[Federal Register Volume 61, Number 230 (Wednesday, November 27, 1996)]
[Proposed Rules]
[Page 60254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30263]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 628, 640, 654, 662, and 674
[Docket No. 960314075-6320-05; I.D. 103196A]
RIN 0648-AI16
Atlantic Bluefish Fishery; Spiny Lobster Fishery of the Gulf of
Mexico and South Atlantic; Stone Crab Fishery of the Gulf of Mexico;
Northern Anchovy Fishery; Salmon Fisheries Off the Coast of Alaska;
Removal of Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Withdrawal of proposed rules.
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SUMMARY: NMFS withdraws five proposed rules that would have withdrawn
approval of fishery management plans (FMPs) for the Atlantic bluefish
fishery, the spiny lobster fishery of the Gulf of Mexico and South
Atlantic, the stone crab fishery of the Gulf of Mexico, the northern
anchovy fishery, and the salmon fisheries off the coast of Alaska, and
their implementing regulations. This action is in response to
opposition by Regional Fishery Management Councils (Councils) to the
proposed rules, taking into account a provision in the recently enacted
Sustainable Fisheries Act.
FOR FURTHER INFORMATION CONTACT: George H. Darcy, 301-713-2341.
SUPPLEMENTARY INFORMATION: Consistent with the President's Reinvention
Initiative, NMFS published proposed rules that would have withdrawn the
approval of the Secretary of Commerce (Secretary) for FMPs governing
the Atlantic bluefish fishery (61 FR 13810, March 28, 1996), the spiny
lobster fishery of the Gulf of Mexico and South Atlantic (61 FR 12055,
March 25, 1996), the stone crab fishery of the Gulf of Mexico (61 FR
12056, March 25, 1996), the northern anchovy fishery (61 FR 13148,
March 26, 1996), and the salmon fisheries off the coast of Alaska (61
FR 13149, March 26, 1996), and their implementing regulations.
Rationale for the proposed actions was provided in the preambles to the
proposed rules and is not repeated here.
The Mid-Atlantic Fishery Management Council and other commenters
opposed withdrawal of the bluefish FMP because much of the fishery
occurs in the exclusive economic zone, and public participation would
be reduced without the FMP process. The South Atlantic Council and
other commenters believed regulations implementing the spiny lobster
FMP are a necessary back-up to Florida's regulations. The Gulf of
Mexico Council and other commenters opposed withdrawal of the stone
crab FMP because of the potential for gear conflicts and for
circumvention of the Florida limited entry system. The North Pacific
Council and the Alaska Department of Fish and Game were concerned about
implications under the Endangered Species Act if the high seas salmon
FMP were withdrawn, although other commenters favored the proposal. The
Pacific Council and other commenters supported retention of the
northern anchovy FMP to support California's management measures and
coordination with Mexico.
On October 11, 1996, the President signed into law S. 39, the
Sustainable Fisheries Act (Act), which amended the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.). Section
109(i) of the Act states that the Secretary may repeal or revoke an FMP
for a fishery under the authority of a Council only if the Council
approves the repeal or revocation by a three-quarters majority of the
voting members of the Council. However, the President stated, on
signing Pub. L. 104-297, that the Secretary is to treat this provision
as advisory, not mandatory. Given the involved Councils' opposition to
the repeals of the five FMPs, NMFS is hereby withdrawing the proposed
rules. NMFS intends to consolidate the implementing regulations for the
five FMPs, which now appear in 50 CFR parts 628, 640, 654, 662, and
674, into the appropriate consolidated fishery regulations in 50 CFR
parts 622, 648, 660, and 679 through future rulemaking.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 21, 1996.
Nancy Foster,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 96-30263 Filed 11-26-96; 8:45 am]
BILLING CODE 3510-22-F
