[Federal Register Volume 69, Number 65 (Monday, April 5, 2004)]
[Notices]
[Pages 17651-17652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7509]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 112803C]
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: Approval of a fishery management plan amendment.

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SUMMARY: NMFS announces the approval of Amendment 17 to the Fishery 
Management Plan for Bering Sea and Aleutian Islands King and Tanner 
Crabs (FMP). This amendment is necessary to 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 
is intended to achieve, on a continuing basis, optimum yield from the 
affected crab fisheries.

DATES: The amendment was approved on March 18, 2004.

ADDRESSES: Copies of Amendment 17 to the FMP and the Environmental 
Assessment (EA) prepared for the amendment are available from the 
Sustainable Fisheries Division, Alaska Region, NMFS, P.O. Box 21668, 
Juneau, AK 99802-1668, Attn: Lori Durall.

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 the 
FMP. 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 developed 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 two consecutive years. This 
rebuilding time period is as short as 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 harvest strategy, which closes the directed fishery 
until the stock is rebuilt, should result in more spawning biomass than 
allowing a fishery during the rebuilding period. With the directed 
fishery closed, 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 that 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 stock abundance will increase and support a 
fishery in the long term. Once rebuilt, fishing communities would once 
again have opportunities (both fishing and processing) to participate 
in this 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 
thoroughly 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 socioeconomic impacts of the 
alternatives. A copy of the EA can be obtained from the NMFS (see 
ADDRESSES).
    A notice of availability for Amendment 17 to the FMP, which 
describes the proposed amendment and invited comments from the public, 
was published in the Federal Register on December 18, 2003 (68 FR 
70484). Comments were invited through February 17, 2004.

Response to Comments

    NMFS received one public comment on Amendment 17.
    Comment: The comment expressed a concern that there is too much 
commercial overfishing and too many violations occurring in the crab 
fisheries. The comment raised the following five issues regarding crab 
fisheries management:
    1. Let the public comment by email.
    2. Immediately establish no fishing sanctuaries.
    3. The 10-year rebuilding period is too long and NMFS should cut 
harvest levels by 50 percent this year and 10 percent each succeeding 
year.
    4. Increase fines and jail violators of fishing regulations.
    5. Establish enforcement at the dock to search for violations of 
fisheries regulations.
    Response: 1. As of February 2, 2004, NMFS accepts public comments 
via email.
    2. Existing closed areas protect blue king crab and their habitat 
from the effects of fishing. Trawl fishing is prohibited in the 
Pribilof Islands Habitat Conservation Zone established to protect crab 
habitat in the Pribilof Islands area. The State of Alaska established a 
no-fishing zone to protect blue king crab in state waters around the 
St. Matthews, Hall, and Pinnacles Islands.
    3. The 10-year rebuilding time period is as short as possible and 
takes into

[[Page 17652]]

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). Harvest levels do not need to be reduced, as the 
comment suggests, because harvests currently are prohibited. Under this 
rebuilding plan, the Pribilof Islands blue king crab fishery is closed 
until the stock rebuilds.
    4. NMFS believes the fines and permit sanctions available under 
Magnuson-Stevens Act are sufficient to deter unlawful activity. 
Additionally, the Magnuson-Stevens Act does not provide authority for 
NMFS to jail violators of fishery regulations.
    5. NMFS agrees that enforcement at the dock is an important 
component of ensuring compliance with fishery regulations, and, 
therefore, NMFS conducts dockside enforcement. NMFS determined that 
Amendment 17 to the FMP is consistent with the Magnuson-Stevens Act and 
other applicable laws and approved Amendment 17 on March 18, 2004. 
Additional information about this action is contained in the December 
18, 2003, notice of availability (68 FR 70484).

    Dated: March 29, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-7509 Filed 4-02-04; 8:45 am]
BILLING CODE 3510-22-S