[Federal Register Volume 73, Number 65 (Thursday, April 3, 2008)]
[Notices]
[Pages 18260-18261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1090]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG78


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 cancellation of Federal moratorium.

-----------------------------------------------------------------------

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

DATES: Effective March 31, 2008.

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) 281-9327, fax (978) 281-9117, 
e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    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 Plan. The 
Commission's Tautog Plan can be located at http://www.asmfc.org, 
(select ``Interstate Fishery Management,'' then select ``Tautog.'').
    On February 7, 2008, the Commission voted the State of New Jersey 
out of compliance with the Commission's Tautog Plan. Specifically, the 
Commission found that New Jersey had not implemented management 
measures to achieve the required 25.6 percent reduction in tautog 
exploitation as was required by the Tautog Plan. The Commission 
forwarded the findings of their vote on February 7, 2008, in a formal 
non-compliance referral letter that the Secretary of Commerce 
(Secretary) received on February 11, 2008.
    On March 10, 2008, upon a delegation of authority from the 
Secretary, NMFS completed its independent review of the Commission's 
findings and NMFS determined that the State of New Jersey was not in 
compliance with the Commission's Tautog Plan and that the measures New 
Jersey failed to implement and enforce are necessary for the 
conservation of the tautog fishery. New Jersey was notified by letter 
on March 11, 2008, that NMFS declared a Federal moratorium on fishing 
for, possession of, and landing of tautog by the recreational and 
commercial fishermen in New Jersey state waters effective April 1, 
2008, if New Jersey has not complied with the Commission's Tautog Plan 
by that date. Details were provided in a Federal Register notice 
published on March 14, 2008 (73 FR 13864), and are not repeated here.

Activities Pursuant to the Atlantic Coastal Act

    The Atlantic Coastal 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. On March 26, 2008, 
NMFS received a letter from the Commission that New Jersey has taken 
corrective action to comply with the Tautog Plan, and that the 
Commission has withdrawn its determination of noncompliance.

Cancellation of the Moratorium

    Based on the Commission's March 26, 2008, letter, information 
received from the State of New Jersey, and NMFS review of New Jersey's 
revised tautog regulations, which achieved the required 25.6-percent 
reduction in tautog exploitation as was required by the Tautog Plan, 
NMFS concurs with the Commission's determination that New Jersey is now 
in compliance with the Tautog Plan. Therefore, the moratorium on 
fishing for, possession of, and landing of tautog by the recreational 
and commercial fishermen within New Jersey waters is canceled.

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


[[Page 18261]]


    Dated: March 31, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 08-1090 Filed 3-31-08; 3:59 pm]
BILLING CODE 3510-22-S