[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Proposed Rules]
[Pages 66112-66115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31997]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[I.D. 111798A]
RIN 0648-AL89
Fisheries of the Exclusive Economic Zone Off Alaska; Revision of
Definitions of Overfishing, Maximum Sustainable Yield, and Optimum
Yield for the Crab and Scallop 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 Amendment 7 to the Fishery Management
Plan (FMP) for the Commercial King and Tanner Crab Fisheries in the
Bering Sea/Aleutian Islands (BSAI crab FMP) and Amendment 6 to the FMP
for the Scallop Fishery Off Alaska. These amendments would revise
definitions of overfishing, maximum sustainable yield (MSY), and
optimum yield (OY) for the crab and scallop fisheries. These actions
are necessary to ensure that conservation and management measures
continue to be based on the best scientific information available and
are intended to advance the Council's ability to achieve, on a
continuing basis, the OY from fisheries under its jurisdiction.
DATES: Comments on the amendments must be received by February 1, 1999.
ADDRESSES: Comments on these amendments should be submitted to Sue
Salveson, Assistant Regional Administrator for Sustainable Fisheries,
Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori
Gravel, or delivered to the Federal Building, 709 West 9th. Street,
Juneau, AK. Copies of Amendment 7 to the BSAI Crab FMP, Amendment 6 to
the Scallop FMP, and the Environmental Assessment prepared for each
amendment are available from the North Pacific Fishery Management
Council, 605 West 4th Ave., Suite 306, Anchorage, AK 99501-
2252; telephone 907-271-2809.
FOR FURTHER INFORMATION CONTACT: Gretchen Harrington, 907-586-7228 or
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The Magnuson-Stevens Fishery Conservation and Management Act
(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 document announcing that the FMP or FMP amendment
is available for public review and comment. This action constitutes
such notice for Amendment 7 to the FMP for the Bering Sea/Aleutian
Islands King and Tanner Crabs and Amendment 6 to the FMP for the
Scallop Fishery Off Alaska. NMFS will consider the public comments
received during the comment period in determining whether to approve
these FMP amendments.
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 Magnuson-Stevens
Act, in section 303(a)(10), requires that each FMP specify objective
and measurable criteria (status determination criteria) for identifying
when stocks or stock complexes covered by the FMP are overfished and
for rebuilding overfished stocks. Pursuant to section 301(b) of the
Magnuson-Stevens Act, NMFS issued national standard guidelines (50 CFR
600.305) to provide comprehensive guidance for the development of FMPs
and FMP amendments that comply with the national standards. The
national standard guidelines require that when data are insufficient to
estimate any of the determination criteria, the use of reasonable
proxies is required.
The guidelines for national standard 1 (50 CFR 600.310) are based
on the Magnuson-Stevens Act's definitions of ``optimum yield,''
``overfishing,'' and ``overfished''; the requirement for the
establishment of objective and measurable criteria for determining the
status of a stock or stock complex; and the requirement for remedial
action in the event that overfishing is occurring or that a stock or
stock complex is overfished.
The guidelines identify the following components as objective and
measurable criteria for determining the
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status of the stock or stock complex to be defined in the FMP. First,
MSY is established for the stock or stock complex. MSY is the largest
long-term average catch or yield that can be taken from a stock or
stock complex under prevailing ecological and environmental conditions.
To achieve a long-term average catch approximating MSY, an MSY control
rule is determined. The MSY control rule can be a harvest rate equal to
a conservative estimate of natural mortality. The MSY stock size is
then determined as the average size of the stock that would be achieved
under the MSY control rule. MSY stock size is measured in terms of
mature biomass, or a proxy thereof. MSY stock size is the minimum
standard for a rebuilding target when a stock is considered overfished.
MSY, the MSY control rule, and MSY stock size are then used to
determine the minimum stock size threshold (MSST) and maximum fishing
mortality threshold (MFMT), which are used to determine whether a stock
or stock complex is overfished. The MSST is the greater of one half the
MSY stock size, or the minimum stock size at which rebuilding to the
MSY level would be expected to occur within 10 years if the stock or
stock complex were exploited at the MFMT. If the actual size of the
stock in a given year falls below MSST, the stock is considered
``overfished.'' MFMT is defined by the MSY control rule and is
expressed as the MSY fishing mortality rate, Fmsy = M, a
conservative estimate of the natural mortality value. Exceeding the
MFMT for a period of 1 year or more constitutes overfishing.
The OY from a fishery provides a target harvest level and provides
for rebuilding overfished stocks to a level consistent with producing
MSY. OY equals the amount of fish that will provide the greatest
overall benefit to the Nation. OY is based on MSY as reduced by
relevant social, economic, and ecological factors. OY is calculated to
determine the optimum harvest level over the long term. In the case of
an overfished fishery, OY provides for rebuilding to a level consistent
with producing the MSY for the fishery.
NMFS is required to notify the Council once NMFS determines that
overfishing is occurring, a stock or stock complex is overfished, a
stock or stock complex is approaching its MSST, or the rate or level of
fishing mortality for a stock or stock complex is approaching MFMT. The
Council then must take action to develop a rebuilding plan within 1
year. The Council may implement interim measures to reduce overfishing
until the rebuilding plan is in place. The rebuilding plan can either
be an FMP, an FMP amendment, or a proposed rule that accomplishes the
purposes outlined in the national standard guidelines to end
overfishing and rebuild the overfished stock or stock complex.
Furthermore, the Council action must specify a time period for
rebuilding the stock or stock complex that satisfies the Magnuson-
Stevens Act.
In April 1998, the Council and its Advisory Panel (AP) and
Scientific and Statistical Committee (SSC) reviewed a draft analysis of
alternatives for revising the existing overfishing definitions. On May
1, 1998, NMFS published revised advisory guidelines to assist regional
fishery management councils in updating FMPs for consistency with the
Magnuson-Stevens Act. In June 1998, the Council took final action on
amendments to bring the BSAI crab and scallop FMPs into compliance with
the Magnuson-Stevens Act and the national standard guidelines (50 CFR
600.310). Each of these proposed amendments, if approved, would
redefine overfishing, MSY, and OY based on the biology of the stock,
the fishing history, and the quality of available data.
Bering Sea/Aleutian Islands King and Tanner Crabs
NMFS manages the king and Tanner crab fisheries in the Exclusive
Economic Zone (EEZ) (3 to 200 miles offshore) of the Bering Sea and
Aleutian Islands off Alaska under the BSAI crab FMP. The Council
prepared this FMP pursuant to the Magnuson-Stevens Act. NMFS approved
the FMP, and it became effective in 1989. It is a framework FMP that,
with oversight from the Council and NMFS, defers management of the crab
resources in the BSAI to the State of Alaska (State). The FMP contains
three categories of management measures: (1) Specified Federal
management measures that require an FMP amendment to change; (2)
framework type management measures, with criteria set out in the FMP
that the State must follow when implementing changes in State
regulations; and (3) measures that are neither rigidly specified nor
frameworked in the FMP and that may be freely adopted or modified by
the State, subject to applicable Federal laws and review (explained in
the BSAI crab FMP, available from the Council: see ADDRESSES).
Amendment 7 to the BSAI crab FMP would improve management of the
BSAI crab fisheries by instituting conservation and management measures
that would (1) prevent overfishing, (2) achieve OY on a continuing
basis, and (3) update the BSAI crab FMP with new information.
Revised Definitions of OY, MSY, and Overfishing
Amendment 7 would establish criteria for estimating OY and
overfishing levels for BSAI crab stocks. The BSAI Crab Plan Team
developed these criteria based on species life history characteristics
and trends in stock biomass estimates. OY, MSY, and threshold levels
proposed in Amendment 7 were derived from definitions contained in the
Magnuson-Stevens Act and the national standard guidelines.
MSY represents the average of sustainable yield (SY) over a
suitable period of time, where SY is a fraction of the total mature
biomass (male and female) for a given year. The BSAI Crab Plan Team
estimated MSY from the best scientific information available. However,
the scientific information required to determine MSY was not available
for several BSAI crab stocks. In these cases, proxy stocks have been
used to estimate MSY. Table 1 of the Environmental Assessment for
Amendment 7 sets forth estimates of MSY for BSAI crab species (see
ADDRESSES). The MSY control rule for king and Tanner crabs is the
mature biomass of a stock, or proxy thereof, exploited at a fishing
mortality rate equal to a conservative estimate of natural mortality,
M, which is M=0.2 for all king crab species and M=0.3 for all Tanner
crab species. For BSAI crab, the MSY stock size is the average mature
biomass observed over the past 15 years, from 1983 to 1997.
Amendment 7, in establishing the MSY, allows the establishment of
the threshold level of abundance below which the stock is considered
overfished. Overfishing is defined for king and Tanner crab stocks in
the BSAI as any rate of fishing mortality in excess of the MFMT for a
period of 1 year or more. MFMT, defined by the MSY control rule, is
expressed as the MSY fishing mortality rate, Fmsy = M. The
MSST is specified as one-half of the MSY stock size. If stock abundance
falls below MSST, the stock is considered overfished and the guidelines
specify that a rebuilding plan must be prepared for the stock.
These definitions are part of the FMP framework. The Crab Plan Team
and the Council will review the definitions every 5 years or when
environmental conditions indicate a regime shift. At that time, MSY can
be recalculated to take into account changes in the environment, in
which case MSY, OY,
[[Page 66114]]
and MSST would be changed in the FMP.
The State determines the allowable catch for the commercial crab
fisheries by annually setting guideline harvest levels (GHLs) based on
estimates of stock abundance. Annual establishment of crab GHLs is a
``category two'' management measure, which means the State determines
the GHLs following criteria established in the FMP and with Federal
oversight. Because they are based on crab abundance, GHLs can be set
higher than MSY and the upper range of OY for a given fishing season,
as long as the MSY and OY are not exceeded on a continuing basis.
Therefore, in a year when stock abundance is higher than the MSY stock
size, the GHL can exceed OY and MSY, without constituting overfishing.
For example, if the Bristol Bay red king crab stock continues to
rebuild as projected, the stock may be abundant enough to warrant a GHL
higher than the MSY. If that occurs, the fleet would still be allowed
to harvest the GHL in that year.
Currently, the Bering Sea C. bairdi Tanner crab spawning biomass is
below the MSST and, hence, would be deemed ``overfished'' under
Amendment 7. Estimated spawning biomass of Tanner crabs from the 1997
survey was 64.2 million lb (29,121 metric tons (mt)), well below the
MSST of 94.8 million lb (43,001 mt). If Amendment 7 is approved by
NMFS, the Council will be required to develop a rebuilding plan for
this stock within 1 year.
Update the BSAI Crab FMP
The BSAI Crab FMP has never been updated from the original draft of
January 24, 1989. Since that time, six FMP amendments have been
approved, but the amendment language has not been included in the FMP
text. The 1989 BSAI Crab FMP does not provide readers with a clear
understanding of conservation and management measures that have been
implemented for the BSAI crab fisheries. In addition, the 1989 FMP does
not include catch data and other scientific information from the past
10 years. Other changes have also occurred, including changes to the
Magnuson-Stevens Act and other laws, a Russian/U.S. boundary agreement,
and development of a Federal/State Action Plan.
For these reasons, the Crab Plan Team and the Council have proposed
revisions to the FMP to bring it up to date. These proposed changes
were discussed and reviewed over the course of several public meetings
that occurred during the period 1995-1998. Proposed changes would
include incorporating previously approved FMP amendment language,
updating figures, tables, and appendix language, editorial housekeeping
changes, and adding language in accordance with requirements of the
Magnuson-Stevens Act. New sections would be added to include an
Executive Summary, a Federal/State Action Plan, the Alaska Board of
Fisheries regulations on Category 2 petitions, Species Profiles, and
Coastal Community Profiles.
Scallops
A Federal FMP for the scallop fishery was recommended by the
Council in April 1995, and NMFS approved it on July 26, 1995. The FMP
defers scallop management to the State because the State has managed
the scallop fishery in the EEZ and in Alaskan State waters since the
fishery began in 1968. The FMP covers all fisheries for weathervane
scallops (Patinopecten caurinus), pink scallops (Chlamys rubida), spiny
scallops (Chlamys hastata), rock scallops (Crassadoma gigantea), and
all other scallop species in the waters off Alaska. Only weathervane
scallops are harvested commercially at this time.
Amendment 6 is proposed to amend the scallop FMP by redefining
overfishing, OY, and MSY, to bring the FMP into compliance with the
Magnuson-Stevens Act. This amendment also would add information on
State bycatch monitoring and reduction programs.
The Scallop Plan Team recommended definitions of MSY, OY, and
overfishing for weathervane scallop stocks based on life history data
and observed catch history. For the weathervane scallop stocks, biomass
has not been estimated, age data from the fishery are lacking, and no
comprehensive surveys have been conducted. Therefore, MSY can not be
estimated based on scallop biomass.
MSY for weathervane scallops is based on the average catch from
1990-1997, excluding 1995, when the fishery was closed due to
overfishing concerns. The 1990-1997 time frame reflects prevailing
ecological conditions. OY is specified as a range extending from zero
to MSY. The MSY control rule for weathervane scallops consists of a
constant harvest rate equal to the estimated natural mortality rate of
0.13. MSY stock size is MSY divided by natural mortality. A MSST for
weathervane scallops is established based on \1/2\ MSY stock size. If
the stock fell below this threshold, the stock would be considered
overfished. Overfishing of weathervane scallop stocks is then defined
as a fishing rate in excess of the natural mortality rate,
Foverfishing=M=0.13. It should be noted that the current
upper ends of the GHL ranges for each scallop management area, when
combined, exceed the upper bound of OY.
In the future, better quantitative estimates of appropriate scallop
yields by area may be generated based on analysis of observer data.
Additional information on biomass and long-term potential yield of
pink, spiny, and rock scallops also may be available in the future. At
such time, MSY and OY would be re-estimated and the FMP amended.
Information on Bycatch
The Magnuson-Stevens Act emphasizes the importance of bycatch
effects on achieving sustainable fisheries. National standard 9
mandates that conservation and management measures shall, to the extent
practicable, (1) minimize bycatch and (2), to the extent bycatch cannot
be avoided, minimize the mortality of such bycatch.
Amendment 6 to the Scallop FMP identifies the following bycatch
reduction and monitoring measures the State has implemented in
accordance with national standard 9 of the Magnuson-Stevens Act: At-sea
catch sampling, area closures, bycatch limits, and gear restrictions.
In 1993, the State implemented an observer program to monitor crab
bycatch, as well as collect biological and fishery information on
weathervane scallops in an effort to answer critical management
questions. Efforts are underway to use data collected by observers to
estimate abundance of scallops using a fishery-based stock assessment
model. Other data are collected to define the biological season, define
the time period of highest quality and quantity of product, gain
insights into scallop recruitment and maturity, estimate the number and
weight of discarded scallops, map scallop beds, determine the extent of
bottom area dredged, and calculate catch per unit effort.
Observers collect bycatch data during the fishing season. Observers
identify, count, and record the number of crab and Pacific halibut
encountered, and collect information on the retained and discarded
scallop catch. In addition to enumerating crab, carapace measurements,
shell age, sex, injuries. and mortality are recorded. All Pacific
halibut encountered are measured for length and examined for injuries
and overall body condition. Management areas are closed by emergency
order if established crab bycatch limits are reached.
The Council prepared an EA for each amendment that describes the
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management background, the purpose and need for action, the management
action alternatives, and the environmental and the socio-economic
impacts of the alternatives. A copy of each EA can be obtained from the
Council (see ADDRESSES).
The Director of the Alaska Fisheries Science Center, NMFS, has
certified with reservations that the proposed definitions of
overfishing comply with the provisions of the guidelines at 50 CFR
600.310(d)(5) that an overfishing definition must (1), have sufficient
scientific merit, (2) are likely to result in effective Council action
to protect the stock from closely approaching or reaching an overfished
status, (3) provide a basis for objective measurement of the status of
the stock against the criteria, and (4) are operationally feasible. The
crab and scallop overfishing definitions satisfy criteria (1), (3), and
(4). However, there is not enough information to determine if the
overfishing definitions satisfy criterion (2). Data currently available
for species covered by these FMPs are inadequate to determine whether
the selected MSSTs are greater than the minimum stock size at which
rebuilding to the MSY level would be expected to occur within 10 years
if the stock or stock complex were exploited at the MFMT.
NMFS will consider the public comments received during the comment
period in determining whether to approve Amendment 7 to the BSAI crab
FMP or Amendment 6 to the Scallop FMP. To be considered, comments must
be received by the close of business on the last day of the comment
period specified in this NOA; that does not mean postmarked or
otherwise transmitted by that date.
Dated: November 24, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 98-31997 Filed 1-30-98; 8:45 am]
BILLING CODE 3510-22-F