[Federal Register Volume 65, Number 2 (Tuesday, January 4, 2000)]
[Proposed Rules]
[Pages 275-278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-84]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 991228355-9355-01; I.D. 110999C]
RIN 0648-AM50
Fisheries of the Northeastern United States; Proposed 2000
Fishing Quotas for Atlantic Surf Clams, Ocean Quahogs, and Maine
Mahogany Quahogs
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed 2000 fishing quotas for Atlantic surf clams, ocean
quahogs, and Maine mahogany quahogs; request for comments.
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SUMMARY: NMFS issues proposed quotas for the Atlantic surf clam, ocean
quahog, and Maine mahogany quahog fisheries
[[Page 276]]
for 2000. Regulations governing these fisheries require NMFS to propose
for public comment specifications for the 2000 fishing year. The intent
of this action is to propose allowable harvest levels of Atlantic surf
clams and ocean quahogs from the exclusive economic zone and an
allowable harvest level of Maine mahogany quahogs from the waters north
of 43 deg.50'N. lat. in 2000.
DATES: Comments must be received at the appropriate address or fax
number (see ADDRESSES) no later than 5:00 p.m., eastern standard time,
on February 2, 2000.
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: Patricia A. Kurkul, Regional Administrator, Northeast
Region, National Marine Fisheries Service, One Blackburn Drive,
Gloucester, MA 01930-2298. The EA/RIR/IRFA is accessible via the
Internet at http:/www.nero.gov/ro/doc/nr.htm.
Written comments on the proposed specifications should be sent to:
Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, One
Blackburn Drive, Gloucester, MA 01930-2298. Mark on the outside of the
envelope, ``Comments--2000 Clam and Quahog Specifications.'' Comments
may also be sent via facsimile (fax) to (978)281-9371. Comments will
not be accepted if submitted via e-mail or the Internet.
FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst,
978-281-9104.
SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Atlantic
Surf Clam and Ocean Quahog Fisheries (FMP) directs NMFS, 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 that represents the optimum yield (OY) for
each fishery. It is the policy of the Council that the levels selected
allow fishing to continue at that level for at least 10 years for surf
clams and 30 years for ocean quahogs. While staying within this
constraint, the Council policy is to also consider the economic
benefits of the quotas. Regulations implementing Amendment 10 to the
FMP published on May 19, 1998 (63 FR 27481), added Maine mahogany
quahogs to the management unit and provides that a small artisanal
fishery for that species in the waters north of 43 deg.50' N. lat. will
have an annual quota with an initial amount of 100,000 Maine bu (35,240
hectoliters (hL)) within a range of 17,000 to 100,000 Maine bu (5,991
hL to 35,240 hL). As specified in Amendment 10, the Maine mahogany
quahog quota is in addition to the quota specified for the ocean quahog
fishery. The fishing quotas must be in compliance with overfishing
definitions for each species. The overfishing definition for ocean
quahogs is based on a control rule, which requires biomass target = \1/
2\ virgin biomass or 2 billion lb (907,200 mt) of meats (200 million
bu), fishing mortality rate (F) target = F0.1 = 0.02,
biomass threshold = \1/2\ biomass target or 1 billion lb (453,600 mt)
of meats (100 million bu), and fishing mortality threshold of
F25% = 0.042. The current biomass is estimated to be 3
billion lb (1,360,800 mt) of meats (300 million bu) or 3/4 virgin
biomass and current F is estimated to be 0.021. NMFS approved the
overfishing definition for ocean quahogs contained in Amendment 12 to
the FMP, but disapproved the proposed overfishing definition for surf
clams because it was based only on surf clams from the Northern New
Jersey area and did not take into account the broad range of the
resource. Therefore, the Council used the existing overfishing
definition for surf clams, which is a fishing mortality rate of
F20% = 0.180 in establishing the 2000 specifications.
Current F for surf clams is estimated to be 0.0180 for the entire
fishery and 0.041 for the Northern New Jersey Area, where the heaviest
exploitation occurs. The Council has been advised that an FMP amendment
is required to revise overfishing definitions consistent with the
requirements of the Sustainable Fisheries Act.
In proposing these quotas, the Council considered 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 effort
and catches, and areas closed to fishing. This information was
presented in a written report prepared by the Council staff. The
proposed quotas for the 2000 Atlantic surf clam, ocean quahog, and
Maine mahogany quahog fisheries are shown here. All three quotas would
be unchanged from the 1999 level.
PROPOSED 2000 SURF CLAM/OCEAN QUAHOG QUOTAS
------------------------------------------------------------------------
2000 final 2000 final
Fishery quotas (bu) quotas (hL)
------------------------------------------------------------------------
Surf clam\1\ 2,565,000 1,366,000
Ocean quahog\2\ 4,500,000 2,396,000
Maine mahogany quahog\2\ 100,000 35,240
------------------------------------------------------------------------
\1\ 1 bushel = 1.88 cubic ft. = 53.24 liters
\2\ 1 bushel = 1.2445 cubic ft. = 35.24 liters
Surf Clams
The Council recommended a 2000 quota of 2.565 million bu (1.366
million hL) for surf clams, a level unchanged since 1995. This level of
quota was estimated as corresponding to the F that would be required to
harvest the annual surplus production for Northern New Jersey. The vast
majority of the catch (greater than 80 percent) is currently derived
from the Northern New Jersey area, which contains about 36 percent of
the coast-wide resource. Sufficient recruitment is evident and the age
structure of the population is such that this level of quota will not
harm the long-term sustainability of the resource. The F in 1997
associated with a quota of 2.565 million bu (1.366 million hL) was
approximately 0.04 for the Northern New Jersey area.
The proposed quota takes into account analysis of surf clam
abundance that was part of the 26th Northeast Regional Stock Assessment
Workshop (SAW 26). SAW 26 utilized data from the 1997 surf clam survey,
which included work to estimate dredge efficiency. Although SAW 26
showed a significant increase in surf clam biomass, the Council chose
not to recommend a quota increase for 2000 because of three major
factors: (1) The vast majority of the catch (greater than 80 percent)
continues to be derived from the Northern New Jersey area, and the net
productivity of that area appears to be at an equilibrium with the
current
[[Page 277]]
catches; (2) the 1998 Federal surf clam landings were 8 percent less
than the 1998 quota and preliminary data for 1999 also indicate that
landings will be below the 1999 quota level; and (3) SAW 26 utilized a
host of new techniques and methodologies, key among them being a new
dredge efficiency estimate that resulted in a sharp increase in the
estimate of surf clam biomass. The differences in methodology relative
to prior work result in this assessment effectively representing a
single point estimate in time; hence, it is prudent to take a risk-
averse approach to setting the annual quota until more data from
different years are available using the new dredge efficiency estimate.
A new clam survey of the continental shelf between Cape Hatteras and
Georges Bank was conducted in the summer of 1999, and a stock
assessment is to be developed and reviewed at the NMFS-sponsored Stock
Assessment Review Committee in December 1999. Therefore, the Council
decided to maintain current quotas until these additional data are
available to corroborate SAW 26 results.
The Council continues to assume that none of the Georges Bank
resource (approximately one quarter of the total resource) will be
available during the next 10 years for harvesting because of paralytic
shellfish poisoning. This area has been closed to the harvest of clams
and other shellfish since 1989, and the Council and NMFS have no reason
to believe that it will reopen in the near future.
Ocean Quahogs
The Council recommended a 2000 quota of 4.5 million bu (2.396
million hL) for ocean quahogs. This quota would be identical to that
adopted for 1999, but an increase of 13 percent from the 1998 quota
level. The FMP specifies that the quota level must comply with the
ocean quahog overfishing definition.
The 1997 quota yielded an F of approximately 0.02 compared to the F
threshold of 0.04 contained in the overfishing definition. The specific
F associated with the 2000 quota will be calculated when the new
assessment is complete, but is expected to be close to the F in 1997,
because a similar proportion of the biomass remains unexploited
compared to 1997.
The Atlantic surf clam and ocean quahog quotas are specified in
standard bushels of 53.24 liters per bushel, while the Maine mahogany
quahog quota is specified in ``Maine'' bushels of 35.24 liters per
bushel. Because Maine mahogany quahogs are the same species as ocean
quahogs, both fisheries are combined and share the same ocean quahog
overfishing definition. When the two quota amounts are added, the total
allowable harvest is still lower than the level that would result in
overfishing for the entire stock, as previously defined in the ocean
quahog overfishing definition.
The Council proposed a 2000 ocean quahog quota based on the
analysis of abundance for that species found in the 27th Northeast
Regional Stock Assessment Workshop (SAW 27) concluded in 1998. Similar
to surf clams, SAW 27 included work to estimate dredge efficiency and
showed a significant increase in the estimate of ocean quahog biomass.
Although 30 percent of the resource is located on Georges Bank, SAW 27
did not question whether Georges Bank would ever be reopened. However,
SAW 27 showed that using the entire resource, with a harvest level of
only 4 million bu (2.130 million hL), would produce a supply-year
harvest equivalent to 76 years. This estimate is significantly longer
than the period specified in the Council's policy of at least 30 years.
The resource is of sufficient size overall that the proportion of ocean
quahogs that exists on Georges Bank is not necessary to meet the
Council's 30-year supply policy.
Although SAW 27 showed that the ocean quahog quota could have been
increased beyond the 1999 quota level, the Council did not recommend
any change for 2000 because of four major factors: (1) The 1998 quota
was not constraining to industry; (2) most industry members supported
the 4.5 million bushel (2.396 million hL) harvest level; (3) repeated
concern was expressed by industry over the continued lack of apparent
ocean quahog recruitment south of Georges Bank; and (4) as with surf
clams, although SAW 27 utilized new methodologies and a new dredge
efficiency estimate to derive a sharp increase in ocean quahog biomass,
this assessment represents only one point in time. As with surf clams,
the Council decided to take no further action on the quota until the
additional data are available.
The Council recommended that the Maine mahogany quahog quota remain
unchanged from the 1999 quota level at 100,000 Maine bu (35,240 hL) for
2000. Because management measures for this fishery have only been in
place since May 19, 1998, data from the federally managed fishery is
just beginning to be compiled. There has been no attempt yet to develop
and conduct a scientific survey of the extent of the resource. From the
information currently available, maintaining the quota at its current
level for another year will not constrain the fishery or endanger the
resource, because the total quota was not harvested and catch-per-unit-
of-effort has not changed substantially.
Classification
This action is authorized by 50 CFR part 648 and has been
determined to be not significant for purposes of E.O. 12866.
The Council prepared an Initial Regulatory Flexibility Analysis in
section 5.0 of the RIR that describes the economic impacts this
proposed rule, if adopted, would have on small entities. A description
of the action, why it is being considered, and the legal basis for this
action are contained at the beginning of this section of the preamble
and in the SUMMARY section of the preamble. A summary of that analysis
follows:
Vessels
In 1998, a total of 47 vessels reported harvesting surf clams or
ocean quahogs from Federal waters under an Individual Transferable
Quota (ITQ) system. Average 1998 gross income for surf clam harvests
was $650,919 per vessel, and $685,573 per vessel for ocean quahog
harvests. In the small artisanal fishery for ocean quahogs in Maine, 39
vessels reported harvests in the clam logbooks, with an average value
of $48,629 per boat. All of these vessels readily fall within the
definition of a small business. The Council recommends no change in the
2000 quotas for surf clams, ocean quahogs, or mahogany quahogs from
their present 1999 quotas of 2.656, 4.500, and 0.100 million bushels,
respectively. Since 1998 harvest levels of 2.365, 3.897, 0.082 million
bushels, for surf clams, ocean quahogs, and mahogany quahogs,
respectively, are below the 2000 proposed quotas and the Council
assumes no changes in fishing effort or yield-to-effort will take place
in 1999, the Council believes that the 2000 proposed quotas will yield
a surplus quota available to vessels participating in all three
fisheries. In the case of a surplus quota, vessels would not be
constrained from harvesting additional product, thus, increasing
revenues. This assumes that the demand for these shellfish is price
elastic and vessels would equally share in increases or decreases to
total revenues earned by the fishery.
The Council analyzed 4 ocean quahog quota alternatives, in addition
to the preferred, for including 4.000, 4.250, 4.750, and 6.000 million
bushels. The minimum allowable quota specified in the current OY range
is 4.0 million
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bushels of ocean quahogs. Adoption of this quota would represent a 12%
decrease from the current 4.5 million bushel quota, and, assuming the
entire quota is harvested, a 2.6-percent increase in harvest from the
1998 harvest level of 3.897 million bushels. This alternative would
take the most conservative approach to managing the fishery that is
currently available to the Council. Adopting the maximum allowable
quota of 6.000 million bushels for ocean quahogs would represent a 33-
percent increase in allowable harvest and a 54% increase in landings
from 1998 assuming all the quota is taken. The industry does not have a
market available to absorb such a massive increase in landings and may
not have the vessel capacity necessary to harvest a quota this large.
(Two of the most productive ocean quahog vessels sank in January 1999,
and have not been replaced). Since all alternatives would yield
increases, the same result as in the case of preferred alternative,
namely increased revenues, would be likely to occur.
The Council identified 4 surf clam quota alternatives in addition
to the preferred alternative including 1.850, 2.365, 2.700, 3.400. The
minimum allowable quota specified in the current OY range is 1.850
million bushels of surf clams. Adoption of this quota would represent a
28-percent decrease from the current 2.565 million bushel quota, and a
22-percent decrease from the 1998 harvest level of 2.365 million
bushels. Assuming that demand is price elastic, a reduction in quota of
this magnitude would have a substantially negative impact on overall
exvessel revenues. Adoption of the 2.365 million bushel quota would
most likely have no impact on small entities since it is identical to
1998 base year landings of 2.365 million bushels. Adopting the maximum
allowable quota of 3.40 million bushels for surf clams would allow for
a 33-percent increase in harvest. Other alternatives could yield
increases in revenues, but are not likely, because the quota has not
been reached over the last few years. In summation, the Council
determined that the only alternative that would negatively impact
revenues to vessels is the 1.850-million-bushel alternative for surf
clams. All other alternatives including the preferred, would have a
positive impact on revenues.
The quota for mahogany quahogs is specified at 100,000 bushels and
the FMP specifies that adjustments to the quota would require a stock
assessment of the mahogany quahog resource. Since none has been done,
the Council did not look at alternative quotas for this fishery.
However, in general, any quota the Council would have specified below
the 1998 landing level of 72,466 bushels would most likely cause a
decrease in revenues to individual vessels while a quota greater than
that level could cause an increase. However, this is unlikely, given
recent landings values for this fishery.
Processors
Nine to twelve processors participate in the surf clam and ocean
quahog fisheries. However, 3 firms are responsible for the vast
majority of purchases in the exvessel market and sale of processed clam
products in appropriate wholesale markets. Impacts to surf clams and
ocean quahog processors would most likely mirror the impacts of the
various quotas to vessels as discussed here. 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 elastic and revenues would increase or decrease with
changes in price.
Allocation Holders
In 1999, surf clam allocation holders totaled 107 while 64 firms or
individuals held ocean quahog allocation. If the recommended quotas are
accepted, i.e., no change from 1999, it is likely that impacts to
allocation holders or buyers will be minimal. Theoretically, increases
in quota would most likely benefit those who must purchase quota
through lower prices (values) and negatively impact sellers of quota
because it would reduce in value. Decreases in quota would most likely
have an opposite effect.
Reporting and Recordkeeping Requirements
This proposed rule would not impose any new reporting,
recordkeeping, or other compliance requirements. Therefore, the costs
of compliance would remain unchanged.
The RIR/IRFA is available from NMFS (see ADDRESSES).
Authority: 16 U.S.C. 1801 et. seq.
Dated: December 28, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 00-84 Filed 1-3-00; 8:45 am]
BILLING CODE 3510-22-F
