[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Proposed Rules]
[Pages 14766-14768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5562]


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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 
[email protected].

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

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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