[Federal Register Volume 66, Number 206 (Wednesday, October 24, 2001)]
[Proposed Rules]
[Pages 53770-53772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26791]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 011004242-1242-01; I.D. 092401F]
RIN 0648-AP09
Fisheries of the Northeastern United States; Proposed 2002
Fishing Quotas for Atlantic Surfclams, Ocean Quahogs, and Maine
Mahogany Ocean Quahogs
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed 2002 fishing quotas for Atlantic surfclams, ocean
quahogs, and Maine mahogany ocean quahogs; request for comments.
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SUMMARY: NMFS proposes quotas for the Atlantic surfclam, ocean quahog,
and Maine mahogany ocean quahog fisheries for 2002. Regulations
governing these fisheries require NMFS to propose for public comment
specifications for the 2002 fishing year. The intent of this action is
to propose allowable harvest levels of Atlantic surfclams and ocean
quahogs from the exclusive economic zone and an allowable harvest level
of Maine mahogany ocean quahogs from the waters north of 43 deg.50' N.
lat. in 2002.
DATES: Comments must be received no later than 5 p.m., eastern standard
time, on November 23, 2001.
ADDRESSES: Copies of supporting documents, including the Environmental
Assessment, Regulatory Impact Review, Initial Regulatory Flexibility
Analysis (EA/RIR/IRFA), and the Essential Fish Habitat Assessment, 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 EA/RIR/IRFA is accessible
via the Internet at http:/www.nero.gov/ro/doc/nr.htm.
Written comments on the proposed specifications should be sent to:
Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, One
Blackburn Drive, Gloucester, MA 01930-2298. Mark on the outside of the
envelope, ``Comments--2002 Clam and Quahog Specifications.'' Comments
may also be sent via facsimile (fax) to (978) 281-9371. Comments will
not be accepted if submitted via e-mail or the Internet.
FOR FURTHER INFORMATION CONTACT: Walter Gardiner, Fishery Management
Specialist, 978-281-9326.
SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Atlantic
Surfclam and Ocean Quahog Fisheries (FMP) requires NMFS, in
consultation with the Mid-Atlantic Fishery Management Council
(Council), to specify quotas for surfclams and ocean quahogs on an
annual basis 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. While staying
within this constraint, the Council must also consider the economic
impacts of the quotas. Regulations implementing Amendment 10 to the FMP
published on May 19, 1998 (63 FR 27481), added Maine mahogany ocean
quahogs to the management unit and provides that a small artisanal
fishery for ocean quahogs in the waters north of 43 deg.50' N. lat.
will have an annual quota within a range of 17,000 to 100,000 Maine
bushels (bu) (5,991 to 35,240 hectoliters (hL)), with an initial amount
of 100,000 Maine bu (35,240 hL). As specified in Amendment 10, the
Maine mahogany ocean quahog quota is in addition to the quota specified
for the ocean quahog fishery.
The quotas recommended by the Council must be in compliance with
overfishing definitions for each species. The overfishing definition
for ocean quahogs is based on a control rule, which specifies a biomass
target of one half of the virgin biomass, or 2 billion lb (907,200 mt)
of meats (200 million bu); a target fishing mortality rate (F) of
F0.1 = 0.02; a minimum biomass threshold of one half of the
biomass target, or 1 billion lb (453,600 mt) of meats (100 million bu);
and a maximum fishing mortality threshold of F = 0.042. The current
biomass of ocean quahog is estimated to be about 3.3 billion lb (1.6
million mt) of meats (330 million bu), or about 80 percent of the
virgin biomass, and currently F is estimated to be 0.02. Thus, the
stock is not overfished and overfishing is not occurring. NMFS approved
the overfishing definition for ocean quahogs in Amendment 12 to the
FMP, but disapproved the proposed overfishing definition for surfclams
because it was based only on surfclams from the Northern New Jersey
area and did not take into account the entire range of the resource.
The December 1999 Stock Assessment Review Committee (SARC) proposed an
overfishing definition for surfclams, which the Council reviewed and
approved at their March 2000 meeting.
The definition approved by the Council for surfclams has a biomass
target of one half of the current biomass as a proxy for
FMSY (1.4 billion lb, or 640,000 mt, or 82.4 million bu); a
minimum biomass threshold of one-half of the proxy for BMSY
(700,000 million lb or 320,000 mt); and a maximum fishing mortality
rate threshold of FMSY, where the current best proxy for
FMSY is the natural mortality rate of M =(0.15). The fishing
mortality target is always to be set less than the F threshold and is
to be the F associated with the Council-selected quota (approximately
0.03 for 2002). This new overfishing definition for surfclams will be
submitted to the Secretary of Commerce for approval in Amendment 13 to
the FMP, which the Council is currently developing. If the Secretary
were to approve these standards, the surfclam resource will not be
overfished and overfishing will not be occurring.
In proposing the 2002 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 effort
and catches, and areas closed to fishing. This information was
presented in a written report prepared by the Council staff. The
proposed quotas for the 2002 Atlantic surfclam, ocean quahog, and Maine
mahogany ocean quahog fisheries are shown in the following table. The
Council's recommended quotas for 2002 would maintain the status quo
levels of 2001 for both the ocean quahog and Maine mahogany ocean
quahog, but the surfclam quota would be increased by 10 percent, from
2.85 million bu to 3.135 million bu (1.518 million hL to 1.669 million
hL).
PROPOSED 2002 SURFCLAM/OCEAN QUAHOG QUOTAS
------------------------------------------------------------------------
2002 final 2002 final
Fishery quotas (bu) quotas (hL)
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\1\Surfclam 3,135,000 1,669,000
\1\Ocean quahog 4,500,000 2,396,000
[[Page 53771]]
\2\Maine mahogany quahog 100,000 35,240
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\1\ 1 bushel = 1.88 cubic ft = 53.24 liters
\2\ 1 bushel = 1.2445 cubic ft = 35.24 liters
Surfclams
The Council's recommended 2002 quota of 3.135 million bu (1.669
million hL) for surfclams is the second change in the quota since 1995.
The most recent biological assessments (from both the 1997 and 1999
surveys) indicate that the surfclam resource is healthy, composed of
many age classes, and can safely sustain increased harvests. Sufficient
recruitment is also evident; thus, this level of quota will not harm
the long-term sustainability of the resource. The F in 1999 (the last
time it was measured at a peer-reviewed SARC) associated with a quota
of 2.565 million bu (1.366 million hL) was approximately 0.02
(F=0.2); this slight quota increase proposed for 2002 could
increase the F in 2002 to, at most, F= 0.3, which is
consistent with the Council-adopted control rule.
Ocean Quahogs
The Council recommended a 2002 quota of 4.5 million bu (2.396
million hL) for ocean quahogs. This quota would be identical to that
adopted for the past 3 years, but represents an increase of 13 percent
from the 1998 quota level.
The 1999 quota yielded an F (the last time it was measured at a
peer-reviewed SARC) of approximately 0.02 (F=0.02), compared
to the F threshold of 0.04 (F=0.04) contained in the
overfishing definition. The F associated with the 2002 quota is
expected to be close to the F in 1999, because a similar proportion of
the biomass remains unexploited compared to 1999.
The Atlantic surfclam and ocean quahog quotas are specified in
standard bushels of 53.24 L. per bushel, while the Maine mahogany ocean
quahog quota is specified in ``Maine'' bushels of 35.24 L. per bu.
Because Maine mahogany ocean quahogs are the same species as ocean
quahogs, they are managed under the ocean quahog overfishing
definition. When the two quota amounts (ocean quahog and Maine mahogany
quahog) are added, the total allowable harvest is still lower than the
level that would result in overfishing for the entire stock.
The Council proposed a 2002 ocean quahog quota based on the
analysis of abundance for that species found in the 31st Northeast
Regional Stock Assessment Workshop (SAW 31), which concluded in August
2000. Although SAW 31 showed that the ocean quahog quota could have
been increased beyond the 2001 quota level, the Council did not
recommend any change for 2002 because of four major factors: (1) The
2000 quota was not constraining to the industry; (2) nearly all
industry members supported the 4.5 million bu (2.396 million hL)
harvest level; (3) repeated concern was expressed by industry over the
continued lack of apparent ocean quahog recruitment south of Georges
Bank; and (4) unless prices or technology change significantly in the
near future, it is unlikely that the ocean quahog fishery extractions
in the past are sustainable, because those extractions have been
dependent on rich unexploited beds.
The Council recommended that the Maine mahogany ocean quahog quota
remain unchanged from the 2001 quota level at 100,000 Maine bu (35,240
hL) for 2002. No additional information on the impacts of the mahogany
quahog quota is available at this time that would allow a more in-depth
analysis of the stock and, therefore, allow the quota to be increased
beyond the current maximum level of 100,000 Maine bu (35,240 hL). A
scientific survey and assessment of the extent of the resource is
currently under way by the State of Maine and will be fully analyzed in
the development of Amendment 13 to the FMP, which is expected to be
submitted by the Council in 2002. From the information currently
available, maintaining the quota at its current level for another year
will not seriously constrain the fishery or endanger the resource.
Classification
This action is authorized by 50 CFR part 648 and has been
determined to be not significant for purposes of Executive Order 12866.
This rule does not contain policies with Federalism implications as
that term is defined in Executive Order 13132; therefore, preparation
of a Federalism assessment is not necessary.
The Council prepared an IRFA in section 9.0 of the RIR that
describes the economic impacts this proposed rule, if adopted, would
have on small entities. A description of the action, why it is being
considered, the objectives and the legal basis for this action are
contained at the beginning of the SUPPLEMENTARY INFORMATION section.
This action does not duplicate, overlap, or conflict with any other
Federal rules. A summary of the IRFA follows:
Vessels
In 2000, a total of 48 vessels reported harvesting surfclams or
ocean quahogs from Federal waters under an Individual Transferable
Quota (ITQ) system. Average 2000 gross income from surfclam harvests
was $702,317 per vessel, and $470,854 per vessel from ocean quahog
harvests. In the small artisanal fishery for ocean quahogs in Maine, 34
vessels reported harvests in the clam logbooks, with an average value
of $97,223 per vessel. All of these vessels fall within the definition
of a small entity. The Council recommends no change in the 2002 quotas
for ocean quahogs or Maine mahogany ocean quahogs from their 2001
quotas, and a 10-percent increase in the surfclam quota. Since 2000
harvest levels of 2.561 and 3.161 million bu (1.364 million hL to 1.683
million hL) for surfclams and ocean quahogs, respectively, were below
the 2002 proposed quotas, and the Council assumes no changes in fishing
effort or yield-to-effort will take place in 2001, the Council believes
that the proposed 2002 quotas will yield a surplus quota available to
vessels participating in these fisheries. In the case of a surplus
quota, vessels would not be constrained from harvesting additional
product, thus, allowing them to increase their revenues.
The Council analyzed four ocean quahog quota alternatives in
addition to the preferred 4.500-million bu (2.396-million hL) option,
including 4.000, 4.250, 4.750, and 6.000 million bu (2.129, 2.263,
2.529, and 3.195 million hL). The minimum allowable quota specified in
the current OY range is 4.000 million bu (2.129 million hL) of ocean
quahogs. Adoption of a 4.000 million bu (2.129 million hL) quota would
represent a 12-percent decrease from the current 4.500 million bu
(2.396 million hL) quota and, assuming the entire quota is harvested, a
27-percent increase in harvest from the 2000 harvest level of 3.161
million bu (1.683 million hL). This alternative would take the most
conservative approach to managing the fishery that is currently
available to the Council. Adopting the maximum allowable quota of 6.000
million bu (3.195 million hL) for ocean quahogs would represent a 33-
percent increase in allowable harvest and a 90-percent increase in
landings from 2000, assuming that all of the quota is harvested.
However, the industry does not have a market available to absorb such a
massive increase in landings and may not have the vessel capacity
necessary to harvest a quota this large (two of the most productive
ocean quahog vessels sank in January 1999
[[Page 53772]]
and have not been replaced). Since all alternatives, including the
preferred, would yield increases relative to the actual 2000 landings,
increased revenues, would be likely to occur.
The Council identified four surfclam quota alternatives in addition
to the preferred alternative of 3.135 million bu (1.669 million hL),
including 1.850, 2.850, 3.000, and 3.400 million bu (0.985, 1.517,
1.597, and 1.810 million hL). The minimum allowable quota specified in
the current OY range is 1.850 million bu (0.985 million hL) of
surfclams. Adoption of a 1.81 million bu (0.985 million hL) quota would
represent a 35-percent decrease from the current 2.850-million bu
(1.517-million hL) quota, and a 28-percent decrease from the 2000
harvest level of 2.561 million bu (1.364 million hL). A reduction in
quota of this magnitude would have a substantially negative impact on
overall exvessel revenues. Adoption of the 2.850 million bu (1.517
million hL) quota would most likely have a limited impact on small
entities, since it is identical to the 2001 quota. Adopting the maximum
allowable quota of 3.400 million bu (1.810 million hL) for surfclams
would allow for a 19-percent increase in harvest. The Council
considered a 5-percent increase in quota from the 2001 level to 3.000
million bu (1.597 million hL), but industry representatives asked for,
and stated that they preferred, a 10-percent increase. The preferred
alternative allows for the 10-percent increase of 2.850 million bu
(1.517 million hL) to 3.135 million bu (1.669 million hL). The Council
determined that the only alternative that would significantly
negatively impact revenues to vessels is the 1.850 million bu (0.985
million hL) alternative for surfclams. Both the status quo quota
alternative and the 5-percent increase could be constraining on
industry. At best, the 5-percent increase would probably increase
revenues by a small amount. The resource can support the 10-percent
increase in landings and the industry believes it can harvest and
process this additional product.
The quota for Maine mahogany ocean quahogs is specified at a
maximum 100,000 Maine bu (35,240 hL). The FMP specifies that upward
adjustments to the quota would require a scientific survey and stock
assessment of the Maine mahogany ocean quahog resource. However, no
survey or assessment has been conducted. The Council considered two
alternative quotas for the Maine mahogany fishery, in addition to the
preferred alternative of 100,000 Maine bu (35,240 hL), including 50,000
Maine bu and 72,466 bu (17,620 and 25,537 hL). Any quota the Council
would have recommended below the 1999 landing level of 93,938 Maine bu
(33,104 hL) would most likely have resulted in a decrease in revenues
to individual vessels.
Processors
Nine to 12 processors currently participate in the surfclam and
ocean quahog fisheries. However, five firms are responsible for the
vast majority of purchases in the ex-vessel market and sale of
processed clam products in wholesale markets. Impacts to surfclams and
ocean quahog processors would most likely mirror the impacts of the
various quota alternatives to vessels, as discussed above. Revenues
earned by processors would be derived from the wholesale market for
clam products and, since a large number of substitute products (i.e.,
other food products) are available, the demand for processed clam
products is likely to be price-dependent.
Allocation Holders
In 2001, there were 99 surfclam allocation holders, while 63 firms
or individuals held an ocean quahog allocation. If the recommended
quotas are accepted, i.e., no change from 2001 quotas on ocean quahogs
or Maine mahogany ocean quahogs, and an increase of 10-percent for
surfclams, it is likely that impacts to allocation holders or buyers
will be minimal. Theoretically, increases in the quota would most
likely benefit those who purchase quota (through lower prices (values))
and negatively impact sellers of quota because of reduction in value.
Decreases in the quota would most likely have an opposite effect.
Reporting and Recordkeeping Requirements
This proposed rule would not impose any new reporting,
recordkeeping, or other compliance requirements. Therefore, the costs
of compliance would remain unchanged.
The RIR/IRFA is available from the Council (see ADDRESSES).
Authority: 16 U.S.C. 1801 et seq.
Dated: October 18, 2001.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 01-26791 Filed 10-23-01; 8:45 am]
BILLING CODE 3510-22-S