[Code of Federal Regulations]
[Title 50, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR648.71]

[Page 356-357]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents
 
  Subpart E--Management Measures for the Atlantic Surf Clam and Ocean 
                            Quahog Fisheries
 
Sec. 648.71  Catch quotas.

    (a) Surf clams. The amount of surf clams that may be caught annually 
by fishing vessels subject to these regulations will be specified by the 
Assistant Administrator, on or about December 1 of each year, within the 
range of 1.85 to 3.4 million bu (98.5 to 181 million L).
    (1) Establishing quotas. (i) Prior to the beginning of each year, 
the MAFMC, following an opportunity for public comment, will recommend 
to the Assistant Administrator quotas and estimates of DAH and DAP 
within the ranges specified. In selecting the quota, the MAFMC shall 
consider current stock assessments, catch reports, and other relevant 
information concerning:
    (A) Exploitable and spawning biomass relative to the OY.
    (B) Fishing mortality rates relative to the OY.
    (C) Magnitude of incoming recruitment.
    (D) Projected effort and corresponding catches.
    (E) Geographical distribution of the catch relative to the 
geographical distribution of the resource.
    (F) Status of areas previously closed to surf clam fishing that are 
to be opened during the year and areas likely to be closed to fishing 
during the year.
    (ii) The quota shall be set at that amount that is most consistent 
with the objectives of the Atlantic Surf

[[Page 357]]

Clam and Ocean Quahog FMP. The Assistant Administrator may set quotas at 
quantities different from the MAFMC's recommendations only if he/she can 
demonstrate that the MAFMC's recommendations violate the national 
standards of the Magnuson Act and the objectives of the Atlantic Surf 
Clam and Ocean Quahog FMP.
    (2) Report. Prior to the beginning of each year, the Regional 
Administrator shall prepare a written report, based on the latest 
available stock assessment report prepared by NMFS, data reported by 
harvesters and processors according to these regulations, and other 
relevant data. The report will include consideration of:
    (i) Exploitable biomass and spawning biomass relative to OY.
    (ii) Fishing mortality rates relative to OY.
    (iii) Magnitude of incoming recruitment.
    (iv) Projected effort and corresponding catches.
    (v) Status of areas previously closed to surf clams fishing that are 
to be opened during the year and areas likely to be closed to fishing 
during the year.
    (vi) Geographical distribution of the catch relative to the 
geographical distribution of the resource.
    (3) Public review. Based on the information presented in the report, 
and in consultation with the MAFMC, the Assistant Administrator shall 
propose an annual surf clam quota and an annual ocean quahog quota and 
shall publish them in the Federal Register. Comments on the proposed 
annual quotas may be submitted to the Regional Administrator within 30 
days after publication. The Assistant Administrator shall consider all 
comments, determine the appropriate annual quotas, and publish the 
annual quotas in the Federal Register on or about December 1 of each 
year.
    (b) Ocean quahogs. The amount of ocean quahogs that may be caught by 
fishing vessels subject to these regulations shall be specified annually 
by the Assistant Administrator, on or about December 1, within the range 
of 4 to 6 million bu (213 to 319.4 million L), following the same 
procedures set forth in paragraph (a) of this section for surf clams.