[Federal Register Volume 65, Number 239 (Tuesday, December 12, 2000)]
[Notices]
[Page 77586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31626]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 000803225-0326-02; I.D. 062900B]
RIN 0648-AO34


American Shad; Interstate Fishery Management Plans; Cancellation 
of Moratorium

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

ACTION: Notice of determination of compliance; cancellation of 
moratorium.

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SUMMARY: The Secretary of Commerce (Secretary) announces the 
cancellation of the Federal moratorium on fishing for American shad in 
the coastal waters of the State of South Carolina that would have been 
implemented on January 5, 2001. The Secretary has canceled the 
moratorium as required by the Atlantic Coastal Fisheries Cooperative 
Management Act (Act), based on his determination that the State of 
South Carolina is now in compliance with the Atlantic States Marine 
Fisheries Commission's (Commission) Interstate Fishery Management Plan 
(ISFMP) for Shad and River Herring, after the Commission had notified 
the Secretary that it was withdrawing its determination of 
noncompliance.

DATES: Effective December 12, 2000.

FOR FURTHER INFORMATION CONTACT: Richard H. Schaefer, Chief, Staff 
Office for Intergovernmental and Recreational Fisheries, NMFS, 301-427-
2014.

SUPPLEMENTARY INFORMATION:

Background

    On August 16, 2000, NMFS published a document in the Federal 
Register (65 FR 49969) announcing the Secretary's determination that 
the State of South Carolina was not in compliance with the Commission's 
ISFMP for Shad and River Herring for not implementing and enforcing the 
10-fish creel limit contained in the ISFMP for American shad. In the 
document a moratorium was declared on fishing for American shad in 
South Carolina state waters that would be made effective on January 5, 
2001, if South Carolina was not found to be in compliance by December 
15, 2000. Details were provided in the August 16, 2000, Federal 
Register document and are not repeated here.
    The Act specifies that, if, after a moratorium is declared with 
respect to a State, the Secretary is notified by the Commission that it 
is withdrawing the determination of noncompliance, the Secretary shall 
immediately determine whether the State is in compliance with the 
applicable plan. If the State is determined to be in compliance, the 
moratorium shall be terminated.

Activities Pursuant to the Act

    On November 7, 2000, the Secretary received a letter from the 
Commission prepared pursuant to the Act. The Commission's letter, dated 
November 6, 2000, stated that the State of South Carolina had taken 
corrective action to comply with the Commission's ISFMP for Shad and 
River Herring, and, therefore, the Commission was withdrawing its 
determination of noncompliance.

Cancellation of the Moratorium

    Based on the Commission's November 6, 2000, letter, information 
received from the State of South Carolina, and the Secretary's review 
of South Carolina's revised regulations, the Secretary concurs with the 
Commission's determination that South Carolina is now in compliance 
with the Commission's ISFMP for Shad and River Herring. The State has 
adopted a creel limit of 10 American shad in all watersheds except one. 
In that one watershed the 10-fish creel compliance requirement has been 
met through the imposition of management measures that provide 
conservation equivalency. Therefore, the moratorium on fishing for 
American shad in South Carolina waters is canceled.

    Dated: December 6, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-31626 Filed 12-11-00; 8:45 am]
BILLING CODE 3510-22-S