[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Proposed Rules]
[Pages 65874-65876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21772]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 051017270-5270-01; I.D. 093005B]
RIN 0648-AT85
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic
Surfclam and Ocean Quahog Fishery; Proposed 2006 and 2007 Fishing
Quotas for Ocean Quahogs
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 quotas for the ocean quahog fishery for 2006 and
2007. Specifications for the Atlantic surfclam and Maine ocean quahog
fishery, which remain unchanged from the multi-year quota
specifications, are reprinted here
[[Page 65875]]
for clarity. Regulations governing these fisheries require NMFS to
publish the proposed specifications for the 2006 and 2007 fishing years
and seek public comment on such proposed measures. The intent of this
action is to propose allowable harvest levels of ocean quahogs from the
Exclusive Economic Zone.
DATES: Comments must be received no later than 5 p.m., eastern standard
time, on December 1, 2005.
ADDRESSES: Copies of supporting documents, including the Regulatory
Impact Review (RIR) and 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.
Written comments on the proposed specifications may be submitted by
any of the following methods:
Mail: Patricia A. Kurkul, Regional Administrator,
Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298.
Mark on the outside of the envelope, ``Comments on Ocean Quahog
Proposed Specifications.''
Fax: (978) 281-9135.
E-mail: [email protected]. Include in the subject line of
the email the following document identifier: ``Comments on Quahog
Proposed Specifications.''
Federal e-Rulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Brian R. Hooker, Fishery Policy
Analyst, 978-281-9220.
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 on a 3-year
basis, 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 that a small artisanal fishery for ocean quahogs in the waters
north of 43 50' N. lat. has an annual quota with an initial amount of
100,000 Maine bushels (bu) (35,240 hectoliters (hL)) within a range of
17,000 to 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 paper, 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 2005, the Council voted to recommend maintaining the 2005
quota of 5.333 million bu (284 million L) for the ocean quahog fishery
for 2006 and 2007, which is a change from the existing specifications
for these fishing years published in the Federal Register on January
12, 2005, (70 FR 2023). The Council recommended no change from the
existing specifications for Atlantic surfclam and Maine ocean quahog
for the 2006 and 2007 fishing years.
The proposed quotas for the 2006-2007 ocean quahog fishery are
shown in the table below. The quotas for the Atlantic surfclam and
Maine ocean quahog are re-stated in this table for clarity. The 2005
harvest level for ocean quahogs is proposed to be maintained for 2006-
2007. The Atlantic surfclam and ocean quahog quotas are specified in
standard bu of 53.24 L per bu, while the Maine mahogany 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.
PROPOSED 2006-2007 OCEAN QUAHOG\1\ QUOTAS AND RE-STATEMENT OF ATLANTIC
SURFCLAM\1\ AND MAINE OCEAN QUAHOG QUOTAS
------------------------------------------------------------------------
2006 2007
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bu hL bu hL
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Ocean Quahogs\2\ 5.333 2.840 5.333 2.840
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Surfclams\2\ 3.400 1.810 3.400 1.810
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Maine Ocean Quahogs\3\ 100,000 35,240 100,000 35,240
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\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
Ocean Quahogs
The proposed 2006-2007 quotas for ocean quahogs reflect a decrease
from the current 2006-2007 specifications. The current regulations
specify an increase in the 2005 ocean quahog quota from 5.333 million
bu (284 million L) to 5.666 million bu (301.6 million L) in 2006 and
6.000 million bu (319.4 million L) in 2007. However, due to an
unexpected surplus of ocean quahog product on the market, the planned
increase in ocean quahog quota is no longer warranted. The assessment
for ocean quahogs found that the current biomass is high, and the
resource surveyed from southern New England to southern Virginia is not
overfished and
[[Page 65876]]
overfishing is not occurring. When there are market surpluses a quota
allocation owner could simply choose not to fish their quota
allocation, however this would leave a surplus of individual
transferrable quota shares on the market. Many individuals participate
in this fishery by leasing their excess quota shares on an annual
basis. When harvests are reduced in response to market demand fishery
participants that depend on income from leasing their quota incur a
financial loss. National Standard 8 of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) requires that
management measures should, to the extent practicable, minimize adverse
economic impacts on fishing communities. This action would reduce the
amount of quota shares on the market ensuring the sustained
participation of individuals dependent on the annual lease of ocean
quahog quota shares.
Classification
This action is authorized by 50 CFR part 648 and has been
determined to be not significant for purposes of Executive Order 12866.
Pursuant to 5 U.S.C. 603, an IRFA has been prepared, which
describes the economic impacts that this proposed rule, if adopted,
would have on small entities. A description of the reasons why this
action is being considered, as well as the objectives of and legal
basis for this proposed rule is found in the preamble to this document.
There are no Federal rules that duplicate, overlap, or conflict with
the proposed rule. This action proposes to reduce the 2006 and 2007
ocean quahog fishing quotas from those currently in place. This action
was compared to four different quota alternatives for the 2006 and 2007
fishing years. The other quota alternatives included reducing the ocean
quahog quota to the minimum quota allowable under the FMP (4.000
million bu (213 million L)) for 2006 and 2007; a slight decrease from
the 2005 quota level to 5.000 million bu (266.18 million L) for 2006
and 2007; no action that would maintain the incremental quota increase
for 2006 (5.666 million bu (301.6 million L)) and 2007 (6.000 million
bu (319.4 million L)); and the maximum quota allowable under the FMP
(6.000 million bu (319.4 million L)) for 2006 and 2007.
Description and Estimate of the Number of Small Entities to Which this
Proposed Rule Would Apply
The Small Business Administration (SBA) defines a small commercial
fishing entity as a firm with gross receipts not exceeding $3.5
million. In 2004, a total of 29 vessels reported harvesting surfclams
and/or ocean quahogs from Federal waters under an Individual
Transferable Quota (ITQ) system. Average 2004 gross income for ocean
quahog harvesters was $789,748 per vessel. Each vessel in this analysis
is treated as a single entity for purposes of size determination and
impact assessment. All 29 commercial fishing entities would fall under
the SBA size standard for small commercial fishing entities.
Additionally, there is a total of 56 ocean quahog quota allocation
owners as of August 22, 2005. An allocation owner may choose to fish or
lease his or her quota allocation.
Economic Impacts of this Proposed Action
By foregoing the planned increase of ocean quahog quota shares on
the market it is hoped that entities that depend on the sale or lease
of quota shares will continue to be able to participate in the fishery.
Leaving the quota at the 2005 harvest level of 5.333 million bu (284
million L) it is not expected to constrain the fishery. In fact, the
total 2005 harvest is not expected to exceed 3.000 million bu (159.72
million L). As of September 15, 2005, only 2.1 million bu (111.80
million L), which is just over 40 percent of the available quota, was
harvested with only three months left in the 12-month fishing year. By
not increasing the quota, companies that have access to steady product
demand may be required to lease or buy quota to fulfill their needs.
Economic Impacts of Alternatives to the Proposed Action
The Council analyzed four ocean quahog quota alternatives in
addition to the preferred alternative. The alternatives are as follows:
the preferred alternative of maintaining the 2005 quota level; an
alternative with a 25-percent (1.333 million bu (71 million L))
decrease; an alternative with the 2004 status quo of 5.000 million
bushels (266.18 million L); an alternative with a 6.2-percent (0.333
million bu (17.73 million L)) increase; and an alternative with an
increase to the maximum allowable quota (6.000 million bu (319.4
million L)). The minimum allowable quota specified in the current OY
range is 4.000 million bu (212.94 million L) of ocean quahogs. Adoption
of a 4.000 million bu (212.94 million L) quota would represent a 25-
percent decrease from the current quota. This alternative would take
the most conservative approach to managing the fishery that is
currently available to the Council, but would result in the fewest
economic benefits available to the ocean quahog fishery because it
would produce the fewest landings. The alternative to reduce the quota
to 5.000 million bu (266.18 million L) would reduce the amount of
available quota share and thus the overall quota to the 2004 level.
This alternative is not preferred because the industry believes that a
reduction in quota from 2005 would communicate shortages in supply or
harvesting capacity to the market. The other alternatives all propose
to increase the quota. These are not preferred as they would create a
fishery-wide surplus of quota share that could prevent small fishing
entities from leasing or selling their individual surplus quota share
to other entities with access to a steady market. The Council concluded
that while an increase is not warranted at this time they chose also to
keep some flexibility in the quota so the industry would be able to
react to an increase in product demand. However, the Council remains
concerned that the industry does not currently have a market available
to absorb a large increase in landings that quickly. Given this
information, the Council and NMFS recommend maintaining the 2005 ocean
quahog quota level for 2006 and 2007.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 26, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 05-21772 Filed 10-31-05; 8:45 am]
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