[Federal Register Volume 63, Number 38 (Thursday, February 26, 1998)]
[Proposed Rules]
[Pages 9771-9775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4848]



[[Page 9771]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 980212038-8038-01; I.D. 020298A]
RIN 0648-AF41


Fisheries of the Northeastern United States; Amendment 10 to the 
Fishery Management Plan for the Atlantic Surf Clam and Ocean Quahog 
Fisheries

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NOAA proposes regulations to implement Amendment 10 to the 
Fishery Management Plan for the Atlantic Surf Clam and Ocean Quahog 
Fisheries (FMP). Amendment 10 would establish management measures for 
the fishery for small ocean quahogs (mahogany quahogs) which occurs off 
the coast of Maine, north of 43 deg.50' N. latitude.

DATES: Comments must be received on or before April 13, 1998.

ADDRESSES: Send comments on this proposed rule to Andrew Rosenberg, 
Ph.D., Regional Administrator, Northeast Region, NMFS, 1 Blackburn 
Drive, Gloucester, MA 01930-3799. Mark the outside of the envelope 
``Comments on Amendment 10 to the Surf Clam and Ocean Quahog FMP.''
    Copies of Amendment 10 and its supporting documents, including the 
environmental assessment, and the regulatory impact review (RIR), are 
available from David R. Keifer, Executive Director, Mid-Atlantic 
Fishery Management Council (Council), Room 2115 Federal Building, 300 
S. New Street, Dover, DE 19904-6790.

FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst, 
978-281-9104.

SUPPLEMENTARY INFORMATION:

Background

    Proposed Amendment 10 was prepared by the Mid-Atlantic Fishery 
Management Council (Council), in cooperation with the New England 
Fishery Management Council and the Maine Department of Natural 
Resources. A notice of availability of the amendment was published in 
the Federal Register on February 9, 1998 (63 FR 6510), soliciting 
public comments on the amendment through April 10, 1998. All comments 
received by the end of the comment period on the proposed amendment, 
whether specifically directed to Amendment 10 or to the proposed rule, 
will be considered in the approval/disapproval decision on Amendment 
10. Comments received after that date will not be considered in the 
approval/disapproval decision of Amendment 10.
    While the surf clam and ocean quahog fisheries have been managed 
under an individual transferable quota (ITQ) system since 1990 when 
Amendment 8 to the FMP was approved, the Maine mahogany quahog fishery 
operated under a series of experimental fishery authorizations from 
October 1990 through September 1997. These experimental fisheries 
allowed vessels to fish in the exclusive economic zone (EEZ), north of 
43 deg.50' N. latitude without being subject to the ITQ program 
requirements. These requirements include the use of 32-bushel (1,700-L) 
metal cages to offload quahogs, and the placement of tags on cages to 
indicate that the harvest is counted toward the appropriate individual 
allocation. The requirement to use 32-bushel (1,700-L) metal cages is 
infeasible for the smaller Maine mahogany quahog vessels and docks due 
to the cage size. Additionally, Maine mahogany quahog vessels harvest 
relatively few bushels of mahogany quahogs on any trip. Therefore, the 
use of a 32-bushel (1,700-L) container to measure landings was 
considered inappropriate.
    For the past several years, NMFS has informed the Council and the 
State of Maine that it was inappropriate to continue authorizing the 
experimental fishery after compilation of all necessary data to profile 
the fishery. In response, the Council and staff from the Maine 
Department of Marine Resources cooperatively developed Amendment 10 to 
specify management measures for the historical Maine mahogany quahog 
fishery that recognizes the traditional small scale, small vessel 
characteristics of the fishery. They were unable to come to a consensus 
on management measures prior to the expiration of the experimental 
fishery authorization on September 30, 1997. Since that time, the 
participants in the Maine mahogany quahog fishery have been required to 
comply with the ITQ management measures in order to fish in the EEZ. 
Some participants were able to obtain ocean quahog allocations and fish 
under the ITQ regime. Others may have continued to harvest ocean 
quahogs in state waters. The fishery is relatively inactive in the 
winter, with only 10 percent of the landings historically occurring 
during this period.

Management Measures

    Amendment 10 would (1) establish a Maine mahogany quahog management 
zone north of 43 deg.50' N. latitude (zone); (2) establish a Maine 
mahogany quahog permit; (3) establish an initial annual quota of 
100,000 Maine bushels (35,150 hectoliters (hL)); (4) require the 
Council to establish a Maine Mahogany Quahog Advisory Panel to make 
management recommendations; (5) allow for the revision of the annual 
quota within a range of 17,000 to 100,000 Maine bushels (5,975 to 
35,150 hL); (6) require vessels harvesting ocean quahogs from the zone 
to fish only in areas that have been certified by the State of Maine to 
be within Interstate Shellfish Sanitation Conference (ISSC) limits for 
the toxin responsible for paralytic shellfish poisoning (PSP); (7) 
require vessels fishing under a Maine mahogany quahog permit to land 
ocean quahogs in Maine; (8) require vessels fishing in the zone under 
an ITQ and landing their catch outside of Maine to land at a facility 
participating in an overall program that utilizes food safety-based 
procedures including sampling and analyzing for PSP toxin consistent 
with those food safety-based procedures used by the State of Maine for 
such purpose; and, (9) give the Regional Administrator the authority to 
suspend the existing vessel notification requirement for vessels 
possessing a Maine mahogany quahog permit and fishing in the zone, if 
it is determined that notification is unnecessary for enforcement. A 
Maine bushel would be defined as 1.2445 cubic ft (35.24 L).
    In addition to these management measures, all vessels prosecuting 
the Maine mahogany quahog fishery would have to continue to abide by 
the vessel and dealer reporting and recordkeeping requirements set 
forth in 50 CFR part 648.
    NMFS herein publishes all of the regulations submitted by the 
Council to implement Amendment 10 despite concern about the provision 
concerning future replacement of a vessel issued a Maine mahogany 
quahog permit. This provision is inconsistent with similar provisions 
in other fishery management plans in the region, including recent plans 
enacted by the Council for the black sea bass and summer flounder 
fisheries. However, because the New England and Mid-Atlantic Fishery 
Management Councils have expressed their intent to address this issue 
in upcoming amendments, NMFS is publishing the provision as proposed by

[[Page 9772]]

the Council. However, this issue must be resolved.

Maine Mahogany Quahog Permit

    The Maine mahogany quahog permit would be available only to vessels 
that reported the harvest of at least one Maine bushel (35.24 L) of 
ocean quahogs from the zone while enrolled in the Maine mahogany quahog 
experimental fishery. The Maine mahogany quahog permit would authorize 
such vessels to fish in the EEZ within the zone without complying with 
the ITQ requirements set forth in 50 CFR 648.70 and 648.75. Other 
vessels would have to comply with ITQ requirements to fish in the EEZ 
within the zone.

Maine Mahogany Quahog Quota

    Recorded landings from the Maine mahogany quahog fishery have 
varied from a high of 125,000 Maine bushels (43,937 hL) in 1986 to a 
low of 17,000 bushels (5,975 hL) in 1993. In Amendment 10, the Council 
proposed that the initial quota for the fishery be specified at 100,000 
bushels (35,150 hL), which may be modified within the range of 17,000 
to 100,000 bushels (5,975 to 35,150 hL). This quota is consistent with 
the range of landings over the history of the fishery. The quota could 
be adjusted in future years as part of the annual quota-setting process 
for surf clams and ocean quahogs. The Council would consult with the 
Maine Mahogany Quahog Advisory Panel and would review available 
information to determine whether the quota level requires adjustment.
    Amendment 10 notes that the next ocean quahog stock assessment will 
be conducted in June 1998. The status of ocean quahogs in the zone has 
never been formally assessed. However, limited non-random sampling in 
the area has shown evidence that there is substantial recruitment of 
ocean quahogs in the areas sampled. The June 1998 stock assessment may 
provide some additional management advice for the Council.
    The 100,000 Maine bushel (35,150 hL) quota for the Maine fishery is 
in addition to the 4.0 million bushel (2,122,000 hL) quota specified 
for the ITQ fishery. The ITQ fishery quota is specified in standard 
bushels of 1.88 cubic ft/bushel (53.24 L/bushel). When the two quota 
amounts are added together, the total allowable harvest is lower than 
the level that would result in overfishing for the entire stock, as 
defined in the FMP.
    Landings of ocean quahogs made by vessels fishing under the Maine 
mahogany quahog permit or those fishing exclusively in State waters 
within the zone would count against the Maine quota. Landings made by 
vessels fishing under an ITQ allocation permit would count against the 
ocean quahog quota allocated to the ITQ fishery.

PSP Management Issues

    Amendment 10 provides for the protection of the public health by 
establishing procedures designed to ensure that marketed shellfish do 
not exceed tolerances for PSP toxins accepted by the ISSC. These 
procedures include seasonal harvesting restrictions for vessels, 
selected sampling and analysis of clams at the dealer level, and 
restricting the harvest of mahogany quahogs in the zone to those areas 
tested by the State of Maine and deemed to be within ISSC acceptable 
limits for the toxin that causes PSP. All ocean quahogs harvested by 
vessels fishing under a Maine mahogany quahog permit or under a State 
of Maine fishing permit would have to be landed in Maine and would be 
subject to the State's shellfish safety controls in place for the zone. 
Other vessels fishing in the zone under an ITQ could land their catch 
outside of Maine. However, the shellfish would have to be sampled and 
analyzed consistent with the safety-based procedures for shellfish 
harvested from the zone and landed in Maine.

Suspension of Notification Requirements

    The Regional Administrator would be authorized by Amendment 10 to 
suspend the call-in requirements found at 50 CFR 648.15 (b)(1) and (2) 
for vessels issued a Maine mahogany quahog permit fishing within the 
zone if it is not deemed necessary for enforcement. Based on advice 
from NMFS Law Enforcement, the Regional Administrator announces his 
intent to suspend the call-in requirements if Amendment 10 is approved. 
The vessel notification requirement would remain in effect for vessels 
fishing under an ITQ allocation permit within the zone.

Maine Mahogany Quahog Advisory Panel

    The Maine Mahogany Quahog Advisory Panel would be established by 
the Council consisting of representatives of harvesters, dealers, and 
the Maine Department of Marine Resources. The panel would be 
responsible for making management recommendations, including revisions 
to the annual quota, through the Surf Clam and Ocean Quahog Committee 
of the Council. Quota adjustments would occur through the annual quota-
setting process for surf clams and ocean quahogs.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities as follows:

    The analysis of impacts relative to the Regulatory Flexibility 
Act indicates that, while a substantial number of small entities may 
be impacted by this action, the proposed regulatory actions or 
regulations in Amendment 10 would not result in a significant 
economic impact on such entities. A significant economic impact 
would occur if gross revenues decreased more than 5 percent as a 
result of this action.

    The initial quota of 100,000 Maine bushels (35,150 hL) in 1998 
may potentially allow landings to increase by 30,933 Maine bushels 
(10,873 hL) from the 1996 level. The potential increase in revenues 
in the fishery would depend on the increase in the landing level. 
Using 1996 as the base year, effects were examined assuming an 
increase in landings in 1998 of 0 percent, 10 percent, 25 percent, 
up to the entire 100,000 Maine bushel quota (35,150 hL) of the Maine 
mahogany quahog quota. Estimated gross revenue effects are increases 
of $0, $199,258, $408,146, and $892,417, respectively. The Council 
estimates that 83 vessels will qualify for the Maine mahogany quahog 
permit. Revenue effects were estimated based on the 43 vessels that 
landed mahogany quahogs in 1996. If the gross revenue increases are 
evenly shared among these vessels, each business unit would 
potentially gain from $0 to $20,754. However, the sensitivity 
analysis conducted in the RIR, showed that ex-vessel price was 
constant regardless of the amount of ocean quahogs landed. In 
reality, it would be expected that, as the quantity of ocean quahogs 
landed increased, the ex-vessel price for this commodity would 
decrease. Therefore, the increase in revenues shown above may be 
considerably lower. This action should not have a significant affect 
on a substantial number of small entities. Ex-vessel revenues are 
not expected to decrease by as much as 5 percent for 20 percent or 
more of the vessels. No vessels currently in the mahogany quahog 
fishery are expected to cease business operations as a result of 
this action.
    The establishment of the proposed zone would allow for the 
continual monitoring of harvest of ocean quahogs from areas that are 
tested by the State of Maine and deemed to be within ISSC acceptable 
limits for PSP. It is not possible to quantify this benefit due to 
lack of information. However, it is expected that positive economic 
benefits will be derived from preventing the costs associated

[[Page 9773]]

with an occurrence of PSP contamination in landings of mahogany 
quahogs. Such costs would be those associated with medical costs, 
costs of lost time, and decreases in profits to the fishery due to a 
decrease in demand for mahogany quahogs that could result.

    The provision dealing with the implementation of a new vessel 
permit will provide positive benefits to the historical participants 
of the fishery by avoiding potential dissipation of revenues due to 
a future increase in the number of non-ITQ entrants. At the same 
time, this would also reduce the potential of overcapitalization in 
the fishery. This provision is expected to provide positive benefits 
to the overall management system.

    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act (PRA), unless that 
collection of information displays a currently valid OMB control 
number.
     This rule contains collection-of-information requirements subject 
to the PRA. These requirements have been submitted to the Office of 
Management and Budget for approval. The public reporting burdens for 
these collections of information is estimated to average 30 minutes for 
a new vessel permit, 30 minutes for an appeal, 15 minutes for a renewal 
application for a permit, and two minutes for a call-in. These 
estimates include the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. The 
notification requirement is not a new reporting requirement. The 
requirement was implemented in 1993 and applied to all federally 
permitted ocean quahog vessels. It was not, however, determined to be a 
necessary condition for vessels participating in the Maine mahogany 
quahog experimental fisheries so these vessels were never reflected in 
the estimated number of affected entities. Since the Regional 
Administrator intends to suspend notification requirements for those 
fishing under the new Maine mahogany quahog permit if Amendment 10 is 
approved, there will be no additional burden hours required under the 
call-in provision. Public comment is sought regarding whether this 
proposed collection of information is necessary for the proper 
performance of the functions of the agency, including whether the 
information has practical utility: the accuracy of the burden estimate; 
ways to enhance the quality, utility, and clarity of the information to 
be collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology.
    Send comments regarding these burden estimates or any other aspect 
of the data requirements, including suggestions for reducing the 
burden, to NMFS (see ADDRESSES) and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503 (ATTN: NOAA Desk Officer).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: February 20, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 648, is 
proposed to be amended as follows:

PART 648--FISHERIES OF NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

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

    2. In Sec. 648.2, definitions for ``Maine bushel'' and ``Maine 
mahogany quahog zone'' are added in alphabetical order to read as 
follows:


Sec. 648.2  Definitions.

* * * * *
    Maine bushel means a standard unit of volumetric measurement equal 
to 1.2445 cubic feet (35.24 L) of ocean quahogs in the shell.
    Maine mahogany quahog zone means the area bounded on the east by 
the U.S.-Canada maritime boundary, on the south by a straight line at 
43 deg.50' N. latitude, and on the north and west by the shoreline of 
Maine.
* * * * *
    3. In Sec. 648.4, paragraph (a)(4)(i) is added and (a)(4)(ii) is 
reserved to read as follows:


Sec. 648.4  Vessel and individual commercial permits.

    (a) * * *
    (4) * * *
    (i) Maine mahogany quahog permit. (A) A vessel is eligible for a 
Maine mahogany quahog permit to fish for ocean quahogs in the Maine 
mahogany quahog zone if it meets the following eligibility criteria:
    (1) The vessel was issued a Federal Maine Mahogany Quahog 
Experimental Permit during one of the experimental fisheries authorized 
by the Regional Administrator between September 30, 1990, and September 
30, 1997; and,
    (2) The vessel landed at least one Maine bushel of ocean quahogs 
from the Maine mahogany quahog zone as documented by fishing or 
shellfish logs submitted to the Regional Administrator prior to January 
1, 1998.
    (B) Application/renewal restriction. No one may apply for a Maine 
mahogany quahog permit for a vessel after [insert date one year after 
effective date of the final rule].
    (C) Replacement vessels. To be eligible for a Maine mahogany quahog 
permit, a replacement vessel must be replacing a vessel of 
substantially similar harvesting capacity that is judged unseaworthy by 
the USCG, for reasons other than lack of maintenance, or that 
involuntarily left the fishery. Both the entering and replaced vessels 
must be owned by the same person. Vessel permits issued to vessels that 
involuntarily leave the fishery may not be combined to create larger 
replacement vessels.
    (D) Appeal of denial of a permit.
    (1) Any applicant denied a Maine mahogany quahog permit may appeal 
to the Regional Administrator within 30 days of the notice of denial. 
Any such appeal shall be in writing. The only ground for appeal is that 
the Regional Administrator's designee erred in concluding that the 
vessel did not meet the criteria in paragraph (a)(4)(i)(A) of this 
section. The appeal must set forth the basis for the applicant's belief 
that the decision of the Regional Administrator's designee was made in 
error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the Regional Administrator.
    (3) The hearing officer shall make a recommendation to the Regional 
Administrator.
    (4) The Regional Administrator will make a final decision based on 
the criteria in paragraph (a)(4)(i)(A) of this section and the 
available record, including any relevant documentation submitted by the 
applicant and, if a hearing is held, the recommendation of the hearing 
officer. The decision on the appeal by the Regional Administrator is 
the final decision of the Department of Commerce.
    (ii) [Reserved]
* * * * *
    4. In Sec. 648.14, paragraphs (a)(23), (24), and (25) are revised, 
paragraphs (a)(105) through (109) are added, and paragraph (x)(1)(ii) 
and the first sentence of paragraph (x)(1)(iii) are revised to read as 
follows:

[[Page 9774]]

Sec. 648.14  Prohibitions.

    (a) * * *
    (23) Land unshucked surf clams or ocean quahogs harvested in or 
from the EEZ outside of the Maine mahogany quahog zone in containers 
other than cages from vessels capable of carrying cages.
    (24) Land unshucked surf clams and ocean quahogs harvested in or 
from the EEZ within the Maine mahogany quahog zone in containers other 
than cages from vessels capable of carrying cages unless, with respect 
to ocean quahogs, the vessel has been issued a Maine mahogany quahog 
permit under this part and is not fishing for an individual allocation 
of quahogs under Sec. 648.70.
    (25) Fail to comply with any of the notification requirements 
specified in Sec. 648.15(b).
* * * * *
    (104) [Reserved]
    (105) Offload unshucked surf clams or ocean quahog harvested in or 
from the EEZ outside of the Maine mahogany quahog zone from vessels not 
capable of carrying cages other than directly into cages.
    (106) Offload unshucked surf clams harvested in or from the EEZ 
within the Maine mahogany quahog zone from vessels not capable of 
carrying cages other than directly into cages.
    (107) Offload unshucked ocean quahogs harvested in or from the EEZ 
within the Maine mahogany quahog zone from vessels not capable of 
carrying cages other than directly into cages unless the vessel has 
been issued a Maine mahogany quahog permit under this part and is not 
fishing for an individual allocation of quahogs under Sec. 648.70.
    (108) Purchase, receive for a commercial purpose other than 
transport to a testing facility or process or attempt to purchase, 
receive for commercial purpose other than transport to a testing 
facility or process outside of Maine, ocean quahogs harvested in or 
from the EEZ within the Maine mahogany quahog zone except at a facility 
participating in an overall food safety program that utilizes food 
safety-based procedures including sampling and analyzing for PSP toxin 
consistent with procedures used by the State of Maine for such purpose.
    (109) Land or possess ocean quahogs harvested in or from the EEZ 
within the Maine mahogany quahog zone after the effective date 
published in the Federal Register notifying participants that Maine 
mahogany quahog quota is no longer available, unless the vessel is 
fishing for an individual allocation of ocean quahogs under 
Sec. 648.70.
* * * * *
    (x) * * *
    (1) * * *
    (ii) Surf clams or ocean quahogs landed from a trip for which 
notification was provided under Sec. 648.15(b) or Sec. 648.70(b) are 
deemed to have been harvested in the EEZ and count against the 
individual's annual allocation unless the vessel has a valid Maine 
mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i) and is 
not fishing for an individual allocation under Sec. 648.70.
    (iii) Surf clams or ocean quahogs found in cages without a valid 
state tag are deemed to have been harvested in the EEZ and to be part 
of an individual's allocation unless the vessel has a valid Maine 
mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i) and is 
not fishing for an individual allocation under Sec. 648.70; or, unless 
the preponderance of available evidence demonstrates that he/she has 
surrendered his/her surf clam and ocean quahog permit issued under 
Sec. 648.4 and he/she conducted fishing operations exclusively within 
waters under the jurisdiction of any state. * * *
* * * * *
    5. In Sec. 648.15, paragraph (b)(4) is added to read as follows.


Sec. 648.15  Facilitation of enforcement.

* * * * *
    (b) * * *
    (4) Suspension of notification requirements. The Regional 
Administrator may suspend notification requirements for vessels fishing 
under a Maine mahogany quahog permit issued pursuant to 
Sec. 648.4(a)(4)(i). If he determines that such notification is not 
necessary to effectively enforce the management measures in the Maine 
mahogany quahog zone, the Regional Administrator may rescind such 
suspension if he concludes that the original determination is no longer 
valid. A suspension or recision of suspension of the notification 
requirements by the Regional Administrator shall be published in the 
Federal Register.
* * * * *
    6. In Sec. 648.73, paragraph (d) is added to read as follows.


Sec. 648.73  Closed areas.

* * * * *
    (d) Areas closed due to the presence of paralytic shellfish 
poisoning toxin--(1) Maine mahogany quahog zone. The Maine mahogany 
quahog zone is closed to fishing for ocean quahogs except in those 
areas of the zone that are tested by the State of Maine and deemed to 
be within Interstate Shellfish Sanitation Conference acceptable limits 
for the toxin responsible for paralytic shellfish poisoning. Harvesting 
is allowed in such areas during the periods specified by the Maine 
Department of Marine Resources during which quahogs are safe for human 
consumption. For information regarding those areas contact the State of 
Maine Division of Marine Resources at (207-624-6550).
    (2) [Reserved]
    7. In Sec. 648.75, introductory text is added to read as follows:


Sec. 648.75  Cage identification.

    Except as provided in Sec. 648.76, the following cage 
identification requirements apply to all vessels issued a Federal 
fishing permit for surf clams and ocean quahogs:
* * * * *
    8. Section Sec. 648.76 is added to subpart E to read as follows.


Sec. 648.76  Maine mahogany quahog zone.

    (a) Landing requirements. (1) A vessel fishing under a valid Maine 
mahogany quahog permit pursuant to Sec. 648.4(a)(4)(i), fishing for or 
possessing ocean quahogs within the Maine mahogany quahog zone, must 
land its catch in the State of Maine.
    (2) A vessel fishing under an individual allocation permit, 
regardless of whether it has a Maine mahogany quahog permit, fishing 
for or possessing ocean quahogs within the zone, may land its catch in 
the State of Maine, or, consistent with applicable state law, any other 
state that utilizes food safety-based procedures including sampling and 
analyzing for PSP toxin consistent with those food safety-based 
procedures used by the State of Maine for such purpose, and must comply 
with all requirements in Secs. 648.70 and 648.75. Documentation as 
required by the state and other laws and regulations applicable to food 
safety-based procedures must be made available by federally- permitted 
dealers for inspection by NMFS.
    (b) Quota monitoring and closures--(1) Catch quota. (i) The annual 
quota for harvest of mahogany quahogs from within the Maine mahogany 
quahog zone is 100,000 Maine bushels (35,150 hL). The quota may be 
revised annually within the range of 17,000 to 100,000 Maine bushels 
(5,975 to 35,150 hL) following the procedures set forth in Sec. 648.71.
    (ii) All mahogany quahogs landed for sale in Maine by vessels 
issued a Maine mahogany quahog permit and not fishing for an individual 
allocation of ocean quahogs under Sec. 648.70 shall be

[[Page 9775]]

applied against the Maine mahogany quahog quota, regardless of where 
the mahogany quahogs are harvested.
    (iii) All mahogany quahogs landed by vessels fishing in the Maine 
mahogany quahog zone for an individual allocation of quahogs under 
Sec. 648.70 will be counted against the ocean quahog allocation for 
which the vessel is fishing.
    (iv) The Regional Administrator will monitor the quota based on 
dealer reports and other available information and shall determine the 
date when the quota will be harvested. NMFS shall publish notification 
in the Federal Register advising the public that, effective upon a 
specific date, the Maine mahogany quahog quota has been harvested and 
notifying vessel and dealer permit holders that no Maine mahogany 
quahog quota is available for the remainder of the year.
    (2) Maine Mahogany Quahog Advisory Panel. The Council shall 
establish a Maine Mahogany Quahog Advisory Panel consisting of 
representatives of harvesters, dealers, and the Maine Department of 
Marine Resources. The Advisory Panel shall make recommendations, 
through the Surf Clam and Ocean Quahog Committee of the Council, 
regarding revisions to the annual quota and other management measures.
[FR Doc. 98-4848 Filed 2-25-98; 8:45 am]
BILLING CODE 3510-22-F