[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Proposed Rules]
[Pages 63434-63436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30288]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 981104276-8276-01; I.D. 100898A]
Fisheries of the Northeastern United States; Proposed 1999
Fishing Quotas for Atlantic Surf Clams and Ocean Quahogs
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed 1999 fishing quotas for Atlantic surf clams, ocean
quahogs, and Maine mahogany quahogs; request for comments.
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SUMMARY: NMFS issues these proposed quotas for the Atlantic surf clam,
ocean quahog, and Maine mahogany quahog fisheries for 1999. These
quotas were selected from a range defined as optimum yield (OY) for
each fishery. The intent of this action is to propose allowable harvest
levels of Atlantic surf clams and ocean quahogs from the exclusive
economic zone and propose an allowable harvest level of Maine mahogany
quahogs from the waters north of 43 deg.50'N. lat. in 1999.
DATES: Public comments must be received on or before December 17, 1998.
ADDRESSES: Copies of the Mid-Atlantic Fishery Management Council's
analysis and recommendations are available from Daniel T. Furlong,
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115,
Federal Building, 300 South New Street, Dover, DE 19901-6790.
Send comments to: Jon Rittgers, Acting Regional Administrator,
Northeast Region, NMFS, 1 Blackburn Drive, Gloucester, MA 01930-2298.
Mark on the outside of the envelope, ``Comments--1999 Surf Clam and
Quahog Quotas.''
FOR FURTHER INFORMATION CONTACT: David Gouveia, Fishery Management
Specialist, 978-281-9280.
SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Atlantic
Surf Clam and Ocean Quahog Fisheries (FMP) directs the Assistant
Administrator for Fisheries, 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
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 consider economic benefits of
the quotas. Regulations implementing Amendment 10 to the FMP published
on May 19, 1998 (63 FR 27481), established a small artisanal fishery in
the waters north of 43 deg.50' N. lat. for Maine mahogany quahogs and
an initial annual quota of 100,000 Maine bushels (35,150 hectoliters
(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 definitions are fishing
mortality rates of F20%!(20 percent of maximum
spawning potential (MSP)) for surf clams and F25%
!(25 percent of MSP) for ocean quahogs and Maine mahogany quahogs
combined.
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 1999 Atlantic surf clam, ocean quahog, and
Maine mahogany quahog fisheries are shown below. The surf clam and
Maine mahogany quahog quotas would be unchanged from the 1998 level,
and the ocean quahog quota would be increased from the 1998 level by 13
percent.
Proposed 1999 Surf Clam/Ocean Quahog Quotas
------------------------------------------------------------------------
1999 final 1999 final
Fishery quotas (bu) quotas (hL)
------------------------------------------------------------------------
Surf clam1 ................................... 2,565,000 1,362,000
Ocean quahog1 ................................ 4,500,000 2,387,000
Maine mahogany quahog2 ....................... 100,000 35,150
------------------------------------------------------------------------
1 1 bushel = 53.24 liters.
2 1 bushel = 35.4 liters.
Surf Clams
The Council recommends a 1999 quota of 2.565 million bushels (1.362
[[Page 63435]]
million hL) for surf clams, a level unchanged since 1995. This level of
quota was estimated as corresponding to the fishing mortality rate that
would be required to harvest the annual surplus production for Northern
New Jersey. The vast majority of the catch (>80 percent) is currently
derived from the Northern New Jersey area, which contains about 36
percent of the coast-wide resource. Since surf clams reach a
harvestable size in 6 to 7 years and recruitment is evident, this level
of quota will not harm the long-term sustainability of the resource.
As specified in the FMP, the quota level must comply with the surf
clam overfishing definition. Based on the surf clam overfishing
definition of F20%, this translates to F = 0.18 for surf
clams. The F in 1997 associated with a quota of 2.565 million bushels
(1.362 million hL) was approximately 0.04 for the Northern New Jersey
area. The specific F associated with the 1999 quota will be calculated
when the next assessment is complete, but should be approximately the
estimated F in 1997 for Northern New Jersey. Therefore, the proposed
quota is below the approved overfishing threshold definition for
fishing mortality.
The proposed quota was the Council's preferred alternative quota
for the 1999 surf clam fishery. This preferred alternative was based on
the surf clam analysis found in the 26th Northeast Regional Stock
Assessment Workshop (SAW 26). SAW 26 utilized recent data from the 1997
survey, which included work to estimate dredge efficiency. Although SAW
26 showed a significant increase in surf clam biomass, the Council
chose not to consider a quota increase for 1999 because of three main
factors: (1) The vast majority of the catch (>80 percent) is derived
from the Northern New Jersey area, and the net productivity of that
area appears to be at an equilibrium with the current catches; (2) the
1997 Federal surf clam landings were 6 percent less than the 1997 quota
and preliminary data for 1998 also indicates that landings will also be
below the 1998 quota level; and (3) although SAW 26 utilized a new
dredge efficiency estimate to derive a sharp increase in surf clam
biomass, this assessment is the first conducted using the new estimate.
The Council continues to assume that none of the Georges Bank
resource (approximately one quarter of the resource) would be available
during the next 10 years for harvesting because of paralytic shellfish
poisoning. In the recent past, both the Council's Surf Clam and Ocean
Quahog Committee and the Industry Advisory Group believed that the
reopening of the Georges Bank area was uncertain and too speculative to
base quota recommendations upon. There was no discussion about surf
clam availability from Georges Bank relative to the 1999 quota
recommendation.
Ocean Quahogs
The Council recommends a 1999 quota of 4.5 million bushels (2.387
million hL) for ocean quahogs, 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. Based on the ocean quahog
overfishing definition of F25%, this yields F = 0.04. The
1997 quota yielded an F of approximately 0.021. The specific F
associated with the 1999 quota will be calculated when the new
assessment is complete but should be close to the F in 1997 since a
significant proportion of the biomass remains unexploited. Therefore,
the proposed quota is below the approved overfishing definition for
fishing mortality. 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 35.4
liters per bushel. Since Maine mahogany quahogs are the same species as
ocean quahogs, both species are combined and share the same ocean
quahog overfishing definition. When the two quota amounts are added,
the total allowable harvest is lower than the level that would result
in overfishing for the entire stock, as previously defined in the ocean
quahog overfishing definition.
The Council proposes a 1999 ocean quahog quota based on the
analysis found in the 27th Northeast Regional Stock Assessment Workshop
(SAW 27). As in SAW 26 with respect to surf clams, SAW 27 also utilized
recent data from the 1997 survey, which included work to estimate
dredge efficiency, and showed a significant increase in the 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 bushels (2.122 million hL),
would produce a supply year harvest equivalent to 76 years. That 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 30 percent that is 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 by more than 13 percent from the 1998 quota level, the
Council chose the half-million bushel increase for 1999 because of four
main factors: (1) The resource is at medium-high level of biomass and
is considered under-exploited at the scale of the management unit; (2)
the 1997 landings were constraining to industry; (3) most industry
members supported the 4.5 million figure; and (4) as with surf clams,
although SAW 27 utilized a new dredge efficiency estimate to derive a
sharp increase in ocean quahog biomass, this assessment represents only
one point over time.
The Council also voted to recommend that the Maine mahogany quahog
quota remain unchanged from the 1998 quota level at 100,000 Maine
bushels (35,140 hL) for 1999. This quota pertains to the zone of both
state and Federal waters off the eastern coast of Maine north of
43 deg.50' N. lat. Amendment 10, which established management measures
for this small artisanal fishery for ocean quahogs was implemented in
May of 1998. Data from the federally managed fishery is just beginning
to be compiled, and there has been no attempt yet to develop and
conduct a scientific survey of the extent of the resource. Apparently,
maintaining the quota at its current level for another year will not
constrain the fishery or endanger the resource.
Classification
This action is authorized by 50 CFR part 648, complies with the
National Environmental Policy Act, and has been determined to be not
significant for purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce, for the reasons set forth below, certified to
the Chief Counsel for Advocacy of the Small Business Administration
that this proposed rule, if adopted, would not have a significant
economic impact on a substantial number of small entities.
The Council prepared a Regulatory Impact Review (RIR), which
describes the impact this proposed rule, if adopted, would have on
small entities. The RIR notes that 50 vessels reported harvesting surf
clams or ocean quahogs from Federal waters in 1997 under an individual
transferable quota (ITQ) system. These vessels sold their catches to 11
companies. Under the ITQ system, the right to harvest is allocated to
125 owners, some of whom harvest either surf clam or ocean quahog and
some of whom harvest both.
The Council proposes maintaining a surf clam quota of 2.565 million
bushels, a level which has been
[[Page 63436]]
unchanged since 1995. The Council notes that 80 percent of the surf
clam harvest is concentrated off the coast of Northern New Jersey. The
most recent scientific advice indicates that, while overall that stock
could sustain higher harvests, careful consideration must be given to
such an increase since harvesting activity is likely to remain focused
off Northern New Jersey, where current catches approximately equal
stock production. In addition, the Council expressed concern that the
1997 quota was not attained. The proposal to maintain the surf clam
quota at the current 1998 level was opposed by some industry
representatives who argued that there was adequate biological
information to justify an increase in surf clam quota. However, the
Council's quota setting policy for surf clams requires consideration of
the economic benefits. The Council, in recommending no change from the
1998 quota level for surf clams, relied upon industry comment with
respect to those economic benefits. Some argued that a quota increase
would encourage corporate consumers to develop new products to utilize
surf clams and generate benefits. Others argued against an increase,
noting the current quota is not being fully harvested and an additional
quota would only create surplus supply.
The Council also recommends an ocean quahog quota of 4.500 million
bushels (a 13 percent increase from the 1998 quota of 4.000 million
bushels) and no change in the Maine mahogany quahog quota from the 1998
level of 100,000 Maine bushels. Similar to that of surf clams, the most
recent scientific information reported higher biomass estimates for
ocean quahogs. However, the advice noted that local declines in quahog
abundance could occur if the fishery concentrated in areas of high
biomass. The 1998 Maine mahogany quahog quota level was implemented in
May of this year and is not projected to be harvested. Therefore,
because the proposed quota levels do not restrict the harvest levels of
these fisheries from their 1998 levels, it is anticipated that this
action will not have a significant impact on a substantial number of
these small entities engaged in these fisheries. A copy of the RIR is
available from the Council (see ADDRESSES).
Authority: 16 U.S.C. 1801 et seq.
Dated: November 6, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-30288 Filed 11-6-98; 4:46 pm]
BILLING CODE 3510-22-P
