[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Notices]
[Pages 6351-6352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3607]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 951213300-5300-01; I.D. 120795A]
Weakfish; Interstate Fishery Management Plans
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of determination of noncompliance; notice of intent to
implement a moratorium.
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SUMMARY: In accordance with the Atlantic Coastal Fisheries Cooperative
Management Act of 1993 (Act), the Secretary of Commerce (Secretary) has
determined that the State of Maryland is not in compliance with the
Atlantic States Marine Fisheries Commission's (Commission) Interstate
Coastal Fishery Management Plan (FMP) for weakfish and that the
measures Maryland has failed to implement are necessary for the
conservation of the fishery in question. Pursuant to the Act, a Federal
moratorium on weakfish-fishing within Maryland State waters is hereby
declared. This moratorium will become effective on April 15, 1996,
unless, by April 1, 1996, Maryland adopts measures to come into
compliance with the Commission's FMP.
DATES: Date of moratorium declaration: January 31, 1996.
FOR FURTHER INFORMATION CONTACT: Richard H. Schaefer, Director, Office
of Fisheries Conservation and Management, NMFS, 301-713-2334.
SUPPLEMENTARY INFORMATION:
Background
The Act, 16 U.S.C. 5101 et seq., was enacted to support and
encourage the development, implementation, and enforcement of the
Commission's Interstate Coastal FMPs to conserve and
[[Page 6352]]
manage Atlantic coastal fishery resources.
Section 807 of the Act specifies that, after notification by the
Commission that an Atlantic coastal state is not in compliance with a
Commission's coastal FMP, the Secretary shall make a finding, no later
than 30 days after receipt of the Commission's determination, on: (1)
Whether the state has failed to carry out its responsibilities to
implement and enforce the Commission's FMP; and (2) whether the
measures that the state has failed to implement and enforce are
necessary for the conservation of the fishery in question. If the
Secretary finds that the state is not in compliance with the
Commission's FMP, and if the measures the state has failed to implement
are necessary for the conservation of the fishery, the Secretary shall
declare (i.e., impose) a moratorium on fishing in that fishery within
the waters of the noncomplying state. The Secretary shall specify the
moratorium's effective date, which shall be any date within 6 months
after declaration of the moratorium. In making such a finding, the
Secretary shall carefully consider the comments of the Commission, the
coastal state found out of compliance by the Commission, and the
appropriate Regional Fishery Management Councils.
Activities Pursuant to the Act
On November 17, 1995, the Secretary received a letter from the
Commission prepared pursuant to section 806(b) of the Act. The
Commission's letter stated that the State of Maryland's weakfish
regulations did not meet the provisions of the Commission's FMP, and,
therefore, the Commission found the State of Maryland out of compliance
with the FMP as described below:
Maryland failed to implement appropriate mesh size restrictions
in gill nets and finfish trawl nets in appropriate times and areas
by July 1, 1995, to achieve 75 percent escapement of Maryland's
minimum size weakfish.
In order to come into compliance with Amendment #2 for the
fishing year ending March 31, 1996, Maryland would have to increase
its minimum otter trawl mesh-sizes to 3-3/4 inches diamond (inside
measurement) and 3-3/8 inches square (inside measurement).
Alternatively, Maryland could increase total seasonal reductions to
40.5 percent for the diamond mesh otter trawl fishery and 35.8
percent for the square mesh otter trawl fishery.
The Commission's letter also suggested that the Secretary use his
discretionary authority under the Act to delay the date of the
moratorium for up to 6 months, because Maryland appears to be taking
administrative action to implement the management measures necessary to
bring the State into compliance. On December 4, 1995, officials
representing the Secretary met with representatives from Maryland's
Department of Natural Resources, Tidal Fisheries Division. Maryland
officials noted that Maryland had implemented most measures necessary
under the Commission's weakfish FMP, such as a 12-inch (30-cm) size
limit and seasonal restrictions to fishing, but had not, as yet,
implemented the required mesh sizes. They noted that administrative
procedures were underway to implement the required mesh sizes. The NMFS
representatives received from the Maryland officials a memorandum that
presented Maryland's intent to take administrative actions necessary to
bring Maryland into compliance with the Commission's FMP. Their
administrative actions would implement the required mesh sizes by
February 12, 1996. Further comments were received from the New England,
Mid-Atlantic, and South Atlantic Regional Fishery Management Councils;
NMFS' Northeast and Southeast Science Centers; and the Department of
the Interior's U.S. Fish and Wildlife Service.
Determination Regarding Compliance by the State of Maryland
Based on a careful analysis of all relevant information, and taking
into account comments presented by the State of Maryland during the
meeting on December 4, 1995, the Secretary has determined that the
State of Maryland is not in compliance with the Commission's coastal
FMP for weakfish. This determination is based on Maryland's failure to
implement and enforce regulatory measures established in the
Commission's weakfish FMP. Further, the Secretary has determined that
enforcement of these measures is necessary for the conservation of
weakfish.
Although it has been determined that the State of Maryland is not
in compliance with the Commission's FMP for weakfish, it is recognized
that expeditious efforts are being made to implement State regulations
which would bring Maryland into compliance by February 12, 1996. In
recognition of these efforts, the Secretary has agreed to allow
Maryland until April 1, 1996, to promulgate appropriate regulations. If
the State of Maryland has not complied by that date, a moratorium will
be implemented on weakfish-fishing within the waters of the State of
Maryland effective April 15, 1996. The delay of the effective date of
the moratorium will not diminish conservation efforts, because the
fishing season for this species has ended and will not resume until
spring.
NMFS will notify the Governor of Maryland of this action and will
promulgate regulations necessary to implement this moratorium in the
Federal Register. This moratorium will be terminated immediately upon
receipt of notification from the Commission, and concurrence by the
Secretary, that the State has taken appropriate remedial actions to
bring the State into compliance.
Dated: February 12, 1996.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 96-3607 Filed 2-16-96; 8:45 am]
BILLING CODE 3510-22-F
