[Federal Register Volume 64, Number 45 (Tuesday, March 9, 1999)]
[Rules and Regulations]
[Pages 11390-11391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5797]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 111798A]
RIN 0648-AL89


Fisheries of the Exclusive Economic Zone Off Alaska; Revision of 
Definitions of Overfishing, Maximum Sustainable Yield, and Optimum 
Yield for the Crab and Scallop Fisheries

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

ACTION: Approval of fishery management plan amendments.

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SUMMARY: NMFS announces the approval of Amendment 7 to the Fishery 
Management Plan (FMP) for the Commercial King and Tanner Crab Fisheries 
in the Bering Sea/Aleutian Islands (BSAI crab FMP) and Amendment 6 to 
the FMP for the Scallop Fishery Off Alaska (scallop FMP). These 
amendments revise definitions of overfishing, maximum sustainable yield 
(MSY), and optimum yield (OY) for the crab and scallop fisheries. These 
actions are necessary to ensure that conservation and management 
measures continue to be based on the best scientific information 
available and are intended to advance the Council's ability to achieve, 
on a continuing basis, the OY from fisheries under its geographical 
area of authority.

DATES: The amendments were approved on March 3, 1999.

ADDRESSES: Copies of Amendment 7 to the BSAI crab FMP, Amendment 6 to 
the scallop FMP, and the Environmental Assessment (EA) prepared for 
each amendment are available from the North Pacific Fishery Management 
Council, 605 West 4th Ave., Suite 306, Anchorage, AK 99501-
2252; telephone 907-271-2809.

FOR FURTHER INFORMATION CONTACT: Gretchen Harrington, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    National standard 1 of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) requires that conservation 
and management measures shall prevent overfishing while achieving, on a 
continuing basis, the optimum yield from fisheries in Federal waters. 
The Magnuson-Stevens Act, in section 303(a)(10), requires that each FMP 
specify objective and measurable criteria for identifying when stocks 
or stock complexes covered by an FMP are overfished and for rebuilding 
overfished stocks. NMFS published national standard guidelines (50 CFR 
part 600) to provide comprehensive guidance for the development of FMPs 
and FMP amendments that comply with the Magnuson-Stevens Act.
    NMFS is required to notify a regional fishery management council 
once NMFS determines that overfishing is occurring, a stock or stock 
complex is overfished, a stock or stock complex is approaching its 
minimum stock size threshold (MSST), or the rate or level of fishing 
mortality for a stock or stock complex is approaching maximum fishing 
mortality threshold (MFMT). The regional fishery management council 
then must develop a rebuilding plan within 1 year.
    In June 1998, the North Pacific Fishery Management Council 
(Council) took final action on amendments to bring the BSAI crab and 
scallop FMPs into compliance with the Magnuson-Stevens Act and the 
national standard guidelines (50 CFR part 600). Each of these 
amendments would redefine overfishing, MSY, and OY based on the biology 
of the stock, the fishing history, and the available scientific and 
fishery data.
    A notice of availability for the proposed Amendment 7 to the BSAI 
crab FMP and proposed Amendment 6 to the scallop FMP, which described 
the proposed amendments and invited comments from the public, was 
published in the Federal Register on December 1, 1998 (63 FR 66112). 
Comments were invited until February 1, 1999. NMFS received two letters 
of no comment, one from the U.S. Coast Guard and one from the U.S. 
Department of State.

Bering Sea/Aleutian Islands King and Tanner Crabs

    Amendment 7 to the BSAI crab FMP improves management of the BSAI 
crab fisheries by: (1) Preventing overfishing; (2) achieving OY on a 
continuing basis; and (3) updating the crab FMP with new information. 
Amendment 7 establishes criteria for estimating OY and overfishing 
levels for BSAI crab stocks. These criteria were developed by the BSAI 
Crab Plan Team based on species life history characteristics and trends 
in stock biomass estimates. The OY, MSY, and threshold levels in 
Amendment 7 are based on the Magnuson-Stevens Act and the national 
standard guidelines.
    Currently, the Bering Sea C. bairdi Tanner crab spawning biomass is 
below the MSST, and is deemed ``overfished,'' under Amendment 7. The 
Council is required to develop a rebuilding plan for this stock within 
1 year.

Update the BSAI Crab FMP

    The 1989 BSAI Crab FMP does not provide the reader with a clear 
understanding of conservation and management measures that have been 
implemented for the BSAI crab fisheries. The updated version of the FMP 
incorporates: Six FMP amendments; catch data and other scientific 
information from the past 10 years; and changes due to amendments to 
the Magnuson-Stevens Act and other laws, a Russian/U.S. boundary 
agreement, and a Federal/State Action Plan.

Scallops

    Amendment 6 to the scallop FMP improves management of the scallop 
fisheries by: (1) Preventing overfishing; (2) achieving OY on a 
continuing basis; and (3) minimizing bycatch. Amendment 6 will amend 
the scallop FMP by redefining overfishing, OY, and MSY, to bring the 
FMP into compliance with the Magnuson-Stevens Act.
    This amendment also adds information to the FMP on State of Alaska 
bycatch monitoring and reduction programs. The Magnuson-Stevens Act 
national standard 9 emphasizes the importance of minimizing bycatch 
effects. Accordingly, Amendment 6 to the scallop FMP identifies 
implemented bycatch reduction and monitoring measures: at-sea catch 
sampling, area closures, bycatch limits, and gear restrictions.
    The Council prepared an EA for each amendment that describes the 
management background, the purpose and need for the action, the 
management action alternatives, and the environmental and socio-
economic impacts of the alternatives. A copy of each EA can be obtained 
from the Council (see ADDRESSES).
    The Director, Alaska Fisheries Science Center, NMFS, certified with 
reservations that the definitions of overfishing for the crab and 
scallop fisheries comply with the provisions of the national standard 
guidelines at 50 CFR 600.310(d)(5). These guidelines require that 
overfishing definitions (1) have sufficient scientific merit, (2) are 
likely to result in effective Council action to protect the stock from 
closely approaching or reaching an overfished status, (3) provide a 
basis for objective measurement of the status of the stock against the 
criteria, and (4) are operationally feasible. The crab and scallop 
overfishing definitions satisfy

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criteria (1), (3), and (4). However, insufficient information exists to 
determine if the overfishing definitions satisfy criterion (2). Data 
currently available for species covered by these FMPs are inadequate to 
determine if the selected MSSTs are greater than the minimum stock size 
at which rebuilding to the MSY level would be expected to occur within 
10 years if the stock or stock complex were exploited at the MFMT.
    NMFS determined that Amendment 7 to the BSAI crab FMP and Amendment 
6 to the scallop FMP are consistent with the Magnuson-Stevens Act and 
other applicable laws and approved Amendments 7 and 6 on March 3, 1999. 
Additional information on this action is contained in the December 1, 
1998, Notice of Availability (63 FR 66112).
    No regulatory changes are necessary to implement these FMP 
amendments.

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

    Dated: March 3, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-5797 Filed 3-8-99; 8:45 am]
BILLING CODE 3510-22-F