[Federal Register Volume 67, Number 251 (Tuesday, December 31, 2002)]
[Rules and Regulations]
[Pages 79887-79889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-33033]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 021017238-2314-02; I.D. 092602I]
RIN 0648-AQ31


Fisheries of the Northeastern United States; 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: Final rule; 2003 fishing quotas for Atlantic surfclams, ocean 
quahogs, and Maine mahogany ocean quahogs.

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SUMMARY: NMFS issues final quotas for the Atlantic surfclam, ocean 
quahog, and Maine mahogany ocean quahog fisheries for 2003. These 
regulations specify 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 the waters north of 43[deg] 
50' N. lat. in 2003.

DATES: Effective from January 1, 2003, through December 31, 2003.

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.

FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery 
Management Specialist, 978-281-9141.

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 
allow sustainable fishing to continue at that level for at least 10 
years for surfclams and 30 years for ocean quahogs. The Council must 
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 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 for 2003 was provided in the preamble to the proposed rule 
published in the Federal Register at 67 FR 65938, October 29, 2002, and 
is not repeated here. The comment period for that rule ended on 
November 27, 2002. No comments were received during the comment period, 
and the final quotas for 2003, which are unchanged from those in the 
proposed rule, are shown in the table below. The 2003 quotas for both 
ocean quahogs and Maine mahogany quahogs are the same as the 2002 
quotas. However, the 2003 surfclam quota is 4 percent higher than the 
2002 quotas.

[[Page 79888]]



                 FINAL 2003 SURFCLAM/OCEAN QUAHOG QUOTAS
------------------------------------------------------------------------
                                         2003 final        2003 final
               Fishery                   quotas (bu)       quotas (hL)
------------------------------------------------------------------------
\1\Surfclam                                  3,250,000         1,730,000
\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 L
\2\ 1 bushel = 1.2445 cubic ft = 35.24 L

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 rule would cause a disruption 
in the ordinary commerce of the surfclam and ocean quahog fisheries. 
Each individual transferable quota shareholder receives 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 surfclams 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 right 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, the vessel owner must be able to request that NMFS 
transfer temporarily 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 permanent transfer of the individual allocation 
to the lending institution for the pendency of the loan. Without an 
effective quota, NMFS cannot make a partial or full transfer of such an 
allocation effective, either permanently or temporarily. This inability 
on the part of NMFS to make such transfers effective would have a 
negative economic impact on the surfclam and ocean quahog fisheries. 
Therefore, there is good cause under 5 U.S.C. 553(d)(3) to waive a 
portion of the 30-day delayed effectiveness period for the 
implementation of the 2003 surfclam, ocean quahog, and Maine mahogany 
quahog quotas.

Regulatory Flexibility Act

    NMFS and the Council prepared an FRFA for this action, which is 
available from the Council (see ADDRESSES) as required by section 604 
of the Regulatory Flexibility Act (RFA). 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 the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and regulations at 50 CFR part 648. There are no new 
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 4-percent increase in the surfclam 
quota and continue the ocean quahog and Maine mahogany quahog quota 
without change from the 2002 quotas. Since 2001 harvest levels of surf 
clams (2.855 million bu (1.520 million hL)) and ocean quahogs (3.691 
million bu (1.965 million hL)) were substantially less than the 2003 
quotas implemented by this action, NMFS and the Council believe that it 
is likely that the 2003 quotas will 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.

Vessels

    In 2001, a total of 51 vessels reported harvesting surfclams or 
ocean quahogs from Federal waters under an 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.
    For ocean quahogs, the proposed 2003 quota is 4.500 million bu 
(2.396 million hL). The other alternatives considered included 4.000, 
4.250, 4.750, and 6.000 million bu (2.129, 2.263, 2.529, and 3.195 
million hL). Of these, 4.750 and 6.0 million bu. would have been less 
constraining on small entities than the selected alternative of 4.5 
million bu. 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. Because the alternative of 4.75 million bu is so much 
larger than the 2001 landing amount of 3.69 million bu for ocean 
quahogs, the Council felt that 4.5 million bu rather than 4.75 mil bu 
is a high enough quota for 2003 to ensure that the fishery is not 
unnecessarily constrained. Therefore, the proposed quota provides ample 
opportunity for fishermen to gain increased revenues in the ocean 
quahog fishery in 2003.
    For surfclams, the proposed 2003 quota is 3.250 million bu (1.730 
million hL). Other alternatives analyzed included 1.850, 2.850, 3.135, 
and 3.400 million bu (0.985, 1.517, 1.669, and 1.810 million hL). Of 
these, only the maximum quota considered would have been less 
constraining than the selected action. 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 did not 
recommend a quota increase of this

[[Page 79889]]

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). 
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 proposed quota for Maine mahogany ocean quahogs is 100,000 
Maine bu (35,240 hL), 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. 
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, 13 processors participated in the surfclam and ocean 
quahog fisheries, and 10 companies 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 ex-vessel market and sale of processed clam products in appropriate 
wholesale markets. Impacts to surfclam 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, there were 99 surfclam allocation holders totaled 99, 
while 63 firms or individuals held ocean quahog allocation. Under the 
2003 quotas, (that is, 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, increases in quota would most likely 
benefit those who purchase quota (through lower prices, or values) and 
affect negatively sellers of quota because of reduction in value. 
Decreases in quota would most likely have an opposite effect.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Act of 
1996 (SBREFA) states that for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rule making process, a letter to permit holders that also serves 
as the small entity compliance guide (the guide) was prepared. Copies 
of this final rule are available from the Northeast regional Office, 
and the guide, that is, permit holder letter, will be sent to all 
holders of permits issued for mackerel, squid, and butterfish 
fisheries. The guide and this final rule will be available upon request 
(see ADDRESSES).

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

    Dated: December 23, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-33033 Filed 12-26-02; 3:49 pm]
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