[Federal Register Volume 73, Number 35 (Thursday, February 21, 2008)]
[Notices]
[Pages 9524-9525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3252]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF54


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Tautog Fishery

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

ACTION: Notice of non-compliance referral.

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SUMMARY: NMFS announces that on February 7, 2008, the Atlantic States 
Marine Fisheries Commission (Commission) found the State of New Jersey 
out of compliance with the Commission's Interstate Fishery Management 
Plan for Tautog (ISFMP). Subsequently, the Commission referred the 
matter to NMFS, under delegation of authority from the Secretary of 
Commerce, for federal non-compliance review under the provisions of the 
Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal 
Act). The Atlantic Coastal Act mandates that NMFS must review the 
Commission's non-compliance referral and make specific findings within 
thirty (30) days after receiving the referral. If NMFS determines that 
New Jersey failed to carry out its responsibilities under the Tautog 
ISFMP, and if the measures it failed to implement are necessary for 
conservation, then, according to the Atlantic Coastal Act, NMFS must 
declare a moratorium on fishing for tautog in New Jersey waters.

DATES: NMFS intends to make a determination on this matter by March 11, 
2008, and will publish its findings in the Federal Register immediately 
thereafter.

ADDRESSES: Harold C. Mears, Director, State, Federal and Constituent 
Programs Office, NMFS, Northeast Region, One Blackburn Drive, 
Gloucester, MA 01930.

FOR FURTHER INFORMATION CONTACT: Bob Ross, Fishery Management 
Specialist, NMFS, Northeast Region, (978) 281-9234, fax (978) 281-9117, 
e-mail [email protected].

SUPPLEMENTARY INFORMATION: Tautog (Tautoga onitis), often known by the 
common name ``blackfish,'' is a coastal fish species ranging from Nova 
Scotia to South Carolina, but most abundant from the southern Gulf of 
Maine (lower Massachusetts Bay and southern Cape Cod Bay) to Chesapeake 
Bay. The Commission manages this species according to its Tautog ISFMP. 
The Commission's Tautog ISFMP can be located at http://www.asmfc.org, 
(select ``Interstate Fishery Management,'' then select ``Tautog.'')
    The Commission Tautog ISFMP--specifically Addendum IV and Addendum 
V to the ISFMP--indicate that states need to implement measures that 
would reduce their tautog landings by 25.6% in order to respond to 
scientific concerns that tautog is being overfished. New Jersey's 
Marine Fishery Council, however, in November 2007 refused to implement 
any further measures causing the Commission on February 7, 2008, to 
vote that New Jersey was out of compliance with the Tautog ISFMP. The 
Commission subsequently referred its non-compliance finding to NMFS.
    Federal response to a Commission non-compliance referral is 
governed by the Atlantic Coastal Act. Under the Atlantic Coastal Act, 
the Secretary of Commerce must make two (2) findings within 30 days 
after receiving the non-compliance referral. First, the Secretary of 
Commerce must determine whether

[[Page 9525]]

the state in question (in this case, New Jersey) has failed to carry 
out its responsibilities under the ISFMP. Second, the Secretary of 
Commerce must determine whether the measures that the State has failed 
to implement or enforce are necessary for the conservation of the 
fishery in question. If the Secretary of Commerce makes affirmative 
findings on both criteria, then the Secretary must implement a 
moratorium on fishing in the fishery in question (in this case tautog) 
within the waters of the noncomplying state (in this case New Jersey). 
Further, the moratorium must become effective within six (6) months of 
the date of the Secretary's non-compliance determination. To the extent 
that the allegedly offending state later implements the involved 
measure, the Atlantic Coastal Act allows the state to petition the 
Commission that it has come back into compliance, and if the Commission 
concurs, the Commission will notify the Secretary of Commerce and, if 
the Secretary concurs, the moratorium will be withdrawn. The Secretary 
of Commerce has delegated Atlantic Coastal Act authorities to the 
Assistant Administrator for Fisheries at NMFS.
    NMFS has notified the State of New Jersey, the Commission, the Mid-
Atlantic Fishery Management Council, and the New England Fishery 
Management Council, in separate letters, of its receipt of the 
Commission's non-compliance referral. In the letters, NMFS solicits 
commentary from the Commission and Councils to the extent either entity 
is interested in providing such. NMFS also indicates to the State of 
New Jersey that the State is entitled to meet with and present its 
comments directly to NMFS if the State so desires.
    NMFS intends to make its non-compliance determination on or about 
March 11, 2008, which is 30 days after receipt of the Commission's non-
compliance referral. NMFS will announce its determination by Federal 
Register notice immediately thereafter. To the extent that NMFS makes 
an affirmative non-compliance finding, NMFS will announce the effective 
date of the moratorium in that Federal Register notice.

    Authority: 16 U.S.C. 5101 et seq.

    Dated: February 15, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-3252 Filed 2-20-08; 8:45 am]
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