[Federal Register Volume 76, Number 82 (Thursday, April 28, 2011)]
[Notices]
[Pages 23794-23795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10328]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RIN 0648-XA196]


Stock Status Determination for Atlantic Highly Migratory 
Scalloped Hammerhead Shark

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice.

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SUMMARY: This action serves as a notice that NMFS, on behalf of the 
Secretary of Commerce (Secretary), has determined that overfishing is 
occurring on an Atlantic highly migratory species (HMS) scalloped 
hammerhead shark, and the stock is overfished.
    NMFS notifies the public whenever it determines that: overfishing 
is occurring, a stock is overfished, or a stock is approaching an 
overfished condition.

FOR FURTHER INFORMATION CONTACT: Peter Cooper at 301-713-2347 or Jackie 
Wilson at 240-338-3936.

SUPPLEMENTARY INFORMATION: For an Atlantic HMS that has been determined 
to be overfished or approaching an overfished condition, NMFS, on 
behalf of the Secretary, must take action to end or prevent overfishing 
in the fishery and to implement conservation and management measures to 
rebuild overfished stocks within 2 years of making this determination. 
This action must include implementing a rebuilding plan, through an FMP 
amendment or 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). When 
developing rebuilding plans, 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)(3), NMFS 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

[[Page 23795]]

16 U.S.C. 1853(a)(15) and 50 CFR 600.310(j)(2)(i).
    In October 2009, Hayes et al. (2009) published in the North 
American Journal of Fisheries Management a stock assessment of the 
Atlantic population of scalloped hammerhead sharks in U.S. waters. 
Based on this paper, in 2005, the population was estimated to be at 45 
percent of the biomass that would produce the maximum sustainable yield 
(MSY), and fishing mortality was estimated to be 129 percent of fishing 
mortality associated with MSY. The stock is estimated to be depleted by 
approximately 83 percent of virgin stock size (i.e., the current 
population is only 17 percent of the virgin stock size). In addition, 
it was estimated that a total allowable catch (TAC) of 2,853 scalloped 
hammerhead sharks per year (or 69 percent of 2005 catch) would allow a 
70 percent probability of rebuilding within 10 years. NMFS has reviewed 
this paper and concluded that: the assessment is complete; the 
assessment is an improvement over a 2008 aggregated species assessment 
for hammerhead sharks; and the assessment is appropriate for U.S. 
management decisions.
    Based on the results of this paper, NMFS is making the 
determination that scalloped hammerhead sharks are overfished and 
experiencing overfishing. Pending the results of the ongoing sandbar, 
dusky, and blacknose shark stock assessments, NMFS will publish a 
Notice of Intent regarding the development of a fishery management plan 
amendment and implementing regulations to end overfishing and rebuild 
the scalloped hammerhead shark stock within two years as mandated under 
the Magnuson-Stevens Fishery Conservation and Management Act. In 
addition, for fisheries experiencing overfishing, NMFS must propose and 
adopt effective ACLs and AMs to end overfishing.

    Dated: April 25, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-10328 Filed 4-27-11; 8:45 am]
BILLING CODE 3510-22-P