[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Proposed Rules]
[Pages 56553-56554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22509]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 0912011421-0200-01]
RIN 0648-AY41


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Weakfish Fishery

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 proposing a 100 lb (45 kg) per 
day or trip commercial possession limit for weakfish (Cynoscion 
regalis) caught in the Exclusive Economic Zone (EEZ) and setting the 
recreational possession limit at 1 fish per person per day or trip. The 
intent of the proposed rule was to modify regulations for the Atlantic 
coastal stock of weakfish to be more compatible with Addendum IV to 
Amendment 4 of the Atlantic States Marine Fisheries Commission's 
(Commission) Interstate Fishery Management Plan (ISFMP). The Commission 
has now concluded that existing Federal regulations are 
conservationally equivalent to state regulations; therefore, changes to 
current EEZ regulations are no longer needed. Such action is authorized 
under the Atlantic Coastal Fisheries Cooperative Management Act 
(Atlantic Coastal Act).

DATES: The proposed rule published on May 12, 2010 (75 FR 26703) is 
withdrawn as of September 22, 2014.

FOR FURTHER INFORMATION CONTACT: Steve Meyers, (301) 427-8500.

SUPPLEMENTARY INFORMATION: 

Background

    At the request of the Commission, NMFS explored management measures 
to modify weakfish conservation measures in the EEZ under the authority 
of the Atlantic Coastal Act, 16 U.S.C. 5103, which states that, in the 
absence of an approved and implemented Fishery Management Plan under 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) (16 U.S.C. 1801 et seq.) and, after consultation with the 
appropriate Fishery Management Council(s), the Secretary of Commerce 
(Secretary) may implement regulations to govern fishing in the EEZ 
(i.e., from 3 to 200 nm offshore).
    On November 3, 2009, the Commission adopted Addendum IV to 
Amendment 4 to the ISFMP for Weakfish (Addendum IV), in response to the 
stock status of weakfish. A peer-reviewed assessment found the weakfish 
stock to be depleted. The decline in biomass reflects a sustained rise 
in natural mortality after 1995, rather than fishing mortality, which 
has been modest and stable over the same time period. As a result, the 
Commission's Weakfish Management Board approved management measures to 
reduce exploitation by more than 50-percent in both the recreational 
and commercial sectors. Addendum IV

[[Page 56554]]

requires states to implement a 100 lb (45 kg) commercial trip limit, a 
100 lb (45 kg) commercial bycatch limit during closed seasons, and a 
one-fish recreational creel limit. Addendum IV maintains the current 12 
in (30.5 cm) minimum size for weakfish. The sale of undersized fish 
continues to be prohibited.
    In May 2010, NMFS published a proposed rule and request for 
comments to establish compatible regulations. Existing regulations 
prohibited possession of more than 150 lb per trip and fishing for 
weakfish less than 12 in (30.5 cm); there was no recreational bag 
limit.
    In August 2010, NMFS received a letter from the Commission 
informing NMFS that all states would retain a commercial limit of 100 
lb (45 kg) except for North Carolina, which would have a 1,000 lb (450 
kg) possession limit. The Commission's Weakfish Technical Committee had 
concluded that, as the stock decline was the result of natural 
mortality and not fishing mortality, the 1,000 lb (450 kg) limit would 
be conservationally equivalent to a 100 lb (45 kg) limit. The 
Commission defines conservation equivalency as actions which differ 
from the specific requirements of the ISFMP, but which achieve the same 
quantified level of conservation for the resource under management. To 
support Addendum IV, the Commission had requested that the 1,000 lb 
(450 kg) limit be established in the EEZ adjacent to North Carolina, 
with all other Atlantic states having a 100 lb limit in the adjacent 
EEZ.
    In March 2014, NMFS received a letter from the Commission stating 
that North Carolina had implemented the 100 lb (45 kg) commercial limit 
and ended the 1,000 lb (450 kg) limit. The letter further stated that 
the Commission was withdrawing its request to change the weakfish 
regulations in the EEZ because the existing regulations are 
conservationally equivalent to state regulations.
    Weakfish harvested in the EEZ do not result in high ex-vessel sales 
and as such they are seldom targeted by recreational and commercial 
fishermen. To the extent weakfish are caught, it is only as bycatch and 
presumed dead, so the difference between a 100 lb and 150 lb limit 
provides no additional conservation. The same can be said for 
recreational harvest, given that it minimally exists in the EEZ and 
harvest is controlled by state landing limits. Per the Commission's 
request, we are withdrawing the proposed rule.

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

    Dated: September 16, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-22509 Filed 9-19-14; 8:45 am]
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