Amendment 5 to the 2006 Consolidated Atlantic Highly Migratory Species

Fishery Management Plan: Issues and Options

Highly Migratory SpeciesManagement DivisionNMFS/NOAA

October 2011

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Overview Need for Action Recent Shark Stock Assessments

Scalloped HammerheadDuskySandbarBlacknose

Possible Management Alternatives Request for Comments

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Need for Action

New/updated stock assessments for scalloped hammerhead, dusky, sandbar, and blacknose sharks (76 FR 62331) indicate management measures are necessary to end overfishing and rebuild these stocks

New management measures must be implemented by April 28, 2013 (2 years from the overfished/overfishing declaration for scalloped hammerhead sharks)

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Stock Status Shark Species Overfished Overfishing

Scalloped Hammerhead

Yes* Yes*

Dusky Yes Yes

Sandbar Yes No+

Blacknose: South Atlantic

Yes* Yes*

Blacknose: Gulf of Mexico

Unknown* Unknown*

*New stock status+Improved stock status from previous assessment

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Scalloped Hammerhead Shark

Scalloped hammerhead sharks determined to be overfished (45% of BMSY) with overfishing occurring (129% of FMSY) by NMFS on April 28, 2011 (76 FR 23794)

Determination based on Hayes et al., 2009 Stock is estimated to be 17% of virgin stock size An annual TAC of 2,853 sharks is estimated to allow a

70% probability to rebuild the stock in 10 years 20% mortality reduction from 2009 commercial landings,

recreational landings, and dead discards

2011 Determination: Overfished; Overfishing occurring

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Dusky Shark

Dusky sharks continue to be overfished (44% of BMSY) with overfishing occurring (159% of FMSY)

Results based on 2010/2011 Final SEDAR assessment; previous assessment conducted in 2006

An estimated fishing mortality rate of 0.02 may provide a 70% chance of rebuilding by 2099 (F2009=0.06); previous assessment estimated rebuilding by 2400 2/3 reduction in fishing mortality relative to 2009 Current fishing mortality is estimated to have a low

probability (11%) of rebuilding the stock by 2408 TAC ≤ 9.1 mt dw

2011 Final SEDAR stock assessment: Overfished; Overfishing occurring

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Sandbar Shark

Sandbar sharks continue to be overfished (65% of BMSY) Overfishing is no longer occurring (62% of FMSY) Results based on 2010/2011 Final SEDAR stock

assessment; update of 2005/2006 SEDAR 11 assessment Yearrebuild improved from the previous assessment from 2070

to 2066, but stock is slightly more overfished ( 72% to 65% of BMSY)

There is a greater than 70% probability that the stock will rebuild by 2070 with a 2009 TAC (220 mt)

2011 Final SEDAR stock assessment: Overfished; Overfishing not occurring

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Atlantic Blacknose Shark

Atlantic blacknose sharks are overfished (60% of BMSY) Overfishing is occurring (>500% of FMSY) Results based on 2010/2011 Final SEDAR assessment,

now assessed as two stocks (Atlantic and Gulf of Mexico); 2007 assessment assessed as one stock

An annual TAC of 7,300 sharks allows for a 70% probability to rebuild the stock by 2043 Current TAC is 19,200 sharks for the Atlantic and Gulf of

Mexico combined. (current rebuilding estimated at 70% probability by 2027)

2011 Final SEDAR stock assessment: Overfished; Overfishing occurring

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Gulf of Mexico Blacknose Shark

2010/2011 Final SEDAR assessed as two stocks (Atlantic and Gulf of Mexico), the previous assessment in 2007 assessed the stock as one population

In the final assessment the model was unable to fit trends in some abundance indices

Fundamental lack of fit of some of the input data to the model Review Panel did not accept the stock assessment for Gulf of

Mexico blacknose sharks, therefore stock status has been determined to be unknown

Current TAC is 19,200 sharks for the Atlantic and Gulf of Mexico combined. (current rebuilding estimated at 70% probability by 2027)

2011 Final SEDAR stock assessment: Overfished Unknown; Overfishing Unknown

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Possible Management Measures

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Scalloped Hammerhead Shark

Overfished with overfishing occurring, yet generally not directly targeted in commercial shark fisheries

Extremely high at-vessel mortality level in the bottom longline shark fishery (>90%).

Recreational landings estimates of scalloped hammerheads averaged ~1,000 sharks per year from 2006-2009

At-vessel mortality rate in the shark gillnet fishery is estimated to be ~75%

Retention in ICCAT fisheries (com and rec) is now prohibited (Sept. 28, 2011)

Overfished; Overfishing occurring

Challenges:

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Scalloped Hammerhead Shark

Development of a TAC and ACL for scalloped hammerhead sharks, and creating appropriate quotas

Gear restrictions (e.g., limits on BLL mainline length, number of hooks, soak time)

Time/area closures – commercial and/or recreational? Gear tending requirements Individual commercial quota for scalloped hammerhead sharks –

linked or not linked with non-sandbar LCS quota? Bag/Trip limits for commercial and/or recreational fisheries Gear technology (e.g., weak hooks, electropositive metals) Retention prohibition Add to research fishery priorities Others?

Potential Measures:Overfished; Overfishing occurring

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Dusky Shark

Prohibited from commercial and recreational harvest, but F needs to be reduced by 2/3 to reach rebuilding goals

Prohibited species that is not targeted Generally have a high at-vessel mortality rate (~75% on

bottom longline gear; ~50% on pelagic longline gear) Time/Area closures, gear and soak time restrictions,

gear technology may be able to reduce F Other suggestions?

Challenges and Potential Measures:Overfished; Overfishing occurring

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Sandbar Shark

Currently prohibited from recreational harvest; commercial harvest limited to the shark research fishery

Current TAC has >70% probability of rebuilding the stock by 2070

Need to take additional measures?

Overfished; Overfishing not occurring

Challenges and Potential Measures:

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Blacknose Shark

Final assessment has split the stocks Two different stock status results to address Options for TAC allocations under this scenario:

Consider regional allocations based on current TAC and recommended Atlantic blacknose TAC

Reconsider linking blacknose quota to SCS commercial quota

Reconsider recreational size/bag limits Consider blacknose a priority in the research fishery

Atlantic: Overfished; Overfishing occurringGulf of Mexico: Overfished Unknown; Overfishing Unknown

Challenges and Potential Measures:

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Request for Comments

Please submit comments to:http://www.regulations.govKeyword - “NOAA-NMFS-2011-0229”

Comments can also be submitted via fax:301-713-1917, Attn: Peter Cooper

Or Mail:NMFS SF1, 1315 East-West Highway, Silver Spring, MD 20910

Please identify comments with: “Scoping Comments on Amendment 5 to the HMS FMP”

For more information go to: http://www.nmfs.noaa.gov/sfa/hms/FMP/AM5.htm

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Scoping Meetings

Date Time Location Address

October 11 7 - 9 p.m Dolce Seaview Resort

401 South New York Road, Galloway, NJ

October 26 5 - 7 p.m Belle Chasse Auditorium

8398 HWY. 23 Belle Chasse, LA

November 2 4:30 - 6:30 p.m

SEFSC Panama City Laboratory

3500 Delwood Beach Drive, Panama City, FL

November 3 4:30 - 6:30 p.m

Fort Pierce Branch Library

101 Melody Lane,Fort Pierce, FL

December 7 4:30 - 6:30 p.m

NCDMF Central District Office

5285 HWY. 70 West/Arendell Street, Morehead City, NC

December 15 2 - 4 p.m Conference Call Call: 888-989-7538;Passcode: 3994893

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Amendment 5 Timeline

Comment period for scoping: Dec. 31, 2011 Predraft to AP: Early 2012 Proposed Rule and EIS: Mid-2012 Final EIS: Late 2012 / Early 2013 Final Rule: Early 2013

HMS Management Recent Actions

December 14, 2011

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Provide brief update on recent actionsAmendment 4 to the Consolidated HMS FMPAmendment 6 to the Consolidated HMS FMPElectronic Dealer Reporting System (eDealer)

Goals

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Need for Action

NMFS believes there is increasing interest in HMS in the U.S. Caribbean.

NMFS recognizes that many HMS regulations established for the continental United States do not well fit the Caribbean region.

NMFS is developing an amendment to address the issues that are unique to the Caribbean, such as improving the permitting process and data collection and enhancing enforcement of regulations.

Such changes are needed to ensure compliance with U.S. regulations and that the United States is in compliance with multilateral treaties relating to HMS.

Amendment 4

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The Amendment ProcessPurpose: NMFS is considering changes to some of the regulations that

would apply to the U.S. Caribbean Region Notice of Intent (73 FR 30381) Scoping (73 FR 40301) Findings from the scoping process are summarized in a Predraft Notice of Intent to Prepare and Environmental Assessment (EA) for Amendment

4 - July 13, 2011 (76 FR 41216) NMFS is currently developing a draft EA and proposed rule. The public will be

provided opportunity to comment on the draft EA and proposed rule. NMFS will address and consider the public’s comments and designate the

preferred management measures in a final EA and implement those measures in a final rule.

Amendment 4

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Scoping: Summer/Fall 2008

Outreach Documents: Spring 2009

Predraft: Summer 2009

Draft EA and Proposed Rule: Winter 2012, 90 day

comment period

Next Steps

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Amendment 6Catch Shares for Atlantic Shark Fisheries

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NMFS is considering implementing a catch share program for the Atlantic shark fisheries Control Date – September 16, 2011 Please DO NOT request your landings history at this time Feedback on Catch Share Design Elements for the Atlantic

Shark Fishery* Workshops End of Comment Period- March 31, 2012

Amendment 6

Commercial quota

My Share

Notice of Intent (76 FR 57709)

*NOTE: Topics are discussed more fully in the Catch Shares White Paper for the Atlantic Shark Fisheries.

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Design elements

Element Description Feedback

Region Gulf of Mexico (GOM), Atlantic (ATL)

Should NMFS include all regions or only GOM?

Resource unit Species, stocks, or aggregations with a total allowable catch (TAC)

Which species, species complexes, and gears should be included? Limit to commercial or include the recreational fishery as well?

Initial Allocation Determines distribution of shares among participants. The allocation formula/method selected affects eligibility to receive an allocation.

Which allocation formula / method should be used to determine initial allocation?

Eligibility The entities eligible to receive an initial allocation and subsequent transfer.

Should the catch share program limit eligibility to substantial participants in the fishery or adhere to more general criteria?

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Design elements

Element Description Feedback

Additional Management Measures

Duration;

Transferability (e.g., Trading/selling shares);

Monitoring and data recovery (e.g., Logbooks, Vessel Monitoring Systems (VMS));

Enforcement; and

Cost recovery.

How should NMFS move forward with these implementation management measures?

NMFS requests feedback for the following catch share design elements for the Atlantic Shark Fisheries

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Workshops

Date Time Meeting Location Address

12/6/2011 5:00 – 8:00 Cocoa Beach Library 550 N. Brevard AveCocoa Beach, FL 32931

12/13/2011 5:00 – 8:00 Gulf Beaches Library 200 Municipal Dr.Madeira Beach, FL 33708

1/12/2012 6:00 – 9:00 Barnegat Branch Library

112 Burr StBarnegat, NJ 08005

1/31/2012 6:00 – 9:00 Belle Chasse Auditorium

8398 Highway 23Belle Chasse, LA 70037

2/16/2012 5:00 – 8:00 Manteo Town Hall 407 Budleigh StManteo, NC 27954

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Scoping Workshops – Fall 2011/Spring 2012

Pre-Draft – Mid 2012

Proposed Rule – TBD

Final Rule - TBD

Next Steps

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HMS Electronic Dealer (eDealer) Reporting System

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Modify existing reporting requirements for all Federal Atlantic HMS dealers* to:• Allow timely, efficient, and accurate dealer reporting; and• Improve quota monitoring of Atlantic HMS

• Proposed Rule published: June 28, 2011 (76 FR 37750)• Comment Period Ended: August 12, 2011 • Hearings in Peabody, MA; Bronx, NY; Atlantic City, NJ, Manteo,

NC; Panama City, Orlando, Miami, FL; & Kenner, LA • Received 35 comments submitted via fax, phone, mail, or

internet

eDealer

* includes only shark, swordfish, and bigeye, albacore, yellowfin, and skipjack (BAYS) tuna dealers; does not include BFT dealers.

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1)Electronic dealer (eDealer) reporting requirement All dealers would report commercially-harvested Atlantic HMS, other than BFT, through an eDealer system on a more frequent basis.

2)First receiver requirement All first receivers of commercially-harvested Atlantic HMS (including

extensions of a dealer's place of business, such as a truck) would need to obtain the appropriate HMS dealer permit.

3)Timely dealer report requirement Dealers would only be authorized to receive commercially-harvested

HMS if they have submitted timely reports to NMFS.

Proposed RulePublished: June 28, 2011 (76 FR 37750)

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Proposed Rule

eDealer: Reporting frequencySpecies/ Complex Current

RegulationsProposed

rule*Criteria

Sharks Bi-weekly DailyFishing season open for:-non-sandbar large coastal sharks (LCS),-blacknose sharks, and -non-blacknose small coastal sharks (SCS)

Weekly Fishing season closed for:-LCS-blacknose sharks-SCS

*Notice will be published in the Federal Register with at least 3 calendar days notice of any changes in required reporting frequency. Dealers would also be notified by e-mail, and notices would be available on the HMS Management Division's webpage.

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Proposed Rule

eDealer: Reporting frequencySpecies/ Complex

Current Regulations

Proposed rule* Criteria

Swordfish

BAYS tunas

Bi-weekly Weekly Fishing season for both fisheries open

Daily 80% of the swordfish directed fishery quota is attained or as necessary for BAYS tunas management

*Notice will be published in the Federal Register with at least 3 calendar days notice of any changes in required reporting frequency. Dealers would also be notified by e-mail, and notices would be available on the HMS Management Division's webpage.

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Alternatives

Alternative eDealer Reporting Frequency First receiver Timely Dealer

Reporting

Eff. date after rule publishes

Cost

A1- Status quo

Bi-weekly only shark dealers (exc. for

transport)

$50 – $75 for dealer permit(s)

A2 X Flexible

(e.g., weekly/daily; depending on criteria)

sharks, swordfish, and

BAYS tuna dealers

(including transport)

X 30 days$50 – $75 for dealer permit(s)

Computer $615

Internet service

$50 - $99 per month

A3 (Preferredalternative)

X February 2012

A4 X Weekly February2012

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Proposed Rule – Fall 2011

Final Rule – Winter 2012

Next Steps

Rule effective in early 2012Delaying implementation to allow for outreach with

dealers regarding new reporting systemProviding eDealer Training Workshops

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Training Workshop

Date: December 14, 2011

Location: CFMC meeting room

Time: 6:00 – 8:00pm

Presenter: Claude Peterson, Bluefin Data LLC

Purpose: Introduce and train dealers in the new eDealer reporting system (Caribbean version)

NMFS will hold additional workshops that will be announced through a notice

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Summary

Upcoming HMS

Rulemaking

Overview Dates Point of Contact

Amendment 4 Considers changes to some of the regulations that would apply to the U.S. Caribbean Region

• Draft EA and Proposed Rule – Winter 2012- 90 day comment period

•Greg Fairclough (727) – 824-5399;

Amendment 6 Considers a catch share program for the Atlantic shark fisheries

• Scoping Workshop –Fall 2011- /Spring 2012

• Pre-Draft – Mid 2012• Proposed Rule-TBD• Final Rule- TBD•CPE- March 31, 2012

•LeAnn Southward-Hogan and Guy Dubeck – 301-427-8503

Electronic HMS Dealer Reporting (eDealer)

Considers requiring all·Federally-permitted Atlantic HMS dealers to report commercially-harvested Atlantic sharks, swordfish, and BAYS tunas to NMFS through an electronic reporting system on a more frequent basis.

• Proposed Rule: published 6/28/11, CPE-8/12/11

• Working on Final Rule• Implementation: 2012

• Delisse Ortiz (301)-427-8503 and Jackie Wilson (240) 338-3936