81 FR 13777 - Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Eel Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 50 (March 15, 2016)

NMFS announces the withdrawal of the Federal moratorium on fishing for American eel in the State waters of Delaware. NMFS withdraws the moratorium, as required by the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act), based on the determination that Delaware is now in compliance with the Atlantic States Marine Fisheries Commission's (Commission) Interstate Fishery Management Plan for American Eel.

[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Notices]
[Pages 13777-13778]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05804]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE205


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
American Eel 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 American eel in the State waters of Delaware. NMFS 
withdraws the moratorium, as required by the Atlantic Coastal Fisheries 
Cooperative Management Act (Atlantic Coastal Act), based on the 
determination that Delaware is now in compliance with the Atlantic 
States Marine Fisheries Commission's (Commission) Interstate Fishery 
Management Plan for American Eel.

DATES: Effective March 15, 2016

ADDRESSES: Alan Risenhoover, 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 August 6, 2015, the Commission found that the State of Delaware 
was out of compliance with the Commission's American Eel Plan. 
Specifically, the Commission found that Delaware had not implemented 
regulations that are necessary to rebuild the depleted American eel 
stock, and to ensure sustainable commercial and recreational harvest 
while preventing over-harvest of any eel life stage. The Commission 
forwarded its findings of their August 6th vote in a formal non-
compliance referral letter that was received by NMFS on August 19, 
2015. On September 18, 2015, NMFS notified the State of Delaware and 
the Commission of its determination that Delaware failed to carry out 
its responsibilities under the Commission's American Eel Plan and that 
the measures Delaware had failed to implement and enforce are necessary 
for the conservation of the eel resource. In this determination and 
notification, NMFS detailed the actions necessary to avoid the 
implementation of a Federal moratorium for eel in Delaware waters. 
Details of this determination were provided in a Federal Register 
notice published on September 23, 2015 (80 FR 57343), 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

[[Page 13778]]

applicable plan. If the State is determined to be in compliance, the 
moratorium shall be withdrawn. On February 4, 2016, NMFS received a 
letter from the Commission that Delaware had taken corrective action to 
comply with the American Eel Plan, and that the Commission has 
withdrawn its determination of noncompliance.

Withdrawal of the Moratorium

    Based on the Commission's February 2, 2016, letter, information 
received from the State of Delaware, and NMFS review of Delaware's 
revised American eel regulations, NMFS concurs with the Commission's 
determination that Delaware is now in compliance with the American Eel 
Plan. Specifically, NMFS reviewed the ASMFC Eel Plan and Delaware's 
recently approved American eel management measures. The management 
measures implement a program that is consistent with the American eel 
management program set by the Commission to conserve eels and achieve 
the objectives specified in the Plan. Therefore, we concur with the 
Commission's finding that Delaware is now in compliance and that a 
moratorium is no longer necessary to conserve the fishery. The 
moratorium scheduled to be effective on March 18, 2016, on fishing for, 
possession of, and landing of American eel by the recreational and 
commercial fishermen within Delaware waters is withdrawn.

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

    Dated: March 10, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-05804 Filed 3-14-16; 8:45 am]
 BILLING CODE 3510-22-P