[Federal Register Volume 61, Number 233 (Tuesday, December 3, 1996)]
[Proposed Rules]
[Pages 64046-64047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30687]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[I.D. 111496C]
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Request for joint management; request for public comments.
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SUMMARY: NMFS announces that the Secretary of Commerce (Secretary) has
been asked by the New England Fishery Management Council (NEFMC) to
allow the Atlantic mackerel, squid, and butterfish fisheries to be
managed jointly by the NEFMC and the Mid-Atlantic Fishery Management
Council (MAFMC). The MAFMC is currently responsible for the Fishery
Management Plan for Atlantic Mackerel, Squid, and Butterfish (FMP).
Public comments are solicited concerning the request for joint
management.
DATES: Comments must be submitted by January 2, 1997.
ADDRESSES: Comments should be directed to Dr. Andrew A. Rosenberg,
Regional Administrator, Northeast Region, NMFS, 1 Blackburn Drive,
Gloucester, MA 01930. Please label the envelope ``Joint SMB
Management.''
FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst,
508-281-9104.
SUPPLEMENTARY INFORMATION:
Background
Soon after the passage of the original Magnuson Fishery
Conservation and Management Act in 1976, the Secretary, pursuant to his
authority under section 304(f), designated species-specific management
responsibilities to the Fishery Management Councils (Councils). The
MAFMC was given the authority to manage the Atlantic mackerel, Illex
and Loligo squids, and butterfish fisheries. In 1979, NMFS approved
separate fishery management plans for the three species. In 1981, the
three plans were merged into the present FMP.
At its June 1996 meeting, the NEFMC passed a motion to request the
Secretary to make the FMP a joint plan between the NEFMC and the MAFMC
and to designate the MAFMC as the lead Council. While recognizing the
need to conserve these resources, the NEFMC believes that there are
access issues concerning all of these fisheries that only can be
resolved fairly through joint management. The NEFMC's main concern
focused on a proposal for resubmission to the Secretary of a management
measure that would implement a permit moratorium on the fishery for
Illex. Additionally, the NEFMC believes that there is enough
uncertainty about the stock structure of Illex to warrant a closer look
at how the resource should be managed in different areas along the
coast and how seasonal restrictions would substantially increase the
overall yield and economic value of the fishery.
In conjunction with this request for joint management, the NEFMC
requested NMFS to halt all rulemaking associated with the FMP. NMFS
will not take such action, because it is inappropriate to interfere
with the MAFMC's statutory mandate to develop fishery management plans
and amendments to manage the fisheries for which they are responsible.
Furthermore, there is no legal mechanism to bring rulemaking under the
Magnuson-Stevens Fishery Conservation and Management Act, as amended,
(Magnuson-Stevens Act) to a
[[Page 64047]]
halt. The Magnuson-Stevens Act contains a statutory time period for the
review and implementation of a fishery management plan or amendment
that is submitted to the Secretary by a Council. This can only be
modified or halted by a legislative revision to the Magnuson-Stevens
Act.
Public comments are requested on the NEFMC's request for joint
designation of this FMP. Comments will be reviewed and considered prior
to the Secretary's decision on this request.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 25, 1996.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 96-30687 Filed 12-2-96; 8:45 am]
BILLING CODE 3510-22-F
