Fisheries of the Northeast Region, Southeast Region, North Pacific Region, Pacific Region; Western Pacific Region, 41033 [2013-16510]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Page 41033]
From the Federal Register Online via the Government Printing 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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