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

70522 Federal Register / Vol. 65, No. 227 / Friday, November 24, 2000 / Rules and Regulations

identification of a stock as being

overfished, the affected Regional

Fishery Management Council must

develop measures to end overfishing

and rebuild the stock. On October 13,

2000, the Acting Regional

Administrator, NMFS Southeast Region,

notified the Council of the overfished

status of the Gulf of Mexico red grouper

and requested that the Council take

appropriate action. The letter to the

Council reads as follows:

October 13, 2000

Ms. Kay Williams, Chairperson

Gulf of Mexico Fishery Management

Council

3018 U.S. Highway 301, Suite 1000

Tampa, Florida 33619

Dear Kay,

This is to inform the Council that, based

upon the best available scientific

information, the National Marine Fisheries

Service (NMFS) has determined that the Gulf

of Mexico red grouper stock is overfished and

undergoing overfishing. This determination

is based on the 1999 red grouper stock

assessment and subsequent analyses by the

Southeast Fisheries Science Center

completed at the request of the Reef Fish

Stock Assessment Panel (enclosed). These

most recent analyses indicate that the stock

is overfished and undergoing overfishing. I

do not anticipate that any additional reanalysis of these data will alter this

determination. Furthermore, the recent peer

review of the 1999 red grouper assessment by

the Center for Independent Experts

concluded that the assessment contained

sufficient information upon which to base

management decisions. The conclusions of

this peer review have already been provided

to the Council and the Reef Fish Stock

Assessment Panel (RFSAP).

The reference points for overfishing and

overfished currently in the Fishery

Management Plan for the Reef Fish Resources

of the Gulf of Mexico are based only on

fishing mortality rates expressed as spawning

potential ratios (overfishing: 30% static SPR;

overfished: 20% transitional SPR). These

reference points are not fully compliant with

the national standard guidelines because they

do not include a component based on stock

size and, thus, are not an adequate basis for

determination of stock status. The national

guidelines require specification of a

minimum stock size threshold (MSST) and a

maximum fishing mortality threshold

(MFMT). Each of the assessment scenarios

provided to the Council includes estimates of

these status determination criteria as well as

an estimate of MSY.

The Magnuson-Stevens Fishery

Conservation and Management Act requires

that the Council propose management

measures to initiate rebuilding of the stock

within one year of the determination that the

stock is overfished. The 1999 stock

assessment as well as the enclosed analyses

provide the Council and the RFSAP with a

range of assessment scenarios, including

those recommended by industry consultants.

The RFSAP will meet again in December to

provide the Council with further guidance

regarding the extent of reduction in fishing

mortality required to end overfishing and

rebuild the stock. The extent of the required

reduction is dependent on the assessment

scenario selected and the duration of the

rebuilding period. As the Council addresses

overfishing and rebuilding of the red grouper

stock, the Council must develop a plan to

rebuild the stock to the biomass at MSY and

must select specific estimates of MSY, OY,

MFMT, and MSST as part of this plan. The

information necessary to complete this task

is included in the 1999 assessment and the

enclosed material requested by the RFSAP.

I look forward to working with the Council

to develop a plan for rebuilding the red

grouper stock.

Sincerely Yours,

Joseph E. Powers, PhD.

Acting Regional Administrator

Dated: November 16, 2000.

William T. Hogarth,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–30029 Filed 11–22–00; 8:45 am]

BILLING CODE: 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 991228355-0140-02; I.D.

110700C]

Fisheries of the Northeastern United

States; Maine Mahogany Quahog

Fishery; Commercial Quota Harvested

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Commercial quota harvest;

closure.

SUMMARY: NMFS announces that the

Maine mahogany quahog commercial

quota has been harvested. Vessels

issued a commercial Federal fisheries

permit for the Maine mahogany quahog

fishery may not land Maine mahogany

quahogs in the State of Maine for the

remainder of calendar year 2000, unless

fishing for an individual allocation of

ocean quahogs under specific

regulations. Regulations governing the

Maine mahogany quahog fishery require

publication of this notification to advise

the public that the quota has been

harvested and to notify vessel and

dealer permit holders that no

commercial quota is available for

landing Maine mahogany quahogs.

DATES: Effective from 0001 hours,

November 25, 2000, through 2400

hours, December 31, 2000.

FOR FURTHER INFORMATION CONTACT:

Allison Ferreira, Fishery Management

Specialist, (978)281-9103.

SUPPLEMENTARY INFORMATION:

Regulations governing the Maine

mahogany fishery are found at 50 CFR

part 648. The annual quota of Maine

Mahogany quahogs is 100,000 Maine

bushels (35,150 hL) for 2000.

Section 648.76(b)(1)(iv) requires the

Administrator, Northeast Region, NMFS

(Regional Administrator) to monitor the

Maine mahogany quahog quota based on

dealer reports and other available

information and determine when the

quota will be harvested. The Regional

Administrator is further required to

publish notification in the Federal

Register advising the public and

notifying Federal vessel and dealer

permit holders that, effective on a

specific date, the commercial quota for

Maine mahogany quahogs has been

harvested and no commercial quota is

available for landing Maine mahogany

quahogs for the remainder of the year.

The Regional Administrator has

determined, based upon dealer reports

and other available information, that the

commercial Maine mahogany quahog

quota for 2000 has been harvested.

Therefore, effective 0001 hours,

November 25, 2000, further landings of

Maine mahogany quahogs in Maine by

vessels issued a Maine mahogany

quahog permit and not fishing for an

individual allocation of ocean quahogs

under § 648.70 are prohibited for the

remainder of the 2000 calendar year.

Effective 0001 hours, November 25,

2000, federally permitted dealers are

also advised that they may not purchase

Maine mahogany quahogs landed in

Maine for the remainder of the calendar

year from federally permitted vessels,

unless they are fishing for an individual

allocation of ocean quahogs.

The Maine mahogany quahog zone as

defined in § 648.73(d), is closed to

fishing for ocean quahogs except in

those areas that are tested by the State

of Maine and deemed to be within the

requirements of the National Shellfish

Sanitation Program and adopted by the

Interstate Shellfish Sanitation

Conference as acceptable limits for the

toxin responsible for paralytic shellfish

poisoning. Harvesting of ocean quahogs

is allowed only in the areas and during

the time periods specified by the Maine

Department of Marine Resources as

being safe for human consumption.

The regulations at § 648.76(a)(2)

specify that vessels fishing under an

ocean quahog individual allocation,

regardless of whether they possess a

Maine mahogany quahog permit, may

land their catch in Maine or, consistent

with applicable state law, in any other

state that utilizes food safety-based

procedures consistent with those used

by the State of Maine for such purpose,