[Federal Register Volume 60, Number 204 (Monday, October 23, 1995)]
[Proposed Rules]
[Pages 54330-54331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26081]



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DEPARTMENT OF COMMERCE
50 CFR Part 652

[Docket No. 951017252-5252-01; I.D. 101695C]


Atlantic Surf Clam and Ocean Quahog Fisheries

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

ACTION: Proposed 1996 fishing quotas for surf clams and ocean quahogs; 
request for comments.

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SUMMARY: NMFS issues proposed 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.

DATES: Public comments must be received on or before November 16, 1995.

ADDRESSES: Send comments to: Andrew A. Rosenberg, Regional Director, 
Northeast Region, NMFS One Blackburn Drive, Gloucester, MA 01930-2298. 
Mark on the outside of the envelope, ``Comments--1996 Surf Clam and 
Ocean Quahog Quotas.''
    Copies of the Mid-Atlantic Fishery Management Council's analysis 
and recommendations 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: NMFS, acting on behalf of the Secretary of 
Commerce, in consultation with the Mid-Atlantic Fishery Management 
Council (Council), is directed under the Fishery Management Plan for 
the Atlantic Surf Clam and Ocean Quahog Fisheries (FMP), 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, it is the 
policy of the Council that the levels 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.) to 3.4 mil. bu. For ocean quahogs, the quota 
must fall within the OY range of 4.00 mil. bu. to 6.00 mil. bu.
    During its discussions of the 1996 quota recommendations, the 
Council also 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 quota levels specified for a given year. These 
overfishing definitions do not incorporate biological considerations to 
protect against overfishing of the two species. The Council is now 
developing an amendment to the FMP that contains new overfishing 
definitions. NMFS will review the proposed quotas for 1996 in the 
context of the new proposed overfishing definitions before issuing the 
final quotas for 1996.
    In proposing these quotas, NMFS 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, ``Overview of the Surf Clam and Ocean 
Quahog Fisheries and Quota Recommendations for 1996,'' prepared by the 
Council. The proposed quotas for the 1996 Atlantic surf clam and ocean 
quahog fisheries are shown below. The surf clam quota would be 
unchanged from 1995, and the ocean quahog quota would be reduced by 
approximately 9 percent.
    NMFS notes that the Council used the 1992 stock abundance survey, 
as described in the 1993 stock assessment report, in setting the 1996 
quotas. The most recent stock abundance survey, completed in 1994, was 
considered to be a statistical anomaly as described in the final 
specifications for these species in 1995 (60 FR 25853), and was set 
aside until a more thorough review of the data was possible. As this 
review is not completed, NMFS still considers the 1992 stock abundance 
survey to be the best scientific information available. This data was 
used in conjunction with the updated information stated above.

               Proposed 1996 Surf Clam/Ocean Quahog Quotas              
------------------------------------------------------------------------
                                            1996 final      1996 final  
                 Fishery                   quotas  (mil.   quotas  (mil.
                                                bu)             hL)     
------------------------------------------------------------------------
Surf clam...............................           2.565           1.362
Ocean quahog............................           4.450           2.363
------------------------------------------------------------------------

Surf Clams

    The Council staff originally proposed a surf clam quota of 2.843 
mil. bu., based on the assumption that Georges Bank, presently closed 
to the fishery due to the presence of paralytic shellfish poisoning 
toxin (PSP), would reopen. The staff assumed that the risks from PSP 
would be eliminated by implementation of a dockside test for the toxin 
and that half of the surf clam resource on Georges Bank would be 
available over the next 10 years. As a result of this assumption, the 
staff recommended an increase in quota of 10 percent from the 1995 
level of 2.565 mil. bu.
    The staff recommendation was presented to the Council's Science and 
Statistical Committee (SSC), Surf Clam and Ocean Quahog Committee 
(Committee), and Industry Advisors at a meeting in July, 1995. These 
bodies did not accept the staff assumption concerning the reopening of 
Georges Bank. At the July meeting, the SSC was the only body to make an 
alternative quota recommendation; the SSC recommended that the 1996 
quota should remain unchanged from 1995 (2.565 mil. bu.).
    In August, 1995, the Council met as a ``Committee of the Whole'' to 
consider the SSC recommendation and revised the staff recommendation. 
Subsequent to its original proposal, the staff reviewed two projections 
based on the most recent stock assessment, both of which assumed that 
there would be no Georges Bank harvest. The first projection estimated 
the number of years that the quota could remain at the 1995 level of 
2.565 mil. bu. This projection showed a median of 7 supply years, with 
an 80% confidence level that the supply years would fall into a range 
between 5 and 10 years. The second projection calculated that a 

[[Page 54331]]
quota level of 2.473 mil. bu. was the median estimate of a 10-year 
supply. The staff recommended basing the quota on the second, more 
conservative, projection. The ``Committee of the Whole'' adopted the 
SSC recommendation for a 1996 quota of 2.565 mil. bu., rather than the 
staff recommendation, because uncertainties in the projections 
indicated that there was no compelling reason for a quota reduction at 
this time. The Committee of the Whole's recommendation was adopted by 
the Council at its meeting in September, 1995.

Ocean Quahogs

    The Council staff proposed an ocean quahog quota of 4.45 mil. bu., 
a reduction of 9 percent from 1995. This reduction is based on a 
recalculation by Council staff of the harvest level that could be 
maintained over a 30-year period. This recommendation assumes that all 
of the Georges Bank biomass will become available to the fishery over 
the course of the 30-year harvest period. In making this assumption, 
however, the Council stated that additional quota reductions would be 
necessary in the future if demonstrable progress is not made toward a 
reopening of Georges Bank in the near future.
    The staff recommendation was adopted by the SSC in July, 1995, by 
the Committee of the Whole in August, 1995, and by the Council in 
September, 1995.

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: October 17, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-26081 Filed 10-17-95; 3:32 pm]
BILLING CODE 3510-22-W