[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Proposed Rules]
[Pages 65442-65445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26940]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 101013504-0504-02]
RIN 0648-XY27
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Atlantic
Surfclam and Ocean Quahog Fishery; Proposed 2011-2013 Fishing Quotas
for Atlantic Surfclam and Ocean Quahog
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 65443]]
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes quotas for the Atlantic surfclam and ocean
quahog fisheries for 2011, 2012, and 2013. Regulations governing these
fisheries require NMFS to publish the proposed quota specifications for
the 2011-2013 fishing years and seek public comment on such proposed
measures. The intent of this action is to propose allowable harvest
levels of Atlantic surfclams and ocean quahogs from the Exclusive
Economic Zone to prevent overfishing and to allow harvesting of optimum
yield (OY).
DATES: Comments must be received no later than 5 p.m., eastern standard
time, on November 24, 2010.
ADDRESSES: Copies of supporting documents, including the Environmental
Assessment, Regulatory Impact Review (RIR), and Initial Regulatory
Flexibility Analysis (IRFA) are available from Christopher Moore,
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201,
800 N. State St., Dover, DE 19901. A copy of the EA/RIR/IRFA is
accessible via the Internet at http://www.nero.noaa.gov/nero/regs/com.html.
You may submit comments, identified by RIN 0648-XY27, by any one of
the following methods:
Mail: Patricia A. Kurkul, Regional Administrator, Northeast Region,
NMFS, 55 Great Republic Drive, Gloucester, MA 01930. Mark on the
outside of the envelope, ``Comments on 2011-2013 SC/OQ Proposed
Specifications.''
Fax: (978) 281-9135.
Electronic Submissions: Submit all electronic public comments via
the Federal eRulemaking Portal, http://www.regulations.gov.
Instructions: All comments received are a part of the public record
and generally will be posted to http://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: Anna Macan, Fishery Management
Specialist, 978-281-9165.
SUPPLEMENTARY INFORMATION: The fishery management plan (FMP) for
Atlantic surfclams and ocean quahogs requires that NMFS, in
consultation with the Mid-Atlantic Fishery Management Council
(Council), specify quotas for surfclam and ocean quahog for a 3-year
period, with an annual review, from a range that represents the 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 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 (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 recommending these quotas, the Council considered
the most recent 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 2010, the Council voted to recommend maintaining the 2010
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 2011-2013. The proposed quotas for the 2011-2013 Atlantic
surfclam and ocean quahog fishery are shown in the table below. The
Atlantic surfclam and ocean quahog quotas are specified in ``industry''
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.
Proposed 2011-2013 Atlantic Surfclam and Ocean Quahog\1\ Quotas
--------------------------------------------------------------------------------------------------------------------------------------------------------
2011 2012 2013
-----------------------------------------------------------------------------------------------
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\................................. 100,000 35,240 100,000 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.
Surfclams
The proposed 2011-2013 status quo surfclam quota was developed
after reviewing the results of the Northeast Regional Stock Assessment
Workshop (SAW) 49 for Atlantic surfclam, released to the public in
February 2010. The surfclam quota recommendation is consistent with the
SAW 49 finding that the Atlantic surfclam stock is not overfished, nor
is overfishing occurring. Estimated fishable stock biomass in 2008 was
above the management target, and fishing mortality was below the
management threshold. Although recruitment, growth rate, and biomass
have continued to decline in the southern region (NJ and Delmarva),
[[Page 65444]]
relative to historic conditions, these declines are offset by an
increase in biomass and recruitment on Georges Bank and off Long
Island, NY. Based on this information, the Council recommended, and
NMFS is proposing, to maintain the status quo surfclam quota of 3.4
million bu (181 million L) for 2011-2013. This quota represents the
maximum allowable quota under the FMP.
Ocean Quahogs
The proposed 2011-2013 quota for ocean quahogs also reflects the
status quo quota of 5.333 million bu (284 million L) in 2010. SAW 48,
released to the public in August 2009, found that the ocean quahog
stock is not overfished, nor is overfishing occurring. Estimated
fishable biomass in 2008 was above the management target, and estimated
fishing mortality was significantly below the target level. Fishing
mortality is not expected to reach the threshold if the proposed quota
is harvested each of the 3 years. Ocean quahog is an unproductive 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. In fact, the stock biomass
is still at 81 percent of the pre-fishing level. Based on this
information, the Council recommended, and NMFS is proposing, to
maintain the status quo quota of 5.333 million bu (284 million L) for
2011-2013. This quota level may be above current market demand, but
allows for market growth, should conditions change.
The proposed 2011-2013 quota for Maine ocean quahogs is the status
quo level of 100,000 Maine bu (35,240 hL). In 2008, 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 48. The
findings of the Maine quahog survey did not change the status of the
entire ocean quahog resource. The proposed quota represents the maximum
allowable quota under the FMP.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (MSA), the NMFS Assistant Administrator
has determined that this proposed rule is consistent with the FMP,
other provisions of the MSA, and other applicable law, subject to
further consideration after public comment. This action is authorized
by 50 CFR part 648 and has been determined to be not significant for
purposes of Executive Order 12866.
Pursuant to 5 U.S.C. 603, an initial regulatory flexibility
analysis (IRFA) has been prepared, which describes the economic impacts
that this proposed rule, if adopted, would have on small entities. A
summary of the IRFA is included in this section. The complete IRFA and
regulatory impact review is available from the Council (see ADDRESSES).
A description of the reasons why this action is being considered, as
well as the objectives of and legal basis for this proposed rule is
found in the preamble of this proposed rule. There are no Federal rules
that duplicate, overlap, or conflict with this proposed rule.
This action proposes fishing quotas for Atlantic surfclams and
ocean quahogs for 2011-2013. 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 the proposed
alternative and a ``no action'' alternative. The three proposed quotas
for 2011-2013 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
Proposed Rule Would Apply
The Small Business Administration (SBA) defines a small commercial
fishing entity as a firm with gross annual receipts not exceeding $4
million. In 2009, a total of 43 vessels reported harvesting surfclams
and/or ocean quahogs from Federal waters under the Individual Fishing
Quota (IFQ) system. In addition, 19 vessels participated in the limited
access Maine ocean quahog fishery, for a total of 62 participants in
the 2009 fisheries. Average 2009 gross income from surfclam IFQ trips
was $833,333 per vessel, and from ocean quahog IFQ trips was $1,533,333
per vessel. The Maine ocean quahog fishery reported an average value of
$105,263 per vessel. Each vessel in this analysis is treated as a
single entity for purposes of size determination and impact assessment.
All 62 commercial fishing entities fall below the SBA size threshold
for small commercial fishing entities.
In addition to the active vessels that participate in the fishery
there are 45 ocean quahog quota IFQ allocation holders, 57 surfclam
allocation holders, and 40 Federal limited access Maine mahogany quahog
permit holders. An allocation holder may choose to fish or lease his or
her quota allocation.
Economic Impacts of This Proposed Action
The proposed quotas for 2011-2013 reflect the same quota levels set
for 2008-2010. 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. In fact, actual ocean quahog landings for 2008 and 2009
were approximately 65 percent of the available quota. The total 2010
harvest is expected to be similar to recent years (as of September 30,
2010, only 47.6 percent of the quota had been harvested, a level
slightly less than on this date in 2009). The surfclam quota is
proposed 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,
except for 2009, where 69 percent of the quota was landed. As of
September 30, 2010, only 47.7 percent of the quota has been harvested
for FY 2010, a level slightly less than on this date in 2009.
The Maine ocean quahog quota is proposed to be set at the maximum
allowed under the FMP (100,000 Maine bu; 35,240 hL). 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.
Economic Impacts of Alternatives to the Proposed Action
The Council analyzed four 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 the proposed alternative and a ``no action''
alternative. The selection of ``no action'' alternative would result in
no quotas being established, a closure of the fishery, and is contrary
to the FMP. Based on 2009 ex-vessel prices, the result of no Federal
surfclam or ocean quahog harvests in 2011 would be a loss of $30
million to the Federal surfclam fishery, $23 million to the ocean
quahog fishery, and $2 million to the Maine ocean quahog fishery, for a
total loss of $55 million. The viable alternatives to the proposed
quotas for ocean quahog
[[Page 65445]]
that are permissible under the FMP and the Magnuson-Stevens Act include
a 20-percent decrease from the status quo, a 6.2-percent decrease from
the status quo, and a 20-percent increase from the status quo;
therefore, there are no significant alternatives that would reduce
economic impacts on the regulated entities.
The alternatives to the proposed surfclam quotas that are
permissible under the FMP and the Magnuson-Stevens Act include a 45.6-
percent decrease from the status quo and a 4.4-percent decrease from
the status quo; therefore, there are no significant alternatives that
would reduce economic impacts on the regulated entities.
The alternatives to the proposed Maine ocean quahog quota that are
permissible under the FMP and the Magnuson-Stevens Act include a 50-
percent decrease from the status quo and a 10-percent decrease from the
status quo; therefore, there are no significant alternatives that would
reduce economic impacts on the regulated entities.
Reporting and Recordkeeping Requirements
This proposed rule would not impose any new reporting,
recordkeeping, or other compliance requirements. Therefore, the costs
of compliance would remain unchanged.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 20, 2010.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 2010-26940 Filed 10-22-10; 8:45 am]
BILLING CODE 3510-22-P