[Federal Register Volume 72, Number 52 (Monday, March 19, 2007)]
[Notices]
[Pages 12771-12772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4954]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 030107E]


Fisheries off West Coast States and in the Western Pacific; 
Overfishing Determination of Petrale Sole

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

ACTION: Notification of determination of overfishing.

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SUMMARY: This action serves as a notice that NMFS, on behalf of the 
Secretary of Commerce (Secretary), has determined that overfishing is 
occurring in fisheries for petrale sole. NMFS notified the Pacific 
Regional Fishery Management Council (Pacific Council) of its 
determination by letter. The Pacific Council is required to take action 
within 1 year following NMFS notification that overfishing is occurring 
or a stock is approaching overfishing, a stock is overfished or 
approaching an overfished condition, or existing remedial action taken 
to end overfishing or rebuild an overfished stock has not resulted in 
adequate progress.

FOR FURTHER INFORMATION CONTACT: Debra Lambert, 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 sends written notification to 
fishery management councils when overfishing is occurring or a stock is 
approaching overfishing; a stock is overfished or 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 
February 13, 2007, the NMFS Northwest Regional Administrator sent a 
letter, notifying the Pacific Council that petrale sole was subject to 
overfishing in 2005. The estimated catch of petrale sole in 2005 was 
2,766 mt, 0.14 percent above the 2005 petrale sole Acceptable 
Biological Catch (ABC) of 2,762 mt.
    A copy of the notification letter sent to the Pacific Council for 
the aforementioned determination is available at http://www.nmfs.noaa.gov/sfa/statusoffisheries/SOSmain.htm.
    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. However, preliminary estimates from 2006 indicate that the 
2006 petrale catch was below that species'ABC. This lower catch was 
likely due to the Pacific Council having introduced winter trip limits 
for petrale sole via inseason recommendations from its November 2005 
meeting (70 FR 72385, December 5, 2005). The 2007-2008 groundfish trip 
limits, established through notice and comment rulemaking, also include 
limits for petrale sole that were designed to keep catch within the 
appropriate level (71 FR 78638,

[[Page 12772]]

December 29, 2006). Thus, NMFS believes that the Council has taken the 
necessary steps under Magnuson-Stevens Act section 304(e)(3)(A) to end 
overfishing on petrale sole.

    Dated: March 12, 2007.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E7-4954 Filed 3-16-07; 8:45 am]
BILLING CODE 3510-22-S