Posted 5/18/99

Summary of the
Bering Sea/Aleutian Islands
King and Tanner Crab Fishery Management Plan (FMP)

The Fishery Management Plan (FMP) for the Commercial King and Tanner Crab Fisheries in the Bering Sea/Aleutian Islands (BSAI) was approved by the Secretary of Commerce on June 2, 1989. The FMP establishes a State/Federal cooperative management regime that defers crab management to the State of Alaska with Federal oversight. State regulations are subject to the provisions of the FMP, including its goals and objectives, the Magnuson-Stevens Act national standards, and other applicable federal laws. The FMP has been amended several times since its implementation.

The king and Tanner crab FMP is a "framework" plan, allowing for long-term management of the fishery without needing frequent amendments. Therefore, the plan is more general than other FMPs, and establishes objectives and alternative solutions instead of selecting specific management measures. Within the scope of the management goal, the FMP identifies seven management objectives and a number of relevant management measures used to meet these objectives. Several management measures may contribute to more than one objective, and several objectives may mesh in any given decision on a case-by-case basis.

FMP Management Goal

The management goal in the FMP is to maximize the overall long-term benefit to the nation of Bering Sea Aleutian Islands (BSAI) king and Tanner crab stocks by coordinated federal and state management, consistent with responsible stewardship for conservation of the crab resources and their habitats.

FMP Management Objectives

1. Biological Conservation Objective. Ensure the long-term reproductive viability of king and Tanner crab populations.

2. Economic and Social Objective. Maximize economic and social benefits to the nation over time.

3. Gear Conflict Objective. Minimize gear conflict among fisheries.

4. Habitat Objective. Preserve the quality and extent of suitable habitat.

5. Vessel Safety Objective. Provide public access to the regulatory process for vessel safety considerations.

6. Due Process Objective. Ensure that access to the regulatory process and opportunity for redress are available to interested parties.

7. Research and Management Objective. Provide fisheries research, data collection, and analysis to ensure a sound information base for management decisions.

FMP Management Measures

The FMP defers much of the management of the BSAI crab fisheries to the State of Alaska using the following three categories of management measures:

1. Those that are fixed in the FMP and require a FMP amendment to change;
2. Those that are framework-type measures that the state can change following criteria set out in the FMP; and
3 Those measures that are neither rigidly specified nor frame-worked in the FMP.

Management measures in category 1 may be addressed through submission of a proposal to the North Pacific Fishery Management Council (NPFMC). Management measures in categories 2 and 3 may be adopted under state laws subject to the appeals process provided for in the FMP.

Category 1 Management Measures

Legal Gear - The FMP specifically prohibits the use of trawls and tanglenet gear for catching king and Tanner crab because of the high mortality rates that could be inflicted on nonlegal crab.

Permit Requirements - The FMP assumes that all crab fishermen are licenced and vessels are licensed and registered under the laws of the State, and as such, while fishing in the EEZ are subject to all State regulations that are consistent with the FMP, Magnuson-Stevens Act, and other applicable law. Hence, no fishing permits are required for harvesting vessels, except as required by the Moratorium and, in the future, the License Limitation Program.

Federal Observer Requirements - Any vessel fishing for or processing king and Tanner crab in the BSAI shall be required to carry an observer if requested so by the NMFS Regional Administrator.

Limited Access - A system of limited access is a type of allocation of fishing privileges that may be used to promote economic efficiency or conservation. Beginning in 1996, a moratorium on vessels entering the BSAI crab fisheries was implemented. This moratorium will be in effect until superseded by implementation of the License Limitation System that was approved by the Secretary in 1997.

Norton Sound Superexclusive Area Registration - The FMP establishes the Norton Sound section of the Norther District king crab fishery as a superexclusive registration area. Any vessel registered and participating in this fishery would not be able to participate in other BSAI king crab fisheries.

Category 2 Management Measures

Minimum Size Limits - Under the FMP, the state can adjust size limits within the constraints of available information. Biological considerations are used to establish minimum legal size limits to ensure that conservation needs are served. Preference for larger crabs based upon market and other economic considerations is accommodated by industry rather than through regulation.

Guideline Harvest Levels - The FMP authorizes the state to set preseason guideline harvest levels (GHLs), which limit the total annual harvest of crab. Seasons or areas may be closed when the GHL is reached, or earlier or later based on current inseason information.

Inseason Adjustments - When an event occurs inseason that affects preseason predictions, or a preseason prediction proves to be incorrect, compensatory inseason adjustments must be made to keep the management system on track toward meeting the biological and economic objectives of the FMP. The FMP authorizes the state to make inseason adjustments to GHLs, to fishing period lengths, and to close areas under state regulations.

District, Subdistrict, and Section Boundaries - The FMP authorizes the state to adjust district, subdistrict, and section boundaries to manage reasonably distinct stock of crab.

Fishing Seasons - Under the FMP, fisheries should be closed during sensitive biological periods to protect crab from mortality caused by handling and stress when shells are soft, and to maximize meat recovery by delaying harvest until the shells have filled out. Fisheries conducted during sensitive biological periods should prevent any irreparable damage to the stocks.

Sex Restrictions - The FMP authorizes an experimental harvest and processing of females when a surplus is determined to be available; otherwise female crabs may not be taken. The surplus would be dependent on the number of crabs above the threshold amount used in the spawning stock calculation of optimum yield. When a surplus of crabs exists, harvest is by state permit if fishermen provide accurate documentation of harvest rates and location, and processing and marketing results are made available to the management agency.

Pot Limits - The FMP authorizes the state to use pot limits to attain the biological conservation objective and the economic and social objective of the FMP. Pot limits must be designed in a nondiscriminatory manner. Pot limits are warranted to restrict deployment of excessive amounts of gear to attain the biological conservation objective in the event of pot loss to advancing ice cover that may result in wastage. Pot limits may also be warranted to restrict excessive amounts of gear to allow a small guideline harvest level from a depressed stock to attain the economic and social objective within biological conservation constraints.

Registration Areas - The FMP adopts existing state registration areas within the BSAI fishery management unit. The management unit is divided by the state into three king crab registration areas - Bering Sea, Bristol Bay, and Aleutian Islands and one Tanner crab registration area - Westward. Registration areas may be further divided into fishing districts, subdistricts, and sections for purposes of management and reporting. State regulations require vessels to register for fishing in these areas, and may require vessels to register for specific districts within a registration area. Registration areas may be designated as either exclusive or nonexclusive. Vessels can register for any one exclusive area but cannot fish in any other exclusive area during the registration year. Vessels can fish any or all nonexclusive areas.

Closed Waters - The FMP recognizes the current state regulations that prohibit commercial fishing for king crab in waters within 10 miles of mean lower low water around St. Lawrence, King, and Little Diomede Islands. The FMP also recognizes the state closure to protect the Norton Sound subsistence king crab fishery. The state may designate new closed water areas or expand or reduce existing state closed water areas in order to meet state subsistence requirements.

Category 3 Management Measures

Reporting Requirements - Reporting requirements for catchers and processors are important component in achieving the biological conservation, economic, social, research, and management objectives of the FMP.

Gear Placement and Removal - Placement of unbaited gear, with doors secured open on the fishing grounds before and after a season, has been allowed within certain limits.

Gear Storage - Crab pots are generally stored on land or in designated storage areas at sea.

Vessel Tank Inspections - Vessel tank (or live-hold) and freezer inspections are required before the opening of a king or Tanner crab fishing season to meet the legal requirements of the states landing laws, provide effort information, and provide for a fair start to the fishery.

Gear Modifications - Pots are the specified legal commercial gear for capturing crab in the BSAI area. An escape mechanism is required on all pots. This mechanism will terminate a pots catching and holding ability in case the pot is lost. Escape areas may be incorporated or mesh size adjusted to allow the escape of nonlegal crabs. Various devices may be added to pots to prevent capture of other species.

Bycatch Limits - The state may implement bycatch limits of crab in crab fisheries managed under the FMP.

State Observer Requirements - The state may place observers aboard crab fishing or processing vessels to obtain catch, effort, and biological data. The state currently has a mandatory observer requirement on all catcher/processors and floating processors participating in the king, Tanner, and snow crab fisheries as a condition of obtaining a processing permit. It is important that the state observer program and any future federal observer program be coordinated.

Other - State government is not limited to only the management measures described in the FMP. Implementation of other management measures not described in the FMP must be consistent with the FMP, the Magnuson-Stevens Act, and other applicable federal laws, and may occur only after consultation with the NPFMC. Other management measures the state may implement are subject to the review and appeals procedures described in the FMP.