[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Rules and Regulations]
[Pages 293-294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31578]
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DEPARTMENT OF COMMERCE
50 CFR Part 652
[Docket No. 951017252-5307-02; I.D. 101695C]
Atlantic Surf Clam and Ocean Quahog Fisheries; 1996 Fishing
Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final 1996 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 1996. 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 1996.
EFFECTIVE DATES: Effective January 1, 1996, through December 31, 1996.
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 (Resource 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. 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 would meet the estimated
annual demand.
For surf clams, the quota must fall within the OY range of 1.85
million bushels (mil. bu.) (652 thousand hectoliters (hL)) to 3.40 mil.
bu. (1.2 mil. hL). For ocean quahogs, the quota must fall within the OY
range of 4.00 mil. bu. (1.4 mil. hL) to 6.00 mil. bu. (2.1 mil. hL).
These ranges are specified in 50 CFR 652.21 (a) and (b).
During its discussions of the 1996 quota recommendations, the
Council began developing new overfishing definitions for both species
managed under the FMP. Overfishing is presently defined for both
species in terms of actual yield levels in excess of the specified
quota levels. These definitions do not incorporate biological
considerations to protect against overfishing. Although preferred
alternatives for overfishing definitions have not yet been chosen for
each species, NMFS believes that none of the alternatives being
considered by the Council for each species, if adopted, would
necessitate any revision of the 1996 quotas contained in this action.
This action establishes a surf clam quota of 2.565 mil. bu. (1.36
mil. hL) and an ocean quahog quota of 4.45 mil. bu. (2.36 mil. hL) for
the 1996 fisheries. The 1996 surf clam quota is identical to the 1995
quota, and the 1996 ocean quahog quota represents a 9 percent reduction
from the 1995 quota. These quotas established by NMFS on behalf of the
Secretary are unchanged from the proposed quotas published in the
Federal Register on October 23, 1995 (60 FR 54330).
Final 1996 Surf Clam/Ocean Quahog Quotas
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Fishery mil. bu. mil. hL
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Surf clam....................................... 2,565,000 1,362,000
Ocean quahog.................................... 4,450,000 2,363,000
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Comments and Responses
Three comments were received during the public comment period. A
consulting firm involved in the industry commented in support of the
proposed quotas. The National Fisheries Institute and an attorney
involved in the industry opposed the proposed quotas.
Comment: The consulting firm commented that the proposed 1996 surf
[[Page 294]]
clam quota is very liberal and should be set 8 percent below the
proposed quota of 2.565 mil. bu. (1.36 mil. hL) because of declining
landings per unit of effort.
Response: This level of surf clam quota was recommended by the
Scientific and Statistical Committee of the Council and meets the
Council policy of leaving 10 years of supply available. NMFS believes a
reduction of 8 percent would be overly conservative and is not
justified based on the most recent stock assessment.
Comment: The opponents of the proposed quotas commented that NMFS
should reevaluate the assumptions, conclusions, and recommendations of
the 19th Stock Assessment Workshop (19th SAW), upon which these quotas
are based, to incorporate what they believe is new information that was
revealed during testimony in their lawsuit against the agency
concerning the 1995 quota levels. Both accuse NMFS scientists of
withholding critical information from the Council and industry.
Response: The Council and NMFS have accepted the advice of the 19th
SAW and consider it to be the best scientific information available. No
new information that would require NMFS to reevaluate the conclusions
of the 19th SAW was presented at the hearing held in the lawsuit
referred to by the commenters. The only additional information was
speculation that the dredge may have traveled farther than believed
during the 1994 survey. However, the dredging distance could not
account for the three-fold increase in the catch experienced during the
1994 survey.
The quota setting process, including the Stock Assessment Workshop
that occurred in January 1995, is a very open and participatory
process. The scientists provided the Council with all of the
information relative to the surf clam and ocean quahog resource that
was available at that time. The scientists still have not been able to
determine the reason for the statistical anomalies contained in the
1994 survey and did not speculate as to their cause. However, even if
the scientists had speculated on the reasons for the anomalies, the
Council is still required to base its quota recommendation on the best
scientific information available, especially any recommendations of the
SAW. The scientists still have not been able to determine the reason
for the statistical anomalies contained in the 1994 survey. When a
reasonable explanation is determined, the Council will be informed.
Comment: At a minimum, NMFS should maintain the 1995 quota levels
for both species until affected industry participants have an
opportunity to evaluate the assumptions and conclusions of the 19th SAW
with the assistance of scientific advisers from outside NMFS.
Response: NMFS sees no scientific basis for maintaining the 1995
quota levels for other than surf clams. The best scientific information
available supports a reduction in the ocean quahog quota by 9 percent.
NMFS further points out that independent scientific advisers were
involved in the 19th SAW and that industry advisers were actively
encouraged to participate in that process.
Classification
This action is authorized by 50 CFR part 652 and is exempt from
review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 28, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-31578 Filed 12-29-95; 11:01 am]
BILLING CODE 3510-22-P
