[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Proposed Rules]
[Pages 63434-63436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30288]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 981104276-8276-01; I.D. 100898A]


Fisheries of the Northeastern United States; Proposed 1999 
Fishing Quotas for Atlantic Surf Clams and Ocean Quahogs

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

ACTION: Proposed 1999 fishing quotas for Atlantic surf clams, ocean 
quahogs, and Maine mahogany quahogs; request for comments.

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SUMMARY: NMFS issues these proposed quotas for the Atlantic surf clam, 
ocean quahog, and Maine mahogany quahog fisheries for 1999. These 
quotas were selected from a range defined as optimum yield (OY) for 
each fishery. The intent of this action is to propose allowable harvest 
levels of Atlantic surf clams and ocean quahogs from the exclusive 
economic zone and propose an allowable harvest level of Maine mahogany 
quahogs from the waters north of 43 deg.50'N. lat. in 1999.

DATES: Public comments must be received on or before December 17, 1998.

ADDRESSES: Copies of the Mid-Atlantic Fishery Management Council's 
analysis and recommendations are available from Daniel T. Furlong, 
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, 
Federal Building, 300 South New Street, Dover, DE 19901-6790.
    Send comments to: Jon Rittgers, Acting Regional Administrator, 
Northeast Region, NMFS, 1 Blackburn Drive, Gloucester, MA 01930-2298. 
Mark on the outside of the envelope, ``Comments--1999 Surf Clam and 
Quahog Quotas.''

FOR FURTHER INFORMATION CONTACT: David Gouveia, Fishery Management 
Specialist, 978-281-9280.

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Atlantic 
Surf Clam and Ocean Quahog Fisheries (FMP) directs the Assistant 
Administrator for Fisheries, 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 that represents the 
OY for each fishery. It is the policy of the Council that the levels 
selected allow fishing to continue at that level for at least 10 years 
for surf clams and 30 years for ocean quahogs. While staying within 
this constraint, the Council policy is to consider economic benefits of 
the quotas. Regulations implementing Amendment 10 to the FMP published 
on May 19, 1998 (63 FR 27481), established a small artisanal fishery in 
the waters north of 43 deg.50' N. lat. for Maine mahogany quahogs and 
an initial annual quota of 100,000 Maine bushels (35,150 hectoliters 
(hL)). As specified in Amendment 10, the Maine mahogany quahog quota is 
in addition to the quota specified for the ocean quahog fishery.
    The fishing quotas must be in compliance with overfishing 
definitions for each species. The overfishing definitions are fishing 
mortality rates of F20%!(20 percent of maximum 
spawning potential (MSP)) for surf clams and F25%
!(25 percent of MSP) for ocean quahogs and Maine mahogany quahogs 
combined.
    In proposing these quotas, the Council considered the available 
stock assessments, data reported by harvesters and processors, and 
other relevant information concerning exploitable biomass and spawning 
biomass, fishing mortality rates, stock recruitment, projected effort 
and catches, and areas closed to fishing. This information was 
presented in a written report prepared by the Council staff. The 
proposed quotas for the 1999 Atlantic surf clam, ocean quahog, and 
Maine mahogany quahog fisheries are shown below. The surf clam and 
Maine mahogany quahog quotas would be unchanged from the 1998 level, 
and the ocean quahog quota would be increased from the 1998 level by 13 
percent.

               Proposed 1999 Surf Clam/Ocean Quahog Quotas
------------------------------------------------------------------------
                                                 1999 final   1999 final
                    Fishery                     quotas (bu)  quotas (hL)
------------------------------------------------------------------------
Surf clam1 ...................................    2,565,000    1,362,000
Ocean quahog1 ................................    4,500,000    2,387,000
Maine mahogany quahog2 .......................      100,000       35,150
------------------------------------------------------------------------
1 1 bushel = 53.24 liters.
2 1 bushel = 35.4 liters.

Surf Clams

    The Council recommends a 1999 quota of 2.565 million bushels (1.362

[[Page 63435]]

million hL) for surf clams, a level unchanged since 1995. This level of 
quota was estimated as corresponding to the fishing mortality rate that 
would be required to harvest the annual surplus production for Northern 
New Jersey. The vast majority of the catch (>80 percent) is currently 
derived from the Northern New Jersey area, which contains about 36 
percent of the coast-wide resource. Since surf clams reach a 
harvestable size in 6 to 7 years and recruitment is evident, this level 
of quota will not harm the long-term sustainability of the resource.
    As specified in the FMP, the quota level must comply with the surf 
clam overfishing definition. Based on the surf clam overfishing 
definition of F20%, this translates to F = 0.18 for surf 
clams. The F in 1997 associated with a quota of 2.565 million bushels 
(1.362 million hL) was approximately 0.04 for the Northern New Jersey 
area. The specific F associated with the 1999 quota will be calculated 
when the next assessment is complete, but should be approximately the 
estimated F in 1997 for Northern New Jersey. Therefore, the proposed 
quota is below the approved overfishing threshold definition for 
fishing mortality.
    The proposed quota was the Council's preferred alternative quota 
for the 1999 surf clam fishery. This preferred alternative was based on 
the surf clam analysis found in the 26th Northeast Regional Stock 
Assessment Workshop (SAW 26). SAW 26 utilized recent data from the 1997 
survey, which included work to estimate dredge efficiency. Although SAW 
26 showed a significant increase in surf clam biomass, the Council 
chose not to consider a quota increase for 1999 because of three main 
factors: (1) The vast majority of the catch (>80 percent) is derived 
from the Northern New Jersey area, and the net productivity of that 
area appears to be at an equilibrium with the current catches; (2) the 
1997 Federal surf clam landings were 6 percent less than the 1997 quota 
and preliminary data for 1998 also indicates that landings will also be 
below the 1998 quota level; and (3) although SAW 26 utilized a new 
dredge efficiency estimate to derive a sharp increase in surf clam 
biomass, this assessment is the first conducted using the new estimate.
    The Council continues to assume that none of the Georges Bank 
resource (approximately one quarter of the resource) would be available 
during the next 10 years for harvesting because of paralytic shellfish 
poisoning. In the recent past, both the Council's Surf Clam and Ocean 
Quahog Committee and the Industry Advisory Group believed that the 
reopening of the Georges Bank area was uncertain and too speculative to 
base quota recommendations upon. There was no discussion about surf 
clam availability from Georges Bank relative to the 1999 quota 
recommendation.

Ocean Quahogs

    The Council recommends a 1999 quota of 4.5 million bushels (2.387 
million hL) for ocean quahogs, an increase of 13 percent from the 1998 
quota level. The FMP specifies that the quota level must comply with 
the ocean quahog overfishing definition. Based on the ocean quahog 
overfishing definition of F25%, this yields F = 0.04. The 
1997 quota yielded an F of approximately 0.021. The specific F 
associated with the 1999 quota will be calculated when the new 
assessment is complete but should be close to the F in 1997 since a 
significant proportion of the biomass remains unexploited. Therefore, 
the proposed quota is below the approved overfishing definition for 
fishing mortality. The Atlantic surf clam and ocean quahog quotas are 
specified in standard bushels of 53.24 liters per bushel while the 
Maine mahogany quahog quota is specified in ``Maine'' bushels of 35.4 
liters per bushel. Since Maine mahogany quahogs are the same species as 
ocean quahogs, both species are combined and share the same ocean 
quahog overfishing definition. When the two quota amounts are added, 
the total allowable harvest is lower than the level that would result 
in overfishing for the entire stock, as previously defined in the ocean 
quahog overfishing definition.
    The Council proposes a 1999 ocean quahog quota based on the 
analysis found in the 27th Northeast Regional Stock Assessment Workshop 
(SAW 27). As in SAW 26 with respect to surf clams, SAW 27 also utilized 
recent data from the 1997 survey, which included work to estimate 
dredge efficiency, and showed a significant increase in the ocean 
quahog biomass. Although 30 percent of the resource is located on 
Georges Bank, SAW 27 did not question whether Georges Bank would ever 
be reopened. However, SAW 27 showed that using the entire resource, 
with a harvest level of only 4 million bushels (2.122 million hL), 
would produce a supply year harvest equivalent to 76 years. That is 
significantly longer than the period specified in the Council's policy 
of at least 30 years. The resource is of sufficient size overall that 
the 30 percent that is on Georges Bank is not necessary to meet the 
Council's 30-year supply policy.
    Although SAW 27 showed that the ocean quahog quota could have been 
increased by more than 13 percent from the 1998 quota level, the 
Council chose the half-million bushel increase for 1999 because of four 
main factors: (1) The resource is at medium-high level of biomass and 
is considered under-exploited at the scale of the management unit; (2) 
the 1997 landings were constraining to industry; (3) most industry 
members supported the 4.5 million figure; and (4) as with surf clams, 
although SAW 27 utilized a new dredge efficiency estimate to derive a 
sharp increase in ocean quahog biomass, this assessment represents only 
one point over time.
    The Council also voted to recommend that the Maine mahogany quahog 
quota remain unchanged from the 1998 quota level at 100,000 Maine 
bushels (35,140 hL) for 1999. This quota pertains to the zone of both 
state and Federal waters off the eastern coast of Maine north of 
43 deg.50' N. lat. Amendment 10, which established management measures 
for this small artisanal fishery for ocean quahogs was implemented in 
May of 1998. Data from the federally managed fishery is just beginning 
to be compiled, and there has been no attempt yet to develop and 
conduct a scientific survey of the extent of the resource. Apparently, 
maintaining the quota at its current level for another year will not 
constrain the fishery or endanger the resource.

Classification

    This action is authorized by 50 CFR part 648, complies with the 
National Environmental Policy Act, and 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, for the reasons set forth below, 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.
    The Council prepared a Regulatory Impact Review (RIR), which 
describes the impact this proposed rule, if adopted, would have on 
small entities. The RIR notes that 50 vessels reported harvesting surf 
clams or ocean quahogs from Federal waters in 1997 under an individual 
transferable quota (ITQ) system. These vessels sold their catches to 11 
companies. Under the ITQ system, the right to harvest is allocated to 
125 owners, some of whom harvest either surf clam or ocean quahog and 
some of whom harvest both.
    The Council proposes maintaining a surf clam quota of 2.565 million 
bushels, a level which has been

[[Page 63436]]

unchanged since 1995. The Council notes that 80 percent of the surf 
clam harvest is concentrated off the coast of Northern New Jersey. The 
most recent scientific advice indicates that, while overall that stock 
could sustain higher harvests, careful consideration must be given to 
such an increase since harvesting activity is likely to remain focused 
off Northern New Jersey, where current catches approximately equal 
stock production. In addition, the Council expressed concern that the 
1997 quota was not attained. The proposal to maintain the surf clam 
quota at the current 1998 level was opposed by some industry 
representatives who argued that there was adequate biological 
information to justify an increase in surf clam quota. However, the 
Council's quota setting policy for surf clams requires consideration of 
the economic benefits. The Council, in recommending no change from the 
1998 quota level for surf clams, relied upon industry comment with 
respect to those economic benefits. Some argued that a quota increase 
would encourage corporate consumers to develop new products to utilize 
surf clams and generate benefits. Others argued against an increase, 
noting the current quota is not being fully harvested and an additional 
quota would only create surplus supply.
    The Council also recommends an ocean quahog quota of 4.500 million 
bushels (a 13 percent increase from the 1998 quota of 4.000 million 
bushels) and no change in the Maine mahogany quahog quota from the 1998 
level of 100,000 Maine bushels. Similar to that of surf clams, the most 
recent scientific information reported higher biomass estimates for 
ocean quahogs. However, the advice noted that local declines in quahog 
abundance could occur if the fishery concentrated in areas of high 
biomass. The 1998 Maine mahogany quahog quota level was implemented in 
May of this year and is not projected to be harvested. Therefore, 
because the proposed quota levels do not restrict the harvest levels of 
these fisheries from their 1998 levels, it is anticipated that this 
action will not have a significant impact on a substantial number of 
these small entities engaged in these fisheries. A copy of the RIR is 
available from the Council (see ADDRESSES).

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

    Dated: November 6, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-30288 Filed 11-6-98; 4:46 pm]
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