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

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.

-----------------------------------------------------------------------

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

[[Page 66113]]

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

[[Page 66115]]

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