[Federal Register Volume 65, Number 211 (Tuesday, October 31, 2000)]
[Rules and Regulations]
[Pages 64896-64897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27866]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 00824246--0294--03; I.D. 062700F]
RIN 0648-AO33


Horseshoe Crab; Interstate Fishery Management Plans; Cancellation 
of Moratorium

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

ACTION: Cancellation of Federal moratorium; final rule.

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SUMMARY: The Secretary of Commerce (Secretary) announces the 
cancellation of the Federal moratorium on fishing for horseshoe crabs 
in the Commonwealth of Virginia (Virginia) waters and the removal of 
regulations prohibiting the possession of horseshoe crabs in Virginia 
waters and the landing of horseshoe crabs in Virginia, regardless of 
where they were caught. The Secretary cancelled the moratorium, as 
required by the Atlantic Coastal Fisheries Cooperative Management Act 
(Act), based on his determination that Virginia is now in compliance 
with the Atlantic States Marine Fisheries Commission's (Commission) 
Interstate Fishery Management Plan (ISFMP) for horseshoe crabs.

DATES: Effective October 26, 2000.

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

SUPPLEMENTARY INFORMATION:

Background

    On July 7, 2000, National Marine Fisheries Service (NMFS) 
determined that Virginia was not in compliance with Addendum 1 to the 
Commission's ISFMP for horseshoe crabs and that the measure Virginia 
failed to implement is necessary for the conservation of the fishery in 
question. Virginia was notified by letter on July 11, 2000, of this 
determination, and that NMFS required additional time to analyze the 
timing and nature of the moratorium's implementation before issuing a 
declaration of a moratorium and a rule necessary to implement Section 
806 of the Act.
    On October 16, 2000 (65 FR 61116), the Secretary declared a Federal 
moratorium effective October 23, 2000, on fishing for horseshoe crabs 
in Virginia waters and issued regulations prohibiting the possession of 
horseshoe crabs in Virginia waters and the landing of horseshoe crabs 
in Virginia, regardless of where they were caught. Details were 
provided in the October 16, 2000, Federal Register document and are not 
repeated here. On October 20, 2000, the Secretary stayed the effective 
date of the moratorium and associated regulations until October 27, 
2000, because Virginia was in the process of implementing regulations 
to reduce its horseshoe crab quota. This stay was filed on October 20, 
2000, at the Office of the Federal Register, effective October 23, 
2000, and published in the Federal Register on October 24, 2000 (65 FR 
63550).
    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. If the State is determined to be in compliance, the 
moratorium shall be terminated.

Activities Pursuant to the Act

    On October 20, 2000, the Secretary received a letter from the 
Commission prepared pursuant to the Act. The Commission's letter stated 
that Virginia had taken corrective action to comply with Addendum 1 to 
the Commission's ISFMP for horseshoe crabs, and, therefore, the 
Commission was withdrawing its determination of noncompliance.

Cancellation of the Moratorium

    Based on the Commission's October 20, 2000, letter, information 
received from the Virginia, and the Secretary's review of Virginia's 
revised regulations, which reduced its quota of horseshoe crabs from 
355,000 horseshoe crabs to 152,495 horseshoe crabs as required by 
Addendum 1, the Secretary concurs with the Commission's determination 
that Virginia is now in compliance with Addendum 1 to the Commission's 
ISFMP for horseshoe crabs. Therefore, the moratorium on fishing for 
horseshoe crabs in Virginia waters is cancelled, and the associated 
regulations removed.

Changes from Interim Final Rule

    These changes were due to the cancellation of the moratorium and 
associated regulations. The definition of horseshoe crab in Sec.  697.2 
is removed, and in Sec.  697.7, paragraph (e) is removed. This 
paragraph includes the provision that it is unlawful for any person to 
possess horseshoe crabs in Virginia waters or land horseshoe crabs

[[Page 64897]]

in Virginia, regardless of where they were harvested.

List of Subjects in 50 CFR Part 697

    Fisheries, Fishing, Intergovernmental relations.

    Dated: October 25, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, the regulatory text which 
was added as an interim rule to part 697 at 65 FR 61116 on October 16, 
2000, and amended at 65 FR 63550 on October 24, 2000, is amended as 
follows:

PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

    1. The authority citation for 50 CFR part 697 continues to read as 
follows:

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


Sec.  697.2  [Amended]

    2. In Sec.  697.2, definition for ``Horseshoe crab'' is removed.


Sec.  697.7  [Amended]

    3. In Sec.  697.7, paragraph (e) is removed.
[FR Doc. 00-27866 Filed 10-26-00; 1:08 pm]
BILLING CODE 3510-22-S