50 CFR 600.610 - Factual findings for Federal preemption.

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There is 1 rule appearing in the Federal Register for 50 CFR 600. View below or at eCFR (GPOAccess)
§ 600.610 Factual findings for Federal preemption.
(a) The two factual findings for Federal preemption of state management authority over a fishery are:
(1) The fishing in a fishery that is covered by an FMP implemented under the Magnuson-Stevens Act is engaged in predominately within the EEZ and beyond such zone.
(2) A state has taken any action, or omitted to take any action, the results of which will substantially and adversely affect the carrying out of such FMP.
(b) Whether fishing is engaged in “predominately” within or beyond the EEZ will be determined after consideration of relevant factors, including but not limited to, the catch (based on numbers, value, or weight of fish caught, or other relevant factors) or fishing effort during the appropriate period, and in light of historical patterns of the distribution of catch or fishing effort for such stock or stocks of fish.
(c) Whether relevant effects are substantial will be determined after consideration of the magnitude of such actual or potential effects. Relevant to this determination are various factors, including but not limited to, the proportion of the fishery (stock or stocks of fish and fishing for such stocks) that is subject to the effects of a particular state's action or omission, the characteristics and status (including migratory patterns and biological condition) of the stock or stocks of fish in the fishery, and the similarity or dissimilarity between the goals, objectives, or policies of the state's action or omission and the management goals or objectives specified in the FMP for the fishery or between the state and Federal conservation and management measures of the fishery.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]

Title 50 published on 2014-10-01

The following are only the Rules published in the Federal Register after the published date of Title 50.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-10-28; vol. 79 # 208 - Tuesday, October 28, 2014
    1. 79 FR 64097 - Western Pacific Pelagic Fisheries; U.S. Territorial Catch and Fishing Effort Limits
      GPO FDSys XML | Text
      DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration
      Final rule; final specifications; effectiveness of collection- of-information requirements.
      This final rule and final specifications are effective October 24, 2014. The deadline to submit a specified fishing agreement for review pursuant to § 665.819(b)(3) is November 28, 2014.
      15 CFR Part 902

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United States Code
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Title 50 published on 2014-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 50 CFR 600 after this date.

  • 2014-11-13; vol. 79 # 219 - Thursday, November 13, 2014
    1. 79 FR 67411 - Fisheries of the Caribbean, Gulf, and South Atlantic; Aquaculture
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      DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration
      Proposed rule; reopening of comment period.
      The comment period for the proposed rule that published on August 28, 2014 (79 FR 51424), and closed on October 27, 2014, will reopen on November 13, 2014 and remain open through November 28, 2014.
      50 CFR Parts 600 and 622