[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Notices]
[Pages 61785-61786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24795]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XJ61


Atlantic Striped Bass Conservation Act; Atlantic Coastal 
Fisheries Cooperative Management Act; Magnuson-Stevens Fishery 
Conservation and Management Act; Executive Order 13449; Protection of 
Striped Bass and Red Drum Populations

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

ACTION: Notice of agency finding.

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SUMMARY: This notice announces that NMFS has determined that the 
regulatory requirements of Executive Order (E.O.) 13449, ``Protection 
of Striped Bass and Red Drum Fish Populations'' are fulfilled. The E.O. 
authorized the Secretary of Commerce to revise regulations as 
appropriate, to include the prohibition of sale of striped bass and red 
drum caught within the U.S. exclusive economic zone (EEZ) of the 
Atlantic Ocean and the Gulf of Mexico. Upon review of existing 
regulations, NMFS has determined that current prohibitions on the 
possession and sale of striped bass and red drum caught in the EEZ 
achieve the intent of the E.O., thus no further action is warranted at 
this time.

ADDRESSES: Questions regarding this notice may be directed to: Alan 
Risenhoover, Director, Office of Sustainable Fisheries, 1315 East-West 
Highway, Silver Spring, MD 20910. Mark the outside envelope, ``Red Drum 
and Striped Bass.'' Copies of the E.O. are available online at: http://www.nmfs.noaa.gov/sfa/state_federal/regulatory_activities.htm.

FOR FURTHER INFORMATION CONTACT: Alan Risenhoover, 301-713-2334.

SUPPLEMENTARY INFORMATION:

Background

    On October 20, 2007, the President signed E.O. 13449, which states 
it is the policy of the United States to conserve striped bass and red 
drum for the recreational, economic, and environmental benefit, based 
on sound science and in cooperation with State, territorial, local, and 
tribal governments. The E.O. contains a provision calling on the 
Secretary of Commerce to revise current regulations, as appropriate, to 
include a prohibition of sale of striped bass and red drum caught 
within the EEZ of the Atlantic and Gulf of Mexico. Striped bass and red 
drum are managed under the authorities of Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and the 
provisions of the Atlantic Coastal Fisheries Cooperative Management Act 
(Atlantic Coastal Act) and the Atlantic Striped Bass Conservation Act 
(Striped Bass Act). At present, striped bass regulations at 50 CFR 
697.7(b) already prohibit anyone from fishing for, harvesting, or 
possessing Atlantic striped bass in the EEZ, with the exception for 
possession of Atlantic striped bass near Block Island Sound, RI, and 
Montauk Point, NY (Sec.  697.7(b)(3)). Similarly, red drum regulations 
at 50 CFR 622.32(b)(2)(iii) (for red drum in the Gulf of Mexico), and 
Sec.  697.7(f) (for red drum in the Atlantic Ocean, regulations which 
were formerly located at Sec.  622.32(b)(3) and Sec.  
622.32(b)(4)(iii)) also prohibit harvest and possession of red drum 
from the EEZ. In addition to these species specific prohibitions, the 
general prohibitions at 50 CFR 600.725(a) state that it is unlawful to 
offer for sale or sell any fish taken or retained in violation of the 
Magnuson-Stevens Act or any other statute administered by NOAA.
    NMFS published a final rule on October 6, 2008 (73 FR 58059) 
repealing the Atlantic Coast Red Drum Fishery Management Plan and 
transferring management authority of Atlantic red drum in the EEZ from 
the South Atlantic Fishery Management Council, under the Magnuson-
Stevens Act to the Atlantic States Marine Fisheries Commission, under 
the Atlantic Coastal Act. Under this final rule, the current 
prohibitions remain in effect in a different section of the Code of 
Federal Regulations. Thus, this notice does not impact the final rule, 
nor are findings of this notice changed as a result of the final rule.

Findings

    NMFS has determined that the current prohibitions on the possession 
of striped bass and red drum caught in the EEZ, in concert with the 
prohibition on sale of fish taken in violation of statutes administered 
by NOAA, constitutes fulfillment of the requirements of E.O. 13449.

    Authority: 16 U.S.C. 1801 et seq.


[[Page 61786]]


    Dated: October 10, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E8-24795 Filed 10-16-08; 8:45 am]
BILLING CODE 3510-22-S