[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Page 28564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12282]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XW26


Fisheries of the Northeast Region; Pacific Region

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

ACTION:  Notification of determination of overfishing or 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 in the Northeast 
Region, Gulf of Maine/Georges Bank pollock, Gulf of Maine/Georges Bank 
windowpane and Northwestern Atlantic Coast witch flounder are subject 
to overfishing and are in an overfished condition. Also, in the 
Northeast Region, Southern New England/Mid-Atlantic windowpane is 
subject to overfishing and Georges Bank winter flounder is in an 
overfished condition. In addition, in the Pacific Region, the fall 
Chinook salmon stock in the Sacramento River has been determined to be 
in an overfished condition.
    NMFS notifies the appropriate fishery management council (Council) 
whenever it determines that; overfishing is occurring, a stock is in an 
overfished condition, or a stock is approaching an overfished 
condition. If a Council has been notified that a stock is in an 
overfished condition the Council must, within 2 years, prepare and 
implement an FMP amendment or proposed regulations to rebuild the 
affected stock.

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 or prevent overfishing in the 
fishery and to implement conservation and management measures to 
rebuild overfished stocks. Councils (or the Secretary) receiving 
notification 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 CFR 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 August 4, 2008, NMFS published the Report of the 3rd Groundfish 
Assessment Review Meeting (GARM III) which showed that Gulf of Maine/
Georges Bank pollock, Gulf of Maine/Georges Bank windowpane and 
Northwestern Atlantic Coast witch flounder are subject to overfishing 
and are in an overfished condition. In addition, GARM III showed that 
Southern New England/Mid-Atlantic windowpane is subject to overfishing 
and Georges Bank winter flounder is in an overfished condition. The New 
England Fishery Management Council (NEFMC) was notified on September 2, 
2008, of the results of the GARM III. However, official status changes 
could not be made at the time because GARM III also recommended changes 
in the status determination criteria (SDC) contained in the 
Multispecies FMP, which required an FMP amendment before the status 
determinations could be changed. These changes occurred in January 
2010.
    On March 2, 2010, NMFS informed the Pacific Fisheries Management 
Council that the Sacramento River Fall Chinook salmon stock failed to 
meet the escapement goal for the third consecutive year, which has 
triggered an overfished status determination.
    As noted above, within 2 years of notification of an overfished 
determination, 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 of the stock. In addition, for the fisheries 
experiencing overfishing, the responsible Councils must propose, and 
NMFS must adopt, effective ACLs and AMs to end overfishing.

    Dated: May 14, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-12282 Filed 5-20-10; 8:45 am]
BILLING CODE 3510-22-S