[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
------------------------------------------------------------------------
\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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