Fishery conservation and management: Magnuson Act provisions— Spiny dogfish; overfished fishery,

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Federal Register: April 10, 1998 (Volume 63, Number 69)NoticesPage 17820-17821From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr10ap98-41

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

I.D. 032598CMagnuson-Stevens Act Provisions; Overfished Fishery for Spiny Dogfish

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

ACTION: Notification of an overfished fishery.

SUMMARY: In September 1997, NMFS identified overfished stocks or stocks that are approaching an overfished condition, as required by the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). As a result of a stock assessment completed since the identification of these fisheries, an additional stock, spiny dogfish (Squalus acanthias), has been identified as overfished. The intent of this action is to notify interested persons that the spiny dogfish stock is being added to the list of overfished stocks.

FOR FURTHER INFORMATION CONTACT: Mary Tokarcik, NMFS, 978-281- 9326.

SUPPLEMENTARY INFORMATION: Section 304(e) of the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.) requires that the Secretary of Commerce (Secretary) report annually to Congress and the Regional Fishery Management 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. The Councils were notified by letter on September 30, 1997, of the stocks that were overfished or approaching an overfished condition based on information available at that time. Since that time, an additional stock has been determined to be overfished. The 26th Northeast Regional Stock Assessment Workshop assessed the current status of the spiny dogfish resource. This assessment concluded that reproductive biomass and recruitment have declined due to high fishing mortality on mature females. Minimum biomass estimates of mature females have decreased by nearly 50 percent since 1990. Harvest rates of spiny dogfish have exceeded the replacement level of the stock and recruitment has declined. The stock is overexploited. Spiny dogfish are distributed in the Northwest Atlantic between Labrador and Florida and are most abundant between Nova Scotia and Cape Hatteras. Seasonal migrations occur northward in spring/summer and southward in autumn/winter.

Section 304(e) of the Magnuson-Stevens Act requires that, within 1 year of being notified of the identification of a stock as being overfished, the Councils develop measures to end overfishing and to rebuild the stock. On April 3, 1998, the Mid- Atlantic and New England Fishery Management Councils, which share joint management responsibilities for spiny dogfish, were notified of the overfished status of this stock. The letter to these Councils reads as follows:

Dear Council Chair:

In September of 1997, you received a copy of 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.

Since your receipt of that report, an additional stock has been identified as being overfished. In January 1998, the 26th Northeast Regional Stock Assessment Workshop determined that spiny dogfish are over- exploited. This assessment concluded that mean lengths of spiny dogfish are declining rapidly, minimum biomass estimates of mature females have decreased by nearly 50 percent since 1990, and fishing mortality rates are well above sustainable levels. Based on this information, spiny dogfish are being added to the list of overfished stocks.

This letter serves as your official notification of the identification of spiny dogfish as an overfished species. Section 304(e) of the Magnuson-Stevens Act states that a Council will have one year from the identification of a stock as being overfished to develop measures to end overfishing and rebuild the stock. This letter initiates the 1-year period for spiny dogfish.

I am pleased that you have begun work on management measures for this fishery, as it means the time requirement will be more

[Page 17821]easily satisfied. If you have any questions, please do not hesitate to contact me.

Sincerely,

Rolland A. Schmitten

Assistant Administrator

for Fisheries

Authority: 16 U.S.C. 1801 et seq.

Dated: April 6, 1998. Bruce C. Morehead, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

FR Doc. 98-9563Filed4-9-98; 8:45 amBILLING CODE 3510-22-F

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