[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Proposed Rules]
[Pages 13810-13811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7513]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 628

[Docket No. 960315079-6079-01; I.D. 031296D]


Atlantic Bluefish Fishery; Proposed Removal of FMP

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes the withdrawal of Secretarial approval of the 
Atlantic Bluefish Fishery Management Plan (FMP) and removal of its 
implementing regulations. This action is taken in response to the 
President's Regulatory Reform Initiative.

DATES: Public comments must be received on or before May 13, 1996.

ADDRESSES: Copies of the draft Environmental Assessment (EA) and 
Regulatory Impact Review are available from the Northeast Regional 
Office, National Marine Fisheries Service, 1 Blackburn Drive, 
Gloucester, MA 01930.
    Comments should be sent to Dr. Andrew A. Rosenberg, Regional 
Director, at the same address above. Please mark the envelope 
``Comments-- Bluefish Withdrawal.''

FOR FURTHER INFORMATION CONTACT: Myles Raizin, 508-281-9104.

SUPPLEMENTARY INFORMATION: Bluefish is a species that is found and 
harvested predominantly in state waters. The bluefish stock is 
described as overexploited with total catch having decreased from 
approximately 70,000 mt in 1983 to 22,000 mt in 1992 (17th Northeast 
Regional Stock Assessment Workshop, 1994). The recreational catch 
accounted for approximately 17,000 mt or 72 percent of the combined 
recreational and commercial catch in 1992. The 1994 Marine Recreational 
Fisheries Survey estimated that 93 percent of all recreational landings 
(11,963,000 fish) in that year were taken in state waters.
    The FMP was prepared through the joint efforts of the Mid-Atlantic 
Fishery Management Council (Council) and the Atlantic States Marine 
Fisheries Commission (ASMFC). It was designed to promote conservation 
of one of the most important Atlantic coast recreational species. It 
was approved by the Secretary of Commerce on March 20, 1990. The 
Council and the ASMFC

[[Page 13811]]
developed the FMP to address problems they anticipated could develop if 
the fishery expanded or the resource declined. Prior to the approval of 
the FMP there were few harvest regulations in any states, and 
comprehensive management was non-existent. After adoption of the FMP, 
all states implemented conservation measures. Annual management 
measures (e.g., possession limits) are recommended by the ASMFC for 
state waters and by the Council for the exclusive economic zone (EEZ). 
The EEZ measures include a permit requirement for individuals 
conducting a commercial fishery, a possession limit of 10 fish that 
could be adjusted from 0 to 15 fish in order to reflect stock 
conditions, a limit on commercial catch of 20 percent of the total 
overall catch, and a framework that allowed for the imposition of 
commercial fishery controls including state quotas when the commercial 
limit is exceeded.
    As part of the President's plan for reform of the Federal 
regulatory system, NMFS proposes to remove the bluefish implementing 
regulations. Since the ASMFC already adopted an Interstate Fishery 
Management Plan for Atlantic Bluefish, the Magnuson Act regulations 
implementing the Federal Fishery Management Plan (FMP) for the Atlantic 
Bluefish Fishery are unnecessarily duplicative. Withdrawal of the FMP 
is consistent with National Standard 7, which requires that management 
measures shall, where practicable, minimize costs and avoid unnecessary 
duplication.
    Furthermore, because the fishery takes place primarily in state 
waters, the ASMFC is an appropriate authority for management. If future 
management measures in the EEZ are required, the Atlantic Coastal Act 
allows the states to request NMFS to implement complementary measures 
in the EEZ.
    The Atlantic Coastal Act requires that an interstate fishery 
management plan contain a recommendation to the Secretary regarding 
measures to be implemented in the EEZ before he can undertake action. 
The Council and ASMFC have been working on a plan amendment, which 
could be modified by ASMFC to specify EEZ management measures that 
could be implemented under the Atlantic Coastal Act. NMFS does not 
intend to withdraw the FMP until NMFS issues regulations for the EEZ 
under the Atlantic Coastal Act.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    NMFS prepared a draft EA for this action that discusses the impact 
on the environment as a result of this rule. A copy of the EA may be 
obtained from NMFS (see ADDRESSES).
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Small Business Administration 
that this proposed rule, if adopted, would not have a significant 
economic impact on a substantial number of small entities, because the 
number affected is less than 20 percent of the number of small entities 
operating in the fishery.

List of Subjects for 50 CFR Part 628

    Fishing, Reporting and recordkeeping requirements.

    Dated: March 21, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service
    For the reasons set out in the preamble, under the authority of 16 
U.S.C. 1801 et seq., 50 CFR part 628 is proposed to be removed.
[FR Doc. 96-7513 Filed 3-27-96; 8:45 am]
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