[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Notices]
[Pages 34452-34453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11735]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 060805A]


Fisheries off West Coast States and in the Western Pacific; 
Bottomfish Fisheries; Overfishing Determination on Bottomfish Multi-
Species Stock Complex; Hawaiian Archipelago

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

ACTION: Notice of overfishing determination.

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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 the bottomfish multi-species stock complex (bottomfish 
complex) around the Hawaiian Archipelago and requests the Western 
Pacific Fishery Management Council (Council) to take appropriate action 
to end this overfishing. The Council is required to take action to end 
overfishing within 1 year following notification by NMFS that 
overfishing is occurring. The intent of this notice is to inform 
interested persons that Hawaii's bottomfish complex is undergoing 
overfishing.

SUPPLEMENTARY INFORMATION: On May 27, 2005, NMFS sent the following 
letter to the Council that (1) notifies the Council of the 
determination that overfishing is occurring in the bottomfish complex 
around Hawaii, (2) explains the Council's obligation to act in response 
to a determination that overfishing is occurring, and (3) requests the 
Council to take appropriate action to end overfishing.

Mr. Roy Morioka, Chairman

Western Pacific Fishery Management Council

1164 Bishop Street, Suite 1400

Honolulu, HI 96813

    Dear Roy,
    By this letter, I advise the Western Pacific Fishery Management 
Council (Council) that NOAA's National Marine Fisheries Service 
(NMFS), on behalf of the Secretary of Commerce (Secretary), has 
determined that overfishing is occurring on the bottomfish 
multispecies stock complex (Complex) around the Hawaiian 
Archipelago, and to request the Council to take action to end that 
overfishing.
    The Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act) requires the Secretary to report annually on 
the status of fisheries within each regional fishery management 
council's geographical area of authority and identify those 
fisheries that are overfished or approaching a condition of being 
overfished (16 U.S.C. 1854(e)(1)). According to the guidelines for 
National Standard 1 of the Magnuson-Stevens Act (50 CFR 600.310), 
fishery stock status is assessed with respect to two status 
determination criteria, one of which is used to determine whether a 
stock is ``overfished'' and the second of which is used to determine 
whether the stock is subject to ``overfishing.'' A stock is 
considered to be overfished if its biomass falls below the minimum 
stock size threshold (MSST). A stock is subject to overfishing if 
the fishing mortality rate exceeds the maximum fishing mortality 
threshold (MFMT) for one year. The MSST and MFMT for particular 
stocks are specified in fishery management plans.
    According to Amendment 6 Supplement to the Fishery Management 
Plan for the Bottomfish and Seamount Groundfish Fisheries of the 
Western Pacific Region (FMP), effective July 3, 2003 (68 FR 46112, 
August 5, 2003), the MFMT for bottomfish stock complexes managed 
under the FMP would be exceeded if the fishing mortality rate 
exceeded the rate associated with maximum sustainable yield (MSY). 
The most recent assessment of the Complex presented in Appendix 5 of 
the Bottomfish and Seamount Groundfish Fisheries of the Western 
Pacific Region 2003 Annual Report indicated that, based on data 
through 2002, fishing effort (proxy for fishing mortality) exceeded 
the rate associated with MSY.
    Based on these assessment results, NMFS, relying on the 
expertise and advice of its Pacific Islands Fisheries Science 
Center, has determined that overfishing of the Complex is occurring 
around the Hawaiian Archipelago.
    Appendix 5 points out that the main Hawaiian islands (MHI) is 
where the overfishing problem primarily occurs - The MHI 
is the zone that contributes most of the problems in terms of both 
reduced biomass and overfishing. Therefore, it is likely 
that reducing fishing mortality here would be the most effective 
means to end overfishing in the Hawaiian Archipelago.
    We look forward to working together with the Council to develop 
a plan to end overfishing of bottomfish.
    Sincerely,
    William L. Robinson
    Regional Administrator
    Appendix 5 of the Council's 2003 Annual Report on the Bottomfish 
and Seamount Groundfish Fisheries of the Western Pacific Region is 
available from http://www.wpcouncil.org/bottomfish.htm (See: 
Preliminary 2003 Annual Report, Status of Bottomfish Stocks).

[[Page 34453]]

    Under section 304 (e) of the Magnuson-Stevens Act, the Council must 
take action within 1 year following notification by NMFS that 
overfishing is occurring. Hence, the Council is required to prepare and 
submit to the Secretary, by May 27, 2006, a fishery management plan 
amendment and proposed regulations to end overfishing in the bottomfish 
complex around the Hawaiian Archipelago.

    Dated: June 8, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-11735 Filed 6-13-05; 8:45 am]
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