[Federal Register Volume 66, Number 24 (Monday, February 5, 2001)]
[Rules and Regulations]
[Pages 8904-8906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2197]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 991228355-0370-04; I.D. 101200F]
RIN 0648-AM50


Fisheries of the Northeastern United States; 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: Final rule; 2001 fishing quotas for Atlantic surf clams, ocean 
quahogs, and Maine mahogany ocean quahogs.

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SUMMARY: NMFS issues final quotas for the Atlantic surf clam, ocean 
quahog, and Maine mahogany ocean quahog fisheries for 2001. The intent 
of this action is to specify 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: Effective from February 5, 2001, through December 31, 2001.

ADDRESSES: Send comments on any ambiguity or unnecessary complexity 
arising from the language used in this final rule to Patricia A. 
Kurkul, Regional Administrator, Northeast Region, National Marine 
Fisheries Service, One Blackburn Drive, Gloucester, MA 01930-2298. 
Copies of supporting documents, including the Environmental Assessment, 
Regulatory Impact Review, Final Regulatory Flexibility Analysis (EA/
RIR/FRFA), and the Essential Fish Habitat Assessment, are available 
from the Regional Administrator, Northeast Region. The EA/RIR/FRFA is 
accessible via the Internet at http:/www.nero.gov/ro/doc/nr.htm.

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

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Atlantic 
Surf Clam and Ocean Quahog Fisheries (FMP) 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

[[Page 8905]]

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 to the FMP, the 
Maine mahogany ocean quahog quota is in addition to the quota specified 
for the ocean quahog fishery.
    Detailed background information regarding the development of these 
quotas was provided in the preamble to the proposed rule published at 
65 FR 66960, November 8, 2000, and is not repeated here. The comment 
period for that rule ended on December 8, 2000. No comments were 
received, and the final quotas for 2001, which are unchanged from those 
in the proposed rule, are shown in the table below. The 2001 quotas for 
both ocean quahogs and Maine mahogany quahogs are the same as the 2000 
quotas. However, the 2001 surf clam quota is 11 percent higher than the 
2000 quota.

               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

Classification

    NMFS prepared a FRFA for this action. A copy of the FRFA is 
available from NMFS (see ADDRESSES). A summary of the FRFA follows:
    A description of the reasons why action by the agency is being 
taken and the objectives of this final rule are explained in the 
preamble to this rule and are not repeated here. This action does not 
contain any collection-of-information, reporting, or recordkeeping 
requirements. It does not duplicate, overlap, or conflict with any 
other Federal rules. This action is taken under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and regulations at 50 CFR part 648. There are no 
compliance costs associated with this rule.
    There were no public comments submitted in response to the initial 
regulatory flexibility analysis (IRFA). No changes were made from the 
proposed rule.
    In 1999, a total of 45 vessels reported harvesting surf clams or 
ocean quahogs from Federal waters under an individual transferable 
quota (ITQ) system. In the small artisanal fishery for ocean quahogs in 
Maine, 38 vessels reported harvests. All of these vessels are small 
entities.
    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. In 2000, surf clam 
allocation holders totaled 106, while 65 firms or individuals held 
ocean quahog allocation.
    The alternatives implemented by this final rule are expected to 
minimize economic impacts on small entities while achieving the 
conservation goals and objectives of the FMP because two of the quotas 
are the same as last year's quotas, one represents an 11-percent 
increase over last year, and all fall within OY..
    NMFS considered four alternatives to the selected 2001 surf clam 
quota. The selected surf clam quota of 2.85 million bu (1.518 million 
hL) represents an 11-percent increase over the 2000 quota of 2.565 
million bu (1.366 million hL). This alternative was selected because it 
would provide a quota large enough to allow for some increase in demand 
for the product, while not setting it so high as to force some 
allocation holders out of business. There were two alternatives with 
quotas smaller than the one selected. The alternative with the least 
quota allocation represents the minimum OY provided under the FMP (1.85 
million bu (0.985 million hL)), a 28-percent decrease from the 1999 
quota. This quota was not selected because, at this quota level, 
although the price per bushel would likely increase, the overall 
revenues may decrease because it is not likely that the increased price 
would compensate for the reduction in amount of sales. The 2.365- 
million bu (1.259-million hL) quota alternative, the quota alternative 
adopted in 1998, and the 1999 status quo alternative (2.565 million bu 
(1.366 million hL)), were not selected because they provided no 
opportunity for an increase in demand of surf clams. The 3.4-million bu 
(1.810-million hL) alternative quota represents a 33-percent increase 
from the 1999 quota and is the maximum quota allowed by the FMP. This 
alternative was rejected because it would very likely depress exvessel 
prices and increase the risk of business failure for allocation holders 
not associated with a processor, as vertically integrated companies are 
expected to buy product from vessels using allocations they control 
before buying product outside the company.
    NMFS considered four alternatives to the selected 2001 ocean quahog 
quota. The selected quota (4.5 million bu (2.396 million hL)) was 
chosen because it is the same quota as was adopted for 1999 and 2000, 
it does not restrain the fishery, and it is not likely to change 
exvessel prices in the fishery. There were two alternatives with quotas 
smaller than the one selected. The alternative with the least quota 
allocation (4.0 million bu (2.130 million hL)), represents the minimum 
OY provided under the FMP, and is a 12-percent decrease from the 1999 
quota. The other quota alternative (4.250 million bu (2.263 million 
hL)) represents a 6-percent decrease from the 1999 quota. Given that 
both of these alternatives could potentially be constraining to the 
fishery, these alternatives were not selected. Two alternatives above 
the selected quota were also considered, 6.0 million bu (3.194 million 
hL), the maximum OY allowed by the FMP, and 4.75 million bu (2.529 
million hL), a 6-percent increase from the 1999 quota. These 
alternatives were not selected because of a concern that upcoming stock 
assessments may recommend reduced quotas and that the fishery would 
most likely not be able to utilize such an increase in the quota.
    NMFS considered two alternatives to the selected 2001 Maine 
mahogany quahog quota of 100,000 Maine bu (35,240 hL). The selected 
quota and all alternatives fall within the range of OY established by 
the FMP. A quota of 100,000 Maine bu was chosen because it represents 
the highest quota possible under the FMP in the absence of a scientific 
assessment of the resource indicating the quota could be set at a 
higher level. Two alternatives smaller than the selected quota were 
considered, including quotas of 50,000 Maine bu (17,624 hL) and 72,466 
Maine bu (25,543 hL). However, these alternatives were not selected 
because decreasing the quota would unnecessarily constrain the fishery.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Because this rule only establishes year-long quotas to be used for 
the sole

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purpose of closing the fishery when the quotas are reached and does not 
establish any requirements for which a regulatory entity must come into 
compliance, it is unnecessary to delay for 30 days the effective date 
of this rule. Therefore, the Assistant Administrator for Fisheries, 
NOAA, under 5 U.S.C. 553(d)(5), finds good cause not to delay the 
effective date of this final rule.
    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 final 
rule. Such comments should be sent to the Regional Administrator (see 
ADDRESSES).

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

    Dated: January 19, 2001.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-2197 Filed 2-2-01; 8:45 am]
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