[Federal Register Volume 63, Number 2 (Monday, January 5, 1998)]
[Notices]
[Pages 206-207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-141]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 122997A]


Magnuson-Stevens Act Provisions; Overfished Fisheries

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

ACTION: Notice of overfished fisheries.

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SUMMARY: NMFS has identified overfished stocks or stocks that are 
approaching a condition of being overfished, as 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 Regional 
Fishery Management Councils (Councils) have been informed of those 
fisheries that are overfished and directed to initiate action to end 
overfishing and rebuild stocks, in the case of overfished fisheries, 
and to prevent overfishing in fisheries that are approaching an 
overfished condition.

ADDRESSES: Copies of the Report on the Status of Fisheries of the 
United States may be obtained from George H. Darcy, Domestic Fisheries 
Division, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. A copy 
of the report is also available through the internet at <<<a href="http://
">http://
</a>kingfish.ssp.NMFS.gov/SFA>>.

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 the 
Secretary of Commerce (Secretary) report annually to the Congress and 
the Councils on the status of fisheries within each Council's 
geographical area of authority and identify those fisheries that are 
overfished or are approaching a condition of being overfished. For 
those fisheries managed under a Fishery Management Plan (FMP) or 
international agreement, the status is to be determined using the 
criteria for overfishing specified in such FMP or agreement. A fishery 
is classified as approaching a condition of being overfished if, based 
on trends in fishing effort, fishery resource size, and other 
appropriate factors, the Secretary estimates that the fishery will 
become overfished within 2 years. Pursuant to section 304 of the 
Magnuson-Stevens Act, the Councils were notified by letter on September 
30, 1997, of the species that were overfished or approaching an 
overfished condition, as follows:
    Dear Council Chairman:
    Enclosed is the Report on the Status of Fisheries of the United 
States, prepared pursuant to section 304 of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), as 
amended by the Sustainable Fisheries Act on October 11, 1996. This 
report identifies 76 overfished stocks and 10 stocks that are 
approaching an overfished condition that are covered by fishery 
management plans (FMPs). By September 30, 1998, each Council is 
required to develop measures to end overfishing and rebuild stocks that 
are overfished, and to prevent overfishing from occurring for stocks 
that are approaching an overfished condition, for those species covered 
by FMPs under its management authority. There are also 10 stocks 
identified in this report as overfished that are not covered by an FMP. 
Each Council is also required to develop measures to end overfishing 
and rebuild those stocks within its geographical area of authority, in 
the same timeframe. Rebuilding programs must be as short as possible, 
but not exceed 10 years, except in cases where the biology of the stock 
of fish, other environmental conditions, or management measures under 
an international agreement in which the United States participates 
dictate otherwise.
    The proposed national standard guidelines were published on August 
4, 1997, and final guidelines are imminent. The revisions to the 
national standard 1 guidelines will require that the overfishing 
definitions contained in each FMP be examined on the basis of their 
ability to ensure stock levels that can produce maximum sustainable 
yield (MSY) on a continuing basis. Most existing overfishing 
definitions will require an amendment to bring them into conformance 
with the Magnuson-Stevens Act and the national standard guidelines. It 
is likely that, as the overfishing definitions contained in the FMPs 
are amended to comply with the new guidelines, many of the species that

[[Page 207]]

are now classified as ``not overfished'' on the basis of existing 
overfishing definitions will ultimately be reassessed as 
``overfished.'' Consequently, this list represents a minimum number of 
overfished fisheries of the United States and probably understates the 
number of fisheries that will eventually be determined to be 
overfished.
    If you have any questions, please do not hesitate to contact me.
    Sincerely,
    Rolland A. Schmitten, Assistant Administrator for Fisheries

    Dated: December 29, 1997.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-141 Filed 1-2-98; 8:45 am]
BILLING CODE 3510-22-F