83 FR 5212 - Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; 2018-2020 Fishing Quotas
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 25 (February 6, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 25 (February 6, 2018)
| Page Range | 5212-5214 | |
| FR Document | 2018-02321 |
[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)] [Rules and Regulations] [Pages 5212-5214] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02321] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170818784-8080-02] RIN 0648-XF641 Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; 2018-2020 Fishing Quotas AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule implements 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 also continues 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: This rule is effective March 8, 2018, through December 31, 2018. ADDRESSES: Copies of the Environmental Assessment (EA), Supplemental Information Request (SIR), and other supporting documents for these 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: 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. As further discussed below, NMFS received six comments on the proposed rule (82 FR 58164) published on December 11, 2017. Additional detail on the Council's recommendations and background on the surfclam and ocean quahog specifications is provided in the proposed rule and not repeated here. 2018 and Projected 2019-2020 Specifications Tables 1 and 2 show quotas for 2018 and projected quotas for the 2019-2020 Atlantic surfclam and ocean quahog fishery. NMFS will publish a notice in the Federal Register before the 2019 and 2020 fishing years notifying the public of the final quota for each year. [[Page 5213]] Table 1--2018 and Projected 2019-2020 Atlantic Surfclam Measures -------------------------------------------------------------------------------------------------------------------------------------------------------- Allowable biological Annual catch Annual catch Year catch (ABC) limit (ACL) target (ACT) Commercial quota (mt) (mt) (mt) -------------------------------------------------------------------------------------------------------------------------------------------------------- Atlantic surfclam -------------------------------------------------------------------------------------------------------------------------------------------------------- 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--2018 and Projected 2019-2020 Ocean Quahog Measures -------------------------------------------------------------------------------------------------------------------------------------------------------- Year ABC (mt) ACL (mt) ACT (mt) Commercial quota -------------------------------------------------------------------------------------------------------------------------------------------------------- Ocean quahog -------------------------------------------------------------------------------------------------------------------------------------------------------- 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. Surfclam The Atlantic surfclam stock is not overfished, and overfishing is not occurring. This rule maintains the status quo surfclam quota of 3.40 million bu (181 million L) for 2018 and projects that same quota for 2019 and 2020 (see table 1). Ocean Quahog The 2018 non-Maine quota for ocean quahog is the status quo quota of 5.33 million bu (288 million L). The 2018 quota for Maine ocean quahogs is the status quo level of 100,000 Maine bu (3.52 million L). The quota represents the maximum allowable quota under the FMP. NMFS projects that these quota levels will be maintained for the 2019 and 2020 ocean quahog fisheries. Surfclam Minimum Size The minimum size limit has been suspended annually since 2005. Minimum size limit may not be suspended unless discard, catch, and biological sampling data indicate that 30 percent or less 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 minimum size limit for Atlantic surfclams is suspended in the upcoming fishing year (January 1 through December 31, 2018). The Council will re-evaluate if the minimum size should be suspended for 2019 and 2020 prior to each of those fishing years. NMFS will notify the public if the minimum size is suspended for those fishing years. Comments We received six comments on the proposed rule; one from the general public and five from industry representatives. One comment from the public was not relevant to the rulemaking. All other comments are in support of the quotas and size suspension in the proposed rule. Some comments received from industry expressed concern that an overfishing limit (OFL) for surfclams has not been specified. A reported OFL estimate for surfclams was considered highly uncertain, and deemed in the assessment report to be unreliable. Absolute estimates of fishing mortality rate or current stock size were not endorsed by collective scientists conducting the assessment or the assessment peer review panel, so no OFL was estimated. Some comments from industry were also concerned that the lack of an OFL means that the Council was not able to develop an Allowable Biological Catch (ABC) for surfclam using its standard approach. The Council's Scientific and Statistical Committee recommended an ABC of 29,363 mt, which was adopted by the Council. This ABC is based on a commercial quota of 26,218 mt and 12 percent incidental mortality. This catch level has been sustained by the stock historically, and has prevented [[Page 5214]] overfishing and kept the stock from becoming overfished. This final rule maintains status quo quotas and the minimum surfclam size is suspended for 2018. Changes From Proposed to Final Rule There are no changes from the proposed to final rule. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the Assistant Administrator for Fisheries, NOAA, has determined that this rule is consistent with the Atlantic Surfclam and Ocean Quahog FMP, other provisions of the Magnuson-Stevens Act, and other applicable law. This action does not introduce any new reporting, recordkeeping, or other compliance requirements. This rule does not duplicate, overlap, or conflict with other Federal rules. This rule is exempt from the requirements of E.O. 12866. This rule is not expected to be an E.O. 13771 regulatory action because this 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 during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for this certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. Authority: 16 U.S.C. 1801 et seq. Dated: February 1, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-02321 Filed 2-5-18; 8:45 am] BILLING CODE 3510-22-P
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through August, and vessels are still List of Subjects in 50 CFR Part 622 SUMMARY: This final rule implements
limited to 750 hooks rigged for fishing. Bottom longline gear, Fisheries, status quo commercial quotas for the
Fishing, Gulf of Mexico, Reef fish. Atlantic surfclam and ocean quahog
Classification
fisheries for 2018 and projected status
The Regional Administrator, Dated: February 1, 2018. quo quotas for 2019 and 2020. This
Southeast Region, NMFS has Samuel D. Rauch, III, action is necessary to establish
determined that this final rule is Deputy Assistant Administrator for allowable harvest levels of Atlantic
consistent with the framework action, Regulatory Programs, National Marine surfclams and ocean quahogs that will
the FMP, the Magnuson-Stevens Act, Fisheries Service. prevent overfishing and allow
and other applicable law. For the reasons set out in the harvesting of optimum yield. This
This final rule has been determined to preamble, 50 CFR part 622 is to be action also continues to suspend the
be not significant for purposes of minimum shell size for Atlantic
amended as follows:
Executive Order 12866. surfclams for the 2018 fishing year. The
This final rule is considered a PART 622—FISHERIES OF THE intended effect of this action is to
deregulatory action under Executive CARIBBEAN, GULF OF MEXICO, AND provide benefit to the industry from
Order 13771. SOUTH ATLANTIC stable quotas to maintain a consistent
The Magnuson-Stevens Act provides
market.
the statutory basis for this rule. No ■ 1. The authority citation for part 622
duplicative, overlapping, or conflicting continues to read as follows: DATES: This rule is effective March 8,
Federal rules have been identified. In 2018, through December 31, 2018.
Authority: 16 U.S.C. 1801 et seq.
addition, no new reporting, record-
keeping, or other compliance ■ 2. In § 622.35, revise the first sentence ADDRESSES: Copies of the
requirements are introduced by this of paragraph (b)(3) to read as follows: Environmental Assessment (EA),
final rule. Supplemental Information Request
The Chief Counsel for Regulation of § 622.35 Gear restricted areas. (SIR), and other supporting documents
the Department of Commerce certified * * * * * for these specifications are available
to the Chief Counsel for Advocacy of the (b) * * * from the Mid-Atlantic Fishery
Small Business Administration during (3) Within the Gulf EEZ east of 85°30′ Management Council, 800 North State
the proposed rule stage that this rule W long., a vessel for which a valid Street, Suite 201, Dover, DE 19901.
would not have a significant adverse eastern Gulf reef fish bottom longline FOR FURTHER INFORMATION CONTACT: Erin
economic impact on a substantial endorsement has been issued that is Wilkinson, Fishery Management
number of small entities. The factual fishing bottom longline gear or has Specialist, 301–427–8561.
basis for this determination was bottom longline gear on board cannot
published in the proposed rule and is possess more than 750 hooks rigged for SUPPLEMENTARY INFORMATION: In June
not repeated here. No public comments fishing at any given time. * * * 2017, the Council voted to recommend
were made related to the economic * * * * * maintaining for 2018–2020 the status
implications and potential impacts on [FR Doc. 2018–02314 Filed 2–5–18; 8:45 am] quo quota levels of 5.33 million bu (288
small businesses. As a result, a final BILLING CODE 3510–22–P
million L) for the ocean quahog fishery,
regulatory flexibility analysis was not 3.40 million bu (181 million L) for the
required and none was prepared. Atlantic surfclam fishery, and 100,000
This rule is exempt from the DEPARTMENT OF COMMERCE Maine bu (3.52 million L) for the Maine
requirement to delay the effectiveness of ocean quahog fishery. As further
a final rule by 30 days after publication National Oceanic and Atmospheric discussed below, NMFS received six
in the Federal Register, under 5 U.S.C. Administration comments on the proposed rule (82 FR
553(d)(1), because the measure 58164) published on December 11,
implemented by this final rule relieves 50 CFR Part 648 2017. Additional detail on the Council’s
a restriction on the regulated recommendations and background on
[Docket No. 170818784–8080–02]
community. Specifically, this rule the surfclam and ocean quahog
removes the restriction on the number RIN 0648–XF641 specifications is provided in the
of unrigged hooks that a commercial proposed rule and not repeated here.
reef fish vessel with a bottom longline Fisheries of the Northeastern United
States; Atlantic Surfclam and Ocean 2018 and Projected 2019–2020
endorsement is allowed on board. This Specifications
is expected to improve fishers’ ability to Quahog Fishery; 2018–2020 Fishing
maintain the maximum number of Quotas Tables 1 and 2 show quotas for 2018
rigged hooks over the duration of a trip AGENCY: National Marine Fisheries and projected quotas for the 2019–2020
and to make trips more economical by Service (NMFS), National Oceanic and Atlantic surfclam and ocean quahog
allowing fishing with the maximum Atmospheric Administration (NOAA), fishery. NMFS will publish a notice in
number of hooks to continue without Commerce. the Federal Register before the 2019 and
having to return to port or request 2020 fishing years notifying the public
ACTION: Final rule.
additional hooks from other vessels. of the final quota for each year.
daltland on DSKBBV9HB2PROD with RULES
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overfishing and kept the stock from DEPARTMENT OF COMMERCE NMFS (Regional Administrator) has
becoming overfished. determined that the A season allowance
National Oceanic and Atmospheric of the 2018 Pacific cod TAC
This final rule maintains status quo
Administration apportioned to vessels using pot gear in
quotas and the minimum surfclam size
is suspended for 2018. the Western Regulatory Area of the GOA
50 CFR Part 679 will soon be reached. Therefore, the
Changes From Proposed to Final Rule [Docket No. 160920866–7167–02] Regional Administrator is establishing a
directed fishing allowance of 1,082 mt
There are no changes from the RIN 0648–XF905 and is setting aside the remaining 10 mt
proposed to final rule. as bycatch to support other anticipated
Fisheries of the Exclusive Economic groundfish fisheries. In accordance with
Classification Zone Off Alaska; Pacific Cod by § 679.20(d)(1)(iii), the Regional
Vessels Using Pot Gear in the Western Administrator finds that this directed
Pursuant to section 304(b)(1)(A) of the
Regulatory Area of the Gulf of Alaska fishing allowance has been reached.
Magnuson-Stevens Act, the Assistant
Administrator for Fisheries, NOAA, has AGENCY: National Marine Fisheries Consequently, NMFS is prohibiting
determined that this rule is consistent Service (NMFS), National Oceanic and directed fishing for Pacific cod by
with the Atlantic Surfclam and Ocean Atmospheric Administration (NOAA), vessels using pot gear in the Western
Quahog FMP, other provisions of the Commerce. Regulatory Area of the GOA. After the
Magnuson-Stevens Act, and other ACTION: Temporary rule; closure. effective date of this closure the
applicable law. maximum retainable amounts at
SUMMARY: NMFS is prohibiting directed § 679.20(e) and (f) apply at any time
This action does not introduce any fishing for Pacific cod by vessels using during a trip.
new reporting, recordkeeping, or other pot gear in the Western Regulatory Area
compliance requirements. This rule Classification
of the Gulf of Alaska (GOA). This action
does not duplicate, overlap, or conflict is necessary to prevent exceeding the A This action responds to the best
with other Federal rules. season allowance of the 2018 Pacific available information recently obtained
This rule is exempt from the cod total allowable catch apportioned to from the fishery. The Assistant
requirements of E.O. 12866. vessels using pot gear in the Western Administrator for Fisheries, NOAA
Regulatory Area of the GOA. (AA), finds good cause to waive the
This rule is not expected to be an E.O. requirement to provide prior notice and
13771 regulatory action because this DATES: Effective 1200 hours, Alaska
local time (A.l.t.), February 1, 2018, opportunity for public comment
rule is not significant under E.O. 12866. pursuant to the authority set forth at 5
through 1200 hours, A.l.t., June 10,
The Chief Counsel for Regulation of 2018. U.S.C. 553(b)(B) as such requirement is
the Department of Commerce certified impracticable and contrary to the public
to the Chief Counsel for Advocacy of the FOR FURTHER INFORMATION CONTACT: Josh interest. This requirement is
Small Business Administration during Keaton, 907–586–7228. impracticable and contrary to the public
the proposed rule stage that this action SUPPLEMENTARY INFORMATION: NMFS interest as it would prevent NMFS from
would not have a significant economic manages the groundfish fishery in the responding to the most recent fisheries
impact on a substantial number of small GOA exclusive economic zone data in a timely fashion and would
entities. The factual basis for this according to the Fishery Management delay the directed fishing closure of
certification was published in the Plan for Groundfish of the Gulf of Pacific cod by vessels using pot gear in
proposed rule and is not repeated here. Alaska (FMP) prepared by the North the Western Regulatory Area of the
Pacific Fishery Management Council GOA. NMFS was unable to publish a
No comments were received regarding
under authority of the Magnuson- notice providing time for public
this certification. As a result, a
Stevens Fishery Conservation and comment because the most recent,
regulatory flexibility analysis was not Management Act. Regulations governing relevant data only became available as
required and none was prepared. fishing by U.S. vessels in accordance of January 31, 2018.
Authority: 16 U.S.C. 1801 et seq. with the FMP appear at subpart H of 50 The AA also finds good cause to
Dated: February 1, 2018. CFR part 600 and 50 CFR part 679. waive the 30-day delay in the effective
Regulations governing sideboard date of this action under 5 U.S.C.
Samuel D. Rauch III,
protections for GOA groundfish 553(d)(3). This finding is based upon
Deputy Assistant Administrator for fisheries appear at subpart B of 50 CFR the reasons provided above for waiver of
Regulatory Programs, National Marine part 680. prior notice and opportunity for public
Fisheries Service. The A season allowance of the 2018 comment.
[FR Doc. 2018–02321 Filed 2–5–18; 8:45 am] Pacific cod total allowable catch (TAC) This action is required by § 679.20
BILLING CODE 3510–22–P apportioned to vessels using pot gear in and is exempt from review under
the Western Regulatory Area of the GOA Executive Order 12866.
is 1,092 metric tons (mt), as established Authority: 16 U.S.C. 1801 et seq.
by the final 2017 and 2018 harvest
specifications for groundfish of the GOA Dated: February 1, 2018.
(82 FR 12032, February 27, 2017) and Emily H. Menashes,
inseason adjustment (82 FR 60327, Acting Director, Office of Sustainable
daltland on DSKBBV9HB2PROD with RULES
December 20, 2017). Fisheries, National Marine Fisheries Service.
In accordance with § 679.20(d)(1)(i), [FR Doc. 2018–02304 Filed 2–1–18; 4:15 pm]
the Administrator, Alaska Region, BILLING CODE 3510–22–P
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Document Created: 2018-02-06 00:30:34
Document Modified: 2018-02-06 00:30:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective March 8, 2018, through December 31, 2018. | |
| Contact | Erin Wilkinson, Fishery Management Specialist, 301-427-8561. | |
| FR Citation | 83 FR 5212 | |
| RIN Number | 0648-XF64 |
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