[Federal Register Volume 67, Number 14 (Tuesday, January 22, 2002)]
[Rules and Regulations]
[Pages 2824-2826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1500]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 011004242-2005-02; I.D. 092401F]
RIN 0648-APO9


Fisheries of the Northeastern United States; 2002 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; 2002 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 2002. These 
quotas 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 2002.

DATES: Effective from January 16, 2002, through December 31, 2002.

ADDRESSES: 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: Daniel Furlong, Executive Director, Mid-Atlantic 
Fishery Management Council, Room 2115, Federal Building, 300 South New 
Street, Dover, DE 19904-6790. A copy of the EA/RIR/FRFA is accessible 
via the Internet at http:/www.nero.gov/ro/doc/nr.htm.

FOR FURTHER INFORMATION CONTACT: Walter Gardiner, Fishery Management 
Specialist, 978-281-9326.

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Atlantic 
Surf Clam and Ocean Quahog Fisheries (FMP) requires 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 
should allow sustainable 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 must

[[Page 2825]]

also consider the economic impacts of the quotas. Regulations 
implementing Amendment 10 to the FMP, published on May 19, 1998 (63 FR 
27481), 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 within a range 
of 17,000 to 100,000 Maine bushels (bu) (5,991 to 35,240 hectoliters 
(hL)), with an initial amount of 100,000 Maine bu (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.
    Detailed background information regarding the development of these 
quotas was provided in the preamble to the proposed rule published at 
66 FR 53770, October 24, 2001, and is not repeated here. The comment 
period for that rule ended on November 23, 2001. No comments were 
received during the comment period, and the final quotas for 2002, 
which are unchanged from those in the proposed rule, are shown in the 
table below. The 2002 quotas for both ocean quahogs and Maine mahogany 
quahogs are the same as the 2001 quotas. However, the 2002 surf clam 
quota is 10 percent higher than the 2001 quota.

                   2002 SURF CLAM/OCEAN QUAHOG QUOTAS
------------------------------------------------------------------------
                                   2002 final quotas   2002 final quotas
             Fishery                     (bu)                (hL)
------------------------------------------------------------------------
\1\ Surf clam                             3,135,000           1,669,000
\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

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    A delay in the effective date of this final rule would cause a 
disruption in the ordinary commerce of the surf clam and ocean quahog 
fisheries. Individual Transferable Quota shareholders each receive a 
portion of the overall quota for these two species. An allocation 
holder receives an amount of cage tags equivalent to his/her share of 
the overall quota. Fishing for surf clams and ocean quahogs begins on 
January 1, regardless of the publication of the annual quota. 
Historically, allocations have been transferred either permanently or 
temporarily to meet changing economic circumstances in the fishery from 
the commencement of these fisheries. For example, vessel owners who 
enter into a supply contract with a processor may experience vessel 
breakdowns that thwart performance of their contractual obligations. In 
this situation it is imperative that the vessel owner have the ability 
to request that NMFS temporarily transfer part of his/her allocation to 
another harvester who is willing to fulfill the terms of the supply 
contract. Further, allocation holders at times pledge their allocation 
as security for a loan. This entails the transfer of the individual 
allocation to the lending institution for the pendency of the loan. 
Without an effective quota, NMFS cannot make either a partial transfer 
or an entire allocation effective, permanently or temporarily. This 
inability on the part of NMFS to make such transfers effective would 
have a negative economic impact on the surf clam and ocean quahog 
fisheries. Therefore, there is good cause under 5 U.S.C. 553(d)(3) to 
waive the 30-day delayed effectiveness period for the implementation of 
the 2002 surf clam, ocean quahog, and Maine mahogany quahog quotas.
    NMFS and the Council prepared a FRFA for this action. A copy of the 
FRFA is available from the Council (see ADDRESSES). The preamble to the 
proposed rule and specifications included a detailed summary of the 
analysis contained in the Initial Regulatory Flexibility Analysis 
(IRFA), which is not repeated here. A summary of the FRFA, focusing 
upon the impacts of the final measures, follows:
    A description of the reasons why this action is being taken by the 
agency and the objectives of this final rule are explained in the 
preambles of the proposed rule and this final rule. 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 final rule.

Public Comments

    There were no public comments received in response to the IRFA's 
analysis of the expected impacts of the proposed regulations on small 
entities.

Minimizing Significant Economic Impact of Small Entities

    These specifications establish a 10-percent increase in the surf 
clam quota and continue the ocean quahog and Maine mahogany ocean 
quahog quota without change from the 2001 quotas. Since 2000 harvest 
levels of 2.561 and 3.161 million bu (1.364 million hL to 1.683 million 
hL) for surf clams and ocean quahogs, respectively, were below the 2002 
quotas implemented by this action, and NMFS and the Council assume no 
changes in fishing effort or yield-to-effort will take place in 2001, 
these 2002 quotas are not expected to constrain the overall harvest in 
the fishery. As a result, harvesters could increase their landings over 
the 2000 levels, and additional revenues could accrue in 2002.

Vessels

    In 2000, a total of 48 vessels reported harvesting surf clams or 
ocean quahogs from Federal waters under an Individual Transferable 
Quota (ITQ) system. Average 2000 gross income from surf clam harvests 
was $702,317 per vessel, and $470,854 per vessel from ocean quahog 
harvests. In the small artisanal fishery for ocean quahogs in Maine, 34 
vessels reported harvests in the clam logbooks, with an average value 
of $97,223 per vessel. All of these vessels fall within the definition 
of a small entity.
    For ocean quahogs, the proposed 2002 quota is 4.500-million bu 
(2.396-million hL). The other alternatives considered were 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 4.000 million bu (2.129 million hL) of ocean quahogs. Adoption 
of a 4.000-million bu (2.129-million hL) quota would represent a 12-
percent decrease from the current 4.500-million

[[Page 2826]]

bu (2.396-million hL) quota and, assuming the entire quota is 
harvested, a 27-percent increase in harvest from the 2000 harvest level 
of 3.161 million bu (1.683 million hL). This alternative would take the 
most conservative approach to managing the fishery that is currently 
available to NMFS and 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 90-percent 
increase in landings from 2000, assuming that all of the quota is 
harvested. However, 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 (two of the most 
productive ocean quahog vessels sank in January 1999 and have not been 
replaced). Since all alternatives, including the preferred, would yield 
increases relative to the actual 2000 landings, increased revenues 
would be likely to occur.
    For surf clams, the proposed 2002 quota is 3.135 million bu (1.669 
million hL). The other alternatives considered were 1.850, 2.850, 
3.000, and 3.400 million bu (0.985, 1.517, 1.597, 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 a 1.850-
million bu (0.985-million hL) quota would represent a 35-percent 
decrease from the current 2.850-million bu (1.517-million hL) quota, 
and a 28-percent decrease from the 2000 harvest level of 2.561 million 
bu (1.364 million hL). A reduction in quota of this magnitude would 
have a substantially negative impact on overall ex-vessel revenues. 
Adoption of the 2.850-million bu (1.517-million hL) quota would most 
likely have a limited impact on small entities, since it is identical 
to the 2001 quota. Adopting the maximum allowable quota of 3.400 
million bu (1.810 million hL) for surf clams would allow for a 19-
percent increase in harvest. The Council considered a 5-percent 
increase in quota from the 2001 level to 3.000 million bu (1.597 
million hL), but industry representatives stated that they preferred a 
10-percent increase. The preferred alternative allows for the 10-
percent increase of 2.850 million bu (1.517 million hL) to 3.135 
million bu (1.669 million hL). The only alternative that would reduce 
revenues to vessels is the 1.850-million bu (0.985-million hL) 
alternative. Both the status quo quota and the 5-percent increase 
alternative could be constraining on industry. At best, the 5-percent 
increase would probably increase revenues by a small amount. The 
resource can support the 10-percent increase in landings and the 
industry believes it can harvest and process this additional product.
    The proposed 2002 quota for Maine mahogany ocean quahogs is 100,000 
Maine bu (35,240 hL), which is the maximum allowed under the FMP. The 
FMP specifies that upward adjustments to the quota would require a 
scientific survey and stock assessment of the Maine mahogany ocean 
quahog resource. However, no survey or assessment has been conducted. 
Two other alternatives were considered: 50,000 Maine bu (17,620 hL) and 
72,466 Maine bu (25,537 hL). Any quota below the 1999 landing level of 
93,938 Maine bu (33,104 hL) would most likely have resulted in a 
decrease in revenues to individual vessels. The proposed quota is the 
least constraining allowed under the FMP.

Processors

    Nine to 12 processors currently participate in the surf clam and 
ocean quahog fisheries. However, five firms are responsible for the 
vast majority of purchases in the vessels and sale of processed clam 
products in wholesale markets. Impacts to surf clams and ocean quahog 
processors would most likely mirror the impacts of the various quota 
alternatives 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 depend on the price of processed clams, relative to the price 
of available clam substitutes.

Allocation Holders

    In 2001, there were 99 surf clam allocation holders, while 63 firms 
or individuals held an ocean quahog allocation. Under the 2002 quotas, 
the increase in the surf clam quota could benefit those who purchase 
quota (through lower prices (values)) and negatively impact sellers of 
quota, because of reduction in value due to the increased allocation of 
surf clams to each allocation holder. Some allocation holders who might 
otherwise have found it necessary or desirable to purchase quota share 
from others will have sufficient quota available to them in 2002 to 
make additional quota purchases unnecessary. Because the ocean quahog 
quota is unchanged from 2001, no impacts on allocation holders are 
expected.
    The RIR/IRFA is available from the Council (see ADDRESSES). This 
final rule does not contain policies with Federalism implications as 
that term is defined in Executive Order 13132; therefore, preparation 
of a Federalism assessment is not necessary.

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

    Dated: January 15, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-1500 Filed 1-16-02; 3:22 pm]
BILLING CODE 3510-22-S