[Federal Register Volume 62, Number 57 (Tuesday, March 25, 1997)]
[Proposed Rules]
[Pages 14103-14104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7531]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[I.D. 031497B]
Mid-Atlantic Fishery Management Council; Public Hearings
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Public hearings; request for comments.
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SUMMARY: The Mid-Atlantic Fishery Management Council (Council) will
hold public hearings to allow for input on proposed Amendment 10 to the
Fishery Management Plan for the Atlantic Surf Clam and Ocean Quahog
Fishery (FMP).
DATES: Written comments will be accepted until May 2, 1997. The public
hearings will being at 7 p.m. and will be tape recorded with the tapes
filed as the official transcript of the hearings. The hearings are
scheduled as follows:
1. Tuesday, April 8, 1997, Machias, ME
2. Wednesday, April 9, 1997, Ellsworth, ME
3. Monday, April 14, 1997, Cape May Courthouse, NJ
ADDRESSES: Send comments to: David R. Keifer, Executive Director, Mid-
Atlantic Fishery Management Council, Room 2115 Federal Building, 300
South New Street, Dover, DE 19904-6790.
The hearings will be held at the following locations:
1. Machias--University of Maine (Science Building, Room 202), 9
O'Brien Avenue, Machias, ME, telephone 207-255-1200.
2. Ellsworth--Holiday Inn, 215 High Street, Ellsworth, ME,
telephone 207-667-9341.
3. Cape May Courthouse--Cape May Extension Office, Dennisville
Road, Cape May Courthouse, NJ, telephone 609-465-5115.
FOR FURTHER INFORMATION CONTACT: David R. Keifer, 302-674-2331 (fax
302-674-5399).
SUPPLEMENTARY INFORMATION: An individual transferable quota (ITQ)
allocation system for the FMP was implemented in Amendment 8 (55 FR
24184, June 14, 1990). It was discovered, about that time, that the
Maine inshore ocean quahog, or ``mahogany quahog,'' fishery that
occurred on the same species (Arctica islandica) was moving out of
state waters into the exclusive economic zone (EEZ). This created quite
a problem, in that the Magnuson Fishery Conservation and Management Act
mandated that ``to the extent practical, an individual stock of fish
shall be managed as a unit throughout its range, and interrelated
stocks of fish shall be managed as a unit or in close coordination''
(National Standard 3). The small inshore Maine mahogany ocean quahog
fishery differs profoundly from the traditional EEZ ocean quahog
fishery that occurs on Georges Bank and south, because the mahogany
quahogs are harvested at a much smaller average size by fishermen on a
much smaller scale individually than in the ocean quahog fishery. The
management tools developed during the first 20 years of Federal
management for surf clams and ocean quahogs did not fit the Maine
fishery well. In 1990, as a temporary expedient, it was decided to
declare the Maine ocean quahog fishery ``experimental,'' pending a
better and permanent solution. Amendment 10 is intended to provide that
solution and fully integrate the Maine fishery into the FMP upon the
expiration of the experimental fishery on September 30, 1997. Amendment
10 would create a separate additional unit of quota (27,611 bushels, or
less than 1 percent of the total EEZ quota) for ocean quahogs landed in
Maine from the EEZ. There are currently no limitations on entry into
the fishery. Vessel owners and dealers would have to obtain permits and
comply with all reporting requirements, as has been done during the
experimental fishery. The principal intent of Amendment 10 would be to
preserve the artisanal nature of this fishery with the minimal amount
of Federal intrusion necessary for the conservation and management of
the fishery. Amendment 10 would also introduce a voluntary vessel
tracking system (VTS) and would require mandatory operator permits.
Participants in the Maine ocean quahog fishery would be required to
comply with the provisions of Amendment 8 to the FMP, except as
modified by the following proposed management measures:
1. The Governor of the State of Maine would receive an allocation
for ocean quahogs landed in Maine from the EEZ.
2. The initial provisional EEZ quota (27,611 bushels) would be the
average of the first 5 years of the experimental fishery.
3. The State of Maine would continue to test for and certify for
paralytic shellfish poisoning (PSP) in the ocean quahogs landed in its
State, whether from the EEZ or Territorial Sea to ensure public health.
4. The status of the Maine allocation would have the same legal
status as ITQs for the remainder of the fishery. Just as those quota
owners may make any financial arrangements that they see fit
(consistent with governing regulations) for the harvesting of their
quota, so could the Governor of Maine.
5. The State of Maine would administer the EEZ quota, except that
no program would exempt participants from any of the permitting and
reporting requirements specified in Amendment 10 or prior amendments to
the FMP.
6. Non-Maine vessels that hold ITQs for quahogs would not be
prohibited from fishing in the Federal waters off Maine but, if they
choose to land their catch in Maine, they would be required to adhere
to all State landings laws.
[[Page 14104]]
7. There would be no provision to convert Maine allocation (bag
tags) to cage tags or cage tags to bag tags.
8. Maine reporting would be in number of ``bushels'' through bag
tags.
All vessels and dealers participating in the Maine fishery would be
required to maintain and submit logbooks pursuant to Sec. 648.7(b)(ii).
Federal reporting, as is currently required for the experimental
fishery, would continue. Maine landing laws require all bushels of
Maine ocean quahogs to be tagged for PSP. Maine would continue their
bag tag program, which could be used as a basis for allocation should
Maine decide to distribute its allocation.
Any surf clam or ocean quahog fishermen may decide to voluntarily
participate in a vessel tracking system (VTS) rather than the mandatory
call-in system currently in place. The VTS requirements are specified
at Sec. 648.9.
All surf clam and ocean quahog fishermen would be required to have
operator permits. Operator permit requirements are specified at
Sec. 648.5.
The hearings are physically accessible to people with disabilities.
Requests for sign language interpretation or other auxiliary aids
should be directed to David Keifer at the Council (see ADDRESSES) at
least 5 days prior to the hearing date.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 19,1997.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 97-7531 Filed 3-24-97; 8:45 am]
BILLING CODE 3510-22-F
