[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Notices]
[Page 28422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12054]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XX57


Fisheries of the Pacific Region; Western Pacific Region

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

ACTION: Notification of determination of overfishing or an overfished 
condition.

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SUMMARY: This action serves as a notice that NMFS, on behalf of the 
Secretary of Commerce (Secretary), has determined that Pacific bluefin 
tuna, (Thunnus orientalis) which is jointly managed by the Pacific 
Fishery Management Council (Pacific Council) and the Western Pacific 
Fishery Management Council (Western Pacific Fishery Management Council 
(Western Pacific Council), is subject to overfishing.
    NMFS notifies the appropriate fishery management council (Council) 
whenever it determines that; overfishing is occurring, a stock is in an 
overfished condition, or a stock is approaching an overfished 
condition.

FOR FURTHER INFORMATION CONTACT: Mark Nelson, (301) 713-2341.

SUPPLEMENTARY INFORMATION: Pursuant to sections 304(e)(2) and (e)(7) of 
the Magnuson-Stevens Fishery Conservation and Management Act (MSA), 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 Councils 
whenever it determines; a stock or stock complex is approaching an 
overfished condition, a stock or stock complex is overfished, or 
existing action taken to prevent previously identified overfishing or 
rebuilding a previously identified overfished stock or stock complex 
has not resulted in adequate progress. NMFS also notifies Councils when 
it determines a stock or stock complex is subject to overfishing.
    On April 7, 2011, NMFS informed both the Pacific Council and the 
Western Pacific Council that the Southwest Fisheries Science Center had 
found that overfishing is occurring on Pacific bluefin tuna. However, 
their analysis found that the stock was not in an overfished condition.
    Pacific bluefin tuna is considered to be a single North Pacific-
wide stock. Its conservation and management are the responsibility of 
the Western and Central Pacific Fisheries Commission and the Inter-
American Tropical Tuna Commission. The United States is a member of 
both regional fishery management organizations. Although both regional 
fisheries management organizations have internationally agreed upon 
management measures in place for bluefin tuna, these measures are 
inadequate to end overfishing for the purposes of the MSA and its 
implementing regulations. Therefore, the Councils are not required to 
prepare an FMP amendment to end overfishing, but must undertake action 
under MSA section 304(i)(2). This section requires the Council, or the 
Secretary, to develop domestic regulations to address the relative 
impact or the domestic fishing fleet; and to develop recommendations 
for the Secretary of State, and to Congress, to address international 
actions to end overfishing.

    Dated: May 11, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-12054 Filed 5-16-11; 8:45 am]
BILLING CODE 3510-22-P