Fisheries of the Northeastern United States; Proposed 2000 Fishing Quotas for Atlantic Surf Clams, Ocean Quahogs, and Maine Mahogany Quahogs

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 991228355-9355-01; I.D. 110999C]

RIN 0648-AM50

Fisheries of the Northeastern United States; Proposed 2000

Fishing Quotas for Atlantic Surf Clams, Ocean Quahogs, and Maine

Mahogany Quahogs

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed 2000 fishing quotas for Atlantic surf clams, ocean

quahogs, and Maine mahogany quahogs; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS issues proposed quotas for the Atlantic surf clam, ocean

quahog, and Maine mahogany quahog fisheries

for 2000. Regulations governing these fisheries require NMFS to propose

for public comment specifications for the 2000 fishing year. The intent

of this action is to propose allowable harvest levels of Atlantic surf

clams and ocean quahogs from the exclusive economic zone and an

allowable harvest level of Maine mahogany quahogs from the waters north

of 43 deg.50'N. lat. in 2000.

DATES: Comments must be received at the appropriate address or fax

number (see ADDRESSES) no later than 5:00 p.m., eastern standard time,

on February 2, 2000.

ADDRESSES: Copies of supporting documents, including the Environmental

Assessment, Regulatory Impact Review, Initial Regulatory Flexibility

Analysis (EA/RIR/IRFA), and the Essential Fish Habitat Assessment, are

available from: Patricia A. Kurkul, Regional Administrator, Northeast

Region, National Marine Fisheries Service, One Blackburn Drive,

Gloucester, MA 01930-2298. The EA/RIR/IRFA is accessible via the

Internet at http:/www.nero.gov/ro/doc/nr.htm.

Written comments on the proposed specifications should be sent to:

Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, One

Blackburn Drive, Gloucester, MA 01930-2298

ul, Regional Administrator, Northeast

Region, National Marine Fisheries Service, One Blackburn Drive,

Gloucester, MA 01930-2298. The EA/RIR/IRFA is accessible via the

Internet at http:/www.nero.gov/ro/doc/nr.htm.

Written comments on the proposed specifications should be sent to:

Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, One

Blackburn Drive, Gloucester, MA 01930-2298. Mark on the outside of the

envelope, ``Comments--2000 Clam and Quahog Specifications.'' Comments

may also be sent via facsimile (fax) to (978)281-9371. Comments will

not be accepted if submitted via e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst,

978-281-9104.

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Atlantic

Surf Clam and Ocean Quahog Fisheries (FMP) directs NMFS, 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 optimum yield (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 also consider the economic

benefits of the quotas. Regulations implementing Amendment 10 to the

FMP published on May 19, 1998 (63 FR 27481), added Maine mahogany

quahogs to the management unit and provides that a small artisanal

fishery for that species in the waters north of 43 deg.50' N. lat. will

have an annual quota with an initial amount of 100,000 Maine bu (35,240

hectoliters (hL)) within a range of 17,000 to 100,000 Maine bu (5,991

hL to 35,240 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

.50' N. lat. will

have an annual quota with an initial amount of 100,000 Maine bu (35,240

hectoliters (hL)) within a range of 17,000 to 100,000 Maine bu (5,991

hL to 35,240 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 definition for ocean

quahogs is based on a control rule, which requires biomass target = \1/

2\ virgin biomass or 2 billion lb (907,200 mt) of meats (200 million

bu), fishing mortality rate (F) target = F0.1 = 0.02,

biomass threshold = \1/2\ biomass target or 1 billion lb (453,600 mt)

of meats (100 million bu), and fishing mortality threshold of

F25% = 0.042. The current biomass is estimated to be 3

billion lb (1,360,800 mt) of meats (300 million bu) or 3/4 virgin

biomass and current F is estimated to be 0.021. NMFS approved the

overfishing definition for ocean quahogs contained in Amendment 12 to

the FMP, but disapproved the proposed overfishing definition for surf

clams because it was based only on surf clams from the Northern New

Jersey area and did not take into account the broad range of the

resource. Therefore, the Council used the existing overfishing

definition for surf clams, which is a fishing mortality rate of

F20% = 0.180 in establishing the 2000 specifications.

Current F for surf clams is estimated to be 0.0180 for the entire

fishery and 0.041 for the Northern New Jersey Area, where the heaviest

exploitation occurs. The Council has been advised that an FMP amendment

is required to revise overfishing definitions consistent with the

requirements of the Sustainable Fisheries Act

g mortality rate of

F20% = 0.180 in establishing the 2000 specifications.

Current F for surf clams is estimated to be 0.0180 for the entire

fishery and 0.041 for the Northern New Jersey Area, where the heaviest

exploitation occurs. The Council has been advised that an FMP amendment

is required to revise overfishing definitions consistent with the

requirements of the Sustainable Fisheries Act.

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 2000 Atlantic surf clam, ocean quahog, and

Maine mahogany quahog fisheries are shown here. All three quotas would

be unchanged from the 1999 level.

PROPOSED 2000 SURF CLAM/OCEAN QUAHOG QUOTAS

------------------------------------------------------------------------

2000 final 2000 final

Fishery quotas (bu) quotas (hL)

------------------------------------------------------------------------

Surf clam\1\ 2,565,000 1,366,000

Ocean quahog\2\ 4,500,000 2,396,000

Maine mahogany quahog\2\ 100,000 35,240

------------------------------------------------------------------------

\1\ 1 bushel = 1.88 cubic ft. = 53.24 liters

\2\ 1 bushel = 1.2445 cubic ft. = 35.24 liters

Surf Clams

00 final

Fishery quotas (bu) quotas (hL)

------------------------------------------------------------------------

Surf clam\1\ 2,565,000 1,366,000

Ocean quahog\2\ 4,500,000 2,396,000

Maine mahogany quahog\2\ 100,000 35,240

------------------------------------------------------------------------

\1\ 1 bushel = 1.88 cubic ft. = 53.24 liters

\2\ 1 bushel = 1.2445 cubic ft. = 35.24 liters

Surf Clams

The Council recommended a 2000 quota of 2.565 million bu (1.366

million hL) for surf clams, a level unchanged since 1995. This level of

quota was estimated as corresponding to the F that would be required to

harvest the annual surplus production for Northern New Jersey. The vast

majority of the catch (greater than 80 percent) is currently derived

from the Northern New Jersey area, which contains about 36 percent of

the coast-wide resource. Sufficient recruitment is evident and the age

structure of the population is such that this level of quota will not

harm the long-term sustainability of the resource. The F in 1997

associated with a quota of 2.565 million bu (1.366 million hL) was

approximately 0.04 for the Northern New Jersey area.

The proposed quota takes into account analysis of surf clam

abundance that was part of the 26th Northeast Regional Stock Assessment

Workshop (SAW 26). SAW 26 utilized data from the 1997 surf clam survey,

which included work to estimate dredge efficiency. Although SAW 26

showed a significant increase in surf clam biomass, the Council chose

not to recommend a quota increase for 2000 because of three major

factors: (1) The vast majority of the catch (greater than 80 percent)

continues to be derived from the Northern New Jersey area, and the net

productivity of that area appears to be at an equilibrium with the

current

stimate dredge efficiency. Although SAW 26

showed a significant increase in surf clam biomass, the Council chose

not to recommend a quota increase for 2000 because of three major

factors: (1) The vast majority of the catch (greater than 80 percent)

continues to be 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 1998 Federal surf clam landings were 8 percent less

than the 1998 quota and preliminary data for 1999 also indicate that

landings will be below the 1999 quota level; and (3) SAW 26 utilized a

host of new techniques and methodologies, key among them being a new

dredge efficiency estimate that resulted in a sharp increase in the

estimate of surf clam biomass. The differences in methodology relative

to prior work result in this assessment effectively representing a

single point estimate in time; hence, it is prudent to take a risk-

averse approach to setting the annual quota until more data from

different years are available using the new dredge efficiency estimate.

A new clam survey of the continental shelf between Cape Hatteras and

Georges Bank was conducted in the summer of 1999, and a stock

assessment is to be developed and reviewed at the NMFS-sponsored Stock

Assessment Review Committee in December 1999. Therefore, the Council

decided to maintain current quotas until these additional data are

available to corroborate SAW 26 results.

The Council continues to assume that none of the Georges Bank

resource (approximately one quarter of the total resource) will be

available during the next 10 years for harvesting because of paralytic

shellfish poisoning. This area has been closed to the harvest of clams

and other shellfish since 1989, and the Council and NMFS have no reason

to believe that it will reopen in the near future.

Ocean Quahogs

ontinues to assume that none of the Georges Bank

resource (approximately one quarter of the total resource) will be

available during the next 10 years for harvesting because of paralytic

shellfish poisoning. This area has been closed to the harvest of clams

and other shellfish since 1989, and the Council and NMFS have no reason

to believe that it will reopen in the near future.

Ocean Quahogs

The Council recommended a 2000 quota of 4.5 million bu (2.396

million hL) for ocean quahogs. This quota would be identical to that

adopted for 1999, but 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.

The 1997 quota yielded an F of approximately 0.02 compared to the F

threshold of 0.04 contained in the overfishing definition. The specific

F associated with the 2000 quota will be calculated when the new

assessment is complete, but is expected to be close to the F in 1997,

because a similar proportion of the biomass remains unexploited

compared to 1997.

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 35.24 liters per

bushel. Because Maine mahogany quahogs are the same species as ocean

quahogs, both fisheries are combined and share the same ocean quahog

overfishing definition. When the two quota amounts are added, the total

allowable harvest is still lower than the level that would result in

overfishing for the entire stock, as previously defined in the ocean

quahog overfishing definition.

The Council proposed a 2000 ocean quahog quota based on the

analysis of abundance for that species found in the 27th Northeast

Regional Stock Assessment Workshop (SAW 27) concluded in 1998. Similar

to surf clams, SAW 27 included work to estimate dredge efficiency and

showed a significant increase in the estimate of ocean quahog biomass

usly defined in the ocean

quahog overfishing definition.

The Council proposed a 2000 ocean quahog quota based on the

analysis of abundance for that species found in the 27th Northeast

Regional Stock Assessment Workshop (SAW 27) concluded in 1998. Similar

to surf clams, SAW 27 included work to estimate dredge efficiency and

showed a significant increase in the estimate of 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 bu (2.130 million hL), would produce a supply-year

harvest equivalent to 76 years. This estimate 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 proportion of ocean

quahogs that exists 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 beyond the 1999 quota level, the Council did not recommend

any change for 2000 because of four major factors: (1) The 1998 quota

was not constraining to industry; (2) most industry members supported

the 4.5 million bushel (2.396 million hL) harvest level; (3) repeated

concern was expressed by industry over the continued lack of apparent

ocean quahog recruitment south of Georges Bank; and (4) as with surf

clams, although SAW 27 utilized new methodologies and a new dredge

efficiency estimate to derive a sharp increase in ocean quahog biomass,

this assessment represents only one point in time. As with surf clams,

the Council decided to take no further action on the quota until the

additional data are available.

The Council recommended that the Maine mahogany quahog quota remain

unchanged from the 1999 quota level at 100,000 Maine bu (35,240 hL) for

2000

redge

efficiency estimate to derive a sharp increase in ocean quahog biomass,

this assessment represents only one point in time. As with surf clams,

the Council decided to take no further action on the quota until the

additional data are available.

The Council recommended that the Maine mahogany quahog quota remain

unchanged from the 1999 quota level at 100,000 Maine bu (35,240 hL) for

2000. Because management measures for this fishery have only been in

place since May 19, 1998, data from the federally managed fishery is

just beginning to be compiled. There has been no attempt yet to develop

and conduct a scientific survey of the extent of the resource. From the

information currently available, maintaining the quota at its current

level for another year will not constrain the fishery or endanger the

resource, because the total quota was not harvested and catch-per-unit-

of-effort has not changed substantially.

Classification

This action is authorized by 50 CFR part 648 and has been

determined to be not significant for purposes of E.O. 12866.

The Council prepared an Initial Regulatory Flexibility Analysis in

section 5.0 of the RIR that describes the economic impacts this

proposed rule, if adopted, would have on small entities. A description

of the action, why it is being considered, and the legal basis for this

action are contained at the beginning of this section of the preamble

and in the SUMMARY section of the preamble. A summary of that analysis

follows:

Vessels

tory Flexibility Analysis in

section 5.0 of the RIR that describes the economic impacts this

proposed rule, if adopted, would have on small entities. A description

of the action, why it is being considered, and the legal basis for this

action are contained at the beginning of this section of the preamble

and in the SUMMARY section of the preamble. A summary of that analysis

follows:

Vessels

In 1998, a total of 47 vessels reported harvesting surf clams or

ocean quahogs from Federal waters under an Individual Transferable

Quota (ITQ) system. Average 1998 gross income for surf clam harvests

was $650,919 per vessel, and $685,573 per vessel for ocean quahog

harvests. In the small artisanal fishery for ocean quahogs in Maine, 39

vessels reported harvests in the clam logbooks, with an average value

of $48,629 per boat. All of these vessels readily fall within the

definition of a small business. The Council recommends no change in the

2000 quotas for surf clams, ocean quahogs, or mahogany quahogs from

their present 1999 quotas of 2.656, 4.500, and 0.100 million bushels,

respectively. Since 1998 harvest levels of 2.365, 3.897, 0.082 million

bushels, for surf clams, ocean quahogs, and mahogany quahogs,

respectively, are below the 2000 proposed quotas and the Council

assumes no changes in fishing effort or yield-to-effort will take place

in 1999, the Council believes that the 2000 proposed quotas will yield

a surplus quota available to vessels participating in all three

fisheries. In the case of a surplus quota, vessels would not be

constrained from harvesting additional product, thus, increasing

revenues. This assumes that the demand for these shellfish is price

elastic and vessels would equally share in increases or decreases to

total revenues earned by the fishery.

The Council analyzed 4 ocean quahog quota alternatives, in addition

to the preferred, for including 4.000, 4.250, 4.750, and 6.000 million

bushels. The minimum allowable quota specified in the current OY range

is 4.0 million

e current OY range is 1.850

million bushels of surf clams. Adoption of this quota would represent a

28-percent decrease from the current 2.565 million bushel quota, and a

22-percent decrease from the 1998 harvest level of 2.365 million

bushels. Assuming that demand is price elastic, a reduction in quota of

this magnitude would have a substantially negative impact on overall

exvessel revenues. Adoption of the 2.365 million bushel quota would

most likely have no impact on small entities since it is identical to

1998 base year landings of 2.365 million bushels. Adopting the maximum

allowable quota of 3.40 million bushels for surf clams would allow for

a 33-percent increase in harvest. Other alternatives could yield

increases in revenues, but are not likely, because the quota has not

been reached over the last few years. In summation, the Council

determined that the only alternative that would negatively impact

revenues to vessels is the 1.850-million-bushel alternative for surf

clams. All other alternatives including the preferred, would have a

positive impact on revenues.

The quota for mahogany quahogs is specified at 100,000 bushels and

the FMP specifies that adjustments to the quota would require a stock

assessment of the mahogany quahog resource. Since none has been done,

the Council did not look at alternative quotas for this fishery.

However, in general, any quota the Council would have specified below

the 1998 landing level of 72,466 bushels would most likely cause a

decrease in revenues to individual vessels while a quota greater than

that level could cause an increase. However, this is unlikely, given

recent landings values for this fishery.

Processors

the Council did not look at alternative quotas for this fishery.

However, in general, any quota the Council would have specified below

the 1998 landing level of 72,466 bushels would most likely cause a

decrease in revenues to individual vessels while a quota greater than

that level could cause an increase. However, this is unlikely, given

recent landings values for this fishery.

Processors

Nine to twelve processors participate in the surf clam and ocean

quahog fisheries. However, 3 firms are responsible for the vast

majority of purchases in the exvessel market and sale of processed clam

products in appropriate wholesale markets. Impacts to surf clams and

ocean quahog processors would most likely mirror the impacts of the

various quotas to vessels as discussed here. 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 elastic and revenues would increase or decrease with

changes in price.

Allocation Holders

In 1999, surf clam allocation holders totaled 107 while 64 firms or

individuals held ocean quahog allocation. If the recommended quotas are

accepted, i.e., no change from 1999, it is likely that impacts to

allocation holders or buyers will be minimal. Theoretically, increases

in quota would most likely benefit those who must purchase quota

through lower prices (values) and negatively impact sellers of quota

because it would reduce in value. Decreases in quota would most likely

have an opposite effect.

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.

The RIR/IRFA is available from NMFS (see ADDRESSES).

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

ta

because it would reduce in value. Decreases in quota would most likely

have an opposite effect.

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.

The RIR/IRFA is available from NMFS (see ADDRESSES).

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

Dated: December 28, 1999.

Penelope D. Dalton,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 00-84 Filed 1-3-00; 8:45 am]

BILLING CODE 3510-22-F