[Federal Register Volume 68, Number 241 (Tuesday, December 16, 2003)]
[Rules and Regulations]
[Pages 69970-69974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30923]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 030908223-3289-02; I.D. 081403B]
RIN 0648-AP57


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic 
Surfclam and Ocean Quahog Fishery; Amendment 13 to the Surfclam and 
Ocean Quahog Fishery Management Plan

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

ACTION: Final rule; implementation of Amendment 13 to the Surfclam and 
Ocean Quahog Fishery Management Plan (FMP).

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SUMMARY: NMFS implements measures contained in Amendment 13 to the FMP 
(Amendment 13). Amendment 13 establishes: A new surfclam overfishing 
definition; multi-year fishing quotas; a mandatory vessel monitoring 
system (VMS), when such a system is economically viable; the ability to 
suspend or adjust the surfclam minimum size limit through a framework 
adjustment; and an analysis of fishing gear impacts on Essential Fish 
Habitat (EFH) for surfclams and ocean quahogs. This final rule includes 
technical corrections to the regulations implementing the FMP in order 
to clarify the Mid-Atlantic Fishery Management Council's (Council) 
intent not to restrict allocation ownership to only those entities that 
also own a permitted vessel, and to eliminate the restriction on the 
transfer of allocation tags of amounts less than 160 bushels (bu) (85 
hectoliters (hL)) (i.e., 5 cage tags). The primary purpose of Amendment 
13 is to rectify the disapproved surfclam overfishing definition and 
the EFH analysis and rationale contained in Amendment 12 in order to 
comply with the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act), and to simplify the regulatory requirements 
of the FMP.

DATES: Effective January 15, 2004.

ADDRESSES: Copies of the Amendment 13 document, including the 
Regulatory Impact Review (RIR), the Initial Regulatory Flexibility 
Analysis (IRFA), and the Environmental Impact Statement (EIS), and 
other supporting documents for the amendment are available from Daniel 
Furlong, Executive Director, Mid-Atlantic Fishery Management Council, 
Room 2115, Federal Building, 300 South Street, Dover, DE 19901-6790. 
The Final Regulatory Flexibility Analysis (FRFA) consists of the IRFA, 
public comments and responses contained in this final rule, and the 
summary of impacts and alternatives contained in this final rule. 
Copies of the small entity compliance guide are available from Patricia 
A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, One 
Blackburn Drive, Gloucester, MA 01930-2298.

FOR FURTHER INFORMATION CONTACT: Susan A. Murphy, Supervisory Fishery 
Policy Analyst, 978-281-9252, fax 978-281-9135, 
[email protected].

SUPPLEMENTARY INFORMATION: This final rule implements approved measures 
contained in the FMP, which was approved by NMFS on behalf of the 
Secretary of Commerce (Secretary) on November 21, 2003.
    Details concerning the justification for and development of 
Amendment 13 and the implementing regulations were provided in the 
preamble to the proposed rule (68 FR 55358, September 25, 2003) and are 
only summarized here.

Background

    Amendment 12 to the FMP was prepared by the Council to bring the 
FMP into compliance with the Magnuson-Stevens Act, as amended by the 
Sustainable Fisheries Act of 1996. On April 28, 1999, the Council was

[[Page 69971]]

notified that NMFS partially approved Amendment 12. Two Amendment 12 
measures were disapproved, the surfclam overfishing definition and the 
analysis and rationale for the status quo alternative for addressing 
fishing gear impacts to EFH. To rectify these disapprovals, the Council 
prepared, and NMFS published, a Notice of Intent to Prepare an 
Environmental Impact Statement (EIS) in the Federal Register, 
officially beginning the Council's scoping process for Amendment 13 (66 
FR 13694, March 7, 2001). During this scoping process, other issues 
were identified for inclusion in the EIS, including: Multi-year quotas, 
a mandatory VMS requirement, and a permanent suspension of the surfclam 
minimum size limit.
    The Amendment 13 measures implemented through this rule are multi-
year fishing quotas and the ability to suspend or adjust the surfclam 
minimum size limit through a framework adjustment. The analysis of 
fishing gear impacts on EFH for surfclams and ocean quahogs, a new 
surfclam overfishing definition, and a mandatory VMS requirement are 
not accompanied by regulatory text because either they are non-
regulatory in nature (fishing gear impacts on EFH and the new 
overfishing definition) or implementation is deferred (a mandatory VMS 
requirement). However, information on these measures was presented in 
the preamble of the proposed rule and is only summarized below.

Surfclam Overfishing Definition

    The revised surfclam overfishing definition recommended by the 
Council and implemented through this final rule is based on the advice 
of the 30th Stock Assessment Workshop (SAW 30, April 2000), which 
incorporated the results of a research survey that took place during 
the summer of 1999. This surfclam overfishing definition is as follows: 
Biomass target (Btarget) = \1/2\ of current (1999) biomass 
(as a proxy for the biomass level at maximum sustainable yield 
(Bmsy)) = 1,268,500 mt; biomass threshold 
(Bthreshold) = \1/2\ the biomass target; fishing mortality 
threshold (Fthreshold) = fishing mortality at maximum 
sustainable yield (Fmsy), where the current proxy for 
Fmsy is the natural mortality rate for surfclams (M); and 
the fishing mortality target (Ftarget) would always be set 
less than the Fthreshold and would be equivalent to the 
fishing mortality rate (F) associated with the quota selected by the 
Council.

Fishing Gear Impacts on EFH

    The relatively recent ``Workshop on the Effects of Fishing Gear on 
Marine Habitats off the Northeastern United States'' (Workshop, October 
2001) concluded that the effects of hydraulic clam dredges were limited 
to sandy substrates, since this type of gear is not used on muddy or 
gravel substrates and that overall impacts can be considered minimal. 
Based on information from this Workshop, NMFS is not taking any action 
to mitigate fishing gear impacts on EFH.

Multi-year Quotas

    Beginning in 2005, Amendment 13 replaces the current annual 
specification process with a process that allows the Council to 
establish specifications to be in effect for up to 3 fishing years, 
provided that an annual evaluation of the surfclam and ocean quahog 
status is undertaken. This multi-year specification process allows the 
Council and NMFS to be more efficient by streamlining the regulatory 
process, and provides the industry with greater regulatory consistency 
and predictability. The maximum 3-year specification process is not 
meant to constrain the Council from setting specifications during the 
interim years if information obtained during the annual review 
indicates that the surfclam or ocean quahog specifications warrant a 
change, e.g., to comply fully with the Magnuson-Stevens Act.

Mandatory VMS

    Amendment 13 lays the groundwork to implement a mandatory VMS 
requirement based on analysis provided by the Council and the agreement 
by NMFS that the system is economically viable. Upon such agreement, 
the Council would submit to NMFS the applicable paperwork to conform 
with the Paperwork Reduction Act, and submit a full economic analysis 
pertaining to this new requirement. Once these Council submissions are 
complete, NMFS will publish a proposed rule followed by a final rule 
that will evaluate the likely costs and benefits of any proposed VMS 
program. The public will have an opportunity to comment on all aspects 
of the proposed VMS program during the rulemaking stage.

Frameworkable Measures

    This rule adds to the list of frameworkable management measures the 
ability to suspend or adjust the surfclam minimum size limit. Due to 
concerns expressed by some industry members, as well as Council concern 
that it may be more difficult to implement a change rather than to 
suspend a current provision, the Council voted, and NMFS agrees, to 
maintain the no action alternative and add to the list of frameworkable 
management measures the ability to suspend or adjust the surfclam 
minimum size limit.

Comments and Responses

    The comment periods on the FMP and proposed rule ended on October 
23, 2003, and October 27, 2003, respectively. All comments received 
have been considered as responsive to both comment requests. Three 
comments were received prior to the close of the comment periods.
    Comment 1: Two letters were received expressing ``no comment'' 
regarding Amendment 13. A response received from the U.S. Coast Guard 
First Coast Guard District indicated that, while the First District had 
no comment on the Amendment, it would defer input on enforcement and 
safety issues to the Fifth Coast Guard District. The Fifth Coast Guard 
District did not have any vessel safety or enforcement concerns with 
Amendment 13.
    Response: NMFS acknowledges that the U.S. Coast Guard did not 
express any vessel safety or enforcement concerns with Amendment 13.
    Comment 2: One comment raised several issues related to the 
measures implemented under this FMP. The comment stated that, for any 
multi-year fishing quotas, quotas should be drastically reduced. The 
commenter also suggested that any VMS required by NMFS should be 
supplied by the Agency, and suggested that marine protected areas 
(MPAs) should be established.
    Response: The multi-year quotas proposed under Amendment 13 would 
be required to comply fully with the Maguson-Stevens Act and would be 
established by the Council based upon the latest Northeast Fisheries 
Science Center clam survey and stock assessment, as well as any 
additional information that becomes available between stock 
assessments. NMFS believes that VMS units are a cost of conducting 
business and should be borne by the industry. Finally, the area most 
affected by the surfclam and ocean quahog industry operations is high-
energy sandy areas that are only temporarily impacted by fishing 
operations under this FMP. As such, there is no immediate need for MPAs 
as a result of this fishery.

Changes from the Proposed Rule

    This final rule includes changes to the regulations implementing 
the FMP.

[[Page 69972]]

 These changes are intended to reflect the Council's intent not to 
restrict allocation ownership to only those entities that also own a 
permitted vessel, and to eliminate the restriction on the trade of 
allocation tags of amounts less than 160 bu (85 hL) (5 cage tags).
    Amendment 8 to the FMP established the individual transferrable 
quota (ITQ) program for the Atlantic surfclam and ocean quahog 
fisheries in 1990. Amendment 8 states that there are ``no restrictions 
on the permissible use of the quota.'' However, the regulations 
implementing Amendment 8 refer to the vessel owner as the individual to 
whom an allocation is issued. This language reflects the fact that the 
initial allocations were made to vessel owners. Subsequent to the 
initial allocation, and as contemplated by Amendment 8, some allocation 
holders sold their vessels or transferred allocation to individuals who 
did not own a vessel. This final rule changes this provision at 50 CFR 
648.70(a) by specifying that the allocation for each fishing year will 
be allocated to the allocation owner as of the last day of the fishing 
year that allocation owners are allowed to permanently transfer their 
allocation (October 15).
    The regulation prohibiting the transfer of allocation in amounts 
less than 160 bu (85 hL) (5 cage tags) was originally intended to 
reduce the administrative burden on NMFS. However, this regulation has 
inadvertently placed an undue burden on some vessels, particularly 
those in the Maine mahogany quahog fishery who chose to participate in 
the ITQ program, by preventing them from transferring less than 160 bu 
(85 hL) (5 cage tags) at any time. This regulation has also limited the 
activities of allocation owners within the Mid-Atlantic region, and may 
prevent some allocation owners from fully utilizing their allocations. 
Since the implementation of the ITQ program in 1990, computer programs 
have reduced the administrative burden such that this restriction is no 
longer necessary. This modification to the final rule eliminates the 
160-bu (85-hL) restriction specified at 50 CFR 648.70(b) and allows 
participants to transfer allocation in any amount, including transfers 
of allocation in amounts less than 160 bu (85 hL), and would reduce the 
economic impact to and regulatory burden on participants in the ITQ 
program.

Classification

    The Administrator, Northeast Region, NMFS, determined that the FMP 
amendment implemented by this rule is necessary for the conservation 
and management of the Atlantic surfclam and ocean quahog fisheries and 
that it is consistent with the Magnuson-Stevens Act and other 
applicable laws.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    Included in this final rule is the FRFA that contains the items 
specified in 5 U.S.C. 604(a). The FRFA consists of the IRFA, the 
comments and responses to the proposed rule, and the analyses completed 
in support of this action. A copy of the IRFA is available from the 
Council (see ADDRESSES).
    The preamble to the proposed rule included a detailed summary of 
the analyses contained in the IRFA, and that discussion is not repeated 
in its entirety here.

Final Regulatory Flexibility Analysis

Statement of Objective and Need

    A description of the reasons why this action is being considered, 
and the objectives of and legal basis for this action are contained in 
the preamble to the proposed rule and are not repeated here.

Summary of Significant Issues Raised in Public Comments

    Comments received prior to the close of the comment period for the 
proposed rule focused on the measures contained within Amendment 13 and 
did not reference the analysis contained in the IRFA. Although one 
commenter stated that NMFS should pay for the cost of VMS units, the 
requirement to utilize VMS is not being mandated through this rule. 
Once NMFS determines the economic feasibility of a VMS system, NMFS 
will inform the public of the likely costs. However, at this time, NMFS 
believes that use of a VMS is a cost of doing business and should be 
borne by the industry. For a summary of the comments received, refer to 
Comments and Responses.

Description and Estimate of Number of Small Entities to Which the Rule 
Will Apply

    A description and estimate of the number of small entities to which 
the rule will apply is provided in the IRFA and IRFA summary contained 
in the Classification section of the proposed rule and is only 
summarized here.
    All of the affected businesses (fishing vessels) are considered 
small entities under the standards described by the Small Business 
Administration because they have annual returns (revenues) that do not 
exceed $3.5 million annually. This rule could affect any vessel holding 
an active Federal permit for either species. However, the commercial 
use of the permit is limited to vessels fishing under an individual 
fishing quota or fishing in the Maine mahogany fishery. In 2001, there 
were 51 vessels that landed either surfclams (21 vessels), ocean 
quahogs (16 vessels), or both (14 vessels). There were 31 vessels in 
2001 that fished under the federal limited access Maine mahogany quahog 
permit for Maine ocean quahogs.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    There are no recordkeeping, reporting, or other compliance costs 
forthcoming from this action.

Steps Taken to Minimize Economic Impacts on Small Entities

    Management measures contained in this rule would establish multi-
year quotas and add the suspension of the surfclam minimum size limit 
and adjustment of the minimum size to the list of frameworkable 
measures under the FMP. None of the management measures in this rule 
would result in a substantial change in revenues or profitability of 
vessels comprising these fisheries. Although additional alternatives 
were considered for these management measures, the preferred 
alternative would minimize economic impacts to the greatest extent 
possible.

Overfishing Definition for Surfclams

    The proposal to revise the overfishing definition for surfclams 
does not alter the optimum yield of the fishery, a basis for 
determining annual quotas, and does not directly impact gross revenues. 
Therefore, no change to gross revenues is expected from this revision. 
However, an initial regulatory flexibility analysis must be prepared at 
the time when quotas or other management measures that control landings 
are proposed through a general notice of proposed rulemaking. The NMFS 
considered three alternative overfishing definitions, none of which 
would meet the requirements of National Standard 1 of the Magnuson-
Stevens Act. These alternative definitions included the following: (1) 
The disapproved definition from Amendment 12; (2) The pre-Sustainable 
Fisheries Act Amendment 9 definition; and (3) The Amendment 8 estimate 
of MSY at 2.9 million bushels (approximately 50 million pounds of 
shucked meats) for the Mid-Atlantic portion of the resource. As in the 
case of the preferred alternative, none of these alternatives would 
directly affect the profitability of individual vessels.

[[Page 69973]]

Multi-year Quotas and Frameworkable Minimum Size Limits and Adjustments 
for Surfclams

    The establishment of multi-year quotas and frameworkable minimum 
size limits and adjustments for surfclams through this final rule are 
purely administrative and will not directly impact gross revenues. 
However, the Council and NMFS will be required to prepare an initial 
regulatory flexibility analysis for each quota set by the Council and 
for each surfclam minimum size limit adjustment, if applicable, when a 
notice of proposed rulemaking is developed.
    The NMFS considered two alternatives to the multi-year quota 
measure including the status quo and an alternative that would set 
multi-year quotas without annual review. The Council also considered 
two alternatives to the minimum size limits and adjustments including 
the status quo and an alternative to adjust minimum sizes when the 
multi-year decisions occur. As explained above, any changes to annual 
quotas or adjustments to surfclam minimum size that could result from 
any alternatives considered would require, subject to the preparation 
of a proposed rule, preparation of regulatory flexibility analyses at 
that time.

Mandatory VMS

    This final rule does not implement a mandatory VMS program at this 
time. However, the Council is planning to establish a vessel monitoring 
program at a later time. When the Regional Administrator determines 
that an economically viable monitoring system is available to the 
industry, the Council and NMFS must prepare an IRFA that fully examines 
the compliance costs associated with that system. A mandatory VMS 
requirement would be implemented through proposed and final rulemaking 
by a regulatory amendment.

Fishing Gear Impacts on EFH

    This rule implements no changes to existing management measures to 
address fishing gear impacts on EFH. Therefore, there are no impacts on 
vessel gross revenues resulting from this aspect of Amendment 13.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 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 action a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a small entity compliance guide (the guide) 
was prepared. Copies of the guide will be sent to all holders of 
commercial Federal Atlantic surfclam and ocean quahog fishery permits. 
The guide will also be available on the Internet at http://www.nero.noaa.gov. Copies of the guide can also be obtained from the 
Regional Administrator (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fishing, Fisheries, Reporting and recordkeeping requirements.

    Dated: December 9, 2003.
John Oliver,
Deputy Assitant Administrator for Operations, National Marine Fisheries 
Service.

0
For the reasons set out in the preamble, 50 CFR part 648 is amended as 
follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec.  648.70, paragraphs (a)(1), (b)(1) and (b)(2) are revised to 
read as follows:


Sec.  648.70  Annual individual allocations.

    (a) * * *
    (1) On or about November 1 of each fishing year, the Regional 
Administrator shall determine the initial allocation of surfclams and 
ocean quahogs for the next fishing year for each allocation holder 
owning an allocation pursuant to paragraph (a)(2) of this section. For 
each species, the initial allocation for the next fishing year is 
calculated by multiplying the allocation percentage owned by each 
allocation owner as of the last day of the previous fishing year in 
which allocation owners are permitted to permanently transfer 
allocation percentage pursuant to paragraph (b) of this section (i.e., 
October 15 of every year), by the quota specified by the Regional 
Administrator pursuant to Sec.  648.71. The total number of bushels of 
allocation shall be divided by 32 to determine the appropriate number 
of cage tags to be issued or acquired under Sec.  648.75. Amounts of 
allocation 0.5 or smaller created by this division shall be rounded 
downward to the nearest whole number, and amounts of allocation greater 
than 0.5 created by this division shall be rounded upward to the 
nearest whole number, so that allocations are specified in whole cages. 
These allocations shall be made in the form of an allocation permit 
specifying the allocation percentage and the allocation in bushels and 
cage tags for each species. An allocation permit is only valid for the 
entity for which it is issued. Such permits shall be issued on or 
before December 15, to allow allocation owners to purchase cage tags 
from a vendor specified by the Regional Administrator pursuant to Sec.  
648.75(b).
* * * * *
    (b) * * *
    (1) Allocation percentage. Subject to the approval of the Regional 
Administrator, part or all of an allocation percentage may be 
transferred in the year in which the transfer is made, to any person or 
entity eligible to own a documented vessel under the terms of 46 U.S.C. 
12102(a). Approval of a transfer by the Regional Administrator and for 
a new allocation permit reflecting that transfer may be requested by 
submitting a written application for approval of the transfer and for 
issuance of a new allocation permit to the Regional Administrator at 
least 10 days before the date on which the applicant desires the 
transfer to be effective, in the form of a completed transfer log 
supplied by the Regional Administrator. The transfer is not effective 
until the new holder receives a new or revised annual allocation permit 
from the Regional Administrator. An application for transfer may not be 
made between October 15 and December 31 of each year.
    (2) Cage tags. Cage tags issued pursuant to Sec.  648.75 may be 
transferred at any time, and in any amount subject to the restrictions 
and procedure specified in paragraph (b)(1) of this section; provided 
that application for such cage tag transfers may be made at any time 
before December 10 of each year. The transfer is effective upon the 
receipt by the transferee of written authorization from the Regional 
Administrator.
* * * * *

0
3. Section 648.71 is revised to read as follows:


Sec.  648.71  Catch quotas.

    (a) Establishing quotas. Beginning in 2005, the amount of surfclams 
or ocean quahogs that may be caught annually by fishing vessels subject 
to these regulations will be specified for a 3-year period by the 
Regional Administrator on or about December 1, 2004. The initial 3-year 
specification will be based on the most recent available survey and 
stock assessments for Atlantic surfclams and ocean quahogs. Subsequent 
3-year

[[Page 69974]]

specifications of the annual quotas will be accomplished on or about 
December 1 of the third year of the quota period, unless the quotas are 
modified in the interim pursuant to Sec.  648.71(b). The amount of 
surfclams available for harvest annually must be specified within the 
range of 1.85 to 3.4 million bu (98.5 to 181 million L) per year. The 
amount of ocean quahogs available for harvest annually must be 
specified within the range of 4 to 6 million bu (213 to 319.4 million 
L).
    (1) Quota reports. On an annual basis, MAFMC staff will produce an 
Atlantic surfclam and ocean quahog annual quota recommendation paper to 
the MAFMC based on the latest available stock assessment report 
prepared by NMFS, data reported by harvesters and processors, and other 
relevant data, as well as the information contained in paragraphs 
(a)(1)(i) through (vi) of this section. Based on that report, and at 
least once prior to August 15 of the year in which a 3-year annual 
quota specification expires, the MAFMC, following an opportunity for 
public comment, will recommend to the Regional Administrator annual 
quotas and estimates of DAH and DAP within the ranges specified for a 
3-year period. In selecting the annual quotas, the MAFMC shall consider 
the current stock assessments, catch reports, and other relevant 
information concerning:
    (i) Exploitable and spawning biomass relative to the OY.
    (ii) Fishing mortality rates relative to the OY.
    (iii) Magnitude of incoming recruitment.
    (iv) Projected effort and corresponding catches.
    (v) Geographical distribution of the catch relative to the 
geographical distribution of the resource.
    (vi) Status of areas previously closed to surfclam fishing that are 
to be opened during the year and areas likely to be closed to fishing 
during the year.
    (2) Public review. Based on the recommendation of the MAFMC, the 
Regional Administrator shall publish proposed surfclam and ocean quahog 
quotas in the Federal Register. Comments on the proposed annual quotas 
may be submitted to the Regional Administrator within 30 days after 
publication. The Assistant Administrator shall consider all comments, 
determine the appropriate annual quotas, and publish the annual quotas 
in the Federal Register on or about December 1 of each year. The quota 
shall be set at that amount that is most consistent with the objectives 
of the Atlantic Surfclam and Ocean Quahog FMP. The Regional 
Administrator may set quotas at quantities different from the MAFMC's 
recommendations only if he/she can demonstrate that the MAFMC's 
recommendations violate the national standards of the Magnuson-Stevens 
Act and the objectives of the Atlantic Surfclam and Ocean Quahog FMP 
and other applicable law.
    (b) Interim quota modifications. Based upon information presented 
in the quota reports described in paragraph (a)(1) of this section, the 
MAFMC may recommend to the Regional Administrator a modification to the 
annual quotas that have been specified for a 3-year period and any 
estimate of DAH or DAP made in conjunction with such specifications 
within the ranges specified in paragraph (a)(1) of this section. Based 
upon the Council's recommendation, the Regional Administrator may 
propose surfclam and or ocean quahog quotas that differ from the annual 
quotas specified for the current 3-year period. Such modification shall 
be in effect for a period of 3 years from the year in which it is first 
implemented, unless further modified. Any interim modification shall 
follow the same procedures for establishing the annual quotas that are 
specified for a 3-year period.
    (c) Annual quotas. The annual quotas for surfclams and ocean 
quahogs will remain effective unless revised pursuant to this section. 
NMFS will issue notification in the Federal Register if the previous 
year's specifications will not be changed.
    * * * * *

0
4. In Sec.  648.75, paragraph (b) is revised to read as follows:


Sec.  648.75  Cage identification.

* * * * *
    (b) Issuance. The Regional Administrator will issue a supply of 
tags to each individual allocation owner qualifying for an allocation 
under Sec.  648.70 prior to the beginning of each fishing year, or he/
she may specify, in the Federal Register, a vendor from whom the tags 
shall be purchased. The number of tags will be based on the owner's 
initial allocation as specified in Sec.  648.70(a). Each tag represents 
32 bu (1,700 L) of allocation.
* * * * *

0
5. In Sec.  648.77, paragraph (a)(1) is revised to read as follows:


Sec.  648.77  Framework adjustments to management measures.

    (a) * * *
    (1) Adjustment process. The Council shall develop and analyze 
appropriate management actions over the span of at least two Council 
meetings. The Council must provide the public with advance notice of 
the availability of the recommendation(s), appropriate justification(s) 
and economic and biological analyses, and the opportunity to comment on 
the proposed adjustment(s) at the first meeting, and prior to and at 
the second Council meeting. The Council's recommendations on 
adjustments or additions to management measures must come from one or 
more of the following categories: The overfishing definition (both the 
threshold and target levels), description and identification of EFH 
(and fishing gear management measures that impact EFH), habitat areas 
of particular concern, set-aside quota for scientific research, VMS, OY 
range, and suspension or adjustment of the surfclam minimum size limit.
* * * * *
[FR Doc. 03-30923 Filed 12-15-03; 8:45 am]
BILLING CODE 3510-22-S