[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