T HE I MPOSSIBLE S TANDARD On June 30, 2010, the Yurok Tribe asked the Science Advisory Team to assign a high level of protection MPAs that permitted traditional tribal activities. The Science Advisory Team’s guidelines impose an Impossible Standard that assumes recreational harvest to the maximum extent permitted by law Is integral to the levels of protection analysis Has been consistently applied against the Tribes Prevents introduction of abundance and survey data Under this standard, even if Native Americans can show no harm from traditional harvest, we still lose. It REFUSED.

The science guidelines assume that activity can occur locally to the maximum extent allowable under current state and federal regulations.” Under this standard, the number of recreational fishermen assumed to fish in a marine protected area per day: 1,213,692 That is 46 sport fishermen per foot along the coastline in a 5 mile MPA. A N E XCESSIVE A SSUMPTION :

According to the SAT:In Reality: Shaded Area: 2.5 Hours Driving Each Way Limitations on access time: 8 Hours Sleep 8 Hours Work 2 Hours to eat, shop, family 5 Hours Driving 1 Hour to Harvest = 24 Hours. R EADING R OCK For instance: “Any activity can occur locally to the maximum extent allowable under current state and federal regulations.”

In applying the level of protection analysis to Dungeness crab, the MLPA staff departed from its claimed assumptions by considering: Commercial take numbers Restrictions on female take Population abundance Activities allowing take of Dungeness crab received a moderate-high level of protection. Your MPA wants to allow Native Americans to harvest rock crabs? I NCONSISTENT APPLICATION : So you want to allow take of Dungeness crab in an MPA? No problem. Sorry. The impossible standard is the one applied to Native American activities. Rock crabs therefore receive a low level of protection.

Pacific euchelon: NOAA Status: Threatened Coho salmon: NOAA Status: Threatened to Endangered Tidewater goby: NOAA Status: Endangered Mussel: Unrestricted harvest permitted Unacknowledged High Moderate-high Low Threatened Restricted Unrestricted Reverse correlation Reverse correlation : Threat to species versus levels of protection under the Marine Life Protection Act Endangered

Excessive Harvest Assumption Under the Excessive Harvest Assumption, any activity can occur locally to the maximum extent allowable under current state and federal regulations. Recreational fishermen per day: Resident licenses: 1,179,373 Lifetime licenses: 10,804 Non-resident: 10,383 Non-resident 10-day: 397 (= 10 x (14504/365)) 1 day: 1567 (= 572,095/365) 2 day: 702 (=2 x (128,115/365)) Reduced fee: 10,468 Total: 1,213,692 That is 46 sport fishermen per foot along the coastline in a 5 mile MPA.

In applying the level of protection analysis to Dungeness crab, the MLPA staff departed from its claimed assumptions by considering: Commercial take numbers Restrictions of female Population abundance The Native American standard did apply to rock crabs, which receive a low level of protection. Inconsistent application: Didn’t apply the Native American Standard to Dungeness crab ! Didn’t apply the Native American Standard to Surf smelt ! Didn’t apply the Native American Standard to Spearfishing !