[Federal Register: March 31, 1999 (Volume 64, Number 61)] [Rules and Regulations] [Page 15308-15309] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr31mr99-16] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [I.D. 032599B] RIN 0648-AL89 Fisheries of the Exclusive Economic Zone Off Alaska; Overfished Fisheries AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of overfished fishery. ----------------------------------------------------------------------- SUMMARY: NMFS has identified the eastern Bering sea stock of C. bairdi as overfished. The identification of overfished stocks is 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 North Pacific Fishery Management Council (Council) has been informed that the stock is overfished and has been directed to initiate action to end overfishing and rebuild the stock. 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 upon determination that a fishery is overfished, the Secretary of Commerce (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 managment council has one 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 (FMP) for the Commercial King and Tanner Crab Fisheries in the Bering Sea/Aleutian Islands (BSAI) (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 revises the definitions of overfishing, maximum sustainable yield, and optimum yield for the king and Tanner crab fisheries in the BSAI. Under the new definitions, the eastern Bering Sea C. bairdi Tanner crab spawning biomass is below the minimum sustainable stock size threshold, and is deemed overfished. Pursuant to section 304 of the Magnuson-Stevens Act, NMFS notified the Council by letter on March 3, 1999, that the stock is 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: I have approved Amendment 7 to the Fishery Management Plan (FMP) for the Commercial King and Tanner Crab Fisheries in the Bering Sea/ Aleutian Islands and Amendment 6 to the FMP for the Scallop Fishery Off Alaska. These amendments revise the definitions of overfishing for the crab and scallop species or species groups in the FMPs. This action is 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. A notice of availability for the proposed Amendments 7 and 6, which describes the proposed amendments and invited comments from the public, was published in the Federal Register at 63 FR 66112 on December 1, 1998. No regulatory changes are associated with these amendments. A Notice of Approval for the amendments will be published shortly in the Federal Register, informing the public of the approval decisions. Based on the overfishing definitions contained in Amendment 7 to the crab FMP, we determine C. bairdi to be overfished. By March 3, 2000, the Council is required by section 304(e) of the Magnuson- Stevens Act to prepare and submit conservation and [[Page 15309]] management measures to end overfishing and rebuild the C. bairdi 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, Regional Administrator Dated: March 25, 1999. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 99-7888 Filed 3-30-99; 8:45 am] BILLING CODE 3510-22-F