[Federal Register Volume 66, Number 77 (Friday, April 20, 2001)]
[Rules and Regulations]
[Pages 20202-20203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9864]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 010125024-1089-02; I.D. 121500D]
RIN 0648-AO88


American Lobster; Interstate Fishery Management Plans; 
Cancellation of Moratorium

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

ACTION: Cancellation of Federal moratorium.

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SUMMARY: NMFS announces the cancellation of the Federal moratorium on 
fishing for American lobsters in the State of Rhode Island waters. NMFS 
canceled the moratorium, as required by the Atlantic Coastal Fisheries 
Cooperative Management Act (Act), based on the determination that Rhode 
Island is now in compliance with the Atlantic States Marine Fisheries 
Commission's (Commission) Interstate Fishery Management Plan (ISFMP) 
for American lobsters.

DATES: Effective April 17, 2001.

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

SUPPLEMENTARY INFORMATION:

Background

    On December 17, 2000, NMFS determined that Rhode Island was not in 
compliance with Amendment 3 to the Commission's ISFMP for American 
lobster and that the measure Rhode Island failed to implement and 
enforce is necessary for the conservation of the American lobster 
fishery. Rhode Island was notified by letter on December 18, 2000, of 
this determination, and that NMFS required additional time to analyze 
the timing and impacts of the moratorium's implementation before 
publishing a declaration of a moratorium, as required by law. The Act 
allows the effective date of the moratorium to be delayed for up to 6 
months from the date on which the moratorium is declared.
    On March 6, 2001 (66 FR 13443), NMFS declared a Federal moratorium 
on fishing for American lobsters in Rhode Island waters effective May 
1, 2001, if Rhode Island has not complied with the Commission's ISFMP 
for American lobster by that date. Details were provided in the March 
6, 2001, 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 of Commerce (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. The 
Secretary's decision-making authority under the Act has been delegated 
to NMFS.

Activities Pursuant to the Act

    On April 6, 2001, the Secretary received a letter from the 
Commission prepared pursuant to the Act. The Commission's letter stated 
that Rhode Island has taken corrective action to comply with Amendment 
3 to the Commission's ISFMP for American lobsters by implementing and 
enforcing the nontrap gear limit of no more than 100 lobsters per day 
(based on a 24-hour period) up to a maximum of 500 lobsters per trip, 
for trips 5 days or longer as required by Amendment 3. The Commission 
found Rhode Island in compliance with the ISFMP for American lobster 
and withdrew its determination of noncompliance.

[[Page 20203]]

Cancellation of the Moratorium

    Based on the Commission's April 6, 2001, letter, and a review of 
the ISFMP and Rhode Island's revised regulations, NMFS determined that 
Rhode Island is now in compliance with Amendment 3 to the Commission's 
ISFMP for American lobster. Therefore, the moratorium on fishing for 
American lobsters in Rhode Island waters is canceled.

    Dated: April 16, 2001.
Clarence G. Pautzke,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 01-9864 Filed 4-17-01; 2:47 pm]
BILLING CODE 3510-22-S