[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Pages 9158-9159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4185]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XU54


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Coastal Sharks 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 4, 2010, the Atlantic States 
Marine Fisheries Commission (Commission) found the State of New Jersey 
out of compliance with the Commission's Interstate Fishery Management 
Plan (ISFMP) for Coastal Sharks. 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 
30 days after receiving the referral. If NMFS determines that New 
Jersey failed to carry out its responsibilities under the Coastal 
Sharks 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 coastal sharks in New Jersey 
waters.

DATES:  NMFS intends to make a determination on this matter by March 
10, 2010, and will publish its findings in the Federal Register 
immediately thereafter.

ADDRESSES:  Written comments should be sent to Alan Risenhoover, 
Director,

[[Page 9159]]

Office of Sustainable Fisheries, NMFS, 1315 East-West Highway, Room 
13362, Silver Spring, MD 20910. Mark the outside of the envelope 
``Comments on Coastal Shark Non-Compliance.'' Comments may also be sent 
via fax to (301) 713-0596.

FOR FURTHER INFORMATION CONTACT:  Brian Hooker, Fishery Management 
Specialist, NMFS Office of Sustainable Fisheries, (301) 713-2334.

SUPPLEMENTARY INFORMATION: The Coastal Shark ISFMP includes management 
measures for several species of Atlantic sharks. The implementation of 
these regulations is necessary to rebuild depleted shark stocks, ensure 
sustainable harvest of others, and provide protection for sharks in 
state nursing and pupping grounds. The Commission's Technical Committee 
has identified Delaware Bay as one of the most important nursing 
grounds for depleted sandbar sharks on the Atlantic Coast. Included in 
the 22 commercial and recreational regulations in the FMP is a seasonal 
closure from Virginia north through New Jersey to protect pupping 
sandbar sharks. On February 4, 2010, the Commission found the State of 
New Jersey out of compliance for not fully and effectively implementing 
and enforcing the Coastal Shark 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 (Secretary) must make two findings within 30 
days after receiving the non-compliance referral. First, the Secretary 
must determine whether the state in question (in this case, New Jersey) 
has failed to carry out its responsibilities under the ISFMP. Second, 
the Secretary 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 coastal 
sharks) within the waters of the non-complying state (in this case, New 
Jersey). Further, the moratorium must become effective within six 
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 and, if 
the Secretary concurs, the moratorium will be withdrawn. The Secretary 
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 
comments from the Commission and Councils to the extent either entity 
is interested in providing such comments. 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 10, 2010, 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 24, 2010.
 James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-4185 Filed 2-26-10; 8:45 am]
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