Public Hearing Draft Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands

This document pertains to the proposed amendments, including Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands, as well as Amendment 5 to the Reef Fish Fishery Management Plan of Puerto Rico and the U.S. Virgin Islands. The amendments aim to address key aspects of the management plans to ensure sustainable practices and conservation of the marine resources in the region. Stakeholders and interested parties are encouraged to review the draft amendments and provide feedback during the public hearing process.

• Public Hearing
• Draft Amendment
• Fishery Management Plan
• Puerto Rico
• U.S. Virgin Islands

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1. PUBLIC HEARING DRAFT AMENDMENT 2 TO THE FISHERY MANAGEMENT PLAN FOR THE QUEEN CONCH FISHERY OF PUERTO RICO AND THE U.S. VIRGIN ISLANDS AND AMENDMENT 5 TO THE REEF FISH FISHERY MANAGEMENT PLAN OF PUERTO RICO AND THE U.S. VIRGIN ISLANDS (with Draft Environmental Impact Statement) (March 24 2010) Caribbean Fishery Management Council 134thMeeting April 7-8 2010 St. Thomas, U.S. Virgin Islands

2. MANAGEMENT ALTERNATIVES 4.1 ACTION 1: Amend the Stock Complexes in the Reef Fish Fishery Management Units (FMU) 4.1.1 Action 1(a) Grouper units complex Alternative 1. No action. Do not change the species groupings within the grouper FMU. Alternative 2. (PREFERRED) Separate Grouper Unit 4 into Grouper Unit 4 (yellowfin, red, tiger, and black grouper) and Grouper Unit 5 (yellowedge and misty grouper). Move creole-fish from Grouper Unit 3 into the data collection only unit.

3. MANAGEMENT ALTERNATIVES 4.1.2 Action 1(b) Snapper units Alternative 1. No action. Do not change the species groupings within the snapper FMU. Alternative 2. (PREFERRED) Modify the snapper FMU by adding cardinal snapper (Pristipomoides macrophthalmus) to Snapper Unit 2 and moving wenchman (Pristipomoides aquilonaris) into Snapper Unit 1.

4. MANAGEMENT ALTERNATIVES

5. MANAGEMENT ALTERNATIVES 4.2 ACTION 2: MANAGEMENT REFERENCE POINTS 4.2.1 Action 2(a) Snapper, Grouper and Parrotfish Complexes Action 2(a) proposes to redefine management reference points for species/species groups within the snapper, grouper and parrotfish complexes. The composition and classification of these species/species groups in NMFS report to Congress on the status of U.S. marine fisheries is described in Table 2.2.1. Snapper Unit 1, Grouper Units 1 and 4, and the Parrotfish Unit are classified as undergoing overfishing; however, the status of these species groups has not been assessed since the Council and NMFS implemented measures to address overfishing through the Comprehensive SFA Amendment. Grouper Units 1, 2 and 4 are classified as overfished and are entering the sixth year of rebuilding plans designed to rebuild those species/species groups by 2029, 2034 and 2014, respectively.

6. Alternative 1. No action. Retain current management reference points for species/species groups within the snapper, grouper and/or parrotfish complexes. REFERENCE POINT STATUS QUO DEFINITION MSY proxy = C / [(Fcurr/Fmsy) x (Bcurr/Bmsy)]; where C is calculated based on commercial landings for the years 1997-2001 for Puerto Rico and 1994-2002 for the USVI, and on recreational landings for the years 2000-2001. MFMT = Fmsy OY = average yield associated with fishing on a continuing basis at Foy; where Foy = 0.75Fmsy Maximum Sustainable Yield Overfishing Threshold Optimum Yield

7. MANAGEMENT ALTERNATIVES Alternative 2. (PREFERRED) Redefine management reference points for the snapper, grouper and/or parrotfish complexes based on the longest reliable time series of pre-SFA catch data that promotes consistency among the islands.

8. REFERENCE POINT ALTERNATIVE 2 (PREFERRED) MSY proxy = average annual commercial catch from 1999- 2005 for Puerto Rico and STX and from 2000-2005 for STT/STJ + average annual recreational catch from MRFSS during 2000-2005 for Puerto Rico OFL = MSY proxy; overfishing occurs when annual catches exceed the OFL. OFL = MSY proxy; overfishing occurs when annual catches exceed the OFL unless NMFS Southeast Fisheries Science Center (in consultation with the Caribbean Fishery Management Council and its Scientific and Statistical Committee) determines the overage is not due to changes in data reporting or to improvements in data collection and monitoring. (PREFERRED for groupers, snappers, parrotfish) Maximum Sustainable Yield Overfishing Threshold Alternative 2(a) Alternative 2(b) Optimum Yield/Annual Catch Limit Alternative 2(c) Alternative 2(d) OY=ACL = OFL OY=ACL = OFL x (0.85) OY=ACL = OFL x (0.75) (PREFERRED for snappers, groupers and parrotfish) OY=ACL = OFL x (0.50) OY=ACL = ABC specified by Scientific and Statistical Committee OY=ACL = 0 (Grouper Units 1 and 2) (PREFERRED for GU1, GU2 and midnight, blue and rainbow parrotfish)*) *Consult about ACL=0 or prohibit possession of the 3 parrotfish Alternative 2(e) Alternative 2(f) Alternative 2(g) Alternative 2(h)

9. MANAGEMENT ALTERNATIVES Alternative 3. Redefine management reference points for the snapper, grouper and/or parrotfish complexes based on the longest reliable time series of catch data that promotes consistency among the islands.

10. REFERENCE POINT ALTERNATIVE 3 MSY proxy = average annual commercial catch from 1999- 2007 for Puerto Rico and STX and from 2000-2007 for STT/STJ + average annual recreational catch from MRFSS during 2000-2007 for Puerto Rico OFL = MSY; overfishing occurs when annual catches exceed the OFL. OFL = MSY; overfishing occurs when annual catches exceed the OFL and NMFS Southeast Fisheries Science Center (in consultation with the Caribbean Fishery Management Council and its Scientific and Statistical Committee) determines the overage occurred because catches increased versus because data collection/monitoring improved. Maximum Sustainable Yield Overfishing Threshold Alternative 3(a) Alternative 3(b) Optimum Yield/Annual Catch Limit Alternative 3(c) Alternative 3(d) Alternative 3(e) Alternative 3(f) Alternative 3(g) OY proxy/ACL = OFL OY proxy/ACL = OFL x (0.85 uncertainty scaler) OY proxy/ACL = OFL x (0.75 uncertainty scaler) OY proxy/ACL = OFL x (0.50 uncertainty scaler) OY proxy/ACL = ABC specified by Scientific and Statistical Committee OY proxy/ACL = 0 (Grouper Units 1&2 only) Alternative 3(h)

11. MANAGEMENT ALTERNATIVES Alternative 4. Redefine management reference points for the snapper, grouper and/or parrotfish complexes based on recent catch data.

12. REFERENCE POINT ALTERNATIVE 4 MSY proxy = average annual commercial catch from 2003- 2007 for Puerto Rico and the USVI + average annual recreational catch from MRFSS during 2003-2007 for Puerto Rico OFL = MSY; overfishing occurs when annual catches exceed the OFL. OFL = MSY; overfishing occurs when annual catches exceed the OFL and NMFS Southeast Fisheries Science Center (in consultation with the Caribbean Fishery Management Council and its Scientific and Statistical Committee) determines the overage occurred because catches increased versus because data collection/monitoring improved. Maximum Sustainable Yield Overfishing Threshold Alternative 4(a) Alternative 4(b) Optimum Yield/Annual Catch Limit Alternative 4(c) Alternative 4(d) Alternative 4(e) Alternative 4(f) Alternative 4(g) OY proxy/ACL = OFL OY proxy/ACL = OFL x (0.85 uncertainty scaler) OY proxy/ACL = OFL x (0.75 uncertainty scaler) OY proxy/ACL = OFL x (0.50 uncertainty scaler) OY proxy/ACL = ABC specified by Scientific and Statistical Committee OY proxy/ACL = 0 (Grouper Units 1&2 only) Alternative 4(h)

13. MANAGEMENT ALTERNATIVES 4.2.2Action 2(b) Queen Conch Complex Action 2(b) proposes to redefine management reference points for the queen conch complex. Queen conch is currently classified as overfished and subject to overfishing in NMFS report to Congress on the status of U.S. marine fisheries. However, the status of this species has not been assessed since the Council and NMFS implemented measures to address overfishing through the Comprehensive SFA Amendment. Queen conch is currently entering the sixth year of a rebuilding plan designed to rebuild the stock by 2019. Alternative 1. No action. Retain current management reference points for the queen conch complex.

14. MANAGEMENT ALTERNATIVES Alternative 1. No action. Retain current management reference points for the queen conch complex. REFERENCE POINT STATUS QUO DEFINITION MSY proxy = C / [(Fcurr/Fmsy) x (Bcurr/Bmsy)]; where C is calculated based on commercial landings for the years 1997-2001 for Puerto Rico and 1994-2002 for the USVI, and on recreational landings for the years 2000-2001. MFMT = Fmsy OY = average yield associated with fishing on a continuing basis at Foy; where Foy = 0.75Fmsy Maximum Sustainable Yield Overfishing Threshold Optimum Yield

15. MANAGEMENT ALTERNATIVES Alternative 2. (PREFERRED) Redefine management reference points for queen conch based on the longest reliable time series of pre-SFA catch data that promotes consistency among the islands.

16. REFERENCE POINT ALTERNATIVE 2 (PREFERRED) MSY proxy = average annual commercial catch from 1999- 2005 for Puerto Rico and STX and from 2000-2005 for STT/STJ. OFL = MSY proxy; overfishing occurs when annual catches exceed the OFL. OFL = MSY proxy; overfishing occurs when annual catches exceed the OFL unless NMFS Southeast Fisheries Science Center (in consultation with the Caribbean Fishery Management Council and its Scientific and Statistical Committee) determines the overage is not due to changes in data reporting or to improvements in data collection and monitoring. (PREFERRED) Maximum Sustainable Yield Overfishing Threshold Alternative 2(a) Alternative 2(b) Optimum Yield/Annual Catch Limit Alternative 2(c) OY=ACL = average annual landings from 1999-2005 for St. Croix OY=ACL = average annual landings from 1999-2005 for St. Croix x (0.85) OY=ACL = average annual landings from 1999-2005 for St. Croix x (0.75) OY=ACL = average annual landings from 1999-2005 for St. Croix x (0.50) OY=ACL = ABC specified by Scientific and Statistical Committee (PREFERRED) OY=ACL = 0 Alternative 2(d) Alternative 2(e) Alternative 2(f) Alternative 2(g) Alternative 2(h)

17. MANAGEMENT ALTERNATIVES Alternative 3. Redefine management reference points for queen conch based on the longest reliable time series of catch data that promotes consistency among the islands.

18. REFERENCE POINT ALTERNATIVE 3 MSY proxy = average annual commercial catch from 1999- 2007 for Puerto Rico and STX and from 2000-2007 for STT/STJ. OFL = MSY; overfishing occurs when annual catches exceed the OFL. OFL = MSY; overfishing occurs when annual catches exceed the OFL and NMFS Southeast Fisheries Science Center (in consultation with the Caribbean Fishery Management Council and its Scientific and Statistical Committee) determines the overage occurred because catches increased versus because data collection/monitoring improved. Maximum Sustainable Yield Overfishing Threshold Alternative 3(a) Alternative 3(b) Optimum Yield/Annual Catch Limit Alternative 3(c) OY proxy/ACL = average annual landings from 1999-2007 for St. Croix OY proxy/ACL = average annual landings from 1999-2007 for St. Croix x (0.85 uncertainty scaler) OY proxy/ACL = average annual landings from 1999-2007 for St. Croix x (0.75 uncertainty scaler) OY proxy/ACL = average annual landings from 1999-2007 for St. Croix x (0.50 uncertainty scaler) OY proxy/ACL = ABC specified by Scientific and Statistical Committee OY proxy/ACL = 0 Alternative 3(d) Alternative 3(e) Alternative 3(f) Alternative 3(g) Alternative 3(h)

19. MANAGEMENT ALTERNATIVES Alternative 4. Redefine management reference points for queen conch based on recent catch data.

20. REFERENCE POINT Maximum Sustainable Yield Overfishing Threshold ALTERNATIVE 4 MSY proxy = average annual commercial catch from 2003- 2007 for Puerto Rico and the USVI. OFL = MSY; overfishing occurs when annual catches exceed the OFL. OFL = MSY; overfishing occurs when annual catches exceed the OFL and NMFS Southeast Fisheries Science Center (in consultation with the Caribbean Fishery Management Council and its Scientific and Statistical Committee) determines the overage occurred because catches increased versus because data collection/monitoring improved. Alternative 4(a) Alternative 4(b) Optimum Yield/Annual Catch Limit Alternative 4(c) OY proxy/ACL = average annual landings from 2003-2007 for St. Croix OY proxy/ACL = average annual landings from 2003-2007 for St. Croix x (0.85 uncertainty scaler) OY proxy/ACL = average annual landings from 2003-2007 for St. Croix x (0.75 uncertainty scaler) OY proxy/ACL = average annual landings from 2003-2007 for St. Croix x (0.50 uncertainty scaler) OY proxy/ACL = ABC specified by Scientific and Statistical Committee OY proxy/ACL = 0 Alternative 4(d) Alternative 4(e) Alternative 4(f) Alternative 4(g) Alternative 4(h)

21. MOTIONS APRIL 7 2010 REEF FISH Move to accept Action 1(a) Alternative 2 as preferred Move to accept Action 1(b) Alternative 2 as preferred Move to accept Action 2(a) Alternative 2 as preferred Move to accept Alt. 2(b) as preferred for Alt. 2 (Carlos Farchette/Beulah Dalmida; unanimous) Move to adopt 0.75 scalar as preferred Alt. 2(e) (to snapper and grouper) (Marcos Hanke/Beulah Dalmida; unanimous) Move to adopt Alt 2(h) as preferred for GU1 and GU2 (Roy Crabtree/Marcos Hanke; unanimous) Move to adopt 0.75 uncertainty scalar, Alt 2(e), for the parrotfish (Marcos Hanke/Beulah Dalmida; 6 yes, 1 abstention; motion carries) Move to adopt Alt 2(h) for the midnight, blue and rainbow parrotfish (Roy Crabtree/Marcos Hanke; unanimous)

22. MOTIONS APRIL 7 2010 (cont.) Queen conch Move that Action 2(b), Alternative 2, Alternative 2(b) and 2(g) be preferred alternatives for queen conch (Roy Crabtree/Carlos Farchette; unanimous)

23. CFMC DISCUSSION April 8 2010 Action 3(a) Aggregate snapper and grouper in the USVI and aggregate grouper only but not snapper in Puerto Rico Action 3(b) Alternative 2 Action 3(c ) Alternative 2, sub-alternative A as preferred Action 4(a) Alternative 2 Action 5 Action 6

24. MANAGEMENT ALTERNATIVES 4.3 ACTION 3: Annual Catch Limit Allocation/Management 4.3.1 Action 3(a) Snapper and grouper unit allocation/management Alternative 1. No action. Define reference points for sub-units within the snapper and grouper units. Alternative 2. Define aggregate reference points for the snapper and grouper units: A. Puerto Rico only B. USVI only C. Both Puerto Rico and the USVI

25. Motion Action 3 (April 8 2010) Aggregate snapper and grouper in the USVI and aggregate grouper only but not snapper in Puerto Rico Marcos Hanke/B. Dalmida-Smith (all yes, W. Ledee absent; motion carries

26. MANAGEMENT ALTERNATIVES Alternative 3. Define aggregate reference points for the grouper unit: A. Puerto Rico only B. USVI only C. Both Puerto Rico and the USVI

27. MANAGEMENT ALTERNATIVES 4.3.2 Action 3(b) Commercial and recreational sector allocation/management (Puerto Rico only) Alternative 1. No action. Do not specify sector- specific ACL reference points. Alternative 2. (PREFERRED) Specify separate commercial and recreational annual catch limits based on the preferred management reference point time series.

28. Motion Action 3(b) Accept Alternative 2 as preferred M. Garcia/M. Hanke (6 yes, 1 absent, motion carries)

29. MANAGEMENT ALTERNATIVES 4.3.3 Action 3(c) Geographic allocation/management Alternative 1. No Action. Maintain U.S. Caribbean-wide ACLs reference points. Alternative 2. (PREFERRED) Divide and manage annual catch limits by island group (i.e., Puerto Rico, STT/STJ, STX) based on the preferred management reference point time series (Table 4.3.1 and Action 2). A. Use a mid-point or equidistant method for dividing the EEZ among islands. (PREFERRED) B. Use a straight line approach for dividing the EEZ among islands. C. Use the St. Thomas Fishermen s Association line.

31. Motion Action 3(c ) Accept Alternative 2, sub-alternative A as preferred M. Hanke/M. Garcia (5 yes, 1 abstention, 1 absent, motion carries)

32. MANAGEMENT ALTERNATIVES 4.4 ACTION 4: Management Measures 4.4.1 Action 4(a) Species-specific parrotfish prohibitions Alternative 1. No action. Do not establish species-specific prohibitions on parrotfish harvest. Alternative 2. (PREFERRED) Prohibit fishing for or possessing in the EEZ: A. Midnight parrotfish B. Blue parrotfish C. Rainbow parrotfish

33. Motion Action 4(a) Move Alternative 2 as preferred R. Crabtree/M. Garcia (5 yes, 2 absent)

34. MANAGEMENT ALTERNATIVES 4.4.2 Action 4(b) Recreational bag limits Alternative 1. No action. Do not establish bag limit restrictions on recreational reef fish harvest. Alternative 2. Specify a 10-fish aggregate bag limit per person (would not apply to a fisherman who has a valid commercial fishing license issued by Puerto Rico or the USVI) for: A. Species in the Snapper FMU B. Species in the Grouper FMU C. Species in the Parrotfish FMU

35. Action 4(b) Alternative 6 Move to aggregate bag limit for snapper, grouper and parrotfish FMUs: 10 per fisher not more than 2 parrotfish per fisher or 6 parrotfish per boat, and 30 aggregate snapper and grouper and parrotfish per boat on a fishing day C. Farchette/ M. Hanke (carries)

36. MANAGEMENT ALTERNATIVES Alternative 3. Specify a 5-fish aggregate bag limit per person (would not apply to a fisherman who has a valid commercial fishing license issued by Puerto Rico or the USVI) for: A. Species in the Snapper FMU B. Species in the Grouper FMU C. Species in the Parrotfish FMU Alternative 4. Specify a 2-fish aggregate bag limit per person (would not apply to a fisherman who has a valid commercial fishing license issued by Puerto Rico or the USVI) for: A. Species in the Snapper FMU B. Species in the Grouper FMU C. Species in the Parrotfish FMU

37. MANAGEMENT ALTERNATIVES Alternative 5. Establish a vessel limit (would not apply to a fisherman who has a valid commercial fishing license issued by Puerto Rico or the USVI) equivalent to the aggregate bag limit for: A. Two fishers B. Three fishers C. Four fishers

38. MANAGEMENT ALTERNATIVES 4.5 ACTION 5: Accountability Measures

39. MANAGEMENT ALTERNATIVES Action 5(a) Triggering accountability measures Alternative 1. No Action. Do not trigger accountability measures.

40. MANAGEMENT ALTERNATIVES Alternative 2. Trigger accountability measures if the annual catch limit is exceeded based upon: A. A single year of landings beginning with landings from 2010. B. A single year of landings beginning with landings from 2010, then a 2-year average of landings in 2011 (average of 2010+2011) and thereafter (i.e., 2010, 2010-2011, 2011-2012, etc.). C. A single year of landings beginning with landings from 2010, a 2-year average of landings in 2011 (average of 2010+2011), then a 3-year average of landings in 2012 (average of 2010+2011+2012) and thereafter (i.e., 2010, 2010-2011, 2010-2012, 2011-2013, etc.).

41. MANAGEMENT ALTERNATIVES Alternative 3. Trigger accountability measures if the annual catch limit is exceeded as defined below and NMFS Southeast Fisheries Science Center (in consultation with the Caribbean Fishery Management Council and its Scientific and Statistical Committee) determines the overage occurred because catches increased versus data collection/monitoring improved: A. A single year of landings effective beginning 2010. B. A single year of landings effective beginning 2010, then a 2-year average of landings effective 2011 and thereafter (i.e., 2010, 2010-2011, 2011-2012, etc.). C. A single year of landings effective beginning 2010, a 2-year average of landings effective 2011, then a 3-year average of landings effective 2012 and thereafter (i.e., 2010, 2010-2011, 2010-2012, 2011-2013, etc.).

42. Action 5(a) Preferred Alternative 3(c ) B. Dalmida-Smith/M. Hanke (5 yes)

43. MANAGEMENT ALTERNATIVES Action 5(b) Applying accountability measures Alternative 1. No Action. Do not apply accountability measures. Alternative 2. If accountability measures are triggered for a species or species group, then reduce the length of the fishing season for that species or species group the year following the trigger determination by the amount needed to prevent such an overage from occurring again. The needed changes will remain in effect until modified at the request of the Council. Alternative 3. If accountability measures are triggered for a species or species group, then reduce the length of the fishing season for that species or species group the year following the trigger determination by the amount needed to prevent such an overage from occurring again and to pay back the overage. The needed changes will remain in effect until modified at the request of the Council.

44. Action 5(b) Alternative 2 as preferred alternative in action 5(b) B. Dalmida-Smith/M. Hanke (6 yes)

45. MANAGEMENT ALTERNATIVES 4.6 Action 6: Framework Measures 4.6.1 Action 6(a): Establish Framework Measures for Reef Fish FMP Alternative 1: No Action. Do not establish framework measures for the Reef Fish FMP

46. MANAGEMENT ALTERNATIVES Alternative 2: Establish framework procedures for the Reef Fish FMP to provide a mechanism to independently adjust the following management measures through framework action: a. b. Seasonal Closures c. Area Closures d. Fishing Year e. Trip/Bag Limit f. Size Limits g. Gear Restrictions or Prohibitions h. Permitting Restrictions i. Timeframe for Recovery of Overfished Species j. Rebuilding Plans Quota Requirements

47. MANAGEMENT ALTERNATIVES k. Fishery Management Units (FMU) l. Total Allowable Catch (TAC) m. Annual Catch Limits (ACLs) n. Accountability Measures (AMs) o. Annual Catch Targets(ACTs) p. Maximum Sustainable Yield (MSY) q. Optimum Yield (OY) r. Minimum Stock Size Threshold (MSST) s. Maximum Fishing Mortality Threshold (MFMT)

48. MANAGEMENT ALTERNATIVES t. Overfishing Limit (OFL) u. Acceptable Biological Catch (ABC) v. Actions to Minimize the Interaction of Fishing Gear with Endangered Species or Marine Mammals. Alternative 3: Establish framework procedures for the Reef Fish FMP to provide the Council with a mechanism to independently adjust a subset of management measures outlined in Alternative 2.

49. MANAGEMENT ALTERNATIVES 4.6.2 Action 6(b): Establish Framework Measures for Queen Conch FMP Alternative 1: No Action. Do not establish framework measures for the Queen Conch FMP Alternative 2: Establish framework procedures for the Queen Conch FMP to provide a mechanism to independently adjust the following management measures through framework action: a. Quota Requirements b. Seasonal Closures c. Area Closures d. Fishing Year e. Trip/Bag Limit f. Size Limits

50. MANAGEMENT ALTERNATIVES g. Gear Restrictions or Prohibitions h. Permitting Restrictions i. Timeframe for Recovery of Overfished Species j. Rebuilding Plans k. Fishery Management Units (FMU) l. Total Allowable Catch (TAC) m. Annual Catch Limits (ACLs) n. Accountability Measures (AMs) o. Annual Catch Targets (ACTs) p. Maximum Sustainable Yield (MSY) q. Optimum Yield (OY)

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