View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOC/NOAA RIN: 0648-BK35 Publication ID: Spring 2021 
Title: ●Atlantic Highly Migratory Species; Rulemaking To Implement Federal Atlantic Tunas Regulations in Maine State Waters 
Abstract:

In response to a request from the Maine Department of Marine Resources, NMFS would consider adding Maine to the list of states at 50 CFR 635.1(b) for which the federal Atlantic tunas regulations under 50 CFR part 635 are applicable within state waters. Atlantic highly migratory species fisheries are managed under the dual authority of the Magnuson-Stevens Conservation and Management Act and the Atlantic Tunas Convention Act (ATCA). Under section 9(d) of ATCA, NOAA Fisheries determines if state regulations applicable to Atlantic tunas are at least as restrictive as federal regulations and if such regulations are effectively enforced. For such states, federal Atlantic tunas regulations do not apply in state waters. Most states and territories bordering the Atlantic and Gulf of Mexico are currently included under 635.1(b), with the exception of Maine, Connecticut, and Mississippi. This rule would consider changing the regulation at 635.1(b) to include Maine and would make federal Atlantic tunas regulations applicable in Maine state waters, including but not limited to open and closed seasons, retention limits, size limits, authorized gears and gear restrictions, and permitting and reporting requirements. This action would be consistent with section 9(d) of the ATCA and is being taken pursuant to the rulemaking authority under the Magnuson-Stevens Fishery Conservation and Management Act 304(g) and ATCA.

 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 635   
Legal Authority: 16 U.S.C. 1801 et seq.    16 U.S.C. 971 et seq.   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/28/2021  86 FR 22006   
NPRM Comment Period End  06/10/2021 
Final Rule  08/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Kelly Denit
Director, Office of Sustainable Fisheries
Department of Commerce
National Oceanic and Atmospheric Administration
1315 East-West Highway, Room 13362,
Silver Spring, MD 20901
Phone:301 427-8500
Email: kelly.denit@noaa.gov