[Federal Register Volume 65, Number 235 (Wednesday, December 6, 2000)]
[Rules and Regulations]
[Pages 76175-76177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31033]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 080900A]
RIN 0648-A028


Fisheries of the Exclusive Economic Zone Off Alaska; Rebuilding 
Overfished Fisheries

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

ACTION:  Approval of fishery management plan amendment.

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SUMMARY: NMFS announces the approval of Amendment 15 to the Fishery 
Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs 
(FMP). This amendment is necessary to implement a plan to rebuild the 
overfished stock of St. Matthew blue king crab. This action is intended 
to ensure that conservation and management measures continue to be 
based on the best scientific information available and is intended to 
achieve, on a continuing basis, the optimum yield from the affected 
crab fisheries.

DATES: The amendment was approved on November 29, 2000.

ADDRESSES:  Copies of Amendment 15 to the FMP, and the Environmental 
Assessment (EA) prepared for the amendment are available from the 
Sustainable Fisheries Division, Alaska

[[Page 76176]]

Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel

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

SUPPLEMENTARY INFORMATION:  NMFS declared the stock of St. Matthew blue 
king crab (Paralithodes platypus) overfished on September 24, 1999, 
because the spawning stock biomass was below the minimum stock size 
threshold as defined in the FMP. NMFS notified the North Pacific 
Fishery Management Council (Council) once NMFS determined that the 
stock was overfished (64 FR 54791, October 8, 1999). The Council 
developed a rebuilding plan within 1 year as required by the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). 
In June 2000, the Council adopted Amendment 15, the rebuilding plan, to 
accomplish the purposes outlined in the national standard guidelines to 
rebuild the overfished stock. Amendment 15 specifies a time period for 
rebuilding the stock that satisfies the Magnuson-Stevens Act. The 
rebuilding plan is estimated to allow St. Matthew blue king crab to 
rebuild, with a 50 percent probability, within 10 years. The stock will 
be considered ``rebuilt '' when the stock reaches the maximum 
sustainable yield stock size level in 2 consecutive years.
    The rebuilding plan consists of a framework that references the 
State of Alaska's harvest strategy, bycatch control measures, and 
habitat protection measures.
    The rebuilding plan will use the harvest strategy developed by the 
Alaska Department of Fish and Game and adopted by the Alaska Board of 
Fisheries (Board). The FMP defers to the State of Alaska the authority 
to develop harvest strategies, with oversight by NMFS and the Council. 
The rebuilding harvest strategy should result in more spawning biomass, 
because more large male crab would be conserved and fewer juveniles and 
females would die due to incidental catch and discard mortality. This 
higher spawning biomass would be expected to produce good year-classes 
when environmental conditions are favorable.
    The rebuilding plan also references the bycatch reduction measures 
and habitat protection measures adopted by the Board in March 2000. The 
Board adopted gear restrictions to reduce bycatch of sub-legal and 
female blue king crab in the directed fishery. To protect the habitat 
of egg-bearing females, the Board took action to close State waters 
around St. Matthew Island, Hall Island, and Pinnacles Island to crab 
fishing. Protection of habitat and reduction of bycatch will reduce 
mortality on juvenile and egg-bearing female crabs, thus allowing a 
higher percentage of each year-class to contribute to spawning and 
future landings.
    An EA was prepared for Amendment 15 that describes the management 
background, the purpose and need for action, the management 
alternatives, and the environmental and the socio-economic impacts of 
the alternatives. A copy of the EA can be obtained from NMFS (see 
ADDRESSES).
    A notice of availability for the proposed Amendment 15 to the FMP, 
which described the proposed amendment and invited comments from the 
public, was published in the Federal Register on August 29, 2000 (65 FR 
52405). Comments were invited until October 30, 2000.

[[Page 76177]]

Response to Comments

    NMFS received one public comment on Amendment 15.
    Comment: The comment requested that NMFS include additional 
analysis in the EA, however, it did not recommend approval or 
disapproval of the amendment. The comment advanced these concerns about 
the EA: (1) the costs associated with monitoring bycatch of blue king 
crab in the trawl fishery were not analyzed; (2) the discussion of 
higher probabilities of rebuilding under alternative rebuilding 
scenarios is insufficient; and (3) further evaluation of the economic 
impacts of implementing a stricter rebuilding time and probability is 
needed.
    Response: NMFS determined that the existing EA is sufficient for 
decision making, complies with applicable law, and additional analysis 
would not change the components of the rebuilding plan. The EA 
represents the best scientific information available, as certified by 
the Alaska Fisheries Science Center. For the following reasons, NMFS 
does not believe modification of the EA is warranted.
    1. The decision not to enact measures to reduce bycatch of blue 
king crab in the trawl fisheries was based on the fact that, according 
to observer data, blue king crab is not a measurable component of trawl 
bycatch. Thus, an analysis of the costs associated with monitoring a 
bycatch limit or a closed area would not change the conclusion that 
trawl bycatch is not a significant source of blue king crab mortality.
    2. The rebuilding time period satisfies the requirements of section 
304(e)(4)(A) of the Magnuson-Stevens Act. The rebuilding plan is 
estimated to allow the St. Matthew blue king crab stock to rebuild, 
with a 50 percent probability, to the Bmsy level within 10 
years. A 50 percent rebuilding probability within 10 years is the 
estimated probability recommended in the NMFS technical guidance for 
rebuilding overfished stocks. This probability of rebuilding includes 
the conservative parameter that stock will be considered `rebuilt' when 
the stock size reaches the Bmsy in 2 consecutive years. The stock 
assessment experts that developed the model used to estimate the 
rebuilding times and probabilities determined that a 50 percent 
probability best represented reality given the biology of the species 
and our current level of scientific information. However, the EA also 
analyzes the alternatives at a 90 percent probability. The alternative 
that would achieve rebuilding at a 90 percent probability within 10 
years is the no fishing alternative, which the EA analyzes. The 
exercise of estimating rebuilding probabilities provides managers an 
idea of the potential outcomes of different alternatives and to help 
assure that the chosen alternative will rebuild the stock within 10 
years. One of the measures that predicts success of this rebuilding 
plan is that it is estimated to rebuild the stock in 12 years with a 90 
percent probability. In other words, NMFS predicts that there is a 90 
percent probability that the estimated spawning biomass will be above 
the Bmsy level of 22 million lb (9,679.2 metric tons) for 2 
years within 12 years.
    3. Information on the percentage of a crab catcher vessel's total 
crab catch that is comprised of St. Matthew blue king crab is not 
substantially relevant to the decision making. The comment implies that 
this information would lead to a more conservative rebuilding plan 
because most catcher vessels do not depend on this fishery as a sole 
source of income. The rebuilding harvest strategy provides a balance 
between being sufficiently conservative to rebuild the stock and 
prevent overfishing, yet to allow some fishing during the rebuilding 
period once the stock increases in abundance to above the MSST. A 
fishery will occur when the stock abundance warrants it, regardless of 
each individual vessel's other sources of income.
    NMFS determined that Amendment 15 to the FMP is consistent with the 
Magnuson-Stevens Act and other applicable laws and approved Amendment 
15 on November 29, 2000. Additional information on this action is 
contained in the August 29, 2000, notice of availability (65 FR 52405).
    No regulatory changes are necessary to implement this FMP 
amendment.

    Dated: November 30, 2000.
Clarence Pautzke,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-31033 Filed 12-5-00; 8:45 am]
BILLING CODE 3510-22-S