[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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