Fishery conservation and management: Northeastern United States fisheries— Atlantic surf clam and ocean quahog,

[Federal Register: November 13, 1998 (Volume 63, Number 219)]

[Proposed Rules]

[Page 63434-63436]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13no98-32]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 981104276-8276-01; I.D. 100898A]

Fisheries of the Northeastern United States; Proposed 1999 Fishing Quotas for Atlantic Surf Clams and Ocean Quahogs

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed 1999 fishing quotas for Atlantic surf clams, ocean quahogs, and Maine mahogany quahogs; request for comments.

SUMMARY: NMFS issues these proposed quotas for the Atlantic surf clam, ocean quahog, and Maine mahogany quahog fisheries for 1999. These quotas were selected from a range defined as optimum yield (OY) for each fishery. The intent of this action is to propose allowable harvest levels of Atlantic surf clams and ocean quahogs from the exclusive economic zone and propose an allowable harvest level of Maine mahogany quahogs from the waters north of 43 deg.50'N. lat. in 1999.

DATES: Public comments must be received on or before December 17, 1998.

ADDRESSES: Copies of the Mid-Atlantic Fishery Management Council's analysis and recommendations are available from Daniel T. Furlong, Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, 300 South New Street, Dover, DE 19901-6790.

Send comments to: Jon Rittgers, Acting Regional Administrator, Northeast Region, NMFS, 1 Blackburn Drive, Gloucester, MA 01930-2298. Mark on the outside of the envelope, ``Comments--1999 Surf Clam and Quahog Quotas.''

FOR FURTHER INFORMATION CONTACT: David Gouveia, Fishery Management Specialist, 978-281-9280.

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Atlantic Surf Clam and Ocean Quahog Fisheries (FMP) directs the Assistant Administrator for Fisheries, in consultation with the Mid-Atlantic Fishery Management Council (Council), to specify quotas for surf clams and ocean quahogs on an annual basis from a range that represents the OY for each fishery. It is the policy of the Council that the levels selected allow fishing to continue at that level for at least 10 years for surf clams and 30 years for ocean quahogs. While staying within this constraint, the Council policy is to consider economic benefits of the quotas. Regulations implementing Amendment 10 to the FMP published on May 19, 1998 (63 FR 27481), established a small artisanal fishery in the waters north of 43 deg.50' N. lat. for Maine mahogany quahogs and an initial annual quota of 100,000 Maine bushels (35,150 hectoliters (hL)). As specified in Amendment 10, the Maine mahogany quahog quota is in addition to the quota specified for the ocean quahog fishery.

The fishing quotas must be in compliance with overfishing definitions for each species. The overfishing definitions are fishing mortality rates of F‹INF›20‹/INF›‹INF›%!‹/INF›(20 percent of maximum spawning potential (MSP)) for surf clams and F‹INF›25‹/INF›‹INF›% !‹/INF›(25 percent of MSP) for ocean quahogs and Maine mahogany quahogs combined.

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 effort and catches, and areas closed to fishing. This information was presented in a written report prepared by the Council staff. The proposed quotas for the 1999 Atlantic surf clam, ocean quahog, and Maine mahogany quahog fisheries are shown below. The surf clam and Maine mahogany quahog quotas would be unchanged from the 1998 level, and the ocean quahog quota would be increased from the 1998 level by 13 percent.

Proposed 1999 Surf Clam/Ocean Quahog Quotas

1999 final 1999 final Fishery

quotas (bu) quotas (hL)

Surf clam‹SUP›1 ................................... 2,565,000 1,362,000 Ocean quahog‹SUP›1 ................................ 4,500,000 2,387,000 Maine mahogany quahog‹SUP›2 ....................... 100,000 35,150

‹SUP›1 1 bushel = 53.24 liters. ‹SUP›2 1 bushel = 35.4 liters.

Surf Clams

The Council recommends a 1999 quota of 2.565 million bushels (1.362

[[Page 63435]]

million hL) for surf clams, a level unchanged since 1995. This level of quota was estimated as corresponding to the fishing mortality rate that would be required to harvest the annual surplus production for Northern New Jersey. The vast majority of the catch (›80 percent) is currently derived from the Northern New Jersey area, which contains about 36 percent of the coast-wide resource. Since surf clams reach a harvestable size in 6 to 7 years and recruitment is evident, this level of quota will not harm the long-term sustainability of the resource.

As specified in the FMP, the quota level must comply with the surf clam overfishing definition. Based on the surf clam overfishing definition of F‹INF›20%‹/INF›, this translates to F = 0.18 for surf clams. The F in 1997 associated with a quota of 2.565 million bushels (1.362 million hL) was approximately 0.04 for the Northern New Jersey area. The specific F associated with the 1999 quota will be calculated when the next assessment is complete, but should be approximately the estimated F in 1997 for Northern New Jersey. Therefore, the proposed quota is below the approved overfishing threshold definition for fishing mortality.

The proposed quota was the Council's preferred alternative quota for the 1999 surf clam fishery. This preferred alternative was based on the surf clam analysis found in the 26th Northeast Regional Stock Assessment Workshop (SAW 26). SAW 26 utilized recent data from the 1997 survey, which included work to estimate dredge efficiency. Although SAW 26 showed a significant increase in surf clam biomass, the Council chose not to consider a quota increase for 1999 because of three main factors: (1) The vast majority of the catch (›80 percent) is derived from the Northern New Jersey area, and the net productivity of that area appears to be at an equilibrium with the current catches; (2) the 1997 Federal surf clam landings were 6 percent less than the 1997 quota and preliminary data for 1998 also indicates that landings will also be below the 1998 quota level; and (3) although SAW 26 utilized a new dredge efficiency estimate to derive a sharp increase in surf clam biomass, this assessment is the first conducted using the new estimate.

The Council continues to assume that none of the Georges Bank resource (approximately one quarter of the resource) would be available during the next 10 years for harvesting because of paralytic shellfish poisoning. In the recent past, both the Council's Surf Clam and Ocean Quahog Committee and the Industry Advisory Group believed that the reopening of the Georges Bank area was uncertain and too speculative to base quota recommendations upon. There was no discussion about surf clam availability from Georges Bank relative to the 1999 quota recommendation.

Ocean Quahogs

The Council recommends a 1999 quota of 4.5 million bushels (2.387 million hL) for ocean quahogs, an increase of 13 percent from the 1998 quota level. The FMP specifies that the quota level must comply with the ocean quahog overfishing definition. Based on the ocean quahog overfishing definition of F‹INF›25%‹/INF›, this yields F = 0.04. The 1997 quota yielded an F of approximately 0.021. The specific F associated with the 1999 quota will be calculated when the new assessment is complete but should be close to the F in 1997 since a significant proportion of the biomass remains unexploited. Therefore, the proposed quota is below the approved overfishing definition for fishing mortality. The Atlantic surf clam and ocean quahog quotas are specified in standard bushels of 53.24 liters per bushel while the Maine mahogany quahog quota is specified in ``Maine'' bushels of 35.4 liters per bushel. Since Maine mahogany quahogs are the same species as ocean quahogs, both species are combined and share the same ocean quahog overfishing definition. When the two quota amounts are added, the total allowable harvest is lower than the level that would result in overfishing for the entire stock, as previously defined in the ocean quahog overfishing definition.

The Council proposes a 1999 ocean quahog quota based on the analysis found in the 27th Northeast Regional Stock Assessment Workshop (SAW 27). As in SAW 26 with respect to surf clams, SAW 27 also utilized recent data from the 1997 survey, which included work to estimate dredge efficiency, and showed a significant increase in the ocean quahog biomass. Although 30 percent of the resource is located on Georges Bank, SAW 27 did not question whether Georges Bank would ever be reopened. However, SAW 27 showed that using the entire resource, with a harvest level of only 4 million bushels (2.122 million hL), would produce a supply year harvest equivalent to 76 years. That is significantly longer than the period specified in the Council's policy of at least 30 years. The resource is of sufficient size overall that the 30 percent that is on Georges Bank is not necessary to meet the Council's 30-year supply policy.

Although SAW 27 showed that the ocean quahog quota could have been increased by more than 13 percent from the 1998 quota level, the Council chose the half-million bushel increase for 1999 because of four main factors: (1) The resource is at medium-high level of biomass and is considered under-exploited at the scale of the management unit; (2) the 1997 landings were constraining to industry; (3) most industry members supported the 4.5 million figure; and (4) as with surf clams, although SAW 27 utilized a new dredge efficiency estimate to derive a sharp increase in ocean quahog biomass, this assessment represents only one point over time.

The Council also voted to recommend that the Maine mahogany quahog quota remain unchanged from the 1998 quota level at 100,000 Maine bushels (35,140 hL) for 1999. This quota pertains to the zone of both state and Federal waters off the eastern coast of Maine north of 43 deg.50' N. lat. Amendment 10, which established management measures for this small artisanal fishery for ocean quahogs was implemented in May of 1998. Data from the federally managed fishery is just beginning to be compiled, and there has been no attempt yet to develop and conduct a scientific survey of the extent of the resource. Apparently, maintaining the quota at its current level for another year will not constrain the fishery or endanger the resource.

Classification

This action is authorized by 50 CFR part 648, complies with the National Environmental Policy Act, and has been determined to be not significant for purposes of E.O. 12866.

The Assistant General Counsel for Legislation and Regulation of the Department of Commerce, for the reasons set forth below, certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities.

The Council prepared a Regulatory Impact Review (RIR), which describes the impact this proposed rule, if adopted, would have on small entities. The RIR notes that 50 vessels reported harvesting surf clams or ocean quahogs from Federal waters in 1997 under an individual transferable quota (ITQ) system. These vessels sold their catches to 11 companies. Under the ITQ system, the right to harvest is allocated to 125 owners, some of whom harvest either surf clam or ocean quahog and some of whom harvest both.

The Council proposes maintaining a surf clam quota of 2.565 million bushels, a level which has been

[[Page 63436]]

unchanged since 1995. The Council notes that 80 percent of the surf clam harvest is concentrated off the coast of Northern New Jersey. The most recent scientific advice indicates that, while overall that stock could sustain higher harvests, careful consideration must be given to such an increase since harvesting activity is likely to remain focused off Northern New Jersey, where current catches approximately equal stock production. In addition, the Council expressed concern that the 1997 quota was not attained. The proposal to maintain the surf clam quota at the current 1998 level was opposed by some industry representatives who argued that there was adequate biological information to justify an increase in surf clam quota. However, the Council's quota setting policy for surf clams requires consideration of the economic benefits. The Council, in recommending no change from the 1998 quota level for surf clams, relied upon industry comment with respect to those economic benefits. Some argued that a quota increase would encourage corporate consumers to develop new products to utilize surf clams and generate benefits. Others argued against an increase, noting the current quota is not being fully harvested and an additional quota would only create surplus supply.

The Council also recommends an ocean quahog quota of 4.500 million bushels (a 13 percent increase from the 1998 quota of 4.000 million bushels) and no change in the Maine mahogany quahog quota from the 1998 level of 100,000 Maine bushels. Similar to that of surf clams, the most recent scientific information reported higher biomass estimates for ocean quahogs. However, the advice noted that local declines in quahog abundance could occur if the fishery concentrated in areas of high biomass. The 1998 Maine mahogany quahog quota level was implemented in May of this year and is not projected to be harvested. Therefore, because the proposed quota levels do not restrict the harvest levels of these fisheries from their 1998 levels, it is anticipated that this action will not have a significant impact on a substantial number of these small entities engaged in these fisheries. A copy of the RIR is available from the Council (see ADDRESSES).

Authority: 16 U.S.C. 1801 et seq.

Dated: November 6, 1998. Rolland A. Schmitten, Assistant Administrator for Fisheries, National Marine Fisheries Service.

[FR Doc. 98-30288Filed11-6-98; 4:46 pm]

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