[Federal Register Volume 73, Number 165 (Monday, August 25, 2008)]
[Notices]
[Pages 49994-49995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19666]


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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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