[Federal Register Volume 67, Number 223 (Tuesday, November 19, 2002)]
[Proposed Rules]
[Pages 69704-69708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29356]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 223 and 224
[I.D. 111302C]
Endangered and Threatened Wildlife and Plants; 12-Month Finding
on a Petition To List Bocaccio as Threatened
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of petition finding and availability of a status
review document.
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SUMMARY: NMFS announces a 12-month finding on a petition to list the
southern population of bocaccio (Sebastes paucispinis) as a threatened
species and to designate critical habitat under the Endangered Species
Act (ESA). Based on a review of the best scientific and commercial
information on the status of the species, and on the recent actions
adopted by the Pacific Fishery Management Council, NMFS finds that
listing the southern population of bocaccio is not warranted at this
time.
DATES: The finding announced in this document was made on November 14,
2002.
ADDRESSES: The bocaccio status review and accompanying stock assessment
and rebuilding analysis are available electronically at the NMFS Web
site at http://www.nmfs.noaa.gov. Paper copies of the status review and
a list of references are available by submitting requests to Cathy
Campbell, Protected Resources Division, NMFS, 501 W. Ocean Blvd., Suite
4200, Long Beach, CA 90802-4213. The status review, along with the
accompanying stock assessment and rebuilding analysis, are the basis
for the following discussions, except where other references are noted.
FOR FURTHER INFORMATION CONTACT: Cathy Campbell, NMFS, Southwest
Region, Protected Resources Division, (562) 980-4060 or David O'Brien,
NMFS Office of Protected Resources, 301-713-1401.
SUPPLEMENTARY INFORMATION:
Background
On January 30, 2001, NMFS received a petition from the Natural
Resources Defense Council, Center for Biological Diversity, and Center
for Marine Conservation (now known as The Ocean Conservancy) to list
the central/southern distinct population segment (DPS) of bocaccio
(Sebastes paucispinis) or, in the alternative, to list bocaccio
throughout its entire range as threatened under the ESA. The petition
also requested that NMFS designate critical habitat for bocaccio. The
petitioners contend that bocaccio have suffered precipitous population
declines over the last several decades and that these population
declines threaten bocaccio with extinction and compromise its ability
to recover. The petitioners identified overutilization, specifically
the direct and indirect harvest of bocaccio in groundfish fisheries, as
the primary cause of bocaccio's decline. The petitioners identified
other factors contributing to the status of bocaccio including
inadequate regulatory mechanisms and habitat modification due to the
effects of bottom trawling gear, pollution of nearshore juvenile
habitat, and shifts in oceanographic conditions.
In reviewing the petition, NMFS also reviewed stock assessments,
fishery independent and dependent data and other reports prepared prior
to and from the time that bocaccio and other Pacific rockfish species
came under Federal management. On June 14, 2001, NMFS published its
determination (66 FR 32304) that the petition presented substantial
scientific and commercial information indicating that listing may be
warranted, and announced the initiation of a formal status review as
required by section 4(b)(3)(A) of the ESA. To ensure a comprehensive
review, NMFS concurrently solicited additional information and comment
from the public on historical abundance, current abundance, factors
contributing to population declines, sources of mortality, habitat use,
habitat condition, factors affecting habitat condition, and
distinctness of the southern population. In addition, NMFS solicited
information regarding the adequacy of bocaccio conservation efforts and
on areas that may qualify for critical habitat for bocaccio.
In response to the 90-day petition finding, NMFS received one
public comment. The comment focused on the inadequacy of existing
regulatory measures and, in particular, the underestimate of discards
of bocaccio and the authorization of continued overfishing.
[[Page 69705]]
NMFS Southwest Fisheries Science Center staff prepared a
comprehensive status review for the southern stock of bocaccio. This
document summarizes the results of the status review. Copies of the
status review are available on the internet or upon request (see
ADDRESSES).
Life History
Bocaccio is a common rockfish, belonging to the genus Sebastes.
Bocaccio are found in coastal waters of the Pacific Ocean, ranging from
Baja California, Mexico to Alaska. Adults have been found at depths of
40-1578 ft. (12-481 m), but are most abundant at 165-825 ft. (50-251
m). Adults are often found in association with rocky areas. Larvae and
small juveniles are pelagic and are commonly found in the upper 300 ft.
(91 m) of the water column.
Bocaccio generally copulate in the late summer to early fall, and
females bear their young live in the winter months. Off California,
some bocaccio produce multiple broods in one season (Moser 1967).
Larvae and early juveniles are pelagic until early June, when they move
toward the shore and settle to the bottom where they develop as
juveniles. Juvenile bocaccio (age 3 to 6 months) sometimes form dense
schools in the nearshore area and are often found under drifting kelp
mats.
Juvenile bocaccio grow rapidly, but typically take five years to
mature. Based on the oldest fish that have been seen, bocaccio may live
up to 40 years. The mean generation time (the average time required for
offspring to replace the parents) is 12 years.
Bocaccio eat a variety of fish. Bocaccio are prey to larger
organisms, including marine mammals, and juvenile bocaccio can at times
provide a significant component of seabird diets.
Bocaccio recruitment (the addition of young fish to a population)
is highly variable. Successful reproduction, where production of
offspring offsets natural loss of adults, has occurred in only 26
percent of years. No large recruitments have occurred since 1978.
Because of this highly variable recruitment pattern, abundance
naturally fluctuates greatly.
Consideration as a ``Species'' Under the ESA
The ESA defines species as ``any subspecies of fish or wildlife or
plants and any distinct population segment of any species of vertebrate
fish or wildlife that interbreeds when mature.'' This definition allows
for the recognition of distinct population segments at levels below
taxonomically recognized species or subspecies. On February 7, 1996,
the U.S. Fish and Wildlife (FWS) and NMFS adopted a joint policy to
clarify their interpretation of the phrase ``distinct population
segment (DPS)'' for the purposes of listing, delisting, and
reclassifying species under the ESA (61 FR 4722). The joint policy
identifies two criteria that must be met for a population segment to be
considered a DPS under the ESA: (1) The discreteness of the population
segment in relation to the remainder of the species (or subspecies) to
which it belongs; and (2) the significance of the population segment to
the species or subspecies to which it belongs.
Discreteness
According to the joint policy, a population segment of a vertebrate
species may be considered discrete if it satisfies either one of the
following conditions: (1) It is markedly separated from other
populations of the same taxon as a consequence of physical,
physiological, ecological, or behavioral factors; or (2) it is
delimited by international governmental boundaries within which
differences in control of exploitation, management of habitat,
conservation status, or regulatory mechanisms exist that are
significant in light of section 4(a)(1)(D) of the ESA.
Bocaccio are geographically separated into northern and southern
populations divided by an area of scarcity off of Northern California
and southern Oregon. Genetic analysis of the northern and southern
populations indicates that there is a 90 percent probability that they
are genetically distinct from each other. Thus, these segments can be
considered discrete segments under the DPS policy.
The southern bocaccio segment extends into Mexican waters, where
regulatory mechanisms differ from those in the United States. As a
result, the Mexican portion of bocaccio's range could be considered
discrete and, if also found to be ``significant,'' it could be a DPS.
However, as stated below, the Mexican population of bocaccio is not
considered significant and therefore not a separate DPS, but a
component of the southern DPS.
Significance
The DPS policy identifies several factors that may be considered in
determining the significance of a discrete population segment to the
taxon to which it belongs. These considerations include, but are not
limited to: (1) persistence of the discrete population segment in an
ecological setting unusual or unique for the taxon; (2) evidence that
loss of the DPS would result in a significant gap in the range of a
taxon; (3) evidence that the DPS represents the only surviving natural
occurrence of a taxon; or (4) evidence that the discrete population
segment differs markedly from other populations of the species in its
genetic characteristics.
As noted above, genetic analysis indicates that there is a 90-
percent probability that the northern and southern population segments
are genetically distinct. In addition, the loss of either population
segment would result in a significant gap in the range of the taxon. As
a result, both the northern and southern population segments would be
considered significant under the DPS policy.
A rough estimate indicates that approximately 10 percent of total
bocaccio abundance occurs in Mexican waters. Thus, despite the fact
that regulatory mechanisms and bocaccio catches in Mexico could
influence the conservation status of bocaccio in the United States,
that influence is presumably small given the relative sizes of the
stock segments. As a result, the portion of the southern bocaccio range
in Mexican waters is not significant and is not considered a separate
DPS, but a part of the southern population.
The northern and southern bocaccio population segments are both the
discrete and significant as defined in the joint DPS policy. Thus, NMFS
is recognizing a northern DPS and a southern DPS for bocaccio. This is
consistent with the current NMFS and Council management of bocaccio,
which recognize two separate West coast bocaccio populations. The
remainder of this document will primarily address the southern stock as
a DPS, since this was the subject of the petition.
Abundance
The current abundance of the southern bocaccio stock is estimated
to be 3000 metric tons (mt) or approximately 1.6 million fish (of age 1
and older).
Spawning potential or output, which is the number of spawn that the
population is capable of producing, is used as a measure of abundance
for bocaccio. This measure accounts for both numerical abundance and
the effects of age structure and maturation, where older individuals
are disproportionally more fecund. The current spawning output of the
stock is 720 billion eggs, and the estimated spawning output in the
absence of fishing is 19,849 billion eggs (coefficient of variation
(CV) of 31 percent). Thus, the current spawning output is 3.6
[[Page 69706]]
percent of the estimated unfished abundance.
The abundance of bocaccio naturally fluctuates greatly, due to
rare, large recruitment events. Between 1951 and 1969, abundance
fluctuated between 26 percent (in 1960-61) and 95 percent (1969) of the
estimated average unfished level. Since 1969, there has been a gradual
decline in abundance to its current level of 3.6 percent of estimated
unfished abundance.
Fishery Management
Bocaccio have been an important component of commercial and
recreational catches off California for several decades. The estimated
catch of bocaccio in 1950 was approximately 5000 mt. Landings of
bocaccio in California gradually increased over the next 20 years,
reaching a maximum annual harvest level of almost 12,000 mt in the mid-
1970s.
In 1982, the Pacific Fishery Management Council (Council) completed
its fishery management plan (FMP) for west coast groundfish, including
bocaccio. The Council is one of eight regional fishery management
councils established by the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) to prepare fishery management
plans for U.S. fisheries in need of federal management. The Council's
area of responsibility covers fisheries off California, Oregon, and
Washington.
During the early 1980's, under the FMP, the allowable annual
harvest of bocaccio was approximately 6,000 mt. After a 1990 bocaccio
stock assessment showed a decline, NMFS established a harvest guideline
of 1,100 mt for 1991-1992. During these two years, actual harvest
exceeded the harvest guideline by 300-500 mt.
NMFS increased the allowable catch of bocaccio to 1,540 mt in 1992
and to 1,700 mt in 1995. Actual landings during the mid-1990's were
significantly less than the allowable catch, however, with 864 mt and
599 mt harvested in 1995 and 1996 respectively. A 1996 stock assessment
then indicated that bocaccio were in severe decline, which could
account for the low harvests in 1995 and 1996.
Until the mid-1990s, NMFS believed that bocaccio were capable of
withstanding an exploitation rate that was commonly applied in
fisheries worldwide. This fishing rate of F(0.35; read as ``F-35
percent'') reduces the expected average lifetime reproductive output of
a fish to 35 percent of the output it would achieve under natural
unfished conditions. Recognizing that rockfish stocks were continuing
to decline at this exploitation level, NMFS recommended the more
conservative rockfish harvest policy of F(0.40) in 1998 and adopted an
allowable catch of 230 mt for 1998 and 1999.
In 1999, the bocaccio resource was formally declared overfished by
the Secretary of Commerce, in accordance with the Magnuson-Stevens Act.
Following this declaration, NMFS adopted a rebuilding policy based on
the 1999 stock assessment and a rebuilding analysis (MacCall, 1999).
The rebuilding analysis indicated that rebuilding of bocaccio would
take 37 years if the annual harvest was limited to 100 mt. NMFS set the
optimum yield (OY) at 100 mt for 2000-2002 and, in 2001, adopted a more
conservative rockfish harvest policy of F(0.50). The actual levels of
harvest in 2000 and 2001 exceeded the OY, with 233 mt taken in 2000 and
214 mt taken in 2001. In response to indications that the harvest
levels for 2002 were nearing the OY level too early in the year, NMFS
implemented additional fishery restrictions in July 2002 to minimize
further 2002 catch of bocaccio.
A new 2002 stock assessment confirmed that the southern stock was
in severe decline. The Council reviewed the accompanying rebuilding
analysis at its September 2002 meeting and has proposed an even lower
fishing rate which would allow a harvest of not more than 20 mt in
2003. Based on the rebuilding analysis, this harvest rate would provide
an 80-percent probability that the stock would not decline in 100
years.
In establishing the harvest levels for 2002 and 2003, the Council
incorporated new information available on the bycatch rates of bocaccio
in the commercial trawl fishery. As a result of recent litigation, NMFS
and the Council reviewed historic bycatch rates and discard assumptions
and re-evaluated their approach to estimating discards in the trawl
fishery. The result was a model developed by Hastie (Hastie, 2001) that
estimates the co-occurrence rate of overfished groundfish species,
including bocaccio, relative to the landings of key target groundfish
species. Using this model, the Council was able to estimate the level
of discards of bocaccio that can be expected for a given groundfish
harvest in the trawl fishery. This model enables the Council to fully
evaluate the impacts of management measures and protects against the
adoption of management measures that may increase the level of bocaccio
bycatch.
Summary of Factors Affecting the Species
The ESA defines an endangered species as ``any species which is in
danger of extinction throughout all or a significant portion of its
range.'' A threatened species is defined as ``any species which is
likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range.'' Under section
4(a)(1) of the ESA, a species can be determined to be endangered or
threatened due to one or more of the following factors: (1) The present
or threatened destruction, modification, or curtailment of its habitat
or range; (2) overutilization for commercial, recreational, scientific,
or educational purposes; (3) disease or predation; (4) the inadequacy
of existing regulatory mechanisms; or (5) other natural or manmade
factors affecting its continued existence. Listing determinations are
made solely on the best scientific and commercial data available, after
conducting a review of the status of the species and taking into
account efforts made by any state or nation to protect such species.
These factors and their application to the southern stock of bocaccio
are described below.
(1) The Present or Threatened Destruction, Modification, or Curtailment
of Habitat or Range
Adult bocaccio are primarily found in rocky habitat. This habitat
has likely been degraded by large commercial trawling operations, but
there is little information regarding the level of habitat loss. Since
this type of trawling has now been excluded from primary bocaccio
habitat, it is expected that the future threats to rocky bottom habitat
are minimal.
Little information is available on the habitat requirements of
juvenile bocaccio. While kelp and eelgrass are utilized by larvae and
juvenile bocaccio, there is no information to indicate that this
habitat is critical to the survival of bocaccio or that any reduction
in kelp or eelgrass has had a significant impact on bocaccio.
Bocaccio have not been observed to have any significant reduction
in their range.
(2) Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Bocaccio have been overutilize for the last several decades. A
combination of overutilization and poor recruitment have resulted in a
severe decline of the southern bocaccio stock to 3.6 percent of their
estimated pre-exploitation level.
[[Page 69707]]
Although historical overutilization has been the primary cause of
bocaccio's decline, recent conservation measures have drastically
reduced fishing effort in times and areas where bocaccio occur and are
expected to allow the stock to recover. As a result, under new
management measures, overutilization is not expected to place the
bocaccio stock at risk of becoming endangered in the foreseeable
future. See further discussion under ``Conservation Factors'' below.
(3) Disease or Predation
Bocaccio are prey to larger organisms, including marine mammals,
and juvenile bocaccio can at times provide a significant component of
seabird diets. This predation is not considered significant and is not
likely to threaten the survival of the stock. There are no known
threats of disease for bocaccio.
(4) The Inadequacy of Existing Regulatory Mechanisms
Previous fishery management measures have been inadequate to
protect bocaccio, and the southern stock of bocaccio has been heavily
overutilized during the entire period of Council management. However
the Council has taken strict measures over the past few years to
promote bocaccio recovery, and NMFS believes that the Council's most
recent proposed measures, adopted in September 2002, will ensure that
the southern stock of bocaccio will not become endangered within the
foreseeable future. See further discussion under ``Conservation
Factors'' below.
(5) Other Natural or Manmade Factors Affecting its Continued Existence
Long-term ocean climate patterns appear to have a strong influence
on the frequency of large recruitments of southern bocaccio. The
protracted and extremely warm ocean conditions of the 1990s was
associated with poor reproduction of most rockfish species, including
bocaccio, and undoubtedly contributed to the decline in abundance.
Although this relationship cannot yet be quantified, the cooler ocean
since 1998 is similar to the cool conditions of the 1960s and early
70s, and may be associated with better bocaccio recruitment. Although
the specific impacts are uncertain, it is probable that ocean-climate
patterns will continue to affect the recruitment of bocaccio.
Juvenile bocaccio have been documented in the intake of power
plants along the California coast. In fact, power plant intakes have
provided useful indices of rockfish recruitment. However, the level of
mortality of juvenile bocaccio from power plant intake is very low and
is not expected to impact the survival of bocaccio.
Conservation Factors
Previous fishery management measures have been inadequate to
protect bocaccio, and the southern stock of bocaccio has been heavily
overutilized during the entire period of Federal management. However,
NMFS has adopted increasingly more restrictive measures over the past
few years to promote bocaccio recovery, and NMFS believes that the
Council's most recent proposed measures, adopted in September 2002,
will ensure that the southern stock of bocaccio will not become
endangered within the foreseeable future.
In 1999, the bocaccio resource was formally declared overfished.
The 1999 NMFS bocaccio stock assessment and rebuilding analysis
indicated a rebuilding time of 37 years, based on a harvest rate of 100
mt per year. Based on this stock assessment, NMFS adopted a rebuilding
policy in 2000 that set the catch at 100 mt for 2000-2002. This
rebuilding policy was strongly influenced by the assumed strength of
the 1999 yearclass, based on unusually high intake levels at certain
power plants. The 100-mt harvest rate was a significant restriction
from previous catch limits, which were as high as 1,700 mt in 1996.
During the first 2 years of implementation of the 100 mt catch limit,
the Council struggled to track catches on a real-time basis so it could
recommend effective means to restrict the catch of bocaccio, which co-
occur with many other species. This was not possible, however, and the
catch limit of 100 mt was exceeded in both 2000 and 2001. In 2002, the
Council closely monitored catch rates and recommended that NMFS
implement mid-year closures and restrictions when the mid-year catch
level indicated that the 100 mt limit was likely to be exceeded. As a
result of NMFS mid-year actions in 2002, the bocaccio catch for 2002
will be near or below the 100 mt catch limit.
In June 2002, NMFS prepared a revised stock assessment that
indicated that the 1999 stock assessment and accompanying rebuilding
analysis were overly optimistic because the 1999 bocaccio yearclass was
not as strong as initially estimated. This analysis showed that the
stock continued to be in severe decline and indicated that more
restrictive measures would be necessary to ensure both the survival and
rebuilding of the southern stock of bocaccio. NMFS further refined this
analysis and prepared a rebuilding analysis in August 2002, which
modeled the probable outcomes for bocaccio at 25 and 100 years at
varying levels of harvest. Based on this analysis, NMFS recommended to
the Council that the annual harvest of bocaccio be reduced to as close
to zero as possible, but not to exceed 20 mt.
Bocaccio Rebuilding Policy and Measures for 2003
At its September 2002 meeting, the Council considered the August
rebuilding analysis and adopted a catch rate (catch/total biomass)
which would allow a catch of up to 20 mt in 2003. Based on the
rebuilding analysis, this catch rate would provide an 80 percent
probability that the stock would not decline in 100 years. Under this
rebuilding policy, allowable catch rates are very low. The catch rate
for 2003 is 0.5 percent, compared with an average catch rate of 11
percent during the preceding 50 years. Under this rebuilding analysis,
rebuilding is expected to take a median time of 170 years at this
harvest level.
The Council recommended that NMFS implement several management
measures for 2003 in order to limit the catch for 2003. The Council has
proposed that all directed fishing for bocaccio be eliminated in 2003
and that the catch rate of 20 mt would be used to account for discards
of bocaccio incidentally taken in fisheries for co-occurring species.
The Council recommended new depth-based management measures that would
prohibit bottom trawl, limited entry fixed gear, and open access
fishing in the times and areas where bocaccio are expected to occur. In
addition, the Council proposed that no retention of bocaccio be allowed
in the commercial fisheries. In addition, recreational fisheries south
of Cape Mendocino (40[deg] 10' N.) would be closed from January through
June and open shoreward of 20 fathoms from July though December.
The State of California has worked closely with the Council in
developing measures to reduce bocaccio bycatch. In fact, the depth-
based restrictions recently adopted by the Council were originally
developed by the state. The state has recently adopted several
conservation measures to provide additional protection for bocaccio.
The state implemented regulations in 2002 that prohibit the retention
of bocaccio in the recreational fishery. For 2003, the recreational
season for all rockfish was reduced to six months and a new groundfish
bag limit was created which will reduce the overall take of rockfish,
including bocaccio. The state recently adopted a regulation that will
require
[[Page 69708]]
that observers be carried on California vessels, if requested by the
State. The state recently adopted a network of reserves around the
Channel Islands, which will provide protection for important bocaccio
habitat. In addition, the Council has adopted a plan that, when
implemented, will reduce the size of the nearshore fishery and is
considering a number of options for significantly restricting or
eliminating the spot prawn trawl fishery for 2003. Further, a rockfish
closure intended to protect cowcod in a large area off southern
California will also provide substantial protection for bocaccio.
With this combination of Federal and state management measures, the
Council estimates that the bycatch of bocaccio (meaning the total
harvest of bocaccio) in 2003 will be 10.3 mt. The Council plans to
closely monitor harvest throughout 2003 and would implement additional
mid-year management measures if necessary to ensure that the 20-mt
harvest level is not exceeded. In order to evaluate the harvest levels
of bocaccio in 2003, the Council will consider the results of the trawl
bycatch model, information from the NMFS Marine Recreational Fisheries
Statistical Survey (MRFSS), and logbook and other data. Modifications
being made in the MRFSS program are also expected to result in faster
availability of higher quality data in recreational catches of
bocaccio. In addition, in early 2003, the initial results from the NMFS
Groundfish Observer Program will be available for NMFS and Council
review. The observer program has monitored both the limited entry and
open access components of the commercial groundfish fishery since
August 2001. Preliminary results of the observer program will be
available early in 2003 and will be used to further refine the Hastie
bycatch model (Hastie 2001).
NMFS has prepared emergency regulations to implement the Federal
management measures discussed above. These emergency regulations will
be in effect by January 1, 2003, and will remain effective for 60 days.
Concurrently, NMFS will be issuing a proposed rule to implement these
measures for the remainder of 2003 and soliciting public comment on
these measures.
Future Harvest Levels
The Council's current rebuilding policy is based on the 2000
rebuilding analysis which indicated that it will take 170 years to
rebuild the bocaccio stock, with the recently adopted catch rate (which
is 20 mt for 2003). According to the National Standard Guidelines
(Guidelines), NMFS' regulations that implement the Magnuson-Stevens
Act, the maximum length of time to rebuild an overfished species is the
time to rebuild in the absence of fishing, plus one generation time.
For bocaccio, the maximum time to rebuild is 106 years. Therefore, the
Council must adopt a rebuilding plan that will have at least a 50-
percent probability of rebuilding bocaccio within 106 years. Given the
current abundance of bocaccio, and their natural tendency for rare,
large recruitment events, analyses indicate that, even in the absence
of fishing, the southern stock of bocaccio would not have a 50-percent
probability of recovering within 106 years. Since the Guidelines do not
address the unique situation in which rebuilding a species in the
maximum time allowed is not possible, NMFS reviewed the Magnuson-
Stevens Act and has determined that the Council's recommended level of
bocaccio harvest (20 mt) meets its standards for rebuilding overfished
stocks. Although the Council has not yet adopted a revised rebuilding
plan for bocaccio, NMFS expects that the rebuilding plan will maintain
the catch rate adopted for 2003, since this would be necessary in order
to meet the rebuilding requirements under the MSA given bocaccio's
current status.
Determination
After reviewing the best scientific and commercial information
available and considering the expected effects of conservation
measures, NMFS has determined that listing the southern DPS of bocaccio
is not warranted at this time. While NMFS recognizes that the southern
stock of bocaccio has severely declined over the past several decades,
NMFS believes that the catch rate of 0.5 percent (20 mt in 2003)
recently adopted by the Council will prevent bocaccio from becoming
endangered within the foreseeable future. NMFS will retain bocaccio on
the Candidate Species list and closely monitor the status of the
bocaccio population and future Council measures. If necessary, NMFS
will re-evaluate its decision regarding whether the southern stock of
bocaccio warrants listing under the ESA, including evaluating whether
emergency listing is warranted and whether an additional status review
is necessary. Reasons for a re-evaluation include, but are not limited
to: (1) if future Council decisions allow for increased exploitation
rate; or (2) if future data or analysis indicate that conservation
efforts are inadequate.
References
A list of references is available upon request (see ADDRESSES).
Authority
The authority for this section is the ESA of 1973, as amended (16
U.S.C. 1531 et seq.).
Dated: November 13, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 02-29356 Filed 11-15-02; 9:16 am]
BILLING CODE 3510-22-S