[Federal Register Volume 62, Number 18 (Tuesday, January 28, 1997)]
[Rules and Regulations]
[Pages 4021-4022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2046]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 961114317-7008-02; I.D. 102596B]
RIN 0648-XX70
Atlantic Surf Clam and Ocean Quahog Fisheries; 1997 Fishing
Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final 1997 fishing quotas for surf clams and ocean quahogs.
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SUMMARY: NMFS issues final quotas for the Atlantic surf clam and ocean
quahog fisheries for 1997. These quotas are selected from a range
defined as optimum yield (OY) for each fishery. The intent of this
action is to establish allowable harvests of surf clams and ocean
quahogs from the exclusive economic zone in 1997.
EFFECTIVE DATE: January 1, 1997, through December 31, 1997.
ADDRESSES: Copies of the Mid-Atlantic Fishery Management Council's
analysis and recommendations and environmental assessment are available
from David R. Keifer, Executive Director, Mid-Atlantic Fishery
Management Council, Room 2115, Federal Building, 300 South New Street,
Dover, DE 19901-6790.
FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst,
508-281-9104.
SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Atlantic
Surf Clam and Ocean Quahog Fisheries (FMP) directs NMFS, acting on
behalf of the Secretary of Commerce (Secretary) and 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
defined by the FMP as the OY for each fishery. For surf clams, the
quota must fall within the OY range of 1.85 million bushels (mil. bu.)
(652,000 hectoliters (hL)) to 3.4 mil. bu. (1.2 mil. hL). For ocean
quahogs, the quota must fall within the OY range of 4 mil. bu. (1.4
mil. hL) to 6 mil. bu. (2.1 mil. hL). Further, the Council follows the
policy that the quotas selected should allow fishing to continue at
that level for at least 10 years for surf clams and 30 years for ocean
quahogs. While staying within these constraints, the quotas are also to
be set at a level that
[[Page 4022]]
would meet the estimated annual demand.
Amendment 9 to the FMP (61 FR 50807, September 27, 1996) revised
overfishing definitions for surf clams and ocean quahogs. Overfishing
was previously defined for both species in terms of actual yield
levels. That is, overfishing was defined as harvests in excess of the
quota levels specified. However, that definition did not incorporate
biological considerations to protect against overfishing. The
overfishing definitions contained in Amendment 9 are fishing mortality
rates of F20%!(20 percent of maximum spawning potential (MSP)) for
surf clams and F20% (25 percent of MSP) for ocean quahogs. These
levels equate to annual exploitation rates of 15.3 percent for surf
clams and 4.3 percent for ocean quahogs.
This action establishes a surf clam quota of 2.565 mil. bu. (1.36
mil. hL) and an ocean quahog quota of 4.317 mil. bu. (2.292 mil. hL)
for the 1997 fisheries. The 1997 surf clam quota is identical to the
1996 quota, and the 1997 ocean quahog quota represents a 3-percent
reduction from the 1996 quota. These quotas established by NMFS on
behalf of the Secretary are unchanged from the proposed quotas
published in the Federal Register on November 26, 1996 (61 FR 60074).
The proposed rule contains details concerning these quota
recommendations that are not repeated here.
Final 1997 Surf Clam/Ocean Quahog Quotas
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1996 final 1996 final
Fishery quotas quotas
(mil. bu.) (mil. hL)
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Surf clam..................................... 2,565,000 1,362,000
Ocean quahog.................................. 4,317,000 2,292,000
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Comments
No comments were received during the public comment period.
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under E.O. 12866.
The Assistant General Counsel for Legislation and Regulation,
Department of Commerce, certified to the Chief Counsel for Advocacy of
the Small Business Administration at the proposed rule stage that these
fishing quotas would not have a significant economic impact on a
substantial number of small entities. As a result, a regulatory
flexibility analysis was not prepared. Details concerning this
certification were provided in the proposed rule and are not repeated
here.
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for
Fisheries, NOAA, finds for good cause that a delay in the effective
date is unnecessary because this rule does not impose a burden on the
fishery, as it only establishes year-long quotas to be used for the
sole purpose of closing the fishery when the quotas are reached.
Therefore, it is unnecessary to delay this rule's effectiveness for 30
days.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 16, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-2046 Filed 1-23-97; 3:37 pm]
BILLING CODE 3510-22-P
