[Federal Register: August 25, 2008 (Volume 73, Number 165)]
[Notices]
[Page 49994-49995]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au08-29]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XJ31
Fisheries of the Northeast Region; Fisheries of the Southeast
Region; Highly Migratory Species
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of determination of overfished and overfishing
conditions.
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SUMMARY: This action serves as a notice that NMFS, on behalf of the
Secretary of Commerce (Secretary), has determined that northeast smooth
skate, South Atlantic red snapper, and Gulf of Mexico gray triggerfish
are overfished and that northeast thorny skate is subject to
overfishing. NMFS notified the respective regional fishery management
councils (Councils) responsible for these fisheries of its
determination. The Councils are required to take action within 1 year
following notification by NMFS that overfishing is occurring, a stock
is approaching overfishing, a stock is overfished, a stock is
approaching an overfished condition, or existing remedial action taken
to end overfishing or rebuild an overfished stock has not resulted in
adequate progress. In addition, the Secretary has determined that the
highly migratory species blacknose shark is overfished and overfishing
is occurring.
FOR FURTHER INFORMATION CONTACT: Seanbob Kelly, telephone: (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 fishery management councils when overfishing is occurring, a
stock is approaching overfishing, a stock is overfished, a stock is
approaching an overfished condition, or existing action taken to end
previously identified overfishing or rebuilding a previously identified
overfished stock or stock complex has not resulted in adequate
progress.
On June 20, 2008, the NMFS approved Amendment 30A to the Fishery
Management Plan for the Reef Fish Resources of the Gulf of Mexico and
implemented it with a final rule published in the Federal Register (73
FR 38139; July 3, 2008). Amendment 30A established management targets
and thresholds for Gulf of Mexico gray triggerfish that were previously
undefined. Based on these new status determination criteria the NMFS
found that the Gulf of Mexico gray triggerfish is overfished using an
earlier stock assessment (SEDAR 9, 2006). Amendment 30A includes a
rebuilding plan for Gulf of Mexico gray triggerfish.
On July 8, 2008, the NMFS Southeast Regional Administrator sent a
letter notifying the South Atlantic Fishery Management Council (South
Atlantic Council) that South Atlantic red snapper is overfished. The
South Atlantic Council must submit a rebuilding plan for red snapper
within one year of that notification.
On July 21, 2008, the NMFS Northeast Regional Administrator sent a
letter notifying the New England Fishery Management Council (New
England Council) that smooth skate is overfished and that thorny skate
is undergoing overfishing. Thorny skate is currently under a rebuilding
plan. The New England Council must therefore ensure that overfishing is
ended and that the stock rebuilds on schedule. Copies of the
notification letters sent to the fishery management councils for the
aforementioned determinations are available at http://
www.nmfs.noaa.gov/sfa/statusoffisheries/SOSmain.htm.
[[Page 49995]]
NMFS previously published the Secretary's determination that
blacknose shark is overfished and subject to overfishing (73 FR 25665;
May 7, 2008). It is included in this notice to provide complete
documentation of the overfished and overfishing determinations made
between April 1, 2008 and June 30, 2008.
Within 1 year of a notification under Magnuson-Stevens Act sections
304(e)(2) or (e)(7), the respective Council must take remedial action
in response to the notification, to end overfishing if overfishing is
occurring; rebuild an overfished stock or stock complex to the
abundance that can produce maximum sustainable yield within an
appropriate time frame; prevent overfishing from occurring if a stock
is approaching overfishing; and/or prevent a stock from becoming
overfished if it is approaching an overfished condition (see
implementing regulations at 50 CFR 600.310(e)(3)). Such action must be
submitted to NMFS within 1 year of notification and may be in the form
of a new fishery management plan (FMP), an FMP amendment, or proposed
regulations.
Dated: August 19, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E8-19666 Filed 8-22-08; 8:45 am]
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