Magnuson-Stevens Act Provisions; Overfished Fisheries

Background

This action is required by the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.) as amended by the SFA, which was signed into law on October 11, 1996. Section 304(e) of the Magnuson-Stevens Act requires that the Secretary of Commerce (Secretary) report annually to the Congress and the 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. For those fisheries managed under a Fishery Management Plan (FMP) or international agreement, the status is to be determined using the criteria for overfishing specified in such FMP or agreement. A fishery is classified as approaching a condition of being overfished if, based on trends in fishing effort, fishery resource size, and other appropriate factors, the Secretary estimates that the fishery will become overfished within 2 years. Pursuant to section 304 of the Magnuson-Stevens Act, the Councils were notified on October 9, 1998 of the species that were overfished or approaching an overfished condition by letter as follows:

Dear Council Chairman, Enclosed is the 1998 Annual 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. This report identifies 79 overfished stocks and 10 stocks that are approaching an overfished condition that are covered by fishery management plans (FMPs). This year's report identifies 8 additional species as ``overfished.'' For each of the additional species identified as ``overfished,'' each Council is required to develop measures by October 9,1999 to end overfishing and rebuild stocks that are overfished, and to prevent overfishing from occurring for stocks that are approaching an overfished condition, for those species covered by FMPs under its management authority. There are also 11 stocks identified in this report as overfished that are not covered by an FMP. Each Council is also required to develop measures to end overfishing and rebuild those stocks within its geographical area of authority, in the same timeframe. Rebuilding programs must be as short as possible, but not exceed 10 years, except in cases where the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise. The final national standard guidelines were published on May 1, 1998, and became effective on June 1, 1998. The revisions to the national standard 1 guidelines require that the overfishing definitions contained in each FMP be examined on the basis of their ability to ensure stock levels that can produce maximum sustainable yield (MSY) on a continuing basis. If you have any questions, please do not hesitate to contact me. Sincerely, Rolland A. Schmitten Assistant Administrator for Fisheries Enclosure

A copy of the report is also available through the internet at kingfish.ssp.NMFS.gov/SFA>>.

Dated: October 15, 1998. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 98-28227 Filed 10-20-98; 8:45 am] BILLING CODE 3510-22-F