[Federal Register Volume 61, Number 235 (Thursday, December 5, 1996)] [Proposed Rules] [Pages 64497-64498] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-30973] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 656 [Docket No. 950915230-6327-04; I.D. 110196E] RIN 0648-AH57 Atlantic Striped Bass Fishery; Withdrawal of Proposed Rule AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; withdrawal. ----------------------------------------------------------------------- SUMMARY: NMFS withdraws the September 27, 1995, proposed rule to remove a Federal moratorium on the harvest or possession of Atlantic striped bass in the exclusive economic zone (EEZ), offshore from Maine to Florida, and the implementation of a minimum size limit for Atlantic striped bass possessed in the EEZ. The proposed rule is withdrawn because of specific recommendations not considered at the time of proposed rulemaking. DATES: This proposed rule is withdrawn on December 4, 1996. FOR FURTHER INFORMATION CONTACT: Tom Meyer, 301-427-2014. [[Page 64498]] SUPPLEMENTARY INFORMATION: A proposed rule was published on September 27, 1995 (60 FR 49821), under section 6 of the Atlantic Striped Bass Conservation Act (Striped Bass Act), Public Law 100-589, reproduced at 16 U.S.C. 1851 note, to: (1) Remove the current moratorium on the harvest and possession of striped bass in the EEZ, (2) prohibit the possession of striped bass in the EEZ of less than 28 inches (71.1 cm) total length, and (3) provide that state regulations apply to any striped bass being transported into a state's jurisdiction from the EEZ. Comments received during the proposed rule comment period (ending October 27, 1995) at nine public hearings and from numerous letters indicated substantial public concern on the following: (1) The stock was not fully recovered and the Secretary of Commerce (Secretary) should wait until the 2-year transitional period is completed (January 1, 1997) before reopening the EEZ, (2) reopening the EEZ would create law enforcement loopholes, and (3) a large percentage of the public objected to any commercial fishing for striped bass in the EEZ. In addition, NMFS received specific recommendations from both the Atlantic States Marine Fisheries Commission (ASMFC) and the Mid-Atlantic Fishery Management Council (MAFMC) to delay removal of the moratorium in the EEZ until the ASMFC moved from the transitional fishery mortality rate (F) target of (F = 0.33) to a ``fully restored'' fishery (F = 0.40), which was scheduled to occur on January 1, 1997. On May 29, 1996, the ASMFC's Striped Bass Stock Assessment Committee (SBSAC) presented preliminary data to the ASMFC's Striped Bass Management Board (Board) that suggests that, on a coast-wide basis, striped bass fisheries may be occurring at or above the prescribed transitional fishing mortality rate (F = 0.33) contained in Amendment 5 to the Interstate Fishery Management Plan for Atlantic Striped Bass (Plan). Based on these data, the SBSAC recommended to the Board that the transitional F (0.33) remain operable for at least 1 more year (until January 1, 1998). The Board unanimously adopted this recommendation and provided additional supplementary guidance to certain states, and to NMFS, directed at strengthening the regulatory regime. On September 25, 1996, the Board approved a motion (nine to eight) to freeze the quotas for striped bass along the Atlantic coast, including the important spawning areas represented by Chesapeake Bay and other estuaries, until January 1, 1998. As a result of that vote, many of the technical issues placed before the Board by the Striped Bass Technical Committee were left unresolved. In an effort to resolve them, the Board met again on October 21, 1996, and decided to have ASMFC staff prepare an addendum to the Plan. Consequently, no determination will be made on possible quota increases for striped bass until January 1997, following public hearings. In addition, the President signed into law the Sustainable Fisheries Act of 1996 (SFA) on October 11, 1996. The SFA added three new national standards to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). These new national standards were not considered at the time of proposed rulemaking. Regulations under the Striped Bass Act must be consistent with the national standards. The Striped Bass Act provides authority to the Secretary to implement regulations that are necessary to ensure the effectiveness of state regulations to implement the ASMFC's Plan. The proposed rule was designed to complement the ASMFC's Plan while meeting this legal requirement. Based on the current uncertainty about the interim fishing mortality rate target (F = 0.33) being achieved, the ASMFC's action to postpone going to a full (F = 0.40) fishery until January 1, 1998, the ongoing work to identify and correct some potential enforcement loopholes, the ASMFC's decision to prepare an addendum to Amendment 5 to address the 1997 fishery, and the addition of three new national standards to the Magnuson-Stevens Act not considered at the time of proposed rulemaking, the Secretary is withdrawing the proposed rule to allow NMFS and the ASMFC additional time to address these concerns before considering reinitiation of rulemaking on or about January 1, 1998. Authority: 16 U.S.C. 1851 note. Dated: November 27, 1996. Gary C. Matlock, Acting Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 96-30973 Filed 12-4-96; 8:45 am] BILLING CODE 3510-22-F