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Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan

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Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan AMENDMENT 10 TO THE ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FISHERY MANAGEMENT PLAN Includes Final Supplemental Environmental Impact Statement (FSEIS) ----------------------June 2009 -------------------- Mid Atlantic Fishery Management Council (MAFMC) in cooperation with the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NOAA Fisheries) Draft adopted by MAFMC: 10/18/2007 Final adopted by MAFMC: 10/16/2008 Final approved by NOAA: A Publication of the Mid-Atlantic Fishery Management Council pursuant to National Oceanic and Atmospheric Administration Award No. NA57FC0002 1.0 EXECUTIVE SUMMARY 1.1 INTRODUCTION Amendment Purposes: The two purposes of Amendment 10 to the Atlantic Mackerel, Squid, and Atlantic Butterfish Fishery Management Plan (MSB FMP) are, per the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), to: 1) develop a rebuilding program that allows the butterfish stock to rebuild in the shortest amount of time possible (but not to exceed ten years) and permanently protects the long-term health and stability of the rebuilt stock; and 2) generally minimize bycatch and the fishing mortality of unavoidable bycatch, to the extent practicable, in the squid, Atlantic mackerel, and butterfish (SMB) fisheries; Potential Management Actions: Four proposed management measures (each of which is a set of alternatives) address the purposes of Amendment 10. Because the Loligo fishery accounts for the majority of butterfish mortality (mainly from discards), and because within the SMB fisheries Loligo has the most discards in general, most of the proposed management actions are focused on reducing discards in the Loligo fishery. Since discarding is the primary source of butterfish fishing mortality, the two Amendment 10 purposes, rebuilding butterfish and general discard reduction, are closely linked. The proposed management actions, all of which could affect both purposes, are: • Measure 1: develop a butterfish mortality cap program for the Loligo fishery or institute a 3 inch minimum codend mesh requirement to allow the butterfish stock to rebuild to BMSY and protect the long-term health and stability of the rebuilt stock. In this document, anytime the language "mortality cap" is used, it refers to a butterfish mortality cap program for the Loligo fishery. • Measure 2: increase Loligo minimum codend mesh size to reduce discards of butterfish and other non-target fish; • Measure 3: eliminate some exemptions for Illex vessels from Loligo minimum codend mesh requirements to reduce discards of butterfish and other fish; • Measure 4: establish seasonal gear restricted areas (GRAs) to reduce the discarding of butterfish and other non-target fish. The Executive Summary next addresses: the two purposes of Amendment 10 (butterfish rebuilding- 1.2, and bycatch/bycatch mortality minimization- 1.3); the general approach of Amendment 10 (1.4); the management measures and related alternatives, and their impacts (1.5); concise summaries of the effects of the alternatives (alone and in combination) as related to the two purposes of Amendment 10 (1.6); initial areas of controversy (1.7); a list of actions considered but rejected (1.8); and a discussion of the regulatory basis for this Amendment (1.9). i 1.2 PURPOSE 1: BUTTERFISH REBUILDING Purpose The first purpose of Amendment 10 is to develop a rebuilding program that allows the butterfish stock to rebuild in the shortest amount of time possible (but not to exceed ten years) and permanently protects the long-term health and stability of the rebuilt stock per the MSA. The Mid-Atlantic Fishery Management Council (Council) was notified by the National Oceanic and Atmospheric Administration's (NOAA) National Marine Fisheries Service (NMFS) on February 11, 2005 that the butterfish stock was designated as overfished. Hence, the primary reason for the development of Amendment 10 is to establish a rebuilding program per the MSA rebuilding provisions, which will allow the butterfish stock to rebuild to BMSY (currently estimated to be 22,798 mt, i.e. the rebuilding target) in as short a time period as possible (taking into account the status and biology of any overfished stocks, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the overfished stock of fish within the marine ecosystem), but not to exceed ten years. Status of Butterfish In 2004 the 38th Northeast Regional Stock Assessment Workshop (38th SAW) Stock Assessment Review Committee (SARC) (available at: http://www.nefsc.noaa.gov/nefsc/publications/crd/crd0403/) provided estimates of butterfish fishing mortality and stock biomass estimates through 2002, and determined that butterfish was overfished in 2002 (NEFSC 2004; see Appendix i). Although assessment stock size estimates are highly imprecise (80% confidence interval ranged from 2,600 mt to 10,900 mt), the overfished determination was based on the fact that the 2002 biomass estimate for butterfish (7,800 mt) fell below the threshold level defining the stock as overfished (1/2 Bmsy=11,400 mt). Butterfish discards are estimated to equal twice the annual landings (NEFSC 2004). Analyses have shown that the primary source of butterfish discards is the Loligo fishery because it uses small-mesh, diamond-mesh codends (as small as 1 7/8 inches minimum mesh size) and because butterfish and Loligo co-occur year round. The truncated age distribution of the butterfish stock is also problematic. Historically, the stock was characterized by a broader age distribution and the maximum age was six years. The average observed lifespan is now three years (NEFSC 2004). The truncated age structure results in reduced egg production and the reduced lifespan artificially reduces the mean generation time required to rebuild the stock. Because of the overfished determination, the MSA obligates the Council to develop and implement a stock rebuilding plan. There is no peer reviewed information available on butterfish abundance in 2008. The NEFSC 2007 spring survey indices for butterfish were the second highest by number and the third highest by weight in the 40 year history of the survey time series (but should be interpreted with caution due to the influence of a single very large tow). However the fall 2007 survey indices were the lowest on record. Spring 2008 indices were down from spring 2007 but still historically high. It should be noted that while abundance indices ii are certainly one component of assessments, such indices alone do not provide a point estimate of stock size or status determination. It should also be noted that, historically, the spring and fall survey indices have not tracked each other. Regardless, the 2004 SAW/SARC report is the authoritative reference for stock status and current federal law obligates the Council to develop and implement a stock rebuilding plan until a peer reviewed butterfish stock assessment determines the stock is rebuilt to the Bmsy level (the next butterfish assessment is scheduled for 2010). Also, even if butterfish abundance levels increased after higher recruitment events, the expected level of discard mortality would also increase under the no action alternative. Therefore, while temporary stock recovery could theoretically occur, the stock could quickly return to an overfished status in the absence of measures to control fishing mortality, especially mortality due to discarding. 1.3 Purpose 2: General Bycatch/Bycatch Mortality Minimization Purpose The second purpose of Amendment 10 is to minimize bycatch and the fishing mortality of unavoidable bycatch, to the extent practicable, in Squid, Mackerel, and Butterfish (SMB) fisheries per the MSA. Amendment 8 to the Atlantic Mackerel, Squid and Butterfish Fishery Management Plan was found to be deficient relative to National Standard 9 and, a result, Amendment 9 to the FMP was developed (in part) to address these deficiencies. Amendment 10 had three measures that were transferred from Amendment 9 (i.e., Loligo minimum codend mesh size, eliminating exemptions from Loligo minimum mesh requirements for Illex vessels, seasonal gear restricted areas to reduce butterfish discards) which were intended to reduce bycatch and discarding of target and non-target species in the SMB fisheries and bring the FMP into compliance with MSA bycatch requirements. At its June 2007 meeting, the Council chose to remove these three measures from Amendment 9 and incorporate them into Amendment 10. Therefore, each of these measures is given full consideration in this action. National Standard 9 of the MSA requires that conservation and management measures, to the extent practicable, minimize bycatch, and to the extent that bycatch cannot be avoided, minimize the mortality of such bycatch. Both NMFS online guide to the 1996 Amendments to the MSA (available at: http://www.nmfs.noaa.gov/sfa/sfaguide/) and responses to comments in the National Standard Guidelines Final Rule published in the Federal Register in 1998 (available at: http://www.epa.gov/fedrgstr/EPA- GENERAL/1998/May/Day-01/g11471.htm) note that there is legislative history suggesting that for the sole purpose of bycatch/bycatch mortality minimization, this provision was intended so that Councils make reasonable efforts to reduce discards, but was neither intended to ban a type of fishing gear nor to ban a type of fishing or impose costs on fishermen and processors that cannot be reasonably met. Note this "reasonable efforts"
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