South Atlantic Update Published for fishermen and others interested in federal marine resource conservation issues Summer 2017

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1 The South Atlantic Fishery Management Council s South Atlantic Update Published for fishermen and others interested in federal marine resource conservation issues Summer 2017 September Council Meeting Focuses on Possible Red Snapper Season Changes to annual catch limits proposed; Request for Emergency Action could prompt 2017 season Red snapper are on the rebound off the South Atlantic coast. The stock is under a rebuilding plan and fishermen continue to comment about the number of fish they are catching - and releasing - as the fishery remains closed. But that may be about to change. On Monday, September 11, 2017, members of the South Atlantic Council will meet in full session to address management alternatives to allow a limited harvest of red snapper for the first time since 2014 (see agenda p. 7). Management alternatives are being considered in Amendment 43 to the Snapper Grouper Fishery Management Plan that may allow for a limited season in The amendment would modify the annual catch limit for red snapper to allow limited harvest while preventing overfishing and allowing the stock to continue to rebuild. During Monday s meeting, the Council will also discuss options for possibly requesting NOAA Fisheries take emergency action to allow a limited harvest in Background The red snapper fishery was first closed in January 2010 following a benchmark stock assessment showing the red snapper stock was severely overfished and overfising was occurring. Large area closures were also considered where fishing for all snapper grouper species would have been prohibited to further reduce the number of dead discards - fish that are released but die due to hooking injuries, barotrauma, and/or predation. The area closures were later deemed unnecessary. In 2012, 2013 and 2014, limited or mini seasons were allowed for both the recreational and commercial red snapper fishery. Harvest hasn t been allowed since 2014 because total removals (landings plus dead discards) exceeded the acceptable biological catch established in Snapper Grouper Amendment 28, approved in Amendment 28 established a process that would set the annual catch limit to zero (no mini season) if total removals exceeded the acceptable biological catch in the previous year. The estimated number of red snapper dead discards has exceeded the acceptable biological catch since 2014, leading to an annual catch limit of zero and no harvest. Red Snapper Comment September 11 at 10:15 AM September 11-15, 2017 Council Meeting See page 7 for details Public Comment September 13 at 4:30 PM Inside This Issue: Credit: Mark Brown, Teaser II Charters Red snapper bring smiles to fishermen during the 2014 miniseason. The total removals (landings plus estimated dead discards) have exceeded the acceptable biological catch since that time, preventing the fishery from reopening. The Council is considering changes to allow a limited harvest beginning in July 2018 and perhaps a brief opening in Amendment 43 - Targeting a Season for 2018 A new benchmark stock assessment for red snapper was completed in 2017, using data through The assessment showed the stock continuing to rebuild, but still overfished and continuing to experience overfishing - as fishermen continued to release more and more fish. The Council s Scientific and Statistical Committee recommended acceptable biological catch levels for red snapper based on the assessment, using landings and estimated discards. However, NOAA Fisheries later stated the use of an acceptable biological catch based primarily on recreational discard estimates is likely ineffective for monitoring (Continued page 5) From the Chair...2 In The News...3 New Spawning SMZs...3 Hogfish Regulation Changes...4 Best Practices...4 From the Executive Director s Desk...6 September 2017 Meeting Agenda...7 Calendar...8 The South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N ; Telephone: (843) or Toll Free 866/SAFMC-10; FAX: (843) ; safmc@safmc.net

2 SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL Gregg T. Waugh Executive Director Dr. Brian Cheuvront, Deputy John Carmichael, Deputy VOTING MEMBERS Designated State Officials Dr. Michelle Duval - Chair Jessica McCawley Morehead City, NC Tallahassee, FL (252) (850) Doug Haymans Mel Bell Brunswick, GA (912) (843) Appointed Obligatory Members Ben Hartig Tim Griner Hobe Sound, FL Charlotte, NC (772) (252) Zack Bowen Chris Conklin Savannah,GA Murrells Inlet, SC (912) / Appointed At-Large Members W. Chester Brewer Charlie Phillips, Vice Chair West Palm Beach, FL Townsend, GA (561) (912) Mark Brown Anna Barrios Beckwith Mt. Pleasant, SC Morehead City, NC (843) (252) NMFS Regional Administrator Dr. Roy Crabtree St. Petersburg, FL (727) Non-Voting Members Robert Beale Dr. Wilson Laney ASMFC U. S. Fish & Wildlife Washington, DC Raleigh, NC (202) (919) LCDR Jeremy Montes Deirdre Warner-Kramer U. S. Coast Guard State Department Miami, FL Washington, DC 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. Submissions may be mailed to Kim Iverson, Editor, South Atlantic Update, 4055 Faber Place Dr., Suite 201, N , 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. NFA15NMF Going Home : reflecting on two years as Council Chair Chairman s Perspective Dr. Michelle Duval, Council Chair I think Forrest Gump said it best I m pretty tired I think I ll go home now. While it has been an incredible honor to serve as your Council Chair, the past two years have probably been the most challenging and exhausting of my 20 years in this field (and I realize I am but a pup compared to some ). I *am* pretty tired, and definitely ready to go home to my previous space at the corner of the table with my fellow North Carolina representatives. From my perspective, one of the greatest opportunities that the chairmanship affords is the chance to communicate with all parties who have a role in or are impacted by the management process -- from scientists who provide data and research, conduct our stock assessments, and serve on our SSC; to stakeholders from all user groups, constituencies, and parts of the region. It is also one of the greatest challenges -- I have listened to people s frustrations, ideas for the future, and local perspectives regarding our fisheries, and have tried to build some level of understanding among the many diverse viewpoints. While I believe all Council members bear responsibility to foster this type of understanding, I think it weighs most heavily on one when your name is at the top of the letterhead and your signature is at the bottom. Understanding does not equate to agreement, but at least it provides common ground for compromise and creative solutions. By the time anyone reads this, we will be hurtling towards yet another busy Council meeting and electing new leadership. I ve had the opportunity the past several years to interact with the leadership of other councils and learn about their processes to see if we might improve upon ours and we have benefitted from those exchanges in multiple ways. One of the parts of our process that I have always appreciated is the regular rotation of Council leadership, which is not consistently done in other regions. Everyone brings different skill sets to the Council table, and I believe it is incredibly valuable to have that reflected in our leadership. I think it s equally important to share the responsibility of being the face of the Council because it is not easy. It forces thinking from perspectives outside your own, and you are always on the hook to explain the Council s rationale no matter what the decision or when the action was taken. Finally, I want to extend my sincere appreciation to everyone with whom I ve had the privilege to interact during the past two years stakeholders, scientists, staff. Thank you for your patience, experiences, education and strong conversations ;-). Time to go home. Michelle 2

3 In the News: ASMFC Public Hearings for Atlantic Cobia The Atlantic States Marine Fisheries Commission is holding a series of public hearings, including one at the September Council meeting, on proposed management of Atlantic cobia (GA to NY). The recreational fishery for Atlantic cobia is currently closed in federal waters. The intent of the Draft Fishery Management Plan (FMP) is to complement federal Atlantic cobia management actions and distribute catches among member states through a proposed allocation strategy. The Draft FMP was initiated in response to recent overages of the federal annual catch limit (ACL) for Atlantic cobia. The Draft FMP addresses immediate management and conservation goals in anticipation of a new benchmark stock assessment available in late Management options include size, bag, and vessel limits to complement federal measures. The most significant change may come in the form of state-specific recreational allocations. Comments are due October 6, Learn more at: asmfc.org. New SAFMC Fishermen s Forum Offers Open Dialogue New Special Management Zones Offer Protection for Spawning Fish Five new Spawning Special Management Zones (SMZs) have been established to protect spawning areas important for species within the snapper grouper management complex. Measures will also reduce bycatch and bycatch These areas aren t huge and don t have to be. Capture the right amount of real estate or create the real estate and protect it, and you ve created huge benefit to the system. Mel Bell, SCDNR mortality for snapper grouper species, including speckled hind and warsaw grouper, two deepwater species that remain vulnerable to overfishing despite being prohibited from harvest since 1994 in federal waters off the South Atlantic. The areas were selected from a list of 11candidate sites after two rounds of public hearings beginnning in Mutton snapper gather to spawn NOAA Fisheries The South Atlantic Fishery Management Council announces its latest resource, an online Fishermen s Forum to host discussions of fisheries management issues in the federal waters of the South Atlantic. The platform will be a space to ask questions, discuss management concerns, and hear from peers located in other states in the region. The new Forum is currently designed for Federal Commercial Snapper Grouper Permit holders in the South Atlantic. We hope to see the forum expand to other user groups in the future. So, if you are a stakeholder other than a commercial snapper grouper permit holder, then stay tuned. We think we ll have something for you soon. In the meantime, keep track of the discussion (it s all public). Note: the Fishermen s Forum will not be considered on-record public comments. General public comment forms are available at: The Council also considered recommendations from its Snapper Grouper Advisory Panel and input from scientists and fishermen involved in cooperative research as it chose the five sites and determined size and configuration. The Spawning SMZs, established by Amendment 36 to the Snapper Grouper Fishery Management Plan, include two established artificial reef research areas off the coast of South Carolina established by the SC Department of Natural Resources. The amendment also moves the existing boundary for the Charleston Deep Artificial Reef Marine Protected Area to match the boundaries of the permitted site. In addition to the designations, the Council has developed a System Management Plan to address research and monitoring needs, outreach, law enforcement and resource protection, and administrative/financial needs for the Spawning SMZs. The Council also established a sunset provision whereby the Spawning SMZ designation could be removed after 10 years. A new Fishermen s Forum is now available for fishermen with a Federal Commercial Snapper Grouper Permit. Sign up at: Questions? Contact Cameron Rhodes Outreach Specialist cameron.rhodes@safmc.net NOAA Fisheries Five new Spawning SMZs have been established effective July 31, Restrictions in the areas will help protect spawning areas important to snapper grouper species. Fishing for or retention of snapper grouper species is prohibited within the SMZs. Anchoring is prohibited with the exception of Areas 51 and 53. Transit is allowed if gear is properly stowed. A 10-year sunset provision was also approved. For more information visit: 3

4 On August 24, 2017, new management boundaries and regulations for hogfish became effective. On the same date, NOAA Fisheries announced the closure of the Florida Key/East Florida stock of hogfish for both the recreational and commercial fisheries after the new annual catch limit for the stock was reached. The closure applies to federal waters along the east coast of Florida, throughout the Florida Keys and northward in the Gulf of Mexico to Cape Sable, Florida (see map). New regulations have been implemented for separate hogfish stocks in the South Atlantic. The FL Keys/East Florida stock is closed to harvest in federal waters. New Management Boundaries and Regulations for Hogfish Commercial and recreational fishery closed for Florida Keys/East Florida Stock Management Measures Minimum size limit (commercial and recreational) Georgia-North Carolina FL Keys/East FL 17 inches fork length 16 inches fork length Commercial trip limit 500 pounds (ww) 25 pounds (ww) Recreational bag limit 2 fish/person per day 1 fish/person per day Recreational fishing season Open year round Open May-October Closed January-April; November-December The most recent stock assessment for hogfish identified two separate stocks in the South Atlantic: 1) the Georgia/ North Carolina stock and 2) the Florida Keys/East Florida stock. Readily targeted by both hook-and-line and spearfishermen for their delicious meat, the Florida Keys/East Florida stock is overfished and overfishing is occurring. To end overfishing, the Council approved Snapper Grouper Amendment 37 in 2016 with reductions in annual catch limits and new regulations to reduce harvest. The recreational season will reopen in federal waters in May Florida state waters remain open to recreational harvest but the Florida Fish & Wildlife Commission will consider state water closures during its Sepember 2017 meeting. Spearfishing for hogfish is popular along the east coast of Florida and the Florida Keys. The fishery closed August 24th in federal waters after reaching the new annual catch limit to reduce harvest and end overfishing. Although state waters remain open to recreational harvest, federally permitted snapper grouper commercial and for-hire (charter) vessels are prohibited from harvesting hogfish in both state and federal waters. TCPalm New stock boundaries for hogfish have been established. For additional information about this and other regulation changes for hogfish, visit: am37/index.html. Best Practices - How you can help reduce the number of released fish and improve the odds that the next fish you release will survive Recreational anglers are responsible for the majority of red snapper released throughout the fishing year. A few simple steps can help reduce encounters and further reduce mortality rates. Avoid known areas where red snapper occur. Maybe that s easier said than done, but move off of an area if they are biting two at a time. Descending devices can help fish survive barotrauma, physical stress casused from being removed from deeper water. The Florida Fish & Wildlife Conservation Commission has an new series of instructional videos available via YouTube on how to use various descending devices. Check it out! Visit: MyFWC.com/Saltwater Fishing Be prepared to release a fish. Don t wait until the fish is at the boat to get your act together. Have a descending device ready if needed, your dehooker at hand, and camera ready! Minimize the time the fish out of the water. FWC Use a descending device in depths > 100 or if a fish shows signs of barotrauma Bloated stomach, everted stomach, popeyes? Grab that descending device. 4

5 Red Snapper (Continued from page 1) red snapper removals due to uncertainty in the estimates of discards. In addition, the Marine Recreational Information Program (MRIP), the primary source of recreational data in the Southeast, is currently changing its methods for calculating recreational effort. Hence, the Acceptable Biolgical Catch for red snapper is currently unknown. However, the Council can still specify an annual catch limit. The Council is considering conservative measures through Amendment 43 to allow for a red snapper mini-season in The amendment includes alternatives for an interim annual catch limit based on landings from 2012, 2013, and Some of the catch limit alternatives are adjusted based on increases in the numbers of red snapper observed through a long-term scientific survey using fish traps. The increase in population is an encouraging sign that management has been effective in addressing overfishing. The Council will review and discuss alternatives for a 2018 annual catch limit and choose a preferred alternative that will ultimately determine the length of a 2018 season. The Council is scheduled to approve/disapprove Snapper Grouper Amendment 43 for Secretarial on Monday during the Full Council session. Emergency Action? - possible request for a 2017 opening They re everywhere! I can t get my line down to fish for anything else, - is a common thread of comments heard Data collection efforts by state agencies intensified during the 2014 red snapper mini-season. Opening the fishery to a limited harvest would allow for additional data, critical for an accurate stock assessment. from constituents from North Carolina to Florida, as fishermen continue to release red snapper under current restrictions. Legislators as well as municipalities, travel and tourism agencies, and marinerelated industry leaders continue to express concern about the economic and social impacts of the closure and support an opening of the fishery. The Council will consider requesting NOAA Fisheries take emergency action to allow limited harvest of red snapper before the end of 2017 based on recent data indicating an increase in abundance. A decision will be made during the special Monday meeting of the full Council. Working Toward a Red Snapper Season Amendment 43 Changes to annual catch limits (ACLs) to allow for a 2018 season 2018 ACL Alternatives range from zero (no action) to 79,919 fish (recreational + commercial) Projected Seasons (dependent on preferred ACL) - Recreational days range from zero (no action) to 28 days total - Commercial season ranges from zero (no action) to no closure Regulations - 1 fish/person per day recreational - Commercial trip limit = 75 lbs. - No minimum size limit Allocation - Uses current allocation of 71.93% rec 28.07% commercial Emergency Action Council could request that NOAA Fisheries take emergency action to open a limited season in Use same ACL alternatives, regulations, and allocations as Amendment 43 - Possible mini-season in October The Full Council will meet on Monday, September 11, 2017 to make final decisions on Amendment 43 and any request for emergency action. Public comment will be accepted at 10:15 am as part of the meeting. Agenda and meeting materials available at: safmc.net/safmc-meetings/councilmeetings/ Have a Red Snapper Comment or Recommendation? The Council is soliciting public comment on measures proposed in Snapper Grouper Amendment 43 and a possible emergency rule through September 11, Submit your comment using the Online Comment Form available from the Council s website - and read what others are saying at: safmc.net/2017-septembercouncil-meeting/ Charter fishermen show off their catches during the 2014 mini-season. Council members must balance allowing access to the fishery while preventing overfishing and allowing the stock to continue to rebuild. Follow the Council Discussion via Webinar as it Occurs Can t attend the meeting? Register for daily webinar coverage using the meeting link above! 5

6 From The Executive Director s Desk Magnuson-Stevens Act - Time for Reauthorization The Magnuson-Stevens Fishery Conservation and Management Act (MSA), the primary law governing marine fisheries, was last amended through January Gregg Waugh 12, 2017 and signed into law by President Bush. There is no doubt that changes to the MSA have been effective in ending overfishing and rebuilding a number of overfished stocks. Under the last reauthorization, the regional fishery management councils were held accountable to develop and specify the following catch specifications for every species regardless of whether a stock assessment was available or not. Acceptable Biological Catch (ABC) maximum allowable harvest to prevent overfishing; set by the Scientific & Statistical Committee using an ABC Control Rule developed by the SSC and Council. Annual Catch Limit (ACL) hard quota management for recreational and commercial fisheries; set by the Council but cannot exceed the ABC. Accountability Measures (AMs) used to prevent exceeding the ACL, includes in-season recreational and commercial closures and paybacks in following years. This approach works well IF you have a current stock assessment and IF there is a system in place to adequately track recreational and commercial catches in real time. Unfortunately, while the MSA put strict accountability on the councils, a similar level of accountability is lacking for the production of data and stock assessments. The MSA has been around for over 40 years and yet we are still lacking many of the basic systems for adequate data collection, much less the actual data itself. This situation is particularly acute in the southeast. Commercial landings implementation of an electronic reporting system for federally permitted seafood dealers has improved reporting of commercial landings in a timely manner but late reporting is still a problem. Electronic logbook reporting from federally permitted fishermen, which could be used to verify commercial dealer reporting, is still not available. Recreational landings & discards Despite modifications and improvements over the years to the Marine Recreational Information Program (MRIP), data are still not useful for ACL management of many economically important federally regulated species (e.g., uncertainty with red snapper discards prevent updated projections in South Atlantic). Size and age data sample collection remains inadequate and resources needed to process the data have become a new bottleneck to more stock assessments. Fishermen have complained about the high cost (in terms of lost economic benefits) of the current ACL management system, particularly in the southeast where data are severely lacking. Well, now is your chance to have an impact. There are several bills currently being discussed that propose changes to the MSA that would address some of your concerns: HR Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act - Rep. Young (R-Alaska) introduced HR 200 on January 3, 2017 and it was referred to the Committee on Natural Resources. This is a comprehensive bill that would address the 10-year rebuilding time frame, provide flexibility for using ACLs, distinguish between overfished and depleted, improve transparency and the public process, limit future catch share programs, address data/research (particularly recreational data), address red snapper management in the Gulf of Mexico, and provide more flexibility for recreational management. HR 200 would reauthorize the Act through HR 2023 Modernizing Recreational Fisheries Management Act of Rep. Graves (R-Louisiana) introduced HR 2023 on April 6, 2017 and it was referred to the House Natural Resources Committee. This bill focuses primarily on recreational issues: allocation review for South Atlantic and Gulf of Mexico mixed-use fisheries, alternative fishery management in recreational fisheries, a moratorium on Limited Access Privilege Programs (LAPPs) in mixed-use fisheries, address the 10-year rebuilding requirement, modify ACL requirements, limit use of exempted fishing permits, and address recreational fishery information, research, and development. HR 2023 does not reauthorize the MSA. S 1520 Modernizing Recreational Fisheries Management Act of 2017 Sen. Wicker (R-Mississippi) introduced S 1520 on July 10, 2017; the bill was read twice and referred to the Committee on Commerce, Science, and Transportation. This is a companion bill to HR 2023 and so is very similar in content. S 1520 changes the allocation review requirement from 3 years to 5 years, requires a National Academy of Science study of LAPPs and imposes a temporary moratorium until the report is submitted, drops use of depleted, proposes more restrictive changes to ACL management, proposes exempted fishing permits measures that are less restrictive than HR 2023, and changes proposed recreational funding from MRIP to the Saltonstall-Kennedy Grant Program. S 1520 does not reauthorize the MSA. Want more information? The Council will be discussing recommendations on these bills during its Executive Finance Committee meeting in September (see agenda next page). Information is available at: Learn more. Get Involved. Let your voice be heard! Gregg 6

7 Know Before You Go! Download SA Fishing Regulations App Keep up with the latest federal fishing regulations Scan the appropriate QR code below or search SA Fishing Regulations to download your free App today! Apple/Iphone Android SAFMC Meeting Dates and Locations 2017 Schedule March 6-10, 2017 Westin Jekyll Island 110 Ocean Way Jekyll Island, GA Phone: 912/ June 12-16, 2017 Sawgrass Marriott 1000 PGA Tour Blvd. Ponte Vedra Beach, FL Phone: 904/ September 11-15, 2017 Town & Country Inn 2008 Savannah Hwy. Phone: 843/ December 4-8, 2017 Doubletree Oceanfront 2717 W. Ft. Macon Rd. Atlantic Beach, NC Phone: 252/ Acronyms ABC - Acceptable Biological Catch ACCSP - Atlantic Coastal Cooperative Statistics Program ACL - Annual Catch Limit AM - Accountability Measure ACT - Annual Catch Target AP - Advisory Panel ASMFC - Atlantic States Marine Fisheries Commission BRD - Bycatch Reduction Device 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 MSA - Magnuson-Stevens Act MSY - Maximum Sustainable Yield MRIP - Marine Recreational Information Program NMFS - National Marine Fisheries Service OY - Optimum Yield SEDAR - Southeast Data, Assessment, and Review (stock assessment process) SSC - Scientific & Statistical Committee TAC - Total Allowable Catch VMS - Vessel Monitoring System South Atlantic Fishery Management Council Meeting September 11-15, 2017 Town & Country Inn 2008 Savannah Highway Charleston SC Phone: 843/ A detailed agenda is posted on the Council s website at or contact the Council office toll free at 1-866/SAFMC-10 or 843/ MEETING AGENDA Monday 9:00-5:00 - Council Session - 10:15 Public Comment on Red Snapper Tuesday 8:30-10:00 Advisory Panel Selection Committee (Closed Session) 10:00-12:00 Habitat Protection & Ecosystem-Based Management Committee 1:30-2:30 SEDAR Committee 2:30-5:30 Snapper Grouper Committee Wednesday 8:30-4:30 Snapper Grouper Committee (continued) 4:30 Formal Public Comment Thursday 8:00-9:00 Personnel Committee (Closed Session) 9:00-12:00 Mackerel Cobia Committee 1:30-4:00 Executive Finance Committee 4:00-5:00 - Council Session - 6:00 ASMFC Public Hearing on Atlantic Cobia Friday 8:30-1:00 - Council Session - Note! Follow the Council meeting live online Watch the Council meeting via webinar from Charleston, SC. Registration information is available from the September 2017 Meeting Information page at Channel SAFMC SouthAtlanticCouncil 7

8 Mark your calendar October 2-6 Gulf of Mexico Fishery Management Council Meeting Biloxi, MS October Mid-Atlantic Fishery Management Council Meeting Long Island, NY October SAFMC Information & Education Advisory Panel Meeting South Atlantic Fishery Management Council Meeting September 11-15, 2017 October SAFMC Snapper Grouper Advisory Panel Meeting October Atlantic States Marine Fisheries Commission Meeting Alexandria, VA October SAFMC Scientific and Statistical Committee Meeting November SAFMC Habitat & Ecosystem-Based Mgmt. Advisory Panel Meeting St. Petersburg, FL Know Before You Go! Download the FREE SA Fishing Regulations mobile App today. U.S. DEPARTMENT OF COMMERCE National Oceanic And Atmospheric Administration South Atlantic Fishery Management Council 4055 Faber Place Drive, Suite 201 North First Class U.S. Postage PAID Permit I-25

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