[Federal Register Volume 85, Number 108 (Thursday, June 4, 2020)]
[Notices]
[Pages 34422-34423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12071]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XV136


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Atlantic Menhaden Fishery

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

ACTION: Notice of withdrawal of federal moratorium.

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SUMMARY: NMFS announces the withdrawal of the Federal moratorium on 
fishing for Atlantic menhaden in the waters of the Commonwealth of 
Virginia. NMFS withdraws the moratorium, as required by the Atlantic 
Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act), 
based on its determination that Virginia is now in compliance with the 
Atlantic States Marine Fisheries Commission's (Commission) Interstate 
Fishery Management Plan for Atlantic Menhaden.

DATES: June 4, 2020.

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

FOR FURTHER INFORMATION CONTACT: Derek Orner, Fishery Management 
Specialist, NMFS Office of Sustainable Fisheries, (301) 427-8567; 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On October 31, 2019, the Commission found that the Commonwealth of 
Virginia is out of compliance with the Commission's Interstate Fishery 
Management Plan (Plan) for Atlantic menhaden. Specifically, the 
Commission required Virginia to implement a total allowable harvest 
from the Chesapeake Bay Reduction Fishery that would not exceed 51,000 
metric tons (mt). Amendment 3 was approved in the fall 2017, and was to 
be fully implemented by the Commonwealth of Virginia for the 2018 
fishing season. Virginia, however, did not implement the Commission's 
recommended 51,000 mt cap and instead maintained its pre-existing 
87,216 mt cap. At the time, Atlantic menhaden in Virginia were managed 
by the legislature and not the Virginia Marine Resources Commission, 
which manages all other Virginia fishery species. The Virginia 
delegation to the Commission agreed it was out of compliance and voted 
for a non-compliance finding at the Commission's Atlantic Menhaden and 
Policy Boards as well as the Commission's Business Section. The 
Commission forwarded its findings of their October 31, 2019 vote in a 
formal non-compliance referral letter that was received by NMFS on 
November 18, 2019. On December 17, 2019, NMFS notified the Commonwealth 
of Virginia and the Commission of its determination that Virginia 
failed to carry out its responsibilities under the Commission's 
Atlantic Menhaden Plan and that the measures Virginia had failed to 
implement and enforce are necessary for the conservation of the 
menhaden resource. In this determination and notification, NMFS 
detailed the actions necessary to avoid the implementation of a Federal 
moratorium for menhaden in Virginia waters. Details of this 
determination were provided in a Federal Register notice published on 
December 27, 2019 (84 FR 71329), 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 Secretary determines that 
the State is in compliance, then the moratorium shall be withdrawn. On 
May 12, 2020, NMFS

[[Page 34423]]

received a letter from the Commission that Virginia had taken 
corrective action to comply with the Atlantic Menhaden Plan, and that 
the Commission has withdrawn its determination of non-compliance.

Withdrawal of the Moratorium

    Based on the Commission's May 12, 2020, letter, as well as 
information received from the Commonwealth of Virginia, and NMFS' 
review of Virginia's revised Atlantic menhaden regulations, NMFS 
concurs with the Commission's determination that Virginia is now in 
compliance with the Atlantic Menhaden Plan. Specifically, NMFS reviewed 
the Commission's Menhaden Plan and Virginia's recently approved 
management measures. The management measures implement a program that 
is consistent with the Atlantic menhaden management program set by the 
Commission to conserve menhaden in Chesapeake Bay and achieve the 
objectives specified in the Plan. Therefore, we concur with the 
Commission's finding that Virginia is now in compliance and that the 
moratorium on fishing for, possession of, and landing of Atlantic 
menhaden by the recreational and commercial fishermen within Virginia 
waters is no longer necessary to conserve the fishery. The moratorium, 
which was scheduled for June 17, 2020, is withdrawn.

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

    Dated: June 1, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-12071 Filed 6-3-20; 8:45 am]
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