Allowable Catch Limits for Virgin Islands Fisheries Going Beyond Simple Landings Averages, Anecdotal Data On Species Groups and “One Size Fits All” Management Proposals To Stock Complex Management of Stable Virgin Islands Fisheries

The Goal of the MSRA is to Prevent Overfishing (34) The terms "overfishing" and “overfished" mean a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis.

While Achieving the Optimum Yield from the Resource (33) The term "optimum", with respect to the yield from a fishery, means the amount of fish which— (33) The term "optimum", with respect to the yield from a fishery, means the amount of fish which— –(A) will provide the greatest overall benefit to the Nation, particularly with respect to food production and recreational opportunities, and taking into account the protection of marine ecosystems; –(B) is prescribed as such on the basis of the maximum sustainable yield from the fishery, as reduced by any relevant economic, social, or ecological factor; and –(C) in the case of an overfished fishery, provides for rebuilding to a level consistent with producing the maximum sustainable yield in such fishery.

MSRA Management Reference Points OFL > ABC > ACL > ACT Account for scientific uncertainty in estimating the true OFL. Recommend: OFL > ABC Account for scientific uncertainty in estimating the true OFL. Recommend: OFL > ABC The ACL may not exceed the ABC. The ACL may not exceed the ABC. –ABC is one of the “fishing level recommendations” under MSA § 302(h)(6). Account for management uncertainty in controlling the actual catch to the target. Recommend: ACL > ACT Account for management uncertainty in controlling the actual catch to the target. Recommend: ACL > ACT Catch in Tons of a Stock Increasing Year 1 Annual Catch Limit Acceptable Biological Catch Overfishing Limit Annual Catch Target Corresponds with MSY Should achieve OY

Impacts on Virgin Islands* ACLG Overfishing Limits ACLG Overfishing Limits –St. Thomas/St. John- 711,016 lbs –St. Croix- 678,958 lbs 2006 Landings 2006 Landings –St. Thomas/St. John- 730,421 lbs –St. Croix- 1,075,561 lbs % Reduction % Reduction –St. Thomas/St. John- 2.6% –St. Croix- 36.8% * Proposed ACL values will be 25-35% lower

Timetables Leading to Rush “In practical terms, given the time it takes to prepare and implement an FMP amendment, if the status of one or more stocks in a fishery at the end of 2008 is ‘‘subject to overfishing,’’ Councils should submit ACL and AM mechanisms and actual ACLs for that fishery to be effective in fishing year If overfishing is determined to be occurring in a fishery in 2009, Councils should submit ACL and AM mechanisms and actual ACLs for that fishery to be effective in fishing year 2010, if possible, or in fishing year 2011, at the latest. All fisheries must have ACL and AM mechanisms and actual ACLs by the fishing year 2011, and beyond.” Source: ACL Guidelines

CFMC “Overfished” FMUs Undergoing Overfishing: Undergoing Overfishing: –GROUPER UNIT 1 (NASSAU GROUPER) –GROUPER UNIT 4 (TIGER GROUPER, YELLOWFIN GROUPER, MISTY GROUPER, RED GROUPER –GROUPER UNIT 4 (TIGER GROUPER, YELLOWFIN GROUPER, MISTY GROUPER, RED GROUPER) –PARROTFISHES –SNAPPER UNIT 1 (BLACK SNAPPER, BLACKFIN SNAPPER, SILK SNAPPER, VERMILION SNAPPER) –QUEEN CONCH Overfished: Grouper Unit 4 Overfished: Grouper Unit 4

“Overfishing” in the CFMC Area Needs Reexamination Overfishing determination based on data prior to VI CCR data availability. Overfishing determination based on data prior to VI CCR data availability. Council Decision to consider STT-STJ/STX/PR Separately. Council Decision to consider STT-STJ/STX/PR Separately. No consideration of actions taken in SFA. No consideration of actions taken in SFA. “Overfishing” in one area does not necessarily mean overfishing in all areas. “Overfishing” in one area does not necessarily mean overfishing in all areas. Data may indicate needs for priority management in one area but not in others. Data may indicate needs for priority management in one area but not in others.

St. Thomas and St. Croix have significant differences

ACLs Required for Fishery The MSA, as amended by MSRA, requires that a Council shall develop ACLs ‘‘for each of its managed fisheries ’’(see MSA section 302(h)(6)) and as noted earlier, that each FMP have a mechanism for specifying ACLs ‘‘at a level such that overfishing does not occur in the fishery ’’ (see MSA section303(a)(15)). Consistent with these sections of the MSA, the proposed NS1 guidelines provide that ACLs and AMs are needed for each ‘‘fishery’’ under federal FMP management,

Fishery Not = Stock , (13) The term "fishery" means— – –(A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and – –(B) any fishing for such stocks. Source: MSRA

ACLs Not Required For Each Stock MSRA clearly sets out options for management by: –Single Species Stocks –Stock Complexes –Indicator Species for Stock Complexes

NOAA Fisheries/ACL Group is Wedded to Single “Stock” ACLs VI CCR data on species groups is anecdotal and without firm quantitative basis. VI CCR data on species groups is anecdotal and without firm quantitative basis. TIP data is uneven and has sample size issues. TIP data is uneven and has sample size issues. Time period for ACLs ( ) is unnecessarily short as VI CCR data has been stable since 1978 for most fisheries. Time period for ACLs ( ) is unnecessarily short as VI CCR data has been stable since 1978 for most fisheries. Arbitrary determinations-Landing averages for most fish, arbitrary selection of 50,000 lbs for conch, parrot fish ignored. Arbitrary determinations-Landing averages for most fish, arbitrary selection of 50,000 lbs for conch, parrot fish ignored.

Single Stock ACLs Not Appropriate to CFMC Area Main fisheries are complex reef fisheries (over 75 species) whose individual stocks vary in abundance from year to year. Main fisheries are complex reef fisheries (over 75 species) whose individual stocks vary in abundance from year to year. Fails to distinguish between long term stable fisheries and those undergoing rapid expansion of effort. Fails to distinguish between long term stable fisheries and those undergoing rapid expansion of effort. Fails to incorporate resource detail which is available to indicate stock status. Fails to incorporate resource detail which is available to indicate stock status. Fails to build in partnerships with local governments. Fails to build in partnerships with local governments.

6 exceedences exceedences 11 exceedences Annual Patterns for “Stocks” Differ Exceedences Source: St. Thomas CCR Data, ACLG Values for OFL.

Expands Need for Accountability Measures All part of trap fishery. All part of trap fishery. All stable over long term. All stable over long term. Cannot manage one without affecting effort for others. Cannot manage one without affecting effort for others. Triggerfish would be affected by exceedences in parrotfish and grunts. Triggerfish would be affected by exceedences in parrotfish and grunts. Accountability measures required to account for 16 exceedences, possibility of non-overlap between years. Accountability measures required to account for 16 exceedences, possibility of non-overlap between years.

VI ACL Strategy Trap fisheries have been stable for nearly 30 years. Complex (more than 75 species). Should have single “Stock Complex” ACL that reflects stability of fishery. Trap fisheries have been stable for nearly 30 years. Complex (more than 75 species). Should have single “Stock Complex” ACL that reflects stability of fishery. Yellowtail, Jacks are mainly handline and seine net fisheries. Highly subject to weather. Single species ACL that reflects that landings not always determined by effort and includes S/F data. Yellowtail, Jacks are mainly handline and seine net fisheries. Highly subject to weather. Single species ACL that reflects that landings not always determined by effort and includes S/F data. Lobster. Single species ACL that reflects stability of S/F over 37 years and protection afforded by size limit. Lobster. Single species ACL that reflects stability of S/F over 37 years and protection afforded by size limit. Conch. ACL should reflect overfishing in St. Croix and absence of Conch fishery on St. Thomas. Conch. ACL should reflect overfishing in St. Croix and absence of Conch fishery on St. Thomas. Deep water snappers. ACL for St. Croix reflects existing current fishery but does not reflect minimal St. Thomas fishery. Deep water snappers. ACL for St. Croix reflects existing current fishery but does not reflect minimal St. Thomas fishery. ACLs should reflect that landings are driven by market forces as much as resource considerations. ACLs should reflect that landings are driven by market forces as much as resource considerations. ACLs should not preclude development of underutilized resources. ACLs should not preclude development of underutilized resources.

Performance Standard for ACLs NMFS Guidelines NMFS proposes a performance standard such that if catch of a stock exceeds its ACL more often than once in the last four years (i.e., more often than 25 percent of the time), then the system of ACLs, ACTs and AMs should be re-evaluated to improve its performance and effectiveness (see § (g)(3) in this proposed action).

Performance Standard for ACLs CFMC The CFMC voted that the ACLs should set at a level that will prevent landings from exceeding the Overfishing Limit more than once every four years. VI supports that overfishing = exceeding OFL.

The Lower an ACL is Set, The More Frequently it will be exceeded (Self-Fulfilling Prophesy) Currently, NMFS is simply trying to calculate buffers to insure that OFL will not be exceeded without considering impacts on stakeholders. Currently, NMFS is simply trying to calculate buffers to insure that OFL will not be exceeded without considering impacts on stakeholders. Since overfishing is defined as exceeding the OFL, ACLs should be set at a level close to OFL but low enough that 75% of the time landings will be lower than the OFL. Since overfishing is defined as exceeding the OFL, ACLs should be set at a level close to OFL but low enough that 75% of the time landings will be lower than the OFL. This will allow for Opimum Yield and protect resource. This will allow for Opimum Yield and protect resource.

ACL Proposal Revisit OFL values for each island using longest possible time series. Revisit OFL values for each island using longest possible time series. Calculate exceedences over whole period Calculate exceedences over whole period Calculate average for exceeded years only (remainder =0) Calculate average for exceeded years only (remainder =0) ACL=(Mean Landings – Average (of Exceedences) ACL=(Mean Landings – Average (of Exceedences) Check for 25% Criteria Check for 25% Criteria Adjust if necessary Adjust if necessary

ACL for St. Thomas/St. John Trap Fishery St. Thomas/St. John OFL from ACLG (sum of reef fish landings plus trap yellowtail and trap bycatch of jacks). –OFL =418,686 lbs. –Trap Yellowtail = 5,174 lbs –Trap bycatch of Jacks = 3,696 lbs –Total Trap OFL =427,556 lbs. –STFA Estimate = 424, ,849

Overfishing (Average Exceedence =3,894 lbs) Below OFL (Average=-45,857 lbs)

Overfishing (Average Exceedence =24,207 lbs) Below OFL (Average=-19,149 lbs) OFL = 160,613 lbs

ST/StJ OFL= 122,927 lbs. St.X OFL =75,982 lbs. YEAR

OFL = 60,890 lbs OFL = 15,063 lbs

OFL = 97,526 lbs OFL = 75,982 lbs

In St. Croix Successful Management Will Require Management of Effort, Not Setting of Quotas. This Will Require Partnership with Territorial Government.

St. Thomas/ St. John Management Should Reflect Stability of Fisheries Over Time

Resolution of Impasse NMFS needs to recognize need for different strategies between each of the islands. NMFS needs to recognize need for different strategies between each of the islands. NMFS needs to be open to suggestions from affected parties. NMFS needs to be open to suggestions from affected parties. ACLG is too large and has non-essential participants. ACLG is too large and has non-essential participants. Overfished stocks determination needs to be reexamined in light of: Overfished stocks determination needs to be reexamined in light of: –Island separation decision by Council. –SFA actions. –VI data availability. –Historic and recent data from studies. NMFS needs to recognize impacts on stakeholders and include effort to minimize such impacts. NMFS needs to recognize impacts on stakeholders and include effort to minimize such impacts.

VI Actions Improve data entry so that “real time” estimates of landings are possible. Improve data entry so that “real time” estimates of landings are possible. Project Annual Landings and adjust fishing effort in season. Project Annual Landings and adjust fishing effort in season. Close fisheries to avoid exceeding OFL. Close fisheries to avoid exceeding OFL. Continue co-management. Continue co-management. Compatibility of Territorial and Federal licensing and enforcement. Compatibility of Territorial and Federal licensing and enforcement.

CFMC Actions Direct ACLG to present ACLs for Stock Complexes and (possibly) indicator species for each island’s fisheries. Direct ACLG to present ACLs for Stock Complexes and (possibly) indicator species for each island’s fisheries. Direct NOAA Fisheries to examine all available data sources, not just CCR and TIP. Direct NOAA Fisheries to examine all available data sources, not just CCR and TIP. Consider Ault et. al examination for Virgin Islands and expand for other PR species. Consider Ault et. al examination for Virgin Islands and expand for other PR species. Remember obligations to constituencies as well as to resources. Remember obligations to constituencies as well as to resources. Keep an open mind and not get steamrollered by NMFS. Keep an open mind and not get steamrollered by NMFS.