[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Notices]
[Pages 33242-33243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14064]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XW45


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Weakfish Fishery

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

ACTION: Notice of non-compliance findings.

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SUMMARY: On May 6, 2010, the Atlantic States Marine Fisheries 
Commission (Commission) found the State of North Carolina out of 
compliance with the Commission's Interstate Fishery Management Plan 
(ISFMP) for Weakfish. Subsequently, the Commission referred the matter 
to NMFS in a letter dated May 7, 2010, under delegation of authority 
from the Secretary of Commerce (Secretary), 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. On May 25, 2010, the Secretary was notified by the Commission 
that North Carolina had taken corrective action to comply with the 
management measures in the ISFMP, and the Commission now finds North 
Carolina in compliance with the Plan. NMFS concurs with this finding 
and concludes its obligations for this particular non-compliance 
referral.

DATES: Effective May 25, 2010.

ADDRESSES: Written comments should be sent to Emily Menashes, Acting 
Director, Office of Sustainable Fisheries, NMFS, 1315 East-West 
Highway, Room 13362, Silver Spring, MD 20910. Mark the outside of the 
envelope ``Comments on Weakfish 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 Weakfish ISFMP includes management 
measures for weakfish, also known as grey sea trout, in state and 
Federal waters. The Commission believes that implementation of these 
regulations is necessary to rebuild depleted weakfish stocks. North 
Carolina is consistently one of the top three states for weakfish 
landings by volume and thus integral to the successful implementation 
of the ISFMP. On May 4, 2010, the Commission's Weakfish Management 
Board found the State of North Carolina out of compliance for not fully 
and effectively implementing and enforcing the Weakfish ISFMP. The 
Commission's Policy Board and Business Session similarly voted North 
Carolina out of compliance on May 6, 2010. The Commission subsequently 
referred its non-compliance finding to NMFS on May 7, 2010.
    Federal response to a Commission non-compliance referral is 
governed by the Atlantic Coastal Act. Under the Atlantic Coastal Act, 
the 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, North Carolina) 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 makes affirmative findings on both 
criteria, then the Secretary must implement a moratorium on fishing in 
the fishery in question within the waters of the non-complying state. 
Further, the moratorium must become effective within six months of the 
date of the Secretary's non-compliance determination. To the extent 
that the state later implements the ISFMP measures, the Atlantic 
Coastal Act allows the state to petition the Commission that it has 
come back into compliance; 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 notified the State of North Carolina, the Commission, the 
South Atlantic Fishery Management Council, 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 solicited comments from the Commission 
and Councils. NMFS also informed the State of North Carolina that the 
State is entitled to meet with and present its comments directly to 
NMFS.
    On May 21, 2010, the North Carolina Division of Marine Fisheries 
adopted management measures implementing the Weakfish ISFMP. On May 24, 
2010, NMFS met with the North Carolina Division of Marine Fisheries 
regarding

[[Page 33243]]

implementation of the ISFMP. On May 25, 2010, the Commission notified 
the Secretary that North Carolina had taken corrective action to comply 
with the management measures in the ISFMP, and the Commission now finds 
North Carolina in compliance with the Weakfish ISFMP. NMFS reviewed the 
ISFMP and North Carolina's recently approved weakfish management 
measures and agrees with the Commission that North Carolina's newly 
enacted measures comply with the requirements of the Weakfish ISFMP. 
Therefore, NMFS determines that North Carolina is now carrying out its 
responsibilities under the Commission's Weakfish ISFMP and that the 
state is in compliance. With such a determination, NMFS' statutory 
responsibilities in this matter are discharged, the basis for further 
proceedings no longer exists, and the matter is concluded.

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

    Dated: June 8, 2010
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2010-14064 Filed 6-8-10; 4:15 pm]
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