.''
    Copies of Amendment 9 and the environmental assessment are 
available from David R. Keifer, Executive Director, Mid-Atlantic 
Fishery Management Council, Room 2115 Federal Building, 300 S. New 
Street, Dover, DE 19904-6790.

FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst, 
508-281-9104.

SUPPLEMENTARY INFORMATION: The Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) (Magnuson Act) requires that 
each fishery management council submit any fishery management plan or 
plan amendment it prepares to the Secretary of Commerce (Secretary) for 
review and approval, disapproval, or partial disapproval. The Magnuson 
Act also requires that NMFS, on behalf of the Secretary, upon receiving 
the plan or amendment, immediately make a preliminary evaluation of 
whether the amendment is sufficient to warrant continued review, and 
publish a document that the plan or amendment is available for public 
review and comment. NMFS will consider the public comments in 
determining whether to approve the amendment.
    Amendment 9, if approved, would revise overfishing definitions for 
the stocks managed under the FMP in compliance with the NOAA Guidelines 
for Fishery Management Plans (50 CFR part 602).
    During its discussions of the 1996 quota recommendations, the 
Council considered revising the overfishing definitions specified in 
the FMP. Overfishing is presently defined for both species in terms of 
actual yield levels--that is, overfishing is defined as harvests in 
excess of the specified quota levels. This definition does not 
incorporate biological considerations to protect against overfishing. 
NMFS has concluded that a harvesting strategy based on Council policy 
is no longer acceptable, since it depends on the Council taking 
appropriate action, rather than adhering to a rate-based biological 
standard. The overfishing definition proposed by the Council for surf 
clams as contained in Amendment 9 is a fishing mortality rate of 
F<INF>20% (20 percent of maximum spawning potential (MSP)), which 
equates to an annual exploitation rate of 15.3 percent. The overfishing 
definition proposed by the Council for ocean quahogs as contained in 
Amendment 9 is a fishing mortality of F<INF>25% (25 percent of MSP), 
which equates to an annual exploitation rate of 4.3 percent.
    The receipt date for this amendment is June 12, 1996. No proposed 
or final regulations will be published for this amendment, because, if 
it is approved, no changes will be needed in the codified regulatory 
text that implements this FMP.

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

    Dated: June 14, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-15661 Filed 6-14-96; 4:52 pm
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