[Federal Register Volume 75, Number 144 (Wednesday, July 28, 2010)]
[Notices]
[Page 44223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18536]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XX57
Fisheries of the Northeast Region; South Atlantic 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, wolffish is in an overfished condition. In the South Atlantic
Region, red grouper is subject to overfishing and is 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).
In January 2009, the Northeast Data Poor Stocks Working Group
concluded that Atlantic wolffish was in an overfished condition but
could not determine whether overfishing was occurring. The New England
Fishery Management Council was alerted of this condition on February 6,
2009. However, at that time Atlantic wolffish was not managed under any
FMP. Effective with Amendment 16 to the NE Multispecies FMP, in May
2010, wolffish was added as a fishery management unit species.
Therefore, this gives public notice that wolffish is has been
determined to be in an overfished condition and the overfishing status
is unknown.
On July 9, 2010, NMFS informed the South Atlantic Fishery
Management Council that based on the 2010 assessment of southern
Atlantic coast stock of red grouper, that the stock is currently
undergoing overfishing and that the stock is in an overfished
condition. Prior to this assessment the previous determination was that
overfishing was occurring but the overfished status was unknown.
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: July 22, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-18536 Filed 7-27-10; 8:45 am]
BILLING CODE 3510-22-S