[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Page 41033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16510]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC399
Fisheries of the Northeast Region, Southeast Region, North
Pacific Region, Pacific Region; Western Pacific Region
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of a 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 the following
stocks are subject to overfishing or are in an overfished state:
Georges Bank (GB) yellowtail flounder is subject to overfishing and
continues to be in an overfished condition; Bering Sea and Aleutian
Islands (BSAI) octopus complex was determined to be subject to
overfishing; both North Pacific Pribilof Islands blue king crab, and
South Atlantic red porgy were found to be in an overfished condition;
Pacific bluefin tuna (Thunnus orientalis), which is jointly managed by
the Pacific Fisheries Management Council and the Western Pacific
Fisheries Management Council, continues to be subject to overfishing
and is now in an overfished condition.
NMFS, on behalf of the Secretary, notifies the appropriate fishery
management council (Council) whenever it determines that overfishing is
occurring, a stock is in an overfished condition, a stock is
approaching an overfished condition, or when a rebuilding plan has not
resulted in adequate progress toward ending overfishing and rebuilding
affected fish stocks.
FOR FURTHER INFORMATION CONTACT: Mark Nelson, (301) 427-8565.
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,
must notify Councils whenever it determines that a stock or stock
complex is: overfished; approaching an overfished condition; or an
existing rebuilding plan has not ended overfishing or resulted in
adequate rebuilding progress. NMFS also notifies Councils when it
determines a stock or stock complex is subject to overfishing. Section
304(e)(2) further requires NMFS to publish these notices in the Federal
Register.
On December 4, 2012, NMFS informed the New England Fishery
Management Council that the latest stock assessment for Georges Bank
yellowtail flounder overfishing was occurring, and the stock remains in
an overfished condition.
On December 5, 2012, at the North Pacific Fishery Management
Council meeting, NMFS reported to the Council that the catch of the
BSAI octopus complex exceeded the overfishing limit (OFL) for the 2011
fishing year, therefore the stock was determined to be subject to
overfishing.
On January 24, 2013, NMFS also notified the North Pacific Fishery
Management Council that the latest assessment has found that Pribilof
Islands blue king crab remains in an overfished condition, even though
fishing mortality has been limited to levels well below OFL.
Unfavorable environmental conditions, resulting in poor recruitment,
are thought to be a large factor in the stock's decline.
NMFS informed the South Atlantic Fishery Management Council of the
status of red porgy at their December 2012 Council meeting. At this
meeting NMFS scientists presented the results from the latest stock
assessment showing that red porgy remains in an overfished condition
but is no longer experiencing overfishing.
On April 8, 2013, NMFS informed both the Pacific Fishery Management
Council and Western Pacific Fishery Management Council that the latest
assessment of Pacific bluefin tuna conducted by the International
Scientific Committee for Tuna and Tuna-Like Species in the North
Pacific Ocean (ISC) concluded that the stock is still experiencing
overfishing and is now in an overfished condition. The Southwest
Fisheries Science Center affirmed that the ISC stock assessment was the
best available science.
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 Pacific bluefin tuna, these measures
are inadequate to end overfishing. NMFS has determined that Section
304(i) of the Magnuson-Stevens Fishery Conservation and Management Act
(MSA) applies because: (i) The overfished and overfishing condition of
Pacific bluefin is due to excessive international fishing pressure and
(ii) the IATTC and WCPFC have inadequate measures in place to correct
the problem. 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 and rebuild Pacific bluefin tuna.
Dated: July 2, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2013-16510 Filed 7-8-13; 8:45 am]
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