[Federal Register Volume 67, Number 209 (Tuesday, October 29, 2002)]
[Proposed Rules]
[Pages 65938-65941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27505]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 021017238-2238-01; I.D. 092602I]
RIN 0648-AQ31


Fisheries of the Northeastern United States; Proposed 2003 
Fishing Quotas for Atlantic Surfclams, Ocean Quahogs, and Maine 
Mahogany Ocean Quahogs

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

ACTION: Proposed 2003 fishing quotas for Atlantic surfclams, ocean 
quahogs, and Maine mahogany ocean quahogs; request for comments.

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SUMMARY: NMFS proposes quotas for the Atlantic surfclam, ocean quahog, 
and Maine mahogany ocean quahog fisheries for 2003. Regulations 
implementing the Fishery Management Plan for Surf Clams and Ocean 
Quahog Fisheries require NMFS to propose for public comment 
specifications for the 2003 fishing year. The intent of this action is 
to propose allowable harvest levels of Atlantic surfclams and ocean 
quahogs from the exclusive economic zone and an allowable harvest level 
of Maine mahogany ocean quahogs from Atlantic waters north of 
43[deg]50' N. lat. in 2003.

DATES: Comments must be received no later than 5 p.m., eastern standard 
time, on November 27, 2002.

ADDRESSES: Written comments on the proposed specifications should be 
sent to: Patricia A. Kurkul, Regional Administrator, Northeast Region, 
NMFS, One Blackburn Drive, Gloucester, MA 01930-2298. Mark on the 
outside of the envelope, ``Comments--2002 Clam and Quahog 
Specifications.'' Comments may also be sent via facsimile (fax) to 
(978) 281-9135. Comments will not be accepted if submitted via e-mail 
or the Internet.
    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 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/IRFA is accessible via the 
Internet at http://www.nero.gov/ro/doc/nr.htm.

[[Page 65939]]


FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Fishery Policy 
Analyst, 978-281-9252.

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Atlantic 
Surfclam and Ocean Quahog Fisheries (FMP) requires NMFS, in 
consultation with the Mid-Atlantic Fishery Management Council 
(Council), to specify quotas for surfclams 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 
must allow sustainable fishing to continue at that level for at least 
10 years for surfclams and 30 years for ocean quahogs. In addition to 
this constraint, the Council policy also considers 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 provided that a small artisanal 
fishery for ocean quahogs in the waters north of 43[deg]50' N. lat. has 
an annual quota with an initial amount of 100,000 Maine 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. 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 2003 Atlantic surfclam, 
ocean quahog, and Maine mahogany ocean quahog fisheries are shown here. 
The status quo levels of 2002 for both the regular ocean quahog and the 
Maine mahogany ocean quahog are proposed to be maintained for 2003, but 
the surfclam quota would be increased by 4 percent from 3.135 million 
bu to 3.250 million bu (1.669 million hL to 1.730 million hL).

               Proposed 2003 Surfclam/Ocean Quahog Quotas
------------------------------------------------------------------------
                                            2003 final      2003 final
                 Fishery                    quotas (bu)     quotas (hL)
------------------------------------------------------------------------
Surfclam \1\............................       3,250,000       1,730,000
Ocean quahog \1\........................       4,500,000       2,396,000
Maine mahogany quahog \2\...............         100,000         35,240
------------------------------------------------------------------------
\1\ 1 bushel = 1.88 cubic ft. = 53.24 liters.
\2\ 1 bushel = 1.2445 cubic ft. = 35.24 liters.

Surfclams

    The Council's recommended 2003 quota of 3.25 million bu (1.730 
million hL) for surfclams is the third change in the quota since 1995. 
In 1999, the Council expressed its intention to increase the surfclam 
quota to OY over a period of 5 years, (OY = 3.4 million bushels (1.810 
million hL)). The most recent assessment for surfclams (SAW 30) 
indicated that the resource is at a high level of biomass, is under-
exploited, and can safely sustain increased harvests, but cautioned 
that it may be advantageous to avoid localized depletion. Industry 
reports that the current demand for clam products is very strong. In 
fact, all of the 2.850 million bu (1.517 million hL) quota was 
harvested from Federal waters in 2001, with landings of surfclams from 
both state and Federal waters increasing by 1 percent in 2001 to a 
total of 4.05 million bu (2.156 million hL). However, recent 
information reported by industry participants in their vessel trip 
reports has shown a reduction in the landings per unit of effort, an 
important indicator that the annual quota is approaching the OY for the 
resource. The majority of the surfclam catch continues to be derived 
from one area (northern New Jersey). Based on the information and 
advice from the most recent assessment for surfclams, the Council 
recommends an increase of 4 percent from the 2002 level of 3.135 
million bu (1.669 million hL), rather than taking the entire allowable 
maximum increase in a single year. This would result in a 2003 quota of 
3.25 million bu (1.720 million hL).

Ocean Quahogs

    The Council has recommended a 2003 quota of 4.5 million bu (2.396 
million hL) for ocean quahogs. This quota would be identical to that 
adopted for the past 4 years, but represents an increase of 13 percent 
from the 1998 quota level. Although ocean quahog landings have been on 
a declining trend since the 4.9-million bu (2.609-million hL) peak in 
1992, quahog landings in fishing year 2001 increased by approximately 
0.5 million bu (0.266 million hL) from 2000 levels, to a total of 3.69 
million bu (1.965 million hL), or 82 percent of the annual quota. 
Explanations as to why the annual quota has not been fully harvested 
include the observation that productivity of existing ocean quahog beds 
has been steadily declining as the formerly dense beds of quahogs are 
fished down, and the fact that fuel prices have increased substantially 
in the past 3 years, creating heightened costs of traveling long 
distances to fish offshore beds. Due to these higher costs, industry 
has been increasingly substituting surfclams for ocean quahog sales. 
These combined factors have led to the underharvest of the ocean quahog 
quota. Based on advice from SAW 31, the Council recommends maintaining 
the ocean quahog quota for 2003 at the 2002 level of 4.50 million bu 
(2.396 million hL).
    The Atlantic surfclam and ocean quahog quotas are specified in 
standard bushels of 53.24 L. per bushel, while the Maine mahogany ocean 
quahog quota is specified in ``Maine'' bu of 35.24 L per bu. (see 
section 648.2 for definitions of ``bushel'' and ``Maine 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 (ocean quahog and 
Maine mahogany quahog) are added, the total allowable harvest is still 
lower than the level that would result in overfishing for the entire 
stock.
    The Council has recommended that the Maine mahogany ocean quahog 
quota remain unchanged from the 2002 quota level at 100,000 Maine bu 
(35,240 hL) for 2003. No additional information on the impacts of the 
mahogany quahog quota that would allow a more in-depth analysis of the 
stock and, therefore, allow the quota to be increased beyond the 
current maximum level of 100,000 Maine bu (35,240 hL) is available at 
this time. An effort within the State of Maine is currently underway to 
initiate a scientific survey and assessment of the

[[Page 65940]]

mahogany ocean quahog resource. From the information currently 
available, maintaining the quota at its current level for another year 
will not seriously constrain the fishery or endanger the resource.

Classification

    This action is authorized by 50 CFR part 648 and has been 
determined to be exempt from review under Executive Order 12866.
    The Council prepared an IRFA in section 8.0 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, the objectives and the legal basis for this action are 
contained in the SUPPLEMENTARY INFORMATION section. This action does 
not duplicate, overlap, or conflict with any other Federal rules. A 
summary of the IRFA follows:

Vessels

    In 2001, a total of 51 vessels reported harvesting surfclams or 
ocean quahogs from Federal waters under an Individual Transferable 
Quota (ITQ) system. Average 2001 gross income for surfclam harvests was 
$753,682 per vessel, and $678,885 per vessel for ocean quahog harvests. 
In the small artisanal fishery for ocean quahogs in Maine, 31 vessels 
reported harvests in the clam logbooks, with an average value of 
$113,181 per vessel. All of these vessels fall within the definition of 
a small entity. The Council recommends no change in the 2003 quotas for 
ocean quahogs or Maine mahogany ocean quahogs from their 2002 quotas, 
and a 4-percent increase in the surfclam quota. Since 2001 harvest 
levels of 2.855 and 3.691 million bu (1.520 and 1.965 million hL) for 
surfclams and ocean quahogs, respectively, were below the 2003 proposed 
quotas, the Council believes that the proposed 2003 quotas may yield a 
surplus quota available to vessels participating in all these 
fisheries. This is especially likely to occur in the ocean quahog 
fishery. In the case of a surplus quota, vessels would not be 
constrained from harvesting additional product, thus, allowing them to 
increase their revenues.
    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 4.000 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 bu 
(2.396 million hL) quota and, assuming the entire quota is harvested, 
an 8-percent increase in harvest from the 2001 harvest level of 3.691 
million bu (1.965 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 63-percent increase in 
landings from 2001, assuming all the quota were harvested. However, the 
industry does not have a market available to absorb such a large 
increase in landings and may not have the vessel capacity necessary to 
harvest a quota this large. Since all alternatives, including the 
preferred, would yield increases relative to the actual 2001 landings, 
increased revenues would be likely to occur.
    The Council identified four surfclam quota alternatives in addition 
to the preferred alternative of 3.250 million bu (1.730 million hL), 
including 1.850, 2.850, 3.135, and 3.400 million bu (0.985,1.517, 
1.669, 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 
surfclams. Adoption of a 1.850 million bu (0.985 million hL) quota 
would represent a 41-percent decrease from the current 3.135 million bu 
(1.517 million hL) quota, and a 35-percent decrease from the 2001 
harvest level of 2.855 million bu (1.520 million hL). A reduction in 
quota of this magnitude would have a substantially negative impact on 
overall exvessel revenues. Adoption of the 2.850 million bu (1.517 
million hL) quota would be equivalent to the 2001 surfclam landings and 
would represent a 9-percent decrease from the 2002 quota level of 3.135 
million bu (1.517 million hL). Given the current biological status of 
the surfclam resource, the Council does not believe that a quota 
reduction is warranted at this time. Adoption of the 3.135 million bu 
(1.669 million hL) quota would most likely have a limited impact on 
small entities, since it results in no change from status quo. Adopting 
the maximum allowable quota of 3.400 million bu (1.810 million hL) for 
surfclams would allow for an 8-percent increase in the surfclam quota. 
The Council is not recommending a quota increase of this magnitude at 
this time, due to uncertainties in the stock assessment. The preferred 
alternative allows for a 4-percent increase from 3.135 million bu 
(1.669 million hL) to 3.25 million bu (1.730 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 surfclams. The 2.850 
million bu (1.517 million hL) and status quo alternative would be 
restrictive and have a slight to moderate impact on revenues. The 
resource can support the 4-percent increase in landings and the 
industry believes it can utilize this additional product and thus have 
a beneficial impact for the Nation.
    The quota for Maine mahogany ocean quahogs is specified at a 
maximum 100,000 bu (35,240 hL). 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. The Council considered two 
alternative quotas for the Maine mahogany fishery, in addition to the 
preferred alternative of 100,000 bu (35,240 hL), including 50,000 bu 
and 72,466 bu (17,620 and 25,537 hL). Any quota the Council would have 
recommended 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.

Processors

    In 2001, there were 13 processors that participated in the surfclam 
and ocean quahog fisheries, plus 10 companies that bought ocean quahogs 
directly from vessels from within the State of Maine. Of the 13 
processors, approximately 5 are responsible for the vast majority of 
purchases in the exvessel market and sale of processed clam products in 
appropriate wholesale markets. Impacts to surfclams 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-dependant.

Allocation Holders

    In 2002, surfclam allocation holders totaled 99, while 63 firms or 
individuals held ocean quahog allocation. If the recommended quotas are 
accepted, i.e., no change from 2002 quotas on ocean quahogs, Maine 
mahogany ocean quahogs, and a slight increase of 4 percent for 
surfclams, it is likely that impacts to allocation holders or buyers 
will be minimal. Theoretically,

[[Page 65941]]

increases in quota would most likely benefit those who purchase quota 
(through lower prices (values)) and negatively impact sellers of quota 
because of reduction in value. Decreases in quota would most likely 
have an opposite effect.

Reporting and Recordkeeping Requirements

    This proposed rule would not impose any new reporting, 
recordkeeping, or other compliance requirements. Therefore, the costs 
of compliance would remain unchanged.

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

    Dated: October 24, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-27505 Filed 10-28-02; 8:45 am]
BILLING CODE 3510-22-P