[Federal Register Volume 63, Number 2 (Monday, January 5, 1998)]
[Notices]
[Pages 206-207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-141]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 122997A]
Magnuson-Stevens Act Provisions; Overfished Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of overfished fisheries.
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SUMMARY: NMFS has identified overfished stocks or stocks that are
approaching a condition of being overfished, as required by the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), as amended by the Sustainable Fisheries Act (SFA). The
purpose of this notice is to notify the public that the Regional
Fishery Management Councils (Councils) have been informed of those
fisheries that are overfished and directed to initiate action to end
overfishing and rebuild stocks, in the case of overfished fisheries,
and to prevent overfishing in fisheries that are approaching an
overfished condition.
ADDRESSES: Copies of the Report on the Status of Fisheries of the
United States may be obtained from George H. Darcy, Domestic Fisheries
Division, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. A copy
of the report is also available through the internet at <<http://
kingfish.ssp.NMFS.gov/SFA>>.
FOR FURTHER INFORMATION CONTACT: George H. Darcy, NMFS, 301/713-2341.
SUPPLEMENTARY INFORMATION:
Background
This action is required by the Magnuson-Stevens Act (16 U.S.C. 1801
et seq.) as amended by the SFA, which was signed into law on October
11, 1996. Section 304(e) of the Magnuson-Stevens Act requires that the
Secretary of Commerce (Secretary) report annually to the Congress and
the Councils on the status of fisheries within each Council's
geographical area of authority and identify those fisheries that are
overfished or are approaching a condition of being overfished. For
those fisheries managed under a Fishery Management Plan (FMP) or
international agreement, the status is to be determined using the
criteria for overfishing specified in such FMP or agreement. A fishery
is classified as approaching a condition of being overfished if, based
on trends in fishing effort, fishery resource size, and other
appropriate factors, the Secretary estimates that the fishery will
become overfished within 2 years. Pursuant to section 304 of the
Magnuson-Stevens Act, the Councils were notified by letter on September
30, 1997, of the species that were overfished or approaching an
overfished condition, as follows:
Dear Council Chairman:
Enclosed is the Report on the Status of Fisheries of the United
States, prepared pursuant to section 304 of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), as
amended by the Sustainable Fisheries Act on October 11, 1996. This
report identifies 76 overfished stocks and 10 stocks that are
approaching an overfished condition that are covered by fishery
management plans (FMPs). By September 30, 1998, each Council is
required to develop measures to end overfishing and rebuild stocks that
are overfished, and to prevent overfishing from occurring for stocks
that are approaching an overfished condition, for those species covered
by FMPs under its management authority. There are also 10 stocks
identified in this report as overfished that are not covered by an FMP.
Each Council is also required to develop measures to end overfishing
and rebuild those stocks within its geographical area of authority, in
the same timeframe. Rebuilding programs must be as short as possible,
but not exceed 10 years, except in cases where the biology of the stock
of fish, other environmental conditions, or management measures under
an international agreement in which the United States participates
dictate otherwise.
The proposed national standard guidelines were published on August
4, 1997, and final guidelines are imminent. The revisions to the
national standard 1 guidelines will require that the overfishing
definitions contained in each FMP be examined on the basis of their
ability to ensure stock levels that can produce maximum sustainable
yield (MSY) on a continuing basis. Most existing overfishing
definitions will require an amendment to bring them into conformance
with the Magnuson-Stevens Act and the national standard guidelines. It
is likely that, as the overfishing definitions contained in the FMPs
are amended to comply with the new guidelines, many of the species that
[[Page 207]]
are now classified as ``not overfished'' on the basis of existing
overfishing definitions will ultimately be reassessed as
``overfished.'' Consequently, this list represents a minimum number of
overfished fisheries of the United States and probably understates the
number of fisheries that will eventually be determined to be
overfished.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Rolland A. Schmitten, Assistant Administrator for Fisheries
Dated: December 29, 1997.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 98-141 Filed 1-2-98; 8:45 am]
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