[Federal Register Volume 62, Number 18 (Tuesday, January 28, 1997)]
[Rules and Regulations]
[Pages 4021-4022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2046]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 961114317-7008-02; I.D. 102596B]
RIN 0648-XX70


Atlantic Surf Clam and Ocean Quahog Fisheries; 1997 Fishing 
Quotas

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

ACTION: Final 1997 fishing quotas for surf clams and ocean quahogs.

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SUMMARY: NMFS issues final quotas for the Atlantic surf clam and ocean 
quahog fisheries for 1997. 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 1997.

EFFECTIVE DATE: January 1, 1997, through December 31, 1997.

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, Fishery 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. For surf clams, the 
quota must fall within the OY range of 1.85 million bushels (mil. bu.) 
(652,000 hectoliters (hL)) to 3.4 mil. bu. (1.2 mil. hL). For ocean 
quahogs, the quota must fall within the OY range of 4 mil. bu. (1.4 
mil. hL) to 6 mil. bu. (2.1 mil. hL). 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

[[Page 4022]]

would meet the estimated annual demand.
    Amendment 9 to the FMP (61 FR 50807, September 27, 1996) revised 
overfishing definitions for surf clams and ocean quahogs. Overfishing 
was previously defined for both species in terms of actual yield 
levels. That is, overfishing was defined as harvests in excess of the 
quota levels specified. However, that definition did not incorporate 
biological considerations to protect against overfishing. The 
overfishing definitions contained in Amendment 9 are fishing mortality 
rates of F20%!(20 percent of maximum spawning potential (MSP)) for 
surf clams and F20% (25 percent of MSP) for ocean quahogs. These 
levels equate to annual exploitation rates of 15.3 percent for surf 
clams and 4.3 percent for ocean quahogs.
    This action establishes a surf clam quota of 2.565 mil. bu. (1.36 
mil. hL) and an ocean quahog quota of 4.317 mil. bu. (2.292 mil. hL) 
for the 1997 fisheries. The 1997 surf clam quota is identical to the 
1996 quota, and the 1997 ocean quahog quota represents a 3-percent 
reduction from the 1996 quota. These quotas established by NMFS on 
behalf of the Secretary are unchanged from the proposed quotas 
published in the Federal Register on November 26, 1996 (61 FR 60074). 
The proposed rule contains details concerning these quota 
recommendations that are not repeated here.

                Final 1997 Surf Clam/Ocean Quahog Quotas                
------------------------------------------------------------------------
                                                 1996 final   1996 final
                    Fishery                        quotas       quotas  
                                                 (mil. bu.)   (mil. hL) 
------------------------------------------------------------------------
Surf clam.....................................    2,565,000    1,362,000
Ocean quahog..................................    4,317,000    2,292,000
------------------------------------------------------------------------

Comments

    No comments were received during the public comment period.

Classification

    This action is authorized by 50 CFR part 648 and is exempt from 
review under E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation, 
Department of Commerce, certified to the Chief Counsel for Advocacy of 
the Small Business Administration at the proposed rule stage that these 
fishing quotas would not have a significant economic impact on a 
substantial number of small entities. As a result, a regulatory 
flexibility analysis was not prepared. Details concerning this 
certification were provided in the proposed rule and are not repeated 
here.
    Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for 
Fisheries, NOAA, finds for good cause that a delay in the effective 
date is unnecessary because this rule does not impose a burden on the 
fishery, as it only establishes year-long quotas to be used for the 
sole purpose of closing the fishery when the quotas are reached. 
Therefore, it is unnecessary to delay this rule's effectiveness for 30 
days.

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

    Dated: January 16, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-2046 Filed 1-23-97; 3:37 pm]
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