[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Page 34746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17050]
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DEPARTMENT OF COMMERCE
50 CFR Part 697
[Docket No. 950605148-6180-03;I.D. 061296A]
RIN 0648-AH58
Atlantic Weakfish Fisheries; Exclusive Economic Zone (EEZ)
Moratorium Rule Suspension
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: On February 16, 1996, the U.S. District Court for the Eastern
District of Virginia, Norfolk Division, vacated the Federal regulations
for Atlantic Coast weakfish in the EEZ. NMFS has not enforced the
regulations since the court issued its order. In accordance with the
court's order, NMFS is suspending the regulations on fishing for
weakfish in the EEZ. The suspension will remain in effect until other
regulations for weakfish are implemented.
EFFECTIVE DATE: July 2, 1996.
FOR FURTHER INFORMATION CONTACT: Richard H. Schaefer, Director, Office
of Fisheries Conservation and Management, NMFS, 301-713-2334.
SUPPLEMENTARY INFORMATION: NMFS implemented a final rule to impose a
moratorium on fishing for weakfish in the EEZ (60 FR 58246, November
27, 1995). The regulations were subsequently revised (61 FR 29321, June
10, 1996) although they are not currently enforced. The rule was
implemented to support conservation efforts developed through the
Atlantic States Marine Fisheries Commission's (Commission) Fishery
Management Plan for Weakfish (FMP).
On February 16, 1996, the U.S. District Court for the Eastern
District of Virginia, Norfolk Division, ordered that the final rule
``is vacated and the Secretary of Commerce and his designees are hereby
enjoined from enforcing the Atlantic Coast Weakfish Moratorium in the
Exclusive Economic Zone, promulgated at 60 FR 58245 (Nov. 27, 1995).''
Upon the court's ruling, fishermen were immediately allowed to fish
for weakfish in the EEZ. Accordingly, NMFS is suspending the Federal
regulations that imposed the moratorium. The suspension will remain in
effect until replaced by other regulations. NMFS is currently assessing
recent actions by the Commission and will proceed with rulemaking if
appropriate.
Classification
This action has been determined to be not significant for purposes
of E.O. 12866.
Because this rule implements a February 16, 1996, court order to
vacate Federal regulations (60 FR 58246, November 27, 1995) that
imposed a moratorium on fishing for Atlantic Coast weakfish in the EEZ,
the Assistant Administrator for Fisheries (AA/F) for good cause, under
5 U.S.C.(b)(B), waives the requirement to provide prior notice and an
opportunity for public comment, as such procedures are unnecessary.
Similarly, the AA/F, finds good cause under 5 U.S.C. 553(d)(3) to waive
the 30-day delay in the effective date.
List of Subjects in 50 CFR Part 697
Fisheries, Fishing.
Dated: June 27, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 697 is amended
as follows:
PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT
1. The authority citation for part 697 continues to read as
follows:
Authority: 16 U.S.C. 5101 et seq.
2. In Sec. 697.6, paragraph (a) is suspended.
[FR Doc. 96-17050 Filed 7-2-96; 8:45 am]
BILLING CODE 3510-22-F
