[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Rules and Regulations]
[Pages 33925-33927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13529]


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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: Final rule; agency decision.

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SUMMARY: NMFS announces the approval of Amendment 24 to the Fishery 
Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs 
(FMP). Amendment 24 specifies a five-tier system for determining the 
status of the crab stocks managed under the FMP, establishes a process 
for annually assigning each crab stock to a tier and for setting the 
overfishing and overfished levels, and reduces 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 from the FMP several 
crab stocks managed by the State of Alaska. 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: This agency decision is effective June 6, 2008.

ADDRESSES: 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.

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.
    The North Pacific Fishery Management Council (Council) submitted 
Amendment 24 to the FMP to NMFS on March 6, 2008. The notice of 
availability for Amendment 24 was published in the Federal Register on 
March 19, 2008 (73 FR 14766). The public comment period closed on May 
19, 2008. NMFS received 1 public comment and considered this comment in 
determining whether to approve this FMP amendment. NMFS has summarized 
and responded to the public comment received in this notice under 
Public Comments, below.
    In December 2007, the Council unanimously recommended Amendment 24. 
Amendment 24 satisfies 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.
    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

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measurement of the status of a managed stock against the definition, 
and (4) are operationally feasible.
    Amendment 24 (1) specifies a five-tier system for determining the 
status of the crab stocks managed under the FMP, (2) establishes a 
process for annually assigning each crab stock to a tier and for 
setting the overfishing and overfished levels, and (3) reduces the 
number of crab stocks managed under the FMP. The stock status 
determination criteria in Amendment 24 reflect current scientific 
information and accomplish the following:
     Provide an FMP framework to annually define overfishing 
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; and
     Define the status determination criteria and their 
application to the appropriate component of the population.

Five-Tier System

    Under Amendment 24, the stock status determination criteria for 
crab stocks is annually calculated using a five-tier system that 
accommodates varying levels of uncertainty of information. The five-
tier system incorporates new scientific information and provides a 
mechanism to continually improve the stock status determination 
criteria as new information becomes available. The five-tier system is 
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 is 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.
    Annually, the overfishing level for each stock is calculated based 
on the most recent abundance estimates and prior to the State setting 
the total allowable catch or guideline harvest level for that stock's 
upcoming crab fishing season. First, a stock is assigned to one of the 
five tiers based on the availability of information for that stock. 
Tier assignments are made through the Council's Crab Plan Team process 
and recommended by the Council's Scientific and Statistical Committee.

Tiers 1 through 4

    Once a stock is assigned to a tier, the stock status level is 
determined based on biomass estimates from recent survey data and 
simulation models, as available. The tier system specifies 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 (BMSY). At status level 
``b,'' current stock biomass is less than necessary to produce 
BMSY, 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 is 
prohibited. The stock status level determines the equation for 
calculating the fishing rate (F) used to determine the overfishing 
level (FOFL). For stocks in Tiers 1 through 4, F is reduced 
as biomass declines by stock status level.
    For Tiers 1 through 3, reliable estimates of biomass, 
BMSY, and the fishing rate expected to result in maximum 
sustainable yield to the fishery (FMSY), or their respective 
proxy values, are available. Tier 4 is for stocks where essential life-
history, recruitment information, and understanding are lacking. In 
Tier 4, a default value of natural mortality rate (M) or an M proxy, 
and a scalar, gamma ([gamma]), are used in the calculation of the 
FOFL. Use of the scalar [gamma] is intended to allow 
adjustments in the overfishing definitions to account for differences 
in biomass measures. Amendment 24 sets a default value of [gamma] = 
1.0, with the understanding that the Council's Scientific and 
Statistical Committee may recommend a different value for a specific 
stock or stock complex as merited by the best available scientific 
information.

Tier 5

    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 is 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 determines whether overfishing 
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 includes all fishery removals, including 
retained catch and discard losses. Discard losses will 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 is set for and compared 
to the retained catch.
    An overfished condition is 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 is considered to be overfished. MSST or proxies are set 
for stocks in Tiers 1 through 4. For Tier 5 stocks, it is not possible 
to set an MSST because there are no reliable estimates of biomass.
    Annually, the Council, Scientific and Statistical Committee, and 
Crab Plan Team will review the stock assessment documents, the OFLs and 
total allowable catches or guideline harvest levels for the upcoming 
crab fishing year, NMFS's determination of whether overfishing occurred 
in the previous crab fishing year, and NMFS's determination of whether 
any stocks are overfished.

Removal of Stocks

    Amendment 24 removes 12 state-managed stocks from the FMP. NMFS and 
the Council found that the State of Alaska (State) has a legitimate 
interest in the conservation and management of these stocks. As 
explained in the EA, federal management of these stocks is no longer 
necessary because under the deferred authority of the FMP, the State 
has either closed the directed fishery, managed a limited incidental or 
exploratory fishery, or the majority of catch occurs in state waters. 
The State will continue to manage these stocks as they currently do 
under the deferred management authority of the FMP.
    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

    Comment: Add the following sentence from the draft EA to the 
Amendment 24 language on Tier 4: ``The value for [gamma] is 
frameworked, depending on the values of FMSY and it's proxy 
(F35%) and M.'' Adding this sentence would clarify that the default 
[gamma] value is a scalar to adjust M to the proxy FMSY and 
avoid confusion about the role of [gamma] in the

[[Page 33927]]

determination of FOFL. The notion that default [gamma] 
should be set at a value of 1.0 is overly conservative for Bering Sea 
and Aleutian Islands crab stocks, and simply does not conform to our 
current understanding of crab population dynamics. NMFS should rely on 
the simulation modeling estimates of [gamma] generated from the 
analyses in the EA as best available science and set [gamma] 
accordingly.
    Response: NMFS has determined that Amendment 24 is sufficiently 
clear regarding specifying a value for [gamma] for Tier 4 stocks and 
does not agree that Amendment 24 FMP should be changed to include the 
sentence suggested in the comment. NMFS cannot add language to an FMP 
amendment submitted by a regional fishery management council. 
Furthermore, Amendment 24 is consistent with the Magnuson-Stevens Act 
and other applicable law without this addition.
    Amendment 24 provides a default of [gamma] = 1, which applies to 
all Tier 4 stocks until a stock specific [gamma] can be estimated based 
on the best available scientific information and reviewed by the 
Council's Scientific and Statistical Committee. A default [gamma] is 
necessary until stock specific values can be determined. A [gamma] = 1 
allows the FMSY proxy to equal M which is an appropriate 
default given our current level of scientific information for the group 
of Tier 4 stocks. In the stock assessment process, a [gamma] can be set 
more or less conservatively for each stock based on simulation modeling 
and the best available information during the stock assessment process.
    Amendment 24 provides the flexibility to set [gamma] at the 
appropriate value for each Tier 4 stock based on stock assessments that 
use the best available information. Stock specific [gamma] values 
depend on the relationship between fishery selectivities (discard and 
retained catch) and maturity and growth estimates. The Council's Crab 
Plan Team discussed ways to estimate [gamma] for each Tier 4 stock, 
including the methods analyzed in the EA. In May 2008, the Crab Plan 
Team recommended that assessment authors analyze alternative [gamma] 
values for each Tier 4 stock to assist in determining the appropriate 
value for that stock. Using the method analyzed in the EA may not be 
appropriate for a particular stock if fishery selectivities, maturity, 
growth, and discards relative to retained catch are not the same as the 
proxy stock. For example, it may be appropriate to use F35% estimated 
for Bristol Bay red king crab to estimate [gamma] for a stock like 
Pribilof red king crab; however, it may not be appropriate to use that 
same value for blue king crab.

    Dated: June 6, 2008.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E8-13529 Filed 6-13-08; 8:45 am]
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