81_FR_84770 81 FR 84544 - Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; Proposed 2017-2018 Fishing Quotas

81 FR 84544 - Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; Proposed 2017-2018 Fishing Quotas

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range84544-84546
FR Document2016-28174

NMFS proposes status quo commercial quotas for the Atlantic surfclam and ocean quahog fisheries for 2017 and projected status quo quotas for 2018. This action is necessary to establish allowable harvest levels of Atlantic surfclams and ocean quahogs that will prevent overfishing and allow harvesting of optimum yield. This action would also continue to suspend the minimum shell size for Atlantic surfclams for the 2017 fishing year. It is expected that the industry and dealers will benefit from the proposed status quo quotas, as they will be able to maintain a consistent market.

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016)
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Proposed Rules]
[Pages 84544-84546]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28174]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160816746-6746-01]
RIN 0648-XE819


Fisheries of the Northeastern United States; Atlantic Surfclam 
and Ocean Quahog Fishery; Proposed 2017-2018 Fishing Quotas

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes status quo commercial quotas for the Atlantic 
surfclam and ocean quahog fisheries for 2017 and projected status quo 
quotas for 2018. This action is necessary to establish allowable 
harvest levels of Atlantic surfclams and ocean quahogs that will 
prevent overfishing and allow harvesting of optimum yield. This action 
would also continue to suspend the minimum shell size for Atlantic 
surfclams for the 2017 fishing year. It is expected that the industry 
and dealers will benefit from the proposed status quo quotas, as they 
will be able to maintain a consistent market.

DATES: Comments must be received by December 8, 2016.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2016-0122, 
by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0122, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to John K. Bullard, Regional 
Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 
Great Republic Drive, Gloucester, MA 01930. Mark the outside of the 
envelope: ``Comments on the 2017-2018 Surfclam/Ocean Quahog 
Specifications.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the commenter may be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Copies of the Environmental Assessment (EA), Supplemental 
Information Report (SIR), and other supporting documents for these 
proposed specifications are available from the Mid-Atlantic Fishery 
Management Council, 800 North State Street, Suite 201, Dover, DE 19901. 
The EA and SIR are also accessible via the internet at: 
www.greateratlantic.fisheries.noaa.gov/.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
978-281-9341.

SUPPLEMENTARY INFORMATION: The Atlantic Surfclam and Ocean Quahog 
Fishery Management Plan (FMP) requires that NMFS, in consultation with 
the Mid-Atlantic Council, specify quotas for surfclam and ocean quahog 
for up to a 3-year period, with an annual review. It is the policy of 
the Council that the catch limits selected allow sustainable fishing to 
continue at that level for at least 10 years for surfclams, and 30 
years for ocean quahogs. In addition to this, the Council policy also 
considers the economic impacts of the quotas. Regulations implementing 
Amendment 10 to the FMP (63 FR 27481; May 19, 1998) added Maine ocean 
quahogs (locally known as Maine mahogany quahogs) to the management 
unit, and provided for a small artisanal fishery for ocean quahogs in 
the waters north of 43[deg]50' N. lat., with an annual quota within a 
range of 17,000 to 100,000 Maine bu (0.6 to 3.524 million L). As 
specified in Amendment 10, the Maine ocean quahog quota is allocated 
separately from the quota specified for the ocean quahog fishery. 
Regulations implementing Amendment 13 to the FMP (68 FR 69970; December 
16, 2003) established the ability to propose multi-year quotas with an 
annual quota review to be conducted by the Council to determine if the 
multi-year quota specifications remain appropriate for each year. NMFS 
then publishes the annual final quotas in the Federal Register. The 
fishing quotas must ensure overfishing will not occur. In recommending 
these quotas, the Council considered the most recent stock assessments 
and other relevant scientific information.

[[Page 84545]]

    In June 2016, the Council voted to recommend maintaining the status 
quo quota levels of 5.33 million bu (284 million L) for the ocean 
quahog fishery, 3.40 million bu (181 million L) for the Atlantic 
surfclam fishery, and 100,000 Maine bu (3.52 million L) for the Maine 
ocean quahog fishery for 2017 and projected status quo quotas would be 
maintained in 2018.
    Tables 1 and 2 show proposed quotas for the 2017 Atlantic surfclam 
and ocean quahog fishery along with projected quotas for 2018. By 
providing projected quotas for 2018, NMFS hopes to assist fishery 
participants in planning ahead. NMFS plans to reassess the status of 
the Atlantic surfclam and ocean quahog fishery in 2017. Final 2018 
quotas will be published in the Federal Register before the start of 
the 2018 fishing year (January 1, 2018) based on the 2017 review.

                                  Table 1--Proposed Atlantic Surfclam Measures
----------------------------------------------------------------------------------------------------------------
                                          Acceptable
                                          biological     Annual  catch   Annual  catch
                 Year                    catch  (ABC)    limit  (ACL)    target  (ACT)      Commercial quota
                                             (mt)            (mt)            (mt)
----------------------------------------------------------------------------------------------------------------
2017..................................          44,469          44,469          29,364  3.40 million bu (181
                                                                                         million L).
2018 (projected)......................          45,524          45,524          29,364  3.4 million bu (181
                                                                                         million L).
----------------------------------------------------------------------------------------------------------------


                                     Table 2--Proposed Ocean Quahog Measures
----------------------------------------------------------------------------------------------------------------
                    Year                       ABC  (mt)   ACL  (mt)   ACT  (mt)         Commercial quota
----------------------------------------------------------------------------------------------------------------
2017; 2018 (projected)......................     26,100      26,100      26,035   Non-Maine Quota: 5.33 million
                                                                                   bu (284 million L)
                                                                                  Maine ACT: 100,000 Maine bu
                                                                                   (3.52 million L)
----------------------------------------------------------------------------------------------------------------

    The Atlantic surfclam and ocean quahog quotas are specified in 
``industry'' bushels of 1.88 ft\3\ (53.24 L) per bushel, while the 
Maine ocean quahog quota is specified in Maine bushels of 1.24 ft\3\ 
(35.24 L) per bushel. Because Maine ocean quahogs are the same species 
as ocean quahogs, both fisheries are assessed under the same 
overfishing definition. When the two quota amounts (ocean quahog and 
Maine ocean quahog) are added, the total allowable harvest is below the 
level that would result in overfishing for the entire stock.

Surfclams

    The proposed 2017 status quo surfclam quota was developed after 
reviewing the results of the Northeast Regional Stock Assessment 
Workshop (SAW) 56 for Atlantic surfclam, released to the public in 
2013. The surfclam quota recommendation is consistent with the SAW 56 
finding that the Atlantic surfclam stock is not overfished, nor is 
overfishing occurring. Based on this information, the Council is 
recommending, and NMFS is proposing, to maintain the status quo 
surfclam quota of 3.40 million bu (181 million L) for 2017 (See Table 
1).

Ocean Quahogs

    The proposed 2017 non-Maine quota for ocean quahogs also reflects 
the status quo quota of 5.33 million bu (284 million L). In April 2013, 
the ocean quahog stock assessment was updated and found that the ocean 
quahog stock is not overfished, nor is overfishing occurring. After 
several decades of relatively low fishing mortality, the ocean quahog 
stock is still above the biomass target reference points.
    The 2017 proposed quota for Maine ocean quahogs is the status quo 
level of 100,000 Maine bu (3.52 million L). The proposed quota 
represents the maximum allowable quota under the FMP.
    This proposed rule also announces projected quotas for 2018. 
However, new stock assessments for both Atlantic surfclam and ocean 
quahog are pending and the results are expected to be available to the 
Council when it next reviews quotas for this fishery in June 2017. It 
is expected that the Council will use these assessment results to 
update the 2018 specifications as needed and recommend specifications 
for both fisheries for 2018 through 2020.

Surfclam Minimum Size

    At its June 2016 meeting, the Council voted to recommend that the 
Regional Administrator suspend the minimum size limit for Atlantic 
surfclams for the 2017 fishing year. This action may be taken unless 
discard, catch, and biological sampling data indicate that 30 percent 
or more of the Atlantic surfclam resource have a shell length less than 
4.75 inches (120 mm), and the overall reduced size is not attributable 
to harvest from beds where growth of the individual clams has been 
reduced because of density-dependent factors.
    Commercial surfclam data for 2016 were analyzed to determine the 
percentage of surfclams that were smaller than the minimum size 
requirement. The analysis indicated that 14.4 percent of the overall 
commercial landings were composed of surfclams that were less than the 
4.75-in (120-mm) default minimum size. This percentage of small clams 
is higher than in most previous years; however, it is still below the 
30-percent trigger. Based on the information available, the Regional 
Administrator concurs with the Council's recommendation, and is 
proposing to suspend the minimum size limit for Atlantic surfclams in 
the upcoming fishing year (January 1 through December 31, 2017).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator for Fisheries, NOAA, has determined that this 
proposed rule is consistent with the Atlantic Surfclam and Ocean Quahog 
FMP, other provisions of the Magnuson-Stevens Act, and other applicable 
law, subject to further consideration after public comment.
    This action does not introduce any new reporting, recordkeeping, or 
other compliance requirements. This proposed rule does not duplicate, 
overlap, or conflict with other Federal rules.
    This proposed rule is exempt from the requirements of E.O. 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not

[[Page 84546]]

have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification is as follows:
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide. In 2015, there were 358 fishing firms 
that held at least one surfclam or ocean quahog permit. Using the $11.0 
million cutoff for firms, there are 348 entities that are small and 10 
that are large. In order to provide a more accurate count and 
description of the small directly regulated entities, landings data 
were evaluated to select only firms that were active in either the 
surfclam or ocean quahog fishery. There are 29 active fishing firms, of 
which 26 are small entities and 3 are large entities.
    Because the proposed quotas are identical to those implemented for 
2014-2016, the proposed action would have no impact on the way the 
fishery operates. These measures are expected to provide similar 
fishing opportunities in 2017 and 2018 when compared to 2015 (proxy for 
base year 2016). As such, revenue changes are not expected in 2017 and 
2018 when compared to landings and revenues in 2015. Therefore, 
adoption of the proposed specifications would have no impacts on 
entities participating in the fishery if landings are similar to those 
that occurred in 2015.
    Maintaining the suspension of the surfclam minimum shell length 
requirement would result in no change when compared to 2014-2016. The 
minimum shell length requirement has been suspended each year since 
2005. The proposed action would have no impact on the way the fishery 
operates, and is not expected to disproportionately affect small 
entities.
    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.

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

    Dated: November 16, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-28174 Filed 11-22-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                    84544             Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules

                                                      (7) Hogfish in the Gulf EEZ except                    DEPARTMENT OF COMMERCE                                information (e.g., name, address, etc.),
                                                    south of 25°09′ N. lat. off the west coast                                                                    confidential business information, or
                                                    of Florida—5. See § 622.187(b)(3)(ii) for               National Oceanic and Atmospheric                      otherwise sensitive information
                                                    the hogfish bag and possession limits in                Administration                                        submitted voluntarily by the commenter
                                                    the Gulf EEZ south of 25°09′ N. lat. off                                                                      may be publicly accessible. NMFS will
                                                    the west coast of Florida.                              50 CFR Part 648                                       accept anonymous comments (enter ‘‘N/
                                                                                                            [Docket No. 160816746–6746–01]                        A’’ in the required fields if you wish to
                                                    *     *     *      *    *
                                                                                                                                                                  remain anonymous). Attachments to
                                                    ■ 8. In § 622.41, revise paragraph (p) to               RIN 0648–XE819                                        electronic comments will be accepted in
                                                    read as follows:                                                                                              Microsoft Word, Excel, or Adobe PDF
                                                                                                            Fisheries of the Northeastern United                  file formats only.
                                                    § 622.41 Annual catch limits (ACLs),                    States; Atlantic Surfclam and Ocean                      Copies of the Environmental
                                                    annual catch targets (ACTs), and                        Quahog Fishery; Proposed 2017–2018                    Assessment (EA), Supplemental
                                                    accountability measures (AMs).                          Fishing Quotas                                        Information Report (SIR), and other
                                                    *     *     *      *    *                                                                                     supporting documents for these
                                                                                                            AGENCY:  National Marine Fisheries
                                                      (p) Hogfish in the Gulf EEZ except                    Service (NMFS), National Oceanic and                  proposed specifications are available
                                                    south of 25°09′ N. lat. off the west coast              Atmospheric Administration (NOAA),                    from the Mid-Atlantic Fishery
                                                    of Florida. If the sum of the commercial                Commerce.                                             Management Council, 800 North State
                                                    and recreational landings, as estimated                 ACTION: Proposed rule; request for
                                                                                                                                                                  Street, Suite 201, Dover, DE 19901. The
                                                    by the SRD, exceeds the stock ACL, then                 comments.                                             EA and SIR are also accessible via the
                                                    during the following fishing year, if the                                                                     internet at:
                                                    sum of commercial and recreational                      SUMMARY:    NMFS proposes status quo                  www.greateratlantic.fisheries.noaa.gov/.
                                                    landings reaches or is projected to reach               commercial quotas for the Atlantic                    FOR FURTHER INFORMATION CONTACT:
                                                    the stock ACL, the AA will file a                       surfclam and ocean quahog fisheries for               Douglas Potts, Fishery Policy Analyst,
                                                    notification with the Office of the                     2017 and projected status quo quotas for              978–281–9341.
                                                    Federal Register to close the commercial                2018. This action is necessary to                     SUPPLEMENTARY INFORMATION: The
                                                                                                            establish allowable harvest levels of                 Atlantic Surfclam and Ocean Quahog
                                                    and recreational sectors for the
                                                                                                            Atlantic surfclams and ocean quahogs                  Fishery Management Plan (FMP)
                                                    remainder of that fishing year. For the
                                                                                                            that will prevent overfishing and allow               requires that NMFS, in consultation
                                                    2016 through 2018 fishing years, the
                                                                                                            harvesting of optimum yield. This                     with the Mid-Atlantic Council, specify
                                                    stock ACL for hogfish in the Gulf EEZ                   action would also continue to suspend
                                                    except south of 25°09′ N. lat. off the                                                                        quotas for surfclam and ocean quahog
                                                                                                            the minimum shell size for Atlantic                   for up to a 3-year period, with an annual
                                                    west coast of Florida is 219,000 lb                     surfclams for the 2017 fishing year. It is            review. It is the policy of the Council
                                                    (99,337 kg), round weight. For the 2019                 expected that the industry and dealers                that the catch limits selected allow
                                                    and subsequent fishing years, the stock                 will benefit from the proposed status                 sustainable fishing to continue at that
                                                    ACL for hogfish in the Gulf EEZ except                  quo quotas, as they will be able to                   level for at least 10 years for surfclams,
                                                    south of 25°09′ N. lat. off the west coast              maintain a consistent market.                         and 30 years for ocean quahogs. In
                                                    of Florida is 159,300 lb (72,257 kg),                   DATES: Comments must be received by                   addition to this, the Council policy also
                                                    round weight. See § 622.193(u)(2) for                   December 8, 2016.                                     considers the economic impacts of the
                                                    the ACLs, ACT, and AMs for hogfish in                   ADDRESSES: You may submit comments,                   quotas. Regulations implementing
                                                    the Gulf EEZ south of 25°09′ N. lat. off                identified by NOAA–NMFS–2016–0122,                    Amendment 10 to the FMP (63 FR
                                                    the west coast of Florida.                              by any of the following methods:                      27481; May 19, 1998) added Maine
                                                    *     *     *      *    *                                  • Electronic Submissions: Submit all               ocean quahogs (locally known as Maine
                                                    ■ 9. In § 622.43, add paragraph (c) to                  electronic public comments via the                    mahogany quahogs) to the management
                                                    read as follows:                                        Federal e-Rulemaking Portal. Go to                    unit, and provided for a small artisanal
                                                                                                            www.regulations.gov/                                  fishery for ocean quahogs in the waters
                                                    § 622.43   Commercial trip limits.                      #!docketDetail;D=NOAA-NMFS-2016-                      north of 43°50′ N. lat., with an annual
                                                    *     *     *      *    *                               0122, click the ‘‘Comment Now!’’ icon,                quota within a range of 17,000 to
                                                                                                            complete the required fields, and enter               100,000 Maine bu (0.6 to 3.524 million
                                                      (c) Hogfish in the Gulf EEZ south of                  or attach your comments.                              L). As specified in Amendment 10, the
                                                    25°09′ N. lat. off the west coast of                       • Mail: Submit written comments to                 Maine ocean quahog quota is allocated
                                                    Florida—see § 622.191(a)(12) for the                    John K. Bullard, Regional                             separately from the quota specified for
                                                    applicable commercial trip limit.                       Administrator, NMFS, Greater Atlantic                 the ocean quahog fishery. Regulations
                                                    [FR Doc. 2016–28173 Filed 11–22–16; 8:45 am]            Regional Fisheries Office, 55 Great                   implementing Amendment 13 to the
                                                    BILLING CODE 3510–22–P                                  Republic Drive, Gloucester, MA 01930.                 FMP (68 FR 69970; December 16, 2003)
                                                                                                            Mark the outside of the envelope:                     established the ability to propose multi-
                                                                                                            ‘‘Comments on the 2017–2018                           year quotas with an annual quota review
                                                                                                            Surfclam/Ocean Quahog                                 to be conducted by the Council to
                                                                                                            Specifications.’’                                     determine if the multi-year quota
                                                                                                               Instructions: Comments sent by any                 specifications remain appropriate for
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                                                                            other method, to any other address or                 each year. NMFS then publishes the
                                                                                                            individual, or received after the end of              annual final quotas in the Federal
                                                                                                            the comment period, may not be                        Register. The fishing quotas must
                                                                                                            considered by NMFS. All comments                      ensure overfishing will not occur. In
                                                                                                            received are a part of the public record              recommending these quotas, the
                                                                                                            and will generally be posted for public               Council considered the most recent
                                                                                                            viewing on www.regulations.gov                        stock assessments and other relevant
                                                                                                            without change. All personal identifying              scientific information.


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                                                                            Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules                                                 84545

                                                      In June 2016, the Council voted to                             projected status quo quotas would be                     ahead. NMFS plans to reassess the
                                                    recommend maintaining the status quo                             maintained in 2018.                                      status of the Atlantic surfclam and
                                                    quota levels of 5.33 million bu (284                               Tables 1 and 2 show proposed quotas                    ocean quahog fishery in 2017. Final
                                                    million L) for the ocean quahog fishery,                         for the 2017 Atlantic surfclam and                       2018 quotas will be published in the
                                                    3.40 million bu (181 million L) for the                          ocean quahog fishery along with                          Federal Register before the start of the
                                                    Atlantic surfclam fishery, and 100,000                           projected quotas for 2018. By providing                  2018 fishing year (January 1, 2018)
                                                    Maine bu (3.52 million L) for the Maine                          projected quotas for 2018, NMFS hopes                    based on the 2017 review.
                                                    ocean quahog fishery for 2017 and                                to assist fishery participants in planning

                                                                                                          TABLE 1—PROPOSED ATLANTIC SURFCLAM MEASURES
                                                                                                    Acceptable              Annual              Annual
                                                                                                     biological            catch limit        catch target
                                                                      Year                             catch                                                                          Commercial quota
                                                                                                                             (ACL)               (ACT)
                                                                                                       (ABC)                  (mt)                (mt)
                                                                                                        (mt)

                                                    2017 .......................................           44,469                 44,469             29,364     3.40 million bu (181 million L).
                                                    2018 (projected) .....................                 45,524                 45,524             29,364     3.4 million bu (181 million L).


                                                                                                                TABLE 2—PROPOSED OCEAN QUAHOG MEASURES
                                                                                                           ABC             ACL             ACT
                                                                          Year                                                                                                   Commercial quota
                                                                                                           (mt)            (mt)            (mt)

                                                    2017; 2018 (projected) ...................            26,100       26,100            26,035     Non-Maine Quota: 5.33 million bu (284 million L)
                                                                                                                                                    Maine ACT: 100,000 Maine bu (3.52 million L)



                                                       The Atlantic surfclam and ocean                               occurring. After several decades of                      smaller than the minimum size
                                                    quahog quotas are specified in                                   relatively low fishing mortality, the                    requirement. The analysis indicated that
                                                    ‘‘industry’’ bushels of 1.88 ft3 (53.24 L)                       ocean quahog stock is still above the                    14.4 percent of the overall commercial
                                                    per bushel, while the Maine ocean                                biomass target reference points.                         landings were composed of surfclams
                                                    quahog quota is specified in Maine                                  The 2017 proposed quota for Maine                     that were less than the 4.75-in (120-mm)
                                                    bushels of 1.24 ft3 (35.24 L) per bushel.                        ocean quahogs is the status quo level of                 default minimum size. This percentage
                                                    Because Maine ocean quahogs are the                              100,000 Maine bu (3.52 million L). The                   of small clams is higher than in most
                                                    same species as ocean quahogs, both                              proposed quota represents the                            previous years; however, it is still below
                                                    fisheries are assessed under the same                            maximum allowable quota under the                        the 30-percent trigger. Based on the
                                                    overfishing definition. When the two                             FMP.                                                     information available, the Regional
                                                    quota amounts (ocean quahog and                                     This proposed rule also announces                     Administrator concurs with the
                                                    Maine ocean quahog) are added, the                               projected quotas for 2018. However,                      Council’s recommendation, and is
                                                    total allowable harvest is below the                             new stock assessments for both Atlantic                  proposing to suspend the minimum size
                                                    level that would result in overfishing for                       surfclam and ocean quahog are pending                    limit for Atlantic surfclams in the
                                                    the entire stock.                                                and the results are expected to be                       upcoming fishing year (January 1
                                                                                                                     available to the Council when it next                    through December 31, 2017).
                                                    Surfclams                                                        reviews quotas for this fishery in June
                                                       The proposed 2017 status quo                                  2017. It is expected that the Council will               Classification
                                                    surfclam quota was developed after                               use these assessment results to update                     Pursuant to section 304(b)(1)(A) of the
                                                    reviewing the results of the Northeast                           the 2018 specifications as needed and                    Magnuson-Stevens Act, the Assistant
                                                    Regional Stock Assessment Workshop                               recommend specifications for both                        Administrator for Fisheries, NOAA, has
                                                    (SAW) 56 for Atlantic surfclam, released                         fisheries for 2018 through 2020.                         determined that this proposed rule is
                                                    to the public in 2013. The surfclam                                                                                       consistent with the Atlantic Surfclam
                                                    quota recommendation is consistent                               Surfclam Minimum Size
                                                                                                                                                                              and Ocean Quahog FMP, other
                                                    with the SAW 56 finding that the                                   At its June 2016 meeting, the Council                  provisions of the Magnuson-Stevens
                                                    Atlantic surfclam stock is not                                   voted to recommend that the Regional                     Act, and other applicable law, subject to
                                                    overfished, nor is overfishing occurring.                        Administrator suspend the minimum                        further consideration after public
                                                    Based on this information, the Council                           size limit for Atlantic surfclams for the                comment.
                                                    is recommending, and NMFS is                                     2017 fishing year. This action may be                      This action does not introduce any
                                                    proposing, to maintain the status quo                            taken unless discard, catch, and                         new reporting, recordkeeping, or other
                                                    surfclam quota of 3.40 million bu (181                           biological sampling data indicate that 30                compliance requirements. This
                                                    million L) for 2017 (See Table 1).                               percent or more of the Atlantic surfclam                 proposed rule does not duplicate,
                                                                                                                     resource have a shell length less than                   overlap, or conflict with other Federal
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    Ocean Quahogs                                                    4.75 inches (120 mm), and the overall                    rules.
                                                       The proposed 2017 non-Maine quota                             reduced size is not attributable to                        This proposed rule is exempt from the
                                                    for ocean quahogs also reflects the status                       harvest from beds where growth of the                    requirements of E.O. 12866.
                                                    quo quota of 5.33 million bu (284                                individual clams has been reduced                          The Chief Counsel for Regulation of
                                                    million L). In April 2013, the ocean                             because of density-dependent factors.                    the Department of Commerce certified
                                                    quahog stock assessment was updated                                Commercial surfclam data for 2016                      to the Chief Counsel for Advocacy of the
                                                    and found that the ocean quahog stock                            were analyzed to determine the                           Small Business Administration that this
                                                    is not overfished, nor is overfishing                            percentage of surfclams that were                        proposed rule, if adopted, would not


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                                                    84546             Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Proposed Rules

                                                    have a significant economic impact on                   DEPARTMENT OF COMMERCE                                any other address or individual, or
                                                    a substantial number of small entities.                                                                       received after the end of the comment
                                                    The factual basis for this certification is             National Oceanic and Atmospheric                      period, may not be considered. All
                                                    as follows:                                             Administration                                        comments received are a part of the
                                                       For RFA purposes only, NMFS has                                                                            public record and will generally be
                                                    established a small business size                       50 CFR Part 660                                       posted for public viewing on
                                                    standard for businesses, including their                                                                      www.regulations.gov without change.
                                                                                                            [Docket No. 160728670–6904–01]
                                                    affiliates, whose primary industry is                                                                         All personal identifying information
                                                    commercial fishing (see 50 CFR 200.2).                  RIN 0648–BG23                                         (e.g., name, address, etc.) submitted
                                                    A business primarily engaged in                                                                               voluntarily by the sender will be
                                                    commercial fishing (NAICS code 11411)                   Fisheries off West Coast States; Highly               publicly accessible. Do not submit
                                                    is classified as a small business if it is              Migratory Fisheries; California Drift                 confidential business information, or
                                                    independently owned and operated, is                    Gillnet Fishery; Protected Species                    otherwise sensitive or protected
                                                    not dominant in its field of operation                  Hard Caps for the California/Oregon                   information. NMFS will accept
                                                    (including its affiliates), and has                     Large-Mesh Drift Gillnet Fishery;                     anonymous comments (enter ‘‘N/A’’ in
                                                    combined annual receipts not in excess                  Extension of Public Comment Period                    the required fields if you wish to remain
                                                    of $11 million for all its affiliated                   AGENCY:  National Marine Fisheries                    anonymous).
                                                    operations worldwide. In 2015, there                    Service (NMFS), National Oceanic and                     Copies of the draft EA, draft RIR,
                                                    were 358 fishing firms that held at least               Atmospheric Administration (NOAA),                    IRFA, and other supporting documents
                                                    one surfclam or ocean quahog permit.                    Commerce.                                             are available via the Federal
                                                    Using the $11.0 million cutoff for firms,                                                                     eRulemaking Portal: http://
                                                                                                            ACTION: Proposed rule; extension of
                                                    there are 348 entities that are small and                                                                     www.regulations.gov, docket NOAA–
                                                                                                            public comment period.
                                                    10 that are large. In order to provide a                                                                      NMFS–2016–0123 or by contacting the
                                                    more accurate count and description of                  SUMMARY:    On October 13, 2016, NMFS                 Regional Administrator, Barry Thom,
                                                    the small directly regulated entities,                  published a proposed rule to establish                NMFS West Coast Region, 1201 NE
                                                    landings data were evaluated to select                  protected species hard caps for the                   Lloyd Blvd., Portland, OR 97232–2182,
                                                    only firms that were active in either the               California/Oregon large-mesh drift                    or RegionalAdministrator.WCRHMS@
                                                    surfclam or ocean quahog fishery. There                 gillnet fishery, with comments due by                 noaa.gov.
                                                    are 29 active fishing firms, of which 26                November 28, 2016. However, in                        FOR FURTHER INFORMATION CONTACT: Lyle
                                                    are small entities and 3 are large                      response to a request to extend the                   Enriquez, NMFS, West Coast Region,
                                                    entities.                                               public comment period, NMFS has
                                                       Because the proposed quotas are                                                                            562–980–4025, or Lyle.Enriquez@
                                                                                                            decided to extend the public comment                  noaa.gov.
                                                    identical to those implemented for                      period by an additional 30 calendar
                                                    2014–2016, the proposed action would                    days.                                                 SUPPLEMENTARY INFORMATION: On
                                                    have no impact on the way the fishery                                                                         October 13, 2016, NMFS published a
                                                                                                            DATES: The deadline for receipt of                    proposed rule in the Federal Register
                                                    operates. These measures are expected
                                                    to provide similar fishing opportunities                comments on the proposed rule                         (81 FR 70660) announcing proposed
                                                    in 2017 and 2018 when compared to                       published on October 13, 2016 (81 FR                  issuance of regulations to establish
                                                    2015 (proxy for base year 2016). As                     70660) is extended to December 28,                    protected species hard caps for the
                                                    such, revenue changes are not expected                  2016. NMFS must receive written                       California/Oregon large-mesh drift
                                                    in 2017 and 2018 when compared to                       comments and information on or before                 gillnet fishery. The 45-day public
                                                    landings and revenues in 2015.                          December 28, 2016.                                    comment period on the proposed rule
                                                    Therefore, adoption of the proposed                     ADDRESSES: You may submit comments                    ends on November 28, 2016.
                                                    specifications would have no impacts                    on the proposed rule, draft                              On October 21, 2016, representatives
                                                    on entities participating in the fishery if             Environmental Assessment (EA), draft                  of potentially affected parties requested
                                                    landings are similar to those that                      Regulatory Impact Review (RIR), and                   an extension of the public comment
                                                    occurred in 2015.                                       Initial Regulatory Flexibility Analysis               period to aid in their review of the
                                                       Maintaining the suspension of the                    (IRFA), identified by NOAA–NMFS–                      proposed rulemaking. NMFS has
                                                    surfclam minimum shell length                           2016–0123, by any of the following                    considered the request and will extend
                                                    requirement would result in no change                   methods:                                              the comment period to December 28,
                                                    when compared to 2014–2016. The                            • Electronic Submission: Submit all                2016. This extension provides a total of
                                                    minimum shell length requirement has                    electronic public comments via the                    75 days for public input and continuing
                                                    been suspended each year since 2005.                    Federal e-Rulemaking Portal. Go to                    Federal agency reviews to inform
                                                    The proposed action would have no                       http://www.regulations.gov/                           NMFS’ final decision to issue or deny
                                                    impact on the way the fishery operates,                 #!docketDetail;D=NOAA-NMFS-2016-                      the regulations.
                                                    and is not expected to                                  0123, click the ‘‘Comment Now!’’ icon,                   NMFS refers the reader to the October
                                                    disproportionately affect small entities.               complete the required fields, and enter               13, 2016, proposed rule (81 FR 70660)
                                                       As a result, an initial regulatory                   or attach your comments.                              for background information concerning
                                                    flexibility analysis is not required and                   • Mail: Submit written comments to                 the proposed rulemaking as this notice
                                                    none has been prepared.                                 Lyle Enriquez, NMFS West Coast                        does not repeat the information here.
                                                                                                            Region, 501 W. Ocean Blvd., Suite 4200,
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                       Authority: 16 U.S.C. 1801 et seq.                                                                            Authority: 16 U.S.C. 1801 et seq.
                                                                                                            Long Beach, CA 90802. Include the
                                                      Dated: November 16, 2016.                             identifier ‘‘NOAA–NMFS–2016–0123’’                      Dated: November 15, 2016.
                                                    Samuel D. Rauch III,                                    in the comments.                                      Samuel D. Rauch III,
                                                    Deputy Assistant Administrator for                         Instructions: Comments must be                     Deputy Assistant Administrator for
                                                    Regulatory Programs, National Marine                    submitted by one of the above methods                 Regulatory Programs, National Marine
                                                    Fisheries Service.                                      to ensure they are received,                          Fisheries Service.
                                                    [FR Doc. 2016–28174 Filed 11–22–16; 8:45 am]            documented, and considered by NMFS.                   [FR Doc. 2016–28179 Filed 11–22–16; 8:45 am]
                                                    BILLING CODE 3510–22–P                                  Comments sent by any other method, to                 BILLING CODE 3510–22–P




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Document Created: 2016-11-23 05:30:36
Document Modified: 2016-11-23 05:30:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesComments must be received by December 8, 2016.
ContactDouglas Potts, Fishery Policy Analyst, 978-281-9341.
FR Citation81 FR 84544 
RIN Number0648-XE81

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