[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Rules and Regulations]
[Pages 61477-61479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19300]


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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 agency decision.

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[[Page 61478]]

SUMMARY: The National Marine Fisheries Service (NMFS) announces the 
approval of Amendment 53 to the Fishery Management Plan for Bering Sea/
Aleutian Islands King and Tanner Crabs (Crab FMP). Amendment 53 adds 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: The amendment was approved on August 31, 2023.

ADDRESSES: Electronic copies of Amendment 53 and the Environmental 
Assessment (referred to as the ``Analysis'') prepared for this action 
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 Notice of Availability (NOA) for Amendment 53 was published in 
the Federal Register on June 15, 2023 (88 FR 39216) with a 60-day 
comment period that ended on August 14, 2023. NMFS received one comment 
during the public comment period on the NOA. NMFS summarized and 
responded to this comment under Comments and Responses, below.
    NMFS determined that Amendment 53 is consistent with the Magnuson-
Stevens Act and other applicable laws, and the Secretary of Commerce 
approved Amendment 53 on August 31, 2023. The June 15, 2023 NOA 
contains additional information on this action. No changes to Federal 
regulations are necessary to implement the Amendment.
    NMFS manages the crab fisheries in the exclusive economic zone 
under the Crab FMP. The North Pacific Fishery Management Council 
(Council) prepared the Crab 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 (AAC) 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 (F<INF>OFL</INF>) 
control rule.
    On October 19, 2021, NMFS determined and notified the Council that 
the EBS snow crab stock was overfished. 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 will 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 
rebuilding plan is consistent with the Magnuson-Stevens Act and with 
National Standard 1 Guidelines on time for rebuilding, specifically 
rebuilding within a time (T<INF>target</INF>) 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 will 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 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 adds Section 6.2.3 to the Crab FMP to include the 
rebuilding plan for EBS snow crab. Under the rebuilding plan, ecosystem 
indicators developed for the stock will 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 will continue throughout rebuilding. The Council's BSAI Crab 
Plan Team will 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 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 Report. The contribution of the rebuilding plan's 
assessment and monitoring to stock recovery will 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

[[Page 61479]]

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).

Comments and Responses

    During the public comment period for the NOA for Amendment 53, NMFS 
received one unique comment from one member of the public. NMFS's 
response to this comment is presented below.
    Comment 1: One commenter expressed general support for this action.
    Response: NMFS acknowledges this comment.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 1, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-19300 Filed 9-6-23; 8:45 am]
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