[Federal Register Volume 73, Number 3 (Friday, January 4, 2008)]
[Rules and Regulations]
[Pages 820-823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-6307]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 070717342-7713-02]
RIN 0648-AV42
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic
Surfclam and Ocean Quahog Fishery; Final 2008-2010 Fishing Quotas for
Atlantic Surfclams and Ocean Quahogs
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is specifying the final quotas for the Atlantic surfclam
and ocean quahog fisheries for 2008, 2009, and 2010. Regulations
governing these fisheries require NMFS to publish the final quota
specifications for the 2008-2010 fishing years. The intent of this
action is to implement final specifications for allowable harvest
levels of Atlantic surfclams and ocean quahogs from the Exclusive
Economic Zone.
DATES: Effective from January 1, 2008 to December 31, 2010.
ADDRESSES: Copies of supporting documents, including the Environmental
Assessment, the Regulatory Impact Review (RIR), and the Initial
Regulatory Flexibility Analysis (IRFA) are available from Daniel
Furlong, Executive Director, Mid-Atlantic Fishery Management Council,
Room 2115, Federal Building, 300 South New Street, Dover, DE 19904-
6790. A copy of the RIR/IRFA is accessible via the Internet at http://www.nero.noaa.gov/nero/regs/com.html.
The Final Regulatory Flexibility Analysis (FRFA) consists of the
IRFA, and the summary of impacts and alternatives contained in the
Classification section of the preamble of this final rule. Copies of
the small entity compliance guide are available from Patricia A.
Kurkul, Regional Administrator, NMFS, Northeast Regional Office, One
Blackburn Drive, Gloucester, MA 01930-2298.
FOR FURTHER INFORMATION CONTACT: Timothy A. Cardiasmenos, Fishery
Management Specialist, 978-281-9204.
SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Atlantic
Surfclam and Ocean Quahog Fisheries (FMP) requires that NMFS, in
consultation with the Mid-Atlantic Fishery Management Council
(Council), specify quotas for surfclams and ocean quahogs for a 3-year
period, with an annual review, from a range that represents the optimum
yield (OY) for each fishery. It is the policy of the Council that the
levels selected allow sustainable fishing to continue at that level for
at least 10 years for surfclams and 30 years for ocean quahogs. In
addition to this constraint, the Council policy also considers the
economic impacts of the quotas. Regulations implementing Amendment 10
to the FMP (63 FR 27481, May 19, 1998) added Maine ocean quahogs
(locally known as mahogany quahogs) to the management unit, and
provided for a small artisanal fishery for ocean quahogs in the waters
north of 43[deg] 50' N. lat., with an annual quota within a range of
17,000 to
[[Page 821]]
100,000 Maine bu (5,991 to 35,240 hL). As specified in Amendment 10,
the Maine mahogany ocean quahog quota is allocated separately from the
quota specified for the ocean quahog fishery. Regulations implementing
Amendment 13 to the FMP (68 FR 69970, December 16, 2003) established
the ability to set multi-year quotas. An evaluation, in the form of an
annual quota recommendation, is conducted by the Council every year to
determine if the multi-year quota specifications remains appropriate.
The fishing quotas must be in compliance with overfishing definitions
for each species. 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 fishing effort and catches, and areas closed to
fishing.
In June 2007, the Council voted to recommend maintaining the 2007
quota levels of 5.333 million bu (284 million L) for the ocean quahog
fishery, 3.400 million bu (181 million L) for the Atlantic surfclam
fishery, and 100,000 Maine bu (35,240 hL) for the Maine ocean quahog
fishery for 2008-2010. The final quotas for the 2008-2010 Atlantic
surfclam and ocean quahog fishery are shown in the table below. The
Atlantic surfclam and ocean quahog quotas are specified in standard bu
of 53.24 L per bu, while the Maine ocean quahog quota is specified in
``Maine'' bu of 35.24 L per bu. Because Maine ocean quahogs are the
same species as ocean quahogs, both fisheries are assessed under the
same ocean quahog overfishing definition. When the two quota amounts
(ocean quahog and Maine ocean quahog) are added, the total allowable
harvest is still lower than the level that would result in overfishing
for the entire stock.
2008-2010 ATLANTIC SURFCLAM AND OCEAN QUAHOG\1\ QUOTAS
------------------------------------------------------------------------
2008 2009 2010
------------------------------------------------------------------------
bu hL bu hL bu hL
------------------------------------------------------------------------
Surfclams\2\ 3.400 1.810 3.400 1.810 3.400 1.810
Ocean Quahogs\2\ 5.333 2.840 5.333 2.840 5.333 2.840
Maine Ocean Quahogs\3\ 100,00 35,24 100,0 35,24 100,0 35,24
0 0 00 0 00 0
------------------------------------------------------------------------
\1\ Numerical values are in millions, except for Maine ocean quahogs
\2\ 1 bu = 1.88 cubic ft. = 53.24 liters
\3\ 1 bu = 1.2445 cubic ft. = 35.24 liters
Surfclams
In 1999, the Council expressed its intention to increase the
surfclam quota to OY over a period of 5 years (OY = 3.4 million bu (181
million L)). The 2008-2010 status quo surfclam quota was developed
after reviewing the results of the 44th Northeast Regional Stock
Assessment Workshop (SAW 44) for surfclams, issued in January 2007. The
surfclam quota recommendation is consistent with the SAW 44 finding
that the Atlantic surfclam stock is not overfished, nor is overfishing
occurring. Estimated fishable stock biomass in 2005 was above the
management target, and fishing mortality was below the management
threshold. Even though the total stock biomass is expected to gradually
decline over the next 3 years due to poor recruitment, the total
proposed quota of 3.4 million bu (181 million L), if fully harvested,
would not exceed the fishing mortality threshold. Based on this
information, the Council recommended, and NMFS has approved,
maintaining the status quo surfclam quota of 3.4 million bu (181
million L) for 2008-2010. This quota represents the maximum allowable
quota under the FMP.
Ocean Quahogs
The final 2008-2010 quota for ocean quahogs also reflects the
status quo quota of 5.333 million bu (284 million L) in 2007. SAW 44
found that the ocean quahog stock is not overfished, nor is overfishing
occurring. Estimated fishable biomass in 2005 was above the management
target, and estimated fishing mortality was well below the target
level. Fishing mortality is not expected to reach the target threshold
if the proposed quota is harvested each of the 3 years. Similar to
surfclams, the ocean quahog biomass is expected to decline over the
next 3 years. There is some evidence of recruitment, and small ocean
quahogs are found in most regions; however, growth is so slow that
initial recruitment of year classes to the fishery is delayed for about
20 years. Based on this information, the Council recommended, and NMFS
has approved, maintaining the status quo quota of 5.333 million bu (284
million L) for 2008-2010. This quota level is above current market
demand, but allows for growth of the market if conditions change.
The 2008-2010 quota for Maine ocean quahogs is the status quo level
of 100,000 Maine bu (35,240 hL). In 2006, the State of Maine completed
a stock assessment of the resource within the Maine Mahogany Quahog
Zone. This assessment was peer-reviewed as part of SAW 44. Although
landings per unit of effort have declined since 2002, they remain
relatively high overall. The findings of the Maine quahog survey did
not change the status of the entire ocean quahog resource. The quota
represents the maximum allowable quota under the FMP.
Comments and Responses
NMFS received no comments on the proposed rule (November 15, 2007;
72 FR 64187) during the comment period that ended on December 17, 2007.
Classification
Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this final rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act,
and other applicable law. This action is authorized by 50 CFR part 648
and has been determined to be not significant for purposes of Executive
Order 12866.
A delay in the effective date of this final rule would cause a
disruption in the ordinary commerce of the surfclam and ocean quahog
fisheries. Individual Transferable Quota (ITQ) shareholders each
receive a portion of the overall annual quotas for the two species. An
allocation holder receives an amount of cage tags equivalent to his/her
share of the overall quota. Fishing for surfclams and ocean quahogs
begins on January 1, 2008, regardless of the publication of the annual
quota, as tags for the 2008 fishing year have already been issued by
the vendor pursuant to Sec. 648.75(b). ITQ allocations are often
transferred either
[[Page 822]]
permanently or temporarily to meet changing economic circumstances in
the fishery right from the commencement of these fisheries. Without a
quota in effect, NMFS cannot make a transfer of part or the entirety of
an allocation either permanently or temporarily. This inability on the
part of NMFS to make such transfers effective would preclude the
intended recipients of such transfers from fishing, thereby engendering
a negative economic impact on the surfclam and ocean quahog fisheries.
A delay in the effectiveness of this rule would be contrary to the
rule's intent to maintain current quota levels that have the full
support of the fishing industry and facilitate the transfer of quotas
requested by the industry. Every effort was made to publish this final
rule as expeditiously as possible. However, the Council could not
provide its quota specifications until September of 2007. As a result
of that timing, in order for NMFS to provide a proposed rulemaking
stage with adequate opportunity for comment, it is necessary to waive
the 30 day delay in effectiveness, as it would compromise the start of
the fishing year and thereby undermine the intent of the rule. By
delaying the transfer of quota to a harvesting vessel, a vessel
operator may choose to fish during periods when they may otherwise
choose not. Given the increase in foul weather and hazardous seas
during the winter months, a vessel's ability to operate safely at sea
could be compromised. Therefore, there is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delayed effectiveness period for the
implementation of the 2008-2010 surfclam, ocean quahog, and Maine ocean
quahog quotas.
NMFS, pursuant to section 604 of the Regulatory Flexibility Act
(RFA), prepared this FRFA in support of the 2008-2010 Atlantic surfclam
and ocean quahog specifications. The FRFA incorporates the economic
impacts summarized in the IRFA and the corresponding RIR that were
prepared for this action. The IRFA was summarized in the proposed rule
and is not repeated here. Copies of the IRFA, FRFA, and RIR prepared
for these quota specifications are available from the Northeast
Regional Office (see ADDRESSES). A description of why this action was
taken, the objectives of, and the legal basis for this rule, are
contained in the preamble to this final rule, and are not repeated
here.
There are no Federal rules that duplicate, overlap, or conflict
with this final rule. There were no public comments received regarding
the IRFA.
This action implements final fishing quotas for Atlantic surfclams
and ocean quahogs for 2008-2010. The Council analyzed four quota
alternatives for the Atlantic surfclam fishery, five alternatives for
the ocean quahog fishery, and four alternatives for the Maine ocean
quahog fishery. Each of the alternative sets included a preferred
alternative and a ``no action'' alternative. The three approved quotas
for 2008-2010 are 5.333 million bu (284 million L) for the ocean quahog
fishery, 3.400 million bu (181 million L) for the Atlantic surfclam
fishery, and 100,000 Maine bu (35,240 hL) for the Maine ocean quahog
fishery.
Description and Estimate of the Number of Small Entities to Which This
Rule Will Apply
The Small Business Administration (SBA) defines a small commercial
fishing entity as a firm with gross annual receipts not exceeding $4
million. In 2006, 38 vessels reported harvesting surfclams and/or ocean
quahogs from Federal waters under an Individual Transferable Quota
(ITQ) system. In addition, 25 vessels participated in the limited
access Maine ocean quahog fishery, for a total of 63 participants in
the 2006 fisheries. Average 2006 gross income from surfclam ITQ trips
was $1,182,713 per vessel, and from ocean quahog ITQ trips was
$1,020,409 per vessel. The Maine ocean quahog fishery reported an
average value of $160,698 per vessel. Each vessel in this analysis is
treated as a single entity for purposes of size determination and
impact assessment. All 63 commercial fishing entities fall under the
SBA size standard for small commercial fishing entities.
In addition to the actual vessels that participate in the fishery,
there are 55 ocean quahog quota allocation owners, 67 surfclam
allocation owners, and 51 Federal limited access Maine mahogany quahog
permit holders. An allocation owner may choose to fish or lease his or
her quota allocation.
A Description of the Reporting, Recordkeeping, or other Compliance
Requirements of the Final Rule
This rule does not impose any new reporting, recodkeeping, or other
compliance requirements. Therefore, the cost of compliance is
unchanged.
A Description of the Steps Taken to Minimize the Significant Economic
Impact of This Final Action on Small Entities
The final quotas for 2008-2010 reflect the same quota levels set
for 2005-2007. Therefore, it is not expected that there will be any
different economic impacts beyond status quo resulting from the final
quota level. Leaving the ocean quahog quota at the harvest level of
5.333 million bu (284 million L) is not expected to constrain the
fishery. In fact, actual ocean quahog landings for 2005 and 2006 did
not exceed 60 percent of the available quota. The total 2007 harvest is
expected to be similar to that of recent years (as of September 15,
2007, only 45.4 percent of the quota had been harvested). In
comparison, 41 percent of the quota had been harvested as of September
15, 2006.
The surfclam quota is to be set to the maximum allowed under the
FMP. In contrast to the ocean quahog harvest, the surfclam fishery has
harvested over 80 percent of the available quota each year since 2005.
The Maine ocean quahog quota is to be also set at the maximum allowed
under the FMP. The Maine ocean quahog quota is often fully harvested on
an annual basis. It is anticipated that, by maintaining the status quo
quota level for the next 3 years, the fishing industry will benefit
from the stability of product demand from the seafood processors and
being able to predict future fishery performance based on past
performance from the last 3 years.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the action a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide was prepared.
Copies of the guide will be sent to all holders of commercial Federal
Atlantic surfclam, ocean quahog, and the limited access Maine ocean
quahog fishery permits. The guide will also be available on the
internet at http://www.nero.noaa.gov. Copies of the guide can also be
obtained from the Regional Administrator (see ADDRESSES).
Reporting and Recordkeeping Requirements
This final rule does not impose any new reporting, recordkeeping,
or other compliance requirements. Therefore, the costs of compliance
remains unchanged.
Authority: 16 U.S.C. 1801 et seq.
[[Page 823]]
Dated: December 31, 2007
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 07-6307 Filed 12-31-07; 2:01 pm]
BILLING CODE 3510-22-S