Fisheries of the Northeastern United States; Final 2005, 2006, and 2007 Fishing Quotas for Atlantic Surfclams, Ocean Quahogs, and Maine Mahogany Ocean Quahogs, 2023-2026 [05-626]
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Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Rules and Regulations
List of Subjects in 49 CFR Part 579
DEPARTMENT OF COMMERCE
SUPPLEMENTARY INFORMATION:
Imports, Motor vehicle safety, Motor
vehicles, Reporting and recordkeeping
requirements.
National Oceanic and Atmospheric
Administration
I. Background
I
Accordingly, 49 CFR Part 579 is
corrected by making the following
correcting amendment.
50 CFR Part 648
FOR FURTHER INFORMATION CONTACT:
Leo
2023
Yon, Office of Defects Investigation,
NHTSA (phone: 202–366–5226).
On July 10, 2002, NHTSA published
a final rule implementing the early
warning reporting (EWR) provisions of
the Transportation Recall Enhancement,
Accountability, and Documentation
(TREAD) Act, 49 U.S.C. 30166(m). 67 FR
45822. The agency has adopted a
number of amendments to that rule. As
of October 1, 2003, 49 CFR 579.28(b)
Due date of reports read as follows:
Except as provided in paragraph (n) of this
section, each manufacturer of motor vehicles
and motor vehicle equipment shall submit
each report that is required by this subpart
not later than 30 days after the last day of the
reporting period. Notwithstanding the prior
sentence, the due date for reports covering
the third and fourth calendar quarter of 2003
and the first calendar quarter of 2004 shall
be 60 days after the last day of the reporting
period. Except as provided in § 579.27(b), if
a manufacturer has not received any of the
categories of information or documents
during a quarter for which it is required to
report pursuant to §§ 579.21 through 579.26,
the manufacturer’s report must indicate that
no relevant information or documents were
received during that quarter. If the due date
for any report is a Saturday, Sunday or a
Federal holiday, the report shall be due on
the next business day.
A September 28, 2004 notice amended
the first two sentences of § 579.28(b) by
extending the due date by which
quarterly reports are to be submitted to
the agency from 30 days to 60 days
following the end of a calendar quarter
and changing the date by which copies
of non-dealer field reports were to be
submitted from 30 days after the
quarterly reports were due to 15 days
after those reports are due. 69 FR 57867.
After publishing the September 28th
notice, we learned that we had
inadvertently deleted the last two
sentences of section 579.28(b). We had
not intended to delete this language.
Today’s amendment corrects this
error by re-inserting the last 2 sentences
of § 579.28(b). In particular, the
language is:
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12:16 Jan 11, 2005
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RIN 0648–AR52
PART 579—REPORTING OF
INFORMATION AND
COMMUNICATIONS ABOUT
POTENTIAL DEFECTS
1. The authority citation for part 579
continues to read as follows:
I
Authority: Sec. 3, Pub. L. 106–414, 114
Stat. 1800 (49 U.S.C. 30102–103, 30112,
30117–121, 30166–167); delegation of
authority at 49 CFR 1.50.
Subpart C—Reporting of Early
Warning Information
2. In § 579.28, revise paragraph (b) to
read as follows:
I
§ 579.28 Due date of reports and other
miscellaneous provisions.
*
*
*
*
*
(b) Due date of reports. Except as
provided in subsection (n) of this
section, each manufacturer of motor
vehicles and motor vehicle equipment
shall submit each report that is required
by this subpart not later than 60 days
after the last day of the reporting period.
Except as provided in § 579.27(b), if a
manufacturer has not received any of
the categories of information or
documents during a quarter for which it
is required to report pursuant to
§§ 579.21 through 579.26, the
manufacturer’s report must indicate that
no relevant information or documents
were received during that quarter. If the
due date for any report is a Saturday,
Sunday or a Federal holiday, the report
shall be due on the next business day.
*
*
*
*
*
Issued on: January 3, 2005.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 05–532 Filed 1–11–05; 8:45 am]
BILLING CODE 4910–59–P
Except as provided in § 579.27(b), if a
manufacturer has not received any of the
categories of information or documents
during a quarter for which it is required to
report pursuant to §§ 579.21 through 579.26,
the manufacturer’s report must indicate that
no relevant information or documents were
received during that quarter. If the due date
for any report is a Saturday, Sunday or a
Federal holiday, the report shall be due on
the next business day.
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[Docket No. 041108311–5001–02; I.D.
110204B]
Fisheries of the Northeastern United
States; Final 2005, 2006, and 2007
Fishing Quotas for Atlantic Surfclams,
Ocean Quahogs, and Maine Mahogany
Ocean Quahogs
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS is required to specify
annual catch quotas for the Atlantic
surfclam and ocean quahog fisheries.
NMFS issues this rule to set final
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 Atlantic
waters north of 43°50′ N. lat. for the
2005, 2006, and 2007 fishing years.
DATES: Effective January 1, 2005.
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.
The Final Regulatory Flexibility
Analysis (FRFA) consists of the IRFA,
and public comments and responses,
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. A copy of
the EA/RIR/IRFA is accessible via the
Internet at https://www.nero.noaa.gov/
nero/regs/com.html.
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
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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, will be
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.
Detailed background information
regarding the development of these
quotas was provided in the preamble to
the proposed rule (69 FR 67528,
November 18, 2004), and is not repeated
here. The comment period for the
proposed rule ended December 20,
2004.
NMFS is also implementing
clarifications to the Atlantic surfclam
and ocean quahog regulations through
this final rule. Amendments to
§§ 648.70(a), and 648.71(a) and (a)(2),
remove references to the dates on which
the initial allocation of surfclams and
ocean quahogs shall be determined, and
Fishery Management Council (Council),
specify annual quotas for surfclams and
ocean quahogs 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 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
remove references to the dates on which
the proposed and final rules for the
annual specifications must be specified
and published in the Federal Register
by the Regional Administrator.
References to these dates are not
necessary in regulatory text.
Additionally, a latitudinal coordinate
identifying the ‘‘Boston Foul Ground’’
in § 648.73(a)(1) is corrected through reinsertion of a digit that was
inadvertently dropped in a previous
rulemaking. These administrative
revisions are minor, non-substantive
changes and do not change operating
practices in the fishery.
The final quotas for the 2005–2007
Atlantic surfclam, ocean quahog, and
Maine mahogany ocean quahog
fisheries, which are unchanged from the
proposed rule, are shown in the table
below. The status quo level of 2004 for
Maine ocean quahog and surfclams is
maintained for 2005–2007, but the
ocean quahog quota is increased
incrementally by 20 percent over the 3year period.
FINAL 2005–2007 SURFCLAM/OCEAN QUAHOG QUOTAS1
2005
2006
bu
hL
2007
bu
hL
bu
hL
2Surfclams
3.400
1.810
3.400
1.810
3.400
1.810
2Ocean
Quahogs
5.333
2.840
5.666
3.016
6.000
3.194
3Maine
Ocean Quahogs
100,000
35,240
100,000
35,240
100,000
35,240
1Numerical
21
31
values in table are in millions except for Maine ocean quahogs
bushel = 1.88 cubic ft = 53.24 liters
bushel = 1.2445 cubic ft = 35.24 liters
Comments and Responses
NOAA Fisheries received one
comment on the proposed rule during
the comment period. The commenter
stated the following concerns: (1) There
is no rationale for an increase in
surfclam quota; and (2) the proposed
rule would allow overfishing to
continue.
This final rule would not increase the
quota for surfclams. The status quo
(which is the maximum allowed under
the FMP) would remain in effect for the
3-year quota period. Based on the most
recent stock assessments, neither the
Atlantic surfclam nor the ocean quahog
resource is overfished, nor is overfishing
occurring. The recommended quotas are
expected to allow sustainable fishing to
continue for at least 10 years for
surfclams and 30 years for ocean
quahogs.
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Classification
This final rule 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,
2005, regardless of the publication of
the annual quota, as tags for the 2005
fishing year have already been issued by
the vendor pursuant to § 648.75(b).
Historically, allocations have been
transferred either permanently or
temporarily to meet changing economic
circumstances in the fishery right from
the commencement of these fisheries.
For example, vessel owners who enter
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into a supply contract with a processor
may experience vessel breakdowns that
thwart performance of their contractual
obligations. In this situation, it is
imperative that the vessel owner have
the ability to request that NMFS transfer
temporarily part of his/her allocation to
another harvester who is willing to
fulfill the terms of the supply contract
in time for the start of the 2005 fishing
year on January 1, 2005. Further, and of
more immediate concern is that several
banks currently hold a total 17 surfclam
and 12 ocean quahog allocations. These
allocations are held by the banks as
security for loans made by the banks to
fisherman in these two fisheries. This
entails the permanent transfer of the
individual allocation to the bank as
collateral for the pendency of the loan.
The banks request NMFS on an annual
basis to transfer temporarily the cage
tags associated with the allocation back
to the borrower. This transfer enables
the borrower to begin fishing at the
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beginning of the fishing year in order to
generate income with which to
discharge the loan. 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.
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 2005–2007
surfclam, ocean quahog, and Maine
ocean quahog quotas.
A description of the reasons why this
action is being taken by the Agency and
the objectives of this final rule are
continued in the preambles of the
proposed rule and this final rule. This
action does not contain any collectionof-information, reporting, or
recordkeeping requirements. It does not
duplicate, overlap, or conflict with any
other Federal rules. This action is taken
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) and regulations at 50 CFR part 648.
There are no compliance costs
associated with this final rule.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this
action is being taken, and the objectives
of and legal basis for this final rule are
explained in the preambles of the
proposed and final rule and are not
repeated here.
Summary of Significant Issues Raised in
Public Comments
No significant issues, including ones
relating to the IRFA or the economic
effects of the proposed rule, were raised
in the public comments. One comment
was received and has been addressed in
the preamble to the final rule.
Description and Estimate of Number of
Small Entities to Which this Rule Will
Apply
This action will impact approximately
138 small entities, 82 Atlantic surfclam
allocation owners, and 56 ocean quahog
allocation owners. In 2003, 50 vessels
reported harvesting surfclams or ocean
quahogs from Federal waters under the
ITQ system. Thirty-five vessels in 2003
fished under Federal limited access
Maine ocean quahog permits. All of
these businesses are considered small
entities under the standards described
by the Small Business Administration
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because they have annual returns that
do not exceed $3.5 million annually.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
This rule does not impose any new
reporting, recordkeeping, or other
compliance requirements. Therefore, the
costs of compliance are unchanged.
Description of Minimization of
Economic Impacts on Small Entities
Economic impacts on small entities
have been minimized within the
constraints of the FMP. Specifically, the
commercial quotas must meet the
conservation objectives of the FMP,
implemented in 50 CFR part 648 under
the authority of the Magnuson-Stevens
Act. This final rule establishes harvest
levels for Atlantic surfclams that are the
maximum allowable under the FMP for
2005–2007. Harvest levels for ocean
quahogs will be the maximum allowable
under the FMP by 2007.
The Council identified three surfclam
quota alternatives in addition to the
‘‘no-action’’ alternative. The preferred
alternative of 3.400 m bu (1.81 m hL) for
2005–2007, an alternative with a 45.6–
percent decrease to 1.85 m bu (0.98 m
hL), and an alternative with a 4.4–
percent decrease to 3.25 m bu (1.73 m
hL) were analyzed. The minimum
allowable quota specified in the current
OY range is 1.850 m bu (0.99 m hL) of
surfclams. A 45.6–percent reduction in
quota of would have a substantially
negative impact on overall ex-vessel
revenues equaling a $215,363–decrease
per allocation. Adoption of the 4.4–
percent decrease in quota would
represent a $20,781–reduction per
allocation. However, given the current
biological status of the surfclam
resource, the Council does not believe
that a quota reduction is warranted at
this time. In summation, the Council
determined that the 45.6–percent
reduction would significantly negatively
impact revenues and a smaller 4.4–
percent reduction is not warranted as
the stock is not overfished and
overfishing is not occurring. The
preferred alternative is the 2004 status
quo, thus it will have no impact on
revenues.
The Council analyzed four ocean
quahog quota alternatives in addition to
the ‘‘no-action’’ alternative. The
preferred alternative of a 20–percent
increase over 3 years, an alternative
with a 20–percent (1.0 m bu (0.53 m
hL)) decrease, an alternative with the
2004 status quo of 5.0 m bushels (2.66
m hL), and an alternative with a 20–
percent (1.0 m bu (0.53 m hL)) increase
in 1 year were analyzed. The minimum
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2025
allowable quota specified in the current
OY range is 4.0 m bu (2.13 m hL) of
ocean quahogs. Adoption of a 4.0 m bu
(2.13 m hL) quota would represent a 20–
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. Given the current
biological status of the quahog resource,
the Council concluded that a quota
reduction is not warranted. Adoption of
the 2004 status quo quota will have no
impact on revenues for small entities. A
20–percent increase in quota in the first
year would move directly to the
maximum quota allowed in the FMP
and, if fully utilized, would equate to a
$102,180–increase per allocation.
However, the Council was concerned
that the industry does not currently
have a market available to absorb a large
increase in landings that quickly.
Additionally, due to uncertainty in the
recent stock assessment, the Council
recommended a gradual increase, with
annual reviews to confirm its
appropriateness. Although two
alternatives would allow for increased
revenues, the Council recommended a
gradual 20–percent increase over 3
years, rather than the 20–percent
increase in the first year.
The quota for Maine mahogany ocean
quahogs is specified at the maximum
allowable 100,000 Maine bu (35,240
hL). The FMP specifies that adjustments
to the quota above 100,000 Maine bu
(35,240 hL) 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 ocean quahog
fishery, in addition to the preferred
alternative of 100,000 Maine bushels
(35,240 hL), including 50,000 Maine bu
and 92,500 Maine bu (17,620 and 32,596
hL). Any quota below the 1999 landing
level of 93,938 Maine bu (33,104 hL)
would have resulted in a decrease in
revenues to individual vessels.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforceement 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
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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 https://
www.nero.noaa.gov. Copies of the guide
can also be obtained from the Regional
Administrator (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeing requirements.
Dated: January 6, 2005.
Rebecca Lent,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble,
50 CFR part 648 is amended as follows:
I
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.70, paragraph (a)(1) is
revised to read as follows:
I
§ 648.70
§ 648.71
Annual individual allocations.
(a) * * *
(1) Each fishing year, the Regional
Administrator shall determine the
initial allocation of surfclams and ocean
quahogs for the next fishing year for
each allocation holder owning an
allocation pursuant to paragraph (a)(2)
of this section. For each species, the
initial allocation for the next fishing
year is calculated by multiplying the
allocation percentage owned by each
allocation owner as of the last day of the
previous fishing year in which
allocation owners are permitted to
permanently transfer allocation
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percentage pursuant to paragraph (b) of
this section (i.e., October 15 of every
year), by the quota specified by the
Regional Administrator pursuant to
§ 648.71. The total number of bushels of
allocation shall be divided by 32 to
determine the appropriate number of
cage tags to be issued or acquired under
§ 648.75. Amounts of allocation 0.5 or
smaller created by this division shall be
rounded downward to the nearest whole
number, and amounts of allocation
greater than 0.5 created by this division
shall be rounded upward to the nearest
whole number, so that allocations are
specified in whole cages. These
allocations shall be made in the form of
an allocation permit specifying the
allocation percentage and the allocation
in bushels and cage tags for each
species. An allocation permit is only
valid for the entity for which it is
issued. Such permits shall be issued on
or before December 15, to allow
allocation owners to purchase cage tags
from a vendor specified by the Regional
Administrator pursuant to § 648.75(b).
*
*
*
*
*
I 3. In § 648.71, paragraphs (a)
introductory text and (a)(2) are revised as
follows:
Catch quotas.
(a) Establishing quotas. Beginning in
2005, the amount of surfclams or ocean
quahogs that may be caught annually by
fishing vessels subject to these
regulations will be specified for a 3-year
period by the Regional Administrator.
The initial 3-year specification will be
based on the most recent available
survey and stock assessments for
Atlantic surfclams and ocean quahogs.
Subsequent 3-year specifications of the
annual quotas will be accomplished in
the third year of the quota period,
unless the quotas are modified in the
interim pursuant to § 648.71(b). The
amount of surfclams available for
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harvest annually must be specified
within the range of 1.85 to 3.4 m bu
(98.5 to 181 m L) per year. The amount
of ocean quahogs available for harvest
annually must be specified within the
range of 4 to 6 m bu (213 to 319.4 m L).
*
*
*
*
*
(2) Public review. Based on the
recommendation of the MAFMC, the
Regional Administrator shall publish
proposed surfclam and ocean quahog
quotas in the Federal Register.
Comments on the proposed annual
quotas may be submitted to the Regional
Administrator within 30 days after
publication. The Assistant
Administrator shall consider all
comments, determine the appropriate
annual quotas, and publish the annual
quotas in the Federal Register each
year. The quota shall be set at that
amount that is most consistent with the
objectives of the Atlantic Surfclam and
Ocean Quahog FMP. The Regional
Administrator may set quotas at
quantities different from the MAFMC’s
recommendations only if he/she can
demonstrate that the MAFMC’s
recommendations violate the national
standards of the Magnuson-Stevens Act
and the objectives of the Atlantic
Surfclam and Ocean Quahog FMP and
other applicable law.
4. In § 648.73, paragraph (a)(1) is
revised as follows:
I
§ 648.73
Closed areas.
(a) * * *
(1) Boston Foul Ground. The waste
disposal site known as the ‘‘Boston Foul
Ground’’ and located at 42°25′36″ N.
lat., 70°35′00″ W. long., with a radius of
1 nautical mile in every direction from
that point.
*
*
*
*
*
[FR Doc. 05–626 Filed 1–11–05; 8:45 am]
BILLING CODE 3510–22–S
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[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Rules and Regulations]
[Pages 2023-2026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-626]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 041108311-5001-02; I.D. 110204B]
RIN 0648-AR52
Fisheries of the Northeastern United States; Final 2005, 2006,
and 2007 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is required to specify annual catch quotas for the
Atlantic surfclam and ocean quahog fisheries. NMFS issues this rule to
set final 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 Atlantic waters north of
43[deg]50' N. lat. for the 2005, 2006, and 2007 fishing years.
DATES: Effective January 1, 2005.
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.
The Final Regulatory Flexibility Analysis (FRFA) consists of the
IRFA, and public comments and responses, 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. A copy of the EA/RIR/IRFA is accessible via the Internet at
https://www.nero.noaa.gov/nero/regs/com.html.
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
[[Page 2024]]
Fishery Management Council (Council), specify annual quotas for
surfclams and ocean quahogs 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[deg]50' N. lat. has an annual quota with an initial amount of
100,000 Maine 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, will be 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.
Detailed background information regarding the development of these
quotas was provided in the preamble to the proposed rule (69 FR 67528,
November 18, 2004), and is not repeated here. The comment period for
the proposed rule ended December 20, 2004.
NMFS is also implementing clarifications to the Atlantic surfclam
and ocean quahog regulations through this final rule. Amendments to
Sec. Sec. 648.70(a), and 648.71(a) and (a)(2), remove references to
the dates on which the initial allocation of surfclams and ocean
quahogs shall be determined, and remove references to the dates on
which the proposed and final rules for the annual specifications must
be specified and published in the Federal Register by the Regional
Administrator. References to these dates are not necessary in
regulatory text. Additionally, a latitudinal coordinate identifying the
``Boston Foul Ground'' in Sec. 648.73(a)(1) is corrected through re-
insertion of a digit that was inadvertently dropped in a previous
rulemaking. These administrative revisions are minor, non-substantive
changes and do not change operating practices in the fishery.
The final quotas for the 2005-2007 Atlantic surfclam, ocean quahog,
and Maine mahogany ocean quahog fisheries, which are unchanged from the
proposed rule, are shown in the table below. The status quo level of
2004 for Maine ocean quahog and surfclams is maintained for 2005-2007,
but the ocean quahog quota is increased incrementally by 20 percent
over the 3-year period.
FINAL 2005-2007 SURFCLAM/OCEAN QUAHOG QUOTAS\1\
------------------------------------------------------------------------
2005 2006 2007
------------------------------------------
bu hL bu hL bu hL
------------------------------------------------------------------------
\2\Surfclams 3.400 1.810 3.400 1.810 3.400 1.810
------------------------------------------------------------------------
\2\Ocean Quahogs 5.333 2.840 5.666 3.016 6.000 3.194
------------------------------------------------------------------------
\3\Maine Ocean Quahogs 100,00 35,24 100,0 35,24 100,0 35,24
0 0 00 0 00 0
------------------------------------------------------------------------
\1\Numerical values in table are in millions except for Maine ocean
quahogs
\2\1 bushel = 1.88 cubic ft = 53.24 liters
\3\1 bushel = 1.2445 cubic ft = 35.24 liters
Comments and Responses
NOAA Fisheries received one comment on the proposed rule during the
comment period. The commenter stated the following concerns: (1) There
is no rationale for an increase in surfclam quota; and (2) the proposed
rule would allow overfishing to continue.
This final rule would not increase the quota for surfclams. The
status quo (which is the maximum allowed under the FMP) would remain in
effect for the 3-year quota period. Based on the most recent stock
assessments, neither the Atlantic surfclam nor the ocean quahog
resource is overfished, nor is overfishing occurring. The recommended
quotas are expected to allow sustainable fishing to continue for at
least 10 years for surfclams and 30 years for ocean quahogs.
Classification
This final rule 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, 2005, regardless of the publication of the annual
quota, as tags for the 2005 fishing year have already been issued by
the vendor pursuant to Sec. 648.75(b). Historically, allocations have
been transferred either permanently or temporarily to meet changing
economic circumstances in the fishery right from the commencement of
these fisheries. For example, vessel owners who enter into a supply
contract with a processor may experience vessel breakdowns that thwart
performance of their contractual obligations. In this situation, it is
imperative that the vessel owner have the ability to request that NMFS
transfer temporarily part of his/her allocation to another harvester
who is willing to fulfill the terms of the supply contract in time for
the start of the 2005 fishing year on January 1, 2005. Further, and of
more immediate concern is that several banks currently hold a total 17
surfclam and 12 ocean quahog allocations. These allocations are held by
the banks as security for loans made by the banks to fisherman in these
two fisheries. This entails the permanent transfer of the individual
allocation to the bank as collateral for the pendency of the loan. The
banks request NMFS on an annual basis to transfer temporarily the cage
tags associated with the allocation back to the borrower. This transfer
enables the borrower to begin fishing at the
[[Page 2025]]
beginning of the fishing year in order to generate income with which to
discharge the loan. 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. 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 2005-2007 surfclam, ocean quahog, and Maine
ocean quahog quotas.
A description of the reasons why this action is being taken by the
Agency and the objectives of this final rule are continued in the
preambles of the proposed rule and this final rule. This action does
not contain any collection-of-information, reporting, or recordkeeping
requirements. It does not duplicate, overlap, or conflict with any
other Federal rules. This action is taken under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and regulations at 50 CFR part 648. There are no
compliance costs associated with this final rule.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this action is being taken, and
the objectives of and legal basis for this final rule are explained in
the preambles of the proposed and final rule and are not repeated here.
Summary of Significant Issues Raised in Public Comments
No significant issues, including ones relating to the IRFA or the
economic effects of the proposed rule, were raised in the public
comments. One comment was received and has been addressed in the
preamble to the final rule.
Description and Estimate of Number of Small Entities to Which this Rule
Will Apply
This action will impact approximately 138 small entities, 82
Atlantic surfclam allocation owners, and 56 ocean quahog allocation
owners. In 2003, 50 vessels reported harvesting surfclams or ocean
quahogs from Federal waters under the ITQ system. Thirty-five vessels
in 2003 fished under Federal limited access Maine ocean quahog permits.
All of these businesses are considered small entities under the
standards described by the Small Business Administration because they
have annual returns that do not exceed $3.5 million annually.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This rule does not impose any new reporting, recordkeeping, or
other compliance requirements. Therefore, the costs of compliance are
unchanged.
Description of Minimization of Economic Impacts on Small Entities
Economic impacts on small entities have been minimized within the
constraints of the FMP. Specifically, the commercial quotas must meet
the conservation objectives of the FMP, implemented in 50 CFR part 648
under the authority of the Magnuson-Stevens Act. This final rule
establishes harvest levels for Atlantic surfclams that are the maximum
allowable under the FMP for 2005-2007. Harvest levels for ocean quahogs
will be the maximum allowable under the FMP by 2007.
The Council identified three surfclam quota alternatives in
addition to the ``no-action'' alternative. The preferred alternative of
3.400 m bu (1.81 m hL) for 2005-2007, an alternative with a 45.6-
percent decrease to 1.85 m bu (0.98 m hL), and an alternative with a
4.4-percent decrease to 3.25 m bu (1.73 m hL) were analyzed. The
minimum allowable quota specified in the current OY range is 1.850 m bu
(0.99 m hL) of surfclams. A 45.6-percent reduction in quota of would
have a substantially negative impact on overall ex-vessel revenues
equaling a $215,363-decrease per allocation. Adoption of the 4.4-
percent decrease in quota would represent a $20,781-reduction per
allocation. However, given the current biological status of the
surfclam resource, the Council does not believe that a quota reduction
is warranted at this time. In summation, the Council determined that
the 45.6-percent reduction would significantly negatively impact
revenues and a smaller 4.4-percent reduction is not warranted as the
stock is not overfished and overfishing is not occurring. The preferred
alternative is the 2004 status quo, thus it will have no impact on
revenues.
The Council analyzed four ocean quahog quota alternatives in
addition to the ``no-action'' alternative. The preferred alternative of
a 20-percent increase over 3 years, an alternative with a 20-percent
(1.0 m bu (0.53 m hL)) decrease, an alternative with the 2004 status
quo of 5.0 m bushels (2.66 m hL), and an alternative with a 20-percent
(1.0 m bu (0.53 m hL)) increase in 1 year were analyzed. The minimum
allowable quota specified in the current OY range is 4.0 m bu (2.13 m
hL) of ocean quahogs. Adoption of a 4.0 m bu (2.13 m hL) quota would
represent a 20-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.
Given the current biological status of the quahog resource, the Council
concluded that a quota reduction is not warranted. Adoption of the 2004
status quo quota will have no impact on revenues for small entities. A
20-percent increase in quota in the first year would move directly to
the maximum quota allowed in the FMP and, if fully utilized, would
equate to a $102,180-increase per allocation. However, the Council was
concerned that the industry does not currently have a market available
to absorb a large increase in landings that quickly. Additionally, due
to uncertainty in the recent stock assessment, the Council recommended
a gradual increase, with annual reviews to confirm its appropriateness.
Although two alternatives would allow for increased revenues, the
Council recommended a gradual 20-percent increase over 3 years, rather
than the 20-percent increase in the first year.
The quota for Maine mahogany ocean quahogs is specified at the
maximum allowable 100,000 Maine bu (35,240 hL). The FMP specifies that
adjustments to the quota above 100,000 Maine bu (35,240 hL) 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
ocean quahog fishery, in addition to the preferred alternative of
100,000 Maine bushels (35,240 hL), including 50,000 Maine bu and 92,500
Maine bu (17,620 and 32,596 hL). Any quota below the 1999 landing level
of 93,938 Maine bu (33,104 hL) would have resulted in a decrease in
revenues to individual vessels.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforceement 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
[[Page 2026]]
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 https://www.nero.noaa.gov. Copies of the
guide can also be obtained from the Regional Administrator (see
ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeing requirements.
Dated: January 6, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.70, paragraph (a)(1) is revised to read as follows:
Sec. 648.70 Annual individual allocations.
(a) * * *
(1) Each fishing year, the Regional Administrator shall determine
the initial allocation of surfclams and ocean quahogs for the next
fishing year for each allocation holder owning an allocation pursuant
to paragraph (a)(2) of this section. For each species, the initial
allocation for the next fishing year is calculated by multiplying the
allocation percentage owned by each allocation owner as of the last day
of the previous fishing year in which allocation owners are permitted
to permanently transfer allocation percentage pursuant to paragraph (b)
of this section (i.e., October 15 of every year), by the quota
specified by the Regional Administrator pursuant to Sec. 648.71. The
total number of bushels of allocation shall be divided by 32 to
determine the appropriate number of cage tags to be issued or acquired
under Sec. 648.75. Amounts of allocation 0.5 or smaller created by
this division shall be rounded downward to the nearest whole number,
and amounts of allocation greater than 0.5 created by this division
shall be rounded upward to the nearest whole number, so that
allocations are specified in whole cages. These allocations shall be
made in the form of an allocation permit specifying the allocation
percentage and the allocation in bushels and cage tags for each
species. An allocation permit is only valid for the entity for which it
is issued. Such permits shall be issued on or before December 15, to
allow allocation owners to purchase cage tags from a vendor specified
by the Regional Administrator pursuant to Sec. 648.75(b).
* * * * *
0
3. In Sec. 648.71, paragraphs (a) introductory text and (a)(2) are
revised as follows:
Sec. 648.71 Catch quotas.
(a) Establishing quotas. Beginning in 2005, the amount of surfclams
or ocean quahogs that may be caught annually by fishing vessels subject
to these regulations will be specified for a 3-year period by the
Regional Administrator. The initial 3-year specification will be based
on the most recent available survey and stock assessments for Atlantic
surfclams and ocean quahogs. Subsequent 3-year specifications of the
annual quotas will be accomplished in the third year of the quota
period, unless the quotas are modified in the interim pursuant to Sec.
648.71(b). The amount of surfclams available for harvest annually must
be specified within the range of 1.85 to 3.4 m bu (98.5 to 181 m L) per
year. The amount of ocean quahogs available for harvest annually must
be specified within the range of 4 to 6 m bu (213 to 319.4 m L).
* * * * *
(2) Public review. Based on the recommendation of the MAFMC, the
Regional Administrator shall publish proposed surfclam and ocean quahog
quotas in the Federal Register. Comments on the proposed annual quotas
may be submitted to the Regional Administrator within 30 days after
publication. The Assistant Administrator shall consider all comments,
determine the appropriate annual quotas, and publish the annual quotas
in the Federal Register each year. The quota shall be set at that
amount that is most consistent with the objectives of the Atlantic
Surfclam and Ocean Quahog FMP. The Regional Administrator may set
quotas at quantities different from the MAFMC's recommendations only if
he/she can demonstrate that the MAFMC's recommendations violate the
national standards of the Magnuson-Stevens Act and the objectives of
the Atlantic Surfclam and Ocean Quahog FMP and other applicable law.
0
4. In Sec. 648.73, paragraph (a)(1) is revised as follows:
Sec. 648.73 Closed areas.
(a) * * *
(1) Boston Foul Ground. The waste disposal site known as the
``Boston Foul Ground'' and located at 42[deg]25'36'' N. lat.,
70[deg]35'00'' W. long., with a radius of 1 nautical mile in every
direction from that point.
* * * * *
[FR Doc. 05-626 Filed 1-11-05; 8:45 am]
BILLING CODE 3510-22-S
