[Federal Register Volume 61, Number 230 (Wednesday, November 27, 1996)]
[Proposed Rules]
[Page 60254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30263]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 628, 640, 654, 662, and 674

[Docket No. 960314075-6320-05; I.D. 103196A]
RIN 0648-AI16


Atlantic Bluefish Fishery; Spiny Lobster Fishery of the Gulf of 
Mexico and South Atlantic; Stone Crab Fishery of the Gulf of Mexico; 
Northern Anchovy Fishery; Salmon Fisheries Off the Coast of Alaska; 
Removal of Regulations

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

ACTION: Withdrawal of proposed rules.

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SUMMARY: NMFS withdraws five proposed rules that would have withdrawn 
approval of fishery management plans (FMPs) for the Atlantic bluefish 
fishery, the spiny lobster fishery of the Gulf of Mexico and South 
Atlantic, the stone crab fishery of the Gulf of Mexico, the northern 
anchovy fishery, and the salmon fisheries off the coast of Alaska, and 
their implementing regulations. This action is in response to 
opposition by Regional Fishery Management Councils (Councils) to the 
proposed rules, taking into account a provision in the recently enacted 
Sustainable Fisheries Act.

FOR FURTHER INFORMATION CONTACT: George H. Darcy, 301-713-2341.

SUPPLEMENTARY INFORMATION: Consistent with the President's Reinvention 
Initiative, NMFS published proposed rules that would have withdrawn the 
approval of the Secretary of Commerce (Secretary) for FMPs governing 
the Atlantic bluefish fishery (61 FR 13810, March 28, 1996), the spiny 
lobster fishery of the Gulf of Mexico and South Atlantic (61 FR 12055, 
March 25, 1996), the stone crab fishery of the Gulf of Mexico (61 FR 
12056, March 25, 1996), the northern anchovy fishery (61 FR 13148, 
March 26, 1996), and the salmon fisheries off the coast of Alaska (61 
FR 13149, March 26, 1996), and their implementing regulations. 
Rationale for the proposed actions was provided in the preambles to the 
proposed rules and is not repeated here.
    The Mid-Atlantic Fishery Management Council and other commenters 
opposed withdrawal of the bluefish FMP because much of the fishery 
occurs in the exclusive economic zone, and public participation would 
be reduced without the FMP process. The South Atlantic Council and 
other commenters believed regulations implementing the spiny lobster 
FMP are a necessary back-up to Florida's regulations. The Gulf of 
Mexico Council and other commenters opposed withdrawal of the stone 
crab FMP because of the potential for gear conflicts and for 
circumvention of the Florida limited entry system. The North Pacific 
Council and the Alaska Department of Fish and Game were concerned about 
implications under the Endangered Species Act if the high seas salmon 
FMP were withdrawn, although other commenters favored the proposal. The 
Pacific Council and other commenters supported retention of the 
northern anchovy FMP to support California's management measures and 
coordination with Mexico.
    On October 11, 1996, the President signed into law S. 39, the 
Sustainable Fisheries Act (Act), which amended the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.). Section 
109(i) of the Act states that the Secretary may repeal or revoke an FMP 
for a fishery under the authority of a Council only if the Council 
approves the repeal or revocation by a three-quarters majority of the 
voting members of the Council. However, the President stated, on 
signing Pub. L. 104-297, that the Secretary is to treat this provision 
as advisory, not mandatory. Given the involved Councils' opposition to 
the repeals of the five FMPs, NMFS is hereby withdrawing the proposed 
rules. NMFS intends to consolidate the implementing regulations for the 
five FMPs, which now appear in 50 CFR parts 628, 640, 654, 662, and 
674, into the appropriate consolidated fishery regulations in 50 CFR 
parts 622, 648, 660, and 679 through future rulemaking.

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

    Dated: November 21, 1996.
Nancy Foster,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-30263 Filed 11-26-96; 8:45 am]
BILLING CODE 3510-22-F