[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Notices]
[Pages 33242-33243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14064]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XW45
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
Weakfish Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of non-compliance findings.
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SUMMARY: On May 6, 2010, the Atlantic States Marine Fisheries
Commission (Commission) found the State of North Carolina out of
compliance with the Commission's Interstate Fishery Management Plan
(ISFMP) for Weakfish. Subsequently, the Commission referred the matter
to NMFS in a letter dated May 7, 2010, under delegation of authority
from the Secretary of Commerce (Secretary), for Federal non-compliance
review under the provisions of the Atlantic Coastal Fisheries
Cooperative Management Act (Atlantic Coastal Act). The Atlantic Coastal
Act mandates that NMFS must review the Commission's non-compliance
referral and make specific findings within 30 days after receiving the
referral. On May 25, 2010, the Secretary was notified by the Commission
that North Carolina had taken corrective action to comply with the
management measures in the ISFMP, and the Commission now finds North
Carolina in compliance with the Plan. NMFS concurs with this finding
and concludes its obligations for this particular non-compliance
referral.
DATES: Effective May 25, 2010.
ADDRESSES: Written comments should be sent to Emily Menashes, Acting
Director, Office of Sustainable Fisheries, NMFS, 1315 East-West
Highway, Room 13362, Silver Spring, MD 20910. Mark the outside of the
envelope ``Comments on Weakfish Non-Compliance.'' Comments may also be
sent via fax to (301) 713-0596.
FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Management
Specialist, NMFS Office of Sustainable Fisheries, (301) 713-2334.
SUPPLEMENTARY INFORMATION: The Weakfish ISFMP includes management
measures for weakfish, also known as grey sea trout, in state and
Federal waters. The Commission believes that implementation of these
regulations is necessary to rebuild depleted weakfish stocks. North
Carolina is consistently one of the top three states for weakfish
landings by volume and thus integral to the successful implementation
of the ISFMP. On May 4, 2010, the Commission's Weakfish Management
Board found the State of North Carolina out of compliance for not fully
and effectively implementing and enforcing the Weakfish ISFMP. The
Commission's Policy Board and Business Session similarly voted North
Carolina out of compliance on May 6, 2010. The Commission subsequently
referred its non-compliance finding to NMFS on May 7, 2010.
Federal response to a Commission non-compliance referral is
governed by the Atlantic Coastal Act. Under the Atlantic Coastal Act,
the Secretary must make two findings within 30 days after receiving the
non-compliance referral. First, the Secretary must determine whether
the state in question (in this case, North Carolina) has failed to
carry out its responsibilities under the ISFMP. Second, the Secretary
must determine whether the measures that the State has failed to
implement or enforce are necessary for the conservation of the fishery
in question. If the Secretary makes affirmative findings on both
criteria, then the Secretary must implement a moratorium on fishing in
the fishery in question within the waters of the non-complying state.
Further, the moratorium must become effective within six months of the
date of the Secretary's non-compliance determination. To the extent
that the state later implements the ISFMP measures, the Atlantic
Coastal Act allows the state to petition the Commission that it has
come back into compliance; if the Commission concurs, the Commission
will notify the Secretary and, if the Secretary concurs, the moratorium
will be withdrawn. The Secretary has delegated Atlantic Coastal Act
authorities to the Assistant Administrator for Fisheries at NMFS.
NMFS notified the State of North Carolina, the Commission, the
South Atlantic Fishery Management Council, the Mid-Atlantic Fishery
Management Council, and the New England Fishery Management Council, in
separate letters, of its receipt of the Commission's non-compliance
referral. In the letters, NMFS solicited comments from the Commission
and Councils. NMFS also informed the State of North Carolina that the
State is entitled to meet with and present its comments directly to
NMFS.
On May 21, 2010, the North Carolina Division of Marine Fisheries
adopted management measures implementing the Weakfish ISFMP. On May 24,
2010, NMFS met with the North Carolina Division of Marine Fisheries
regarding
[[Page 33243]]
implementation of the ISFMP. On May 25, 2010, the Commission notified
the Secretary that North Carolina had taken corrective action to comply
with the management measures in the ISFMP, and the Commission now finds
North Carolina in compliance with the Weakfish ISFMP. NMFS reviewed the
ISFMP and North Carolina's recently approved weakfish management
measures and agrees with the Commission that North Carolina's newly
enacted measures comply with the requirements of the Weakfish ISFMP.
Therefore, NMFS determines that North Carolina is now carrying out its
responsibilities under the Commission's Weakfish ISFMP and that the
state is in compliance. With such a determination, NMFS' statutory
responsibilities in this matter are discharged, the basis for further
proceedings no longer exists, and the matter is concluded.
Authority: 16 U.S.C. 5101 et seq.
Dated: June 8, 2010
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010-14064 Filed 6-8-10; 4:15 pm]
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