[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Proposed Rules]
[Pages 39216-39218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12825]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[RTID 0648-XC845]


Fisheries of the Exclusive Economic Zone Off Alaska; Snow Crab 
Rebuilding Plan in the Bering Sea and Aleutian Islands

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

ACTION: Notice of availability of fishery management plan amendment; 
request for comments.

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SUMMARY: The North Pacific Fishery Management Council (Council)

[[Page 39217]]

submitted Amendment 53 to the Fishery Management Plan (FMP) for Bering 
Sea/Aleutian Islands (BSAI) King and Tanner Crabs (Crab FMP), to the 
Secretary of Commerce for review. If approved, Amendment 53 would add a 
new rebuilding plan for snow crab (Chionoecetes opilio) to the Crab 
FMP. The objective of this amendment is to rebuild the snow crab stock. 
In order to comply with provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), this action is 
necessary to implement a rebuilding plan prior to the start of the 
2023/2024 fishing season. Amendment 53 is intended to promote the goals 
and objectives of the Magnuson-Stevens Act, the Crab FMP, and other 
applicable laws.

DATES: Comments must be received no later than August 14, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0040, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0040 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Submit written comments to Gretchen Harrington, 
Assistant Regional Administrator, Sustainable Fisheries Division, 
Alaska Region NMFS, Attn: Records Office. Mail comments to P.O. Box 
21668, Juneau, AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in the required fields if you wish to remain anonymous).
    Electronic copies of the draft Environmental Assessment (referred 
to as the ``Analysis'') prepared for the proposed rule may be obtained 
from https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Megan Mackey, 907-586-7228.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each 
regional fishery management council submit any FMP amendment it 
prepares to NMFS for review and approval, disapproval, or partial 
approval by the Secretary of Commerce (Secretary). 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 Council 
has submitted Amendment 53 to the Secretary for review. This notice 
announces that proposed Amendment 53 is available for public review and 
comment.
    NMFS manages the crab fisheries in the exclusive economic zone 
under the Crab FMP. The Council prepared the FMP under the authority of 
the Magnuson-Stevens Act, (16 U.S.C. 1801 et seq.). Regulations 
governing U.S. fisheries and implementing the FMP appear at 50 CFR 
parts 600 and 680.
    Through the Crab FMP, the State of Alaska (the State) is delegated 
management authority over certain aspects of the Eastern Bering Sea 
(EBS) snow crab fishery. This authority is limited by the Magnuson-
Stevens Act and the FMP. For EBS snow crab, the State has established a 
harvest strategy to set total allowable catch (TAC), and announce 
season or area closures when the TAC is reached. The State's Bering Sea 
C. opilio Tanner (snow crab) harvest strategy applies during 
rebuilding, and is provided in the Alaska Administrative Code at 5 AAC 
35.517. The State harvest strategy is more conservative than the Crab 
FMP's control rule parameters for EBS snow crab because, under the 
harvest strategy, a higher level of biomass is required to open 
directed fishing than under the overfishing level (FOFL) 
control rule.
    On October 19, 2021, NMFS determined and notified the Council that 
the EBS snow crab stock was overfished because the estimated mature 
male biomass was below the minimum stock size threshold specified in 
the Crab FMP. To comply with provisions of the Magnuson-Stevens Act, 
the Council developed a rebuilding plan to be implemented prior to the 
start of the 2023/2024 fishing season.
    In February 2023, the Council chose a rebuilding plan for EBS snow 
crab that would allow bycatch removals and an opportunity for directed 
harvest during rebuilding if estimates of stock biomass are sufficient 
to open the fishery under the State's snow crab harvest strategy. The 
proposed rebuilding plan is consistent with the Magnuson-Stevens Act 
and with National Standard 1 Guidelines on time for rebuilding, 
specifically rebuilding within a time (Ttarget) that is as 
short as possible, taking into account the status and biology of any 
overfished stocks of fish, the needs of fishing communities, 
recommendations by international organizations in which the United 
States participates, and the interaction of the overfished stock of 
fish with the marine ecosystems. This rebuilding plan would allow 
directed fishing pursuant to the State harvest strategy and may provide 
important economic opportunities for harvesters, processors, and Alaska 
communities. Maintaining this economic opportunity for a limited 
directed commercial fishery under the State harvest strategy is 
important for harvesters, processors, and communities, particularly 
during this time when the majority of commercial crab stocks are in a 
state of decline and future openings are likely to be limited.
    Under the Magnuson-Stevens Act, the time period specified for 
rebuilding a fishery generally should not exceed 10 years unless the 
biology of the stock or environmental conditions dictate otherwise. The 
projected time for rebuilding the EBS snow crab stock, taking into 
account the biology of the species and current environmental 
conditions, is 6 years. The main driver in the speed of rebuilding is 
likely related to recruitment and the ecosystem conditions that allow 
for increased recruitment into the population. Uncertainty surrounding 
recruitment and mortality under current ecosystem conditions is 
expected to heavily influence the rate at which the stock is able to 
rebuild under the proposed projection parameters. Fishing mortality 
under the State's current harvest strategy is expected to have only 
insignificant or minimal impacts on the rate of rebuilding.
    Amendment 53 would add Section 6.2.3 to the Crab FMP to include the 
proposed rebuilding plan for EBS snow crab. Under the proposed 
rebuilding plan, ecosystem indicators developed for the stock would be 
monitored during rebuilding. The NMFS EBS bottom-trawl survey provides 
data for the annual assessment of the status of crab stocks in the 
BSAI, including EBS snow crab, and would continue throughout 
rebuilding. The Council's BSAI Crab Plan Team would report stock status 
and progress towards the rebuilt level in the Stock Assessment and 
Fishery Evaluation (SAFE) Report for the king and Tanner crab fisheries 
of the BSAI. Additionally, the State and NMFS monitor directed fishery 
catch and bycatch of snow crabs in other fisheries. When the fishery is 
open, the State requires full observer coverage (100 percent) for 
catcher/processors and partial coverage (30 percent) for catcher

[[Page 39218]]

vessels participating in the crab fishery. Observers monitor harvest at 
sea and landings by catcher vessels and shoreside processors. The State 
reports the total harvest from the commercial crab fishery, and that 
report will be included annually in the SAFE. The contribution of the 
rebuilding plan's assessment and monitoring to stock recovery would be 
additive to measures already in place that limit the effects of fishing 
activity on EBS snow crab.
    In addition, Amendment 53 will remove rebuilding plans from the 
Crab FMP for stocks that have since been rebuilt or that have been 
replaced with new rebuilding plans, including rebuilding plans for 
Bering Sea Tanner crab (declared overfished on March 3, 1999), Bering 
Sea snow crab (declared overfished on September 24, 1999), and St. 
Matthew blue king crab (declared overfished on September 24, 1999).
    NMFS is soliciting public comments on proposed Amendment 53 through 
the end of the comment period (see DATES). All relevant written 
comments received by the end of the applicable comment period will be 
considered by NMFS in the approval/partial approval/disapproval 
decision for Amendment 53 and addressed in the response to comments in 
the final decision. Comments received after the end of the applicable 
comment period will not be considered in the approval/disapproval 
decision on Amendment 53. To be considered, comments must be received, 
not just postmarked or otherwise transmitted, by the last day of the 
comment period (see DATES).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: June 12, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-12825 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-22-P