[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Notices]
[Page 44938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18784]



[[Page 44938]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XX28


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Atlantic Coastal Shark Fishery

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

ACTION:  Notice of cancellation of Federal moratorium.

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SUMMARY:  NMFS announces the cancellation of the Federal moratorium on 
fishing for Atlantic coastal sharks 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) Interstate 
Fishery Management Plan for Atlantic Coastal Sharks (Coastal Shark 
Plan).

DATES:  Effective July 30, 2010.

ADDRESSES:  Emily Menashes, Acting Director, Office of Sustainable 
Fisheries, NMFS, 1315 East-West Highway, Room 13362, Silver Spring, MD 
20910.

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

SUPPLEMENTARY INFORMATION:

Background

    On February 4, 2010, the Commission found that the State of New 
Jersey was out of compliance with the Commission's Coastal Shark Plan. 
Specifically, the Commission found that New Jersey had not implemented 
regulations that are necessary to rebuild depleted shark stocks, ensure 
sustainable harvest of others, and provide protection for sharks in 
nursing and pupping grounds found within State waters. The Commission 
forwarded the findings of their vote on February 4, 2010, in a formal 
non-compliance referral letter that was received by NMFS on February 8, 
2010.
    On March 16, 2010, NMFS notified the State of New Jersey and the 
Commission of its determination that New Jersey failed to carry out its 
responsibilities under the Commission's Coastal Shark Plan and that the 
measures New Jersey has failed to implement and enforce are necessary 
for the conservation of the shark resource. In this determination and 
notification, NMFS detailed the actions necessary to avoid the 
implementation of a Federal moratorium for sharks in New Jersey waters. 
Details of this determination were provided in a Federal Register 
notice published on April 27, 2010 (75 FR 22103), 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 July 20,2010, 
NMFS received a letter from the Commission that New Jersey has taken 
corrective action to comply with the Coastal Shark Plan, and that the 
Commission has withdrawn its determination of noncompliance.

Cancellation of the Moratorium

    Based on the Commission's July 20, 2010, letter, information 
received from the State of New Jersey, and NMFS review of New Jersey's 
revised coastal shark regulations, NMFS concurs with the Commission's 
determination that New Jersey is now in compliance with the Coastal 
Shark Plan. Therefore, the moratorium on fishing for, possession of, 
and landing of Atlantic coastal sharks by the recreational and 
commercial fishermen within New Jersey waters is canceled. NMFS, 
however, wishes to remind the public that although the Federal non-
compliance moratorium is withdrawn, other State and Federal coastal 
shark regulations continue to remain in effect, including regulations 
that prohibit the landing of some shark species. NMFS urges the shark 
fishing public to be knowledgeable of all shark fishing regulations 
before engaging in the fishery.

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

    Dated: July 26, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-18784 Filed 7-27-10; 4:15 pm]
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