Caribbean Fishery Management Council 150 th Meeting, August Rio Mar Puerto Rico RESULTS SCOPING MEETINGS Timing of Accountability Measure-Based Seasonal Closure

DATES AND ADDRESSES: The Public Hearings and Scoping Meetings were held on the following dates and locations: In the U.S. Virgin Islands: June 23 rd, :15 p.m. – 10:00 p.m. Windward Passage Hotel, Charlotte Amalie, St. Thomas, U.S. Virgin Islands. June 24 th, :15 p.m. – 10:00 p.m. – Buccaneer Hotel, Estate Shoys, Christiansted, St. Croix, U.S. Virgin Islands In Puerto Rico: June 23 rd, 2014 – 8:15 p.m.- 10:00 p.m. - at the Holiday Inn Ponce & Tropical Casino, 3315 Ponce By Pass, Ponce, Puerto Rico. June 24 th, 2014 – 8:15 p.m. – 10:00 p.m. – Doubletree by Hilton San Juan Hotel, De Diego Avenue, San Juan, Puerto Rico. June 25 th, 2014 – 8:15 p.m. – 10:00 p.m. Club Náutico de Arecibo, Rd. 681 Km 1.4, Arecibo, Puerto Rico June 26 th, 2014 – 8:15 p.m. – 10:00 p.m. - Mayaguez Holiday Inn, 2701 Hostos Avenue, Mayaguez, Puerto Rico You added Mayaguez Resort & Casino to your Saves list June 30 th, :15 p.m. – 10:00 p.m. – Asociación de Pescadores Unidos de Playa Húcares de Naguabo, Naguabo, Puerto Rico.

What for? In U.S. Caribbean federal waters, accountability measures (AMs) require NMFS’ Assistant Administrator to shorten the length of the fishing season if it has been determined that prior years landings exceeded the annual catch limit (ACL) for a fishery management unit (FMU).

Why? Fishers have stated that the current timing of seasonal closures, due to exceedance in ACLs, have a negative socio-economic impact in the fish market, causing an economic burden given that during the December holiday season prices are highest with a better return to investment

Why? There is a need to establish a policy and create an environment that provides NMFS and the Caribbean Fishery Management Council with closure options other than the default end of the year closure in the event of an ACL overage.

Purpose The purpose of this action is to develop and establish a mechanism that would consider economic and social effects in the protocol to set the timing of accountability measure (AM)- based closures. Goals: To remain within the corresponding annual catch limits (ACLs) To minimize socio-economic impacts.

Inter-related biological, economic, and socio- cultural goals of the proposed action. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 7 Biological Stay within the ACL Economic Maximize Revenue Social/Cultural Avoid negative socio-cultural and market impacts

OPTIONS: Possible mechanisms to implement accountability measure-based seasonal closures if ACLs are exceeded:

1) No Action: Default AM-Closure Date Accountability measure-based closures would continue to be implemented beginning on December 31st of the appropriate year and extending backwards in the year for the number of days necessary to achieve the required reduction in landings.

2) “ Customized” Approach/ Mechanism Change the default AM-closure date (closures start from December 31st going backwards). This procedure to set the timing of the closures would consist of performing an analysis every year for those units that exceeded the ACL over the average of a chosen number of years, and choosing the best date to close the season for the next year based on that specific analysis.

3) “Upfront” Timing Approach-Pre-Determined AM-Based Closure Dates This approach would consist of a one-time predetermination and establishment of closure dates (e.g., start or end date) for all Council FMUs (or alternatively apply the analysis to a selected group of FMUs) and implement through rulemaking. The start or end date would not have to be the same for each FMU.

Participation and Comments Received: #People presentCommentsWritten Comments St. Thomas125*0 Ponce000 St. Croix300 San Juan2560 Arecibo**20140 Mayagüez**1721 Naguabo**2860 Written Comments (7/25/14) STFA- AccountabilityMeas ures.pdf *STFA: Preferred Alternative **Presidents and Representatives speaking on behalf of fishing associations

Comments Received: Approach 1Approach 2Approach 3 St. Thomas (12/5/3) 12 Ponce (0/0/0) St. Croix (3/1/0) e.g., April-May for lobster San Juan (25/6/0) Arecibo (20/14/1) 1 Mayagüez (17/2/0) Naguabo (28/5/0)

Comments Received - USVI USVI Need to assess the stocks and determine if the closures already in place and the ACL closures have not had a positive impact Need list of the species by island Better outreach Better explanation

Comments Received- Puerto Rico Need to include the timing of the many seasonal closures that are already in place. These directly impact the economic situation of the fishers. Need to assess the differences among the coasts in PR Loss of habitat, contamination cause decrease in fish populations Need to assess the demand versus the amount of fish available Climate change needs to be included in the model Weather needs to be incorporated in the discussion, changes in landings with storms and hurricanes, El Niño/La Niña, rain-droughts Variability in catches vary with the moons, among years, doesn’t mean the fish are not there Need catch data corroborated in real time Need more port agents Need to assess the data in relation to the fishing licenses of part time and full time fishers No imports during closures Assess the recreational catch Better outreach – need to present the data to the fishing associations Better explanation

MOTION

Advantage: AM closures that start on this default date guarantee that the time needed to account for ACL overages can be fully accomplished during the year. Caveats: Identified by fishers as having negative social and economic effects. If several units exceed their ACL during the same year and AMs are required, the resultant closures overlap for at least some period of time, with negative effects. Closing the season from December 31 st backwards results in the fishery being closed during the culturally and economically important Christmas season. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 18 1) Default AM Closure Date

Advantage: Provides annual flexibility when applying AMs Caveats: Closure would not be implemented in time for it to be effective by the start of the next fishing year. May not be practical because of time requirements: The revised landings data used to make closure determinations are generally not available until late in the year preceding the closure year, especially for the USVI because of fishing year considerations. Time for required regulatory processes: 1.Council meetings for decisions and approval each year 2.Drafting and publishing proposed and final rules implementing dates 3.Public comment periods 2) “Customized” Process/Mechanism

Selection of pre-determined closures dates for FMUs can be based on any number of considerations, for example: Choosing a start date that occurs at or near the beginning of the year Choosing a date or dates (end or start) that occurs at or near the middle of the year Choosing an end date that occurs near the end of the year, noting that a date at the end of the year is the “no action” alternative Avoid periods when economic, cultural, and biological considerations take precedence (e.g., Christmas, Lent, spawning season closures). Use components of the “Seasonal Choices Model” to explore potential dates based on economic, social, and cultural factors Use any other method pre-selected by the Council U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 20 3) “Upfront” Timing Approach (Pre-Determined AM-Based Closure Dates)

Advantages: Could select start or end dates that avoid having the season closed during important periods such as holidays and spawning season closures. The Council could also choose to exclude from the potential suite of closure dates, periods of time, such as Christmas, Lent, etc., that have been determined to be socio-economically advantageous for fishermen. Pre-selected dates could be revised as needed, but this would not be an annual process. Caveats: Closure dates would be set in advance, but the length of the required closure would not be known. Adequate time must be available to achieve the required closure length. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 21 3) “Upfront” Timing Approach (Pre-Determined Dates)