[Federal Register Volume 61, Number 152 (Tuesday, August 6, 1996)]
[Proposed Rules]
[Pages 40809-40810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19925]


      
      
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[[Page 40810]]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 042696A]
RIN: 0648-AH05


Fisheries of the Northeastern United States; Amendment 8 to the 
Summer Flounder and Scup Fishery Management Plan; Resubmission of 
Disapproved Measures

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

ACTION: Notice of availability; request for comments.

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SUMMARY: NMFS issues this document to advise that the Mid-Atlantic 
Fishery Management Council (Council) has resubmitted modifications of 
three previously disapproved measures contained in Amendment 8 to the 
Fishery Management Plan for the Summer Flounder and Scup Fisheries for 
Secretarial approval and is requesting comments from the public.

DATES: Comments must be received on or before September 3, 1996.

ADDRESSES: All comments should be sent to Dr. Andrew Rosenberg, 
Regional Director, National Marine Fisheries Service, Northeast 
Regional Office, 1 Blackburn Drive, Gloucester, MA 01930-3799. Mark the 
outside of the envelope ``Comments on Summer Flounder and Scup Plan''.
    Comments regarding burden-hour estimates for collection-of-
information requirements contained in this proposed rule should be sent 
to the Northeast Regional Director at the above address, and to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), Washington, D.C. 20502 (Attention: NOAA Desk Officer).
    Copies of the resubmission portion of Amendment 8 and other 
supporting documents are available from David R. Keifer, Executive 
Director, Council, Room 2115 Federal Building, 300 S. New Street, 
Dover, DE 19904-6790.

FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy 
Analyst, 508-281-9221.

SUPPLEMENTARY INFORMATION: The Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) (Magnuson Act) requires each 
regional fishery management council to submit any fishery management 
plan or plan amendment it prepares to the Secretary of Commerce 
(Secretary) for review and approval or disapproval. The Magnuson Act 
also requires the Secretary, upon receiving the plan or amendment, to 
publish immediately notification that the plan or amendment is 
available for public review and comment. The Secretary will consider 
the public comments in determining whether to approve the plan or 
amendment.
    The Regional Director of NMFS disapproved six measures proposed in 
Amendment 8 upon preliminary evaluation of the amendment as authorized 
in section 304(a)(1)(A)(ii) of the Magnuson Act. These provisions would 
have: Conferred moratorium permit eligibility upon vessels that were 
re-rigging on January 26, 1993, and landed scup prior to the 
implementation of Amendment 8; required vessels to keep scup catches of 
less than 4,000 lb (1,814 kg) (the level at which the minimum codend 
mesh requirement is triggered) in 100-lb (45.4-kg) containers to 
enhance enforcement; required NMFS to accept state dealer permits in 
lieu of the required Federal permit; denied access to the exclusive 
economic zone to vessels from states that do not implement recreational 
measures equivalent to those specified in Amendment 8; deferred to 
state regulations to define scup pot requirements for the residents of 
that state; and required any landings in excess of the recreational 
harvest limit to be subtracted from the harvest limit of the following 
year.
    The Council and the Atlantic States Marine Fisheries Commission 
Summer Flounder, Scup, and Black Sea Bass Board met on May 15, 1996. 
During that meeting, they reviewed the disapproved measures, revised 
three of those measures that were preliminarily disapproved, and voted 
to resubmit the revised measures under section 304(b)(3)(A) of the 
Magnuson Act. The resubmitted measures are the re-rigging measure, the 
scup pot and trap definition, and the annual recreational harvest 
limit.
    Day 1 of this rule is July 30, 1996. Proposed regulations for these 
provisions are scheduled to be published within 15 days.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 31, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-19925 Filed 8-1-96; 11:44 am]
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