NMFS withdraws a proposed rule for proposed regulations governing the requests for determinations of fishery resource disasters as a basis for acquiring disaster assistance, which was published on January 15, 2009. Instead of going forward with a final rule directly resulting from the 2009 proposed rule, NMFS issued an internal policy on June 16, 2011.
The proposed rule published on January 15, 2009 (74 FR 2467) is withdrawn as of May 30, 2013.
FOR FURTHER INFORMATION CONTACT: Christopher L. Wright, Fishery Policy
SUPPLEMENTARY INFORMATION: In accordance with the Magnuson-Stevens
Fishery Conservation and Management Act (MSA) and the
Interjurisdictional Fisheries Act (IFA), NMFS (on behalf of the
Secretary of Commerce) proposed regulations that were to govern the
requests for determinations of fishery resource disasters as a basis
for acquiring potential disaster assistance. The proposed regulations
would have established definitions, characteristics of commercial
fishery failures, fishery resource disasters, serious disruptions
affecting future production, and harm incurred by fishermen. It also
established requirements for initiating a review by NMFS, and the
administrative process it would follow in response to such requests.
The intended result of the proposed procedures and requirements was to
clarify and interpret the fishery disaster assistance provisions of the
MSA and the IFA through rulemaking and, thereby, ensure consistency and
facilitate the processing of requests.
On June 16, 2011, NMFS issued an internal policy for determinations
of fishery resource disasters as a basis for acquiring potential
disaster assistance titled: POLICY Guidance for Disaster Assistance
Under Magnuson-Stevens Act 312(a) and Interjurisdictional Fisheries Act
308(b) and 308(d), http://www.nmfs.noaa.gov/sfa/sf3/disaster_policy2011.pdf. The purpose of this document is to provide guidance for
evaluating requests for fisheries disaster relief under the provisions
of section 312(a) and 315 of the MSA and sections 308(b) and 308(d) of