[Federal Register: January 5, 1998 (Volume 63, Number 2)] [Notices] [Page 206-207] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr05ja98-40] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 122997A] Magnuson-Stevens Act Provisions; Overfished Fisheries AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of overfished fisheries. ----------------------------------------------------------------------- SUMMARY: NMFS has identified overfished stocks or stocks that are approaching a condition of being overfished, as required by the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), as amended by the Sustainable Fisheries Act (SFA). The purpose of this notice is to notify the public that the Regional Fishery Management Councils (Councils) have been informed of those fisheries that are overfished and directed to initiate action to end overfishing and rebuild stocks, in the case of overfished fisheries, and to prevent overfishing in fisheries that are approaching an overfished condition. ADDRESSES: Copies of the Report on the Status of Fisheries of the United States may be obtained from George H. Darcy, Domestic Fisheries Division, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. A copy of the report is also available through the internet at <>. FOR FURTHER INFORMATION CONTACT: George H. Darcy, NMFS, 301/713-2341. SUPPLEMENTARY INFORMATION: Background This action is required by the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.) as amended by the SFA, which was signed into law on October 11, 1996. Section 304(e) of the Magnuson-Stevens Act requires that the Secretary of Commerce (Secretary) report annually to the Congress and the Councils on the status of fisheries within each Council's geographical area of authority and identify those fisheries that are overfished or are approaching a condition of being overfished. For those fisheries managed under a Fishery Management Plan (FMP) or international agreement, the status is to be determined using the criteria for overfishing specified in such FMP or agreement. A fishery is classified as approaching a condition of being overfished if, based on trends in fishing effort, fishery resource size, and other appropriate factors, the Secretary estimates that the fishery will become overfished within 2 years. Pursuant to section 304 of the Magnuson-Stevens Act, the Councils were notified by letter on September 30, 1997, of the species that were overfished or approaching an overfished condition, as follows: Dear Council Chairman: Enclosed is the Report on the Status of Fisheries of the United States, prepared pursuant to section 304 of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), as amended by the Sustainable Fisheries Act on October 11, 1996. This report identifies 76 overfished stocks and 10 stocks that are approaching an overfished condition that are covered by fishery management plans (FMPs). By September 30, 1998, each Council is required to develop measures to end overfishing and rebuild stocks that are overfished, and to prevent overfishing from occurring for stocks that are approaching an overfished condition, for those species covered by FMPs under its management authority. There are also 10 stocks identified in this report as overfished that are not covered by an FMP. Each Council is also required to develop measures to end overfishing and rebuild those stocks within its geographical area of authority, in the same timeframe. Rebuilding programs must be as short as possible, but not exceed 10 years, except in cases where the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise. The proposed national standard guidelines were published on August 4, 1997, and final guidelines are imminent. The revisions to the national standard 1 guidelines will require that the overfishing definitions contained in each FMP be examined on the basis of their ability to ensure stock levels that can produce maximum sustainable yield (MSY) on a continuing basis. Most existing overfishing definitions will require an amendment to bring them into conformance with the Magnuson-Stevens Act and the national standard guidelines. It is likely that, as the overfishing definitions contained in the FMPs are amended to comply with the new guidelines, many of the species that [[Page 207]] are now classified as ``not overfished'' on the basis of existing overfishing definitions will ultimately be reassessed as ``overfished.'' Consequently, this list represents a minimum number of overfished fisheries of the United States and probably understates the number of fisheries that will eventually be determined to be overfished. If you have any questions, please do not hesitate to contact me. Sincerely, Rolland A. Schmitten, Assistant Administrator for Fisheries Dated: December 29, 1997. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 98-141 Filed 1-2-98; 8:45 am] BILLING CODE 3510-22-F