[Federal Register Volume 63, Number 203 (Wednesday, October 21, 1998)]
[Notices]
[Page 56147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28227]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 101598C]


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 overfished fisheries and to prevent 
overfishing in fisheries that are approaching an overfished condition.

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 on October 9, 1998 of 
the species that were overfished or approaching an overfished condition 
by letter as follows:

    Dear Council Chairman,
    Enclosed is the 1998 Annual 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 79 overfished stocks and 10 stocks that 
are approaching an overfished condition that are covered by fishery 
management plans (FMPs). This year's report identifies 8 additional 
species as ``overfished.'' For each of the additional species 
identified as ``overfished,'' each Council is required to develop 
measures by October 9,1999 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 11 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 final national standard guidelines were published on May 1, 
1998, and became effective on June 1, 1998. The revisions to the 
national standard 1 guidelines 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.
    If you have any questions, please do not hesitate to contact me.
    Sincerely,
    Rolland A. Schmitten
    Assistant Administrator
    for Fisheries
    Enclosure

    A copy of the report is also available through the internet at 
<<http://kingfish.ssp.NMFS.gov/SFA>>.

    Dated: October 15, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-28227 Filed 10-20-98; 8:45 am]
BILLING CODE 3510-22-F