[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Proposed Rules]
[Page 32364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12860]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 253 and 600

[Docket No. 080228332-81199-01]
RIN 0648-AW38


Magnuson-Stevens Act Provisions; Interjurisdictional Fisheries 
Act; Disaster Assistance Programs; Fisheries Assistance Programs

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: NMFS withdraws a proposed rule for proposed regulations 
governing the requests for determinations of fishery resource disasters 
as a basis for acquiring disaster assistance, which was published on 
January 15, 2009. Instead of going forward with a final rule directly 
resulting from the 2009 proposed rule, NMFS issued an internal policy 
on June 16, 2011.

DATES: The proposed rule published on January 15, 2009 (74 FR 2467) is 
withdrawn as of May 30, 2013.

FOR FURTHER INFORMATION CONTACT: Christopher L. Wright, Fishery Policy 
Analyst, 301-427-8570, or via email [email protected].

SUPPLEMENTARY INFORMATION: In accordance with the Magnuson-Stevens 
Fishery Conservation and Management Act (MSA) and the 
Interjurisdictional Fisheries Act (IFA), NMFS (on behalf of the 
Secretary of Commerce) proposed regulations that were to govern the 
requests for determinations of fishery resource disasters as a basis 
for acquiring potential disaster assistance. The proposed regulations 
would have established definitions, characteristics of commercial 
fishery failures, fishery resource disasters, serious disruptions 
affecting future production, and harm incurred by fishermen. It also 
established requirements for initiating a review by NMFS, and the 
administrative process it would follow in response to such requests. 
The intended result of the proposed procedures and requirements was to 
clarify and interpret the fishery disaster assistance provisions of the 
MSA and the IFA through rulemaking and, thereby, ensure consistency and 
facilitate the processing of requests.
    On June 16, 2011, NMFS issued an internal policy for determinations 
of fishery resource disasters as a basis for acquiring potential 
disaster assistance titled: POLICY Guidance for Disaster Assistance 
Under Magnuson-Stevens Act 312(a) and Interjurisdictional Fisheries Act 
308(b) and 308(d), http://www.nmfs.noaa.gov/sfa/sf3/disaster_policy2011.pdf. The purpose of this document is to provide guidance for 
evaluating requests for fisheries disaster relief under the provisions 
of section 312(a) and 315 of the MSA and sections 308(b) and 308(d) of 
the IFA.

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

    Dated: May 24, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, Performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2013-12860 Filed 5-29-13; 8:45 am]
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