[Federal Register: March 19, 2008 (Volume 73, Number 54)]
[Proposed Rules]
[Page 14766-14768]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr08-32]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 680
RIN 0648-AW37
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands King and Tanner Crabs
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of an amendment to a fishery management
plan; request for comments.
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SUMMARY: NMFS proposes Amendment 24 the Fishery Management Plan for
Bering Sea/Aleutian Islands King and Tanner Crabs (FMP) to: specify a
five-tier system for determining the status of the crab stocks managed
under the FMP, establish a process for annually assigning each crab
stock to a tier and for setting the overfishing and overfished levels,
and reduce the number of crab stocks managed under the FMP. Amendment
24 is necessary to establish new overfishing definitions that contain
objective and measurable criteria for determining whether each managed
stock is overfished or whether overfishing is occurring and to remove
several crab stocks managed by the State of Alaska from FMP management.
This action is intended to promote the goals and objectives of the
Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and
other applicable laws.
DATES: Comments on Amendment 24 must be submitted on or before May 19,
2008.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
AW37, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal website at http://
www.regulations.gov.
Mail: P. O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record and will
generally be
[[Page 14767]]
posted to http://www.regulations.gov without change. All Personal
Identifying Information (e.g., name, address) voluntarily submitted by
the commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe portable document file (pdf) formats only.
Copies of Amendment 24 and the Environmental Assessment (EA) for
this action may be obtained from the NMFS Alaska Region at the address
above or from the Alaska Region website at http://www.fakr.noaa.gov/
sustainablefisheries.htm.
FOR FURTHER INFORMATION CONTACT: Gretchen Harrington, 907-586-7228 or
gretchen.harrington@noaa.gov.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires that each regional
fishery management council submit any Fishery Management Plan (FMP)
amendment it prepares to NMFS for review and approval, disapproval, or
partial approval by the Secretary of Commerce. The Magnuson-Stevens Act
also requires that NMFS, upon receiving an FMP amendment, immediately
publish a notice in the Federal Register announcing that the amendment
is available for public review and comment. This action constitutes
such notice for Amendment 24 to the FMP for the Bering Sea/Aleutian
Islands King and Tanner Crabs. NMFS will consider the public comments
received during the comment period in determining whether to approve
this FMP amendment.
In December 2007, the North Pacific Fishery Management Council
(Council) unanimously recommended Amendment 24 to the Fishery
Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs.
Amendment 24 would satisfy the Magnuson-Stevens Act requirement that
FMPs contain objective and measurable criteria for determining whether
a stock is overfished, whether overfishing is occurring, and for
rebuilding overfished stocks. Section 301(a) of the Magnuson-Stevens
Act establishes national standards for fishery conservation and
management, and requires that all FMPs create management measures
consistent with those standards. National Standard 1 requires that
conservation and management measures shall ``prevent overfishing while
achieving, on a continuing basis, the optimum yield'' from fisheries in
Federal waters.
Amendment 24 would (1) specify a five-tier system for determining
the status of the crab stocks managed under the FMP, (2) establish a
process for annually assigning each crab stock to a tier and for
setting the overfishing and overfished levels, and (3) reduce the
number of crab stocks managed under the FMP. The stocks status
determination criteria in Amendment 24 are necessary to reflect current
scientific information and accomplish the following:
Provide an FMP framework to annually define values using
the best available scientific information.
Provide a new tier system that accommodates varying levels
of uncertainty of information and takes advantage of alternative
biological reference points.
Define the status determination criteria and their
application to the appropriate component of the population.
Removal of Stocks
Amendment 24 would remove twelve state-managed stocks from the FMP
for which the State of Alaska (State) has a legitimate interest in the
conservation and management. For each of these stocks, the majority of
catch in the fisheries occurs in State waters or the State either has
closed the directed fishery or manages a limited incidental or
exploratory fishery. The State would continue to manage these stocks as
they currently do under the deferred management authority of the FMP.
Five-Tier System
The stocks status determination criteria for crab stocks would be
annually calculated using a five-tier system that accommodates varying
levels of uncertainty of information. The five-tier system would
incorporate new scientific information and provide a mechanism to
continually improve the stock status determination criteria as new
information becomes available. The five-tier system would be used to
determine the status of the crab stocks and whether (1) overfishing is
occurring or the rate or level of fishing mortality for a stock or
stock complex is approaching overfishing, and (2) a stock or stock
complex is overfished or a stock or stock complex is approaching an
overfished condition.
Overfishing would be determined by comparing the overfishing level,
as calculated in the five-tier system for the crab fishing year, with
the catch estimates for that crab fishing year.
An overfished condition would be determined by comparing annual
biomass estimates to the established minimum stock size threshold
(MSST), defined as one half the biomass estimated to produce maximum
sustainable yield to the fishery. For stocks where MSSTs (or proxies)
are defined, if the biomass drops below the MSST (or proxy thereof)
then the stock would be considered to be overfished. MSST or proxies
would be set for stocks in Tiers 1 through 4. For Tier 5 stocks, it
would not be possible to set an MSST because there are no reliable
estimates of biomass.
Annually, the overfishing level for each stock would be calculated
for the upcoming crab fishing year based on the most recent abundance
estimates prior to the State of Alaska setting the total allowable
catch or guideline harvest level for that stock's upcoming crab fishing
season. First, a stock would be assigned to one of the five tiers based
on the availability of information for that stock. Tier assignments
would be made through the Council's Crab Plan Team process and
recommended by the Council's Scientific and Statistical Committee.
Once a stock is assigned to a tier, the stock status level would be
determined based on biomass estimates from recent survey data and
simulation models, as available. The tier system would specify three
levels of stock status: ``a,'' ``b,'' and ``c.'' At stock status level
``a,'' current stock biomass exceeds the biomass estimated to produce
maximum sustainable yield to the fishery. At status level ``b,''
current stock biomass is less than necessary produce maximum
sustainable yield to the fishery but greater than a level specified as
the critical biomass threshold. At stock status level ``c,'' current
stock biomass is below the critical biomass threshold and directed
fishing would be prohibited. The stock status level determines the
equation for calculating the fishing rate used to determine the
overfishing level. For stocks in Tiers 1 through 4, the fishing rate
would be reduced as biomass declines by stock status level.
Tier 5 stocks have no reliable estimates of biomass or natural
mortality and only historical data of retained catch is available. For
stocks in Tier 5, the overfishing level would be specified in terms of
an average catch value over an historical time period, unless the
Scientific and Statistical Committee recommends an alternative value
based on the best available scientific information.
After the crab fishing year, NMFS would determine whether
overfishing
[[Page 14768]]
occurred by comparing the overfishing level with the catch from the
previous crab fishing year. For stocks where non-target fishery removal
data are available, catch would include all fishery removals, including
retained catch and discard losses. Discard losses would be determined
by multiplying the appropriate handling mortality rate by observer
estimates of bycatch discards. For stocks where only retained catch
information is available, the overfishing level would be set for and
compared to the retained catch.
Annually, the Council, Scientific and Statistical Committee, and
Crab Plan Team will review (1) the stock assessment documents, (2) the
OFLs and total allowable catches or guideline harvest levels for the
upcoming crab fishing year, (3) NMFS's determination of whether
overfishing occurred in the previous crab fishing year, and (4) NMFS's
determination of whether any stocks are overfished.
The Alaska Fisheries Science Center (AFSC) reviewed the proposed
overfishing definitions in Amendment 24 and supporting environmental
assessment for compliance with guidelines provided for National
Standards 1 and 2 in 50 CFR part 600. During this review, the AFSC
recommended modifications to the amendment text to clarify the
Council's intent and comply with the Magnuson-Stevens Act. At its
February 2008 meeting, the Council adopted the FMP text for Amendment
24 which included the AFSC's recommendations. On February 14, 2008, the
AFSC certified that the proposed definitions (1) have sufficient
scientific merit, (2) are likely to result in effective Council action
to protect a managed stock from closely approaching or reaching an
overfished status, (3) provide a basis for objective measurement of the
status of a managed stock against the definition, and (4) are
operationally feasible.
An EA was prepared for Amendment 24 that describes the management
background, the purpose and need for action, the management
alternatives, and the environmental and socio-economic impacts of the
alternatives (see ADDRESSES).
Public comments are being solicited on proposed Amendment 24
through May 19, 2008. All comments received by the end of the comment
period on the amendment will be considered in the approval/disapproval
decision. Comments received after that date will not be considered in
the approval/disapproval decision on the amendment. To be considered,
comments must be received--not just postmarked or otherwise
transmitted--by the close of business on the last day of the comment
period.
Dated: March 13, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-5562 Filed 3-18-08; 8:45 am]
BILLING CODE 3510-22-S