ACTION PLAN TEAM WORKING DRAFT Amendment X to the Fishery Ecosystem Plan for Pelagics US Catch Limits for Striped Marlin within the Western and Central Pacific Fisheries Commission Convention Area North of the Equator Regulatory Identification Number (RIN) 0648-XXXX February 26, 2021 Prepared by: Western Pacific Fishery Management Council 1164 Bishop St., Suite 1400 Honolulu, HI 96813 and National Oceanic & Atmospheric Administration National Marine Fisheries Service Pacific Islands Regional Office 1845 Wasp Blvd., Bldg. 176 Honolulu, HI 96818 [Note to Authors: Do not include PIRO address or NOAA logo on the title page until NOAA General Counsel has cleared the document for public review] Cover Page 1 Amendment X to the Fishery Ecosystem Plan for Pelagic Including a Draft Environmental Assessment If needed, include Initial Regulatory Flexibility Analysis and Regulatory Impact Review US Catch Limits for Striped Marlin within the Western and Central Pacific Fisheries Commission Convention Area North of the Equator Regulatory Identification Number (RIN) 0648-XXXX Responsible Federal Agency and Lead Regional Contact Information Fishery Management Council Responsible Agency Responsible Official National Oceanic & Atmospheric Administration Michael D. Tosatto National Marine Fisheries Service Regional Administrator Pacific Islands Regional Office Tel. (808)725-5000 1845 Wasp Blvd., Bldg. 176 Fax: (808)725-5215 Honolulu, HI 96818 Regional Fishery Management Council Council Executive Director Western Pacific Fishery Management Council Kitty M. Simonds 1164 Bishop Street, Suite 1400 Tel: (808)522-8220 Honolulu, HI 96813 Fax: (808)522-8226 Abstract United States is a member of both the Western and Central Pacific Fisheries Commission (WCPFC) and Inter-American Tropical Tuna Commission (IATTC), two international regional fisheries management organizations (RFMOs) that manage fisheries for highly migratory species (HMS) (e.g., striped marlin) in the Pacific Ocean. These RFMOs develop and agree on management measures for HMS caught by WCPFC and IATTC members and participating territories in the Pacific Ocean. The RFMOs may agree on conservation and management measures (CMMs), such as catch and effort limits, which are applicable to U.S. pelagic fisheries managed in the Fishery Ecosystem Plan for Pacific Pelagic Fisheries of the Western Pacific Region (Pelagics FEP). Western and Central North Pacific (WCNPO) striped marlin, caught within the WCPFC Convention Area and north of the Equator (“North Pacific”striped marlin stock) is deemed overfished and experiencing overfishing per the WCPFC 15th Science Committee based on a stock assessment by the International Science Committee for Tuna and Tuna-Like Species in the North Pacific Ocean (ISC) in 2019. The condition was also corroborated per status determination in the Council’s Pelagic Fisheries Ecosystem Plan (Pelagic FEP) and in a letter to the Council from the Regional Administrator on June 4, 2020. The Council was notified of its obligation to act within one year of notification pursuant to Magnuson Stevens Act (MSA) Section 304(i) to: 1) Develop and submit recommendations to the Secretary of Commerce for domestic regulations to address the relative impact of fishing vessels of the United States on the WCNPO striped 2 marlin stock; and 2) Develop and submit recommendations to the Secretary of State and to Congress for international actions that will end overfishing and rebuild the WCNPO striped marlin stock, taking into account the relative impact of vessels of other nations and vessels of the United States on the stock. Striped marlin stocks are managed through the IATTC and WCPFC and are exempt for requirements of annual catch limits or rebuilding timelines. The Western Pacific Fishery Management Council (Council) is considering final action at the 185th Meeting to amend the Pelagic FEP to set catch limits to ameliorate the overfished condition of the WCNPO striped marlin stock, moving the stock towards ending overfishing, while accounting for the relative impact of US vessels on the stock How to Comment Instructions on how to comment on this document and the associated proposed rule can be found by searching on RIN 0648-XXXX at www.regulations.gov or by contacting the responsible official or Council at the above address. Comments are due on the date specified in the instructions. 3 ACRONYMS AND ABBREVIATIONS ANE ADULT NESTING EQUIVALENCY APA ADMINISTRATIVE PROCEDURE ACT B BIOMASS BE BIOLOGICAL EVALUATION BET BIGEYE TUNA BIOP BIOLOGICAL OPINION CMM CONSERVATION AND MANAGEMENT MEASURE CNMI COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS CNP CENTRAL NORTH PACIFIC CPUE CATCH PER UNIT OF EFFORT CONVENTION CONVENTION FOR THE CONSERVATION AND MANAGEMENT OF HIGHLY MIGRATORY FISH STOCKS IN THE WESTERN AND CENTRAL PACIFIC OCEAN COUNCIL WESTERN PACIFIC FISHERY MANAGEMENT COUNCIL DSLL DEEP-SET LONGLINE DPS DISTINCT POPULATION SEGMENT EA ENVIRONMENTAL ASSESSMENT EEZ EXCLUSIVE ECONOMIC ZONE EFH ESSENTIAL FISH HABITAT EPO EASTERN PACIFIC OCEAN ESA ENDANGERED SPECIES ACT F FISHING MORTALITY FAD FISH AGGREGATION DEVICE FEP FISHERY ECOSYSTEM PLAN FMP FISHERY MANAGEMENT PLAN FR FEDERAL REGISTER HAPC HABITAT AREAS OF PARTICULAR CONCERN HI HAWAII HMS HIGHLY MIGRATORY SPECIES IATTC INTER-AMERICAN TROPICAL TUNA COMMISSION IFKW INSULAR FALSE KILLER WHALE ISC INTERNATIONAL SCIENTIFIC COMMITTEE FOR TUNA AND TUNA-LIKE SPECIES IN THE NORTH PACIFIC OCEAN ITS INCIDENTAL TAKE STATEMENT LB POUND(S) LRP LIMIT REFERENCE POINT LVPA LARGE VESSEL PROHIBITED AREA M NATURAL MORTALITY RATE MSA MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT MCP MARINE CONSERVATION PLAN MHI MAIN HAWAIIAN ISLANDS MFMT MAXIMUM FISHING MORTALITY THRESHOLD MMPA MARINE MAMMAL PROTECTION ACT MPA MARINE PROTECTED AREA MSST MINIMUM STOCK SIZE THRESHOLD MSY MAXIMUM SUSTAINABLE YIELD 4 MUS MANAGEMENT UNIT SPECIES M&SI MORTALITIES OR SERIOUS INJURIES NAO NOAA ADMINISTRATIVE ORDER NEPA NATIONAL ENVIRONMENTAL POLICY ACT NEPO NORTHEAST PACIFIC OCEAN NM NAUTICAL MILE(S) NMFS NATIONAL MARINE FISHERIES SERVICE NOAA NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION NPO NORTH PACIFIC OCEAN NS NATIONAL STANDARD NWHI NORTHWESTERN HAWAIIAN ISLANDS OLE OFFICE OF LAW ENFORCEMENT PELAGICS FEP FISHERY ECOSYSTEM PLAN FOR PELAGIC FISHERIES OF THE WESTERN PACIFIC REGION PBR POTENTIAL BIOLOGICAL REMOVAL PIFSC PACIFIC ISLANDS FISHERIES SCIENCE CENTER PIRO PACIFIC ISLANDS REGIONAL OFFICE PRIA PACIFIC REMOTE ISLAND AREAS PT PARTICIPATING TERRITORY RA REGIONAL ADMINISTRATOR SAR STOCK ASSESSMENT REPORT SB SPAWNING BIOMASS SC SCIENTIFIC COMMITTEE OF THE WCPFC SDC STATUS DETERMINATION CRITERIA SEZ SOUTHERN EXCLUSION ZONE SIDS SMALL ISLAND DEVELOPING STATES SPC SECRETARIAT OF THE PACIFIC COMMUNITY SPO SOUTH PACIFIC OCEAN SPTT SOUTH PACIFIC TUNA TREATY T METRIC TON(S) USCG U.S. COAST GUARD U.S. FWS U.S. FISH AND WILDLIFE SERVICE WCNPO WESTERN AND CENTRAL NORTH PACIFIC OCEAN WCPFC WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION WCPO WESTERN AND CENTRAL PACIFIC OCEAN WP SFF WESTERN PACIFIC SUSTAINABLE FISHERIES FUND WPFMC WESTERN PACIFIC FISHERY MANAGEMENT COUNCIL 5 TABLE OF CONTENT 1 INTRODUCTION 8 1.1 Background Information 8 1.2 Proposed Action 11 1.3 Purpose and Need for Action 13 1.4 Action Area 13 1.5 Decision(s) to be Made 13 1.6 List of Preparers 14 1.7 Public Involvement 14 1.7.1 Council and SSC Meetings 14 2 DESCRIPTION OF THE ALTERNATIVES CONSIDERED 16 2.1 Development of the Alternatives 16 2.2 Alternatives Considered in Detail 23 2.2.1 Alternative 1: No Action (Status Quo/Current Management) 24 2.2.2 Alternative 2: Catch limit of 313 mt, 13.4% reduction from 2013-2017 landings 25 2.2.3 Alternative 3: Catch limit of 237 t, 34.4% reduction from 2013-2017 landings 26 2.2.4 Alternative 4: Catch Limit of 457 t, consistent with CMM 2010-01 and Previous Council Action 28 2.3 Alternatives Considered, but Rejected from Further Analysis 30 3 DESCRIPTION OF THE AFFECTED ENVIRONMENT 31 3.2 Affected Physical Resources 32 3.3 Affected Biological Resources 32 3.2.1 Target and Non-Target Species 40 3.2.1.1 Striped Marlin 40 3.2.1.2 WCPO Bigeye Tuna 41 3.2.1.3 WCPO Yellowfin Tuna 41 3.2.1.4 WCPO Skipjack Tuna 42 3.2.1.5 North Pacific Albacore 42 3.2.1.6 North Pacific Bluefin Tuna 42 3.2.1.7 North Pacific Swordfish 43 3.2.1.8 Pacific Blue Marlin 43 3.2.1.9 North Pacific Blue Shark 44 3.2.1.10 North Pacific Shortfin Mako Shark 44 3.2.1.11 Silky shark 44 3.2.2.1 SPECIES UNDER ENDANGERED SPECIES ACT (ESA) 45 3.2.2.2 MARINE MAMMAL PROTECTION ACT 48 3.2.2.3 MIGRATORY BIRD TREATY ACT 49 3.2.2.4 ANALYSIS AND MONITORING APPROACH 49 3.2.2.5 Sea Turtles 58 6 HAWAII DEEP-SET LONGLINE FISHERY 58 HAWAII SHALLOW-SET LONGLINE FISHERY 64 3.3 Fishery and Socio-economic Setting 65 3.4 Management Setting 72 3.4.1 Marine Habitats, Critical Habitat, and Essential Fish Habitat 74 3.4.1.1 Leatherback Sea Turtle Critical Habitat 74 3.4.1.2 Monk Seal Critical Habitat 74 3.4.1.3 Main Hawaiian Islands Insular False Killer Whale Critical Habitat 75 3.4.1.4 Essential Fish Habitat 77 3.5 Resources Eliminated from Detailed Study 79 4 ENVIRONMENTAL EFFECTS OF THE ALTERNATIVES 81 4.1 Potential Effects of Alternative 1: No Action (Status Quo) 81 4.1.5 Effects on Physical Resources 81 4.1.6 Effects on Biological Resources 81 4.1.7 Effects on Socio-economic Setting 82 4.1.8 Effects on Management Setting 82 4.1.9 Other Effects 82 4.2 Potential Effects of Alternative 2 83 4.2.5 Effects on Physical Resources 83 4.2.6 Effects on Biological Resources 83 4.2.7 Effects on Socio-economic Setting 84 4.2.8 Effects on Management