[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Proposed Rules]
[Pages 66887-66889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26773]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 130904778-3778-01]
RIN 0648-XC855
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic
Surfclam and Ocean Quahog Fishery; Proposed 2014-2016 Fishing Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes commercial quotas for the Atlantic surfclam and
ocean quahog fisheries for 2014, 2015, and 2016. The proposed quotas
are unchanged from the quotas for the 2011, 2012, and 2013 fishing
years. This action sets allowable harvest levels of Atlantic surfclams
and ocean quahogs, prevent overfishing, and allow harvesting of optimum
yield. This action would also continue to suspend the minimum shell
size for Atlantic surfclams for the 2014 fishing year. It is expected
that the industry and dealers will benefit from the proposed status quo
quotas, as they will be able to maintain a consistent market.
DATES: Comments must be received by November 22, 2013.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2013-0139,
by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0139, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Fax: (978) 281-9177, Attn: Jason Berthiaume.
Mail: John K. Bullard, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope: ``Comments on the 2014-2016
Surfclam/Ocean Quahog Specifications.''
Instructions: All comments received are part of the public record
and will generally be posted to www.regulations.gov without change. All
Personal Identifying Information (for example, name, address, etc.)
[[Page 66888]]
voluntarily submitted by the commenter may be publicly accessible. Do
not submit confidential business information or otherwise sensitive or
protected information.
A copy of the Environmental Assessment prepared for this action is
available upon request from the Mid-Atlantic Fishery Management
(Council), 800 North State Street, Suite 201, Dover, DE 09901.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted via Microsoft Word, Microsoft Excel,
WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management
Specialist, 978-281-9177.
SUPPLEMENTARY INFORMATION: The Atlantic Surfclam and Ocean Quahog
Fishery Management Plan (FMP) requires that NMFS, in consultation with
the Mid-Atlantic Council (Council), specify quotas for surfclam and
ocean quahog 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, 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 Maine 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 100,000 Maine bu (0.6 to 3.524 million L).
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
annual quota review is conducted by the Council every year to determine
if the multi-year quota specifications remain appropriate. The fishing
quotas must be in compliance with overfishing definitions for each
species. In recommending these quotas, the Council considered the most
recent stock assessments and other relevant scientific information.
In June 2013, the Council voted to recommend maintaining the 2013
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 (3.524 million L) for the Maine ocean
quahog fishery for 2014-2016. The proposed quotas for the 2014-2016
Atlantic surfclam and ocean quahog fishery are shown in the table
below.
Proposed 2014-2016 Atlantic Surfclam and Ocean Quahog Quotas
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Year ABC ACL ACT Commercial Quota
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Ocean Quahog
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2014-2016............. 5.7 million bu (306 5.7 million bu (306 Maine ACT: 105,010 Maine Quota: 100,000
million L). million L). Maine bu (3.7 Maine bu (3.524
million L). million L).
Non-Maine ACT: 5.56 Non-Maine Quota: 5.3
million bu (298 million bu (284
million L). million L).
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Atlantic Surfclam
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Year Allowable biological Annual catch limit Annual catch target Commercial quota
catch (ABC) (ACL) (ACT)
----------------------------------------------------------------------------------------------------------------
2014.................. 7.8 million bu (415 7.8 million bu (415 3.8 million bu (202 3.4 million bu (181
million L). million L). million L). million L).
2015.................. 6.7 million bu (202 6.7 million bu (202 3.8 million bu (202 3.4 million bu (181
million L). million L). million L). million L).
2016.................. 6.2 million bu (188 6.2 million bu (188 3.8 million bu (115 3.4 million bu (115
million L). million L). million L). million L).
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The Atlantic surfclam and ocean quahog quotas are specified in
``industry'' bushels of 53.24 L per bushel, while the Maine ocean
quahog quota is specified in Maine bushels of 35.24 L per bushel.
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.
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 proposed 2014-2016 status quo surfclam quota was
developed after reviewing the results of the Northeast Regional Stock
Assessment Workshop (SAW) 56 for Atlantic surfclam, released to the
public in 2013. The surfclam quota recommendation is consistent with
the SAW 56 finding that the Atlantic surfclam stock is not overfished,
nor is overfishing occurring. Based on this information, the Council is
recommending, and NMFS is proposing, to maintain the status quo
surfclam quota of 3.4 million bu (181 million L) for 2014-2016. This
quota represents the maximum allowable quota under the FMP.
Ocean Quahogs
The proposed 2014-2016 quota for ocean quahogs also reflects the
status quo quota of 5.333 million bu (284 million L) in 2010. In April
2013, the ocean quahog stock assessment was updated and found that the
ocean quahog stock is not overfished, nor is overfishing occurring.
Ocean quahog is a low productivity stock that is being fished down from
its pre-fishery level; however, after several decades of relatively low
fishing mortality, the stock is still above the biomass target
reference points. Based on this information, the Council is
recommending, and NMFS is proposing, to maintain the status quo quota
of 5.333 million bu (284 million L) for 2014-2016.
The proposed 2014-2016 quota for Maine ocean quahogs is the status
quo level of 100,000 Maine bu (3.524 million L). In 2008, the State of
Maine completed a stock assessment of the resource within the Maine
Mahogany Quahog Zone. The findings of the Maine quahog survey did not
change the status of the entire ocean quahog resource. The proposed
quota represents the
[[Page 66889]]
maximum allowable quota under the FMP.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries, NOAA, has determined that this
proposed rule is consistent with the Atlantic Surfclam and Ocean Quahog
FMP, other provisions of the Magnuson-Stevens Act, and other applicable
law, subject to further consideration after public comment.
Reporting and Recordkeeping Requirements
This action does not introduce any new reporting, recordkeeping, or
other compliance requirements. This proposed rule does not duplicate,
overlap, or conflict with other Federal rules.
This proposed rule is exempt from the requirements of E.O. 12866.
The Council prepared a draft EA for this action that analyzes the
impacts of this proposed rule. A copy of the draft EA is available from
the Federal e-Rulemaking portal www.regulations.gov. Type ``NOAA-NMFS-
2013-0139'' in the Enter Keyword or ID field and click search. A copy
of the EA is also available upon request from the Council (see
ADDRESSES).
The Council prepared an initial regulatory flexibility analysis
(IRFA), as required by section 603 of the Regulatory Flexibility Act
(RFA), which is included in the EA for this action and supplemented by
information contained in the preamble of this proposed rule. The IRFA
describes the economic impact this proposed rule, if adopted, would
have on small entities. A description of the action, why it is being
considered, and the legal basis for this action are contained at the
beginning of this section of the preamble and in the SUMMARY of the
proposed rule. A summary of the IRFA follows. A copy of this analysis
is available from the Council (see ADDRESSES).
On June 20, 2013, the Small Business Administration (SBA) issued a
final rule revising the small business size standards for several
industries effective July 22, 2013 (78 FR 37398). The rule increased
the size standard for finfish fishing from $4.0 to $19.0 million,
shellfish fishing from $4.0 to $5.0 million, and other marine fishing
from $4.0 to $7.0 million.
All of the entities (fishing vessels) affected by this action are
considered small entities under the SBA size standards for small
shellfish fishing businesses ($5.0 million in annual gross sales).
Therefore, there are no disproportionate effects on small versus large
entities. Information on costs in the fishery is not readily available
and individual vessel profitability cannot be determined directly;
therefore, expected changes in gross revenues were used as a proxy for
profitability.
Description and Estimate of the Number of Small Entities to Which This
Proposed Rule Would Apply
The proposed measures would only affect vessels holding an active
Federal open access surfclam and/or ocean quahog permit. The SBA
defines a small commercial shellfish fishing entity as a firm with
gross annual receipts not exceeding $5 million. In 2012, a total of 42
vessels reported harvesting surfclams and/or ocean quahogs from Federal
waters under the Individual Fishing Quota system. In addition, 12
vessels participated in the limited access Maine ocean quahog fishery,
for a total of 54 participants in 2012. Average 2012 gross income was
$950,000 per vessel. Each vessel in this analysis is treated as a
single entity for purposes of size determination and impact assessment.
All 54 commercial fishing entities fall below the SBA size threshold
for small commercial shellfish fishing entities.
Economic Impacts of This Proposed Action Compared to Significant Non-
Selected Alternatives
1. Specifications
The proposed quotas for 2014-2016 reflect the same quota levels set
for 2011-2013. Therefore, it is not expected that there will be any
different economic impacts beyond status quo resulting from the
proposed 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. The surfclam quota is proposed to be set to the maximum
allowed under the FMP of 3.4 million bu (181 million L).
The Maine ocean quahog quota is proposed to be set at the maximum
allowed under the FMP of 100,000 Maine bu (3.524 million L). 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.
The non-selected alternatives for both the surfclam and ocean
quahog would both result in more restrictive quotas. Therefore, the
more restrictive non-selected alternatives would have a negative
economic impact on the fishery when compared to the proposed action of
status quo quotas.
2. Minimum Size Suspension for Atlantic Surfclams
In regard to the suspension of the minimum size limit for Atlantic
surfclams, the minimum size limit has been suspended since 2005.
Therefore, because this action would not impose a minimum size limit,
and because no net change in fishing effort, participation in the
fishery, or fishery expenses are expected, it is anticipated that this
action would not impose any additional costs on the industry. In fact,
continuing to suspend the minimum size limit would likely have positive
economic affects in contrast to not suspending the minimum size limit.
The non-selected alternative would result in the minimum size limit
for surfclams not being suspended. As a result, the non-selected
selected alternative would require fishery participants to adhere to
the surfclam minimum size limit. Measuring surfclams would result in
additional burden which would likely reduce operational efficiency.
Therefore, the non-selected alternative of not suspending the minimum
size limit would have negative economic impacts and would reduce vessel
efficiency when compared to the proposed alternative of suspending the
minimum size limit.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 1, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2013-26773 Filed 11-6-13; 8:45 am]
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