Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; Proposed 2014-2016 Fishing Quotas, 66887-66889 [2013-26773]
Download as PDF
<![CDATA[
tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 216 / Thursday, November 7, 2013 / Proposed Rules
information sources. We describe these
components below and include
questions for public consideration and
comment.
Population thresholds. The Federal
Subsistence Board currently uses
several guidelines to determine whether
a specific area of Alaska is rural. One
guideline sets population thresholds. A
community or area with a population
below 2,500 will be considered rural. A
community or area with a population
between 2,500 and 7,000 will be
considered rural or nonrural, based on
community characteristics and criteria
used to group communities together.
Communities with populations more
than 7,000 will be considered nonrural,
unless such communities possess
significant characteristics of a rural
nature. In 2008, the Board
recommended to the Secretaries that the
upper population threshold be changed
to 11,000. The Secretaries have taken no
action on this recommendation.
(1) Are these population threshold
guidelines useful for determining
whether a specific area of Alaska is
rural?
(2) If they are not, please provide
population size(s) to distinguish
between rural and nonrural areas, and
the reasons for the population size you
believe more accurately reflects rural
and nonrural areas in Alaska.
Rural characteristics. The Board
recognizes that population alone is not
the only indicator of rural or nonrural
status. Other characteristics the Board
considers include, but are not limited
to, the following: Use of fish and
wildlife; development and diversity of
the economy; community infrastructure;
transportation; and educational
institutions.
(3) Are these characteristics useful for
determining whether a specific area of
Alaska is rural?
(4) If they are not, please provide a list
of characteristics that better define or
enhance rural and nonrural status.
Aggregation of communities. The
Board recognizes that communities and
areas of Alaska are connected in diverse
ways. Communities that are
economically, socially, and communally
integrated are considered in the
aggregate in determining rural and
nonrural status. The aggregation criteria
are as follows: Do 30 percent or more of
the working people commute from one
community to another; do they share a
common high school attendance area;
and are the communities in proximity
and road-accessible to one another?
(5) Are these aggregation criteria
useful in determining rural and
nonrural status?
VerDate Mar<15>2010
16:14 Nov 06, 2013
Jkt 232001
(6) If they are not, please provide a list
of criteria that better specify how
communities may be integrated
economically, socially, and communally
for the purposes of determining rural
and nonrural status.
Timelines. The Board reviews rural
determinations on a 10-year cycle, and
out of cycle in special circumstances.
(7) Should the Board review rural
determinations on a 10-year cycle? If so,
why; if not, why not?
Information sources. Current
regulations state that population data
from the most recent census conducted
by the U.S. Census Bureau, as updated
by the Alaska Department of Labor,
shall be utilized in the rural
determination process. The information
collected and the reports generated
during the decennial census vary
between each census; as such, data used
during the Board’s rural determination
may vary.
(8) These information sources as
stated in regulations will continue to be
the foundation of data used for rural
determinations. Do you have any
additional sources you think would be
beneficial to use?
(9) In addition to the preceding
questions, do you have any additional
comments on how to make the rural
determination process more effective?
This notice announces to the public,
including rural Alaska residents,
Federally recognized Tribes of Alaska,
and Alaska Native corporations, the
request for comments on the Federal
Subsistence Program’s rural
determination process. These comments
will be used by the Board to assist in
making decisions regarding the scope
and nature of possible changes to
improve the rural determination
process, which may include, where the
Board has authority, proposed
regulatory action(s) or, in areas where
the Secretaries maintain purview,
recommended courses of action.
Dated: October 23, 2013.
Gene Peltola,
Assistant Regional Director, U.S. Fish and
Wildlife Service, Acting Chair, Federal
Subsistence Board.
Steve Kessler,
Subsistence Program Leader, USDA–Forest
Service.
[FR Doc. 2013–26680 Filed 11–5–13; 4:15 pm]
BILLING CODE 3410–11–P; 4310–55–P
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
66887
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 130904778–3778–01]
RIN 0648–XC855
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Atlantic
Surfclam and Ocean Quahog Fishery;
Proposed 2014–2016 Fishing Quotas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes commercial
quotas for the Atlantic surfclam and
ocean quahog fisheries for 2014, 2015,
and 2016. The proposed quotas are
unchanged from the quotas for the 2011,
2012, and 2013 fishing years. This
action sets allowable harvest levels of
Atlantic surfclams and ocean quahogs,
prevent overfishing, and allow
harvesting of optimum yield. This
action would also continue to suspend
the minimum shell size for Atlantic
surfclams for the 2014 fishing year. It is
expected that the industry and dealers
will benefit from the proposed status
quo quotas, as they will be able to
maintain a consistent market.
DATES: Comments must be received by
November 22, 2013.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2013–0139,
by any of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130139, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Fax: (978) 281–9177, Attn: Jason
Berthiaume.
• Mail: John K. Bullard, Regional
Administrator, NMFS, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope: ‘‘Comments on
the 2014–2016 Surfclam/Ocean Quahog
Specifications.’’
Instructions: All comments received
are part of the public record and will
generally be posted to
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
SUMMARY:
E:\FR\FM\07NOP1.SGM
07NOP1
66888
Federal Register / Vol. 78, No. 216 / Thursday, November 7, 2013 / Proposed Rules
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
A copy of the Environmental
Assessment prepared for this action is
available upon request from the MidAtlantic Fishery Management (Council),
800 North State Street, Suite 201, Dover,
DE 09901.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted via
Microsoft Word, Microsoft Excel,
WordPerfect, or Adobe PDF file formats
only.
FOR FURTHER INFORMATION CONTACT:
Jason Berthiaume, Fishery Management
Specialist, 978–281–9177.
SUPPLEMENTARY INFORMATION: The
Atlantic Surfclam and Ocean Quahog
Fishery Management Plan (FMP)
requires that NMFS, in consultation
with the Mid-Atlantic Council
(Council), specify quotas for surfclam
and ocean quahog 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, 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 Maine
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
100,000 Maine bu (0.6 to 3.524 million
L). 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 annual quota
review 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 definitions
for each species. In recommending these
quotas, the Council considered the most
recent stock assessments and other
relevant scientific information.
In June 2013, the Council voted to
recommend maintaining the 2013 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 (3.524 million L) for the
Maine ocean quahog fishery for 2014–
2016. The proposed quotas for the
2014–2016 Atlantic surfclam and ocean
quahog fishery are shown in the table
below.
PROPOSED 2014–2016 ATLANTIC SURFCLAM AND OCEAN QUAHOG QUOTAS
Year
ABC
ACL
ACT
Commercial Quota
Maine ACT: 105,010 Maine
bu (3.7 million L).
Non-Maine ACT: 5.56 million
bu (298 million L).
Maine Quota: 100,000 Maine
bu (3.524 million L).
Non-Maine Quota: 5.3 million
bu (284 million L).
Ocean Quahog
2014–2016 ...
5.7 million bu (306 million L) ..
5.7 million bu (306 million L) ..
Atlantic Surfclam
Year
Allowable biological catch
(ABC)
Annual catch limit (ACL)
Annual catch target (ACT)
Commercial quota
2014 .............
2015 .............
2016 .............
7.8 million bu (415 million L) ..
6.7 million bu (202 million L) ..
6.2 million bu (188 million L) ..
7.8 million bu (415 million L) ..
6.7 million bu (202 million L) ..
6.2 million bu (188 million L) ..
3.8 million bu (202 million L) ..
3.8 million bu (202 million L) ..
3.8 million bu (115 million L) ..
3.4 million bu (181 million L).
3.4 million bu (181 million L).
3.4 million bu (115 million L).
tkelley on DSK3SPTVN1PROD with PROPOSALS
The Atlantic surfclam and ocean
quahog quotas are specified in
‘‘industry’’ bushels of 53.24 L per
bushel, while the Maine ocean quahog
quota is specified in Maine bushels of
35.24 L per bushel. 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.
reviewing the results of the Northeast
Regional Stock Assessment Workshop
(SAW) 56 for Atlantic surfclam, released
to the public in 2013. The surfclam
quota recommendation is consistent
with the SAW 56 finding that the
Atlantic surfclam stock is not
overfished, nor is overfishing occurring.
Based on this information, the Council
is recommending, and NMFS is
proposing, to maintain the status quo
surfclam quota of 3.4 million bu (181
million L) for 2014–2016. This quota
represents the maximum allowable
quota under the FMP.
Surfclams
Ocean Quahogs
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
proposed 2014–2016 status quo
surfclam quota was developed after
The proposed 2014–2016 quota for
ocean quahogs also reflects the status
quo quota of 5.333 million bu (284
million L) in 2010. In April 2013, the
ocean quahog stock assessment was
updated and found that the ocean
VerDate Mar<15>2010
16:14 Nov 06, 2013
Jkt 232001
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
quahog stock is not overfished, nor is
overfishing occurring. Ocean quahog is
a low productivity stock that is being
fished down from its pre-fishery level;
however, after several decades of
relatively low fishing mortality, the
stock is still above the biomass target
reference points. Based on this
information, the Council is
recommending, and NMFS is proposing,
to maintain the status quo quota of
5.333 million bu (284 million L) for
2014–2016.
The proposed 2014–2016 quota for
Maine ocean quahogs is the status quo
level of 100,000 Maine bu (3.524 million
L). In 2008, the State of Maine
completed a stock assessment of the
resource within the Maine Mahogany
Quahog Zone. The findings of the Maine
quahog survey did not change the status
of the entire ocean quahog resource. The
proposed quota represents the
E:\FR\FM\07NOP1.SGM
07NOP1
Federal Register / Vol. 78, No. 216 / Thursday, November 7, 2013 / Proposed Rules
maximum allowable quota under the
FMP.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator for Fisheries, NOAA, has
determined that this proposed rule is
consistent with the Atlantic Surfclam
and Ocean Quahog FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law, subject to
further consideration after public
comment.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Reporting and Recordkeeping
Requirements
This action does not introduce any
new reporting, recordkeeping, or other
compliance requirements. This
proposed rule does not duplicate,
overlap, or conflict with other Federal
rules.
This proposed rule is exempt from the
requirements of E.O. 12866.
The Council prepared a draft EA for
this action that analyzes the impacts of
this proposed rule. A copy of the draft
EA is available from the Federal eRulemaking portal www.regulations.gov.
Type ‘‘NOAA–NMFS–2013–0139’’ in
the Enter Keyword or ID field and click
search. A copy of the EA is also
available upon request from the Council
(see ADDRESSES).
The Council prepared an initial
regulatory flexibility analysis (IRFA), as
required by section 603 of the
Regulatory Flexibility Act (RFA), which
is included in the EA for this action and
supplemented by information contained
in the preamble of this proposed rule.
The IRFA describes the economic
impact this proposed rule, if adopted,
would have on small entities. A
description of the action, why it is being
considered, and the legal basis for this
action are contained at the beginning of
this section of the preamble and in the
SUMMARY of the proposed rule. A
summary of the IRFA follows. A copy of
this analysis is available from the
Council (see ADDRESSES).
On June 20, 2013, the Small Business
Administration (SBA) issued a final rule
revising the small business size
standards for several industries effective
July 22, 2013 (78 FR 37398). The rule
increased the size standard for finfish
fishing from $4.0 to $19.0 million,
shellfish fishing from $4.0 to $5.0
VerDate Mar<15>2010
16:14 Nov 06, 2013
Jkt 232001
million, and other marine fishing from
$4.0 to $7.0 million.
All of the entities (fishing vessels)
affected by this action are considered
small entities under the SBA size
standards for small shellfish fishing
businesses ($5.0 million in annual gross
sales). Therefore, there are no
disproportionate effects on small versus
large entities. Information on costs in
the fishery is not readily available and
individual vessel profitability cannot be
determined directly; therefore, expected
changes in gross revenues were used as
a proxy for profitability.
Description and Estimate of the Number
of Small Entities to Which This
Proposed Rule Would Apply
The proposed measures would only
affect vessels holding an active Federal
open access surfclam and/or ocean
quahog permit. The SBA defines a small
commercial shellfish fishing entity as a
firm with gross annual receipts not
exceeding $5 million. In 2012, a total of
42 vessels reported harvesting surfclams
and/or ocean quahogs from Federal
waters under the Individual Fishing
Quota system. In addition, 12 vessels
participated in the limited access Maine
ocean quahog fishery, for a total of 54
participants in 2012. Average 2012 gross
income was $950,000 per vessel. Each
vessel in this analysis is treated as a
single entity for purposes of size
determination and impact assessment.
All 54 commercial fishing entities fall
below the SBA size threshold for small
commercial shellfish fishing entities.
Economic Impacts of This Proposed
Action Compared to Significant NonSelected Alternatives
1. Specifications
The proposed quotas for 2014–2016
reflect the same quota levels set for
2011–2013. Therefore, it is not expected
that there will be any different
economic impacts beyond status quo
resulting from the proposed 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. The surfclam quota is
proposed to be set to the maximum
allowed under the FMP of 3.4 million
bu (181 million L).
The Maine ocean quahog quota is
proposed to be set at the maximum
allowed under the FMP of 100,000
Maine bu (3.524 million L). It is
PO 00000
Frm 00032
Fmt 4702
Sfmt 9990
66889
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.
The non-selected alternatives for both
the surfclam and ocean quahog would
both result in more restrictive quotas.
Therefore, the more restrictive nonselected alternatives would have a
negative economic impact on the fishery
when compared to the proposed action
of status quo quotas.
2. Minimum Size Suspension for
Atlantic Surfclams
In regard to the suspension of the
minimum size limit for Atlantic
surfclams, the minimum size limit has
been suspended since 2005. Therefore,
because this action would not impose a
minimum size limit, and because no net
change in fishing effort, participation in
the fishery, or fishery expenses are
expected, it is anticipated that this
action would not impose any additional
costs on the industry. In fact, continuing
to suspend the minimum size limit
would likely have positive economic
affects in contrast to not suspending the
minimum size limit.
The non-selected alternative would
result in the minimum size limit for
surfclams not being suspended. As a
result, the non-selected selected
alternative would require fishery
participants to adhere to the surfclam
minimum size limit. Measuring
surfclams would result in additional
burden which would likely reduce
operational efficiency. Therefore, the
non-selected alternative of not
suspending the minimum size limit
would have negative economic impacts
and would reduce vessel efficiency
when compared to the proposed
alternative of suspending the minimum
size limit.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 1, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2013–26773 Filed 11–6–13; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\07NOP1.SGM
07NOP1
]]>Agencies
[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Proposed Rules]
[Pages 66887-66889]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26773]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 130904778-3778-01]
RIN 0648-XC855
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic
Surfclam and Ocean Quahog Fishery; Proposed 2014-2016 Fishing Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes commercial quotas for the Atlantic surfclam and
ocean quahog fisheries for 2014, 2015, and 2016. The proposed quotas
are unchanged from the quotas for the 2011, 2012, and 2013 fishing
years. This action sets allowable harvest levels of Atlantic surfclams
and ocean quahogs, prevent overfishing, and allow harvesting of optimum
yield. This action would also continue to suspend the minimum shell
size for Atlantic surfclams for the 2014 fishing year. It is expected
that the industry and dealers will benefit from the proposed status quo
quotas, as they will be able to maintain a consistent market.
DATES: Comments must be received by November 22, 2013.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2013-0139,
by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0139, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Fax: (978) 281-9177, Attn: Jason Berthiaume.
Mail: John K. Bullard, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope: ``Comments on the 2014-2016
Surfclam/Ocean Quahog Specifications.''
Instructions: All comments received are part of the public record
and will generally be posted to www.regulations.gov without change. All
Personal Identifying Information (for example, name, address, etc.)
[[Page 66888]]
voluntarily submitted by the commenter may be publicly accessible. Do
not submit confidential business information or otherwise sensitive or
protected information.
A copy of the Environmental Assessment prepared for this action is
available upon request from the Mid-Atlantic Fishery Management
(Council), 800 North State Street, Suite 201, Dover, DE 09901.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted via Microsoft Word, Microsoft Excel,
WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management
Specialist, 978-281-9177.
SUPPLEMENTARY INFORMATION: The Atlantic Surfclam and Ocean Quahog
Fishery Management Plan (FMP) requires that NMFS, in consultation with
the Mid-Atlantic Council (Council), specify quotas for surfclam and
ocean quahog 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, 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 Maine 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 100,000 Maine bu (0.6 to 3.524 million L).
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
annual quota review 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 definitions for each
species. In recommending these quotas, the Council considered the most
recent stock assessments and other relevant scientific information.
In June 2013, the Council voted to recommend maintaining the 2013
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 (3.524 million L) for the Maine ocean
quahog fishery for 2014-2016. The proposed quotas for the 2014-2016
Atlantic surfclam and ocean quahog fishery are shown in the table
below.
Proposed 2014-2016 Atlantic Surfclam and Ocean Quahog Quotas
----------------------------------------------------------------------------------------------------------------
Year ABC ACL ACT Commercial Quota
----------------------------------------------------------------------------------------------------------------
Ocean Quahog
----------------------------------------------------------------------------------------------------------------
2014-2016............. 5.7 million bu (306 5.7 million bu (306 Maine ACT: 105,010 Maine Quota: 100,000
million L). million L). Maine bu (3.7 Maine bu (3.524
million L). million L).
Non-Maine ACT: 5.56 Non-Maine Quota: 5.3
million bu (298 million bu (284
million L). million L).
----------------------------------------------------------------------------------------------------------------
Atlantic Surfclam
----------------------------------------------------------------------------------------------------------------
Year Allowable biological Annual catch limit Annual catch target Commercial quota
catch (ABC) (ACL) (ACT)
----------------------------------------------------------------------------------------------------------------
2014.................. 7.8 million bu (415 7.8 million bu (415 3.8 million bu (202 3.4 million bu (181
million L). million L). million L). million L).
2015.................. 6.7 million bu (202 6.7 million bu (202 3.8 million bu (202 3.4 million bu (181
million L). million L). million L). million L).
2016.................. 6.2 million bu (188 6.2 million bu (188 3.8 million bu (115 3.4 million bu (115
million L). million L). million L). million L).
----------------------------------------------------------------------------------------------------------------
The Atlantic surfclam and ocean quahog quotas are specified in
``industry'' bushels of 53.24 L per bushel, while the Maine ocean
quahog quota is specified in Maine bushels of 35.24 L per bushel.
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.
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 proposed 2014-2016 status quo surfclam quota was
developed after reviewing the results of the Northeast Regional Stock
Assessment Workshop (SAW) 56 for Atlantic surfclam, released to the
public in 2013. The surfclam quota recommendation is consistent with
the SAW 56 finding that the Atlantic surfclam stock is not overfished,
nor is overfishing occurring. Based on this information, the Council is
recommending, and NMFS is proposing, to maintain the status quo
surfclam quota of 3.4 million bu (181 million L) for 2014-2016. This
quota represents the maximum allowable quota under the FMP.
Ocean Quahogs
The proposed 2014-2016 quota for ocean quahogs also reflects the
status quo quota of 5.333 million bu (284 million L) in 2010. In April
2013, the ocean quahog stock assessment was updated and found that the
ocean quahog stock is not overfished, nor is overfishing occurring.
Ocean quahog is a low productivity stock that is being fished down from
its pre-fishery level; however, after several decades of relatively low
fishing mortality, the stock is still above the biomass target
reference points. Based on this information, the Council is
recommending, and NMFS is proposing, to maintain the status quo quota
of 5.333 million bu (284 million L) for 2014-2016.
The proposed 2014-2016 quota for Maine ocean quahogs is the status
quo level of 100,000 Maine bu (3.524 million L). In 2008, the State of
Maine completed a stock assessment of the resource within the Maine
Mahogany Quahog Zone. The findings of the Maine quahog survey did not
change the status of the entire ocean quahog resource. The proposed
quota represents the
[[Page 66889]]
maximum allowable quota under the FMP.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries, NOAA, has determined that this
proposed rule is consistent with the Atlantic Surfclam and Ocean Quahog
FMP, other provisions of the Magnuson-Stevens Act, and other applicable
law, subject to further consideration after public comment.
Reporting and Recordkeeping Requirements
This action does not introduce any new reporting, recordkeeping, or
other compliance requirements. This proposed rule does not duplicate,
overlap, or conflict with other Federal rules.
This proposed rule is exempt from the requirements of E.O. 12866.
The Council prepared a draft EA for this action that analyzes the
impacts of this proposed rule. A copy of the draft EA is available from
the Federal e-Rulemaking portal www.regulations.gov. Type ``NOAA-NMFS-
2013-0139'' in the Enter Keyword or ID field and click search. A copy
of the EA is also available upon request from the Council (see
ADDRESSES).
The Council prepared an initial regulatory flexibility analysis
(IRFA), as required by section 603 of the Regulatory Flexibility Act
(RFA), which is included in the EA for this action and supplemented by
information contained in the preamble of this proposed rule. The IRFA
describes the economic impact this proposed rule, if adopted, would
have on small entities. A description of the action, why it is being
considered, and the legal basis for this action are contained at the
beginning of this section of the preamble and in the SUMMARY of the
proposed rule. A summary of the IRFA follows. A copy of this analysis
is available from the Council (see ADDRESSES).
On June 20, 2013, the Small Business Administration (SBA) issued a
final rule revising the small business size standards for several
industries effective July 22, 2013 (78 FR 37398). The rule increased
the size standard for finfish fishing from $4.0 to $19.0 million,
shellfish fishing from $4.0 to $5.0 million, and other marine fishing
from $4.0 to $7.0 million.
All of the entities (fishing vessels) affected by this action are
considered small entities under the SBA size standards for small
shellfish fishing businesses ($5.0 million in annual gross sales).
Therefore, there are no disproportionate effects on small versus large
entities. Information on costs in the fishery is not readily available
and individual vessel profitability cannot be determined directly;
therefore, expected changes in gross revenues were used as a proxy for
profitability.
Description and Estimate of the Number of Small Entities to Which This
Proposed Rule Would Apply
The proposed measures would only affect vessels holding an active
Federal open access surfclam and/or ocean quahog permit. The SBA
defines a small commercial shellfish fishing entity as a firm with
gross annual receipts not exceeding $5 million. In 2012, a total of 42
vessels reported harvesting surfclams and/or ocean quahogs from Federal
waters under the Individual Fishing Quota system. In addition, 12
vessels participated in the limited access Maine ocean quahog fishery,
for a total of 54 participants in 2012. Average 2012 gross income was
$950,000 per vessel. Each vessel in this analysis is treated as a
single entity for purposes of size determination and impact assessment.
All 54 commercial fishing entities fall below the SBA size threshold
for small commercial shellfish fishing entities.
Economic Impacts of This Proposed Action Compared to Significant Non-
Selected Alternatives
1. Specifications
The proposed quotas for 2014-2016 reflect the same quota levels set
for 2011-2013. Therefore, it is not expected that there will be any
different economic impacts beyond status quo resulting from the
proposed 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. The surfclam quota is proposed to be set to the maximum
allowed under the FMP of 3.4 million bu (181 million L).
The Maine ocean quahog quota is proposed to be set at the maximum
allowed under the FMP of 100,000 Maine bu (3.524 million L). 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.
The non-selected alternatives for both the surfclam and ocean
quahog would both result in more restrictive quotas. Therefore, the
more restrictive non-selected alternatives would have a negative
economic impact on the fishery when compared to the proposed action of
status quo quotas.
2. Minimum Size Suspension for Atlantic Surfclams
In regard to the suspension of the minimum size limit for Atlantic
surfclams, the minimum size limit has been suspended since 2005.
Therefore, because this action would not impose a minimum size limit,
and because no net change in fishing effort, participation in the
fishery, or fishery expenses are expected, it is anticipated that this
action would not impose any additional costs on the industry. In fact,
continuing to suspend the minimum size limit would likely have positive
economic affects in contrast to not suspending the minimum size limit.
The non-selected alternative would result in the minimum size limit
for surfclams not being suspended. As a result, the non-selected
selected alternative would require fishery participants to adhere to
the surfclam minimum size limit. Measuring surfclams would result in
additional burden which would likely reduce operational efficiency.
Therefore, the non-selected alternative of not suspending the minimum
size limit would have negative economic impacts and would reduce vessel
efficiency when compared to the proposed alternative of suspending the
minimum size limit.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 1, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2013-26773 Filed 11-6-13; 8:45 am]
BILLING CODE 3510-22-P
