[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: 50CFR648.76]

[Page 360]
 
                    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. 648.76  Maine mahogany quahog zone.

    (a) Landing requirements. (1) A vessel issued a valid Maine mahogany 
quahog permit pursuant to Sec. 648.4(a)(4)(i), and fishing for or 
possessing ocean quahogs within the Maine mahogany quahog zone, must 
land its catch in the State of Maine.
    (2) A vessel fishing under an individual allocation permit, 
regardless of whether it has a Maine mahogany quahog permit, fishing for 
or possessing ocean quahogs within the zone, may land its catch in the 
State of Maine, or, consistent with applicable state law in any other 
state that utilizes food safety-based procedures including sampling and 
analyzing for PSP toxin consistent with those food safety-based 
procedures used by the State of Maine for such purpose, and must comply 
with all requirements in Secs. 648.70 and 648.75. Documentation required 
by the state and other laws and regulations applicable to food safety-
based procedures must be made available by federally-permitted dealers 
for inspection by NMFS .
    (b) Quota monitoring and closures--(1) Catch quota. (i) The annual 
quota for harvest of mahogany quahogs from within the Maine mahogany 
quahog zone is 100,000 Maine bushels (35,150 hL). The quota may be 
revised annually within the range of 17,000 and 100,000 Maine bushels 
(5,975 and 35,150 hL) following the procedures set forth in Sec. 648.71.
    (ii) All mahogany quahogs landed for sale in Maine by vessels issued 
a Maine mahogany quahog permit and not fishing for an individual 
allocation of ocean quahogs under Sec. 648.70 shall be applied against 
the Maine mahogany quahog quota, regardless of where the mahogany 
quahogs are harvested.
    (iii) All mahogany quahogs landed by vessels fishing in the Maine 
mahogany quahog zone for an individual allocation of quahogs under 
Sec. 648.70 will be counted against the ocean quahog allocation for 
which the vessel is fishing.
    (iv) The Regional Administrator will monitor the quota based on 
dealer reports and other available information and shall determine the 
date when the quota will be harvested. NMFS shall publish notification 
in the Federal Register advising the public that, effective upon a 
specific date, the Maine mahogany quahog quota has been harvested and 
notifying vessel and dealer permit holders that no Maine mahogany quahog 
quota is available for the remainder of the year.
    (2) Maine Mahogany Quahog Advisory Panel. The Council shall 
establish a Maine Mahogany Quahog Advisory Panel consisting of 
representatives of harvesters, dealers, and the Maine Department of 
Marine Resources. The Advisory Panel shall make recommendations, through 
the Surf Clam and Ocean Quahog Committee of the Council, regarding 
revisions to the annual quota and other management measures.

[63 FR 27485, May 19, 1998]