South Atlantic Update

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1 The South Atlantic Fishery Management Council's South Atlantic Update Published for fishermen and others interested in marine resource conservation issues Winter 2004 Secretary of Commerce Approves Dolphin/Wahoo Fishery Management Plan New plan affects fishery in federal waters throughout the Atlantic If all goes as planned, this year s spring fishing season for dolphin and wahoo will bring new regulations for both recreational and commercial fishermen. Over the Christmas holidays, the South Atlantic Council received an early present from the Secretary of Commerce in the form of a letter of approval for the Fishery Management Plan for Dolphin and Wahoo in the Atlantic Region. The long-anticipated news that the Fishery Management Plan (FMP) had been approved was welcome news to everyone involved in the development of the comprehensive plan. The management plan, developed by the South Atlantic Council in conjunction with the Mid-Atlantic and New England Councils, establishes a management framework and sets regulations for dolphin and wahoo in federal waters along the Atlantic coast of the U.S. While neither dolphin or wahoo are considered overfished, the Dolphin/Wahoo FMP is a risk-averse Public Informational Hearings for Marine Protected Areas Ongoing Social and economic impacts for proposed sites focus of meetings In early January, the Council began holding a series of informational public hearings to gather data from various members of the fishing community regarding their activities in areas proposed as possible sites for marine protected areas (MPAs). The Council is considering the use of MPAs as one option to protect deepwater species of fish found in the snapper/grouper management complex. A total of nine sites are being considered. With the exception of one artificial reef site, the sites are located in deep water areas where species such as snowy grouper, warsaw grouper and speckled hind can be found. Fishing for snapper/grouper species would be prohibited in these areas, but trolling for pelagic fish such as tuna, dolphin, mackerel and billfish would continue to be allowed. (Continued page 9 ) approach to management with an overall goal to maintain the status quo of the fishery, said David Cupka, Council Chairman. This plan has a long history of development and the Council is pleased to finally have a management plan in place for such economically important species. Historically, both dolphin and wahoo have been targeted primarily by recreational fishermen. These species are often sought after by offshore recreational and charter fishermen who also troll for other species such as tuna and billfish, making them especially valuable to the recreational fishery. For example, historical landings of dolphin show an average of 87% taken by recreational fishermen and 13% from the commercial sector. The approved FMP puts a framework into place whereby these historical levels can be maintained. (Continued page 8) Inside This Issue: Editorial Insight... 2 In The News... 3 Protected Resources- Notes From a Winter Cruise... 4 Highly Migratory Species and Bluefin Tuna Issues... 6 March Meeting Agenda Calendar The South Atlantic Fishery Management Council, One Southpark Circle, Suite 306 Charleston, SC ; Telephone: (843) or Toll Free 866/SAFMC-10; FAX: (843) ; safmc@safmc.net

2 SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL Robert K. Mahood Executive Director Gregg T. Waugh Deputy Director VOTING MEMBERS Designated State Officials David Cupka,Chairman Mark Robson Charleston, SC Tallahassee, FL (843) (850) Susan Shipman Louis Daniel, Vice-Chair Brunswick, GA Morehead City, NC (912) (252) Appointed Obligatory Members Anthony Iarocci Robert Southerland Grassy Key, FL Wilmington, NC (305) (910) Charles Duane Harris Pete Pearce, Jr. St. Simons Island, GA Myrtle Beach, SC (912) (843) Appointed At-Large Members George J. Geiger John Wallace Sebastian, FL Meridian, GA (561) (912) John M. Dean Benjamin M. Currin Columbia, SC Raleigh, NC (803) (919) NMFS Regional Administrator Roy Crabtree St. Petersburg, FL (727) Non-Voting Members ASMFC U. S. Fish & Wildlife Washington, DC Atlanta, GA (202) (404) U. S. Coast Guard State Department Miami, FL Washington, DC (305) (202) Editor s Note The South Atlantic Update is published by the South Atlantic Fishery Management Council. Its purpose is to report developments in fisheries management that would be of interest to its readers. Please credit the Council when reprinting articles used in this newsletter. Anyone wishing to submit information or articles pertaining to fishing or fisheries management, or letters to the editor on a pertinent issue, is invited and encouraged to do so. Submissions may be mailed to Kim Iverson, Editor, South Atlantic Update, One Southpark Circle, Suite 306, Charleston, SC , or may be sent via the internet; address: kim.iverson@safmc.net. A publication of the South Atlantic Fishery Management Council Pursuant to National Oceanic and Atmospheric Administration Award No. NA04NMF Editorial Insight Fisheries Management and Mandates Approval of the Fishery Management Plan (FMP) for Dolphin and Wahoo in the Atlantic represents a milestone for the South Atlantic Fishery Management Council and perhaps fisheries management in general. This proactive plan takes a precautionary approach to the management and conservation of these two economically important species. Development and approval of the FMP has been a challenging and lengthy process, but upon publication of the Final Rule in the Federal Register, new regulations will be put in place that will serve the long-term benefit of both species and the historical fishery. The Dolphin/Wahoo FMP is at the end of the development and review process that must occur before any new fisheries plan is approved and implemented. For the Dolphin/Wahoo FMP, this process has involved over 20 public hearings and multiple public comment periods. Currently, the Council is holding public informational hearings regarding the use of marine protected areas (MPAs) as a management tool. These hearings are being held to obtain social and economic information in order to formulate options for Amendment 14 to the Snapper/ Grouper FMP. These hearings represent the middle stages of the ongoing management process for the amendment. Additional hearings will be held in early 2005, and there will be multiple opportunities for public comment. Both the Dolphin/Wahoo FMP and the use of MPAs are issues that are familiar with the majority of fishermen in the south Atlantic. Yet there are other, less conspicuous mandates and issues that must be addressed by the Council. For example, while the Council doesn t manage whales or bottlenose dolphins, mandates outlined in the Endangered Species Act and the Marine Mammal Protection Act are key elements in the development of any new FMP. Likewise, the Council plays a role in the management of Highly Migratory Species such as bluefin tuna, while not directly responsible for their management. In this issue, we ll update you on the prominent issues as well as provide a glimpse of the behind the scenes work carried out by the Council and staff. All of these fisheries issues carry a common thread. Whether it is through participation on the Large Whale Take Reduction Team, serving on one of the Council s advisory panels, attending a public hearing, or writing the Council with your comments - public participation is a key element throughout the management process. 2 The South Atlantic Update Winter 2004

3 IN THE NEWS: SAFMC Committee Meetings Held in February The South Atlantic Council held a joint meeting of its Law Enforcment Committee and Advisory Panel on February 3-4 to address law enforcement issues affecting federal fisheries. Issues addressed included an update on current enforcement efforts and future outreach plans for the Oculina Bank protected area off the coast of Ft. Pierce, Florida; possible streamlining of regulations to help simplify enforcement; and compliance issues for upcoming management proposals for the shrimp fishery. In addition, Committe and AP members discussed implications for law enforcement regarding marine protected areas and reviewed public input received through informational public hearings. A meeting of the newly formed Ecosystem-Based Management Committee was held February 5-6. Meetings were held in Charleston, S.C. Summaries from both meetings will be included in the next issue of the South Atlantic UpDate. Amendment Addressing Oculina Closed Area Approved The South Atlantic Council received notice on February 4 that NOAA Fisheries approved Amendment 13A to the Snapper/Grouper Fishery Management Plan. The Amendment extends current regulations that prohibit fishing for and retention of snapper/grouper species within the Oculina Experimental Closed Area (OECA) off of Ft. Pierce, Florida. The closure is extended for an indefinite period, with a 10-year re-evaluation by the Council. The Council will reevaluate the configuration and size of the OECA within three years of the publication date of the final rule. The continued closure is intended to (1) provide a buffer against the uncertainty inherent in stock assessments and (2) provide the highest protection to the Oculina coral habitat in the closed area. A copy of Amendment 13A can be obtained from the Council office or on the website at Dial-A-Buoy Service Provides Instant Access to Sea Conditions The National Data Buoy Center (NDBC), a division of the National Weather Service, has created Dial-A- Buoy to provide boaters a way to receive reports of wind and wave measurements using their cell phone. Measurements are taken hourly at NDBC buoy and Coastal-Marine Automated Network (C-MAN) stations. These stations are located in the Atlantic, Pacific, Gulf of Mexico and the Great Lakes. Information can also be retrieved through the internet. Buoy reports include wind direction, water temperature, speed, gust, significant wave height, air temperature, water temperature and sea level pressure. To access Dial-A-Buoy, dial (228) using any touch tone or cell phone. Then follow the prompts. (You will need to know the buoy identification number for the area you wish to receive information). For maps of buoy locations and additional instructions visit: NOAA Fisheries Reminds Boaters: Give Right Whales Wide Berth NOAA Fisheries reminds all whale watchers, commercial vessels, and others to give endangered right whales a wide berth, as mandated by Federal Rule. This rule prohibits the approach of vessels, aircraft, or by other means to within 500 yards of right whales, which are an endangered species. Ship and boat collisions are among the primary causes of death for this critically endangered whale. NOAA Fisheries promulgated this rule in an attempt to reduce the potential for vessel interaction and injury to the whales. The rule includes avoidance measures which require vessels or aircraft within 500 yards of a right whale to immediately depart the area at a slow, safe speed in a direction away from the whale. According to Barb Zoodsma, a fisheries biologist with NOAA Fisheries, it is more important than ever to give these animals their space particularly off the Georgia and Florida coasts. This is the only known right whale calving area in the world, and it is very important that we give these new moms and their calves the solitude and space that they need to nurse and form a strong maternal bond, said Zoodsma. This is essential for calves to grow, strengthen, and make the long journey north to their summer feeding grounds. NOAA Fisheries encourages vessel operators transiting along coastal Florida and Georgia to remain alert and look for right whales. If a right whale is spotted, report the sighting to the U.S. Coast Guard so they can issue alerts, and please remain vigilant as other whales are likely in the area and change course to slowly and safely move away from the whale. The South Atlantic Update Winter

4 Protected Resources Marine mammals, seabirds and turtles also considered in fishery management The following is an excerpt from an article written by Margaret Murphy, Protected Resources Scientist for the South Atlantic Council. Last year, Margaret was invited to participate in a cooperative research cruise giving her the opportunity to observe marine mammals occurring off the coast of North Carolina and Virginia during the winter. The Chief Scientist on this annual winter cruise is Bill Cole, Fishery Coordinator with the U.S. Fish & Wildlife Service. Bill also serves as a member of the South Atlantic Council. In mid-january, while most folks in the office were recovering from the holiday season and getting resettled at their desks, I was fortunate enough to be off on a winter cruise. Not the play-allday-in-the-sunshine type but a tagging cruise for striped bass. Our exotic destination was off the coast of North Carolina and Virginia. The main purpose of the trip was to tag adult striped bass, spiny dogfish, Atlantic sturgeon and mature horseshoe crabs. Size, weight and age data were also routinely collected. We began our voyage departing Morehead City the morning of January 14th aboard the NOAA Ship Oregon II. Our first tow began just south of Ocracoke Inlet around 5:00 p.m. The plan (weather and nets allowing) was to tow around the clock with two Watch Teams alternating six-hour shifts. My team had the 5:30 to 11:30 shift both a.m. and p.m. I haven t seen 5:30 a.m. in a conscious state since my days of participating in marine mammal research cruises many moons ago. I had forgotten how beautiful early morning can be (with a little help from a good cup of coffee). The scientific party consisted of twelve individuals representing a collaboration of several agencies including the N.C. Division of Marine Fisheries, National Ocean Service, Atlantic States Marine Fisheries Commission, U.S. Fish and Wildlife Service, South Atlantic Fishery Management Council, East Carolina University Researchers work collaboratively onboard the Oregon II during annual winter tagging studies. The research cruise also provides an ideal platform for observing whales, sea birds and other protected resources that must be considered in the development of fishery management plans. and the Maryland Department of Natural Resources. The science team was under the expert direction of Chief Scientist, Bill Cole. Bill had the mammoth responsibility of finding the fish. Armed with 15 years experience from prior tagging cruises, he, together with the Captain and Bridge Crew, employed a technique some refer to as precision setting. Using on-board electronics, they would target a suspected aggregation of fish and set upon it. Dr. Wilson Laney of the Fish and Wildlife Service was getting a crash course from Bill in reading the electronic output as well as learning how to adjust the set for currents, swells and wind so he could help out during the few hours Bill allotted himself time to sleep. Some of you may know Wilson as he also serves on the SAFMC s Habitat & Environmental Protection Advisory Panel. Experience in the business of fishing is essential as it s not just about finding an aggregation of fish but rather finding the right species of fish. The goal was to tag at least 1,000 striped bass and 400 spiny dogfish. My job during the watch was that of data recorder for those handling the catches. However, due to my past experience in marine mammal research, I was also given the title of Marine Mammal Coordinator for the cruise. As such, in-between my daytime watch shifts, I would head to the Bridge to scan the horizon for whale spouts. For the first few days I had no luck in spotting a whale. I was hoping to see at least a couple of humpback whales, as juveniles are known to occur along the coasts of Virginia and North Carolina during 4 The South Atlantic Update Winter 2004

5 the winter. We have been watching large flocks of birds working the area. We were treated to spectacular displays of northern gannets diving on fish and our tows were bringing up anchovies and, at times, herring. All of this was indicative of conditions being right for a humpback to come along and feed. Although not fish eaters, I was also hoping to see a northern right whale as their wintering and calving grounds are off the coastal waters of the southeastern U.S. Right whales use mid-atlantic waters as a migratory pathway between their summer feeding grounds and winter calving grounds. On the fourth day our luck began to change. We received a report of three right whales sighted north of Hatteras, just south of our position, and then I saw a spout. The whale was keeping a very low profile making it difficult to identify the species. The crew was a bit nervous since they prefer not to see right whales, especially while towing gear, as federal law prohibits vessels approaching within 500 yards due to the right whales highly endangered status. Then I saw two more spouts. We had at least two, possibly three whales in the area. After several more surfacings, I was finally able to confirm that we were looking at humpback whales. The excitement of seeing some whales got everyone on the Bridge charged to find more. A couple of days later, I got a nice surprise. It was late afternoon when I spotted another spout. This time it turned out to be a finback whale. Finbacks are one of my favorite whales as they are very sleek, fast moving animals. They are the second largest whale in the world reaching lengths of over 80 feet. This whale was exhibiting behavior suggestive of feeding. The next day the Captain spotted a spout of another finback. The Captain paged me to the Bridge and we discovered there to be a least three finners in the area. I am grateful to have had the opportunity to participate in this tagging cruise. Cooperative studies such as this are very important, as data collected during this trip will be shared among many organizations. Information on fish abundance, age and distribution is vital in the development and promulgation of fisheries regulations. However, when developing regulations, fishery managers also need to be knowledgeable of the distribution and occurrence of protected species in their management areas. Protected species such as whales are known to interact with fishing gear. Entanglement in fishing gear commonly affects right and humpback whales though other species such as fin whales are also affected. As such fishery managers need to work together with researchers and the fishing industry in order to find practicable solutions to this ongoing problem. Note: Additional information about this annual tagging cruise is featured in the January 2004 issue of SaltWater Sportsman Magazine. Visit For additional information regarding protected resources and fisheries management, contact Margaret Murphy at the Council office by calling toll free, 866/SAFMC-10 or 843/ margaret.murphy@ safmc.net Right Whale (Eubalaena glacialis) The right whale received its name from whalers who thought it was the right whale to kill. It was valuable for its high blubber content and for its long baleen plates. Moreover, it swam slowly and floated after being killed by hand-thrown harpoons. The exploitation of the right whale began in the 10th century and continued, especially in the North Atlantic, for many centuries. The northern right whale is federally listed as endangered. The estimated population is less than 300 animals. The current estimate of the population having been entangled is 72% with evidence suggesting that between 10 and 28% of the population interact with fishing gear every year. During the winter, females occur off the coast of southern Georgia and northern Florida to calve. Right whales can be found off the southeastern coast December through March. Report entanglements of large whales to the Center for Coastal Studies ( ) or USCG VHF Channel 16. Other entangled marine mammals should be reported to the closest stranding network. For further information on whale entanglement and related information, please visit: (Atlantic Large Whale Take Reduction Plan) (Center for Coastal Studies) (Florida Marine Institute) FL Fish & Wildlife Conservation Commission The South Atlantic Update Winter

6 Highly Migratory Species (HMS) A Complex Management Strategy for the Ocean s Top Predators The following is taken from an interview with Dr. John M. Dean, Council member from South Carolina and Chair of the Council s Highly Migratory Species Committee. Dr. Dean serves as the Council s representative to the Highly Migratory Species Advisory Panel for NOAA Fisheries. He has also been elected as Vice-Chairman of the U.S. International Commission for the Conservation of Atlantic Tunas (ICCAT) Advisory Committee. His laboratory has carried out research on HMS species since He currently collaborates with colleagues from France on yellowfin tuna from the U.S. and the Gulf of Guinea and Mediterranean bluefin tuna with colleagues from Italy, Greece and Turkey. Q. What species are included in Highly Migratory Species (HMS) management? A. Highly Migratory Species include tunas, sharks, swordfish, marlin and sailfish. Q. Does the South Atlantic Fishery Management Council manage Highly Migratory Species? A. Not directly. By definition, these fishes are wide ranging and cross international territorial seas. Because of their distribution, international regulations are absolutely necessary. For these fishes in the Atlantic Ocean, international management falls under the regulatory control of the International Commission for the Conservation of Atlantic Tunas (ICCAT). For example, for fishes such as swordfish and bluefin tuna, ICCAT sets a quota for each country but implementation of the quota is the responsibility of that country. In the United States, these species are managed by the Secretary of Commerce. The HMS Division of the National Marine Fisheries Service (NOAA Fisheries) is responsible for implementation of the plan for the domestic portion of our allocation from ICCAT. A HMS Advisory Panel provides input to NOAA Fisheries. Each Council in the Atlantic has a seat on the HMS Advisory Panel. Other members represent commercial, recreational, environmental and conservation interests. Q. What is the Council s involvement? A. There are 2 pathways; the first is international management and the second is the domestic aspect, which we discussed in the previous question. Each treated separately but sequentially. For ICCAT decision-making, there are three U.S. ICCAT Commissioners appointed by the President. These Commissioners specifically represent commercial, recreational and government interests. The Commissioners, in turn, have their own advisory committee of 20 individuals appointed by the Secretary of Commerce. Each of the five Atlantic regional fishery management councils has a member serving on the U.S. Committee. It is interesting to note that we are literally the only country participating in ICCAT where the recreational and environmental community is a significant and important component of the fishery, and recognized and given a place at the table. Also, the U.S. makes it clear that government and commercial interests are not the same. We recognize that commercial, recreational and government representatives all have definable interests and specific roles. This is something very special and unique to the U.S. Q. How are issues of allocation handled? A. ICCAT handles total catch allocations for each of the HMS species to the member nations on an international level. Currently, there are 38 member nations. Domestic allocation (and implementation) in the U.S. is handled by the HMS Division of NOAA Fisheries. Q. What determines each country s allocation? A. It is negotiated between countries based largely on historical landings records. For example, in the north Atlantic swordfish fishery, there is an international recovery plan with severe quota limitations on participating countries. Q. Fishermen have been increasingly interested in issues affecting the allocation of bluefin tuna. Specifically, how is the allocation of bluefin handled? A. ICCAT has a recovery program for western Atlantic bluefin tuna that severely limits total allowable catch (TAC). There is a TAC that has been in place for 20 years. A quota is set by ICCAT for the western Atlantic and the U.S. negotiates with Canada and Japan on how it will be divided among these three fishing nations. The next struggle is a domestic one within the U.S. quota. The U.S. is unique in that we have a larger minimum size limit for tunas than required by ICCAT and we specifically allocate a portion of the quota to the recreational fishery. There is a recreational fishery in France and Italy but landings are not historically reported. ICCAT is 6 The South Atlantic Update Winter 2004

7 working towards including these landings. For other countries, such as Japan, the fishery is completely commercial. We divide the quota in the U.S. on the basis of gear types: harpoon, purse seine, and general (hand gear and hook and line) category. All four can sell their fish. Plus, there is a recreational quota where fish can be taken but not sold. Of course, each of these groups would like to have all of the fish. A portion of the quota is also allocated for the longline fishery targeting big eye tuna, yellowfin tuna, and swordfish. FACTOID A single, high quality bluefin tuna has been known to sell for as much as $45,000 on the Tokyo open market. Q. Why is the South Atlantic Council concerned with allocation of bluefin tuna? A. About 8 years ago, anglers found a concentration of bluefin off the coast of North Carolina that began concentrating in late winter. This annual concentration became a very important recreational fishery. It has now also become a commercial fishery. Research on these fish using pop-up satellite tags has increased exposure as well. In the past, the U.S. bluefin quota was so limited that it was met in the early fall in New England and the fishery was closed. At that time, it was exclusively a recreational fishery off of North Carolina. Then fishermen wanted part of the General category in Bluefin Tuna (Thunnus thynnus) Epipelagic and oceanic coming nearshore seasonally. Documented to depths of 3,000 feet. Tagging studies show Atlantic crossings (east to west and west to east) in under 60 days. IGFA all tackle record 1496 pounds Life span 45 years. order to sell their fish. Biologically, the winter fish are high quality in excellent condition with high fat content. Historically, the Japanese market has averaged between $14 to $20 dollars per pound. That makes this a valuable fish on a market scale. We ve watched the transition of the Carolina area bluefin tuna fishery from a charter/recreational fishery to a commercial commodity. Earlier, as a recreational fishery, most were released. Only if you have a General category license and the General quota is allocated can you sell your fish. Fishermen in the Carolinas want a specific portion of the General category allocated here so they can plan for the tuna season. The real objective is to spread out the allocation to last longer. Of course, the New England fishermen don t want to give any fish away. There is a reserve quota in NOAA Fisheries that can be moved among different categories, but that is different than having a specific set aside quota for later in the year. The Council has a role and a responsibility in addressing these issues. Bluefin tuna have expanded the charter season for North Carolina. There are large economic impacts affecting the coast of N.C. through businesses associated with this relatively new fishery, including charter outfits, hotels, and restaurants at a time considered off season for most activities. (Continued page 10) A North Carolina Perspective Dr. Louis Daniel Council Vice-Chair, N.C. Division of Marine Fisheries The impetus behind my work on this issue has obviously been to benefit N.C. fishermen. Equally important is the benefit to the south Atlantic. Based on my observations and some hard data, the winter season this year has been of great benefit to south Atlantic commercial and charter/headboat folks as well as recreational fishermen. The number of boats coming here to fish from Florida and S.C. has been amazing, and as the season progressed into January, more fish also became available in S.C. This year we landed over 100 tons of bluefin tuna in about 2.5 weeks and the average price per pound was upwards of $10-$12, with many fish over $20 and one with a high of $27 per pound in the January season. If some fishermen handled their fish better, the average price would have been much higher. The closure to the Angling category in November hurt N.C. charter/headboat businesses and those associated with recreational fishing hard. While the chances of catching a fish less than 73 inches is remote, that chance brings people to the boats. The November closure resulted in lots of canceled charters and folks not making the trip to recreationally fish. The South Atlantic Update Winter

8 Dolphin/Wahoo FMP (Continued from page 1) The approved actions in the FMP are a positive step that will provide equitable harvesting restrictions to the recreational and commercial sectors, and maintain the historical participation by both groups, stated Dr. Roy Crabtree, Regional Administrator with NOAA Fisheries and member of the South Atlantic Council. For example, the FMP establishes bag limits, boat limits, and size limits to stabilize the recreational fishery at the current catch levels. Similarly, the FMP establishes a non-binding cap of 1.5 million pounds for 13 percent of the total landings for the commercial dolphin fishery. Actions approved in the FMP include both recreational and commercial regulations. These include establishment of a permit system in the for-hire (charter/ headboat) and commercial fisheries and a 20-inch size limit for all fishermen off the coast of Florida and Georgia. Regulations also include a recreational bag limit of 10 dolphin and 2 wahoo per person/ trip and a boat limit of 60 dolphin (with the exception of headboats, which are allowed 10 dolphin per paying passenger). The recreational sale of dolphin is prohibited with the exception of for-hire vessels that have the appropriate commercial permits. Other approved actions affecting the commercial fishery include bycatch reporting requirements, specifications for allowable gear, a commercial trip limit of 500 pounds for wahoo, and prohibition of surface and pelagic longline gear for dolphin and wahoo within any time area closure for highly migratory species (HMS). Approved actions also establish a cap of 1.5 million pounds or 13% of total landings for the commercial fishery. If the catch should exceed this level, the Council will review the data and may establish additional regulations through framework action. We share the Council s concern that increased fishing pressure a very real possibility could jeopardize a healthy and productive fishery, stated Dr. Ken Hinman, President of the National Coalition for Marine Conservation. We firmly believe this plan, which will stabilize the sport and commercial fisheries at current levels is vitally necessary to prevent overfishing and achieve the optimum yield from the dolphin/ wahoo fisheries for the long-term the number one goal of the Magnuson Fishery Conservation and Management Act. Key elements addressing Essential Fish Habitat (EFH) were also approved, including designating the Florida Straits, the Gulf Stream fronts, and the Charleston Gyre as EFH for dolphin and wahoo. However, Sargassum, a pelagic floating seaweed commonly associated with the fishery, was not recognized as EFH for the two fish species contrary to the Council s request for inclusion of Sargassum in the plan as EFH. NOAA Fisheries recognizes the importance of Sargassum as habitat for several pelagic fish species, stated Crabtree. However, Sargassum is a pelagic seaweed that drifts with prevailing currents and the varying wind regimes of the area. Therefore, Sargassum may or may not be present at any given time within the areas considered by the FMP, and only its potential area of distribution can be identified. EFH regulations specify that EFH should not include all potential habitat for the species. Two other actions were disapproved during NOAA Fisheries review of the Dolphin/ Wahoo FMP. The Council had requested that qualifying criteria be used in order to obtain a commercial vessel permit. The proposed criteria would have 8 The South Atlantic Update Winter 2004 This is one of the first fisheries we ve been able to protect before it got into trouble. This Council had the foresight to go on its own and address an issue before it became a serious problem. I m proud to have been a part of this proactive effort. Bill Harrell, Chairman of the Dolphin Wahoo Advisory Panel required fishermen applying for a dolphin/wahoo commercial permit to have an existing federal permit in either the snapper/grouper, king mackerel, or HMS fisheries or document landings of 250 pounds before the control date of May 21, According to NOAA Fisheries, recent data from show that qualifying criteria based on holding existing permits would allow over 700 vessels that have no history of landings to qualify for commercial dolphin/ wahoo permits. In contrast, nearly 100 vessels that currently participate in the fishery, but do not possess other federal permits or meet the proposed 250-pound qualifying criteria prior to the control date, would become ineligible. The review also found the criteria based on the control date would unfairly affect the forhire sector who wish to sell their catch, since an estimated 15% of charter boat operators have less than 5 years of experience. Qualifying criteria would have also excluded small-time commercial operations with median annual landings ranging from pounds/year. These small operations are estimated to contribute roughly 25% of the total commercial landings. Commercial trip limits, proposed by the Council, were also disapproved during review of the Dolphin/Wahoo FMP. The original (Continued next page)

9 justification for the trip limit was a concern that a directed dolphin fishery was developing and could expand as a result of restrictions in other fisheries, particularly the pelagic longline fishery, said Dr. Louis Daniel, Council Vice- Chairman from North Carolina. However, a directed dolphin fishery did not develop over the four years that the plan was developed and reviewed. The commercial cap of 13% of the total annual harvest, coupled with the framework measures implemented in the FMP, will allow the Council to take quick action in the event the current allocation shifts as a result of re-directed commercial effort. According to NOAA Fisheries, the current highly migratory species area closures (longline) have greatly restricted the commercial dolphin fishery. For example, Florida longline landings of dolphin in March and April of 2001 (the first year of the HMS closures) declined by nearly 50% from landings during the same time period the previous year. This plan is good for the fish and the fishermen, and stands as an example of managing for sustainable fisheries, stated Dr. Hinman. The sooner it is in place, the better. Specific actions and regulatory requirements will be outlined in the Federal Register by publication of the Final Rule from NOAA Fisheries. The Final Rule had not been published by the time this issue of the UpDate went to press. We will continue to monitor the Federal Register for notification and post any developments on the Council web site at MPA Hearings (Continued from page 1) The series of hearings focus solely on gathering input on the social and economic impacts that may be associated with the specific proposed MPA sites. The Council intends to use the informational public hearing process to gather data that is not available through traditional sources such as logbooks and surveys. This information, along with new stock assessments for the deepwater species expected this summer, will be included in the next draft of Amendment 14 to the Snapper/Grouper Fishery Management Plan. This amendment is designed to address overfishing and the overfished status for deepwater species where it occurs. If I can get one message across to the public, it would be don t believe everything you hear at the dock, said Tony Iarocci, Chairman of the Council s MPA Committee. Rumors are running rampant concerning these hearings and what the Council is proposing, said Mr. Iarocci, a commercial fisherman from the Florida Keys. As chairman of the three hearings held in Florida in January, Mr. Iarocci said good information was collected at the Florida hearings, although rumors sometimes fueled tempers as misinformation circulated. If you have a question about anything, contact the Council office for a copy of the Public Hearing Document or call the Council member in your area regarding your concerns, said Iarocci. The series of public hearings are designed to collect social and economic information from the public on individual MPA alternatives. This information is critical to evaluating the impacts of the various MPA sites on people and communities. The proposed East Hump MPA off the Upper Keys met no opposition and was fully endorsed at the recent MPA meeting in Islamorada because there were no surprises, said Bill Kelly, past president of the Islamorada Charter Captain s Association. There was support and commitment to provide a viable site beneficial to deepwater species of snapper and grouper. At the same time, a top priority was softening the economic impact to the small fishing villages in the Keys dependent on charter, recreational, and commercial fishing. Hearings continue through mid- February. A second round of public hearings specific to the options for Amendment 14 to the Snapper Grouper FMP will take place in the early part of Copies of the Informational Public Hearing Document can be obtained by contacting the Council office or on the web site at The public is encouraged to comment on information contained in the Public Hearing Document. Comments should be addressed to: Kerry O Malley, SAFMC, One Southpark Circle, Suite 306, Charleston, SC or via to: kerry.omalley@safmc.net Comments will be accepted until February 27, The South Atlantic Update Winter

10 HMS (Continued from page 7) Also, the summer fishery in the southeast targets yellowfin tuna, another Highly Migratory Species. The Council has been concerned that landings data for yellowfin have been under-reported and that could have a negative impact on our anglers in the future. The Council hears from the fishing community and we have more contact with the user groups than the HMS Division of NOAA Fisheries because our fisheries overlap. Fish don t know who they are managed by. Fishermen targeting such species as dolphin and wahoo, managed under the South Atlantic Council Plan, often catch yellowfin. It is important that the Council stay involved in management decisions, both in the national and international arenas. Q. What does the future hold for HMS in the south Atlantic? A. I m optimistic under the provisions of ICCAT and the U.S. taking the lead, we have a swordfish recovery. I think we are seeing a recovery of bluefin, although it is slow. International cooperation is key. For yellowfin and bigeye tunas, we are at or near MSY (maximum sustainable yield) and attention needs to be given to these species. Bluefin, yellowfin, bigeye and albacore all have very different life cycles and occupy different areas of the water column. Is this an argument for ecosystem-based management? I don t know, but these are predators at the very top of the food chain. We have a lot of technology now and it is easier to reduce the numbers of fish left in the water. Fisheries management does work. Recovery of the swordfish fishery shows that. We now have our recreational fishery back, as well as supplies for the commercial market. Successful fisheries management calls for hard choices and we re not very good at making hard choices. I must admit I have an almost romantic view of tuna. They are so efficient. They swim almost without turbulence. They re fast. They re strong. They are symetrical both the large and small fish. They have a life cycle that is intellectually interesting. I like to look at them and I like to eat them. For more information: NOAA Fisheries, HMS Division Tag-A-Giant, Hopkins Marine Station Monterey Bay Aquarium N.C. Division of Marine Fisheries 10 The South Atlantic Update Winter 2004 SOUTH ATLANTIC SEASONAL CLOSURE AND POSSESSION LIMITS Red Porgy During January, February, March and April each year, the harvest or possession of red porgy in or from the South Atlantic Exclusive Economic Zone (EEZ) on board a vessel with a Federal snapper-grouper permit (charter/headboat or commercial) is limited to one per person per day or one per person per trip, whichever is more restrictive. Also, red porgy can neither be sold nor purchased during the closed season. The minimum size limit for red porgy is 14 inches total length. Black Grouper and Gag During March and April each year, the possession of black grouper and gag in or from the South Atlantic EEZ on board a vessel with a Federal snapper-grouper permit (charter/headboat or commercial) is limited to two black grouper or gag, combined, per person per day or two per person per trip, whichever is more restrictive. Also, black grouper and gag cannot be purchased or sold during the closed season. The minimum size limit for black grouper and gag is 24 inches total length. Amberjack During April each year, the possession of greater amberjack in or from the South Atlantic EEZ on board a vessel with a Federal snapper-grouper permit (charter/ headboat or commercial) is limited to one per person per day or one per person per trip, whichever is more restrictive. Also, greater amberjack can neither be sold nor purchased during the closed season. The recreational minimum size limit for greater amberjack is 28 inches fork length; the commercial size limit is 36 inches fork length. Mutton Snapper During May and June each year, the possession of mutton snapper in or from the South Atlantic EEZ on vessels with a commercial snapper-grouper permit is limited to 10 per person per day or 10 per person per trip, whichever is more restrictive. The minimum size limit for mutton snapper is 16 inches total length. Cobia No person may possess more than two cobia per day in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, regardless of the number of trips or duration of a trip. The prohibitions listed above on sale/purchase do not apply to fish that were harvested, landed ashore, and sold prior to the start of the seasonal closure and were held in cold storage by a dealer or processor. The trip restrictions apply to all federally permitted vessels regardless of where harvested. Bag limits also apply to recreational fishermen.

11 New Publication Available Copies are available at or by contacting the Council office. To Conserve and Manage is a new publication of the South Atlantic Council providing an overview of the Council s management efforts. The document includes information on the components of fisheries management including policy and public participation, fisheries, habitat, protected resources, social and economic considerations and the future of ecosystem-based management. SAFMC Meeting Dates and Locations 2004 Schedule March 2-5 Sea Palms St. Simons Island, GA June Pier House Key West, FL September Pawleys Plantation Pawleys Island, SC December 6-10 Sheraton Atlantic Beach Atlantic Beach, NC Acronyms ACCSP - Atlantic Coast Cooperative Statistics Program AP - Advisory Panel ASMFC - Atlantic States Marine Fisheries Commission BRD - Bycatch Reduction Device CPUE - Catch Per Unit Effort EEZ - Exclusive Economic Zone EFH - Essential Fish Habitat EFH/HAPC - Essential Fish Habitat/Habitat Area of Particular Concern FMP - Fishery Management Plan HMS - Highly Migratory Species ITQ - Individual Transferable Quota MSY - Maximum Sustainable Yield MRFSS - Marine Recreational Fishing Statistics Survey NMFS - National Marine Fisheries Service OY - Optimum Yield SEDAR - Southeast Data, Assessment and Review SSC - Scientific & Statistical Committee SFA - Sustainable Fisheries Act TAC - Total Allowable Catch VMS - Vessel Monitoring System South Atlantic Fishery Management Council Meeting March 2-5*, 2004 Sea Palms 5445 Fredrica Road St. Simons Island, GA / or 912/ For a detailed agenda contact the Council office toll free at SAFMC-10 or 843/ The agenda is also available on the Council s web site PRELIMINARY AGENDA Tuesday 8:30-5:30 Snapper/Grouper Committee Meeting Wednesday 8:30-10:30 Snapper/Grouper Committee Meeting 10:30-12:00 Scientific & Statistical Selection Committee Meeting 1:30-5:30 Mackerel Committee Meeting Thursday 8:30-12:00 Shrimp Committee Meeting 1:30-6:00 Council Session Friday 8:00-1:00 Council Session * Council members will be involved with training regarding National Environmental Policy Act (NEPA) requirements in fishery management on Monday, March 1. Therefore, Committee meetings will not begin until Tuesday of the meeting week. The South Atlantic Update Winter

12 2004 Mark your calendar... March 2-5 March 8-11 March 8-12 South Atlantic Fishery Management Council Meeting, St. Simons Island, GA Atlantic States Marine Fisheries Commission Meeting, Alexandria, VA, Gulf of Mexico Fishery Management Council Meeting, Mobile, AL, South Atlantic Fishery Management Council Meeting March 2-5, 2004 St. Simons Island, GA March May 2-6 Mid-Atlantic Fishery Management Council Meeting, Wrightsville Beach, NC American Fisheries Society - 4th World Fisheries Congress, Vancouver, British Columbia, NOTICE! Council seeks public input regarding social and economic considerations for nine candidate sites for marine protected areas. Comment period open until February 27,2004. (see inside for details) Now you can contact the Council office Toll Free at 1-866/SAFMC-10 Visit the Council s Web Site at

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