[Federal Register: December 31, 2002 (Volume 67, Number 251)]
[Rules and Regulations]
[Page 79887-79889]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de02-19]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 021017238-2314-02; I.D. 092602I]
RIN 0648-AQ31
Fisheries of the Northeastern United States; 2003 Fishing Quotas
for Atlantic Surfclams, Ocean Quahogs, and Maine Mahogany Ocean Quahogs
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; 2003 fishing quotas for Atlantic surfclams, ocean
quahogs, and Maine mahogany ocean quahogs.
-----------------------------------------------------------------------
SUMMARY: NMFS issues final quotas for the Atlantic surfclam, ocean
quahog, and Maine mahogany ocean quahog fisheries for 2003. These
regulations specify allowable harvest levels of Atlantic surfclams and
ocean quahogs from the exclusive economic zone and an allowable harvest
level of Maine mahogany ocean quahogs from the waters north of 43[deg]
50' N. lat. in 2003.
DATES: Effective from January 1, 2003, through December 31, 2003.
ADDRESSES: Copies of supporting documents, including the Environmental
Assessment, Regulatory Impact Review, Final Regulatory Flexibility
Analysis (EA/RIR/FRFA), and the Essential Fish Habitat Assessment, are
available from Daniel Furlong, Executive Director, Mid-Atlantic Fishery
Management Council, Room 2115, Federal Building, 300 South New Street,
Dover, DE 19904-6790.
FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery
Management Specialist, 978-281-9141.
SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Atlantic
Surfclam and Ocean Quahog Fisheries (FMP) requires NMFS, in
consultation with the Mid-Atlantic Fishery Management Council
(Council), to specify quotas for surfclams and ocean quahogs on an
annual basis 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. The Council must
also consider the economic impacts of the quotas. Regulations
implementing Amendment 10 to the FMP, published on May 19, 1998 (63 FR
27481), added Maine mahogany ocean quahogs to the management unit and
provide that a small artisanal fishery for ocean quahogs in the waters
north of 43[deg]50' N. lat. will have an annual quota within a range of
17,000 to 100,000 Maine bu (5,991 to 35,240 hectoliters (hL)) with an
initial amount of 100,000 Maine bu (35,240 hL). As specified in
Amendment 10, the Maine mahogany ocean quahog quota is in addition to
the quota specified for the ocean quahog fishery.
Detailed background information regarding the development of these
quotas for 2003 was provided in the preamble to the proposed rule
published in the Federal Register at 67 FR 65938, October 29, 2002, and
is not repeated here. The comment period for that rule ended on
November 27, 2002. No comments were received during the comment period,
and the final quotas for 2003, which are unchanged from those in the
proposed rule, are shown in the table below. The 2003 quotas for both
ocean quahogs and Maine mahogany quahogs are the same as the 2002
quotas. However, the 2003 surfclam quota is 4 percent higher than the
2002 quotas.
[[Page 79888]]
FINAL 2003 SURFCLAM/OCEAN QUAHOG QUOTAS
------------------------------------------------------------------------
2003 final 2003 final
Fishery quotas (bu) quotas (hL)
------------------------------------------------------------------------
\1\Surfclam 3,250,000 1,730,000
\1\Ocean quahog 4,500,000 2,396,000
\2\Maine mahogany quahog 100,000 35,240
------------------------------------------------------------------------
\1\ 1 bushel = 1.88 cubic ft = 53.24 L
\2\ 1 bushel = 1.2445 cubic ft = 35.24 L
Classification
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
A delay in the effective date of this rule would cause a disruption
in the ordinary commerce of the surfclam and ocean quahog fisheries.
Each individual transferable quota shareholder receives a portion of
the overall quota for these two species. An allocation holder receives
an amount of cage tags equivalent to his/her share of the overall
quota. Fishing for surfclams and ocean quahogs begins on January 1,
regardless of the publication of the annual quota. Historically,
allocations have been transferred either permanently or temporarily to
meet changing economic circumstances in the fishery right from the
commencement of these fisheries. For example, vessel owners who enter
into a supply contract with a processor may experience vessel
breakdowns that thwart performance of their contractual obligations. In
this situation, the vessel owner must be able to request that NMFS
transfer temporarily part of his/her allocation to another harvester
who is willing to fulfill the terms of the supply contract. Further,
allocation holders, at times, pledge their allocation as security for a
loan. This entails the permanent transfer of the individual allocation
to the lending institution for the pendency of the loan. Without an
effective quota, NMFS cannot make a partial or full transfer of such an
allocation effective, either permanently or temporarily. This inability
on the part of NMFS to make such transfers effective would have a
negative economic impact on the surfclam and ocean quahog fisheries.
Therefore, there is good cause under 5 U.S.C. 553(d)(3) to waive a
portion of the 30-day delayed effectiveness period for the
implementation of the 2003 surfclam, ocean quahog, and Maine mahogany
quahog quotas.
Regulatory Flexibility Act
NMFS and the Council prepared an FRFA for this action, which is
available from the Council (see ADDRESSES) as required by section 604
of the Regulatory Flexibility Act (RFA). The preamble to the proposed
rule and specifications included a detailed summary of the analysis
contained in the initial regulatory flexibility analysis (IRFA), which
is not repeated here. A summary of the FRFA, focusing upon the impacts
of the final measures, follows:
A description of the reasons why this action is being taken by the
Agency and the objectives of this final rule are explained in the
preambles of the proposed rule and this final rule. This action does
not contain any collection-of-information, reporting, or recordkeeping
requirements. It does not duplicate, overlap, or conflict with any
other Federal rules. This action is taken under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and regulations at 50 CFR part 648. There are no new
compliance costs associated with this final rule.
Public Comments
There were no public comments received in response to the IRFA's
analysis of the expected impacts of the proposed regulations on small
entities.
Minimizing Significant Economic Impact of Small Entities
These specifications establish a 4-percent increase in the surfclam
quota and continue the ocean quahog and Maine mahogany quahog quota
without change from the 2002 quotas. Since 2001 harvest levels of surf
clams (2.855 million bu (1.520 million hL)) and ocean quahogs (3.691
million bu (1.965 million hL)) were substantially less than the 2003
quotas implemented by this action, NMFS and the Council believe that it
is likely that the 2003 quotas will yield a surplus quota available to
vessels participating in all these fisheries. This is especially likely
to occur in the ocean quahog fishery. In the case of a surplus quota,
vessels would not be constrained from harvesting additional product,
thus allowing them to increase their revenues.
Vessels
In 2001, a total of 51 vessels reported harvesting surfclams or
ocean quahogs from Federal waters under an ITQ system. Average 2001
gross income for surfclam harvests was $753,682 per vessel, and
$678,885 per vessel for ocean quahog harvests. In the small artisanal
fishery for ocean quahogs in Maine, 31 vessels reported harvests in the
clam logbooks, with an average value of $113,181 per vessel. All of
these vessels fall within the definition of a small entity.
For ocean quahogs, the proposed 2003 quota is 4.500 million bu
(2.396 million hL). The other alternatives considered included 4.000,
4.250, 4.750, and 6.000 million bu (2.129, 2.263, 2.529, and 3.195
million hL). Of these, 4.750 and 6.0 million bu. would have been less
constraining on small entities than the selected alternative of 4.5
million bu. Adopting the maximum allowable quota of 6.000 million bu
(3.195 million hL) for ocean quahogs would represent a 33-percent
increase in allowable harvest and a 63-percent increase in landings
from 2001, assuming all the quota were harvested. However, the industry
does not have a market available to absorb such a large increase in
landings and may not have the vessel capacity necessary to harvest a
quota this large. Because the alternative of 4.75 million bu is so much
larger than the 2001 landing amount of 3.69 million bu for ocean
quahogs, the Council felt that 4.5 million bu rather than 4.75 mil bu
is a high enough quota for 2003 to ensure that the fishery is not
unnecessarily constrained. Therefore, the proposed quota provides ample
opportunity for fishermen to gain increased revenues in the ocean
quahog fishery in 2003.
For surfclams, the proposed 2003 quota is 3.250 million bu (1.730
million hL). Other alternatives analyzed included 1.850, 2.850, 3.135,
and 3.400 million bu (0.985, 1.517, 1.669, and 1.810 million hL). Of
these, only the maximum quota considered would have been less
constraining than the selected action. Adopting the maximum allowable
quota of 3.400 million bu (1.810 million hL) for surfclams would allow
for an 8-percent increase in the surfclam quota. The Council did not
recommend a quota increase of this
[[Page 79889]]
magnitude at this time, due to uncertainties in the stock assessment.
The preferred alternative allows for a 4-percent increase, from 3.135
million bu (1.669 million hL) to 3.25 million bu (1.730 million hL).
The resource can support the 4-percent increase in landings, and the
industry believes it can utilize this additional product and thus have
a beneficial impact for the Nation.
The proposed quota for Maine mahogany ocean quahogs is 100,000
Maine bu (35,240 hL), the maximum allowed under the FMP. The FMP
specifies that upward adjustments to the quota would require a
scientific survey and stock assessment of the Maine mahogany ocean
quahog resource. However, no survey or assessment has been conducted.
The Council considered two alternative quotas for the Maine mahogany
fishery, in addition to the preferred alternative of 100,000 bu (35,240
hL), including 50,000 bu and 72,466 bu (17,620 and 25,537 hL). Any
quota the Council would have recommended below the 1999 landing level
of 93,938 Maine bu (33,104 hL) would most likely have resulted in a
decrease in revenues to individual vessels.
Processors
In 2001, 13 processors participated in the surfclam and ocean
quahog fisheries, and 10 companies bought ocean quahogs directly from
vessels from within the State of Maine. Of the 13 processors,
approximately 5 are responsible for the vast majority of purchases in
the ex-vessel market and sale of processed clam products in appropriate
wholesale markets. Impacts to surfclam and ocean quahog processors
would most likely mirror the impacts of the various quotas to vessels,
as discussed above. Revenues earned by processors would be derived from
the wholesale market for clam products and, since a large number of
substitute products (i.e., other food products) are available, the
demand for processed clam products is likely to be price-dependant.
Allocation Holders
In 2002, there were 99 surfclam allocation holders totaled 99,
while 63 firms or individuals held ocean quahog allocation. Under the
2003 quotas, (that is, no change from 2002 quotas on ocean quahogs,
Maine mahogany ocean quahogs, and a slight increase of 4 percent for
surfclams), it is likely that impacts to allocation holders or buyers
will be minimal. Theoretically, increases in quota would most likely
benefit those who purchase quota (through lower prices, or values) and
affect negatively sellers of quota because of reduction in value.
Decreases in quota would most likely have an opposite effect.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Act of
1996 (SBREFA) states that for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rule making process, a letter to permit holders that also serves
as the small entity compliance guide (the guide) was prepared. Copies
of this final rule are available from the Northeast regional Office,
and the guide, that is, permit holder letter, will be sent to all
holders of permits issued for mackerel, squid, and butterfish
fisheries. The guide and this final rule will be available upon request
(see ADDRESSES).
Authority: 16 U.S.C. 1801 et seq.
Dated: December 23, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 02-33033 Filed 12-26-02; 3:49 pm]
BILLING CODE 3510-22-S