[Federal Register Volume 63, Number 9 (Wednesday, January 14, 1998)]
[Rules and Regulations]
[Pages 2182-2184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-804]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 980107005-8055-01; I.D. 102997E]
Fisheries of the Northeastern United States; Final 1998 Fishing
Quotas for Atlantic Surf Clams and Ocean Quahogs
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final 1998 fishing quotas for surf clams and ocean quahogs.
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SUMMARY: NMFS issues quotas for the Atlantic surf clam and ocean quahog
fisheries for 1998. These quotas were selected from a range defined as
optimum yield (OY) for each fishery and in compliance with overfishing
definitions for each species. The intent of this action is to establish
allowable harvests of surf clams and ocean quahogs from the exclusive
economic zone for 1998.
DATES: January 1, 1998, through December 31, 1998.
ADDRESSES: Copies of the Mid-Atlantic Fishery Management Council's
analysis and recommendations, including the Environmental Assessment,
Regulatory Impact Review/Initial Regulatory Flexibility Analysis, and
Final Regulatory Flexibility Analysis 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, Fishery Policy Analyst,
508-281-9104.
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 level
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 quota is to be set at a level that would meet the
estimated market demand.
The fishing quotas must be less than the level that would
constitute overfishing as defined 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.
This action establishes a surf clam quota of 2.565 million bushels
(1.362 mil. hectoliters (hL)) and an ocean quahog quota of 4 million
bushels (2.122 mil. hL). The 1998 surf clam quota is identical to the
1997 quota, and the 1998 ocean quahog quota is a reduction of 0.317
million bushels (0.168 mil. hL) from the 1997 quota. These levels are
unchanged from the levels set forth in the preamble to the proposed
rule, published in the Federal Register on November 24, 1997 (62 FR
62543). That preamble presents background on the specification of these
levels.
Final 1998 Surf Clam/Ocean Quahog Quotas
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1998 final 1998 final
Fishery quotas (bu) quotas (hL)
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Surf clam..................................... 2,565,000 1,362,000
Ocean quahog.................................. 4,000,000 2,122,000
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Comments and Responses
Two sets of comments were received on the proposed quotas. One
commenter, a consulting firm, favors a reduction of the surf clam quota
below the proposed level. The other commenter, an industry participant,
opposed the proposed reduction of the 1998 ocean quahog quota. These
commenters also offered several other comments on various aspects of
the quota setting process.
Comment 1: One commenter believes the action of the Council, in
making a recommendation to keep the surf clam quota at the 1997 level,
violated national standard 1 of the Magnuson-Stevens Act which requires
that fisheries be managed to provide OY based on the maximum
sustainable yield as reduced by any relevant economic, social, or
ecological factor. The commenter, in requesting a reduction of the
quota, asserted that certain prevailing economic conditions were not
properly considered by the Council as it contemplated a possible
reduction to the surf clam fishing quota. The commenter suggested that
an oversupply of surf clams exists which, when coupled with a decrease
in demand, is having a detrimental effect on the industry in terms of
depressed prices. Based upon recent landings and ex-vessel and
wholesale prices, the commenter concluded that if the quota
[[Page 2183]]
were reduced this adverse market condition would improve.
Response: NMFS disagrees with the contention that the quota level
violates national standard 1. At its August 1997 meeting, the Council's
Science and Statistical Committee (S&S Committee) agreed with the
Council staff recommendation of 2.565 mil. bushels (1.362 mil. hL) for
the 1998 surf clam quota. The S&S Committee noted that there is no
biological reason to reduce the quota. This recommendation was based on
advice from the 22nd Northeast Regional Stock Assessment Workshop (SAW
22) which recommended the quota remain at the 1996/1997 level of 2.565
mil. bushels (1.362 mil. hL) until a new stock assessment, with
abundance estimates based on fishery catch rate and research survey
data, is available. In addition, the S&S Committee concluded that the
economic rationale for reducing the quota, as presented at the August
meeting and repeated in the text of this comment, does not rely upon an
appropriate economic analysis but is, instead, based on a general
discussion of economic theory using anecdotal information from only one
segment of the industry.
In the absence of verifiable information to the contrary, there is
no justifiable basis to adjust the surf clam quota downward. NMFS notes
it falls within the OY range of 1.850 million bushels (0.982 mil. hL)
and 3.400 million bushels (1.805 mil. hL) specified in the FMP and
represents a reasonable OY from this fishery.
Comment 2: One commenter believes that the failure to reduce the
surf clam quota will negatively impact communities dependent upon the
surf clam fishery through reductions in crews' take-home pay and a
decrease in boat owners' profits. The commenter claims that local
fishing communities will undergo a major social upheaval which violates
national standard 8(B) of the Magnuson-Stevens Act which requires that
management measures ``to the extent practicable, minimize adverse
economic impacts on such communities.''
Response: In regard to national standard 8, the commenter
discusses, in very general terms, the major negative economic and
social impacts that the commenter anticipates communities would bear in
the absence of a surf clam quota reduction. However, the commenter
fails to provide any specific information. In the absence of any
socioeconomic data or analysis, the assertion of negative impact on
communities is only conjecture and not a sound basis upon which to
reduce the quota. Furthermore, in the absence of a biological
rationale, basing a reduction solely on economic allocation, would be
in violation of national standard 5 of the Magnuson-Stevens Act which
requires that no fishery management measure shall have economic
allocation as its sole purpose.
Comment 3: One commenter believes that the Council, in failing to
recommend a lower surf clam quota, disregarded the purposes section of
the Magnuson-Stevens Act found at paragraphs (4) and (5) of Section
2(b) which requires the preparation and implementation of fishery
management plans that will achieve and maintain, on a continuing basis,
the OY from each fishery; and take into account the social and economic
needs of the States.
Response: NMFS reiterates that there was not adequate information
presented to the Council during the comment period to substantiate this
comment.
Comment 4: One commenter stated that the Council's failure to
reduce the surf clam quota disregards FMP objectives 1, 3, and 4 which
guide the Council to: stabilize harvest rates in a way that minimizes
short-term economic dislocations, bring harvesting capacity in balance
with processing and biological capacity allowing industry to achieve
efficient utilization of capital resources, and provide a management
regime that is flexible to unanticipated short-term events and
consistent with long-term industry planning and investment needs.
Response: The Council has recommended and NMFS has specified a surf
clam quota of 2.565 million bushels (1.362 mil. hL) for each fishing
year since 1995. In the absence of a biological rationale for
decreasing the quota, the Council has chosen to accept the
recommendations of its own S&S Committee and maintain the previous
quota level for the 1998 fishing year. The Council found there was
insufficient information to require a reduction under the FMP, and NMFS
concurred.
Comment 5: One commenter believes that if the surf clam quota is
not reduced and an oversupply is allowed to continue into 1998, it will
shift the current balance of power between the processors and the
vessels to a position that will favor the processors.
Response: The balance of power between the processors and fishing
vessels under the FMP and the implementing regulations is not relevant
to the specification process.
Comment 6: One commenter argued that there has been no new science
to support a reduction in the ocean quahog quota.
Response: The results of SAW 22 were available in August, 1996, and
represent the most recent available stock assessment for surf clams and
ocean quahogs. New stock assessment information will be available from
SAW 27 in 1998 for purposes of setting the 1999 quota. SAW 22 did not
offer management advice on the 1998 ocean quahog fishing quotas,
whereas, in the case of surf clams they advised no change until the
next stock assessment. However, SAW 22 noted that a 30-year supply as
dictated by Council policy is possible only if the estimated biomass on
Georges Bank and in areas off Southern New England and Long Island
generally too deep to be harvested with current technology are
included. Furthermore, they cautioned that this strategy implies that
sustainable fishing after 30 years will be limited to recruitment and
very slow annual growth of fully recruited quahogs. Although the S&S
committee voted to recommend no change for the 1998 ocean quota from
the 1997 level of 4.317 mil. bus. (2.290 mil. hL), the Council, noting
the SAW 22 statement regarding the availability of quahogs over the
next 30-year period, voted to take a conservative position and
recommended a reduction in the quota to 4.00 mil. bus. (2.122 mil. hL),
the lowest OY specification allowed under the FMP.
Comment 7: One commenter argued that it is inappropriate to presume
that Georges Bank and deep water areas will not be available over the
next 30 years for the harvest of quahogs. The commenter argued that the
paralytic shellfish poisoning contamination may be addressed by testing
or may disappear in the future. The commenter also argued that
technology will be developed to allow deepwater harvesting.
Response: The Council believes that a conservative approach is
required for specifying the 1998 ocean quahog quota. The Council
realizes that in the absence of formidable recruitment, it may be
impossible to maintain a 30-year supply if the quahogs on Georges Bank
and the deepwater areas continue to be unavailable. NMFS has accepted
this as a valid concern, pending the new stock assessment.
NMFS acknowledges that it is possible that both concerns could be
addressed within the 30-year time period. However, that fact is not
sufficient to override the Council's recommendation. There has been no
recent progress in addressing the presence of paralytic shellfish
poison (PSP) toxin on Georges Bank. NMFS notes that in 1994 it worked
with the U.S. Food and Drug Administration to
[[Page 2184]]
develop a draft lot-testing protocol to allow harvesting of ocean
quahogs on Georges Bank. Under the protocol, harvested animals would be
tested for the presence of PSP to ensure that contaminated product was
not marketed. NMFS hosted a meeting in October 1995 to review the
proposed protocol with representatives from industry and the coastal
states. At the meeting several technical issues were identified that
must be addressed in any final testing protocol. The attendees also
noted that there were major impediments to use of the protocol, notably
the costs of testing and disposal associated with contaminated product.
Meeting attendees expressed no immediate interest in proceeding further
with PSP testing.
The commenter also argued that a quota reduction was not necessary
because PSP could disappear in the future and deepwater harvest
technology could be developed in the future. In the absence of some
indication that such events are likely to occur, this is not sufficient
reason to overrule the judgement of the Council.
Comment 8: One commenter argued that the recommended ocean quahog
quota level represents an arbitrary value. The commenter argued there
is no biological rationale for the 4.0 million bushel level and that it
was selected because it was the lowest quota allowed under the FMP.
Response: The Council's rationale for recommending a decrease in
the ocean quahog quota involves only the conservation of the resource
and preservation of the fishery. Council members and the S&S Committee
expressed serious concern that given the biology of the species, its
extreme longevity, its slow growth rate, and sporadic and poorly
understood recruitment events, the current quota level may be very
risky in the long term.
Classification
This action is authorized by 50 CFR part 648, complies with the
National Environmental Policy Act, and is exempt from review under E.O.
12866.
The Council prepared an initial regulatory flexibility analysis as
part of the regulatory impact review, which concluded that this action
could have a significant economic impact on a substantial number of
small entities. This determination was described in the proposed rule
(62 FR 62543) and forwarded to the Chief Counsel for Advocacy of the
Small Business Administration.
In sum, the FRFA finds that of the 56 vessels participating in the
surf clam and ocean quahog fisheries in 1996, 20 fished exclusively for
surf clams, 14 fished for both surf clams and ocean quahogs, and 22
fished exclusively for ocean quahogs. The 36 vessels that harvest ocean
quahogs are considered, by definition, to be small entities and are all
impacted by the reduction in the ocean quahog quota. While the impact
of a 7.3 percent reduction in ocean quahog quota will be diluted
somewhat for those vessels augmenting their incomes with surf clam
harvests, a full 7.3 percent reduction in gross revenues is likely for
the vessels fishing exclusively for ocean quahogs. Therefore, this
action is likely to decrease the gross revenues of 61 percent of the
vessels that harvest ocean quahogs (22 out of 36 vessels) by more than
5 percent. NMFS has established a threshold for ``significant economic
impact'' on a substantial number of small entities under the Regulatory
Flexibility Act as a reduction of gross revenues greater than 5 percent
for 20 percent or more of the small entities. This action is,
therefore, found to be significant.
NMFS is required to consider alternative actions that would
minimize the negative economic impacts on small entities. Clearly, the
economic impact would be minimized if the quota reduction was less than
that enacted by this rule, however, NMFS has established the quota at
the level recommended by the Council. The Council made its quota
recommendation in response to several concerns, including its doubts
that ocean quahogs on Georges Bank and in deepwater areas will become
available for harvest. The Council and its S&S Committee also expressed
concern that harvest must be reduced in light of the species' slow
growth rate and poorly-understood recruitment. The Council's
Environmental Assessment noted that it may take up to 20 years,
depending upon environmental conditions, for ocean quahogs to reach a
marketable size, and that there has been no recent recruitment event.
NMFS has reviewed the concerns that led the Council to make its
recommendation and NMFS concurs in that recommendation. NMFS finds that
it is necessary to be very conservative in setting the 1998 quota to
assure that overfishing does not occur.
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for
Fisheries, NOAA, finds for good cause that a delay in the effective
date of the final fishing quotas for the 1998 fishing year for the
Atlantic surf clams and ocean quahog fisheries is unnecessary because
the quotas are not a requirement for which a regulated entity must come
into compliance. The fishing quotas are year-long quotas and are used
for the sole purpose of closing the fishery when the amounts specified
have been taken.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 8, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-804 Filed 1-13-98; 8:45 am]
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