[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Page 28564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12282]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XW26
Fisheries of the Northeast Region; Pacific Region
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of determination of overfishing or an overfished
condition.
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SUMMARY: This action serves as a notice that NMFS, on behalf of the
Secretary of Commerce (Secretary), has determined that in the Northeast
Region, Gulf of Maine/Georges Bank pollock, Gulf of Maine/Georges Bank
windowpane and Northwestern Atlantic Coast witch flounder are subject
to overfishing and are in an overfished condition. Also, in the
Northeast Region, Southern New England/Mid-Atlantic windowpane is
subject to overfishing and Georges Bank winter flounder is in an
overfished condition. In addition, in the Pacific Region, the fall
Chinook salmon stock in the Sacramento River has been determined to be
in an overfished condition.
NMFS notifies the appropriate fishery management council (Council)
whenever it determines that; overfishing is occurring, a stock is in an
overfished condition, or a stock is approaching an overfished
condition. If a Council has been notified that a stock is in an
overfished condition the Council must, within 2 years, prepare and
implement an FMP amendment or proposed regulations to rebuild the
affected stock.
FOR FURTHER INFORMATION CONTACT: Mark Nelson, (301) 713-2341.
SUPPLEMENTARY INFORMATION: Pursuant to sections 304(e)(2) and (e)(7) of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1854(e)(2) and (e)(7), and implementing
regulations at 50 CFR 600.310(e)(2), NMFS, on behalf of the Secretary,
notifies Councils whenever it determines; a stock or stock complex is
approaching an overfished condition, a stock or stock complex is
overfished, or existing action taken to prevent previously identified
overfishing or rebuilding a previously identified overfished stock or
stock complex has not resulted in adequate progress. NMFS also notifies
Councils when it determines a stock or stock complex is subject to
overfishing.
For a fishery determined to be overfished or approaching an
overfished condition, NMFS also requests that the appropriate Council,
or the Secretary, for fisheries under section 302(a)(3) of the
Magnuson-Stevens Act, take action to end or prevent overfishing in the
fishery and to implement conservation and management measures to
rebuild overfished stocks. Councils (or the Secretary) receiving
notification that a fishery is overfished must, within 2 years of
notification, implement a rebuilding plan, through an FMP Amendment or
proposed regulations, which ends overfishing immediately and provides
for rebuilding the fishery in accordance with 16 U.S.C. 1854(e)(3)-(4)
as implemented by 50 CFR 600.310(j)(2)(ii). Councils receiving a notice
that a fishery is approaching an overfished condition must prepare and
implement, within two years, an FMP amendment or proposed regulations
to prevent overfishing from occurring. When developing rebuilding plans
Councils (or the Secretary), in addition to rebuilding the fishery
within the shortest time possible in accordance with 16 U.S.C.
1854(e)(4) and 50 CFR 600.310(j)(2)(ii), must ensure that such actions
address the requirements to amend the FMP for each affected stock or
stock complex to establish a mechanism for specifying and actually
specify Annual Catch Limits (ACLs) and Accountability Measures (AMs) to
prevent overfishing in accordance with 16 U.S.C. 1853(a)(15) and 50 CFR
600.310(j)(2)(i).
On August 4, 2008, NMFS published the Report of the 3rd Groundfish
Assessment Review Meeting (GARM III) which showed that Gulf of Maine/
Georges Bank pollock, Gulf of Maine/Georges Bank windowpane and
Northwestern Atlantic Coast witch flounder are subject to overfishing
and are in an overfished condition. In addition, GARM III showed that
Southern New England/Mid-Atlantic windowpane is subject to overfishing
and Georges Bank winter flounder is in an overfished condition. The New
England Fishery Management Council (NEFMC) was notified on September 2,
2008, of the results of the GARM III. However, official status changes
could not be made at the time because GARM III also recommended changes
in the status determination criteria (SDC) contained in the
Multispecies FMP, which required an FMP amendment before the status
determinations could be changed. These changes occurred in January
2010.
On March 2, 2010, NMFS informed the Pacific Fisheries Management
Council that the Sacramento River Fall Chinook salmon stock failed to
meet the escapement goal for the third consecutive year, which has
triggered an overfished status determination.
As noted above, within 2 years of notification of an overfished
determination, the respective Council (or the Secretary) must adopt and
implement a rebuilding plan, through an FMP Amendment or proposed
implementing regulations, which ends overfishing immediately and
provides for rebuilding of the stock. In addition, for the fisheries
experiencing overfishing, the responsible Councils must propose, and
NMFS must adopt, effective ACLs and AMs to end overfishing.
Dated: May 14, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-12282 Filed 5-20-10; 8:45 am]
BILLING CODE 3510-22-S