[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Rules and Regulations]
[Pages 76715-76717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24541]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 051017270-5339-02; I.D. 093005B]
RIN 0648-AT85


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic 
Surfclam and Ocean Quahog Fishery; 2006 and 2007 Fishing Quotas for 
Ocean Quahogs

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

ACTION: Temporary rule.

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SUMMARY: NMFS is specifying the final quotas for the ocean quahog 
fishery for 2006 and 2007. Specifications for the Atlantic surfclam and 
Maine ocean quahog fishery, which remain unchanged from the 2005-2007 
multi-year quota specifications, are reprinted here for clarity. 
Regulations governing these fisheries require NMFS to publish the 
revised allowable harvest levels of ocean quahogs from the Exclusive 
Economic Zone for the 2006 and 2007 fishing years.

DATES: Effective from January 27, 2006, to December 31, 2007.

ADDRESSES: 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.
    The Final Regulatory Flexibility Analysis (FRFA) consists of the 
IRFA, and public comments and responses, and the summary of impacts and 
alternatives contained in the Classification section of the preamble of 
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. A copy of the EA/RIR/IRFA is accessible via the Internet at 
http://www.nero.noaa.gov/nero/regs/com.html.

FOR FURTHER INFORMATION CONTACT: Brian R. Hooker, Fishery Policy 
Analyst, 978-281-9220.

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Atlantic 
Surfclam and Ocean Quahog Fisheries (FMP) requires that NMFS, in 
consultation with the Mid-Atlantic Fishery Management Council 
(Council), specify quotas for surfclams and ocean quahogs on a 3-year 
basis, with an annual review, 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. In 
addition to this constraint, the Council policy also considers the 
economic impacts of the quotas. Regulations implementing Amendment 10 
to the FMP (63 FR 27481, May 19, 1998) added Maine ocean quahogs 
(locally known as mahogany 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 within a range of 
17,000 to 100,000 Maine bu (5,991 to 35,240 hL). As specified in 
Amendment 10, the Maine mahogany ocean quahog quota is allocated 
separately from the quota specified for the ocean quahog fishery. 
Regulations implementing Amendment 13 to the FMP (68 FR 69970, December 
16, 2003) established the ability to set multi-year quotas. An 
evaluation, in the form of an annual quota recommendation paper, is 
conducted by the Council every year to determine if the multi-year 
quota specifications remain appropriate. The fishing quotas must be in 
compliance with overfishing

[[Page 76716]]

definitions for each species. In proposing these quotas, the Council 
must consider 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 fishing effort and catches, and areas 
closed to fishing.
    At its June 2005 Council Meeting, the Council voted to recommend 
maintaining the 2005 quota of 5.333 million bu (284 million L) for the 
ocean quahog fishery for 2006 and 2007, which was a change from the 
ocean quahog specifications for these fishing years published in the 
Federal Register on January 12, 2005 (70 FR 2023). At this same 
meeting, the Council recommended no change from the existing 
specifications for Atlantic surfclam and Maine ocean quahog for the 
2006 and 2007 fishing years.
    The final quotas for the 2006-2007 ocean quahog fishery are shown 
in the table below. The quotas for the Atlantic surfclam and Maine 
ocean quahog are re-stated in this table for clarity. Under this 
action, the 2005 harvest level for ocean quahogs is maintained for 2006 
and 2007. The Atlantic surfclam and ocean quahog quotas are specified 
in standard bu of 53.24 L per bu, while the Maine mahogany ocean quahog 
quota is specified in ``Maine'' bu of 35.24 L per bu. Because Maine 
ocean quahogs are the same species as ocean quahogs, both fisheries are 
assessed under the same ocean quahog overfishing definition. When the 
two quota amounts (ocean quahog and Maine ocean quahog) are added, the 
total allowable harvest is still lower than the level that would result 
in overfishing for the entire stock.

   FINAL 2006-2007 OCEAN QUAHOG\1\ QUOTAS AND RE-STATEMENT OF ATLANTIC
                SURFCLAM\1\ AND MAINE OCEAN QUAHOG QUOTAS
------------------------------------------------------------------------
                                       2006                  2007
                              ------------------------------------------
                                   bu         hL         bu        hL
------------------------------------------------------------------------
Ocean Quahogs\2\               5.333      2.840      5.333      2.840
------------------------------------------------------------------------
Surfclams\2\                   3.400      1.810      3.400      1.810
------------------------------------------------------------------------
Maine Ocean Quahogs\3\         100,000    35,240     100,000    35,240
------------------------------------------------------------------------
\1\Numerical values are in millions except for Maine ocean quahogs
\2\1 bu = 1.88 cubic ft. = 53.24 liters
\3\1 bu = 1.2445 cubic ft. = 35.24 liters

Ocean Quahogs

    The final 2006-2007 quotas for ocean quahogs reflect a decrease 
from the 2006-2007 specifications published in the Federal Register on 
January 12, 2005 (70 FR 2023). Those specifications required an 
increase in the 2005 ocean quahog quota from 5.333 million bu (284 
million L) to 5.666 million bu (301.6 million L) in 2006 and 6.000 
million bu (319.4 million L) in 2007. However, due to an unexpected 
surplus of ocean quahog product on the market, the previously planned 
increase in ocean quahog quota is no longer warranted. The assessment 
for ocean quahogs found that the current biomass is high, and the 
resource surveyed from southern New England to southern Virginia is not 
overfished and overfishing is not occurring. When there are market 
surpluses, a quota allocation owner could simply choose not to fish the 
quota allocation, however this would leave a surplus of individual 
transferrable quota shares on the market. Many individuals participate 
in this fishery by leasing their excess quota shares on an annual 
basis. When harvests are reduced in response to market demand, fishery 
participants that depend on income from leasing their quota incur a 
financial loss. National Standard 8 of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) requires that 
management measures should, to the extent practicable, minimize adverse 
economic impacts on fishing communities. This action would reduce the 
amount of quota shares on the market ensuring the sustained 
participation of individuals dependent on the annual lease of ocean 
quahog quota shares.

Comments and Responses

    NOAA Fisheries Service received one comment on the proposed rule 
(November 1, 2005; 70 FR 65874) during the comment period. The comments 
submitted, however, were not relevant to the proposed rule, but rather 
spoke to concerns about the regional fishery management council process 
and commercial fishing in general, and are thus not responded to in 
this final rule.

Classification

    This action is exempt from review under Executive Order 12866.
    A description of the reasons why this action is being taken by the 
Agency and the objectives of this final rule are continued 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 
compliance costs associated with this final rule.

Final Regulatory Flexibility Analysis (FRFA)

    NMFS, pursuant to section 604 of the Regulatory Flexibility Act 
(RFA), prepared this FRFA in support of the 2006-2007 ocean quahog 
quota specifications. The FRFA incorporates the economic impacts 
summarized in the IRFA and the corresponding RIR which were prepared 
for this action. The IRFA was published in the proposed rule and is not 
repeated here. Copies of the IRFA, FRFA, and RIR prepared for these 
quota specifications are available from the Northeast Regional Office 
(see ADDRESSES). A description of why this action was taken, the 
objectives of, and the legal basis for this rule, are contained in the 
preamble to this final rule and are not repeated here.

Summary of Issues Raised by the Public Comments in Response to the IRFA

    No significant issues related to the IRFA or the economic effects 
of the proposed rule were raised in the public comments.

[[Page 76717]]

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

    This action applies to commercial fishing vessels holding ocean 
quahog quota shares. The Small Business Administration (SBA) defines a 
small commercial fishing entity as a firm with gross receipts not 
exceeding $3.5 million. In 2004, a total of 29 vessels reported 
harvesting surfclams and/or ocean quahogs from Federal waters under an 
Individual Transferable Quota (ITQ) system. Average 2004 gross income 
for the ocean quahog harvesters was $789,748 per vessel. Each vessel in 
this analysis is treated as a single entity for purposes of size 
determination and impact assessment. All 29 commercial fishing entities 
would thus fall under the SBA size standard for small commercial 
fishing entities. Additionally, there were 56 ocean quahog quota 
allocation owners as of August 22, 2005. An allocation owner may choose 
to fish or lease his or her quota allocation.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This rule does not impose any new reporting, recordkeeping, or 
other compliance requirements. Therefore, the cost of compliance would 
be unchanged.

Description of Minimization of Economic Impacts on Small Entities

    Economic impacts on small entities have been minimized within the 
constraints of the FMP. Specifically, the commercial quotas must meet 
the conservation objectives of the FMP, implemented in 50 CFR part 648 
under the authority of the Magnuson-Stevens Act. This final rule 
establishes harvest levels for ocean quahogs at the most economically 
viable quota level.
    The Council analyzed four ocean quahog quota alternatives in 
addition to the preferred alternative. The alternatives are as follows: 
The preferred alternative of maintaining the 2005 quota level; an 
alternative with a 25-percent (1.333 million bu (71 million L)) 
decrease; an alternative with the 2004 status quo of 5.000 million bu 
(266.18 million L); an alternative with a 6.2-percent (0.333 million bu 
(17.73 million L)) increase; and an alternative with an increase to the 
maximum allowable quota (6.000 million bu (319.4 million L)). The 
minimum allowable quota specified in the current OY range is 4.000 
million bu (212.94 million L) of ocean quahogs. Adoption of a 4.000 
million bu (212.94 million L) quota would represent a 25-percent 
decrease from the current quota. This alternative would take the most 
conservative approach to managing the fishery that is currently 
available to the Council, but would result in the fewest economic 
benefits available to the ocean quahog fishery because it would produce 
the fewest landings. The alternative to reduce the quota to 5.000 
million bu (266.18 million L) would reduce the amount of available 
quota share and thus the overall quota to the 2004 level. This 
alternative is not preferred because the industry believes that a 
reduction in quota from 2005 would communicate shortages in supply or 
harvesting capacity to the market. The other alternatives all propose 
to increase the quota. These are not preferred as they would create a 
fishery-wide surplus of quota share that could prevent small fishing 
entities from leasing or selling their individual surplus quota share 
to other entities with access to a steady market. While an increase is 
not warranted at this time, the Council chose to keep some flexibility 
in the quota so the industry would be able to react to an increase in 
product demand. Given this information, the Council and NMFS have 
chosen to maintain the 2005 ocean quahog quota level of 5.333 million 
bu (284 million L) for 2006 and 2007.

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 was prepared. 
Copies of the guide will be sent to all holders of commercial Federal 
Atlantic surfclam, ocean quahog, and the limited access Maine 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).

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

    Dated: December 21, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 05-24541 Filed 12-27-05; 8:45 am]
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