[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Notices]
[Pages 60823-60824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29877]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[Docket No. 970828208-7262-02; I.D. 072997C]


Scup and Black Sea Bass; Interstate Fishery Management Plans; 
Cancellation of Moratorium

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

ACTION: Notice of determination of compliance; cancellation of 
moratorium.

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SUMMARY: In accordance with the Atlantic Coastal Fisheries Cooperative 
Management Act of 1993 (Act), the Federal moratorium on fishing for 
scup and black sea bass in the coastal waters of the State of Maryland 
and the Commonwealth of Massachusetts that would have been effective on 
November 15, 1997, is cancelled. The Secretary was notified by the 
Atlantic States Marine Fisheries Commission (Commission) that because 
Maryland and Massachusetts are now in compliance with the provisions of 
the Commission's Interstate Fishery Management Plans (FMPs) for scup 
and black sea bass, that it was withdrawing its findings and 
determinations of noncompliance. The Secretary concurs. Accordingly, 
the moratorium is cancelled.

DATES: Effective November 14, 1997.


[[Page 60824]]


FOR FURTHER INFORMATION CONTACT: Richard H. Schaefer, Chief, Staff 
Office for Intergovernmental and Recreational Fisheries, NMFS, 301-427-
2014.

SUPPLEMENTARY INFORMATION:

Background

    On September 12, 1997, NMFS published a document in the Federal 
Register (FR) (62 FR 48060) announcing the Secretary's determination 
that the State of Maryland and the Commonwealth of Massachusetts were 
not in compliance with the Commission's FMPs for scup and black sea 
bass. In the document a moratorium was declared on fishing for these 
two species in Maryland and Massachusetts state waters, effective 
November 15, 1997, if Maryland and Massachusetts were not in compliance 
by November 1, 1997. Details were provided in the September 12, 1997, 
FR document and are not repeated here.
    The 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(s). If the State is determined to be in compliance, the 
moratorium shall be terminated.

Activities Pursuant to the Act

    On October 31, 1997, the Secretary received letters from the 
Commission prepared pursuant to the Act. The Commission's letters 
stated that the State of Maryland and the Commonwealth of Massachusetts 
had now in effect regulations on scup and black sea bass implementing 
the provisions of the Commission's FMPs, and, therefore, the Commission 
was withdrawing its determinations of noncompliance. In addition, upon 
further evaluation of the noncompliance status of the Commonwealth of 
Massachusetts, the Secretary has determined that Massachusetts had in 
place the proper permit and reporting requirements for scup, and, 
therefore, was not out of compliance on these measures.

Cancellation of the moratorium

    Based on the Commission's October 31, 1997, letter, and information 
received from the State of Maryland, the Commonwealth of Massachusetts, 
and the Department of Interior's U.S. Fish and Wildlife Service, the 
Secretary has determined that Maryland and Massachusetts are now in 
compliance with the Commission's FMPs for scup and black sea bass. 
Therefore, the moratorium on fishing for these species in Maryland and 
Massachusetts state waters is canceled.

    Dated: November 6, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-29877 Filed 11-7-97; 4:04 pm]
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