[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Notices]
[Page 50807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24671]


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DEPARTMENT OF COMMERCE
[Docket No. 960917261-6261-01; I.D. 061396A]
RIN 0648-AI27


Fisheries of the Northeastern United States; Amendment 9 to the 
Atlantic Surf Clam and Ocean Quahog Fishery Management Plan

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

ACTION: Notification of approval of overfishing definitions.

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SUMMARY: NMFS announces approval of Amendment 9 to the Fishery 
Management Plan for the Atlantic Surf Clam and Ocean Quahog Fisheries 
(FMP). The amendment revises overfishing definitions for Atlantic surf 
clams and ocean quahogs in compliance with the NOAA Guidelines for 
Fishery Management Plans.

EFFECTIVE DATE: September 27, 1996.

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

ADDRESSES: Copies of Amendment 9 and the environmental assessment are 
available from David Keifer, Executive Director, Mid-Atlantic Fishery 
Management Council, Room 2115 Federal Building, 300 S. New Street, 
Dover, DE 19901-6790.

SUPPLEMENTARY INFORMATION:

Background

    The FMP directs the Secretary of Commerce, 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 optimum yield for each fishery. During its 
discussion 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 Council, in 
cooperation with NMFS, determined that overfishing definitions based on 
maximum spawning potential (MSP) would be appropriate for these 
fisheries. Following several meetings with industry and one public 
hearing, the Council adopted Amendment 9 at its May 1996 meeting. A 
notice of availability of Amendment 9 that outlined the proposed 
revision of the overfishing definitions and requested public comments 
was published in the Federal Register on June 20, 1996 (61 FR 31499). 
No comments were received.

Overfishing Definitions

    The approved overfishing definitions contained in Amendment 9 are 
fishing mortality rates of F20 percent (20 percent of Maximum 
Spawning Potential (MSP)) for surf clams and F25 percent (25 
percent of MSP) for ocean quahogs. These levels equate to annual 
exploitation rates of 15.3 and 4.3 percent for surf clams and ocean 
quahogs, respectively.

Classification

    The Director, Northeast Region, NMFS, determined that Amendment 9 
is necessary for the conservation and management of the Atlantic surf 
clam and ocean quahog fisheries and is consistent with the Magnuson 
Fishery Conservation and Management Act and other applicable laws.
    This action is exempt from OMB review under E.O. 12866.

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

    Dated: September 20, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-24671 Filed 9-26-96; 8:45 am]
BILLING CODE 3510-22-F