[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Rules and Regulations]
[Pages 293-294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31578]



-----------------------------------------------------------------------


DEPARTMENT OF COMMERCE
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 

[[Page 294]]
    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