70514 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

Governmental Actions and Interference

with Constitutional Protected Property

Rights.

Executive Order 12988 (Civil Justice

Reform)

This action meets applicable

standards in Sections 3(a) and 3(b)(2) of

E.0. 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Executive Order 13045 (Protection of

Children)

We have analyzed this action under

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not concern an environmental risk

to health or safety that may

disproportionately affect children.

List of Subjects in 49 CFR Part 390

Highway safety, Motor carriers, Motor

vehicle identification and marking,

Reporting and recordkeeping

requirements

In consideration of the foregoing, the

FMCSA amends title 49, Code of

Federal Regulations, Chapter III, as

follows:

PART 390—[AMENDED]

1. Revise the authority citation for

part 390 to read as follows:

Authority: 49 U.S.C. 13301, 13902, 31132,

31133, 31136, 31502, 31504; sec. 204, Pub. L.

104–88, 109 Stat. 803, 941 (49 U.S.C. 701

note); sec. 217, Pub. L. 105–159, 113 Stat.

1748, 1767; and 49 CFR 1.73.

2. Amend § 390.19 by revising

paragraph (a) and adding paragraph (g)

to read as follows:

§ 390.19 Motor carrier identification report.

(a) Each motor carrier that conducts

operations in interstate commerce must

file a Motor Carrier Identification

Report, Form MCS–150 at the following

times:

(1) Before it begins operations; and

(2) Every 24 months, according to the

following schedule:

USDOT Number

ending in: Must file by last day of:

1 ......................... January.

2 ......................... February.

3 ......................... March.

4 ......................... April.

5 ......................... May.

6 ......................... June.

7 ......................... July.

8 ......................... August.

9 ......................... September.

0 ......................... October.

(3) If the next-to-last digit of its

USDOT number is odd, the motor

carrier shall file its update in every oddnumbered calendar year. If the next-tolast digit of the USDOT number is even,

the motor carrier shall file its update in

every even-numbered calendar year.

(4) Notwithstanding the schedule set

forth in paragraph (a)(2) of this section,

a motor carrier that would be required

to file the MCS–150 by the end of

January or February, 2001 must file the

form by the end of March, 2001.

* * * * *

(g) A motor carrier that registers its

vehicles in a State that participates in

the Performance and Registration

Information Systems Management

(PRISM) program (authorized under

section 4004 of the Transportation

Equity Act for the 21st Century [(Public

Law 105–178, 112 Stat. 107]) is exempt

from the requirements of this section,

provided it files all the required

information with the appropriate State

office.

* * * * *

Issued on: November 16, 2000.

Clyde J. Hart, Jr.,

Acting Deputy Administrator.

[FR Doc. 00–30032 Filed 11–22–00; 8:45 am]

BILLING CODE 4910–EX–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 223 and 224

[Docket No. 001103310-0310-01; I.D.

061199B]

Endangered and Threatened Species:

Puget Sound Populations of Pacific

Hake, Pacific Cod, and Walleye Pollock

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of determination.

SUMMARY: NMFS has completed an

Endangered Species Act (ESA) status

review for Pacific cod (Gadus

macrocephalus), Pacific hake

(Merluccius productus), and walleye

pollock (Theragra chalcogramma)

populations from the eastern North

Pacific Ocean between Puget Sound,

Washington, and southeast Alaska. After

reviewing available scientific and

commercial information, NMFS has

determined that none of the petitioned

populations in Puget Sound constitute

‘‘species’’ under the ESA. The agency

concludes that these populations are

part of larger distinct population

segments (DPSs) that qualify as species

under the ESA but do not warrant

listing as threatened or endangered at

this time. However, NMFS is adding the

Georgia Basin Pacific hake DPS to the

agency’s list of candidate species

because of remaining uncertainties

about its stock structure and status.

DATES: Effective November 24, 2000.

ADDRESSES: Protected Resource

Division, NMFS, 525 NE Oregon Street,

Suite 500, Portland, OR 97232.

Reference materials regarding this

determination can be obtained via the

Internet at www.nwr.noaa.gov/1salmon/

salmesa/pubs.htm.

FOR FURTHER INFORMATION CONTACT:

Garth Griffin, NMFS, Northwest Region

(503) 231-2005, or Marta Nammack,

NMFS, Office of Protected Resources

(301) 713-1401.

SUPPLEMENTARY INFORMATION:

Petition Background

On February 8, 1999, the Secretary of

Commerce received a petition from Sam

Wright of Olympia, Washington to list

and designate critical habitat for 18

species of marine fishes in Puget Sound,

Washington, under the ESA. On June

21, 1999 (64 FR 33037), the agency

accepted the petition for seven of these

species, including three members of the

family Gadidae (gadids): Pacific cod,

Pacific hake, and walleye pollock (also

referred to as cod, hake, and pollock).

The petitioner requested listings for

‘‘species/populations or evolutionary

[sic] significant units’’ in Puget Sound,

Washington. Under the ESA, a listing

determination can address a species,

subspecies, or a distinct population

segment (DPS) of a species (16 U.S.C.

1532 (15)). The term ‘‘evolutionarily

significant unit’’ is currently defined

only for Pacific salmonid DPSs (56 FR

58612, November 20, 1991). Therefore,

for definitions of these petitioned

species, NMFS relied on the DPS

framework described in the joint NMFS/

USFWS policy (61 FR 4722, February 7,

1996), see ‘‘Consideration as a ‘Species’

Under the ESA’’ section.

To ensure a comprehensive review,

NMFS requested comments from any

party having relevant information

concerning (1) biological or other

relevant data that may help identify

gadid DPSs; (2) the range, distribution,

and size of these species’ populations in

Puget Sound and coastal waters of

Washington and British Columbia; (3)

current or planned activities and their

possible impact on these species; and

(4) efforts being made to protect these

species in Washington and British

Columbia. NMFS also requested

Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations 70515

quantitative evaluations describing the

quality and extent of estuarine and

marine habitats for these species, as

well as information on areas that may

qualify as critical habitat in Washington.

Although the status review focused on

the petitioned populations in Puget

Sound, NMFS also considered

populations from the U.S. West Coast,

British Columbia, and southeast Alaska

because of their geographic proximity

and potential relationship to gadid

stocks in Puget Sound.

A NMFS Biological Review Team

(BRT), comprising staff from NMFS’

Northwest Fisheries Science Center and

Alaska Fisheries Science Center, has

completed a review of the best available

scientific and commercial information

pertaining to cod, hake, and pollock

from Puget Sound to southeast Alaska

(NMFS, 2000). This document

summarizes the principal results of this

status review. Copies of the entire BRT

report and other documents pertaining

to this review are available upon request

(see ADDRESSES).

Biological Background

The following section describes

briefly the general physical setting and

biological attributes of cod, hake, and

pollock. More detailed information can

be obtained from the NMFS status

review (NMFS, 2000) and species

accounts contained in Miller and Lea

(1972), Hart (1973), Eschmeyer et al.

(1983), and Kessler (1985).

The petition focused on populations

in Puget Sound, a fjord-like estuary

located in northwest Washington State

that covers an area of about 9,000 km2,

including 3,700 km of coastline. It is

subdivided into five basins or regions:

(1) North Puget Sound, (2) Main Basin,

(3) Whidbey Basin, (4) South Puget

Sound, and (5) Hood Canal. The Georgia

Basin is an international water body that

encompasses the marine waters of Puget

Sound, the Strait of Georgia, and the

Strait of Juan de Fuca. The coastal

drainage of the Georgia Basin is

bounded to the west and south by the

Olympic and Vancouver Island

mountains, and to the north and east by

the Cascade and Coast Ranges. The

petition addressed only those stocks of

hake and pollock in the Whidbey Basin,

the Main Basin, the Hood Canal, and the

South Puget Sound. The petitioner

stated that fishery patterns, spawning

locations, parasite markers, and tagging

studies indicate the existence of three

population groups within Puget

Sound—one located in the Straits of

Georgia and the area around

Bellingham, one in eastern Strait of Juan

de Fuca and Port Townsend Bay, and

one in the area south of Admiralty Inlet

that encompasses Hood Canal, Agate

Passage, and Dalco Passage.

Pacific Hake

Hake range from Sanak Island in the

western Gulf of Alaska to Magdalena

Bay, Baja California, and are most

abundant in the California Current

System (Hart, 1973; Bailey, 1982;

NOAA, 1990; Love, 1991). In addition to

the abundant migratory population of

Pacific hake that spawn offshore from

Cape Mendocino, California to southern

Baja California, several other stocks of

Pacific hake have been identified,

including at least two that spawn in

Puget Sound, several in the Strait of

Georgia, several in the west coast inlets

of Vancouver Island, and a small-bodied

(‘‘dwarf hake’’) off the west coast of

southern Baja California (Nelson, 1969;

Bailey et al., 1982; Ermakov, 1982;

Bailey and Yen, 1983; Beamish and

McFarlane, 1985; Pedersen, 1985;

Bollens et al., 1992; Quirollo, 1992;

Alados et al., 1993; Methot and Dorn,

1995; Fox, 1997).

Hake may spawn more than once per

season at depths between 130 and 500

m; spawning in Puget Sound occurs

primarily from February through April

and peaks in March (W. Palsson,

Washington Department of Fish and

Game (WDFW), pers. comm., 1999).

Stocks in the Strait of Georgia and Puget

Sound spawn adjacent to major sources

of freshwater inflow, near the Frazer

River in the Strait of Georgia and near

the Skagit and Snohomish Rivers in Port

Susan (McFarlane and Beamish, 1985;

Pedersen, 1985). Eggs hatch in 4 to 6

days, depending on the water

temperature. Larvae typically

metamorphose into juveniles in 3 to 4

months (Hollowed, 1992). Juveniles

reside in shallow coastal waters, bays,

and estuaries (Dark, 1975; Bailey, 1981;

Bailey et al., 1982; NOAA, 1990; Dark

and Wilkins, 1994; Dorn, 1995; Sakuma

and Ralston, 1995; Smith, 1995) and

move to deeper water as they get older

(NOAA, 1990). Adult hake school at

depths between 50 and 500 meters (m)

during the day, then move to the surface

and disband at night to feed (Sumida

and Moser, 1980; McFarlane and

Beamish, 1986; Tanasich et al., 1991).

In Puget Sound and the Strait of

Georgia, female hake mature at 4 to 5

years of age (McFarlane and Beamish,

1986) and growth ceases for both sexes

at 10 to 13 years (Bailey et al., 1982).

The maximum age for hake is about 20

years, but hake over age 12 are rare

(Methot and Dorn, 1995). Absolute

fecundity is difficult to determine

because hake may spawn more than

once per season. Coastal stocks have

180-232 eggs/g body weight, but Puget

Sound and Strait of Georgia stocks have

only 50-165 eggs/g body weight (Mason,

1986). Bailey (1982) estimated that a 28-

cm female had 39,000 eggs, while a 60-

cm female had 496,000 eggs.

Pacific Cod

Cod are found in continental shelf

and upper continental slope waters of

the North Pacific Ocean from Port

Arthur, China, in the northern Yellow

Sea, around the North Pacific Rim, into

the Bering Sea as far north as the

Chukchi Sea, and south along the North

American coast to Santa Monica Bay,

California (Pinkas, 1967; Hart, 1973;

Bakkala et al., 1984; Allen and Smith,

1988; Love, 1991; Stepanenko, 1995;

Westrheim, 1996). Cod are also found

off the east coast of Japan from Tokyo

Bay to northern Hokkaido, on the west

coast of Japan in the Sea of Japan, and

off the coasts of the Sakhalin and Kurile

Islands (Bakkala et al., 1984; Fredin,

1985). Off North America, the southern

limit of commercial cod fishing lies

between Cape Flattery and Destruction

Island on the Washington outer coast

(Ketchen, 1961).

Cod are an important groundfish in

shallow, soft-bottomed marine and

estuarine habitats along the west coast

(Garrison and Miller, 1982). Garrison

and Miller (1982) reported that all cod

life stages are found in various bays in

Puget Sound and in the Strait of Juan de

Fuca. Adults and large juveniles prefer

mud, sand, and clay substrates,

although Palsson (1990) and Garrison

and Miller (1982) found adults

associated with coarse sand and gravel

substrates. Although cod are not

considered a migratory species,

individual adult cod have been found to

move more than 1,000 km (NOAA,

1990; Shimada and Kimura, 1994).

Cod are single-batch spawners,

releasing all ripe eggs in a single

spawning event within a few minutes’

time (Sakurai, 1989; Sakurai and

Hattori, 1996). Spawning occurs from

late fall to early spring in Puget Sound

(Garrison and Miller, 1982). Cod eggs

are demersal, weakly adhesive, and

usually found associated with coarse

sand and cobble bottoms (Phillips and

Mason 1986). Eggs and larvae are found

over the continental shelf between

Washington and central California from

winter through summer (Dunn and

Matarese, 1987; Palsson, 1990). Small

juveniles (between 60 and 150 mm in

length) usually settle into intertidal/

subtidal habitats, commonly associated

with sand and eel grass, and gradually

move into deeper water with increasing

age (NOAA, 1990; Miller et al., 1976).

In British Columbia waters, 50

percent of the male cod have been

70516 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

reported to be sexually mature at 41-53

cm, and 50 percent of the females have

been reported to be mature at 47-56 cm

(Westrheim, 1996). For cod spawning

near Port Townsend, both sexes mature

by 2 years and 45 cm (NOAA, 1990). In

general, fecundity in cod has been

estimated between 225,000 and 5

million eggs per spawning female

(Forrester, 1969; Alderdice and

Forrester, 1971; Hart, 1973; NOAA,

1990; Palsson, 1990).

Walleye Pollock

Pollock are found in the waters of the

northeastern Pacific Ocean from the Sea

of Japan, north to the Sea of Okhotsk,

east to the Bering Sea and Gulf of

Alaska, and south along the Canadian

and U.S. West Coast to Carmel,

California (Phillips, 1942 and 1943;

Hart, 1973; Bailey et al., 1999). Currents,

eddies, and meso-scale physical coastal

structures influence the distribution of

their early life-history stages. The

distributions of later life-history stages

appear to be influenced by temperature,

light, and prey abundance—variables

that may change from year to year in a

given area (Bailey, 1989; Swartzman et

al., 1994; Olla et al., 1996; Sogard and

Olla, 1996a,b; Brodeur et al., 1997).

Adult pollock inhabit the continental

shelf and slope (Saunders et al., 1989),

though various life-history stages are

capable of inhabiting nearshore areas,

large estuaries (such as Puget Sound),

coastal embayments, and open ocean

basins, such as the Aleutian Basin of the

Bering Sea (Bailey et al., 1999). Adults

have been found as deep as 366 m (Hart,

1973), but the vast majority range

between 100 and 300 m. Larvae and

small juveniles are generally found in

the upper water column to depths of 60

m (Garrison and Miller, 1982; Bailey et

al., 1999), but have been found in a

variety of habitat types, including

eelgrass (over sand and mud), and over

gravel and cobble substrates (Miller et

al., 1976). Pollock are not considered a

migratory species, but pre-spawning

adults do make relatively short journeys

to regional spawning grounds (Muigwa,

1989).

During spawning, pollock apparently

pair and spawn after a complex

courtship (Sakurai, 1982; Baird and

Olla, 1991). Females spawn several

batches of eggs over a short period of

time (Sakurai, 1982; Hinckley, 1987).

Eggs are usually spawned in deep water

and remain suspended in the water

column at 100-400 m at most spawning

localities (Kendall et al., 1994), but can

also be spawned in shallower waters in

coastal bays. Larvae metamorphose into

juveniles at a length of about 18 mm

(Bailey, 1989; Grover, 1990; Merati and

Brodeur, 1996). In the first year,

juveniles grow about 1 mm per day,

reaching 80-100 mm in length in 6

months and 120-140 mm by the end of

the first year. The growth rates of

juvenile and adult walleye pollock in

the Georgia Basin appear to be retarded

compared with pollock from coastal

waters.

In western Gulf of Alaska waters,

males have been reported to be sexually

mature at age 3 and at a length of 29-

32 cm; similarly, 3-year-old females (30-

35 cm) were sexually mature (Garrison

and Miller, 1982). A study by Saunders

et al. (1989) reports that male pollock

from coastal waters off of British

Columbia reached a maximum length of

approximately 50 cm by age 7, whereas

male pollock from the Strait of Georgia

reached a maximum length of 40 cm by

age 5. Female pollock from these areas

showed a similar trend, but their

maximum length was a few cm longer.

Fecundity estimates are not available for

pollock in Puget Sound (Matthews,

1987), and it is difficult to compare

fecundity between pollock from

different regions because of the

possibility of interannual variability

within regions (Hinckley, 1987) and the

lack of standardized methodology.

However, some comparisons do reflect

geographical differences in fecundity

between the Bering Sea, Shelikof Strait,

and Strait of Georgia (Miller et al.,1986).

Consideration as a ‘‘Species’’ Under the

ESA

To qualify for listing as a threatened

or endangered species, the petitioned

populations of Puget Sound cod, hake,

and pollock must be considered

‘‘species’’ under the ESA. Section 3(15)

of the ESA defines a ‘‘species’’ to

include any ‘‘distinct population

segment of any species of vertebrate

which interbreeds when mature.’’ On

February 7, 1996, the U.S. Fish and

Wildlife Service and NMFS adopted a

policy to clarify their interpretation of

the phrase ‘‘distinct population segment

of any species of vertebrate fish or

wildlife’’ for the purposes of listing,

delisting, and reclassifying species

under the ESA (51 FR 4722). The joint

policy identifies two elements that must

be considered when making DPS

determinations: (1) the discreteness of

the population segment in relation to

the remainder of the species (or

subspecies) to which it belongs; and (2)

the significance of the population

segment to the species or subspecies to

which it belongs.

Discreteness. According to the joint

policy mentioned above, a population

segment may be considered discrete if it

satisfies either one of the following

conditions: (1) It is markedly separated

from other populations of the same

taxon as a consequence of physical,

physiological, ecological, or behavioral

factors; or (2) it is delimited by

international governmental boundaries

across which there is a significant

difference in exploitation control,

habitat management, or conservation

status.

Significance. The joint policy states that

the following are some of the

considerations that may be used when

determining the significance of a

population segment to the taxon to

which it belongs: Persistence of the

discrete population in an unusual or

unique ecological setting for the taxon;

evidence that the loss of the discrete

population segment would cause a

significant gap in the taxon’s range;

evidence that the discrete population

segment represents the only surviving

natural occurrence of a taxon that may

be more abundant elsewhere; or

evidence that the discrete population

segment has marked genetic differences

from other populations of the species.

This is the first NMFS status review

that attempts to apply the DPS criteria

to marine fish species over a broad

geographic area of the North Pacific

Ocean and, as noted previously, the

agency’s assessment included gadid

stocks from a larger range (i.e., U.S.

West Coast, British Columbia and

southeast Alaska) than that petitioned.

NMFS considered several kinds of

information in this status review to

attempt to delineate DPSs of Pacific

hake, Pacific cod, and walleye pollock

in Puget Sound. The first kind of

information was habitat characteristics

that might indicate that the population

segment occupies an unusual or unique

ecological setting for the species as a

whole. The second kind of information

was to consider geographical variability

in phenotypic and life-history traits that

may reflect local adaptation. Such traits

may have an underlying genetic basis,

but are often strongly influenced by

environmental factors from one locality

to another. The third kind of

information consisted of mark-recapture

studies, which give insight into the

physical movement of individuals

between areas. The fourth kind of

information consisted of traits that are

inherited in a predictable way and

remain unchanged throughout the life of

an individual. Differences among

populations in the frequencies of these

genetically determined traits may reflect

isolation between the populations.

Based on the DPS criteria described

above and after assessing the best

available scientific and commercial

information, NMFS has identified DPSs

Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations 70517

for each of the three gadid species. The

information reviewed and the resultant

DPS characterizations are summarized

here.

Pacific Hake

There is considerable evidence

indicating that Puget Sound and Strait

of Georgia stocks (inshore stocks)

represent a population that is distinct

from coastal populations. Hake are most

abundant in the California Current

system (Hart, 1973; Bailey, 1982;

NOAA, 1990; Love, 1991). Coastal

stocks spawn off California in the

winter, then mature adults begin

moving northward and inshore,

following the food supply and Davidson

currents (NOAA, 1990). Hake reach as

far north as southern British Columbia

by fall, then by late fall they begin

migrating to southern spawning grounds

and more offshore areas (Bailey et al.,

1982; Stauffer, 1985; Dorn, 1995; Smith,

1995). The inshore stocks follow similar

migration patterns but on a greatly

reduced scale (McFarlane and Beamish,

1986; Shaw et al., 1990). Hake that

spawn in the Strait of Georgia, in Puget

Sound at Port Susan and Dabob Bay,

and in Nootka Sound, Barkley Sound,

and Sydney Inlet on Vancouver Island

are essentially resident stocks, although

they may undertake relatively short

spawning migrations (Ware and

McFarlane, 1995). Puget Sound and

Strait of Georgia stocks spend their

entire lives in these estuaries

(McFarlane and Beamish, 1986; Shaw et

al., 1990), indicating that little

intermixing occurs between these

populations and their coastal

counterparts.

In addition, available data show that

inshore stocks have substantially slower

growth rates than the coastal hake

(Alverson and Larkins, 1969; Nelson

and Larkins, 1970). Studies also indicate

that individuals in the inshore

population are substantially smaller

than those in the coastal population,

further suggesting discreteness between

the two populations (Nelson, 1969;

Beamish, 1979; Pedersen, 1985). Puget

Sound stocks appear to mature at a

smaller size than stocks in the Strait of

Georgia (Nelson, 1969; Beamish, 1979;

Pedersen, 1985), but this difference may

have been caused by an intense

commercial hake fishery in Puget Sound

(Pedersen, 1985).

NMFS also looked at otolith

morphometrics to further evaluate

population discreteness. Otoliths from

coastal hake were compared with those

from the Strait of Georgia hake and were

found to be more elongate and less

concave in section (McFarlane and

Beamish, 1985), and an earlier study

(Anonymous, 1968) reported that

otoliths from Puget Sound hake varied

from those found in offshore hake.

Although there were no data to allow a

comparison between Strait of Georgia

and Puget Sound stocks, the available

evidence appears to lend further

support to the hypothesis that the

coastal and inshore populations are

distinct.

Parasitological data also suggest that

inshore hake stocks do not substantially

intermingle with the coastal migratory

stocks. A species of protozoan parasite

is present only in the coastal stock,

indicating that the parasite infected the

offshore stocks after the inshore stocks

had been isolated in the Georgia Basin

(Kabata and Whitaker, 1981 and 1985;

McFarlane and Beamish, 1985). In

contrast, there is not enough

information on parasite incidences to

show whether Puget Sound stocks are

isolated from Strait of Georgia

populations.

Genetic studies indicate that inshore

hake stocks are reproductively isolated

from the offshore population. Samples

collected from fish in or near the

spawning ground (Port Susan) and

during spawning show that allozyme

frequencies differ significantly between

the inshore and the offshore populations

(Utter, 1969; Utter and Hodgins, 1969

and 1971; Utter et al., 1970). However,

there are no similar data to evaluate the

degree of reproductive isolation

between Puget Sound and Strait of

Georgia populations.

NMFS also reviewed available data to

determine if hake in Puget Sound and

the Strait of Georgia occupied a unique

setting within the biological species as

a whole. NMFS found that these are the

only hake populations to inhabit fjordlike environments. These hake spawn in

deep, inshore basins that receive large

freshwater inputs, a much different

environment from the coastal hake that

spawn 60 to 1,655 km offshore

(Saunders and McFarlane, 1997).

DPS Determination. NMFS concludes

that the hake populations identified by

the petitioner do not constitute a

‘‘species’’ under the ESA, but are part of

a larger ‘‘Georgia Basin Pacific hake

DPS’’ consisting of inshore resident

hake from Puget Sound and the Strait of

Georgia. This DPS encompasses at least

five geographically discrete spawning

aggregates that are found in Dabob Bay

and Port Susan in Puget Sound and the

south-central Strait of Georgia, Stuart

Channel, and Montgomery Bank in the

Strait of Georgia.

Although NMFS could not with any

certainty identify multiple populations

or DPSs of hake within the Georgia

Basin, the agency acknowledges the

possibility that significant structuring

may exist within the proposed DPS and

that such structure might be revealed by

new information. The agency expects to

receive some new information in the

near future that will likely resolve many

of the uncertainties about the status and

relationship of hake stocks within the

Georgia Basin DPS. When this

information becomes available, and as

resources permit, NMFS will re-assess

the configuration of this DPS.

Pacific Cod

Cod in Puget Sound have been

categorized into three components by

the Washington Department of Fish and

Wildlife: a North Sound component

located in U.S. waters north of

Deception Pass (including the San Juan

Islands, Strait of Georgia, and

Bellingham Bay), a West Sound

component (located west of Admiralty

Inlet and Whidbey Island, and in the

U.S. section of the Strait of Juan de

Fuca— including Port Townsend), and

a South Sound component (located

south of Admiralty Inlet).

To determine whether the petitioned

Puget Sound populations are distinct

from each other (or from coastal stocks),

NMFS analyzed tagging studies to

determine the amount of spawning

fidelity within the stocks. Although

limited tagging data from Puget Sound

and Strait of Georgia spawning fish

indicated some spawning fidelity, the

same studies also showed movement of

spawning cod into other known

spawning areas, suggesting a larger

stock structure. Tagging studies in the

eastern Bering Sea and adjacent waters

found ‘‘sufficient migration to explain

Grant et al.’s (1987) findings of genetic

homogeneity in cod over broad areas of

the North’’ (Shimada and Kimura,

1994). These results support the

hypothesis that Puget Sound

populations are part of a larger

population group.

There are very few data on genetically

based population structures among

Puget Sound cod. Genetic studies

indicate that there is reproductive

isolation between western (Asia) and

eastern (North America including the

Bering Sea) Pacific cod, but there is

little evidence to indicate isolation

among North American stocks (Grant et

al., 1987). NMFS concluded that the

current genetic information suggests

that Puget Sound cod are part of a larger

distinct population; however, NMFS

does not rule out the possibility that

genetic studies of spawning fish may

show a more substantial amount of

genetic divergence between

populations.

70518 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

NMFS analyzed other available

information regarding the reproductive

isolation of Puget Sound cod but found

no evidence to support a Puget Sound

DPS. For example, cod in their southern

range are relatively fast growing

compared with other populations

further north, but this may simply be a

function of increased metabolic activity

and longer growing seasons in warmer

southern waters. Studies also suggest

that southern populations are isolated

from northern populations because they

have higher size-specific fecundities

than northern stocks. However, this

could be recruitment compensation for

southern populations that appear to

grow and mature at faster rates and die

at a younger age than do cod from

northern areas (Ketchen, 1961;

Thomson, 1962; Foucher and Tyler,

1990). There was very little

parasitological information to show

whether the cod population is

structured on a finer scale.

NMFS also analyzed habitat

characteristics for cod at the population

level and determined that cod occupy

and spawn in fjord-type marine habitats

along the coasts of British Columbia and

southeastern Alaska that are

ecologically similar to those found in

Puget Sound. Thus, the Puget Sound

ecological setting is not unique to cod,

nor is there geographical variability in

the species phenotypic or life-history

traits that show local adaptation to

fjord-like marine habitats.

DPS Determination. NMFS concludes

that the cod populations identified by

the petitioner do not constitute a

‘‘species’’ under the ESA, but are part of

a larger ‘‘Pacific cod DPS’’ consisting of

cod populations from Puget Sound to at

least as far north as Dixon Entrance

(near the Queen Charlotte Islands,

British Columbia). The agency

considered several possible DPS

configurations for cod in the

northeastern Pacific Ocean in

attempting to identify a ‘‘discrete’’ and

‘‘significant’’ segment of the biological

species that incorporates Puget Sound

cod populations. While there are very

few data at present to identify the exact

northern boundary of the DPS, the

agency believes that the best available

information supports identifying a DPS

that is substantially larger than that

identified by the petitioner.

Walleye Pollock

NMFS assessed information

indicating persistent stock structure

throughout the species’ range,

suggesting that pollock exhibit homing

fidelity. However, though stock

structure of pollock appears to be

persistent, little evidence for a direct

parent/offspring linkage exists. The

broad area of spawning in the northeast

Pacific Ocean and the broad distribution

of pelagic eggs and larvae also raise

questions about the level of isolation

among local spawning populations. In

addition, this species is considered to be

an opportunistic colonizer, able to take

advantage of ecological niches by rapid

growth, early maturity, and high

fecundity (Bailey et al., 1999). This life

history characteristic suggests that

pollock are able to inhabit areas where

they did not historically exist and to

reoccupy areas that were once

inhabited.

Pollock show a more or less

continuous distribution of spawning

sites from Puget Sound through

southeast Alaska, and populations

within this range spawn from March to

early June in the same locations year

after year. In contrast, Bering sea stocks

spawn throughout a 10-month period

from January to October (Bulatov, 1989)

and, possibly, into November (Mulligan

et al., 1989). Hence, the homogeneity of

reproductive traits among stocks from

Puget Sound to southeast Alaska

suggests a larger population structure

than that identified by the petitioner.

Unfortunately, there is not enough

information from other sources—e.g.,

tagging, parasite incidence, fecundity,

and local population genetics—to

determine whether population

structures should be defined on a

smaller scale. For example, there is little

evidence to show genetic differentiation

of pollock populations at scales smaller

than Asia versus North America.

However, a recent microsatellite DNA

study has shown statistically significant

differences among pollock samples

collected in Puget Sound (Port

Townsend), the southeastern Bering

Sea, and the Gulf of Alaska.

NMFS also analyzed habitat

characteristics for pollock at the

population level and determined that

pollock, like cod, inhabit and spawn in

marine habitats along the coasts of

British Columbia and southern Alaska

that are ecologically similar to those

found in Puget Sound. These

populations spawn in sea valleys,

canyons, or indentations in the outer

margin of the continental shelf. They are

also known to spawn in fjords and

deepwater bays whereas pollock in the

Bering Sea and Gulf of Alaska spawn

over deep water and the continental

shelf. Thus, the Puget Sound ecological

setting is not unique to pollock in the

eastern North Pacific Ocean.

Studies indicate that pollock densities

and abundance decrease markedly east

of 140° W longitude (Dorn et al., 1999a),

and the pollock management boundary

between the Gulf of Alaska and

southeast Alaska has been set at this

line of longitude. Also, zoogeographic

zones of coastal marine fishes and

invertebrates further suggest a pollock

population structure that extends

beyond Puget Sound but no farther

north than southeast Alaska. Two zones

have been identified within the lower

boreal Eastern Pacific with a transition

area found in the coastal region from

Puget Sound to Sitka, Alaska (Briggs,

1974; Allen and Smith, 1988). In

addition, many marine fish species

common to the Bering Sea extend

southward into the Gulf of Alaska but

apparently no further south (Briggs,

1974). NMFS viewed this as further

evidence that Puget Sound pollock

stocks are likely part of a larger

population that extends to southeast

Alaska.

DPS Determination. NMFS concludes

that the pollock populations identified

by the petitioner do not constitute a

‘‘species’’ under the ESA, but are part of

a larger ‘‘Lower Boreal Eastern Pacific

pollock DPS’’ consisting of pollock

populations from Puget Sound to

southeast Alaska (i.e., at or near a

boundary of 140° W longitude). The

agency considered several possible DPS

configurations for pollock in the

northeastern Pacific Ocean in

attempting to identify a ‘‘discrete’’ and

‘‘significant’’ segment of the biological

species that incorporates Puget Sound

populations. Some evidence suggests

that multiple stocks exist within this

DPS, but the agency believes that the

evidence is insufficient to support a

geographically smaller DPS.

Status of Hake, Cod, and Pollock DPSs

In considering whether these DPSs

should be listed as threatened or

endangered under the ESA, NMFS

evaluated both qualitative and

quantitative information. The

qualitative evaluations included recent,

published assessments by a variety of

sources, while quantitative assessments

were based on current and historical

abundance information and time series

data compiled principally by fisheries

agencies in Washington and Canada.

Georgia Basin Pacific Hake DPS

The biomass of hake in Port Susan

during the spawning period has

declined by 85 percent over the past 15

years, and total abundance has dropped

to less than 11 million fish in the year

2000. Size composition and size at

maturity for females have also decreased

substantially. In contrast, these changes

are not evident among hake populations

in the Canadian portion of the Strait of

Georgia. Saunders and McFarlane (1999)

Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations 70519

indicated that a conservative estimate of

hake biomass in the Canadian portion of

the Strait of Georgia during the 1990s

was about 50,000 to 60,000 metric tons

(mt) and that biomass was stable during

that decade. Biomass estimates for the

Port Susan population ranged from

10,648 mt in 1990 to 2,365 mt in 1999.

Using these estimates, the Port Susan

hake population constituted between

3.8 and 17.6 percent of the combined

Port Susan-Strait of Georgia population

during the 1990s. Thus, if the Canadian

portion of the Strait of Georgia

population is maintained, loss of the

Port Susan population does not appear

to pose a serious extinction risk for the

entire Georgia Basin DPS.

There is a great deal of uncertainty

regarding the effects of potential risk

factors on hake stocks within the

Georgia Basin DPS. While there are data

on some risk factors, others are not well

documented or are only suspected to be

factors for decline. Examples of the

latter include habitat alterations in

Puget Sound, resulting in the potential

loss of eelgrass and kelp beds that

contribute important hake food sources,

and changes in river flow patterns and

increased turbidity that could degrade

habitat conditions. In contrast, NMFS

was able to examine more quantitatively

the possible effects of harvest and

pinniped predation on hake in the

Georgia Basin. Harvest rates by

commercial fishers showed a

precipitous decline from 8,986 mt in

1982 to 41 mt in 1990, and by 1991 the

fishery was closed because of low

abundances (W. Palsson, WDFW, pers.

comm., 1999). NMFS (1997) estimated

that California sea lions consumed 830

mt of Puget Sound hake per year (on

average) between 1986 and 1994. This

study also estimated that harbor seals

consumed 3,209 mt in eastern bays and

1,649 mt in Puget Sound proper in 1993,

and Saunders and McFarlane (1999)

estimated that harbor seals consumed

11,000 mt of hake in the Strait of

Georgia in 1996.

Changes in migratory behavior among

the offshore hake populations appear to

be related to environmental factors

(Dorn, 1975). During warm years, the

offshore hake population is found off

Canada during the summer feeding

season and, during the very warm

period of the late 1990s, some hake

apparently spawned off Washington and

Canada (i.e., much further north than

the typical spawning area off California

and Mexico) (Dorn et al., 1999a). The

Port Susan population has apparently

changed more than the Canadian

portion of the DPS. It is possible that

warm environmental conditions have

caused the Port Susan area to be

relatively less favorable for hake

spawning than the Canadian portion of

the Strait of Georgia. Some of the Port

Susan population may have migrated to

Canadian waters, or perhaps there has

been less movement down from

Canadian waters now than in previous

years.

While some uncertainty remains

regarding the geographic extent of this

DPS and its overall level of risk,

available evidence suggests that

millions of hake are present in large

parts of the DPS. Therefore, NMFS

concludes that the Georgia Basin Pacific

hake DPS is not presently in danger of

extinction nor is it likely to become so

in the foreseeable future. Resources

permitting, NMFS will re-assess the

status of this DPS when new

information becomes available to

resolve remaining uncertainties about

its stock structure and status.

Pacific Cod DPS

Commercial landings of cod off the

U.S. west coast peaked in 1988 at 3,343

mt and have steadily declined since that

peak to an estimated 404 mt in 1998.

The majority of these landings are

reported from Washington State ports

(Pacific Fishery Management Council,

1999). The cod stock off the U.S. west

coast reportedly is more prone to

recruitment failure than the northern

stocks, suggesting that the

environmental conditions necessary for

successful spawning and larval success

occur infrequently in this area (Dorn,

1993).

Status assessments for Puget Sound

cod populations are based primarily on

trends in fishery statistics since 1970

(Palsson, 1990; Palsson et al., 1997).

Catches since 1970 have shown

alternating periods of good catch years

with periods of poor catch years,

fluctuating around a 900-mt level

between the mid-1970s and mid-1980s.

Catches peaked at 1,588 mt in 1980,

then declined fairly steadily to low

levels--about 13.6 mt in 1994 (Palsson et

al., 1997). Due to concerns over the

species’ decline, commercial fishing for

cod was prohibited in Puget Sound

south of Admiralty Inlet in 1987. Catch

rates north of Admiralty Inlet followed

similar declines.

The primary stock indicator for Puget

Sound, north of Admiralty Inlet, was the

catch rate from the commercial bottom

trawl fishery (Palsson et al., 1997).

These catch rates generally declined

between the 1970s and 1994. However,

data since 1994 (W. Palsson, WDFW,

pers. comm., 1999) indicate that catch

rates in the bottom trawl fishery were

somewhat higher than the low in 1994.

The primary stock indicator for Puget

Sound south of Admiralty Inlet was the

catch rate from the recreational fishery,

which has also declined fairly steadily

since the late 1970s (Palsson, 1997).

Recreational catches estimated from the

National Marine Recreational Fisheries

Statistical Survey in Puget Sound were

2,430 and 920 cod in 1996 and 1997,

respectively (WDFW, 1998). Fishery

statistics suggest that South Sound cod

populations (including Townsend Bay

and Agate Passage) have also declined

(Palsson et al., 1997), prompting several

harvest restrictions after 1989 to protect

these stocks.

Bottom trawl surveys have been

conducted in Puget Sound

intermittently since 1987 (W. Palsson,

WDFW, pers. comm., 1999). Estimates

for biomass and numbers of fish in 1987

were much higher than in other years,

but there has been no apparent trend in

the estimated abundance of cod in Puget

Sound, both in number and weight,

since the 1987 survey. In 1987, 1989,

and 1991 when all Puget Sound

management regions were surveyed, the

estimated cod biomass exceeded 2,500

mt, and estimated cod numbers

exceeded 4.7 million fish each year.

In British Columbia waters, four cod

stocks are defined for management

purposes: Strait of Georgia, west coast

Vancouver Island, Queen Charlotte

Sound, and Hecate Strait. The latter

stock is the only one to be recently

evaluated and it appears to be at low

levels. Annual trawl fishery yields in

Hecate Strait have varied between a

high of 8,870 mt in 1987 to a low of 403

mt in 1996 (Canada Department of

Fisheries and Oceans (DFO), 1999). The

most recent assessment indicates that

stock biomass was at historically low

levels in 1994-96 (Haist and Fournier,

1998) and that there has been a slight

increase in the past 2 years. Recruitment

estimates are low, and year-class

strength continues to be below-average.

Projections for cod in Hecate Strait

indicate that the stock will decline in

the next 2 years (DFO, 1999). Catch data

for the Strait of Georgia during 1970-

1991 closely match those available for

Puget Sound (Schmitt et al., 1994). In

both areas, catches synchronously

ranged between 500 and 1,000 mt

during the early 1970s, then rose to

about 1,500 mt per year during the late

1970s and early 1980s. After a peak in

1981, catches fell to less than 100 mt by

1991. Catches in the Strait of Georgia

continued to decline, reaching zero by

1999.

Information on the status of cod in

southeast Alaska is limited and Gulf of

Alaska assessments do not provide

subarea estimates. However, trawl

biomass estimates from 1984-1999

70520 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

indicate that cod abundance in

southeast Alaska fluctuated between

4,000 mt in 1984 and 11,000 mt in 1990;

1999 estimates indicate that cod stocks

are near the highest level, about 10,000

mt (M. Martin, NMFS, pers. comm.,

2000).

There are insufficient data to conduct

quantitative analyses of cod extinction

risks. However, Palsson (1990)

discussed potential factors contributing

to the decline of cod in Puget Sound

through the 1980s. He concluded that

the decrease in stock abundance

corresponded to a change to a warmer

oceanographic regime, and to an

increase in the abundance of pinnipeds

and in the fishing effort. Cod

populations in Puget Sound have

remained low, though fishing effort for

cod dropped substantially during the

1980s and was extremely low during the

1990s. In addition to those factors, West

(1997) also considered the degradation

of nearshore nursery habitats to be a

factor that may decrease juvenile cod

survival. Small juveniles usually settle

into intertidal/subtidal habitats that are

commonly associated with sand and eel

grass, and such habitats have declined

in both extent and quality in Puget

Sound.

Studies indicate that cod are not

major components of pinniped diets

(Schmitt et al., 1995), but pinniped

predation risks have not been evaluated

quantitatively. Similarly, it is unclear

how changes in the abundance of other

fish species may affect cod populations

in Puget Sound. For example, predation

by salmonids is suspected since

increased releases of yearling chinook

salmon from hatcheries in Puget Sound

appear to coincide with changes in cod

abundance. Also, West (1997) suggested

that declines in the abundance of two

primary prey species—herring and

pollock—may have contributed to cod

declines in Puget Sound. The effects

that contaminants or toxins from

phytoplankton blooms (‘‘red tides’’) may

have on cod abundance have also not

been evaluated.

As noted previously, NMFS could not

identify a definitive northern boundary

for the Pacific cod DPS, but believes that

it extends to at least Dixon Entrance.

Hence, the agency’s risk assessment

included a greater number of cod stocks

than those addressed in the petition.

While declines are evident throughout

the DPS’ range, it is unclear whether

they are attributable to natural

phenomena that may be common over

the species’ history. Cod in this DPS are

at the southern extreme of the species’

range, and their current low abundance

may represent a temporary range

shrinkage in response to unfavorable

environmental conditions. Still, it is

apparent that cod persist throughout the

range of this DPS and that their

abundance, particularly in the northern

portions of the DPS—does not suggest a

detectable risk of endangerment.

Therefore, NMFS concludes that the

Pacific cod DPS is not presently in

danger of extinction nor is it likely to

become so in the foreseeable future.

Lower Boreal Eastern Pacific Walleye

Pollock DPS

Walleye pollock in southern Puget

Sound are on the extreme southern end

of the species distribution, yet a sport

fishery near Tacoma once made them

the most common bottomfish harvested

in Puget Sound recreational fisheries.

Catches in southern Puget Sound

exceeded 181 mt per year from 1977 to

1986, but catches subsequently

dropped, causing the fishery to collapse

(Palsson et al., 1997). Due to concerns

about the status of the population, the

daily bag limit for pollock in the

recreational fishery in Puget Sound was

reduced from 15 fish to 5 fish in 1992,

and from 5 fish per day to zero in 1997.

Results of the Marine Recreational

Fisheries Statistical Survey indicate no

pollock were reportedly caught in

recreational fisheries in Puget Sound

during 1996 and 1997 (WDFW, 1998).

North of Admiralty Inlet, trawl catch

rates between 1970 and 1994 were

generally low, and catches were usually

less than 50 mt, except during the peak

1978-1981 period when catches usually

exceeded 500 mt. Palsson et al. (1997)

reported that it is unclear whether the

stock is depressed, not targeted by the

fishery, or was simply unavailable to the

fishery during these years.

Bottom trawl surveys have been

conducted in Puget Sound

intermittently since 1987 (W. Palsson,

WDFW, pers. comm., 1999). Estimates

for biomass and numbers of fish in 1987

were much higher than in other years

and the average sizes of pollock taken

were usually smaller. This may not

represent a change in fish abundance,

but may be due to other factors.

Otherwise, there was no apparent trend,

except that pollock abundance in

central Puget Sound in 1995 was much

larger than in other years. In 1987, 1989,

and 1991 when all Puget Sound

management regions were surveyed, the

estimated pollock biomass exceeded 975

mt, and abundance estimates exceeded

7 million fish each year.

In British Columbia waters, discrete

pollock stocks are present in Dixon

Entrance/Hecate Strait, Queen Charlotte

Sound, west coast Vancouver Island,

and the Strait of Georgia. Pollock in

Dixon Entrance/Hecate Strait are

thought to be part of a stock that

includes the southern waters of

southeast Alaska, but the relationship

with large Gulf of Alaska stocks is

unclear. It is possible that high

abundance in the Gulf of Alaska results

in movement into northern Canadian

waters (Saunders and Andrews, 1998).

During 1970-1991, when catch data

were available for Puget Sound and the

Strait of Georgia, catch patterns in the

latter area closely matched those in

Puget Sound until the late 1980s, when

catch patterns began diverging (Schmitt

et al., 1994).

A formal stock assessment for the

southeast Alaska portion of the Gulf of

Alaska has not been conducted, and

historically there has been very little

directed fishing for pollock in southeast

Alaska. However, commercial trawling

is currently banned east of 140° W, and

bottom trawl surveys indicated a

substantial reduction in pollock

abundance in this region (Dorn et al.,

1999b). Dorn et al. (1999b) noted that

bottom trawl survey data from southeast

Alaska are highly variable, partially as

a result of differences in survey

coverage among years. The 1996 and

1999 surveys had the most complete

coverage of shallow strata in southeast

Alaska and indicated that the stock size

of pollock was about 30,000 - 50,000 mt

(Dorn et al. 1999b).

As noted previously, NMFS believes

that this pollock DPS consists of

populations from Puget Sound to

southeast Alaska, at or near a boundary

of 140° W longitude. As with the Pacific

cod DPS, pollock populations in this

DPS occupy the southern extreme of the

species’ range and the agency’s risk

assessment included a greater number of

stocks than those addressed in the

petition. Data were insufficient to

quantitatively assess the extinction risks

for pollock, and the same list of

potential factors affecting cod

abundance were considered as potential

risk factors for pollock. Unlike cod,

British Columbia pollock populations

do not appear to be declining or at low

levels, although information on the

status of these stocks is very limited.

Consequently, pollock stock declines

apparent in Puget Sound do not appear

to be widespread throughout the DPS.

Therefore, NMFS concludes that the

Lower Boreal Eastern Pacific Walleye

Pollock DPS is not presently in danger

of extinction nor is it likely to become

so in the foreseeable future.

Determination

The ESA defines an endangered

species as any species in danger of

extinction throughout all or a significant

portion of its range, and a threatened

Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations 70521

species as any species likely to become

an endangered species within the

foreseeable future throughout all or a

significant portion of its range. Section

4(b)(1) of the ESA requires that the

listing determination be based solely on

the best scientific and commercial data

available, after conducting a review of

the status of the species and after taking

into account those efforts, if any, that

are being made to protect such species.

After reviewing the best available

scientific and commercial information

for these three gadids, NMFS concludes

that none of the petitioned populations

in Puget Sound by themselves constitute

‘‘species’’ under the ESA. The agency

determines that these populations

represent the southernmost stocks of

larger DPSs that qualify as species under

the ESA: (1) a Georgia Basin Pacific

hake DPS; (2) a Pacific cod DPS that

includes stocks at least as far north as

Dixon Entrance; and (3) a Lower Boreal

Eastern Pacific walleye pollock DPS.

After assessing the risk of extinction

faced by each DPS, NMFS further

determines that none of the DPSs

warrant listing as threatened or

endangered at this time. NMFS

acknowledges that the DPS and risk

assessments relied heavily upon the

professional judgement of agency

scientists since robust data sets were

generally not available for any of the

species. In particular, the agency

believes that remaining uncertainties

regarding the status and relationship of

hake stocks in the Georgia Basin DPS

warrant placing this DPS on the

agency’s list of candidate species. In the

event that new information becomes

available to resolve these uncertainties

and as agency resources permit, NMFS

will conduct a thorough re-evaluation of

this DPS.

References

A list of references is available upon

request (see ADDRESSES).

Authority: 16 U.S.C. 1531–1543 and 16

U.S.C. 1361 et seq.

Dated: November 17, 2000.

William T. Hogarth

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–30028 Filed 11–22–00; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[I.D. 110900C]

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico; Red

Grouper; Overfished Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Determination of overfished

fishery.

SUMMARY: NMFS has determined that

the Gulf of Mexico red grouper fishery

is overfished and has notified the Gulf

of Mexico Fishery Management Council

(Council) of related responsibilities

under the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act).

DATES: Effective November 24, 2000.

FOR FURTHER INFORMATION CONTACT: Phil

Steele, telephone 727-570-5305, fax 727-

570-5583, e-mail Phil.Steele@noaa.gov.

SUPPLEMENTARY INFORMATION: The Gulf

of Mexico reef fish fishery is managed

under the Fishery Management Plan for

the Reef Fish Resources of the Gulf of

Mexico (FMP). The FMP was prepared

by the Council and approved and

implemented by NMFS under the

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act. The FMP is implemented by

regulations at 50 CFR part 622.

Determination of Overfished Fishery

NMFS’ determination of the status of

a stock relative to overfishing and an

overfished condition is based on both

the removal of fish from the stock

through fishing (the exploitation rate)

and the current stock size. When the

exploitation rate jeopardizes the

capacity of a stock to produce its

maximum sustainable yield (MSY) on a

continuing basis, overfishing is

occurring. The exploitation rate (i.e.,

rate of removal of fish from a population

by fishing) is usually expressed in terms

of an instantaneous fishing mortality

rate (F).

Another important factor for

classifying the status of a resource is the

current stock level. If a stock’s biomass

falls below its minimum stock size

threshold, the capacity of the stock to

produce MSY on a continuing basis is

jeopardized and the stock is said to be

in an overfished condition.

Commercial red grouper landings in

the Gulf of Mexico are down

approximately 55 percent from the high

that the U.S. fishery reached in 1982.

Recreational landings in 1997 were the

lowest since 1981. At one of its

meetings in 1999, the Council’s Reef

Fish Stock Assessment Panel (RFSAP)

reviewed the 1999 scientific assessment

of the red grouper stock conducted by

the NMFS Southeast Fisheries Science

Center (SEFSC). The RFSAP concurred

with the assessment’s findings that the

stock is overfished and is undergoing

overfishing. Subsequent SEFSC analyses

of the stock confirm that it is overfished

and undergoing overfishing as discussed

below.

The stock assessment conducted by

the RFSAP used two different scientific

models (a surplus-production model

and the Age Structured Assessment

Program (ASAP)) to evaluate the current

condition of the red grouper stock. Both

models indicated that the red grouper

stock is overfished and that overfishing

is occurring. The surplus production

model results showed that in 1997 the

red grouper biomass was approximately

20 percent of the biomass expected at

MSY, and that F in 1997 was

approximately two times that needed to

produce MSY. Absolute estimates of

MSY were approximately 11 to 12

million lb (5.0 to 5.5 million kg). The

ASAP model showed that the best

estimate for MSY was 8.4 million lb (3.8

million kg), which is achieved at an F

of 0.27 per year. The spawning stock

biomass at MSY was estimated to be 563

million lb (255 million kg). The

estimated F and spawning stock

biomass in 1997 was 0.88 per year and

144 million lb (65 million kg),

respectively. Thus, the 1997 estimated

stock biomass was 26 percent of its

estimated biomass at MSY.

Both models showed an increase in F

in recent years. With decreased catch,

this implies a reduced abundance of red

grouper. Estimated F has doubled since

the late 1970’s and has increased from

an average of 0.3 in 1986 to 0.5 in 1997.

Estimates of spawning stock biomass

and recruitment have declined since at

least 1985. In all model simulations, the

red grouper stock is overfished, and

overfishing is still occurring.

At the RFSAP’s August 2000 meeting,

four additional sensitivity analyses of

red grouper stock status were requested.

The results of these analyses, conducted

by the SEFSC, again confirmed the

overfished status of the Gulf of Mexico

red grouper stock.

Section 304(e) of the MagnusonStevens Fishery Conservation and

Management Act requires that within 1

year of being notified of the