U.S. Atlantic Federal Shark Management. Karyl Brewster-Geisz Highly Migratory Species Management Division NMFS/NOAA May 2012

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1 U.S. Atlantic Federal Shark Management Karyl Brewster-Geisz Highly Migratory Species Management Division NMFS/NOAA May 2012

2 Outline Federal Statutes and Management Structure International and State-Water Management Examples Scalloped Hammerhead Sharks Smoothhound Sharks How to be Involved in the Process 2

3 Federal Statutes and Management Structure 3

4 Magnuson-Steven Fishery Conservation and Management Act Provides NOAA the authority to manage fisheries Most fisheries are managed through the Regional Fishery Management Councils Atlantic Highly Migratory Species (sharks, tunas, swordfish, and billfish) are managed by the HMS Management Division of NOAA Fisheries, i.e., there is no Fishery Management Council 4

5 Highly Migratory Species (HMS) Management Overview Some provisions of the Magnuson-Stevens Act still apply National Standards (Sec. 301) - Prevent overfishing - Promote safety at sea - Minimize bycatch - Use best available science FMP content requirements (Sec. 303) - Contain measures necessary to rebuild overfished stocks - Describe and identify essential fish habitat - Cumulative impact assessment Some provisions are unique to HMS Advisory Panel (Sec. 302) Certain international considerations (Sec. 304(g)) Certain FMP requirements (Sec. 304(g)) 5

6 Endangered Species Act Endangered = illegal for any person subject to the jurisdiction of the United States to: Import/export out of the U.S.; Take the species within the U.S., the territorial sea of the U.S., or upon the high seas; Possess, sell, deliver, carry, transport, or ship the species in interstate or foreign commerce Sell or offer the species for sale Threatened = species-specific restrictions Once listed, the listing must be reviewed every 5 years 6

7 Other Relevant Domestic Statutes Marine Mammal Protection Act (MMPA) National Environmental Policy Act (NEPA) Coastal Zone Management Act (CZMA) Administrative Procedure Act (APA) Regulatory Flexibility Act (RFA) Paperwork Reduction Act (PRA) Information Quality Act (IQA) Executive Order significance Executive Order federalism 7

8 International and State-Water Management 8

9 ICCAT and ATCA International Commission for the Conservation of Atlantic Tunas (ICCAT) Management recommendations for tunas, billfish, swordfish, and (increasingly) sharks (generally as bycatch) Recommendations are binding; resolutions are not HMS Management Division implements ICCAT recommendations and resolutions as necessary and appropriate through regulations under ATCA Atlantic Tunas Convention Act (ATCA) Domestic legislative authority to implement ICCAT recs Regulates all fishing activities (including research) for ICCAT managed species Limits subsequent action that could increase or decrease any U.S. allocation of quota agreed to at ICCAT 9

10 Convention on International Trade in Endangered Species (CITES) CITES = treaty designed to control and regulate international trade of species that are at risk for extinction and are affected by trade 175 countries are Parties Meetings are held every 2 to 3 years Appendix I: All trade is prohibited (e.g., elephant) Appendix II: All trade is monitored; export permit is required (e.g., white shark) Appendix III: Unilateral decision; permit required if exporting from that country (e.g., snapping turtle) 10

11 State-Water Management NOAA Fisheries manages shark fisheries in federal waters and high seas; federal permit holders must follow federal regulations unless state has more restrictive regulations States manage shark fisheries in their own waters (generally out to 3 miles) Atlantic States Marine Fisheries Commission has Coastwide Shark Fishery Management Plan from ME to FL 11

12 Example: Scalloped Hammerhead Shark 12

13 Domestic Management Currently managed as a large coastal shark Basic requirements: - Commercial, Recreational, and Dealer Permits - Comm. quota and reporting, Rec. bag and size limit - Fins naturally attached, no filleting at sea Status determination (4/28/2011) overfished, experiencing overfishing Working on rebuilding plan in Amendment 5 proposed rule expected late summer State regs. generally consistent with Federal measures 13

14 ESA Petition (August 14, 2011) opedhammerheadshark.htm/ Petition received to list scalloped hammerhead shark as Threatened (T) or Endangered (E) throughout its entire range, or delineate the species into 5 Distinct Populations Segments Announced a positive 90-day finding in the Federal Register (11/28/11), acknowledging that the listing of scalloped hammerhead shark as T or E may be warranted Initiation of status review and request for information Public comment period ended 1/27/12 In Review Process: consider population structure, demographics, genetic diversity, life-history characteristics, threats, and extinction risk; do not consider economic impacts 14

15 ICCAT: International Management 2010 Recommendation prohibited retention, landing, storing, and sale of all hammerhead sharks (except bonnethead) In August 2011, U.S. implemented recommendation for ICCAT fisheries, not directed shark fisheries CITES: In 2010, U.S. proposed scalloped, great, and smooth hammerheads for listing under Appendix II, not approved U.S. currently accepting comments (thru 6/11) on potential proposals for March 2013 meeting 15

16 Example: Smoothound Sharks 16

17 Domestic Management Added to HMS management unit in 2010 Measures were intended to go into effect in 2012 but were delayed indefinitely in November 2011 Need to finish ESA consultation Need to implement the Savings Clause of the Shark Conservation Act Stock status currently unknown; stock assessment tentatively expected in

18 State-water Management Atlantic States Marine Fisheries Commission implemented smoothhound regulations for state waters (ME FL) in 2010 Recreational measures: No filleting at sea, no min. size, no bag limit Commercial measures: Fins may be completely removed March-June with 5% fin/carcass ratio; July-February must keep dorsal fin attached 18

19 Get Involved! 19

20 HMS Rulemaking Process New Info/ Review Scoping/ Public comment Final Rule/ Public outreach Proposed rule/ Public comment 20

21 How to Submit Comments and Find Out What s Happening submit electronic comments, review other written comments Attend public hearings: provide oral comments, hear what others have to say Attend Council and/or Atlantic HMS AP meetings Sign up for Atlantic HMS News: Sign up for Fishnews: 21

22 Contact Information Karyl Brewster-Geisz Karyl.Brewster-Geisz@noaa.gov 22