[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Pages 9158-9159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4185]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XU54
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
Coastal Sharks Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of non-compliance referral.
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SUMMARY: NMFS announces that on February 4, 2010, the Atlantic States
Marine Fisheries Commission (Commission) found the State of New Jersey
out of compliance with the Commission's Interstate Fishery Management
Plan (ISFMP) for Coastal Sharks. Subsequently, the Commission referred
the matter to NMFS, under delegation of authority from the Secretary of
Commerce, 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. If NMFS determines that New
Jersey failed to carry out its responsibilities under the Coastal
Sharks ISFMP, and if the measures it failed to implement are necessary
for conservation, then, according to the Atlantic Coastal Act, NMFS
must declare a moratorium on fishing for coastal sharks in New Jersey
waters.
DATES: NMFS intends to make a determination on this matter by March
10, 2010, and will publish its findings in the Federal Register
immediately thereafter.
ADDRESSES: Written comments should be sent to Alan Risenhoover,
Director,
[[Page 9159]]
Office of Sustainable Fisheries, NMFS, 1315 East-West Highway, Room
13362, Silver Spring, MD 20910. Mark the outside of the envelope
``Comments on Coastal Shark 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 Coastal Shark ISFMP includes management
measures for several species of Atlantic sharks. The implementation of
these regulations is necessary to rebuild depleted shark stocks, ensure
sustainable harvest of others, and provide protection for sharks in
state nursing and pupping grounds. The Commission's Technical Committee
has identified Delaware Bay as one of the most important nursing
grounds for depleted sandbar sharks on the Atlantic Coast. Included in
the 22 commercial and recreational regulations in the FMP is a seasonal
closure from Virginia north through New Jersey to protect pupping
sandbar sharks. On February 4, 2010, the Commission found the State of
New Jersey out of compliance for not fully and effectively implementing
and enforcing the Coastal Shark ISFMP. The Commission subsequently
referred its non-compliance finding to NMFS.
Federal response to a Commission non-compliance referral is
governed by the Atlantic Coastal Act. Under the Atlantic Coastal Act,
the Secretary of Commerce (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, New Jersey)
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 of Commerce makes affirmative
findings on both criteria, then the Secretary must implement a
moratorium on fishing in the fishery in question (in this case coastal
sharks) within the waters of the non-complying state (in this case, New
Jersey). Further, the moratorium must become effective within six
months of the date of the Secretary's non-compliance determination. To
the extent that the allegedly offending state later implements the
involved measure, the Atlantic Coastal Act allows the state to petition
the Commission that it has come back into compliance, and 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 has notified the State of New Jersey, the Commission, 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 solicits
comments from the Commission and Councils to the extent either entity
is interested in providing such comments. NMFS also indicates to the
State of New Jersey that the State is entitled to meet with and present
its comments directly to NMFS if the State so desires.
NMFS intends to make its non-compliance determination on or about
March 10, 2010, which is 30 days after receipt of the Commission's non-
compliance referral. NMFS will announce its determination by Federal
Register notice immediately thereafter. To the extent that NMFS makes
an affirmative non-compliance finding, NMFS will announce the effective
date of the moratorium in that Federal Register notice.
Authority: 16 U.S.C. 5101 et seq.
Dated: February 24, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-4185 Filed 2-26-10; 8:45 am]
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