[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Notices]
[Pages 17820-17821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9563]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 032598C]


Magnuson-Stevens Act Provisions; Overfished Fishery for Spiny 
Dogfish

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

ACTION: Notification of an overfished fishery.

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SUMMARY: In September 1997, NMFS identified overfished stocks or stocks 
that are approaching an overfished condition, as required by the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). As a result of a stock assessment completed since the 
identification of these fisheries, an additional stock, spiny dogfish 
(Squalus acanthias), has been identified as overfished. The intent of 
this action is to notify interested persons that the spiny dogfish 
stock is being added to the list of overfished stocks.

FOR FURTHER INFORMATION CONTACT: Mary Tokarcik, NMFS, 978-281- 9326.

SUPPLEMENTARY INFORMATION: Section 304(e) of the Magnuson-Stevens Act 
(16 U.S.C. 1801 et seq.) requires that the Secretary of Commerce 
(Secretary) report annually to Congress and the Regional Fishery 
Management 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. The 
Councils were notified by letter on September 30, 1997, of the stocks 
that were overfished or approaching an overfished condition based on 
information available at that time. Since that time, an additional 
stock has been determined to be overfished. The 26th Northeast Regional 
Stock Assessment Workshop assessed the current status of the spiny 
dogfish resource. This assessment concluded that reproductive biomass 
and recruitment have declined due to high fishing mortality on mature 
females. Minimum biomass estimates of mature females have decreased by 
nearly 50 percent since 1990. Harvest rates of spiny dogfish have 
exceeded the replacement level of the stock and recruitment has 
declined. The stock is overexploited. Spiny dogfish are distributed in 
the Northwest Atlantic between Labrador and Florida and are most 
abundant between Nova Scotia and Cape Hatteras. Seasonal migrations 
occur northward in spring/summer and southward in autumn/winter.
    Section 304(e) of the Magnuson-Stevens Act requires that, within 1 
year of being notified of the identification of a stock as being 
overfished, the Councils develop measures to end overfishing and to 
rebuild the stock. On April 3, 1998, the Mid- Atlantic and New England 
Fishery Management Councils, which share joint management 
responsibilities for spiny dogfish, were notified of the overfished 
status of this stock. The letter to these Councils reads as follows:

    Dear Council Chair:
    In September of 1997, you received a copy of 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.
    Since your receipt of that report, an additional stock has been 
identified as being overfished. In January 1998, the 26th Northeast 
Regional Stock Assessment Workshop determined that spiny dogfish are 
over- exploited. This assessment concluded that mean lengths of 
spiny dogfish are declining rapidly, minimum biomass estimates of 
mature females have decreased by nearly 50 percent since 1990, and 
fishing mortality rates are well above sustainable levels. Based on 
this information, spiny dogfish are being added to the list of 
overfished stocks.
    This letter serves as your official notification of the 
identification of spiny dogfish as an overfished species. Section 
304(e) of the Magnuson-Stevens Act states that a Council will have 
one year from the identification of a stock as being overfished to 
develop measures to end overfishing and rebuild the stock. This 
letter initiates the 1-year period for spiny dogfish.
    I am pleased that you have begun work on management measures for 
this fishery, as it means the time requirement will be more

[[Page 17821]]

easily satisfied. If you have any questions, please do not hesitate 
to contact me.
    Sincerely,
    Rolland A. Schmitten
    Assistant Administrator
    for Fisheries



    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 6, 1998.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-9563 Filed 4-9-98; 8:45 am]
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