[Federal Register Volume 74, Number 244 (Tuesday, December 22, 2009)]
[Notices]
[Pages 68043-68044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30387]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XQ91


Fisheries of the Pacific Region; Mid-Atlantic Region, Gulf of 
Mexico Region

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

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

-----------------------------------------------------------------------

SUMMARY: This action serves as a notice that NMFS, on behalf of the 
Secretary of Commerce (Secretary), has determined that in the Pacific 
Region, the canary rockfish stock, as well as the Queets coho stock and 
the Western Straights of Juan de Fuca coho stocks, have been determined 
to be in an overfished condition. In addition, the Gulf of Mexico stock 
of gag grouper has been determined to be in an overfished condition. 
Finally, the Mid-Atlantic stock of black sea bass was found to be 
experiencing overfishing in 2007. However, since this determination, an 
updated assessment using 2008 data has been completed and NMFS has 
determined that overfishing is no longer occuring.
    For any stocks which NMFS determines to be experiencing overfishing 
in 2009, the applicable fishery management council (Council) must amend 
the stock's Fishery Management Plan (FMP) to establish a mechanism for 
specifying Annual Catch Limits (ACLs) and Accountability Measures (AMs) 
and specify ACLs and AMs in 2010, if possible, but no later than 2011. 
For stocks which NMFS determines to be in or approaching an overfished 
condition and provides notice to the applicable Council(s) after July 
12, 2009, the applicable Council(s) must, within two years of such 
notification, prepare and implement an FMP amendment or proposed 
regulations to rebuild such stocks.

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

SUPPLEMENTARY INFORMATION: Pursuant to sections 304(e)(2) and (e)(7) of 
the 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 Councils whenever it determines; a stock or stock complex is 
approaching an overfished condition; a stock or stock complex is 
overfished; or existing action taken to prevent previously identified 
overfishing or rebuilding a previously identified overfished stock or 
stock complex has not resulted in adequate progress. NMFS also notifies 
Councils when it determines a stock or stock complex is subject to 
overfishing.
    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) of the 
Magnuson-Stevens Act, 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 after July 
12, 2009, that a fishery is overfished must, within 2 years of 
notification, implement a rebuilding plan, through an FMP Amendment or 
proposed regulations, which ends overfishing immediately and provides 
for rebuilding the fishery in accordance with 16 U.S.C. 1854(e)(3)-(4) 
as implemented by 50 CFR 600.310(j)(2)(ii). Councils receiving a notice 
that a fishery is approaching an overfished condition must prepare and 
implement, within two years, an FMP amendment or proposed regulations 
to prevent overfishing from occurring. When developing rebuilding plans 
Councils (or the Secretary), in addition to rebuilding the fishery 
within the shortest time possible in accordance with 16 U.S.C. 
1854(e)(4) and 50 C.F.R. 600.310(j)(2)(ii), must 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 in accordance with 16 U.S.C. 1853(a)(15) 
and 50 CFR 600.310(j)(2)(i).
    On July 31, 2009, NMFS informed the Pacific Fisheries Management 
Council that both the Queets stock of coho salmon and the Western 
Straight of Juan de Fuca stocks of coho salmon failed to meet their 
escapement goals for the third consecutive year, which has triggered an 
overfished status determination.
    In addition, on September 9, 2009, NMFS notified the Pacific 
Fisheries Management Council that the latest stock assessment for 
canary rockfish estimated the current biomass to be below the 
overfished threshold.
    During the third quarter of 2009, the first stock assessment for 
the Gulf of Mexico stock of gag grouper was finalized. The assessment 
found that the

[[Page 68044]]

stock is in an overfished condition. The Gulf of Mexico Fisheries 
Management Council was notified of the status determination on August 
11, 2009.
    On April 22, 2009, NMFS notified the Mid-Atlantic Fisheries 
Management Council that the Mid-Atlantic coast stock of black sea bass 
was experiencing overfishing. This determination was based on an 
assessment using data up to 2007. Since this determination the 
assessment has been updated using 2008 data. The updated assessment 
found that the fishing mortality in 2008 was below the overfishing 
threshold, and NMFS has determined that overfishing is no longer 
occurring.
    As noted above, within 2 years of determination that a fishery is 
overfished, the respective Council (or the Secretary) must adopt and 
implement a rebuilding plan, through an FMP Amendment or proposed 
implementing regulations, which ends overfishing immediately and 
provides for rebuilding. In addition, for the fisheries experiencing 
overfishing, the responsible Councils (or the Secretary) must propose, 
and NMFS must adopt, effective ACLs and AMs by fishing year 2010, if 
possible, but no later than 2011 to end overfishing.

    Dated: December 15, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service
[FR Doc. E9-30387 Filed 12-21-09; 8:45 am]
BILLING CODE 3510-22-S