[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Rules and Regulations]
[Pages 27481-27485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13284]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 980212038-8117-02; 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: Final rule; notice of suspension of notification requirements 
for Maine mahogany quahog vessels.

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SUMMARY: NMFS issues this final rule implementing Amendment 10 to the 
Fishery Management Plan for the Atlantic Surf Clam and Ocean Quahog 
Fisheries (FMP). Amendment 10 establishes management measures for

[[Page 27482]]

the fishery for small ocean quahogs (mahogany quahogs), which occurs 
off the coast of Maine, north of 43 deg.50' N. lat.
    NMFS announces that, as authorized in Amendment 10, the 
notification (call-in) requirements for vessels fishing under a Maine 
mahogany quahog permit are suspended.

DATES: Effective on May 21, 1998.

ADDRESSES: Copies of Amendment 10 and its supporting documents, 
including the environmental assessment and the regulatory impact 
review, are available from Dr. Chris Moore, Acting Executive Director, 
Mid-Atlantic Fishery Management Council (Council), Room 2115 Federal 
Building, 300 S. New Street, Dover, DE 19904-6790.
    Comments regarding burden-hour estimates for collection-of-
information requirements contained in this final rule should be sent to 
Dr. Andrew A. Rosenberg, Regional Administrator, 1 Blackburn Drive, 
Gloucester, MA 01930, and the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Washington, D.C. 20502 
(Attention: NOAA Desk Officer).

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

SUPPLEMENTARY INFORMATION:

Background

    A notice of availability of Amendment 10 was published in the 
Federal Register on February 9, 1998 (63 FR 6510), with the comment 
period ending April 10, 1998. A proposed rule to implement Amendment 10 
was published in the Federal Register on February 26, 1998 (63 FR 
9771), with the comment period ending April 13, 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, 
were considered in making the decision to approve the amendment. 
Details concerning the justification and development of Amendment 10 
were provided in the preamble to the proposed rule and are not repeated 
here.
    Amendment 10: (1) Establishes a Maine mahogany quahog management 
zone north of 43 deg.50' N. lat. (zone); (2) establishes a Maine 
mahogany quahog permit; (3) establishes an initial annual quota of 
100,000 Maine bushels (35,150 hectoliters (hL)); (4) requires the 
Council to establish a Maine Mahogany Quahog Advisory Panel to make 
management recommendations; (5) allows 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) requires vessels harvesting ocean quahogs from the zone 
to fish only in areas that have been certified by the State of Maine to 
be within the requirements of the National Shellfish Sanitation Program 
and adopted by the Interstate Shellfish Sanitation Conference (ISSC) as 
acceptable limits for the toxin responsible for paralytic shellfish 
poisoning (PSP); (7) requires vessels fishing under a Maine mahogany 
quahog permit to land ocean quahogs in Maine; (8) requires vessels 
fishing in the zone under an individual transferable quota (ITQ) and 
landing their catch outside Maine to land at a facility participating 
in an overall food safety program operated by the official state agency 
having jurisdiction 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) gives the Administrator, Northeast Region, NMFS 
(Regional Administrator) the authority to suspend the existing vessel 
notification requirements for vessels possessing a Maine mahogany 
quahog permit and fishing in the zone, if he determines it is not 
necessary for enforcement.
    In addition to these management measures, all vessel owners 
prosecuting the Maine mahogany quahog fishery must continue to abide by 
the vessel owner and dealer reporting and recordkeeping requirements 
set forth in 50 CFR part 648.

Comments and Responses

    Twenty-six comments were received during the comment periods on 
Amendment 10 and the proposed rule. This includes 21 commenters who 
submitted identical letters. Twenty-five commenters supported the 
amendment and one was opposed, though several requested modification of 
specific measures. Twenty-five commenters raised concerns regarding the 
replacement provisions.
    Comment 1: The Commissioner of the Maine Department of Marine 
Resources (Commissioner) commented that the initial quota of 100,000 
Maine bushels (35,150 hL) and its potential subsequent adjustment of 
between 17,000 and 100,000 Maine bushels (5,975 and 35,150 hL) is 
somewhat arbitrary because it is based solely upon historical landings. 
Quota calculations based upon sustainable yields, independent from the 
initial quota, are encouraged by the amendment but may be in excess of 
100,000 or less than 17,000 Maine bushels. The Commissioner asks that 
the regulations be modified so that the quota can be adjusted beyond 
the amounts specified.
    Response: As explained in Amendment 10, a reliable survey of 
abundance has not been conducted for the Maine stock of mahogany 
quahogs. Historical landings information based on NMFS and State of 
Maine records comprise the best scientific information available to set 
quotas, consistent with national standard 2 of the Magnuson-Stevens Act 
Fishery Conservation and Management Act (Magnuson-Stevens Act). Such 
historical data are not arbitrary. Amendment 10 notes that a stock 
assessment could result in the modification of the quota range and that 
such a modification would have to be made by a subsequent amendment to 
Amendment 10. NMFS has no authority to make such a change prior to that 
amendment process.
    Comment 2: Industry participants and the Commissioner commented 
that the vessel replacement provisions in the proposed rule are in 
violation of national standards 5, 6, and 10 of the Magnuson-Stevens 
Act. The industry participants noted that they should have the right to 
upgrade their vessels to meet changing needs.
    Response: NMFS notes that various restrictions on vessel 
replacement are in effect for nearly all the limited entry fisheries 
managed under authority of the Magnuson-Stevens Act. In regard to 
national standard 5, which requires that management measures consider 
economic efficiency where practicable, the commenters may be correct in 
assuming that certain vessel owners would increase the economic 
efficiency of their vessels by replacing them with larger ones, though 
in a small-scale fishery such as this there may be limits to the 
improvements. However, limits on increases in vessel length, tonnage, 
and horsepower are implemented to protect fish stocks by indirectly 
controlling fishing capacity.
    National standard 6 requires that management measures take into 
account and allow for variations among, and contingencies in, 
fisheries, fishery resources, and catches. Amendment 10 achieves this 
through establishing an annual quota-setting mechanism. The amendment 
sets a maximum initial quota consistent with historical landings. Quota 
increases can occur once accurate biomass estimates are produced. Quota 
decreases from the maximum 100,000 bushel initial quota can occur 
annually based on the advice of the Maine Ocean Quahog Advisory Panel 
through the Surf Clam and Ocean Quahog Committee. Variations among, and 
contingencies in, both the resource and catches could result in annual

[[Page 27483]]

changes to the frameworked maximum annual quota, or result in 
initiation of the amendment process.
    National standard 10 requires that management measures promote the 
safety of human life at sea. The commenter's assertion that larger 
vessels are safer is not necessarily true. Safety is more of the 
seaworthiness function of a vessel than its size.
    While the measure has been approved, NMFS remains concerned about 
the provision concerning future replacement of a vessel issued a Maine 
mahogany quahog permit. NMFS noted that the measure is inconsistent 
with similar measures in other fishery management plans in the region, 
including recent plans enacted by the Council for the black sea bass 
and summer flounder fisheries. NMFS believes this issue will be 
resolved by the amendment the Mid-Atlantic and New England Fishery 
Management Councils have begun to develop to standardize these 
requirements.
    Comment 3: One industry participant suggested that the size of the 
Maine bushel should be equal to that of the standard clam bushel used 
in the Mid-Atlantic region.
    Response: The Maine mahogany fishery has historically utilized a 
bushel measuring 1.2445 cubic feet in volume, smaller than the standard 
clam bushel, which measure 1.8800 cubic feet in volume. NMFS sees no 
need to make this change and believes it could create confusion in the 
industry and undermine the accuracy of monitoring and reporting 
efforts.
    Comment 4: One commenter believes that harvest by State of Maine 
licensed vessels in State waters should not count against the 100,000 
Maine bushel initial quota.
    Response: NMFS notes that the initial quota of 100,000 Maine 
bushels is based upon historical landings from both State of Maine and 
Federal waters. Therefore, landings from both State and Federal waters 
must be counted against the quota. Several fishery management plans, 
such as those for Summer Flounder and Scup use an aggregate of state 
and Federal landings in establishing and monitoring annual quotas.
    Comment 5: Twenty-three commenters, including the Commissioner, 
requested the suspension of the trip notification requirements in the 
final rule.
    Response: As authorized by Amendment 10, the Regional Administrator 
has suspended the notification requirement for the Maine mahogany 
quahog fishery.

Suspension of Notification Requirements

    The Regional Administrator, pursuant to 50 CFR 648.15(b)(4), may 
suspend the trip notification 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 
has suspended these notification requirements. If NMFS Law Enforcement 
advises in the future that such notification is necessary to enforce 
effectively the management measures in the Maine mahogany quahog zone, 
the Regional Administrator advises that the notification requirements 
will be re-established for the fishery as specified in the final rule. 
The vessel notification requirements remain in effect for vessels 
fishing under an ITQ allocation permit irrespective of area fished.

Classification

    The Regional Administrator determined that Amendment 10 is 
necessary for the conservation and management of the Maine mahogany 
quahog fishery and that it is consistent with the Magnuson-Stevens Act 
and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA). The collection of this 
information has been approved by the Office of Management and Budget, 
OMB Control Number 0648-0202. Public reporting burden for these 
collections-of-information is estimated to average 30 minutes for a new 
vessel permit, 30 minutes for an appeal, and 15 minutes for a renewal 
application for a permit. The estimated response time includes the time 
needed for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection-of-information. Send comments regarding these burden 
estimates or any other aspect of the data requirements, including 
suggestions for reducing the burden to NMFS and OMB (see ADDRESSES).
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the PRA unless that collection of information displays a currently 
valid OMB control number.
    When this rule was proposed, 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 rule would not have a significant economic impact on a 
substantial number of small entities. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not prepared.
    Amendment 10 relieves several restrictions for participants in the 
Maine mahogany quahog fishery. These include the use of 32-bushel cages 
to offload quahogs and the placement of tags on cages to indicate that 
the harvest is counted toward the appropriate individual allocation. In 
particular, the requirement to use 32-bushel cages is infeasible for 
the smaller Maine mahogany quahog vessel and docks due to the cage 
size. In addition, mahogany quahog vessels harvest on a small scale, 
and it is inappropriately restrictive to use a 32-bushel container to 
measure landings.
    The implementation of Amendment 10 regulations will relieve an 
economic restriction for approximately 68 vessels, which will no longer 
be subject to requirements under the FMP. Accordingly, under 5 U.S.C. 
553(d)(1), it is not subject to a 30-day delay in effective date. 
However, since many vessel owners that comprise the fishery will 
require additional time to obtain the moratorium permit, NMFS makes 
this rule effective May 21, 1998.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 13, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble 15 CFR chapter IX and 50 
CFR chapter VI are amended as follows:

15 CFR CHAPTER IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENT UNDER THE 
PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, in paragraph (b), the table is amended by adding, 
in

[[Page 27484]]

numerical order, the following entry to read as follows:


Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

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                                             Current OMB control number 
  CFR part section where the information    (all numbers Begin with 0648-
     collection requirement is located                   ).             
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50 CFR                                                                  
648.76....................................  -0202                       
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50 CFR CHAPTER VI

PART 648--FISHERIES OF NORTHEASTERN UNITED STATES

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

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

    4. 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.
* * * * *
    5. 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 May 19, 1999.
    (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 on 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]
* * * * *
    6. In Sec. 648.14, paragraphs (a)(23), (24), and (25) are revised, 
paragraphs (a)(105) through (109) and paragraph (a)(113) are added, and 
paragraph (x)(1)(ii) and the first sentence of paragraph (x)(1)(iii) 
are revised to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (23) Land unshucked surf clams or ocean quahogs harvested in or 
from the EEZ outside 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).
* * * * *
    (105) Offload unshucked surf clams or ocean quahogs harvested in or 
from the EEZ outside 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 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, operated by the 
official state agency having jurisdiction, 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.
* * * * *
    (113) Land ocean quahogs outside Maine that are harvested in or 
from the

[[Page 27485]]

EEZ within the Maine mahogany quahog zone, except at a facility 
participating in an overall food safety program, operated by the 
official state agency having jurisdiction, 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.
* * * * *
    (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 are deemed 
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. * * *
* * * * *
    7. 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 enforce effectively 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.
* * * * *
    8. 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 the requirements of the National Shellfish Sanitation Program 
and adopted by the Interstate Shellfish Sanitation Conference as 
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 these 
areas contact the State of Maine Division of Marine Resources at (207-
624-6550).
    (2) [Reserved]
    9. 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:
* * * * *
    10. Section 648.76 is added to subpart E to read as follows.


Sec. 648.76  Maine mahogany quahog zone.

    (a) Landing requirements. (1) A vessel issued a valid Maine 
mahogany quahog permit pursuant to Sec. 648.4(a)(4)(i), and 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 in 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 
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 and 100,000 Maine bushels 
(5,975 and 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 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. 98-13284 Filed 5-14-98; 4:41 pm]
BILLING CODE 3510-22-P