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DOC/NOAA RIN: 0648-BI02 Publication ID: Fall 2018 
Title: ●Rule to Clarify Authority for Regulating Aquaculture Under the Magnuson-Stevens Fishery Conservation and Management Act 
Abstract:

This action would clarify the authority of regional fishery management councils and NMFS to regulate aquaculture in the U.S. exclusive economic zone under the Magnuson-Stevens Fishery Conservation and Management Act (MSA). Aquaculture is considered "fishing" and thus subject to regulation under the MSA through fishery management plans if the fishery (i.e., fishing for stocks) requires conservation and management. In addition, the MSA and its implementing regulations provide a notification process for new fishing gears or fisheries. The action would describe the regulatory status of aquaculture under approved fishery management plans and identify the process that regional fishery management councils and NMFS could use to regulate aquaculture in the future. This action may also update and clarify the notification process under 50 CFR 600.747, if needed. This action is expected to benefit individuals that are considering development of an aquaculture operation in the U.S. exclusive economic zone and participants in Federal fisheries by ensuring that it is not inadvertently prohibited through clarifying 1) its current status and 2) the process for its future development in the U.S. exclusive economic zone under the authority of the MSA and other applicable law.

 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 50 CFR 600   
Legal Authority: 16 U.S.C. 1801 et seq.   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2018 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Alan Risenhoover
Director, Office of Sustainable Fisheries
Department of Commerce
National Oceanic and Atmospheric Administration
NMFS, 1315 East-West Highway, Room 13362,
Silver Spring, MD 20910
Phone:301 713-2334
Fax:301 713-0596
Email: alan.risenhoover@noaa.gov