[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Page 46588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16832]



[[Page 46588]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA283]


Determination of Overfishing or an Overfished Condition

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

ACTION: Notice.

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SUMMARY: This action serves as a notice that NMFS, on behalf of the 
Secretary of Commerce (Secretary), has found that Southern Atlantic red 
porgy is now subject to overfishing and remains overfished, the Western 
and Central North Pacific Ocean (WCNPO) stock of striped marlin remains 
both subject to overfishing and overfished, and the Western and Central 
Pacific Ocean (WCPO) stock of oceanic whitetip shark is now both 
subject to overfishing and overfished. NMFS, on behalf of the 
Secretary, notifies the appropriate regional 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: Regina Spallone, (301) 427-8568.

SUPPLEMENTARY INFORMATION: Pursuant to section 304(e)(2) of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), 16 U.S.C. 1854(e)(2), NMFS, on behalf of the Secretary, 
must notify Councils, and publish in the Federal Register, whenever it 
determines that a stock or stock complex is subject to overfishing, 
overfished, or approaching an overfished condition.
    NMFS has determined that Southern Atlantic red porgy is subject to 
overfishing and remains overfished. This determination is based on the 
most recent assessment, completed in 2020, using data through 2017, 
which indicates that this stock is subject to overfishing because the 
fishing mortality is greater than the threshold and is overfished 
because the spawning stock biomass remains below the threshold. NMFS 
has notified the South Atlantic Fishery Management Council of the 
requirement to end overfishing immediately and rebuild this stock.
    NMFS has determined that the WCNPO stock of striped marlin remains 
both subject to overfishing and overfished. This determination is based 
on a 2019 assessment by the Billfish Working Group of the International 
Scientific Committee for Tuna and Tuna-like Species in the North 
Pacific Ocean, using data through 2017. Based on domestic status 
determination criteria, this stock is subject to overfishing because 
the fishing mortality rate is greater than the threshold and is 
overfished because the spawning biomass ratio remains below the 
threshold. NMFS has determined that section 304(i) of the Magnuson-
Stevens Act applies because the overfishing of the WCNPO stock of 
striped marlin is due largely to excessive international fishing 
pressure, and because it has not been determined that management 
measures adopted by the Western and Central Pacific Fisheries 
Commission (WCPFC) will end overfishing and rebuild the stock. NMFS has 
informed the Western Pacific Fishery Management Council (Western 
Pacific Council) of its obligations for domestic and international 
management under Magnuson-Stevens Act section 304(i) to address 
domestic and international impacts.
    NMFS has determined that the WCPO stock of oceanic whitetip shark 
is now both subject to overfishing and overfished. This determination 
is based on a 2019 assessment by the Shark Working Group of the WCPFC, 
using data through 2016. Based on domestic status determination 
criteria, this stock is subject to overfishing because the fishing 
mortality is greater than the threshold and is overfished because the 
spawning biomass is below the threshold. NMFS has determined that 
section 304(i) of the Magnuson-Stevens Act applies because the 
overfishing of the WCPO stock of oceanic whitetip shark is due largely 
to excessive international fishing pressure, and because it has not 
been determined that management measures adopted by the WCPFC will end 
overfishing and rebuild the stock. NMFS has informed the Western 
Pacific Council of its obligations for domestic and international 
management under Magnuson-Stevens Act section 304(i) to address 
domestic and international impacts.

    Dated: July 29, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable FisheriesNational Marine 
Fisheries Service.
[FR Doc. 2020-16832 Filed 7-31-20; 8:45 am]
BILLING CODE 3510-22-P