[Federal Register Volume 68, Number 243 (Thursday, December 18, 2003)]
[Proposed Rules]
[Pages 70484-70485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31226]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 112803A]
RIN 0648-AR74


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: Notice of availability; request for comments.

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SUMMARY: The North Pacific Fishery Management Council (Council) has 
submitted for Secretarial review

[[Page 70485]]

Amendment 17 to the Fishery Management Plan for Bering Sea/Aleutian 
Islands King and Tanner Crabs (FMP). This amendment would implement a 
rebuilding plan for the overfished stock of Pribilof Islands 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 enhance the Council's ability to achieve, on 
a continuing basis, optimum yield from fisheries under its authority.

DATES: Comments on the amendment must be submitted on or before 
February 17, 2004.

ADDRESSES: Comments may be submitted to Sue Salveson, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region, 
NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Durall. 
Comments also may be sent via facsimile (fax) to 907-586-7465. Comments 
will not be accepted if submitted via e-mail or Internet. Courier or 
hand delivery of comments may be made to NMFS in the Federal Building, 
Room 420, Juneau, AK 99801.Copies of Amendment 17 to the FMP, and the 
Environmental Assessment (EA) prepared for the amendment are available 
from the above address.

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

SUPPLEMENTARY INFORMATION: NMFS declared the Pribilof Islands stock of 
blue king crab (Paralithodes platypus) overfished because the spawning 
stock biomass was below the minimum stock size threshold defined in 
Amendment 7 to the FMP. Amendment 7 specified objective and measurable 
criteria for identifying when any of the crab fisheries covered by the 
FMP are overfished or when overfishing is occurring (64 FR 11390, March 
9, 1999).
    On September 23, 2002, NMFS notified the Council that the Pribilof 
Islands blue king crab stock was overfished (67 FR 62212, October 4, 
2002). The Council then took action to develop a rebuilding plan within 
1 year of notification as required by section 304(e)(3) of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). In October 2003, the Council adopted Amendment 17, the 
rebuilding plan, to accomplish the purposes outlined in the national 
standard guidelines to rebuild the overfished stock.
    Amendment 17 specifies a time period for rebuilding the stock 
intended to satisfy the requirements of the Magnuson-Stevens Act. Under 
the rebuilding plan, the Pribilof Islands blue king crab stock is 
estimated to rebuild, with a 50-percent probability, within 10 years. 
The stock will be considered ``rebuilt'' when it reaches the maximum 
sustainable yield stock size level in 2 consecutive years. This 
rebuilding time period is as short a possible and takes into account 
the status and biology of the stock, the needs of fishing communities, 
and the interaction of the overfished stock within the marine 
ecosystem, as required by the Magnuson-Stevens Act in section 
304(e)(4)(A)(i).
    The rebuilding plan consists of a framework that references the 
State of Alaska's harvest strategy. Section 8.3 of the FMP defers to 
the State of Alaska the authority to develop and implement harvest 
strategies, with oversight by NMFS and the Council. The rebuilding 
harvest strategy, and alternative harvest strategies, were developed 
and analyzed by the Alaska Department of Fish and Game and reviewed and 
adopted by the Alaska Board of Fisheries. The rebuilding harvest 
strategy, and detailed alternatives analysis, were reviewed by the 
Council, its Scientific and Statistical Committee, and Crab Plan Team 
for consistency with the FMP, Magnuson-Stevens Act, and the National 
Standard guidelines. The analysis prepared for the rebuilding harvest 
strategy is contained in the EA prepared for this action.
    The rebuilding harvest strategy, which closes the directed fishery 
until the stock is rebuilt, should result in more spawning biomass than 
allowing a fishery during rebuilding, because more large male crab 
would be conserved and fewer juveniles and females would die due to 
incidental catch and discard mortality. More spawning biomass would be 
expected to produce larger year-classes when environmental conditions 
are favorable.
    This conservative rebuilding plan is warranted at this time for 
this stock given the concerns regarding the rebuilding potential of 
this stock, the potential vulnerability to overfishing, and the poor 
precision of survey estimates. The other alternatives under 
consideration, which would allow fishing prior to stock rebuilding, 
would not provide sufficient safeguards for this vulnerable stock. The 
preferred alternative, while forgoing harvest in the short-term, is the 
strongest guarantee that the stock will be healthy and support a 
fishery in the long term. Once rebuilt, fishing communities would once 
again have expanded opportunities (both fishing and processing) in this 
potentially lucrative fishery. As this rebuilding plan applies the same 
restrictions to all participants, the plan allocates the fishery 
restrictions fairly and equitably among sectors of the fishery. 
Likewise, the plan allocates all recovery benefits fairly and equitably 
among sectors of the fishery.
    No additional habitat or bycatch measures are part of this 
rebuilding plan because neither habitat nor bycatch measures are 
expected to have a measurable impact in rebuilding. Habitat is 
protected from fishing impacts by the existing Pribilof Islands Habitat 
Conservation Zone, which encompasses the majority of blue king crab 
habitat. Bycatch of blue king crab in both crab and groundfish 
fisheries is a negligible proportion of the total population abundance.
    An EA was prepared for Amendment 17 that describes the management 
background, the purpose and need for action, the management 
alternatives, and the environmental and socio-economic impacts of the 
alternatives. A copy of the EA can be obtained from NMFS (see 
ADDRESSES).
    The Magnuson-Stevens Act requires that each regional fishery 
management council submit each FMP or FMP amendment it prepares to NMFS 
for review and approval, disapproval, or partial approval. The 
Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP or 
FMP amendment, immediately publish a notification in the Federal 
Register that the amendment is available for public review and comment. 
This action constitutes such notice for FMP Amendment 17. NMFS will 
consider public comments received during the comment period in 
determining whether to approve this FMP amendment. To be considered, a 
comment must be received by close of business by the last day of the 
comment period (see DATES), regardless of the comment's postmark or 
transmission date.

    Dated: December 12, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-31226 Filed 12-17-03; 8:45 am]
BILLING CODE 3510-22-S