Public Hearing Draft Developing Consistent Regulations for Three Seasonally Closed Areas off Puerto Rico: Abrir La Sierra Bank, Bajo de Sico, and Tourmaline Bank Caribbean Fishery Management Council 149 th Meeting St. Croix USVI April

Purpose  The purpose of this amendment is to establish consistent regulations governing the three target areas as a means of ensuring protection of spawning aggregations of reef fish and the benthic habitat supporting those aggregations, which also serves as residential, recruitment, and foraging habitat for a variety of species.

And Need  There is a need to modify the seasonal closures to ensure continued and consistent provision of the important ecological services they provide, including recruitment, residential, foraging, and spawning aggregation habitats for commercially and recreationally important reef fish and shellfish, as well as sea turtles. There is also a need to establish consistency among the three closed areas to facilitate enforcement and avoid confusion among constituents.

Goal Now “The overarching goal of this proposed modification is to achieve regulatory consistency among the three areas, thereby facilitating enforcement of those regulations.” – Protect fish spawning aggregations Goal 1: Achieve consistency in the EEZ Goal 2: Request Puerto Rico implement compatible regulations Goal 3: HMS compatibility also requested

9 millas nauticas Tourmaline Abrir La Sierra FEDERAL WATERS: ALL FISHING and possession of all species is prohibited from 1 December to 28 February each year. Anchor removal system required if anchoring. Federal and State Waters: Prohibited use of traps, pots, nets and bottom longlines all year at Tourmaline and Abrir La Sierra Regulations date back to 1993/1996 in EEZ Red hind seasonal area closures

Bajo de Sico Federal and State Waters: Prohibited use of traps, pots, nets and bottom longlines all year at Bajo de Sico. FEDERAL WATERS: Fishing and possession of reef fish prohibited from 1 October to 31 March each year. No anchoring allowed at Bajo de Sico 9 nm Regulations date back to 1996/changed in 2010

Management Bajo de SicoTourmalineAbrir La Sierra Seasonal Area Closure EEZ1 Oct-30 March (6 months) 1 Dec – 28 Feb (3 months) 1 Dec – 28 Feb (3 months) PRNONE Gear Banned EEZTraps, pots, bottom longlines and nets are prohibited YEAR ROUND PR Species/gears managed during seasonal area closure EEZReef Fish ONLY Queen Conch prohibited in EEZ ALL Fishing Prohibited (including pelagics, lobster, reef fish, queen conch, HMS) PRNONE Anchoring EEZProhibitedAllowed (retrieval system) PRProhibited Prohibited (but all EEZ) Seasonal Closures EEZRed hind (Dec-Feb); SU1 (Oct-Dec); GU4 (Feb-April); Mutton (Apr-Jun); Lane (Apr-Jun); QC (Jan-Dec) PRRed hind (Dec-Feb); Silk/blackfin (Oct-Dec); yellowfin grouper (Feb-Apr); Mutton (Apr-May); QC (Aug-Oct)

Original Purpose 1996 “Because aggregating fish are highly susceptible to capture by a variety of gears, a total ban on all fishing is needed to protect the spawning aggregations and to facilitate effective enforcement of this measure.” –1997: Compatibility among 3 areas and between federal and state

MM Considered and Rejected: 1996 “REJECTED MEASURE: Close the area for red hinds but allow fishing for other species. –It is not possible for fishing to take place over a red hind spawning aggregation and selectively fish for other species. Fishing gear used in these areas does not discriminate by species. In addition, enforcement will be almost impossible if fishers are allowed in the closed areas.”

What is the intention of the Council? Goal 1: Achieve consistency in the EEZ among areas Goal 2: Request Puerto Rico implement compatible regulations Goal 3: HMS compatibility also requested

History March 2011 (137 th Meeting): Directed to evaluate needs and options regarding consistent regulations for the three areas, including the use of spear December 2011 (141 st Meeting): Motion to develop working group for Abrir/Bajo/Tourmaline consistency March 2013 (145 th Meeting): White Paper presented to Council August 2013 (147 th Meeting): prepare a simple and easy-to-follow summary of the available options and take those options to scoping hearings in fall 2013 November 25, 2013: Scoping Hearing held in Mayaguez, Puerto Rico December 2013 (148th Meeting): Council motion to develop a public hearing draft for consideration at the April 2014 Council meeting, and to schedule public hearings during summer 2014 U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 11

Council Presentations March 2011 (137 th Meeting): Richard Appeldoorn presentation on Abrir La Sierra Bank and Bajo de Sico August 2013 (147 th Meeting): Spawning aggregation overview by Appeldoorn and Scharer December 2013 (148 th Meeting): Fish Spawning Aggregations (Heyman and Scharer) and EFH of the Deep (Valdez-Pizzini et al.) U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 12

Action 1: Modify Length of Closed Season Alt 1: No Action Alt 2: Modify the Bajo de Sico closed season to be Dec 1-Feb 28. Alt 3: Modify the closed season to be Oct 1-March 31 Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Tourmaline Bank Alt 4: Modify the closed season to be Dec 1-May 31. Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Bajo de Sico Sub-Alt c: Tourmaline Bank Alt 5: Modify the closed season to be year-round. Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Bajo de Sico Sub-Alt c: Tourmaline Bank

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Abrir la Sierra Bajo de Sico Tourmaline Bank Red, Black, Tiger, Yellowfin, Yellowedge Grouper Mutton and Lane Snapper Black, Blackfin, Vermilion, Silk Snapper Red Hind Federal Closures – Western Puerto Rico

Action 1: Modify the Length of the Closed Fishing Season SELECT MONTHS OF CLOSURES: Dec-FebOct-MarchDec-MayAll Year Bajo de Sico Tourmaline Abrir La Sierra

Action 1: Modify Length of Closed Season Alt 1: No Action Alt 2: Modify the Bajo de Sico closed season to be Dec 1-Feb 28. Alt 3: Modify the closed season to be Oct 1-March 31 Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Tourmaline Bank Alt 4: Modify the closed season to be Dec 1-May 31. Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Bajo de Sico Sub-Alt c: Tourmaline Bank Alt 5: Modify the closed season to be year-round. Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Bajo de Sico Sub-Alt c: Tourmaline Bank

Alt 1: No Action: Alt 2: Prohibit fishing for Council-managed reef fish in Bajo de Sico during the seasonal closure established in Action 1 (removes prohibition on possession) Alt 3: Prohibit fishing for and possession of Council-managed reef fish during the seasonal closure established in Action 1 Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Tourmaline Bank Alt 4: Allow spearfishing for Council-managed reef fish during the seasonal closure established in Action 1 Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Bajo de Sico Sub-Alt c: Tourmaline Bank Action 2: Modify Reef Fish Fishing Activities

Action 3: Modify Reef FishFishing Activities Reef Fish: fishing and possession Prohibit fishing of council- managed reef fish Prohibit fishing and possession of council- managed reef fish Allow spearfishing of council- managed reef fish Bajo de Sico Tourmaline Abrir La Sierra

Alt 1: No Action: Alt 2: Prohibit fishing for Council-managed reef fish in Bajo de Sico during the seasonal closure established in Action 1 (removes prohibition on possession) Alt 3: Prohibit fishing for and possession of Council-managed reef fish during the seasonal closure established in Action 1 Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Tourmaline Bank Alt 4: Allow spearfishing for Council-managed reef fish during the seasonal closure established in Action 1 Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Bajo de Sico Sub-Alt c: Tourmaline Bank Action 2: Modify Reef Fish Fishing Activities

Alt 1: No Action Alt 2: Prohibit fishing for spiny lobster in Bajo de Sico during the seasonal closure established in Action 1 (removes prohibition on possession) Alt 3: Prohibit fishing for and possession of spiny lobster during the seasonal closure established in Action 1 Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Bajo de Sico Sub-Alt c: Tourmaline Bank Alt 4: Prohibit fishing for spiny lobster year-round Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Bajo de Sico Sub-Alt c: Tourmaline Bank Alt 5: Prohibit fishing for and possession of spiny lobster year-round Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Bajo de Sico Sub-Alt c: Tourmaline Bank Action 3: Modify Spiny Lobster Fishing Activities

Lobster: fishing and possession Allow fishingAllow possession Do not allow fishing Do not allow possession Bajo de Sico Tourmaline Abrir La Sierra

Alt 1: No Action Alt 2: Prohibit fishing for spiny lobster in Bajo de Sico during the seasonal closure established in Action 1 (removes prohibition on possession) Alt 3: Prohibit fishing for and possession of spiny lobster during the seasonal closure established in Action 1 Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Bajo de Sico Sub-Alt c: Tourmaline Bank Alt 4: Prohibit fishing for spiny lobster year-round Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Bajo de Sico Sub-Alt c: Tourmaline Bank Alt 5: Prohibit fishing for and possession of spiny lobster year-round Sub-Alt a: Abrir La Sierra Bank Sub-Alt b: Bajo de Sico Sub-Alt c: Tourmaline Bank Action 3: Modify Spiny Lobster Fishing Activities

Action 4: Prohibit Anchoring Alt 1: No Action Alt 2: Prohibit anchoring during the seasonal closure established in Action 1 Sub-Alternative a: Abrir La Sierra Bank Sub-Alternative b: Bajo de Sico Sub-Alternative c: Tourmaline Bank Alt 3: Prohibit anchoring year-round Sub-Alternative a: Abrir La Sierra Bank Sub-Alternative b: Tourmaline Bank

Action 4: Prohibit Anchoring Prohibit anchoring? No ActionProhibit in season anchoring Prohibit anchoring (all the time) Bajo de Sico Tourmaline Abrir La Sierra

Action 4: Prohibit Anchoring Alt 1: No Action Alt 2: Prohibit anchoring during the seasonal closure established in Action 1 Sub-Alternative a: Abrir La Sierra Bank Sub-Alternative b: Bajo de Sico Sub-Alternative c: Tourmaline Bank Alt 3: Prohibit anchoring year-round Sub-Alternative a: Abrir La Sierra Bank Sub-Alternative b: Tourmaline Bank

‘Action’ 5: Modify HMS Fishing Acti vities Alt 1: No Action Alt 2: Upon request of the Council, prohibit bottom longline fishing for HMS year- round in Bajo de Sico Alt 3: Upon request of the Council, prohibit fishing for HMS in some or all of the three areas during the time period established in Action 1 Sub-Alternative a: Abrir La Sierra Bank Sub-Alternative b: Bajo de Sico Sub-Alternative c: Tourmaline Bank Alt 4: Upon request of the Council, prohibit fishing for HMS in some or all of the three areas during the time period established in Action 1, with an exception that would allow only surface trolling, as defined at §635.21(a)(4)(iv), for all HMS; and speargun fishing gear for for bigeye, albacore, yellowfin, and skipjack tunas Sub-Alternative a: Abrir La Sierra Bank Sub-Alternative b: Bajo de Sico Sub-Alternative c: Tourmaline Bank

Action 5: Modify HMS Fishing Activities Request to HMS

Other Issues EEZ-State compatibility

Next Steps This Meeting Review Outcomes of Scoping Hearings √148th Define Purpose and Need √ Direct Staff to Develop Public Hearing Draft including Actions and Alternatives√ Before Next Meeting Develop Public Hearing Draft√ Next Meeting Approve for and Schedule Public Hearings

Next Steps This Meeting Review/Approve Public Hearing Draft Select Preferred Alternatives Schedule Public Hearings Before August Meeting Hold Public Hearings August Meeting Review outcomes of Public Hearings Approve for Secretarial Submission?