[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Proposed Rules]
[Pages 13810-13811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7513]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 628
[Docket No. 960315079-6079-01; I.D. 031296D]
Atlantic Bluefish Fishery; Proposed Removal of FMP
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes the withdrawal of Secretarial approval of the
Atlantic Bluefish Fishery Management Plan (FMP) and removal of its
implementing regulations. This action is taken in response to the
President's Regulatory Reform Initiative.
DATES: Public comments must be received on or before May 13, 1996.
ADDRESSES: Copies of the draft Environmental Assessment (EA) and
Regulatory Impact Review are available from the Northeast Regional
Office, National Marine Fisheries Service, 1 Blackburn Drive,
Gloucester, MA 01930.
Comments should be sent to Dr. Andrew A. Rosenberg, Regional
Director, at the same address above. Please mark the envelope
``Comments-- Bluefish Withdrawal.''
FOR FURTHER INFORMATION CONTACT: Myles Raizin, 508-281-9104.
SUPPLEMENTARY INFORMATION: Bluefish is a species that is found and
harvested predominantly in state waters. The bluefish stock is
described as overexploited with total catch having decreased from
approximately 70,000 mt in 1983 to 22,000 mt in 1992 (17th Northeast
Regional Stock Assessment Workshop, 1994). The recreational catch
accounted for approximately 17,000 mt or 72 percent of the combined
recreational and commercial catch in 1992. The 1994 Marine Recreational
Fisheries Survey estimated that 93 percent of all recreational landings
(11,963,000 fish) in that year were taken in state waters.
The FMP was prepared through the joint efforts of the Mid-Atlantic
Fishery Management Council (Council) and the Atlantic States Marine
Fisheries Commission (ASMFC). It was designed to promote conservation
of one of the most important Atlantic coast recreational species. It
was approved by the Secretary of Commerce on March 20, 1990. The
Council and the ASMFC
[[Page 13811]]
developed the FMP to address problems they anticipated could develop if
the fishery expanded or the resource declined. Prior to the approval of
the FMP there were few harvest regulations in any states, and
comprehensive management was non-existent. After adoption of the FMP,
all states implemented conservation measures. Annual management
measures (e.g., possession limits) are recommended by the ASMFC for
state waters and by the Council for the exclusive economic zone (EEZ).
The EEZ measures include a permit requirement for individuals
conducting a commercial fishery, a possession limit of 10 fish that
could be adjusted from 0 to 15 fish in order to reflect stock
conditions, a limit on commercial catch of 20 percent of the total
overall catch, and a framework that allowed for the imposition of
commercial fishery controls including state quotas when the commercial
limit is exceeded.
As part of the President's plan for reform of the Federal
regulatory system, NMFS proposes to remove the bluefish implementing
regulations. Since the ASMFC already adopted an Interstate Fishery
Management Plan for Atlantic Bluefish, the Magnuson Act regulations
implementing the Federal Fishery Management Plan (FMP) for the Atlantic
Bluefish Fishery are unnecessarily duplicative. Withdrawal of the FMP
is consistent with National Standard 7, which requires that management
measures shall, where practicable, minimize costs and avoid unnecessary
duplication.
Furthermore, because the fishery takes place primarily in state
waters, the ASMFC is an appropriate authority for management. If future
management measures in the EEZ are required, the Atlantic Coastal Act
allows the states to request NMFS to implement complementary measures
in the EEZ.
The Atlantic Coastal Act requires that an interstate fishery
management plan contain a recommendation to the Secretary regarding
measures to be implemented in the EEZ before he can undertake action.
The Council and ASMFC have been working on a plan amendment, which
could be modified by ASMFC to specify EEZ management measures that
could be implemented under the Atlantic Coastal Act. NMFS does not
intend to withdraw the FMP until NMFS issues regulations for the EEZ
under the Atlantic Coastal Act.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
NMFS prepared a draft EA for this action that discusses the impact
on the environment as a result of this rule. A copy of the EA may be
obtained from NMFS (see ADDRESSES).
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Small Business Administration
that this proposed rule, if adopted, would not have a significant
economic impact on a substantial number of small entities, because the
number affected is less than 20 percent of the number of small entities
operating in the fishery.
List of Subjects for 50 CFR Part 628
Fishing, Reporting and recordkeeping requirements.
Dated: March 21, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service
For the reasons set out in the preamble, under the authority of 16
U.S.C. 1801 et seq., 50 CFR part 628 is proposed to be removed.
[FR Doc. 96-7513 Filed 3-27-96; 8:45 am]
BILLING CODE 3510-22-F
