[Federal Register: October 8, 1999 (Volume 64, Number 195)]
[Rules and Regulations]               
[Page 54791]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc99-25]                         

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 100199B]

 
Fisheries of the Exclusive Economic Zone Off Alaska; Overfished 
Fisheries

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

ACTION: Notification of overfished fishery.

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SUMMARY: NMFS has identified Bering Sea snow crab (Chionoecetes opilio) 
and St. Matthew blue king crab (Paralithodes platypus) as overfished. 
This document is intended to notify the public that the North Pacific 
Fishery Management Council (Council) has been informed that these 
stocks are overfished and has been directed to initiate action to end 
overfishing and rebuild the stocks. This notification is necessary to 
comply with the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act), which requires identification of overfished 
stocks and subsequent implementation of management measures to rebuild 
overfished stocks.

FOR FURTHER INFORMATION CONTACT: Gretchen Harrington, 907-586-7228.

SUPPLEMENTARY INFORMATION: Section 304(e) of the Magnuson-Stevens Act 
requires that, if the Secretary of Commerce (Secretary) determines that 
a fishery is overfished, the Secretary shall immediately notify the 
appropriate fishery management council and request that action be taken 
to end overfishing in the fishery and to implement conservation and 
management measures to rebuild affected stocks. The fishery management 
council has 1 year from the date of notification to prepare a plan to 
end overfishing in the fishery and to rebuild affected stocks.
    On March 3, 1999, the Secretary approved Amendment 7 to the Fishery 
Management Plan for the Bering Sea/ Aleutian Islands King and Tanner 
Crabs (64 FR 11390, March 9, 1999). Pursuant to section 303(a)(10) of 
the Magnuson-Stevens Act, and the national standard guidelines (50 CFR 
part 600), the amendment revised the definitions of overfishing, 
maximum sustainable yield, and optimum yield for the king and Tanner 
crab fisheries in the Bering Sea/Aleutian Islands.
    Based on an analysis of the 1999 NMFS Eastern Bering Sea trawl 
survey data, the Bering Sea snow crab spawning biomass and the St. 
Matthew blue king crab spawning biomass are below the minimum stock 
size threshold defined for these stocks, and are thus deemed 
overfished.
    Pursuant to section 304 of the Magnuson-Stevens Act, NMFS notified 
Mr. Richard B. Lauber, Council Chairman, by letter on September 24, 
1999, that these crab stocks are overfished, as follows:

    Mr. Richard B. Lauber, Chairman
    North Pacific Fishery Management Council
    605 West 4th Avenue, Suite 306
    Anchorage, Alaska 99501-2252
    Dear Mr. Lauber:
    Amendment 7 to the Fishery Management Plan for the Bering Sea/
Aleutian Islands King and Tanner Crabs (FMP) revised the definitions 
of overfishing for the FMP crab species. This action was necessary 
for compliance with the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) and will advance the Council's 
ability to achieve, on a continuing basis, the optimum yield from 
fisheries under its jurisdiction.
    Based on an analysis of the 1999 NMFS Eastern Bering Sea trawl 
survey data, we determine Bering Sea snow crab (Chionoecetes opilio) 
and St. Matthew blue king crab (Paralithodes platypus) to be 
overfished because the total spawning biomass of each stock is below 
the minimum stock size threshold specified in the new overfishing 
definitions. A copy of this analysis is attached.
    This letter serves as your official notification that snow crab 
and St. Matthew blue king crab are overfished. Section 304(e) of the 
Magnuson-Stevens Act states that a council will have one year from 
notification of the overfished status of a stock to prepare and 
submit conservation and management measures to end overfishing and 
rebuild the affected stock. The rebuilding program must be as short 
as possible, but not exceed 10 years, except if the biology of the 
stock or other environmental conditions dictate otherwise.
    Sincerely,
    Steven Pennoyer,
    Administrator, Alaska Region


    Dated: September 30, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-26216 Filed 10-7-99; 8:45 am]
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