Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; 2006 and 2007 Fishing Quotas for Ocean Quahogs, 76715-76717 [05-24541]
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rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
purposes as described in this document.
Regulations governing the Atlantic
herring fishery require publication of
this notification to advise vessel and
dealer permit holders that 95 percent of
the Atlantic herring TAC allocated to
Area 1B has been harvested, and no
TAC is available for the directed fishery
for Atlantic herring harvested from Area
1B.
DATES: Effective 0001 hrs local time,
December 24, 2005, through 2400 hrs
local time, December 31, 2005.
FOR FURTHER INFORMATION CONTACT: Don
Frei, Fisheries Management Specialist,
at (978) 281–9221.
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
herring fishery are found at 50 CFR part
648. The regulations require annual
specification of optimum yield,
domestic and foreign fishing, domestic
and joint venture processing, and
management area TACs. The 2005 TAC
allocated to Area 1B for the fishing year
(70 FR 21971, April 28, 2005) is 10,000
mt (22,046,226 lb).
The regulations at 50 CFR 648.202
require the Administrator, Northeast
Region, NMFS (Regional Administrator)
to monitor the Atlantic herring fishery
in each of the four management areas
designated in the Fishery Management
Plan for the Atlantic Herring Fishery
and, based upon dealer reports, state
data, and other available information, to
determine when the harvest of Atlantic
herring is projected to reach 95 percent
of the TAC allocated. When such a
determination is made, NMFS is
required to publish notification in the
Federal Register of this determination.
Effective upon a specific date, NMFS
must notify vessel and dealer permit
holders that vessels are prohibited from
fishing for, catching, possessing,
transferring or landing more than 2,000
lb (907.2 kg) of herring per trip or
calendar day in or from the specified
management area for the remainder of
the closure period. Transiting of Area
1B is allowed under the conditions
specified below.
The Regional Administrator has
determined, based upon dealer reports
and other available information that 95
percent of the total Atlantic herring TAC
allocated to Area 1B for the 2005 fishing
year is projected to be harvested by
December 23, 2005. Therefore, effective
0001 hrs local time, December 23, 2005,
federally permitted vessels may not fish
for, catch, possess, transfer or land more
than 2,000 lb (907.2 kg) of Atlantic
herring in or from Area 1B per trip or
calendar day through December 31,
2005; except a vessel may transit, or
land herring in Area 1B with more than
VerDate Aug<31>2005
16:43 Dec 27, 2005
Jkt 205001
2,000 lb (907.2 kg) of herring on board,
provided such herring were not caught
in Area 1B, and provided all fishing gear
is stowed and not available for
immediate use as required by ’
648.23(b). Effective December 23, 2005,
federally permitted dealers are also
advised that they may not purchase
Atlantic herring from federally
permitted Atlantic herring vessels that
harvest more than 2,000 lb (907.2 kg) of
Atlantic herring from Area 1B through
December 31, 2005, 2400 hrs local time.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 21, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–24520 Filed 12–22–05; 1:23 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 051017270–5339–02; 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;
2006 and 2007 Fishing Quotas for
Ocean Quahogs
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
SUMMARY: NMFS is specifying the final
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 2005–2007 multiyear quota specifications, are reprinted
here for clarity. Regulations governing
these fisheries require NMFS to publish
the revised allowable harvest levels of
ocean quahogs from the Exclusive
Economic Zone for the 2006 and 2007
fishing years.
DATES: Effective from January 27, 2006,
to December 31, 2007.
ADDRESSES: Copies of supporting
documents, including the
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
76715
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
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 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
remain appropriate. The fishing quotas
must be in compliance with overfishing
E:\FR\FM\28DER1.SGM
28DER1
76716
Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
definitions for each species. In
proposing these quotas, the Council
must consider 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.
At its June 2005 Council Meeting, 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 was a change from the ocean
quahog specifications for these fishing
years published in the Federal Register
on January 12, 2005 (70 FR 2023). At
this same meeting, the Council
recommended no change from the
existing specifications for Atlantic
surfclam and Maine ocean quahog for
the 2006 and 2007 fishing years.
The final 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. Under
this action, the 2005 harvest level for
ocean quahogs is maintained for 2006
and 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.
FINAL 2006–2007 OCEAN QUAHOG1 QUOTAS AND RE-STATEMENT OF ATLANTIC SURFCLAM1 AND MAINE
OCEAN QUAHOG QUOTAS
2006
2007
bu
hL
bu
hL
Ocean Quahogs2
5.333
2.840
5.333
2.840
Surfclams2
3.400
1.810
3.400
1.810
100,000
35,240
100,000
35,240
Maine Ocean Quahogs3
1Numerical
21
31
values are in millions except for Maine ocean quahogs
bu = 1.88 cubic ft. = 53.24 liters
bu = 1.2445 cubic ft. = 35.24 liters
rwilkins on PROD1PC63 with RULES
Ocean Quahogs
The final 2006–2007 quotas for ocean
quahogs reflect a decrease from the
2006–2007 specifications published in
the Federal Register on January 12,
2005 (70 FR 2023). Those specifications
required 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 previously 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
overfishing is not occurring. When there
are market surpluses, a quota allocation
owner could simply choose not to fish
the 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 MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
VerDate Aug<31>2005
16:43 Dec 27, 2005
Jkt 205001
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.
Comments and Responses
NOAA Fisheries Service received one
comment on the proposed rule
(November 1, 2005; 70 FR 65874) during
the comment period. The comments
submitted, however, were not relevant
to the proposed rule, but rather spoke to
concerns about the regional fishery
management council process and
commercial fishing in general, and are
thus not responded to in this final rule.
Classification
This action is exempt from review
under Executive Order 12866.
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
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
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
(FRFA)
NMFS, pursuant to section 604 of the
Regulatory Flexibility Act (RFA),
prepared this FRFA in support of the
2006–2007 ocean quahog quota
specifications. The FRFA incorporates
the economic impacts summarized in
the IRFA and the corresponding RIR
which were prepared for this action.
The IRFA was published in the
proposed rule and is not repeated here.
Copies of the IRFA, FRFA, and RIR
prepared for these quota specifications
are available from the Northeast
Regional Office (see ADDRESSES). A
description of why this action was
taken, the objectives of, and the legal
basis for this rule, are contained in the
preamble to this final rule and are not
repeated here.
Summary of Issues Raised by the Public
Comments in Response to the IRFA
No significant issues related to the
IRFA or the economic effects of the
proposed rule were raised in the public
comments.
E:\FR\FM\28DER1.SGM
28DER1
Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Rules and Regulations
Description and Estimate of Number of
Small Entities to Which this Rule Will
Apply
This action applies to commercial
fishing vessels holding ocean quahog
quota shares. 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 the 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 thus fall under
the SBA size standard for small
commercial fishing entities.
Additionally, there were 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.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
This rule does not impose any new
reporting, recordkeeping, or other
compliance requirements. Therefore, the
cost of compliance would be
unchanged.
rwilkins on PROD1PC63 with RULES
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
VerDate Aug<31>2005
16:43 Dec 27, 2005
Jkt 205001
Act. This final rule establishes harvest
levels for ocean quahogs at the most
economically viable quota level.
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 bu
(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
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Frm 00047
Fmt 4700
Sfmt 4700
76717
other entities with access to a steady
market. While an increase is not
warranted at this time, the Council
chose to keep some flexibility in the
quota so the industry would be able to
react to an increase in product demand.
Given this information, the Council and
NMFS have chosen to maintain the 2005
ocean quahog quota level of 5.333
million bu (284 million L) for 2006 and
2007.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the action a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a small entity
compliance guide was prepared. Copies
of the guide will be sent to all holders
of commercial Federal Atlantic
surfclam, ocean quahog, and the limited
access Maine ocean quahog fishery
permits. The guide will also be available
on the internet at https://
www.nero.noaa.gov. Copies of the guide
can also be obtained from the Regional
Administrator (see ADDRESSES).
Authority: 16 U.S.C. 1801 et seq.
Dated: December 21, 2005.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 05–24541 Filed 12–27–05; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\28DER1.SGM
28DER1
]]>Agencies
[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Rules and Regulations]
[Pages 76715-76717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24541]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 051017270-5339-02; 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; 2006 and 2007 Fishing Quotas for
Ocean Quahogs
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is specifying the final quotas for the ocean quahog
fishery for 2006 and 2007. Specifications for the Atlantic surfclam and
Maine ocean quahog fishery, which remain unchanged from the 2005-2007
multi-year quota specifications, are reprinted here for clarity.
Regulations governing these fisheries require NMFS to publish the
revised allowable harvest levels of ocean quahogs from the Exclusive
Economic Zone for the 2006 and 2007 fishing years.
DATES: Effective from January 27, 2006, to December 31, 2007.
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 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[deg]50' N. lat. has an annual quota 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 remain appropriate. The fishing quotas must be in
compliance with overfishing
[[Page 76716]]
definitions for each species. In proposing these quotas, the Council
must consider 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.
At its June 2005 Council Meeting, 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 was a change from the
ocean quahog specifications for these fishing years published in the
Federal Register on January 12, 2005 (70 FR 2023). At this same
meeting, the Council recommended no change from the existing
specifications for Atlantic surfclam and Maine ocean quahog for the
2006 and 2007 fishing years.
The final 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. Under this
action, the 2005 harvest level for ocean quahogs is maintained for 2006
and 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.
FINAL 2006-2007 OCEAN QUAHOG\1\ QUOTAS AND RE-STATEMENT OF ATLANTIC
SURFCLAM\1\ AND MAINE OCEAN QUAHOG QUOTAS
------------------------------------------------------------------------
2006 2007
------------------------------------------
bu hL bu hL
------------------------------------------------------------------------
Ocean Quahogs\2\ 5.333 2.840 5.333 2.840
------------------------------------------------------------------------
Surfclams\2\ 3.400 1.810 3.400 1.810
------------------------------------------------------------------------
Maine Ocean Quahogs\3\ 100,000 35,240 100,000 35,240
------------------------------------------------------------------------
\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 final 2006-2007 quotas for ocean quahogs reflect a decrease
from the 2006-2007 specifications published in the Federal Register on
January 12, 2005 (70 FR 2023). Those specifications required 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 previously 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 overfishing is not occurring. When there are market
surpluses, a quota allocation owner could simply choose not to fish the
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.
Comments and Responses
NOAA Fisheries Service received one comment on the proposed rule
(November 1, 2005; 70 FR 65874) during the comment period. The comments
submitted, however, were not relevant to the proposed rule, but rather
spoke to concerns about the regional fishery management council process
and commercial fishing in general, and are thus not responded to in
this final rule.
Classification
This action is exempt from review under Executive Order 12866.
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 (FRFA)
NMFS, pursuant to section 604 of the Regulatory Flexibility Act
(RFA), prepared this FRFA in support of the 2006-2007 ocean quahog
quota specifications. The FRFA incorporates the economic impacts
summarized in the IRFA and the corresponding RIR which were prepared
for this action. The IRFA was published in the proposed rule and is not
repeated here. Copies of the IRFA, FRFA, and RIR prepared for these
quota specifications are available from the Northeast Regional Office
(see ADDRESSES). A description of why this action was taken, the
objectives of, and the legal basis for this rule, are contained in the
preamble to this final rule and are not repeated here.
Summary of Issues Raised by the Public Comments in Response to the IRFA
No significant issues related to the IRFA or the economic effects
of the proposed rule were raised in the public comments.
[[Page 76717]]
Description and Estimate of Number of Small Entities to Which this Rule
Will Apply
This action applies to commercial fishing vessels holding ocean
quahog quota shares. 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 the 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 thus fall under the SBA size standard for small commercial
fishing entities. Additionally, there were 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.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This rule does not impose any new reporting, recordkeeping, or
other compliance requirements. Therefore, the cost of compliance would
be 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 ocean quahogs at the most economically
viable quota level.
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 bu
(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. While an increase is
not warranted at this time, the Council chose to keep some flexibility
in the quota so the industry would be able to react to an increase in
product demand. Given this information, the Council and NMFS have
chosen to maintain the 2005 ocean quahog quota level of 5.333 million
bu (284 million L) for 2006 and 2007.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the action a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide was prepared.
Copies of the guide will be sent to all holders of commercial Federal
Atlantic surfclam, ocean quahog, and the limited access Maine ocean
quahog fishery permits. The guide will also be available on the
internet at https://www.nero.noaa.gov. Copies of the guide can also be
obtained from the Regional Administrator (see ADDRESSES).
Authority: 16 U.S.C. 1801 et seq.
Dated: December 21, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 05-24541 Filed 12-27-05; 8:45 am]
BILLING CODE 3510-22-S
