[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Notices]
[Pages 29185-29186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14489]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XN11


Notification of Stock Status Determination for Atlantic Highly 
Migratory Species Shortfin Mako Shark

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

ACTION: Notification of determination overfishing and approaching an 
overfished condition.

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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 Atlantic highly migratory species shortfin mako and the 
stock is approaching an overfished condition. The Secretary is required 
to take action within 1 year following determination that: a stock is 
overfished; a stock is approaching an overfished condition; or existing 
remedial action taken to end overfishing or rebuild an overfished stock 
has not resulted in adequate progress.

FOR FURTHER INFORMATION CONTACT: Mark Nelson, telephone: (301) 713-
2341.

SUPPLEMENTARY INFORMATION: Pursuant to sections 304(e)(2) and (e)(7) of 
the

[[Page 29186]]

Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1854(e)(2) and (e)(7), and implementing 
regulations at 50 CFR 600.310(e)(2), NMFS, on behalf of the Secretary, 
notifies fishery management councils whenever it determines: 
overfishing is occurring; a stock or stock complex is approaching an 
overfished condition; a stock or stock complex is overfished; or 
existing action taken to end previously identified overfishing or 
rebuilding a previously identified overfished stock or stock complex 
has not resulted in adequate progress.
    For a fishery determined to be overfished or approaching an 
overfished condition, NMFS also requests that the appropriate Council, 
or the Secretary, for fisheries under section 302(a)(3), take action to 
end overfishing in the fishery and to implement conservation and 
management measures to rebuild affected stocks. Councils (or the 
Secretary) receiving notification that a fishery is overfished must, 
within 1 year of notification, prepare an FMP, amend an existing FMPs 
or propose regulations to end overfishing and rebuild affected stocks 
in accordance with 16 U.S.C. 1854(e)(3)-(4) as implemented by 50 CFR 
600.310(j)(2)(ii). If a stock is approaching an overfished condition 
the Council (or the Secretary) must take similar action, within 1 year 
of notification, to prevent overfishing. When developing the foregoing 
remedial actions Councils (or the Secretary) should ensure that such 
actions address the requirements to amend the FMP for each affected 
stock or stock complex to establish a mechanism for specifying and 
actually specify Annual Catch Limits (ACLs) and Accountability Measures 
(AMs) to prevent overfishing by 2010 in accordance with 16 U.S.C. 
1853(a)(16) and 50 CFR 600.310(j)(2)(i).
    Based on the best available science, the Secretary has determined, 
effective December 31, 2008, that overfishing is occurring on Atlantic 
highly migratory species shortfin mako and the stock is approaching an 
overfished condition.
    As noted above, within 1 year of determination that a fishery is 
overfished the respective Council (or the Secretary) must take remedial 
action in response to the determination, to end overfishing. Such 
action must be submitted to NMFS within 1 year of notification and may 
be in the form of a new fishery management plan (FMP), an FMP 
amendment, or proposed regulations. In addition, for the fisheries 
experiencing overfishing, the responsible Councils (or the Secretary) 
must propose and NMFS must adopt mechanisms in the applicable FMPs for 
specification of and actually specify effective ACLs and AMs by fishing 
year 2010 to prevent overfishing.

    Dated: June 15, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-14489 Filed 6-18-09; 8:45 am]
BILLING CODE 3510-22-S