[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
[Notices]
[Pages 48060-48061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24203]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[Docket No. 970828208-7208-01; I.D. 072997C]
RIN 0648-XX88


Scup and Black Sea Bass; Interstate Fishery Management Plans

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

ACTION: Notice of determination of noncompliance; notice of 
implementation of a moratorium.

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SUMMARY: In accordance with the Atlantic Coastal Fisheries Cooperative 
Management Act of 1993 (Act), 16 U.S.C. 5101 et seq., the Secretary of 
Commerce (Secretary) has determined that the State of Maryland and the 
Commonwealth of Massachusetts are not in compliance with the Atlantic 
States Marine Fisheries Commission's (Commission) Interstate Coastal 
Fishery Management Plans (FMPs) for scup and black sea bass and that 
the measures Maryland and Massachusetts have failed to implement are 
necessary for the conservation of the fishery in question. Pursuant to 
the Act, a Federal moratorium on fishing for scup and black sea bass 
within Maryland and Massachusetts state waters effective November 15, 
1997, is hereby declared.

DATES: This declaration is made on September 11, 1997. This moratorium 
will become effective on November 15, 1997, unless, by November 1, 
1997, the State of Maryland and/or the Commonwealth of Massachusetts 
adopt and implement measures bringing themselves into compliance with 
the Commission's FMPs. If the State of Maryland and/or the Commonwealth 
of Massachusetts adopt and implement the measures required by the FMPs, 
the Secretary will publish an appropriate announcement in the Federal 
Register rescinding the moratorium with respect to State and/or 
Commonwealth.
FOR FURTHER INFORMATION CONTACT: Richard H. Schaefer, Chief, Staff 
Office for Intergovernmental and Recreational Fisheries, NMFS, 301-427-
2014.

SUPPLEMENTARY INFORMATION:

Background

    The Act was enacted to support and encourage the development, 
implementation, and enforcement of the Commission's FMPs to conserve 
and manage Atlantic coastal fishery resources.
    Section 807 of the Act specifies that, after notification by the 
Commission that an Atlantic coastal state is not in compliance with a 
Commission's FMP, the Secretary shall make a finding, no later than 30 
days after receipt of the Commission's determination, on: (1) Whether 
the state has failed to carry out its responsibilities to implement and 
enforce the Commission's FMP; and (2) whether the measures that the 
state has failed to implement and enforce are necessary for the 
conservation of the fishery in question. If the Secretary finds that 
the state is not in compliance with the Commission's FMP, and if the 
measures the state has failed to implement are necessary for the 
conservation of the fishery, the Secretary shall declare (i.e., impose) 
a moratorium on fishing in that fishery within the waters of the 
noncomplying state. The Secretary shall specify the moratorium's 
effective date, which shall be any date within 6 months after 
declaration of the moratorium. In making such a finding, the Secretary 
shall carefully consider the comments of the Commission, the coastal 
state found out of compliance by the Commission, and the appropriate 
Regional Fishery Management Councils.

[[Page 48061]]

Activities Pursuant to the Act

    On June 27, 1997, the Secretary received letters from the 
Commission prepared pursuant to section 806(b) of the Act. The 
Commission's letters stated that the State of Maryland's and the 
Commonwealth of Massachusetts' scup and black sea bass regulations did 
not meet the provisions of the Commission's FMPs, and, therefore, the 
Commission found the State of Maryland and the Commonwealth of 
Massachusetts out of compliance with the FMPs as described below:

Scup

    The State of Maryland has not implemented and is not enforcing the 
Commission's FMP for scup because it has not adopted the following 
measures contained in the FMP:
    a. Minimum sizes for commercial and recreational fisheries (9 
inches),
    b. Minimum mesh sized for commercial fisheries (7 inches),
    c. Commercial quota limitation (4-1/2 inches),
    d. Permitting and reporting requirements,
    e. Summer closure for the commercial fishery,
    f. Pot and trap limitations, and
    g. Prohibition concerning roller gear greater than 18 inches.
    The Commonwealth of Massachusetts has not implemented permit and 
reporting requirements and restrictions on the use of pot and trap 
gear.

Black Sea Bass

    The State of Maryland has not implemented and is not enforcing the 
Commission's FMP for black sea bass because it has not adopted the 
following measures contained in the FMP:
    a. Minimum size for commercial fisheries (9 inches),
    b. Minimum mesh size for commercial fisheries (4 inches),
    c. Pot and trap restrictions, and
    d. Restriction on roller gear in excess of 18 inches.
    The Commonwealth of Massachusetts has not implemented and is not 
enforcing the Commission's FMP for black sea bass because it has not 
adopted the pot and trap restrictions contained in the FMP.
    The Commission's letters also suggested that the Secretary use his 
discretionary authority under the Act to delay the date of the 
moratorium for up to 6 months, because both states are making an effort 
to come into compliance.
    Both states have agreed with the Commission's determination that 
they are not in compliance, but are taking action to be in compliance 
with both Commission FMPs by September 19, 1997, for Massachusetts, and 
October 20, 1997, for Maryland. Further comments were received from the 
Commission; the New England and Mid-Atlantic Fishery Management 
Councils; NMFS' Northeast Science Center; and the Department of 
Interior's U.S. Fish and Wildlife Service.

Determination Regarding Compliance by the State of Maryland and the 
Commonwealth of Massachusetts

    Based on a careful analysis of all relevant information, and taking 
into account comments presented by the State of Maryland and the 
Commonwealth of Massachusetts, the Secretary has determined that the 
State of Maryland and the Commonwealth of Massachusetts are not in 
compliance with the Commission's FMPs for scup and black sea bass. This 
determination is based on Maryland's and Massachusetts' failure to 
implement and enforce regulatory measures established in the 
Commission's scup and black sea bass FMPs. Further, the Secretary has 
determined that enforcement of these measures is necessary for the 
conservation of scup and black sea bass.
    Although the State of Maryland and the Commonwealth of 
Massachusetts are not in compliance with the Commission's FMPs for scup 
and black sea bass, because they are making expeditious efforts to 
promulgate regulations which would bring themselves into compliance by 
November 1997, the Secretary is delaying the effective date of the 
moratorium until November 15, 1997. If the State of Maryland and/or the 
Commonwealth of Massachusetts adopt and implement measures bringing 
themselves into compliance, the Secretary will publish an appropriate 
announcement in the Federal Register rescinding the moratorium with 
respect to the State and/or the Commonwealth. If the State of Maryland 
and/or the Commonwealth of Massachusetts have not promulgated 
appropriate regulations by November 1, 1997, the moratorium will go 
into effect as of November 15, 1997. In such case, NMFS will promulgate 
a final regulation prohibiting fishing for scup, black sea bass, or 
both within Maryland and/or Massachusetts state waters, effective 
November 15, 1997. Delaying the effective date of the moratorium until 
November 15, 1997, will not significantly diminish conservation efforts 
because each state does have conservation measures in effect, although 
they do not meet the Commission's FMPs for scup and black sea bass.
    NMFS will notify the Governors of Maryland and Massachusetts of 
this action and will promulgate the regulations in the Federal Register 
necessary to implement this moratorium effective November 15, 1997. If 
the moratorium goes into effect, the Secretary will terminate it 
immediately with respect to the State and/or the Commonwealth upon 
receipt of notification from the Commission, and if the Secretary 
concurs with the Commission, that the State and/or the Commonwealth of 
Massachusetts have taken appropriate remedial actions to bring 
themselves into compliance.

    Dated: September 9, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-24203 Filed 9-11-97; 8:45 am]
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