Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; Final 2008-2010 Fishing Quotas for Atlantic Surfclams and Ocean Quahogs, 820-823 [07-6307]
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OMB Approval.
fisheries require NMFS to publish the
final quota specifications for the 2008–
2010 fishing years. The intent of this
action is to implement final
specifications for allowable harvest
levels of Atlantic surfclams and ocean
quahogs from the Exclusive Economic
Zone.
[FR Doc. E7–25647 Filed 1–3–08; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 070717342–7713–02]
RIN 0648–AV42
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Atlantic
Surfclam and Ocean Quahog Fishery;
Final 2008–2010 Fishing Quotas for
Atlantic Surfclams and 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 Atlantic surfclam and
ocean quahog fisheries for 2008, 2009,
and 2010. Regulations governing these
VerDate Aug<31>2005
14:27 Jan 03, 2008
Effective from January 1, 2008 to
December 31, 2010.
ADDRESSES: Copies of supporting
documents, including the
Environmental Assessment, the
Regulatory Impact Review (RIR), and the
Initial Regulatory Flexibility Analysis
(IRFA) are available from Daniel
Furlong, Executive Director, MidAtlantic 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 https://
www.nero.noaa.gov/nero/regs/
com.html.
The Final Regulatory Flexibility
Analysis (FRFA) consists of the IRFA,
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
DATES:
50 CFR Part 648
ebenthall on PROD1PC69 with RULES
OMB
expiration
date
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Administrator, NMFS, Northeast
Regional Office, One Blackburn Drive,
Gloucester, MA 01930–2298.
FOR FURTHER INFORMATION CONTACT:
Timothy A. Cardiasmenos, Fishery
Management Specialist, 978–281–9204.
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 for a 3-year period, with an
annual review, from a range that
represents the optimum yield (OY) for
each fishery. It is the policy of the
Council that the levels selected allow
sustainable fishing to continue at that
level for at least 10 years for surfclams
and 30 years for ocean quahogs. In
addition to this 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 for a small artisanal
fishery for ocean quahogs in the waters
north of 43° 50′ N. lat., with an annual
quota within a range of 17,000 to
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Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Rules and Regulations
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, 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 2007, the Council voted to
recommend maintaining the 2007 quota
levels of 5.333 million bu (284 million
L) for the ocean quahog fishery, 3.400
million bu (181 million L) for the
Atlantic surfclam fishery, and 100,000
Maine bu (35,240 hL) for the Maine
ocean quahog fishery for 2008–2010.
The final quotas for the 2008–2010
Atlantic surfclam and ocean quahog
fishery are shown in the table below.
The Atlantic surfclam and ocean quahog
quotas are specified in standard bu of
53.24 L per bu, while the Maine 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.
2008–2010 ATLANTIC SURFCLAM AND OCEAN QUAHOG1 QUOTAS
2008
bu
Surfclams2
Ocean Quahogs2
Maine Ocean Quahogs3
2009
hL
3.400
5.333
100,000
bu
1.810
2.840
35,240
3.400
5.333
100,000
2010
hL
1.810
2.840
35,240
bu
3.400
5.333
100,000
hL
1.810
2.840
35,240
1 Numerical
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
Surfclams
ebenthall on PROD1PC69 with RULES
In 1999, the Council expressed its
intention to increase the surfclam quota
to OY over a period of 5 years (OY = 3.4
million bu (181 million L)). The 2008–
2010 status quo surfclam quota was
developed after reviewing the results of
the 44th Northeast Regional Stock
Assessment Workshop (SAW 44) for
surfclams, issued in January 2007. The
surfclam quota recommendation is
consistent with the SAW 44 finding that
the Atlantic surfclam stock is not
overfished, nor is overfishing occurring.
Estimated fishable stock biomass in
2005 was above the management target,
and fishing mortality was below the
management threshold. Even though the
total stock biomass is expected to
gradually decline over the next 3 years
due to poor recruitment, the total
proposed quota of 3.4 million bu (181
million L), if fully harvested, would not
exceed the fishing mortality threshold.
Based on this information, the Council
recommended, and NMFS has
approved, maintaining the status quo
surfclam quota of 3.4 million bu (181
million L) for 2008–2010. This quota
represents the maximum allowable
quota under the FMP.
Ocean Quahogs
The final 2008–2010 quota for ocean
quahogs also reflects the status quo
quota of 5.333 million bu (284 million
L) in 2007. SAW 44 found that the
VerDate Aug<31>2005
14:27 Jan 03, 2008
Jkt 214001
ocean quahog stock is not overfished,
nor is overfishing occurring. Estimated
fishable biomass in 2005 was above the
management target, and estimated
fishing mortality was well below the
target level. Fishing mortality is not
expected to reach the target threshold if
the proposed quota is harvested each of
the 3 years. Similar to surfclams, the
ocean quahog biomass is expected to
decline over the next 3 years. There is
some evidence of recruitment, and small
ocean quahogs are found in most
regions; however, growth is so slow that
initial recruitment of year classes to the
fishery is delayed for about 20 years.
Based on this information, the Council
recommended, and NMFS has
approved, maintaining the status quo
quota of 5.333 million bu (284 million
L) for 2008–2010. This quota level is
above current market demand, but
allows for growth of the market if
conditions change.
The 2008–2010 quota for Maine ocean
quahogs is the status quo level of
100,000 Maine bu (35,240 hL). In 2006,
the State of Maine completed a stock
assessment of the resource within the
Maine Mahogany Quahog Zone. This
assessment was peer-reviewed as part of
SAW 44. Although landings per unit of
effort have declined since 2002, they
remain relatively high overall. The
findings of the Maine quahog survey did
not change the status of the entire ocean
quahog resource. The quota represents
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the maximum allowable quota under the
FMP.
Comments and Responses
NMFS received no comments on the
proposed rule (November 15, 2007; 72
FR 64187) during the comment period
that ended on December 17, 2007.
Classification
Pursuant to section 304 (b)(1)(A) of
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
FMP, other provisions of the MagnusonStevens Act, and other applicable law.
This action is authorized by 50 CFR part
648 and 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,
2008, regardless of the publication of
the annual quota, as tags for the 2008
fishing year have already been issued by
the vendor pursuant to § 648.75(b). ITQ
allocations are often transferred either
E:\FR\FM\04JAR1.SGM
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Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Rules and Regulations
permanently or temporarily to meet
changing economic circumstances in the
fishery right from the commencement of
these fisheries. 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. A
delay in the effectiveness of this rule
would be contrary to the rule’s intent to
maintain current quota levels that have
the full support of the fishing industry
and facilitate the transfer of quotas
requested by the industry. Every effort
was made to publish this final rule as
expeditiously as possible. However, the
Council could not provide its quota
specifications until September of 2007.
As a result of that timing, in order for
NMFS to provide a proposed
rulemaking stage with adequate
opportunity for comment, it is necessary
to waive the 30 day delay in
effectiveness, as it would compromise
the start of the fishing year and thereby
undermine the intent of the rule. By
delaying the transfer of quota to a
harvesting vessel, a vessel operator may
choose to fish during periods when they
may otherwise choose not. Given the
increase in foul weather and hazardous
seas during the winter months, a
vessel’s ability to operate safely at sea
could be compromised. 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 2008–2010
surfclam, ocean quahog, and Maine
ocean quahog quotas.
NMFS, pursuant to section 604 of the
Regulatory Flexibility Act (RFA),
prepared this FRFA in support of the
2008–2010 Atlantic surfclam and ocean
quahog specifications. The FRFA
incorporates the economic impacts
summarized in the IRFA and the
corresponding RIR that were prepared
for this action. The IRFA was
summarized 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.
There are no Federal rules that
duplicate, overlap, or conflict with this
final rule. There were no public
comments received regarding the IRFA.
VerDate Aug<31>2005
14:27 Jan 03, 2008
Jkt 214001
This action implements final fishing
quotas for Atlantic surfclams and ocean
quahogs for 2008–2010. The Council
analyzed four quota alternatives for the
Atlantic surfclam fishery, five
alternatives for the ocean quahog
fishery, and four alternatives for the
Maine ocean quahog fishery. Each of the
alternative sets included a preferred
alternative and a ‘‘no action’’
alternative. The three approved quotas
for 2008–2010 are 5.333 million bu (284
million L) for the ocean quahog fishery,
3.400 million bu (181 million L) for the
Atlantic surfclam fishery, and 100,000
Maine bu (35,240 hL) for the Maine
ocean quahog fishery.
Description and Estimate of the Number
of Small Entities to Which This Rule
Will Apply
The Small Business Administration
(SBA) defines a small commercial
fishing entity as a firm with gross
annual receipts not exceeding $4
million. In 2006, 38 vessels reported
harvesting surfclams and/or ocean
quahogs from Federal waters under an
Individual Transferable Quota (ITQ)
system. In addition, 25 vessels
participated in the limited access Maine
ocean quahog fishery, for a total of 63
participants in the 2006 fisheries.
Average 2006 gross income from
surfclam ITQ trips was $1,182,713 per
vessel, and from ocean quahog ITQ trips
was $1,020,409 per vessel. The Maine
ocean quahog fishery reported an
average value of $160,698 per vessel.
Each vessel in this analysis is treated as
a single entity for purposes of size
determination and impact assessment.
All 63 commercial fishing entities fall
under the SBA size standard for small
commercial fishing entities.
In addition to the actual vessels that
participate in the fishery, there are 55
ocean quahog quota allocation owners,
67 surfclam allocation owners, and 51
Federal limited access Maine mahogany
quahog permit holders. An allocation
owner may choose to fish or lease his
or her quota allocation.
A Description of the Reporting,
Recordkeeping, or other Compliance
Requirements of the Final Rule
This rule does not impose any new
reporting, recodkeeping, or other
compliance requirements. Therefore, the
cost of compliance is unchanged.
A Description of the Steps Taken to
Minimize the Significant Economic
Impact of This Final Action on Small
Entities
The final quotas for 2008–2010 reflect
the same quota levels set for 2005–2007.
Therefore, it is not expected that there
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will be any different economic impacts
beyond status quo resulting from the
final quota level. Leaving the ocean
quahog quota at the harvest level of
5.333 million bu (284 million L) is not
expected to constrain the fishery. In
fact, actual ocean quahog landings for
2005 and 2006 did not exceed 60
percent of the available quota. The total
2007 harvest is expected to be similar to
that of recent years (as of September 15,
2007, only 45.4 percent of the quota had
been harvested). In comparison, 41
percent of the quota had been harvested
as of September 15, 2006.
The surfclam quota is to be set to the
maximum allowed under the FMP. In
contrast to the ocean quahog harvest,
the surfclam fishery has harvested over
80 percent of the available quota each
year since 2005. The Maine ocean
quahog quota is to be also set at the
maximum allowed under the FMP. The
Maine ocean quahog quota is often fully
harvested on an annual basis. It is
anticipated that, by maintaining the
status quo quota level for the next 3
years, the fishing industry will benefit
from the stability of product demand
from the seafood processors and being
able to predict future fishery
performance based on past performance
from the last 3 years.
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).
Reporting and Recordkeeping
Requirements
This final rule does not impose any
new reporting, recordkeeping, or other
compliance requirements. Therefore, the
costs of compliance remains unchanged.
Authority: 16 U.S.C. 1801 et seq.
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Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Rules and Regulations
Dated: December 31, 2007
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 07–6307 Filed 12–31–07; 2:01 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 070213033–7033–01]
RIN 0648–XE78
Fisheries of the Exclusive Economic
Zone Off Alaska; Inseason Adjustment
to the 2008 Bering Sea Pollock Total
Allowable Catch Amount
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment; request for comments.
AGENCY:
ebenthall on PROD1PC69 with RULES
SUMMARY: NMFS is adjusting the 2008
total allowable catch amount (TAC) for
the Bering Sea pollock fishery. This
action is necessary because NMFS has
determined this TAC is incorrectly
specified. This action will ensure the
Bering Sea pollock TAC does not exceed
the appropriate amount based on the
best available scientific information for
pollock in the Bering Sea subarea. This
action is consistent with the goals and
objectives of the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP).
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), December 31, 2007,
through 2400 hrs, A.l.t., December 31,
2008, unless otherwise modified or
VerDate Aug<31>2005
14:27 Jan 03, 2008
Jkt 214001
superceded through publication of a
notification in the Federal Register.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., January 15, 2008.
ADDRESSES: You may submit comments,
identified by ‘‘RIN 0648–XE78,’’ by any
one of the following methods:
• Mail to: P.O. Box 21668, Juneau, AK
99802
• Hand delivery to the Federal
Building, 709 West 9th Street, Room
420A, Juneau, Alaska
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov
• FAX to 907–586–7557, Attn: Ellen
Sebastian
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands (BSAI)
according to the FMP prepared by the
North Pacific Fishery Management
Council (Council) under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
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823
The 2008 pollock TAC in the Bering
Sea subarea was set at 1,318,000 metric
tons (mt) by the 2007 and 2008 harvest
specification for groundfish in the BSAI
(72 FR 9451, March 2, 2007).
In December 2007, the Council
recommended a 2008 pollock TAC of
1,000,000 mt for the Bering Sea subarea.
This amount is less than the 1,318,000
mt established by the 2007 and 2008
harvest specification for groundfish in
the BSAI (72 FR 9451, March 2, 2007).
The TAC recommended by the Council
is based on the Stock Assessment and
Fishery Evaluation report (SAFE), dated
November 2007, which NMFS has
determined is the best available
scientific information for this fishery.
Steller sea lions occur in the same
location as the pollock fishery and are
listed as endangered under the
Endangered Species Act (ESA). Pollock
is a principal prey species for Steller sea
lions in the BSAI. The seasonal
apportionment of pollock harvest is
necessary to ensure the groundfish
fisheries are not likely to cause jeopardy
of extinction or adverse modification of
critical habitat for Steller sea lions. The
regulations at § 679.20(a)(5)(i)(A)
specifies how the pollock TAC shall be
apportioned.
In accordance with
§ 679.25(a)(2)(i)(B), the Administrator,
Alaska Region, NMFS (Regional
Administrator), has determined that,
based on the November 2007 SAFE
report for this fishery, the current Bering
Sea pollock TAC is incorrectly
specified. Consequently, the Regional
Administrator is adjusting the 2008
pollock TAC to 1,000,000 mt in the
Bering Sea subarea.
Pursuant to § 679.20(a)(5), Table 3 of
the 2007 and 2008 final harvest
specifications for groundfish in the
BSAI (72 FR 9451, March 2, 2007) is
revised for the 2008 pollock TACs
consistent with this adjustment.
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 73, Number 3 (Friday, January 4, 2008)]
[Rules and Regulations]
[Pages 820-823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-6307]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 070717342-7713-02]
RIN 0648-AV42
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic
Surfclam and Ocean Quahog Fishery; Final 2008-2010 Fishing Quotas for
Atlantic Surfclams and 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 Atlantic surfclam
and ocean quahog fisheries for 2008, 2009, and 2010. Regulations
governing these fisheries require NMFS to publish the final quota
specifications for the 2008-2010 fishing years. The intent of this
action is to implement final specifications for allowable harvest
levels of Atlantic surfclams and ocean quahogs from the Exclusive
Economic Zone.
DATES: Effective from January 1, 2008 to December 31, 2010.
ADDRESSES: Copies of supporting documents, including the Environmental
Assessment, the Regulatory Impact Review (RIR), and the 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 https://
www.nero.noaa.gov/nero/regs/com.html.
The Final Regulatory Flexibility Analysis (FRFA) consists of the
IRFA, 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.
FOR FURTHER INFORMATION CONTACT: Timothy A. Cardiasmenos, Fishery
Management Specialist, 978-281-9204.
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 for a 3-year
period, with an annual review, from a range that represents the optimum
yield (OY) for each fishery. It is the policy of the Council that the
levels selected allow sustainable fishing to continue at that level for
at least 10 years for surfclams and 30 years for ocean quahogs. In
addition to this 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 for a small artisanal fishery for ocean quahogs in the waters
north of 43[deg] 50' N. lat., with an annual quota within a range of
17,000 to
[[Page 821]]
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, 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 2007, the Council voted to recommend maintaining the 2007
quota levels of 5.333 million bu (284 million L) for the ocean quahog
fishery, 3.400 million bu (181 million L) for the Atlantic surfclam
fishery, and 100,000 Maine bu (35,240 hL) for the Maine ocean quahog
fishery for 2008-2010. The final quotas for the 2008-2010 Atlantic
surfclam and ocean quahog fishery are shown in the table below. The
Atlantic surfclam and ocean quahog quotas are specified in standard bu
of 53.24 L per bu, while the Maine 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.
2008-2010 ATLANTIC SURFCLAM AND OCEAN QUAHOG\1\ QUOTAS
------------------------------------------------------------------------
2008 2009 2010
------------------------------------------------------------------------
bu hL bu hL bu hL
------------------------------------------------------------------------
Surfclams\2\ 3.400 1.810 3.400 1.810 3.400 1.810
Ocean Quahogs\2\ 5.333 2.840 5.333 2.840 5.333 2.840
Maine Ocean Quahogs\3\ 100,00 35,24 100,0 35,24 100,0 35,24
0 0 00 0 00 0
------------------------------------------------------------------------
\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
Surfclams
In 1999, the Council expressed its intention to increase the
surfclam quota to OY over a period of 5 years (OY = 3.4 million bu (181
million L)). The 2008-2010 status quo surfclam quota was developed
after reviewing the results of the 44th Northeast Regional Stock
Assessment Workshop (SAW 44) for surfclams, issued in January 2007. The
surfclam quota recommendation is consistent with the SAW 44 finding
that the Atlantic surfclam stock is not overfished, nor is overfishing
occurring. Estimated fishable stock biomass in 2005 was above the
management target, and fishing mortality was below the management
threshold. Even though the total stock biomass is expected to gradually
decline over the next 3 years due to poor recruitment, the total
proposed quota of 3.4 million bu (181 million L), if fully harvested,
would not exceed the fishing mortality threshold. Based on this
information, the Council recommended, and NMFS has approved,
maintaining the status quo surfclam quota of 3.4 million bu (181
million L) for 2008-2010. This quota represents the maximum allowable
quota under the FMP.
Ocean Quahogs
The final 2008-2010 quota for ocean quahogs also reflects the
status quo quota of 5.333 million bu (284 million L) in 2007. SAW 44
found that the ocean quahog stock is not overfished, nor is overfishing
occurring. Estimated fishable biomass in 2005 was above the management
target, and estimated fishing mortality was well below the target
level. Fishing mortality is not expected to reach the target threshold
if the proposed quota is harvested each of the 3 years. Similar to
surfclams, the ocean quahog biomass is expected to decline over the
next 3 years. There is some evidence of recruitment, and small ocean
quahogs are found in most regions; however, growth is so slow that
initial recruitment of year classes to the fishery is delayed for about
20 years. Based on this information, the Council recommended, and NMFS
has approved, maintaining the status quo quota of 5.333 million bu (284
million L) for 2008-2010. This quota level is above current market
demand, but allows for growth of the market if conditions change.
The 2008-2010 quota for Maine ocean quahogs is the status quo level
of 100,000 Maine bu (35,240 hL). In 2006, the State of Maine completed
a stock assessment of the resource within the Maine Mahogany Quahog
Zone. This assessment was peer-reviewed as part of SAW 44. Although
landings per unit of effort have declined since 2002, they remain
relatively high overall. The findings of the Maine quahog survey did
not change the status of the entire ocean quahog resource. The quota
represents the maximum allowable quota under the FMP.
Comments and Responses
NMFS received no comments on the proposed rule (November 15, 2007;
72 FR 64187) during the comment period that ended on December 17, 2007.
Classification
Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this final rule is
consistent with the FMP, other provisions of the Magnuson-Stevens Act,
and other applicable law. This action is authorized by 50 CFR part 648
and 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, 2008, regardless of the publication of the annual
quota, as tags for the 2008 fishing year have already been issued by
the vendor pursuant to Sec. 648.75(b). ITQ allocations are often
transferred either
[[Page 822]]
permanently or temporarily to meet changing economic circumstances in
the fishery right from the commencement of these fisheries. 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.
A delay in the effectiveness of this rule would be contrary to the
rule's intent to maintain current quota levels that have the full
support of the fishing industry and facilitate the transfer of quotas
requested by the industry. Every effort was made to publish this final
rule as expeditiously as possible. However, the Council could not
provide its quota specifications until September of 2007. As a result
of that timing, in order for NMFS to provide a proposed rulemaking
stage with adequate opportunity for comment, it is necessary to waive
the 30 day delay in effectiveness, as it would compromise the start of
the fishing year and thereby undermine the intent of the rule. By
delaying the transfer of quota to a harvesting vessel, a vessel
operator may choose to fish during periods when they may otherwise
choose not. Given the increase in foul weather and hazardous seas
during the winter months, a vessel's ability to operate safely at sea
could be compromised. 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 2008-2010 surfclam, ocean quahog, and Maine ocean
quahog quotas.
NMFS, pursuant to section 604 of the Regulatory Flexibility Act
(RFA), prepared this FRFA in support of the 2008-2010 Atlantic surfclam
and ocean quahog specifications. The FRFA incorporates the economic
impacts summarized in the IRFA and the corresponding RIR that were
prepared for this action. The IRFA was summarized 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.
There are no Federal rules that duplicate, overlap, or conflict
with this final rule. There were no public comments received regarding
the IRFA.
This action implements final fishing quotas for Atlantic surfclams
and ocean quahogs for 2008-2010. The Council analyzed four quota
alternatives for the Atlantic surfclam fishery, five alternatives for
the ocean quahog fishery, and four alternatives for the Maine ocean
quahog fishery. Each of the alternative sets included a preferred
alternative and a ``no action'' alternative. The three approved quotas
for 2008-2010 are 5.333 million bu (284 million L) for the ocean quahog
fishery, 3.400 million bu (181 million L) for the Atlantic surfclam
fishery, and 100,000 Maine bu (35,240 hL) for the Maine ocean quahog
fishery.
Description and Estimate of the Number of Small Entities to Which This
Rule Will Apply
The Small Business Administration (SBA) defines a small commercial
fishing entity as a firm with gross annual receipts not exceeding $4
million. In 2006, 38 vessels reported harvesting surfclams and/or ocean
quahogs from Federal waters under an Individual Transferable Quota
(ITQ) system. In addition, 25 vessels participated in the limited
access Maine ocean quahog fishery, for a total of 63 participants in
the 2006 fisheries. Average 2006 gross income from surfclam ITQ trips
was $1,182,713 per vessel, and from ocean quahog ITQ trips was
$1,020,409 per vessel. The Maine ocean quahog fishery reported an
average value of $160,698 per vessel. Each vessel in this analysis is
treated as a single entity for purposes of size determination and
impact assessment. All 63 commercial fishing entities fall under the
SBA size standard for small commercial fishing entities.
In addition to the actual vessels that participate in the fishery,
there are 55 ocean quahog quota allocation owners, 67 surfclam
allocation owners, and 51 Federal limited access Maine mahogany quahog
permit holders. An allocation owner may choose to fish or lease his or
her quota allocation.
A Description of the Reporting, Recordkeeping, or other Compliance
Requirements of the Final Rule
This rule does not impose any new reporting, recodkeeping, or other
compliance requirements. Therefore, the cost of compliance is
unchanged.
A Description of the Steps Taken to Minimize the Significant Economic
Impact of This Final Action on Small Entities
The final quotas for 2008-2010 reflect the same quota levels set
for 2005-2007. Therefore, it is not expected that there will be any
different economic impacts beyond status quo resulting from the final
quota level. Leaving the ocean quahog quota at the harvest level of
5.333 million bu (284 million L) is not expected to constrain the
fishery. In fact, actual ocean quahog landings for 2005 and 2006 did
not exceed 60 percent of the available quota. The total 2007 harvest is
expected to be similar to that of recent years (as of September 15,
2007, only 45.4 percent of the quota had been harvested). In
comparison, 41 percent of the quota had been harvested as of September
15, 2006.
The surfclam quota is to be set to the maximum allowed under the
FMP. In contrast to the ocean quahog harvest, the surfclam fishery has
harvested over 80 percent of the available quota each year since 2005.
The Maine ocean quahog quota is to be also set at the maximum allowed
under the FMP. The Maine ocean quahog quota is often fully harvested on
an annual basis. It is anticipated that, by maintaining the status quo
quota level for the next 3 years, the fishing industry will benefit
from the stability of product demand from the seafood processors and
being able to predict future fishery performance based on past
performance from the last 3 years.
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).
Reporting and Recordkeeping Requirements
This final rule does not impose any new reporting, recordkeeping,
or other compliance requirements. Therefore, the costs of compliance
remains unchanged.
Authority: 16 U.S.C. 1801 et seq.
[[Page 823]]
Dated: December 31, 2007
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 07-6307 Filed 12-31-07; 2:01 pm]
BILLING CODE 3510-22-S
