[Federal Register Volume 64, Number 61 (Wednesday, March 31, 1999)]
[Rules and Regulations]
[Pages 15308-15309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7888]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 032599B]
RIN 0648-AL89


Fisheries of the Exclusive Economic Zone Off Alaska; Overfished 
Fisheries

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

ACTION: Notice of overfished fishery.

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SUMMARY: NMFS has identified the eastern Bering sea stock of C. bairdi 
as overfished. The identification of overfished stocks is 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 North Pacific 
Fishery Management Council (Council) has been informed that the stock 
is overfished and has been directed to initiate action to end 
overfishing and rebuild the stock.

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 upon 
determination that a fishery is overfished, the Secretary of Commerce 
(Secretary) shall immediately notify the appropriate fishery management 
council and request that action be taken to end overfishing in the 
fishery and to implement conservation and management measures to 
rebuild affected stocks. The fishery managment council has one year 
from the date of notification to prepare a plan to end overfishing in 
the fishery and to rebuild affected stocks.
    On March 3, 1999, the Secretary approved Amendment 7 to the Fishery 
Management Plan (FMP) for the Commercial King and Tanner Crab Fisheries 
in the Bering Sea/Aleutian Islands (BSAI) (64 FR 11390, March 9, 1999). 
Pursuant to section 303(a)(10) of the Magnuson-Stevens Act, and the 
national standard guidelines (50 CFR part 600), the amendment revises 
the definitions of overfishing, maximum sustainable yield, and optimum 
yield for the king and Tanner crab fisheries in the BSAI. Under the new 
definitions, the eastern Bering Sea C. bairdi Tanner crab spawning 
biomass is below the minimum sustainable stock size threshold, and is 
deemed overfished. Pursuant to section 304 of the Magnuson-Stevens Act, 
NMFS notified the Council by letter on March 3, 1999, that the stock is 
overfished, as follows:

    Mr. Richard B. Lauber, Chairman
    North Pacific Fishery Management Council
    605 West 4th Avenue, Suite 306
    Anchorage, Alaska 99501-2252
    Dear Mr. Lauber:
    I have approved Amendment 7 to the Fishery Management Plan (FMP) 
for the Commercial King and Tanner Crab Fisheries in the Bering Sea/
Aleutian Islands and Amendment 6 to the FMP for the Scallop Fishery 
Off Alaska. These amendments revise the definitions of overfishing 
for the crab and scallop species or species groups in the FMPs. This 
action is necessary for compliance with the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and will 
advance the Council's ability to achieve, on a continuing basis, the 
optimum yield from fisheries under its jurisdiction.
    A notice of availability for the proposed Amendments 7 and 6, 
which describes the proposed amendments and invited comments from 
the public, was published in the Federal Register at 63 FR 66112 on 
December 1, 1998. No regulatory changes are associated with these 
amendments. A Notice of Approval for the amendments will be 
published shortly in the Federal Register, informing the public of 
the approval decisions.
    Based on the overfishing definitions contained in Amendment 7 to 
the crab FMP, we determine C. bairdi to be overfished. By March 3, 
2000, the Council is required by section 304(e) of the Magnuson-
Stevens Act to prepare and submit conservation and

[[Page 15309]]

management measures to end overfishing and rebuild the C. bairdi 
stock. The rebuilding program must be as short as possible, but not 
exceed 10 years, except if the biology of the stock or other 
environmental conditions dictate otherwise.
    Sincerely,
    Steven Pennoyer, Regional Administrator


    Dated: March 25, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-7888 Filed 3-30-99; 8:45 am]
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