[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Rules and Regulations]
[Pages 71794-71795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34510]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 981222317-8317-01; I.D. 100898A]
RIN 0648-AL77
Fisheries of the Northeastern United States; Final 1999 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.
[[Page 71795]]
ACTION: Final 1999 fishing quotas for Atlantic surf clams, ocean
quahogs, and Maine mahogany quahogs.
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SUMMARY: NMFS issues quotas for the Atlantic surf clam, ocean quahog,
and Maine mahogany quahog fisheries for 1999. These quotas were
selected from a range defined as the optimum yield (OY) for each
fishery. The intent of this action is to establish allowable harvests
of Atlantic surf clams and ocean quahogs from the exclusive economic
zone and establish an allowable harvest of Maine mahogany quahogs from
the waters north of 43 deg.50' N. lat. in 1999.
DATES: Effective January 1, 1999, through December 31, 1999.
ADDRESSES: Copies of the Mid-Atlantic Fishery Management Council's
analysis and recommendations, including the Environmental Assessment
and Regulatory Impact Review, are available from Daniel T. Furlong,
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115,
Federal Building, 300 South New Street, Dover, DE 19901.
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 quotas be
selected at a level that would 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 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.
This action establishes (1) an Atlantic surf clam quota of 2.565
million bushels (1.362 million hL); (2) an ocean quahog quota of 4.500
million bushels (2.387 million hL); and (3) a Maine mahogany quahog
quota of 100,000 Maine bushels (35,150 hL). The 1999 surf clam and
Maine mahogany quahog quotas are identical to the 1998 quota; the 1999
ocean quahog quota represents a 13-percent increase from the 1998
level, which represents an additional 0.500 million bushels. Background
about the specification of these quotas was discussed in the proposed
rule, published in the Federal Register (November 13, 1998, 63 FR
63434), and is not repeated here. The comment period for the proposed
rule ended December 7, 1998. No comments were received, and the
proposed quotas are unchanged in this final rule.
Final 1999 Surf Clam/Ocean Quahog Quotas
------------------------------------------------------------------------
1999 final 1999 final
Fishery quotas (bu) quotas (hL)
------------------------------------------------------------------------
\1\Surf clam 2,565,000 1,362,000
\1\Ocean quahog 4,500,000 2,387,000
\2\Maine mahogany quahog 100,000 35,150
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\1\ 1 bushel = 53.24 liters
\2\ 1 bushel = 35.4 liters
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,
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 since there were no comments received on the certification.
Because this rule only establishes year-long quotas to be used for
the sole purpose of closing the fishery when the quotas are reached and
does not establish any requirements for which a regulated entity must
come into compliance, the Assistant Administrator for Fisheries, NOAA,
under 5 U.S.C. 553(d)(3), finds for good cause that a delay in the
effective date is unnecessary.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 23, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-34510 Filed 12-29-98; 8:45 am]
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