[Federal Register Volume 65, Number 217 (Wednesday, November 8, 2000)]
[Proposed Rules]
[Pages 66960-66962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28675]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 99128355-0305-03; I.D. 101200F]
RIN 0648-AM50


Fisheries of the Northeastern United States; Proposed 2001 
Fishing Quotas for Atlantic Surf Clams, Ocean Quahogs, and Maine 
Mahogany Ocean Quahogs

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

ACTION: Proposed 2001 fishing quotas for Atlantic surf clams, ocean 
quahogs, and Maine mahogany ocean quahogs; request for comments.

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SUMMARY: NMFS issues proposed quotas for the Atlantic surf clam, ocean 
quahog, and Maine mahogany ocean quahog fisheries for 2001. Regulations 
governing these fisheries require NMFS to propose for public comment 
specifications for the 2001 fishing year. The intent of this action is 
to propose allowable harvest levels of Atlantic surf clams and ocean 
quahogs from the exclusive economic zone and an allowable harvest level 
of Maine mahogany ocean quahogs from the waters north of 43 deg.50'N. 
lat. in 2001.

DATES: Comments must be received no later than 5 p.m., eastern standard 
time, on December 8, 2000.

ADDRESSES: Copies of supporting documents, including the Environmental 
Assessment, Regulatory Impact Review, Initial Regulatory Flexibility 
Analysis (EA/RIR/IRFA), and the Essential Fish Habitat Assessment, are 
available from Patricia A. Kurkul, Regional Administrator, Northeast 
Region, National Marine Fisheries Service, One Blackburn Drive, 
Gloucester, MA 01930-2298. The EA/RIR/IRFA is accessible via the 
Internet at http://www.nero.gov/ro/doc/nr.htm.
    Written comments on the proposed specifications should be sent to 
the Regional Administrator. Mark on the outside of the envelope, 
``Comments--2001 Clam and Quahog Specifications.'' Comments may also be 
sent via facsimile (fax) to (978)281-9371. Comments will not be 
accepted if submitted via e-mail or the Internet.
    Send comments on any ambiguity or unnecessary complexity arising 
from the language used in this proposed rule to Patricia A. Kurkul, 
Regional Administrator.

FOR FURTHER INFORMATION CONTACT: Jennifer L. Anderson, Fishery 
Management Specialist, 978-281-9226.

SUPPLEMENTARY INFORMATION: The Fishery Management Plan (FMP) for the 
Atlantic Surf Clam and Ocean Quahog Fisheries directs NMFS, 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 optimum yield (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 for 30 years for ocean quahogs. While staying within this 
constraint, the Council policy is to also consider the economic 
benefits of the quotas. Regulations implementing Amendment 10 to the 
FMP (63 FR 27481, May 19, 1998) added Maine mahogany ocean quahogs to 
the management unit and provide that a small artisanal fishery for 
ocean quahogs in the waters north of 43 deg.50' N. lat. will have an 
annual quota with an initial amount of 100,000 Maine bushels (bu) 
(35,240 hectoliters (hL)) within a range of 17,000 to 100,000 Maine bu 
(5,991 hL to 35,240 hL). As specified in Amendment 10, the Maine 
mahogany ocean 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 definition for ocean 
quahogs is based on a control rule, which requires a biomass target of 
1/2 virgin biomass or 2 billion lb (907,200 mt) of meats (200 million 
bu); a fishing mortality rate (F) target of F0.1 = 0.02; a biomass 
threshold of 1/2 biomass target, or 1 billion lb (453,600 mt) of meats 
(100 million bu); and a fishing mortality threshold of F25% = 0.042. 
The current biomass is estimated to be around 3.3 billion lb (1.6 
million mt) of meats (330 million bu), or about 80 percent of the 
virgin biomass, and current F is estimated to be 0.02. NMFS approved 
the overfishing definition for ocean quahogs contained in Amendment 12 
to the FMP, but disapproved the proposed overfishing definition for 
surf clams because it was based only on surf clams from the Northern 
New Jersey area and did not take into account the entire range of the 
resource. The December 1999 Stock Assessment Review Committee (SARC) 
proposed an overfishing definition for surf clams, which the Council 
reviewed and approved at its March 2000 meeting. The Council-approved 
definition has a biomass target of 1/2 of current biomass as a proxy 
for FMSY (1.4 billion lb, or 640 thousand mt, or 82.4 million bu); a 
biomass threshold of 1/2 of the proxy for BMSY (700 thousand lb or 320 
thousand mt); a fishing mortality threshold of FMSY, where the current 
best proxy for FMSY is the natural mortality rate (M) (0.15), and 
requires that the F target will always be set less than the F threshold 
and that it will be the F associated with the Council-selected quota 
(approximately 0.03 for 2001). This new overfishing definition for surf 
clams will be submitted to the Secretary for approval in Amendment 13, 
which the Council anticipates will be completed in early 2001.
    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 2001 Atlantic surf clam, ocean quahog, and 
Maine mahogany ocean quahog fisheries are shown in the following table. 
The status quo levels for 2000 for both the regular ocean quahog and 
the Maine mahogany ocean quahog will be maintained, but the surf clam 
quota will be increased by 11 percent, from 2.565 million bu to 2.85 
million bu (1.366 million hL to 1.518 million hL).

               Proposed 2001 Surf Clam/Ocean Quahog Quotas
------------------------------------------------------------------------
                                            2001 final      2001 final
                 Fishery                    quotas (bu)     quotas (hL)
------------------------------------------------------------------------
\1\Surf clam                                   2,850,000       1,518,000
\1\Ocean quahog                                4,500,000       2,396,000
\2\Maine mahogany quahog                         100,000          35,240
------------------------------------------------------------------------
\1\1 bushel = 1.88 cubic ft. = 53.24 liters
\2\ 1 bushel = 1.2445 cubic ft. = 35.24 liters

Surf Clams

    The Council recommended a 2001 quota of 2.850 million bu (1.518 
million

[[Page 66961]]

hL) for surf clams, an 11-percent increase over the 2000 quota and the 
first change since 1995. This level of quota is reflective of the quota 
levels that existed during the first 5 years of the Individual 
Transferable Quota (ITQ) system (1990 to 1994). The most recent 
biological assessments (from the 1997 and 1999 surveys) indicate the 
resource is healthy, composed of many age classes, and can safely 
sustain increased harvests. However, the assessments noted that the 
majority of the surf clam catch is derived from one area (Northern New 
Jersey) and cautioned that careful consideration should be given to 
implementing a stock-wide quota increase in order to avoid localized 
depletion of the surf clam stock. In addressing this concern, the 
Council has recommended only a slight increase of the surf clam quota. 
Due to recent evidence of sufficient recruitment, it is felt that this 
level of quota will not harm the long-term sustainability of the 
resource. In 1999, the F associated with a quota of 2.565 million bu 
(1.366 million hL) was approximately 0.02; this slight quota increase 
may increase the F to at most 0.03.
    The proposed quota takes into account analysis of surf clam 
abundance that was part of the 30th Northeast Regional Stock Assessment 
Workshop (SAW 30). SAW 30 utilized data from the 1999 surf clam survey, 
which included work to estimate dredge efficiency. Results from the 
1999 survey and assessment corroborate those of the 1997 survey and 
assessment and provided the Council the opportunity to safely increase 
the quota.
    The Council continues to assume that none of the surf clams on 
Georges Bank (approximately one quarter of the total resource) will be 
available in the near future for harvesting because of paralytic 
shellfish poisoning. This area has been closed to the harvest of clams 
and other shellfish since 1989, and the Council and NMFS have no reason 
to believe that it will reopen in the near future.

Ocean Quahogs

    The Council recommended a 2001 quota of 4.5 million bu (2.396 
million hL) for ocean quahogs. This quota would be identical to that 
adopted for the past 2 years, but 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.
    The 1999 quota yielded an F of approximately 0.02, compared with 
the F threshold of 0.04 contained in the overfishing definition. The 
specific F associated with the 2001 quota is expected to be close to 
the F in 1999 because a similar proportion of the biomass remains 
unexploited.
    The Atlantic surf clam and ocean quahog quotas are specified in 
standard bushels of 53.24 liters per bushel, while the Maine mahogany 
ocean quahog quota is specified in ``Main'' bushels of 35.24 liters per 
bushel. Because Maine mahogany ocean quahogs are the same species as 
ocean quahogs, both fisheries are combined and share the same ocean 
quahog overfishing definition. When the two quota amounts are added, 
the total allowable harvest is still lower than the level that would 
result in overfishing for the entire stock, as previously defined in 
the ocean quahog overfishing definition.
    The Council proposed a 2001 ocean quahog quota based on the 
analysis of abundance for that species found in the draft report of the 
31st Northeast Regional Stock Assessment Workshop (SAW 31), concluded 
in August 2000. Similar to surf clams, SAW 31 and the assessment from 
the 1997 survey (SAW 27) included work to estimate dredge efficiency 
and showed a significant increase in the estimate of ocean quahog 
biomass. Although 36 percent of the resource is located on Georges 
Bank, SAW 31 did not question whether Georges Bank would ever be 
reopened. The resource is of sufficient size overall that the 
proportion of ocean quahogs that exists on Georges Bank is not 
necessary to meet the Council's 30-year supply policy. It is estimated 
that, even when excluding the ocean quahog resource portion on Georges 
Bank, around 80 percent of the virgin biomass remains after 2 decades 
of harvesting these long-lived creatures.
    Although SAW 31 showed that the ocean quahog quota could have been 
increased beyond the 2000 quota level, the Council did not recommend 
any change for 2001 because of four major factors: (1) The 1999 quota 
was not constraining to the industry; (2) nearly all industry members 
supported the 4.5-million bu (2.396- million hL) harvest level; (3) 
repeated concern was expressed by the industry over the continued lack 
of apparent ocean quahog recruitment south of Georges Bank; and (4) 
unless prices or technology changes significantly in the near future, 
it is unlikely that the ocean quahog fishery extractions in the past 
are sustainable because those extractions have been dependent on rich 
virgin beds.
    The Council recommended that the Maine mahogany ocean quahog quota 
remain unchanged from the 2000 quota level at 100,000 Maine bu (35,240 
hL) for 2001. There has been no attempt yet to develop and conduct a 
scientific survey of the extent of the Maine resource. From the 
information currently available, maintaining the quota at its current 
maximum level for another year will not seriously constrain the fishery 
or endanger the resource. To increase the quota beyond the current 
maximum level of 100,000 bu (35,240 hL) will require a scientific 
survey and assessment led by the State of Maine.

Classification

    This action is authorized by 50 CFR part 648 and has been 
determined to be not significant for purposes of E.O. 12866.
    The Council prepared an Initial Regulatory Flexibility Analysis 
(IRFA) in section 5.0 of the RIR that describes the economic impacts 
this proposed rule, if adopted, would have on small entities. A 
description of the action, why it is being considered, and the legal 
basis for this action are contained at the beginning of the 
SUPPLEMENTARY INFORMATION section. A summary of the IRFA follows:
    In 1999, a total of 45 vessels reported harvesting surf clams or 
ocean quahogs from Federal waters under an ITQ system. Average 1999 
gross income from surf clam harvests was $646,701 per vessel. Average 
1999 gross income from ocean quahog harvests was $691,316 per vessel. 
In the small artisanal fishery for ocean quahogs in Maine, 38 vessels 
reported harvests in the clam logbooks, with an average value of 
$68,097 per boat. All of these vessels are small entities. The Council 
recommends no change in the 2001 quotas for ocean quahogs or Maine 
mahogany ocean quahogs from their present 2000 quotas of 4.500 and 
0.100 million bu (2.396 million hL and 35,240 hL), respectively. The 
Council recommends an 11-percent increase in the surf clam quota from 
2.565 million bu to 2.85 million bu (1.366 million hL to 1.518 million 
hL).
    Since the 1999 harvest level of 3.772 million bu (2.0 million hL) 
for ocean quahogs is below the 2001 proposed quota and the Council 
assumes that no changes in fishing effort or yield-to-effort will take 
place in 2000, the Council believes that the 2001 proposed quota will 
yield a surplus quota available to vessels participating in the ocean 
quahog fishery. In addition, the Maine mahogany quahog fishery 1999 
harvest level of 0.094 million Maine bu (33,134 hL) is slightly below 
the 2001 proposed quota, and preliminary landings reports for 2000 
suggest that the Maine fishery may reach the 0.100-million Maine bu 
(35,240 hL) quota level allocated to the fishery before the year ends. 
However, fishermen may

[[Page 66962]]

continue harvesting after the mahogany quahog is reached, provided they 
purchase allocation from the ITQ portion of the ocean quahog fishery.
    In the case of the surf clam fishery, nearly 99 percent, or 2.538 
million bu (1.351 million hL), of the 1999 allocation of 2.565-million 
bu (1.366-million hL) quota was harvested. Preliminary trends for 2000 
suggest that the quota will likely be harvested this year as well. Due 
to the scarcity of dense ocean quahog beds inshore, the surf clam 
industry has been increasingly shifting its focus away from the 
harvesting of ocean quahogs and has begun harvesting an increased 
number of surf clams. Therefore, the Council believes that the market 
can now absorb the 2001 proposed quota increase of 11 percent.
    The Council analyzed four ocean quahog quota alternatives, in 
addition to the preferred 4.500-million bu (2.396-million hL) option, 
including 4.000, 4.250, 4.750, and 6.000 million bu (2.129, 2.263, 
2.529, and 3.195 million hL). The minimum allowable quota specified in 
the current OY range is 4.0 million bu (2.129 million hL) of ocean 
quahogs. Adoption of this quota would represent a 12-percent decrease 
from the current 4.5-million bu (2.396-million hL) quota and, assuming 
the entire quota is harvested, a 6.1-percent increase in harvest from 
the 1999 harvest level of 3.770 million bu (2.0 million hL). This 
alternative would take the most conservative approach to managing the 
fishery that is currently available to the Council. Adopting the 
maximum allowable quota of 6.000 million bu (3.195 million hL) for 
ocean quahogs would represent a 33-percent increase in allowable 
harvest and a 59-percent increase in landings from 1999, assuming all 
the quota is taken. The industry does not have a market available to 
absorb such a massive increase in landings and may not have the vessel 
capacity necessary to harvest a quota this large. All of the 
alternatives, including the preferred alternative, would yield 
increased revenues relative to revenues from actual landings.
    The Council identified four surf clam quota alternatives in 
addition to the preferred alternative of 2.850 million bu (1.518 
million hL), including 1.850, 2.365, 2.565, and 3.400 million bu 
(0.985, 1.259, 1.366, and 1.810 million hL). The minimum allowable 
quota specified in the current OY range is 1.850 million bu (0.985 
million hL) of surf clams. Adoption of this quota would represent a 28-
percent decrease from the current 2.565-million bu (1.366-million hL) 
quota, and a 27-percent decrease from the 1999 harvest level of 2.538 
million bu (1.351 million hL). Assuming that demand is price elastic, a 
reduction in quota of this magnitude would have a substantially 
negative impact on overall exvessel revenues. Adoption of the 2.365-
million bu (1.259-million hL) quota would most likely have a limited 
impact on small entities, since it is identical to 1998 base year 
landings of 2.365 million bu (1.259 million hL). Adopting the maximum 
allowable quota of 3.40 million bu (1.810 million hL) for surf clams 
would allow for a 33-percent increase in harvest. The preferred 
alternative allows for the 11-percent increase of 2.565 to 2.85 million 
bu (1.366 million hL to 1.518 million hL). In summation, the Council 
determined that the only alternative that would significantly 
negatively impact revenues to vessels is the 1.850-million bu (0.985-
million hL) alternative for surf clams. The status quo quota and the 
slight reduction alternative would be restrictive and have a slight 
impact on revenues. The resource can support the 11-percent increase in 
landings proposed in the preferred alternative, and the industry 
believes it can utilize this additional product and thus have a 
beneficial impact for the Nation.
    The FMP specifies that the maximum quota for Maine mahogany ocean 
quahogs is 100,000 Maine bu (35,240 hL) and that an increase of the 
quota would require a scientific survey and stock assessment of the 
Maine mahogany ocean quahog resource. An assessment has not been 
completed, and, therefore, the Council did not look at higher 
alternative quotas for this fishery. The Council staff analyzed two 
smaller Maine mahogany ocean quahog quota alternatives, in addition to 
the preferred 100,000-Maine bu (35,240-hL) option, including 50,000 
Maine bu (17,624 hL) and 72,466 Maine bu (25,543 hL). Maine mahogany 
ocean quahog fishermen may supplement their quota by purchasing or 
renting ocean quahog quota from ITQ holders. Therefore, any quota below 
the 1999 landing level of 93,938 bu (33,112 hL) would most likely cause 
a decrease in revenues to individual vessels, while a quota greater 
than that level could cause an increase.
    Nine to 12 processors participated in the surf clam and ocean 
quahog fisheries. However, five firms are responsible for the vast 
majority of purchases in the exvessel market and sale of processed clam 
products in appropriate wholesale markets. Impacts to surf clams and 
ocean quahog processors would most likely mirror the impacts of the 
various quotas to vessels as discussed above. Revenues earned by 
processors would be derived from the wholesale market for clam 
products, and, since a large number of substitute products (i.e., other 
food products) are available, the demand for processed clam products is 
likely to be price elastic and revenues, resulting in revenue increases 
or decreases with changes in price.
    In 2000, surf clam allocation holders totaled 106, while 65 firms 
or individuals held ocean quahog allocation. If the recommended quotas 
are accepted (i.e., no change from 2000 quotas on ocean quahogs, Maine 
mahogany ocean quahogs, and a slight increase of 11 percent for surf 
clams), it is likely that impacts to allocation holders or buyers will 
be minimal. Theoretically, increases in quota would most likely benefit 
those who must purchase quota through lower prices (values) and 
negatively impact sellers of quota because the quota would be reduced 
in value. Decreases in quota would most likely have an opposite effect.
    This proposed rule would not impose any new reporting, 
recordkeeping, or other compliance requirements. Therefore, the costs 
of compliance would remain unchanged.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this proposed 
rule. Such comments should be sent to Patricia A. Kurkul, the Regional 
Administrator (see ADDRESSES).

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

    Dated: November 1, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-28675 Filed 11-7-00; 8:45 am]
BILLING CODE: 3510-22-S