Regulatory Amendment 16 Public Hearings

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1 Regulatory Amendment 16 Public Hearings Black Sea Bass Pot Opening July 28, 2015 Brian Cheuvront SAFMC Staff

2 Background Black sea bass stock was declared recovered in 2013 through a SEDAR 25 Update Assessment. The commercial sector ACL was increased from 309,000 lbs to 780,000 lbs ww. In order to increase the ACL immediately, the SAFMC prohibited black sea bass pot usage from November through April to avoid a delay for an analysis of potenpal interacpons with endangered North AtlanPc right whales.

3 If the Council did not implement the November April closure, the new commercial sector ACL couldn t be effecpve unpl a new Biological Opinion invespgapng the relaponship between black sea bass pots and whales was completed. It was always the Council s intenpon to go back and invespgate opening the pot fishery November April. South Atlantic Fishery Management Council

4 Purpose of Reg. Amend. 16 The purpose of Regulatory Amendment 16 is to reduce the scope of the annual November 1 through April 30 prohibipon on the use of black sea bass pot gear and enhance buoy line/weak link gear requirements and buoy line rope marking for black sea bass pots required by the AtlanPc Large Whale Take ReducPon Plan.

5 Need for Reg. Amend. 16 The need for the amendment is to reduce the adverse socioeconomic impacts to black sea bass pot endorsement holders created by the annual November 1 through April 30 prohibipon on the use of black sea bass pot gear and to increase the flexibility of black sea bass pot endorsement holders to fish with this gear while conpnuing to afford protecpon to ESA- listed whales in the South AtlanPc region. In addipon, the need is to reduce the adverse effects on whales if entangled and to help idenpfy black sea bass pot lines used in the South AtlanPc.

6 Action 1 AcPon 1 considers 16 different alternapves and sub- alternapves that evaluate different opening scenarios for the pot fishery from November through April. All scenarios take into account the following: Time of openings/closures Areas that would be open or closed Depth of fishing areas that would be open or closed

7 Alternative 1 (No Action) This would leave in place the current prohibipon on the use of black sea bass pot gear from November 1 st through April 30 th in the SAFMC s jurisdicponal area. Note that each of the alternaeves and sub- alternaeves is described in detail in the Public Hearing Summary Document. You may want to follow along in the Summary.

8 Alternative 2 The black sea bass pot closure applies to the area currently designated as North AtlanPc right whale cripcal habitat. From approximately the mouth of the Altamaha River, Georgia to approximately Jacksonville, Florida from the shoreline out to 15 naupcal miles offshore; and from Jacksonville south to approximately SebasPan Inlet, Florida from the shoreline out to 5 naupcal miles. Closure applies from November 15 through April 15.

9 Alternative 3 This area likely represents North AtlanPc right whale calving habitat based on more recent studies. Covers an area from Ponce Inlet, Florida, to Cape Haderas, North Carolina. Closure applies from November 1 through April 30.

10 Alternative 4 Waters 25 m or shallower from Cape Canaveral, Florida to Savannah, Georgia. waters under Council management that are 30 m or shallower from SC/GA border to Cape Haderas. Closure applies from November 1 through April 30. This area is based on right whale sighpngs.

11 Alternative 5 From Daytona Beach, FL to GA/SC border based on historical sighpngs. From GS/SC border to Cape Haderas, NC, up to 30 naupcal miles offshore. Closure applies from November 1 through April 30. This alternapve was suggested by NGOs.

12 Alternative 6 This area represents an exispng management area, the Southeast Seasonal Gillnet Restricted Area, under the AtlanPc Large Whale Take ReducPon Plan. The area off North Carolina includes waters shallower than 30 m and is northward of the designated ALWTRP Southeast Restricted Area. Closure applies from November 1 through April 30. Suggested by NGOs.

13 Alternative 7 The area currently designated as North AtlanPc right whale cripcal habitat. From approximately North of the Altamaha River, Georgia, to Cape Haderas, North Carolina, out to 25 m depth. Sub- AlternaEve 7a: Closure in place from November 1 st through December 15 th and March 15 th through April 30 th.

14 Alternative 7 Sub- alternaeve 7b: Off GA and FL, the closure applies from November 15 th through April 15 th. Off NC and SC, the closure applies from November 1 st through December 15 th and March 15 th through April 30 th. Sub- AlternaEve 7c: Off GA and FL, the closure applies from November 15 th through April 15 th. Off NC and SC, the closure applies from February 15 th through April 30 th.

15 Alternative 8 The boundaries off Florida and Georgia are idenpcal to the boundaries in AlternaEve 5. Off North Carolina and South Carolina, the black sea bass pot closure applies in the exclusive economic zone in waters shallower than 25 m.

16 Alternative 8 Sub- alternatives Sub- alternaeve 8a: The closure applies from November 1 st through April 15 th. Sub- alternaeve 8b: Off GA and FL, the closure applies from November 15 th through April 15 th. Off NC and SC, the closure applies from November 1 st through December 15 th and February 15 th through April 30 th.

17 Alternative 9 Off Florida and Georgia are idenpcal to the boundaries in AlternaEve 5. Off North Carolina and South Carolina, the black sea bass pot closure applies in the exclusive economic zone in waters shallower than 20 m.

18 Alternative 9 Sub- alternatives Sub- alternaeve 9a: The closure applies from November 1 st through April 15 th. Sub- alternaeve 9b: Off GA and FL, the closure applies from November 15 th through April 15 th. Off NC and SC, the closure applies from November 1 st through December 15 th and February 15 th through April 30 th.

19 Alternative 10 The boundaries off Florida and Georgia are idenpcal to the boundaries in AlternaEve 5. Off North Carolina and South Carolina, the black sea bass pot closure applies in the exclusive economic zone in waters shallower than 20 m from November 1 through December 15 and 25 meters from February 15 through April 30.

20 Alternative 10 From February 15 th through April 30 th, the closure applies to waters approximately GA/ SC State Line to Cape Haderas, NC. From December 16 th through February 14 th there would be no closure off of the Carolinas. From November 15 th through April 15 th, the closure applies to waters approximately GA/ SC State Line, to approximately Daytona Beach, Florida.

21 Alternative 11 November 1 st through 30 th and from April 1 st through 30 th each year, the boundaries off Florida and Georgia are idenpcal to the boundaries in AlternaEve 5. Off North Carolina and South Carolina, the closure applies in waters shallower than 25 meters, corresponding with AlternaEve 8.

22 Alternative 11 December 1 st through March 31 st, the closure area generally represents waters 25 m or shallower Cape Canaveral, Florida to Savannah, Georgia. From the Georgia/South Carolina border to Cape Haderas, North Carolina, the closure applies to waters that are 30 m or shallower and corresponds with AlternaEve 4.

23 Alternative 12 November 1 st through April 30 th, the closure applies to waters approximately from Cape Canaveral, Florida, to Cape Haderas, North Carolina. This closure approximates the midpoints between proposed closure AlternaEve 4 and Sub- AlternaEve 8a.

24 Relative Risk to Whales Some alternapves/sub- alternapves pose greater risk of entanglement to North AtlanPc Right Whales. Work has been done to try to quanpfy that risk. The table on the next page shows relapve risk in the order from least to most relapve risk.

25

26 Potential early closures Some alternapves would have more black sea bass being caught by pots during the November through April Pmeframe. The more fish caught earlier in the fishing year (starpng January 1) the greater the likelihood the ACL will be met prior to the end of the calendar year. All alternapves predict somewhere between 97% and 100% of the ACL will be caught.

27 Expected Closure Dates South Atlantic Fishery Management Council

28 Economic Effects The expected price to be paid for black sea bass varies by month and the Pme series used to espmate the dockside value.

29 Expected dockside value by black sea bass pot gear only under the different alternaeves of AcEon 1. South Atlantic Fishery Management Council

30 While the landings by gear type (pots vs. other commercial gears) varies widely by alternapve, the overall dockside value of the commercial fishery changes very lidle when compared to AlternaEve 1 (No AcEon). If more landings are made by the pot sector, generally there will be fewer landings by other gears.

31 Expected differences in dockside value by alternaeve compared to AlternaEve 1 (No AcEon) using four different catch rate scenarios and two different price per pound values. South Atlantic Fishery Management Council

32 How would other sectors be affected? Any alternapve that would have the commercial sector ACL caught prior to the end of the year would affect fishing by other commercial gears, as all commercial fishing for black sea bass will stop. The alternapves/sub- alternapves will shij the percentage of landings between the commercial gears.

33 Expected landings by black sea bass pot gear as a percent of the total ACL landed by all commercial fishing gear. South Atlantic Fishery Management Council

34 Costs of a whale entanglement PotenPal economic outcomes must be weighed against the chance that a NARW would become entangled in black sea bass pot gear. NMFS espmated that it cost $87,900 for a mulp- agency adempt to rescue a NARW from unspecified entangled fishing gear in PotenPal shutdown of the commercial black sea bass pot fishery if a whale interacpon occurs.

35 Action 2 AcPon 2 considers black sea bass pot gear modificapon potenpally to reduce the risk of entanglement or to make it easier for a whale to escape an entanglement. ModificaPons include lighter weight buoy lines, weaker weak links, and addiponal line markings that would help idenpfy gear as black sea bass pot gear if recovered from a whale.

36 Alternative 1 (No Action) Current gear marking requirements are included in the AtlanPc Large Whale Take ReducPon Plan. The current gear marking requirements for the AtlanPc Large Whale Take ReducPon Plan can be found here: hdp:// protected/whaletrp/plan/index.html

37 Preferred Alternative 2 Preferred AlternaEve 2. Modify the current ALWTRP buoy line requirements. Preferred Sub- alternaeve 2a: From November 1 through April 30, the buoy line breaking strength must not exceed 2,200 lbs in federal waters in the South AtlanPc EEZ. Sub- alternaeve 2b: From November 1 through April 30, the buoy line breaking line strength must not exceed 1,200 lbs in federal waters in the South AtlanPc EEZ.

38 Preferred Alternative 3 Preferred AlternaEve 3. Modify the current ALWTRP weak link requirements. From November 1 to April 30, the breaking strength of the weak links must not exceed 400 lbs for black sea bass pots in the South AtlanPc EEZ.

39 Preferred Alternative 4 An addiponal 12- inch wide purple band must be added at the end of each required 12- inch colored mark. AddiPonal gear marking requirements of this alternapve are required in federal waters from November 15 through April 15 (Southeast Restricted Area North), September 1 through May 31 (Offshore Trap/Pot Area), and September 1 through May 31 (Southern Nearshore Trap/Pot Waters Area).

40 How you can comment on Regulatory Amendment 16 Send wrizen comments to: Bob Mahood, ExecuPve Director South AtlanPc Fishery Management Council 4055 Faber Place Drive, Suite 201 North Charleston, SC comments to: Subject Line: Reg Am 16 Fax comments to: (843) Comments will be accepted un2l 5 p.m., August 21, 2015

41 In Person Public Hearings August 11, 2015 Holiday Inn Express, 722 Highway 17,Lidle River, SC August 12, 2015 Comfort Suites, 130 Workshop Lane, Jacksonville, NC August 17, 2015 Hull s Seafood Market/Restaurant, 111 W Granada Blvd, Ormond Beach, FL All Public Hearings begin at 4 pm.

42 Timeline for Regulatory Amendment 16 Public hearings August South AtlanPc Council reviews public comments and receives addiponal public comment; reviews the final document and makes any modificapons as necessary; and approves all acpons at the September 2015 meepng. South AtlanPc Council reviews the final document, makes any modificapons as necessary, and approves for formal review in December Send SG Regulatory Amendment 16 for formal review by January 15, Target date for regulapons to be in place is by Summer 2016.

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