50 CFR 600.610 - Factual findings for Federal preemption.

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§ 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.

  • 2014-12-24; vol. 79 # 247 - Wednesday, December 24, 2014
    1. 79 FR 77399 - Vessel Monitoring Systems; Requirements for Enhanced Mobile Transceiver Unit and Mobile Communication Service Type-Approval
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      DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration
      Final rule.
      This final rule is effective January 23, 2015.
      50 CFR Parts 600 and 648

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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.

  • 2015-02-11; vol. 80 # 28 - Wednesday, February 11, 2015
    1. 80 FR 7562 - Magnuson-Stevens Act Provisions; National Standard Guidelines; Meeting Announcement
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      DEPARTMENT OF COMMERCE, National Oceanic and Atmospheric Administration
      Notice of public meeting.
      The meeting will be held on March 25, 2015, from 2:00 p.m. to 4:00 p.m. Eastern time. Written comments accepted through June 30, 2015.
      50 CFR Part 600