[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Proposed Rules]
[Page 40674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17357]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 0808061074-81147-01]
RIN 0648-AW66


Fisheries in the Western Pacific; Pelagic Fisheries; Purse Seine 
Prohibited Areas Around American Samoa

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

ACTION: Disapproval of fishery ecosystem plan amendment and withdrawal 
of proposed rule.

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SUMMARY: NMFS announces that it has disapproved proposed Amendment 3 to 
the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific 
(FEP) that would have prohibited purse seine fishing within 75 nm of 
shore around American Samoa. Therefore, NMFS withdraws the proposed 
rule for Amendment 3.

FOR FURTHER INFORMATION CONTACT: Adam Bailey, NMFS, (808) 944-2248.

SUPPLEMENTARY INFORMATION: In Amendment 3 to the FEP, the Council 
recommended that NMFS prohibit purse seine fishing in the EEZ within 75 
nm of shore around American Samoa. Fishing by all U.S. vessels 50 ft 
and longer, including purse seiners, is currently prohibited within 50 
nm of shore. Amendment 3 would have extended the boundaries of the 
prohibited areas offshore an additional 25 nm specifically for purse 
seine fishing. The recommended additional prohibited areas were 
intended to prevent localized stock depletion by purse seine fishing, 
and to reduce catch competition and gear conflicts between U.S. purse 
seine vessels and American Samoa-based local longline and trolling 
fleets.
    NMFS disapproved Amendment 3 on July 5, 2011, because the proposed 
measures were inconsistent with the Magnuson-Stevens Fishery Management 
and Conservation Act's National Standard 2. National Standard 2 
requires conservation and management measures to be based on the best 
scientific information available, and requires that fishery actions be 
founded on thorough analyses that allow NMFS to conclude that the 
selected alternative will accomplish necessary and appropriate 
conservation and management objectives. The Council's recommendation 
found inadequate support in the scientific evidence presented to NMFS. 
As a result of disapproving Amendment 3, NMFS will not publish a final 
rule to implement the proposed prohibited areas.
    NMFS hereby withdraws the proposed rule (76 FR 23964, April 29, 
2011).

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

    Dated: July 5, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2011-17357 Filed 7-8-11; 8:45 am]
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