[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Notices]
[Page 11118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5154]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XU49


Fisheries of the Pacific Region

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

ACTION: Notification of determination of 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 petrale sole stock has been determined to be in an 
overfished condition. The Pacific Fishery Management Council is in the 
process of reviewing the overfished threshold for petrale sole; 
however, regardless of future changes, NMFS has determined that the 
stock is overfished at this time, based on the current status 
determination criteria. For stocks which NMFS determines to be in an 
overfished condition and provides notice to the applicable Council, the 
applicable Council 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 implementing regulations at 50 
CFR 600.310(e)(2), NMFS, on behalf of the Secretary, must notify the 
appropriate Council whenever it determines a stock or stock complex is 
overfished.
    For a fishery determined to be in an overfished condition, NMFS 
requests that the appropriate Council take action to end overfishing in 
the fishery and to implement conservation and management measures to 
rebuild affected stocks. A Council receiving notification that a 
fishery is overfished must, within 2 years of notification, implement a 
rebuilding plan, through an FMP amendment, 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). 
When developing rebuilding plans Councils, in addition to rebuilding 
the fishery within the shortest time possible in accordance with 16 
U.S.C. 1854(e)(4) and 50 CFR 600.310(j)(2)(ii), must ensure that such 
management actions address the requirements 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) for each affected 
stock or stock complex.
    On February 9, 2010, NMFS notified the Pacific Fishery Management 
Council that the most recent stock assessment for petrale sole 
indicated that the biomass fell below the overfished threshold which 
triggered an overfished determination. The letter acknowledges that the 
Pacific Fishery Management Council is in the process of reviewing the 
overfished threshold for petrale sole. Regardless of future changes to 
the overfished threshold, based on the current status determination 
criteria, NMFS has determined the stock to be overfished at this time.
    As noted above, within 2 years of notification that a fishery is 
overfished, the respective Council must adopt and implement a 
rebuilding plan, through a FMP amendment which immediately ends 
overfishing and provides for rebuilding of the overfished stock.

    Dated: March 3, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-5154 Filed 3-9-10; 8:45 am]
BILLING CODE 3510-22-S