Amendment 5 to the 2006 Consolidated Atlantic Highly

Amendment 5 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan: Issues and Options Highly Migratory Species Management Division NMFS/NOAA October 2011

Overview § Need for Action § Recent Shark Stock Assessments ØScalloped Hammerhead ØDusky ØSandbar ØBlacknose § Possible Management Alternatives § Request for Comments 2

Need for Action Ø 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 Ø New management measures must be implemented by April 28, 2013 (2 years from the overfished/overfishing declaration for scalloped hammerhead sharks) 3

Stock Status Shark Species Overfished Overfishing Scalloped Hammerhead Yes* Dusky Yes Sandbar Yes No+ Blacknose: South Atlantic Yes* Blacknose: Gulf of Mexico Unknown* *New stock status +Improved stock status from previous assessment 4

Scalloped Hammerhead Shark 2011 Determination: Overfished; Overfishing occurring § 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 5

Dusky Shark 2011 Final SEDAR stock assessment: Overfished; Overfishing occurring § 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 (F 2009=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 6

Sandbar Shark 2011 Final SEDAR stock assessment: Overfished; Overfishing not occurring § 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) 7

Atlantic Blacknose Shark 2011 Final SEDAR stock assessment: Overfished; Overfishing occurring § 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) 8

Gulf of Mexico Blacknose Shark 2011 Final SEDAR stock assessment: Overfished Unknown; Overfishing Unknown § 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) 9

Possible Management Measures 10

Scalloped Hammerhead Shark Overfished; Overfishing occurring Challenges: § 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) 11

Scalloped Hammerhead Shark Overfished; Overfishing occurring Potential Measures: § 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? 12

Dusky Shark Overfished; Overfishing occurring Challenges and Potential Measures: § 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? 13

Sandbar Shark Overfished; Overfishing not occurring Challenges and Potential Measures: § 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? 14

Blacknose Shark Atlantic: Overfished; Overfishing occurring Gulf of Mexico: Overfished Unknown; Overfishing Unknown Challenges and Potential Measures: § 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 15

Request for Comments Please submit comments to: http: //www. regulations. gov Keyword - “NOAA-NMFS-2011 -0229” NOAA-NMFS-2011 -0229 Comments can also be submitted via fax: 301 -713 -1917, Attn: Peter Cooper Or Mail: NMFS SF 1, 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/AM 5. htm 16

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: 888 -989 -7538; Passcode: 3994893 17

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 18

HMS Management Recent Actions December 14, 2011

Goals Ø Provide brief update on recent actions ØAmendment 4 to the Consolidated HMS FMP ØAmendment 6 to the Consolidated HMS FMP ØElectronic Dealer Reporting System (e. Dealer) 20

Amendment 4 Need for Action Ø NMFS believes there is increasing interest in HMS in the U. S. Caribbean. Ø NMFS recognizes that many HMS regulations established for the continental United States do not well fit the Caribbean region. Ø 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. Ø 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. 21

Amendment 4 The Amendment Process Purpose: NMFS is considering changes to some of the regulations that would apply to the U. S. Caribbean Region Ø Notice of Intent (73 FR 30381) Ø Scoping (73 FR 40301) Ø Findings from the scoping process are summarized in a Predraft Ø Notice of Intent to Prepare and Environmental Assessment (EA) for Amendment 4 - July 13, 2011 (76 FR 41216) Ø 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. Ø 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. 22

Next Steps ü ü ü Scoping: Summer/Fall 2008 Outreach Documents: Spring 2009 Predraft: Summer 2009 Draft EA and Proposed Rule: Winter 2012, 90 day comment period 23

Amendment 6 Catch Shares for Atlantic Shark Fisheries 24

Amendment 6 Notice of Intent (76 FR 57709) Ø NMFS is considering implementing a catch share program for the Atlantic shark fisheries Ø Control Date – September 16, 2011 Ø Please DO NOT request your landings history at this time Ø Feedback on Catch Share Design Elements for the Atlantic Shark Fishery* My Share Ø Workshops Ø End of Comment Period- March 31, 2012 *NOTE: Topics are discussed more fully in the Catch Shares White Paper for the Atlantic Shark Fisheries. Commercial quota 25

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? 26

Design elements NMFS requests feedback for the following catch share design elements for the Atlantic Shark Fisheries Element Description Feedback Additional Management Measures Duration; How should NMFS move forward with these implementation management measures? Transferability (e. g. , Trading/selling shares); Monitoring and data recovery (e. g. , Logbooks, Vessel Monitoring Systems (VMS)); Enforcement; and Cost recovery. 27

Workshops Date Time Meeting Location Address 12/6/2011 5: 00 – 8: 00 Cocoa Beach Library 550 N. Brevard Ave Cocoa 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 St Barnegat, NJ 08005 1/31/2012 6: 00 – 9: 00 Belle Chasse Auditorium 8398 Highway 23 Belle Chasse, LA 70037 2/16/2012 5: 00 – 8: 00 Manteo Town Hall 407 Budleigh St Manteo, NC 27954 28

Next Steps ü Scoping Workshops – Fall 2011/Spring 2012 Pre-Draft – Mid 2012 Proposed Rule – TBD Final Rule - TBD 29

HMS Electronic Dealer (e. Dealer) Reporting System 30

e. Dealer 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 * includes only shark, swordfish, and bigeye, albacore, yellowfin, and skipjack (BAYS) tuna dealers; does not include BFT dealers. 31

Proposed Rule Published: June 28, 2011 (76 FR 37750) 1) Electronic dealer (e. Dealer) reporting requirement All dealers would report commercially-harvested Atlantic HMS, other than BFT, through an e. Dealer 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. 32

Proposed Rule e. Dealer: Reporting frequency Species/ Complex Sharks Current Regulations Bi-weekly Proposed rule* Daily Weekly Criteria Fishing season open for: -non-sandbar large coastal sharks (LCS), -blacknose sharks, and -non-blacknose small coastal sharks (SCS) 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. 33

Proposed Rule e. Dealer: Reporting frequency Species/ Complex Swordfish Current Regulations Bi-weekly Proposed rule* Weekly Criteria Fishing season for both fisheries open BAYS tunas 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. 34

Alternatives Alternative e. Dealer A 1 - Status quo A 2 X A 3 (Preferred alternative) X A 4 X Reporting Frequency First receiver Bi-weekly only shark dealers (exc. for transport) Flexible sharks, swordfish, and BAYS tuna dealers (including transport) (e. g. , weekly/daily; depending on criteria) Weekly Timely Dealer Reporting Eff. date after rule publishes Cost $50 – $75 for dealer permit(s) X 30 days February 2012 $50 – $75 for dealer permit(s) Computer $615 Internet service $50 - $99 per month 35

Next Steps üProposed Rule – Fall 2011 Final Rule – Winter 2012 Ø Rule effective in early 2012 Ø Delaying implementation to allow for outreach with dealers regarding new reporting system Ø Providing e. Dealer Training Workshops 36

Training Workshop Date: December 14, 2011 Location: CFMC meeting room Time: 6: 00 – 8: 00 pm Presenter: Claude Peterson, Bluefin Data LLC Purpose: Introduce and train dealers in the new e. Dealer reporting system (Caribbean version) NMFS will hold additional workshops that will be announced through a notice 37

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 • Le. Ann Southward-Hogan and Guy Dubeck – 301 -427 -8503 Electronic HMS Dealer Reporting (e. Dealer) Considers requiring all·Federallypermitted Atlantic HMS dealers to report commerciallyharvested 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 38