82_FR_58400 82 FR 58164 - Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; Proposed 2018-2020 Fishing Quotas

82 FR 58164 - Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; Proposed 2018-2020 Fishing Quotas

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 236 (December 11, 2017)

Page Range58164-58166
FR Document2017-26577

NMFS proposes status quo commercial quotas for the Atlantic surfclam and ocean quahog fisheries for 2018 and projected status quo quotas for 2019 and 2020. 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 2018 fishing year. The intended effect of this action is to provide benefit to the industry from stable quotas to maintain a consistent market.

Federal Register, Volume 82 Issue 236 (Monday, December 11, 2017)
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Proposed Rules]
[Pages 58164-58166]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26577]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170818784-7784-01]
RIN 0648-XF641


Fisheries of the Northeastern United States; Atlantic Surfclam 
and Ocean Quahog Fishery; Proposed 2018-2020 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 2018 and projected status quo 
quotas for 2019 and 2020. 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 2018 fishing year. The intended effect of 
this action is to provide benefit to the industry from stable quotas to 
maintain a consistent market.

DATES: Comments must be received by December 26, 2017.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2017-0118, 
by any of the following methods:
     Federal e-Rulemaking Portal. Go to www.regulations.gov, 
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 2018-2020 Surflcam/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 part of the 
public record and will generally be posted to www.regulations.gov 
without change. All Personal Identifying Information (for example, 
name, address, etc.)

[[Page 58165]]

voluntarily submitted by the commenter may be publically accessible. Do 
not submit confidential business information or otherwise sensitive or 
protected information. 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 Request (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.

FOR FURTHER INFORMATION CONTACT: Erin Wilkinson, Fishery Management 
Specialist, 301-427-8561.

SUPPLEMENTARY INFORMATION:  The Atlantic Surfclam and Ocean Quahog 
Fishery Management Plan (FMP) requires that NMFS, in consultation with 
the Mid-Atlantic Fishery Management Council, specify quotas for 
surfclam and ocean quahog for up to a three-year period, with annual 
review. It is the policy of the Council that the catch limit selected 
allow for 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 impact 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 3.52 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 authority 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.
    In June 2017, the Council voted to recommend maintaining for 2018-
2020 the status quo quota levels of 5.33 million bu (288 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.
    We propose to implement the Council's recommended specifications 
for 2018 and project that the Council's recommended specifications for 
2019 and 2020 will be implemented in those years. Because the Council 
will review available information in the interim years and adjustments 
to quotas may occur to account for annual catch limit (ACL) overages, 
the 2019 and 2020 quotas proposed are considered the projected 
specifications. We will provide notice in the Federal Register before 
the 2019 and 2020 fishing years announcing the final quotas being 
implemented.
    Tables 1 and 2 show proposed and projected quotas for the 2018-2020 
Atlantic surfclam and ocean quahog fishery.

                                  Table 1--Proposed Atlantic Surfclam Measures
----------------------------------------------------------------------------------------------------------------
                                                Atlantic surfclam
-----------------------------------------------------------------------------------------------------------------
                                   Allowable
                                  biological     Annual catch    Annual catch
             Year                 catch (ABC)     limit (ACL)    target (ACT)           Commercial quota
                                     (mt)            (mt)            (mt)
----------------------------------------------------------------------------------------------------------------
2017 (current)................          44,469          44,469          29,364  3.4 million bushels (181 million
                                                                                 L).
2018..........................          29,363          29,363          29,363  3.4 million bushels (181 million
                                                                                 L).
2019-2020 (Projected).........          29,363          29,363          29,363  3.4 million bushels (181 million
                                                                                 L).
----------------------------------------------------------------------------------------------------------------


                                     Table 2--Proposed Ocean Quahog Measures
----------------------------------------------------------------------------------------------------------------
                                                  Ocean quahog
-----------------------------------------------------------------------------------------------------------------
             Year                  ABC (mt)        ACL (mt)        ACT (mt)             Commercial quota
----------------------------------------------------------------------------------------------------------------
2017 (current)................          26,100          26,100          26,035  Maine quota: 100,000 Maine bu
                                                                                 (3.52 million L) Non-Maine
                                                                                 quota: 5.33 million bu (288
                                                                                 million L).
2018..........................          44,695          44,695          25,924  Maine quota: 100,000 Maine bu
                                                                                 (3.52 million L) Non-Maine
                                                                                 quota: 5.33 million bu (288
                                                                                 million L).
2019 (Projected)..............          46,146          46,146          25,924  Maine quota: 100,000 Maine bu
                                                                                 (3.52 million L) Non-Maine
                                                                                 quota: 5.33 million bu (288
                                                                                 million L).
2020 (Projected)..............          45,783          45,783          25,924  Maine quota: 100,000 Maine bu
                                                                                 (3.52 million L) Non-Maine
                                                                                 quota: 5.33 million bu (288
                                                                                 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. The 2018-
2020 quotas are nearly identical (within 100 mt) to those implemented 
in the 2014-2016 specifications, which were carried over for 2017.

[[Page 58166]]

Surfclam

    The proposed 2018-2020 status quo surfclam quota was developed in 
June 2017 after reviewing the results of the Northeast Regional Stock 
Assessment Workshop (SAW) 61 for Atlantic surfclam. The surfclam quota 
recommendation is consistent with the SAW 61 finding that the Atlantic 
surfclam stock is not overfished, and overfishing is not 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 2018-2020 (see table 1).

Ocean Quahog

    Consistent with the Council recommendation, we are proposing the 
following for ocean quahog. The proposed 2018-2020 non-Maine quota for 
ocean quahog is the status quo quota of 5.33 million bu (288 million 
L).
    The 2018-2020 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.

Surfclam Minimum Size

    In June 2017, the Council voted to recommend that the minimum size 
limit for surfclams continue to be suspended for 2018. The minimum size 
limit has been suspended annually since 2005. Minimum size suspension 
may not 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 2017 were analyzed to determine the 
percentage of surfclams that were smaller than the minimum size 
requirement. The analysis indicated that 10.4 percent of the overall 
commercial landings, to date, were composed of surfclams that were less 
than the 4.75-inch (120-mm) default minimum size. 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, 2018).

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.
    This proposed rule is not expected to be an E.O. 13771 regulatory 
action because this proposed rule is not significant under 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 have a 
significant economic impact on a substantial number of small entities. 
The factual basis for this certification is as follows:
    For Regulatory Flexibility Analysis purposes only, NMFS has 
established a uniform size standard for small businesses, including 
their affiliates, whose primary industry is commercial fishing (see 50 
CFR 200.2). A business primarily engaged in commercial fishing 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 of less than $11 million 
for all its affiliated operations worldwide. In 2016, 349 fishing firms 
held at least one surfclam or ocean quahog permit. Using the $11 
million cutoff for firms, there are 341 entities that are small and 8 
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 the ocean quahog fishery. There are 24 active fishing 
firms, of which 22 are small entities and 2 are large entities.
    Because the proposed quotas are status quo, the action would have 
no impacts on the way the fishery operates. These measures are expected 
to provide similar fishing opportunities in 2018-2020 when compared to 
earlier years. As such, revenue changes are not expected in 2018-2020 
when compared to landings and revenues in 2017. Therefore, adoption of 
the proposed specifications are not expected to have impacts on 
entities participating in the fishery if landings are similar to those 
that occurred in 2017.
    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: December 6, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Progams, National 
Marine Fisheries Service.
[FR Doc. 2017-26577 Filed 12-8-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                 58164                  Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Proposed Rules

                                                    h. These totals simply sum the criteria in each column. For aquatic life, there are 23 priority toxic pollutants with some type of freshwater or saltwater, acute or
                                                 chronic criteria. For human health, there are 92 priority toxic pollutants with either ‘‘water + organism’’ or ‘‘organism only’’ criteria. Note that these totals count chro-
                                                 mium as one pollutant even though EPA has developed criteria based on two valence states. In the matrix, EPA has assigned numbers 5a and 5b to the criteria for
                                                 chromium to reflect the fact that the list of 126 priority pollutants includes only a single listing for chromium.
                                                    i. Criteria for these metals are expressed as a function of the water-effect ratio, WER, as defined in paragraph (c) of this section. CMC = column B1 or C1 value ×
                                                 WER; CCC = column B2 or C2 value × WER.
                                                    j. No criterion for protection of human health from consumption of aquatic organisms (excluding water) was presented in the 1980 criteria document or in the 1986
                                                 Quality Criteria for Water. Nevertheless, sufficient information was presented in the 1980 document to allow a calculation of a criterion, even though the results of
                                                 such a calculation were not shown in the document.
                                                    k. The CWA 304(a) criterion for asbestos is the MCL.
                                                    l. [Reserved]
                                                    m. These freshwater and saltwater criteria for metals are expressed in terms of the dissolved fraction of the metal in the water column. Criterion values were cal-
                                                 culated by using EPA’s Clean Water Act 304(a) guidance values (described in the total recoverable fraction) and then applying the conversion factors in
                                                 § 131.36(b)(1) and (2).
                                                    n. EPA is not promulgating human health criteria for these contaminants. However, permit authorities should address these contaminants in NPDES permit actions
                                                 using the State’s existing narrative criteria for toxics.
                                                    o. These criteria were promulgated for specific waters in California in the National Toxics Rule (‘‘NTR’’), at § 131.36. The specific waters to which the NTR criteria
                                                 apply include: Waters of the State defined as bays or estuaries and waters of the State defined as inland, i.e., all surface waters of the State not ocean waters. These
                                                 waters specifically include the San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin Delta. This section does not apply instead
                                                 of the NTR for this criterion.
                                                    p. A criterion of 20 ug/l was promulgated for specific waters in California in the NTR and was promulgated in the total recoverable form. The specific waters to
                                                 which the NTR criterion applies include: Waters of the San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin Delta; and waters
                                                 of Salt Slough, Mud Slough (north) and the San Joaquin River, Sack Dam to the mouth of the Merced River. This section does not apply instead of the NTR for this
                                                 criterion. The State of California adopted and EPA approved a site specific criterion for the San Joaquin River, mouth of Merced to Vernalis; therefore, this section
                                                 does not apply to these waters.
                                                    q. This criterion is expressed in the total recoverable form. This criterion was promulgated for specific waters in California in the NTR and was promulgated in the
                                                 total recoverable form. The specific waters to which the NTR criterion applies include: Waters of the San Francisco Bay upstream to and including Suisun Bay and
                                                 the Sacramento-San Joaquin Delta; and waters of Salt Slough, Mud Slough (north) and the San Joaquin River, Sack Dam to Vernalis. This criterion does not apply
                                                 instead of the NTR for these waters. This criterion applies to additional waters of the United States in the State of California pursuant to 40 CFR 131.38(c). The State
                                                 of California adopted and EPA approved a site-specific criterion for the Grassland Water District, San Luis National Wildlife Refuge, and the Los Banos State Wildlife
                                                 Refuge; therefore, this criterion does not apply to these waters.
                                                    r. These criteria were promulgated for specific waters in California in the NTR. The specific waters to which the NTR criteria apply include: Waters of the State de-
                                                 fined as bays or estuaries including the Sacramento-San Joaquin Delta within California Regional Water Board 5, but excluding the San Francisco Bay. This section
                                                 does not apply instead of the NTR for these criteria.
                                                    s. These criteria were promulgated for specific waters in California in the NTR. The specific waters to which the NTR criteria apply include: Waters of the Sac-
                                                 ramento-San Joaquin Delta and waters of the State defined as inland (i.e., all surface waters of the State not bays or estuaries or ocean) that include a MUN use
                                                 designation. This section does not apply instead of the NTR for these criteria.
                                                    t. These criteria were promulgated for specific waters in California in the NTR. The specific waters to which the NTR criteria apply include: Waters of the State de-
                                                 fined as bays and estuaries including San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin Delta; and waters of the State de-
                                                 fined as inland (i.e., all surface waters of the State not bays or estuaries or ocean) without a MUN use designation. This section does not apply instead of the NTR
                                                 for these criteria.
                                                    u. PCBs are a class of chemicals which include aroclors 1242, 1254, 1221, 1232, 1248, 1260, and 1016, CAS numbers 53469219, 11097691, 11104282,
                                                 11141165, 12672296, 11096825, and 12674112, respectively. The aquatic life criteria apply to the sum of this set of seven aroclors.
                                                    v. This criterion applies to total PCBs, e.g., the sum of all congener or isomer or homolog or aroclor analyses.
                                                    w. This criterion has been recalculated pursuant to the 1995 Updates: Water Quality Criteria Documents for the Protection of Aquatic Life in Ambient Water, Office
                                                 of Water, EPA–820–B–96–001, September 1996. See also Great Lakes Water Quality Initiative Criteria Documents for the Protection of Aquatic Life in Ambient
                                                 Water, Office of Water, EPA–80–B–95–004, March 1995.
                                                    x. The State of California has adopted and EPA has approved site-specific criteria for the Sacramento River (and tributaries) above Hamilton City; therefore, these
                                                 criteria do not apply to these waters.
                                                    y. The State of California adopted and EPA approved a site-specific criterion for New Alamo Creek from Old Alamo Creek to Ulatis Creek and for Ulatis Creek from
                                                 Alamo Creek to Cache Slough; therefore, this criterion does not apply to these waters.
                                                    z. The State of California adopted and EPA approved a site-specific criterion for the Los Angeles River and its tributaries; therefore, this criterion does not apply to
                                                 these waters.
                                                    General Notes to Table in Paragraph (b)(1)
                                                    1. The table in this paragraph (b)(1) lists all of EPA’s priority toxic pollutants whether or not criteria guidance are available. Blank spaces indicate the absence of
                                                 national section 304(a) criteria guidance. Because of variations in chemical nomenclature systems, this listing of toxic pollutants does not duplicate the listing in ap-
                                                 pendix A to 40 CFR part 423–126 Priority Pollutants. EPA has added the Chemical Abstracts Service (CAS) registry numbers, which provide a unique identification
                                                 for each chemical.
                                                    2. The following chemicals have organoleptic-based criteria recommendations that are not included on this chart: zinc, 3-methyl-4-chlorophenol.
                                                    3. Freshwater and saltwater aquatic life criteria apply as specified in paragraph (c)(3) of this section.


                                                 *      *       *       *      *                                 Proposed rule; request for
                                                                                                           ACTION:                                                       • Federal e-Rulemaking Portal. Go to
                                                 [FR Doc. 2017–25706 Filed 12–8–17; 8:45 am]               comments.                                                  www.regulations.gov, click the
                                                 BILLING CODE 6560–50–P                                                                                               ‘‘Comment Now!’’ icon, complete the
                                                                                                           SUMMARY:   NMFS proposes status quo                        required fields, and enter or attach your
                                                                                                           commercial quotas for the Atlantic                         comments.
                                                                                                           surfclam and ocean quahog fisheries for                       • Mail: Submit written comments to
                                                 DEPARTMENT OF COMMERCE                                    2018 and projected status quo quotas for                   John K. Bullard, Regional
                                                                                                           2019 and 2020. This action is necessary                    Administrator, NMFS, Greater Atlantic
                                                 National Oceanic and Atmospheric
                                                                                                           to establish allowable harvest levels of                   Regional Fisheries Office, 55 Great
                                                 Administration
                                                                                                           Atlantic surfclams and ocean quahogs                       Republic Drive, Gloucester, MA 01930.
                                                                                                           that will prevent overfishing and allow                    Mark the outside of the envelope:
                                                 50 CFR Part 648
                                                                                                           harvesting of optimum yield. This                          ‘‘Comments on the 2018–2020
                                                 [Docket No. 170818784–7784–01]                            action would also continue to suspend                      Surflcam/Ocean Quahog
                                                                                                           the minimum shell size for Atlantic                        Specifications.’’
                                                 RIN 0648–XF641                                            surfclams for the 2018 fishing year. The
                                                                                                           intended effect of this action is to                          Instructions: Comments sent by any
                                                 Fisheries of the Northeastern United                      provide benefit to the industry from                       other method, to any other address or
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 States; Atlantic Surfclam and Ocean                       stable quotas to maintain a consistent                     individual, or received after the end of
                                                 Quahog Fishery; Proposed 2018–2020                        market.                                                    the comment period may not be
                                                 Fishing Quotas                                                                                                       considered by NMFS. All comments
                                                                                                           DATES:  Comments must be received by                       received are part of the public record
                                                 AGENCY:  National Marine Fisheries                        December 26, 2017.                                         and will generally be posted to
                                                 Service (NMFS), National Oceanic and                      ADDRESSES: You may submit comments,                        www.regulations.gov without change.
                                                 Atmospheric Administration (NOAA),                        identified by NOAA–NMFS–2017–0118,                         All Personal Identifying Information (for
                                                 Commerce.                                                 by any of the following methods:                           example, name, address, etc.)


                                            VerDate Sep<11>2014     17:10 Dec 08, 2017   Jkt 244001   PO 00000   Frm 00032    Fmt 4702   Sfmt 4702   E:\FR\FM\11DEP1.SGM       11DEP1


                                                                            Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Proposed Rules                                             58165

                                                 voluntarily submitted by the commenter                      sustainable fishing to continue at that               stock assessments and other relevant
                                                 may be publically accessible. Do not                        level for at least 10 years for surfclams,            scientific information.
                                                 submit confidential business                                and 30 years for ocean quahogs. In                       In June 2017, the Council voted to
                                                 information or otherwise sensitive or                       addition to this, the Council policy also             recommend maintaining for 2018–2020
                                                 protected information. NMFS will                            considers the economic impact of the                  the status quo quota levels of 5.33
                                                 accept anonymous comments (enter ‘‘N/                       quotas. Regulations implementing                      million bu (288 million L) for the ocean
                                                 A’’ in the required fields if you wish to                   Amendment 10 to the FMP (63 FR                        quahog fishery, 3.40 million bu (181
                                                 remain anonymous). Attachments to                           27481; May 19, 1998) added Maine                      million L) for the Atlantic surfclam
                                                 electronic comments will be accepted in                     ocean quahogs (locally known as Maine                 fishery, and 100,000 Maine bu (3.52
                                                 Microsoft Word, Excel, or Adobe PDF                         mahogany quahogs) to the management                   million L) for the Maine ocean quahog
                                                 file formats only.                                          unit and provided for a small artisanal               fishery.
                                                    Copies of the Environmental                              fishery for ocean quahogs in the waters
                                                 Assessment (EA), Supplemental                               north of 43°50′ N. lat, with an annual                   We propose to implement the
                                                 Information Request (SIR), and other                        quota within a range of 17,000 to                     Council’s recommended specifications
                                                 supporting documents for these                              100,000 Maine bu (0.6 to 3.52 million                 for 2018 and project that the Council’s
                                                 proposed specifications are available                       L). As specified in Amendment 10, the                 recommended specifications for 2019
                                                 from the Mid-Atlantic Fishery                               Maine ocean quahog quota is allocated                 and 2020 will be implemented in those
                                                 Management Council, 800 North State                         separately from the quota specified for               years. Because the Council will review
                                                 Street, Suite 201, Dover, DE 19901.                         the ocean quahog fishery. Regulations                 available information in the interim
                                                 FOR FURTHER INFORMATION CONTACT: Erin                       implementing Amendment 13 to the                      years and adjustments to quotas may
                                                 Wilkinson, Fishery Management                               FMP (68 FR 69970; December 16, 2003)                  occur to account for annual catch limit
                                                 Specialist, 301–427–8561.                                   established the authority to propose                  (ACL) overages, the 2019 and 2020
                                                 SUPPLEMENTARY INFORMATION: The                              multi-year quotas with an annual quota                quotas proposed are considered the
                                                 Atlantic Surfclam and Ocean Quahog                          review to be conducted by the Council                 projected specifications. We will
                                                 Fishery Management Plan (FMP)                               to determine if the multi-year quota                  provide notice in the Federal Register
                                                 requires that NMFS, in consultation                         specifications remain appropriate for                 before the 2019 and 2020 fishing years
                                                 with the Mid-Atlantic Fishery                               each year. NMFS then publishes the                    announcing the final quotas being
                                                 Management Council, specify quotas for                      annual final quotas in the Federal                    implemented.
                                                 surfclam and ocean quahog for up to a                       Register. The fishing quotas must                        Tables 1 and 2 show proposed and
                                                 three-year period, with annual review. It                   ensure overfishing will not occur. In                 projected quotas for the 2018–2020
                                                 is the policy of the Council that the                       recommending these quotas, the                        Atlantic surfclam and ocean quahog
                                                 catch limit selected allow for                              Council considered the most recent                    fishery.

                                                                                                   TABLE 1—PROPOSED ATLANTIC SURFCLAM MEASURES
                                                                                                                               Atlantic surfclam

                                                                                      Allowable         Annual catch      Annual catch
                                                                                      biological
                                                              Year                                       limit (ACL)      target (ACT)                                 Commercial quota
                                                                                     catch (ABC)             (mt)             (mt)
                                                                                         (mt)

                                                 2017 (current) .............              44,469              44,469              29,364    3.4 million bushels (181 million L).
                                                 2018 ............................         29,363              29,363              29,363    3.4 million bushels (181 million L).
                                                 2019–2020 (Projected)                     29,363              29,363              29,363    3.4 million bushels (181 million L).


                                                                                                        TABLE 2—PROPOSED OCEAN QUAHOG MEASURES
                                                                                                                               Ocean quahog

                                                                                        ABC                 ACL                 ACT
                                                              Year                                                                                                     Commercial quota
                                                                                        (mt)                (mt)                (mt)

                                                 2017 (current) .............              26,100              26,100              26,035    Maine quota: 100,000 Maine bu       (3.52 million L) Non-Maine quota:
                                                                                                                                              5.33 million bu (288 million L).
                                                 2018 ............................         44,695              44,695              25,924    Maine quota: 100,000 Maine bu       (3.52 million L) Non-Maine quota:
                                                                                                                                              5.33 million bu (288 million L).
                                                 2019 (Projected) .........                46,146              46,146              25,924    Maine quota: 100,000 Maine bu       (3.52 million L) Non-Maine quota:
                                                                                                                                              5.33 million bu (288 million L).
                                                 2020 (Projected) .........                45,783              45,783              25,924    Maine quota: 100,000 Maine bu       (3.52 million L) Non-Maine quota:
                                                                                                                                              5.33 million bu (288 million L).
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                    The Atlantic surfclam and ocean                          same species as ocean quahogs, both                   the entire stock. The 2018–2020 quotas
                                                 quahog quotas are specified in                              fisheries are assessed under the same                 are nearly identical (within 100 mt) to
                                                 ‘‘industry’’ bushels of 1.88 ft3 (53.24 L)                  overfishing definition. When the two                  those implemented in the 2014–2016
                                                 per bushel, while the Maine ocean                           quota amounts (ocean quahog and                       specifications, which were carried over
                                                 quahog quota is specified in Maine                          Maine ocean quahog) are added, the                    for 2017.
                                                 bushels of 1.24 ft3 (35.24 L) per bushel.                   total allowable harvest is below the
                                                 Because Maine ocean quahogs are the                         level that would result in overfishing for



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                                                 58166                Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Proposed Rules

                                                 Surfclam                                                landings, to date, were composed of                   combined annual receipts of less than
                                                   The proposed 2018–2020 status quo                     surfclams that were less than the 4.75-               $11 million for all its affiliated
                                                 surfclam quota was developed in June                    inch (120-mm) default minimum size.                   operations worldwide. In 2016, 349
                                                 2017 after reviewing the results of the                 Based on the information available, the               fishing firms held at least one surfclam
                                                 Northeast Regional Stock Assessment                     Regional Administrator concurs with                   or ocean quahog permit. Using the $11
                                                 Workshop (SAW) 61 for Atlantic                          the Council’s recommendation, and is                  million cutoff for firms, there are 341
                                                 surfclam. The surfclam quota                            proposing to suspend the minimum size                 entities that are small and 8 that are
                                                 recommendation is consistent with the                   limit for Atlantic surfclams in the                   large. In order to provide a more
                                                 SAW 61 finding that the Atlantic                        upcoming fishing year (January 1                      accurate count and description of the
                                                 surfclam stock is not overfished, and                   through December 31, 2018).                           small directly regulated entities,
                                                 overfishing is not occurring. Based on                  Classification                                        landings data were evaluated to select
                                                 this information, the Council is                                                                              only firms that were active in either the
                                                                                                            Pursuant to section 304(b)(1)(A) of the            surfclam or the ocean quahog fishery.
                                                 recommending, and NMFS is proposing,                    Magnuson-Stevens Act, the Assistant
                                                 to maintain the status quo surfclam                                                                           There are 24 active fishing firms, of
                                                                                                         Administrator for Fisheries, NOAA, has                which 22 are small entities and 2 are
                                                 quota of 3.40 million bu (181 million L)                determined that this proposed rule is
                                                 for 2018–2020 (see table 1).                                                                                  large entities.
                                                                                                         consistent with the Atlantic Surfclam
                                                                                                         and Ocean Quahog FMP, other                              Because the proposed quotas are
                                                 Ocean Quahog
                                                                                                         provisions of the Magnuson-Stevens                    status quo, the action would have no
                                                   Consistent with the Council                           Act, and other applicable law, subject to             impacts on the way the fishery operates.
                                                 recommendation, we are proposing the                    further consideration after public                    These measures are expected to provide
                                                 following for ocean quahog. The                         comment.                                              similar fishing opportunities in 2018–
                                                 proposed 2018–2020 non-Maine quota                         This action does not introduce any                 2020 when compared to earlier years.
                                                 for ocean quahog is the status quo quota                new reporting, recordkeeping, or other                As such, revenue changes are not
                                                 of 5.33 million bu (288 million L).                     compliance requirements. This                         expected in 2018–2020 when compared
                                                   The 2018–2020 proposed quota for                      proposed rule does not duplicate,                     to landings and revenues in 2017.
                                                 Maine ocean quahogs is the status quo                   overlap, or conflict with other Federal               Therefore, adoption of the proposed
                                                 level of 100,000 Maine bu (3.52 million                 rules.                                                specifications are not expected to have
                                                 L). The proposed quota represents the                      This proposed rule is exempt from the              impacts on entities participating in the
                                                 maximum allowable quota under the                       requirements of E.O. 12866.                           fishery if landings are similar to those
                                                 FMP.                                                       This proposed rule is not expected to              that occurred in 2017.
                                                 Surfclam Minimum Size                                   be an E.O. 13771 regulatory action                       Maintaining the suspension of the
                                                                                                         because this proposed rule is not                     surfclam minimum shell length
                                                   In June 2017, the Council voted to                    significant under E.O. 12866.
                                                 recommend that the minimum size limit                                                                         requirement would result in no change
                                                                                                            The Chief Counsel for Regulation of                when compared to 2014–2016. The
                                                 for surfclams continue to be suspended                  the Department of Commerce certified
                                                 for 2018. The minimum size limit has                                                                          minimum shell length requirement has
                                                                                                         to the Chief Counsel for Advocacy of the              been suspended each year since 2005.
                                                 been suspended annually since 2005.                     Small Business Administration that this
                                                 Minimum size suspension may not be                                                                            The proposed action would have no
                                                                                                         proposed rule, if adopted, would not
                                                 taken unless discard, catch, and                                                                              impact on the way the fishery operates,
                                                                                                         have a significant economic impact on
                                                 biological sampling data indicate that 30                                                                     and is not expected to
                                                                                                         a substantial number of small entities.
                                                 percent or more of the Atlantic surfclam                                                                      disproportionately affect small entities.
                                                                                                         The factual basis for this certification is
                                                 resource have a shell length less than                  as follows:                                              As a result, an initial regulatory
                                                 4.75 inches (120 mm), and the overall                      For Regulatory Flexibility Analysis                flexibility analysis is not required and
                                                 reduced size is not attributable to                     purposes only, NMFS has established a                 none has been prepared.
                                                 harvest from beds where growth of the                   uniform size standard for small                         Authority: 16 U.S.C. 1801 et seq.
                                                 individual clams has been reduced                       businesses, including their affiliates,
                                                 because of density-dependent factors.                   whose primary industry is commercial                    Dated: December 6, 2017.
                                                   Commercial surfclam data for 2017                     fishing (see 50 CFR 200.2). A business                Alan D. Risenhoover,
                                                 were analyzed to determine the                          primarily engaged in commercial fishing               Acting Deputy Assistant Administrator for
                                                 percentage of surfclams that were                       is classified as a small business if it is            Regulatory Progams, National Marine
                                                 smaller than the minimum size                           independently owned and operated, is                  Fisheries Service.
                                                 requirement. The analysis indicated that                not dominant in its field of operation                [FR Doc. 2017–26577 Filed 12–8–17; 8:45 am]
                                                 10.4 percent of the overall commercial                  (including its affiliates), and has                   BILLING CODE 3510–22–P
daltland on DSKBBV9HB2PROD with PROPOSALS




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Document Created: 2017-12-09 01:49:37
Document Modified: 2017-12-09 01:49:37
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 26, 2017.
ContactErin Wilkinson, Fishery Management Specialist, 301-427-8561.
FR Citation82 FR 58164 
RIN Number0648-XF64

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