[Federal Register Volume 61, Number 233 (Tuesday, December 3, 1996)]
[Proposed Rules]
[Pages 64046-64047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30687]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 111496C]


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries

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

ACTION: Request for joint management; request for public comments.

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SUMMARY: NMFS announces that the Secretary of Commerce (Secretary) has 
been asked by the New England Fishery Management Council (NEFMC) to 
allow the Atlantic mackerel, squid, and butterfish fisheries to be 
managed jointly by the NEFMC and the Mid-Atlantic Fishery Management 
Council (MAFMC). The MAFMC is currently responsible for the Fishery 
Management Plan for Atlantic Mackerel, Squid, and Butterfish (FMP). 
Public comments are solicited concerning the request for joint 
management.

DATES: Comments must be submitted by January 2, 1997.

ADDRESSES: Comments should be directed to Dr. Andrew A. Rosenberg, 
Regional Administrator, Northeast Region, NMFS, 1 Blackburn Drive, 
Gloucester, MA 01930. Please label the envelope ``Joint SMB 
Management.''

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

SUPPLEMENTARY INFORMATION:

Background

    Soon after the passage of the original Magnuson Fishery 
Conservation and Management Act in 1976, the Secretary, pursuant to his 
authority under section 304(f), designated species-specific management 
responsibilities to the Fishery Management Councils (Councils). The 
MAFMC was given the authority to manage the Atlantic mackerel, Illex 
and Loligo squids, and butterfish fisheries. In 1979, NMFS approved 
separate fishery management plans for the three species. In 1981, the 
three plans were merged into the present FMP.
    At its June 1996 meeting, the NEFMC passed a motion to request the 
Secretary to make the FMP a joint plan between the NEFMC and the MAFMC 
and to designate the MAFMC as the lead Council. While recognizing the 
need to conserve these resources, the NEFMC believes that there are 
access issues concerning all of these fisheries that only can be 
resolved fairly through joint management. The NEFMC's main concern 
focused on a proposal for resubmission to the Secretary of a management 
measure that would implement a permit moratorium on the fishery for 
Illex. Additionally, the NEFMC believes that there is enough 
uncertainty about the stock structure of Illex to warrant a closer look 
at how the resource should be managed in different areas along the 
coast and how seasonal restrictions would substantially increase the 
overall yield and economic value of the fishery.
    In conjunction with this request for joint management, the NEFMC 
requested NMFS to halt all rulemaking associated with the FMP. NMFS 
will not take such action, because it is inappropriate to interfere 
with the MAFMC's statutory mandate to develop fishery management plans 
and amendments to manage the fisheries for which they are responsible. 
Furthermore, there is no legal mechanism to bring rulemaking under the 
Magnuson-Stevens Fishery Conservation and Management Act, as amended, 
(Magnuson-Stevens Act) to a

[[Page 64047]]

halt. The Magnuson-Stevens Act contains a statutory time period for the 
review and implementation of a fishery management plan or amendment 
that is submitted to the Secretary by a Council. This can only be 
modified or halted by a legislative revision to the Magnuson-Stevens 
Act.
    Public comments are requested on the NEFMC's request for joint 
designation of this FMP. Comments will be reviewed and considered prior 
to the Secretary's decision on this request.

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

    Dated: November 25, 1996.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-30687 Filed 12-2-96; 8:45 am]
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