[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Notices]
[Pages 28476-28477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13026]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF479


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Summer Flounder Fishery

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

ACTION: Notice of non-compliance referral.

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SUMMARY: NMFS announces that on June 12, 2017, we received a letter 
from the Atlantic States Marine Fisheries Commission finding the State 
of New Jersey out of compliance with Addendum XXVIII to the Summer 
Flounder, Scup, and Black Sea Bass Interstate Fishery Management Plan 
and requesting Federal non-compliance review under the provisions of 
the Atlantic Coastal Fisheries Cooperative Management Act. This notice 
is necessary to alert the public that NMFS has received and is 
reviewing the referral of non-compliance from the Commission. The 
intended effect of this notice is to inform the public of the 
Commission's recommendation to the Secretary of Commerce and to outline 
both the decision-making process that will be used and potential 
outcomes of the non-compliance review.

FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst, 
(978) 281-9244.

[[Page 28477]]


SUPPLEMENTARY INFORMATION: 
    The Atlantic States Marine Fisheries Commission (Commission) 
developed Addendum XXVIII to the Summer Flounder, Scup, and Black Sea 
Bass Interstate Fishery Management Plan (ISFMP) to specify 2017 
recreational management measures (i.e., regional conservation 
equivalency) for summer flounder, which is currently experiencing 
overfishing. Addendum XXVIII, which was adopted by the Commission in 
February 2017, retained management regions, consistent with those 
established in 2016: (1) Massachusetts; (2) Rhode Island; (3) 
Connecticut and New York; (4) New Jersey; (5) Delaware, Maryland, and 
Virginia; and (6) North Carolina. To provide the maximum amount of 
flexibility and to continue to adequately address the state-by-state 
differences in fish availability, each state in a region is required by 
the Commission to establish identical management measures (i.e., 
fishing season length, minimum size, and possession limit). Addendum 
XXVIII requires each state or region, with the exception of North 
Carolina, to increase the summer flounder minimum size in 2017 by 1 
inch (2.5 cm) relative to the 2016 size limit. The 2017 measures also 
reduce the bag limit for most of the states and regions, while the 
season length remains the same as in 2016.
    These measures were designed to constrain coastwide catch of summer 
flounder to within the 2017 recreational harvest limit. For New Jersey, 
Addendum XXVIII requires the following measures:
     Shore mode for Island Beach State Park only: 17-inch 
(43.2-cm) minimum size limit, 2-fish possession limit, and 128-day open 
season.
     Delaware Bay only (west of the COLERG line): 18-inch 
(45.7-cm) minimum size limit, 3-fish possession limit, and 128-day open 
season.
     All other marine waters (east of the COLERG line): 19-inch 
(48.3-cm) minimum size limit, 3-fish possession limit, and 128-day open 
season.
    The Commission required New Jersey to implement these measures in 
state waters by May 25, 2017. Instead, New Jersey implemented size 
limits that are one-inch lower in each area described in the bullets 
above and instituted a season of 104 days. The bag limits remain the 
same as those required under the addendum. On June 1, 2017, the 
Commission found the State of New Jersey out of compliance for not 
fully and effectively implementing and enforcing the Addendum XXVIII 
measures. The Commission notified NMFS of its non-compliance finding by 
letter on June 12, 2017.
    Federal response to a Commission non-compliance referral is 
governed by the Atlantic Coastal Fisheries Cooperative Management Act 
(Atlantic Coastal Act). Under the Atlantic Coastal Act, the Secretary 
of Commerce 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, New Jersey) 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 (in this case, summer flounder). If NMFS determines that New 
Jersey has failed to carry out its responsibilities under the ISFMP, 
and if the measures it failed to implement are necessary for 
conservation, then, according to the Atlantic Coastal Act, NMFS must 
declare a moratorium on summer flounder fishing in New Jersey waters. 
Further, the moratorium must become effective within six months of the 
date of the Secretary's non-compliance determination. If New Jersey is 
found out of compliance by NMFS and later implements Addendum XXVIII 
measures, the Atlantic Coastal Act allows the state to petition the 
Commission that it has come back into compliance. If the Commission 
concurs that New Jersey has come into compliance, the Commission will 
notify the Secretary. If the Secretary concurs, the moratorium will be 
withdrawn.
    NMFS has notified New Jersey, the Commission, and the Mid-Atlantic 
Fishery Management Council in separate letters, of its receipt of the 
Commission's non-compliance referral. NMFS solicits comments from the 
Commission and Council to the extent either is interested in providing 
comments on the non-compliance referral. NMFS also indicated to New 
Jersey that it is entitled to meet with and present its comments 
directly to NMFS, if so desired.
    NMFS intends to make its non-compliance determination, including 
supporting rationale, on or about July 11, 2017, which is 30 days after 
receipt of the Commission's non-compliance referral. NMFS will announce 
its determination by Federal Register notice immediately thereafter. To 
the extent that NMFS makes an affirmative non-compliance finding, NMFS 
will announce the effective date of the moratorium in that Federal 
Register notice.

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

    Dated: June 19, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-13026 Filed 6-19-17; 4:15 pm]
 BILLING CODE 3510-22-P