[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Notices]
[Pages 6351-6352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3607]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 951213300-5300-01; I.D. 120795A]


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 intent to 
implement a moratorium.

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SUMMARY: In accordance with the Atlantic Coastal Fisheries Cooperative 
Management Act of 1993 (Act), the Secretary of Commerce (Secretary) has 
determined that the State of Maryland is not in compliance with the 
Atlantic States Marine Fisheries Commission's (Commission) Interstate 
Coastal Fishery Management Plan (FMP) for weakfish and that the 
measures Maryland has failed to implement are necessary for the 
conservation of the fishery in question. Pursuant to the Act, a Federal 
moratorium on weakfish-fishing within Maryland State waters is hereby 
declared. This moratorium will become effective on April 15, 1996, 
unless, by April 1, 1996, Maryland adopts measures to come into 
compliance with the Commission's FMP.

DATES: Date of moratorium declaration: January 31, 1996.

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

SUPPLEMENTARY INFORMATION:

Background

    The Act, 16 U.S.C. 5101 et seq., was enacted to support and 
encourage the development, implementation, and enforcement of the 
Commission's Interstate Coastal FMPs to conserve and 

[[Page 6352]]
manage Atlantic coastal fishery resources.
    Section 807 of 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, no 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 
are necessary for the conservation of the fishery, the Secretary shall 
declare (i.e., impose) 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 17, 1995, the Secretary received a letter from the 
Commission prepared pursuant to section 806(b) of the Act. The 
Commission's letter stated that the State of Maryland's weakfish 
regulations did not meet the provisions of the Commission's FMP, and, 
therefore, the Commission found the State of Maryland out of compliance 
with the FMP as described below:

    Maryland failed to implement appropriate mesh size restrictions 
in gill nets and finfish trawl nets in appropriate times and areas 
by July 1, 1995, to achieve 75 percent escapement of Maryland's 
minimum size weakfish.


    In order to come into compliance with Amendment #2 for the 
fishing year ending March 31, 1996, Maryland would have to increase 
its minimum otter trawl mesh-sizes to 3-3/4 inches diamond (inside 
measurement) and 3-3/8 inches square (inside measurement). 
Alternatively, Maryland could increase total seasonal reductions to 
40.5 percent for the diamond mesh otter trawl fishery and 35.8 
percent for the square mesh otter trawl fishery.

    The Commission's letter also suggested that the Secretary use his 
discretionary authority under the Act to delay the date of the 
moratorium for up to 6 months, because Maryland appears to be taking 
administrative action to implement the management measures necessary to 
bring the State into compliance. On December 4, 1995, officials 
representing the Secretary met with representatives from Maryland's 
Department of Natural Resources, Tidal Fisheries Division. Maryland 
officials noted that Maryland had implemented most measures necessary 
under the Commission's weakfish FMP, such as a 12-inch (30-cm) size 
limit and seasonal restrictions to fishing, but had not, as yet, 
implemented the required mesh sizes. They noted that administrative 
procedures were underway to implement the required mesh sizes. The NMFS 
representatives received from the Maryland officials a memorandum that 
presented Maryland's intent to take administrative actions necessary to 
bring Maryland into compliance with the Commission's FMP. Their 
administrative actions would implement the required mesh sizes by 
February 12, 1996. 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 
the Interior's U.S. Fish and Wildlife Service.

Determination Regarding Compliance by the State of Maryland

    Based on a careful analysis of all relevant information, and taking 
into account comments presented by the State of Maryland during the 
meeting on December 4, 1995, the Secretary has determined that the 
State of Maryland is not in compliance with the Commission's coastal 
FMP for weakfish. This determination is based on Maryland's failure to 
implement and enforce regulatory measures established in the 
Commission's weakfish FMP. Further, the Secretary has determined that 
enforcement of these measures is necessary for the conservation of 
weakfish.
    Although it has been determined that the State of Maryland is not 
in compliance with the Commission's FMP for weakfish, it is recognized 
that expeditious efforts are being made to implement State regulations 
which would bring Maryland into compliance by February 12, 1996. In 
recognition of these efforts, the Secretary has agreed to allow 
Maryland until April 1, 1996, to promulgate appropriate regulations. If 
the State of Maryland has not complied by that date, a moratorium will 
be implemented on weakfish-fishing within the waters of the State of 
Maryland effective April 15, 1996. The delay of the effective date of 
the moratorium will not diminish conservation efforts, because the 
fishing season for this species has ended and will not resume until 
spring.
    NMFS will notify the Governor of Maryland of this action and will 
promulgate regulations necessary to implement this moratorium in the 
Federal Register. This moratorium 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 
bring the State into compliance.

    Dated: February 12, 1996.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-3607 Filed 2-16-96; 8:45 am]
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