[Federal Register Volume 59, Number 235 (Thursday, December 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30110]


[[Page Unknown]]

[Federal Register: December 8, 1994]


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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 941130-4330; I.D. 112294C]

 

Atlantic Sturgeon, Bluefish, and 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 moratoria.

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SUMMARY: In accordance with the Atlantic Coastal Fisheries Cooperative 
Management Act of 1993 (Act), 16 U.S.C. 5101 et seq., the Secretary of 
Commerce (Secretary) has determined that the State of New Jersey is not 
in compliance with the Atlantic States Marine Fisheries Commission's 
(Commission) Interstate Coastal Fishery Management Plans (FMPs) for 
Atlantic sturgeon, bluefish, and weakfish; and that the measures New 
Jersey has failed to implement and enforce are necessary for the 
conservation of the fisheries in question. Pursuant to the Act, Federal 
moratoria on Atlantic sturgeon, bluefish, and weakfish fishing within 
New Jersey State waters are hereby declared. These moratoria will 
become effective on April 15, 1995, unless, by April 1, 1995, New 
Jersey adopts measures to come into compliance with the Commission's 
FMPs.

DATES: Date of moratoria declaration: December 5, 1994.

FOR FURTHER INFORMATION CONTACT: Richard H. Schaefer, Director, Office 
of Fisheries Conservation and Management, NMFS, 301-713-2334.

SUPPLEMENTARY INFORMATION:

Background

    The Act was enacted to support and encourage the development, 
implementation, and enforcement of the Commission's interstate FMPs to 
conserve and manage Atlantic coastal fishery resources.

    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, not 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 and enforce are necessary 
for the conservation of the fishery, the Secretary shall declare 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 4, 1994, the Secretary received a letter from the 
Commission prepared pursuant to the Act. The Commission's letter stated 
that the State of New Jersey's Atlantic sturgeon, bluefish, and 
weakfish regulations did not meet the provisions of the Commission's 
FMPs, and, therefore, the Commission found the State of New Jersey out 
of compliance with the FMPs as described below:
    1. Atlantic sturgeon: New Jersey had not implemented any of the 
conservation measures contained in the Atlantic sturgeon coastal FMP by 
the scheduled compliance date of September 20, 1994.
    2. Bluefish: New Jersey failed to implement a 10-fish bag limit for 
the recreational fishery, as required in the bluefish coastal FMP, by 
the scheduled compliance date of September 1, 1994.
    3. Weakfish: New Jersey failed to implement regulations to achieve 
a 25-percent reduction in exploitation in the commercial and 
recreational fisheries, as required by Amendment 1 to the weakfish 
coastal FMP, by the scheduled compliance date of July 31, 1994.
    The Commission suggested that the Secretary could delay the 
effective date of the moratoria for up to 6 months, because the State 
of New Jersey appears to be taking action to implement the management 
measures necessary to bring the State into compliance. On November 18, 
1994, NMFS received a letter from New Jersey's Division of Fish, Game 
and Wildlife that presented initial comments indicating that the State 
would take action necessary for compliance with the Commission's FMPs, 
such action should be completed by February 6, 1995, and requesting the 
opportunity to meet with NMFS. This meeting was held on November 22, 
1994.
    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 
Interior's U.S. Fish and Wildlife Service. Commenters did not object to 
the Commission's determinations.

Determination Regarding Compliance by the State of New Jersey

    Based on a careful analysis of all relevant information, and taking 
into account comments presented by the State of New Jersey during the 
meeting on November 22, 1994, the Secretary has determined that the 
State of New Jersey is not in compliance with the Commission's coastal 
FMPs for Atlantic sturgeon, bluefish, and weakfish. This determination 
is based on New Jersey's failure to implement and enforce regulatory 
measures established in the Commission's three FMPs. Enforcement of 
these measures is necessary for the conservation of Atlantic sturgeon, 
bluefish, and weakfish.
    Although it has been determined that the State of New Jersey is not 
in compliance with the Commission's FMPs for Atlantic sturgeon, 
bluefish, and weakfish, it is recognized that expeditious efforts are 
being made to bring New Jersey into compliance with the Act. In 
recognition of these efforts, the Secretary has agreed to allow New 
Jersey until April 1, 1995, to implement a program consistent with the 
Commission's FMPs. If the State of New Jersey has not complied by that 
date, moratoria will be implemented on Atlantic sturgeon, bluefish, and 
weakfish fishing within waters of the State of New Jersey effective 
April 15, 1995. The delay of the effective date of the moratoria will 
not diminish conservation efforts, because fishing seasons for these 
species largely have ended and will not resume until spring.
    NMFS will notify the Governor of New Jersey of this action and will 
promulgate regulations necessary to implement these moratoria in the 
Federal Register. These moratoria 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 
come into compliance with the Act.

    Dated: December 2, 1994.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 94-30110 Filed 12-2-94; 4:21 pm]
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