Atlantic Highly Migratory Species

ATLANTIC HMS EXEMPTED FISHING PERMIT (EFP) APPLICATION

Applicant Name:

Institution Affiliation (if applicable):

Address: Phone Number:

Fax Number:

City: State: Zip: Email:

Exempted Fishing Program

Please plan ahead. NMFS requires 60 days from the date the application is deemed complete to make a determination on issuing the EFP. NMFS may take additional time to analyze the environmental, economic, and social impacts of proposed research if the activity has not been previously analyzed.

1) Please list the main purpose and goals of the exempted fishing activity, primarily describing research or project as well as justification for issuance of such a permit.

For example: We are assessing age classes of lemon shark mating aggregations along the coast of Miami Beach, . Capture methods will be a combination of gill net and bottom long lines. We are expecting to routinely encounter large quantities of sub-adult and mature lemon sharks, as well as other elasmobranchs not targeted for research. Lemon sharks will be sexed, measured, tagged with either M-tag or nylon spaghetti tag and released after DNA sample has been taken via fin clip. Upon capture, tail rope and cradle system will be used. Elasmobranchs are not expected to leave the water at any time during work up. None of these encounters listed above will intentionally result in elasmobranch or teleost mortality.

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2) Have you received an EFP/SRP/LOA/Display Permit for similar activity/research in previous years?

- Yes - No

If yes, when?

3) Is this permit request the same as in previous years?

- Yes - No

4) Over how many years will the research take place?

-1 year - 2 years - 3 years - 4 or more years

5) When will these activities occur?

Dates:

6) Where will these activities occur (please select all regions that apply)?

- Gulf of Mexico - South Atlantic - State Waters*

- North Atlantic - Caribbean Sea - Closed Area/Gear Restricted Zone

If applicable, the specific location within previously marked zone:

*The issuance of an EFP in no way confers any right to collect/harvest species in waters under state jurisdiction. The appropriate state agency must be contacted regarding any collection in state waters, as separate state permits may be required for collection/harvest in state waters.

7) If your research will be in a closed area/gear restricted zone, please describe which areas:

8) Type, size, and amount of collection gear (please select all that apply): Page 2 of 10

Atlantic Highly Migratory Species

- Pelagic Long Line (PLL) - Buoy Gear - Rod & Reel/Handline

- Bottom Long Line (BLL) - Gill Net - Trawl

- Other/ No gear (please specify):

9) Please provide more information on gear selection and how you will be using gear:

Please note: Weak hooks MUST be used in Gulf of Mexico waters when deploying pelagic long lines.

Type/ Style of hooks used: -N/A

Number of hooks used per set: -N/A

Length of net/mainline: -N/A

10) Please provide more information on individual research trips:

Number of research trips: -N/A

Expected duration of each trip: -N/A

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11) Please list the shark, tuna, swordfish, or billfish species you expect to interact with: * Note: NMFS will evaluate authorizations allowing the commercial sale of HMS on a case by case basis.

Do you expect to keep parts of the Do you wish to sell all or Individual Number of Species animal (I.e. fin clips)? part of the animal?* Species If so, please indicate which parts

below

Kept Released Released Tagged Dead Alive

Non Target Species (list below)

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Atlantic Highly Migratory Species

i) In general, what are your handling techniques for sampling HMS (i.e. tail rope, sling, etc.)?

ii) If subsequent unintentional mortality of a species occurs, do you expect to discard the dead animal, or retain the species for analysis?

iii) If you plan to retain certain species/animals, what becomes of them?

12) If sampling with longline or gillnet gear, have you completed a safe handling and release workshop for protected resources?

- Yes - No

Please Note: Exemptions for completing a safe handling and release workshop will not be authorized.

13) Are protected species (i.e., smalltooth sawfish, sea turtles) and/ or marine mammal encounters likely? Please list which species are to be encountered.

14) If you plan to keep species for public display, please provide a brief description of the holding facility

15) Are activities federally funded?

- Yes - No

If yes, please describe type, amount, and source:

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16) Which individuals should be listed as authorized samplers on your permit?*

*Please Note: There are certain circumstances which prevent the owner/operator of a vessel to be an authorized sampler (i.e. commercial fishing vessels).

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Atlantic Highly Migratory Species

Vessel Information

Applications will be deemed incomplete if signature, HMS Permits, and vessel documentation (i.e. U.S. Coast Guard/state registration) are not included. We cannot begin processing your application until it has been deemed complete. If the applicant’s name is different from the vessel owner’s name, please fill in the appropriate information.

Participating Vessel(s)1: 1. Vessel Name Owner’s Name:

Phone Number: Owner’s Address:

Operator’s Name:

Vessel Documentation Included? Yes No Vessel ID #:

HMS Fishing Permit Included? Yes No

2. Vessel Name Owner’s Name:

Phone Number: Owner’s Address:

Operator’s Name:

Vessel Documentation Included? Yes No Vessel ID#:

HMS Fishing Permit Included? Yes No

3. Vessel Name Owner’s Name:

Phone Number: Owner’s Address:

Operator’s Name:

Vessel Documentation Included? Yes No Vessel ID#:

HMS Fishing Permit Included? Yes No

Applicants Signature: Date: Exempted Fishing Program

1 Include additional sheets if more than three vessels are needed for the exempted fishing activity Page 7 of 10

Atlantic Highly Migratory Species

Regulations governing the issuance of Federal Exempted Fishing Permits (EFPs) for highly migratory species (HMS) are contained in 50 CFR Part 635.32 and 50 CFR Part 600.745. In general, HMS EFPs are issued by the National Marine Fisheries Service (NMFS) to authorize activities otherwise prohibited by the Atlantic HMS regulations; to facilitate the conduct of scientific research; for the purpose of limited testing of fishing gear and methods; for the acquisition of data for species the harvest of which would otherwise be prohibited; for the enhancement of safety at sea; for the purpose of collecting animals for public education or display; or for investigating means of reducing bycatch, economic discards, or regulatory discards. The HMS Management Division has the authority to issue four different types of EFPs; these are described below:

Exempted Fishing Permits (EFPs): Under both the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention Act (ATCA), non-scientific activities may be authorized under EFPs. EFPs are necessary to allow research conducted from a commercial or recreational fishing vessel that would otherwise be prohibited by existing regulations.

Display Permit: Display permits are issued for the collection of HMS for the purpose of public display. Generally, display permits are issued to commercial or recreational fishing vessels, capable of keeping fish alive from the time of capture to the point of transfer to an approved aquarium or other facility.

Letter of Acknowledgements (LOAs): Technically, scientific research is exempted from regulation under the Magnuson-Stevens Act, so NMFS does not issue EFPs for bona fide research activities (i.e., research conducted from a research vessel as opposed to from a commercial or recreational fishing vessel) involving species regulated or prohibited under Magnuson-Stevens Act Fishery Management Plans (FMPs). In such cases, NMFS issues a LOA to researchers to indicate concurrence by NMFS that the proposed activity meets the definition of scientific research and is therefore exempt from regulation.

Scientific Research Permits (SRPs): ATCA confers regulatory authority over scientific research so that all sources of mortality of species regulated by the International Commission for the Conservation of Atlantic Tunas (ICCAT) can be reported by the Secretary. In cases where tunas, swordfish, and billfishes are being collected, NMFS will issue an EFP if the research/collection occurs in conjunction with regulated commercial or recreational fishing activity, or an SRP if the collection of regulated species occurs as part of a research cruise (e.g., NMFS or university research vessel).

Chartering Permit: A 2002 ICCAT recommendation (02-21) states that at the time of a chartering arrangement, the chartering and flag Contracting Parties shall provide specific information concerning the charter to the ICCAT Executive Secretary, including vessel details, target species, duration, and consent of the flag Contracting Party or Cooperating non-Contracting Party, Entity or Fishing Entity. In order to comply with this recommendation, NMFS requires that vessel owners apply for and obtain a NMFS chartering permit before fishing under a chartering arrangement with a foreign entity. A chartering permit would exempt the vessel from domestic regulations as needed. U.S. vessels fishing under a chartering permit cannot concurrently land fish counted against U.S. quotas, however, prohibited species takes are counted against the Incidental Take Statement from the relevant Biological Opinion. The separate application for a chartering permit is covered under OMB 0678-0495. Please contact the HMS Management Division to request a chartering permit application.

Requirements Per the HMS regulations, a valid shark research fishery permit, EFP, SRP, Display Permit, or LOA must be on board the harvesting vessel, must be available when animals are landed, and, in the case of capturing animals for display, must be available when the animal is transported from the vessel to the display facility, and must be presented for inspection upon request of an authorized officer. Page 8 of 10

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An application will not be deemed complete until all of the information on the application is submitted to the HMS Management Division in writing. NMFS often takes at least 60 days from the date the application is deemed complete to make a determination on issuing the EFP; although the agency may take additional time to analyze the environmental, economic, and social impacts of proposed research if the activity has not been previously analyzed. An incomplete application will not be considered until corrected in writing.

A shark research fishery permit, EFP, SRP, Display Permit, or LOA is valid only for the specific authorized vessel(s), samplers, time, area, gear, and species indicated on the permit. Except for the regulatory exemptions specifically referenced on the permit, all HMS regulations at 50 CFR Part 635 shall apply during the conduct of the fishing activity. All private vessels listed on a shark research fishery permit, EFP, SRP, Display Permit, or LOA should have a valid HMS recreational or commercial HMS permit.

Once the public display and scientific quota has been reached based on reported landings from interim reports, no additional EFPs, SRPs, or Display Permits will be issued. Once 80 percent of the commercial sandbar shark quota has been reached based on scientific observer reports, the shark research fishery will be closed.

The issuance of a shark research fishery permit, EFP, SRP, Display Permit, or LOA in no way confers any right to collect/harvest species in waters under state jurisdiction. The appropriate state fish and wildlife agency must be contacted regarding any collection in state waters, as separate state permits may be required for collection/harvest in state waters.

Within 5 days of the collection of any HMS under an EFP, SRP, LOA, or Display Permit, an interim report, supplied by NMFS, must be submitted to the address below. These forms include authorized sampler, date of collection, species, fork length, total length, weight, sex, disposition, tag number, gear used, area caught, depth, water temperature, vessel name, name of vessel master, signature, and date of signature. An annual report of all fishing activities and disposition of all fish collected under the permit must also be submitted to NMFS at the address below upon completion of the authorized activities. Both forms are supplied to permit holders at the time the permit is issued and additional (or electronic) copies can be obtained upon request.

Fishermen holding a shark research fishery permit do not need to submit an interim or annual report. Fishermen with a shark research fishery permit should report their commercial catch in the appropriate logbook.

Collection of Sharks for Display Purposes Consistent with the 1999 HMS FMP, and if deemed appropriate, NMFS will issue a Display Permit with tags as well as the interim and annual report forms. Each permit will be valid only for the number of animals and tags specified, and each animal must be tagged immediately to be considered an authorized collection. The animal must be tagged aboard the collection vessel and maintained in the animal during the acclimation holding period.

However, the tag may be removed once the animal is transported to the facility where it will be displayed. Should an animal be deemed unsuitable for public display during the acclimation period, the animal must be released with the tag intact in a manner that ensures the maximum probability of survival, and the annual report should be returned indicating that the animal has been released. NMFS may issue replacement tags for such released animals.

NMFS will consider accreditation in the American Zoo and Aquarium Association, or equivalent standards, as meeting the requirement of providing adequate facilities for an animal.

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The permit holder must comply with the Reasonable and Prudent Measures and Terms and Conditions of the the applicable Biological Opinion(s) and will report specimens, including ESA-listed species, caught under the authority of this permit to the HMS Management Division via submittal of Interim and Annual Reports in order to be eligible for such coverage. Please be advised that these actions may require authorizations under the Marine Mammal Protection Act for interactions with marine mammals. Please consult the following url for information about when additional consultations are required (http://www.nmfs.noaa.gov/pr/permits/incidental.htm#apply) and contact the Office of Protected Resources in Silver Spring, Maryland at 301-427-8400. This permit does not authorize the incidental take of marine mammals.

HMS EFP Contact Information Please submit any EFP applications with all of the required information, interim reports, and annual reports to: Craig Cockrell Highly Migratory Species Management Division (F/SF1) National Marine Fisheries Service 1315 East-West Highway Silver Spring, MD 20910 [email protected]

For additional HMS EFP information, contact Craig Cockrell at 301-427-8503. Applications may be faxed to 301-713-1917.

PAPERWORK REDUCTION ACT NOTICE: Collection of information through an exempted fishing permit program provides essential information for the conservation and management of Atlantic tunas, swordfish, sharks, and billfish. Information on distribution and migratory patterns will be used for stock assessment and in developing international catch sharing agreements. Public reporting burden for this collection of information is estimated to average 40 minutes per response. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: NMFS, Highly Migratory Species Management Division (F/SF1), 1315 East-West Highway, Silver Spring, MD 20910. Reporting of exempted fishing permit activity is required under the authority of the Atlantic Tunas Convention Act. It is NOAA policy to preserve the confidentiality of information submitted under this reporting requirement, except that NMFS may release such information in aggregate or summary form, such that individual identifiers are not disclosed (NAO 216-100). Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid OMB Control Number. OMB Control #0648-0471 Expires 12/31/2017.

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A Proposal in Support of the Issuance of an Exempted Fishing Permit to Conduct Scientific Research to Evaluate Catch Rates within the “East Florida Coast” Pelagic Longline Time-Area Closure

David Kerstetter [email protected]

Kerstetter EFC Time-Area Research Proposal 1

EXEMPTED FISHING PERMIT APPLICATION QUESTIONS:

1) Please list the main purpose and goals of the exempted fishing activity, primarily describing research or project as well as justification for issuance of such a permit.

The purpose of this project is to conduct scientific research using commercial pelagic longline (PLL) fishing vessels and standardized gear configurations inside the East Florida Coast PLL Closed Area to determine catch and bycatch rates of target and non-target species. This research is needed because information on catch and bycatch rates inside the area is very limited since the area was closed in 2001.

2) Have you received an EFP/SRP/LOA/Display Permit for similar activity/research in previous years?

Yes, the Principal Investigator conducted a similar study within the “East Florida Coast” and “Charleston Bump” time-area closures during 2008-2011 under EFP-08-02 (and subsequent amendments). The 2011 report of that time-area closure research is on file with NOAA, where it is also available to the public online:

Kerstetter, D.W. 2011. Pilot Project: Evaluating the Effects of Circle Hooks on Catch Rates within Two Pelagic Longline Time-Area Closures. Final Report to NOAA Fisheries Service, Contract Number 8404-S-006. 56 p. http://www.nmfs.noaa.gov/sfa/hms/advisory_panels/hms_ap/meetings/sept_2011/documents/fi nal_t-ac_project_report_complete.pdf

3) Is this permit request the same as in previous years?

No, the current EFP request is different in three substantial ways: 1) activities would only occur within the “East Florida Coast” time-area closure and areas otherwise open to regular pelagic longline fishing operations, rather than include the additional Charleston Bump time-area seasonal closure, 2) the research would use six vessels simultaneously, rather than two, and 3) catches would be observed with a combination of at-sea fisheries observers and the onboard video monitoring system now required by the NOAA Fisheries Service for all pelagic longline vessels to assess bycatch interactions, rather than 100% at-sea observer coverage. Despite the change in at- sea observer coverage percentage, all sets – including those with at-sea observers – will be monitored through video-based electronic monitoring. (Note that the estimated at-sea observer coverage rate of 33% of all sets in this project exceeds the approximately 8% coverage rate for the U.S. Atlantic and Gulf of Mexico pelagic longline fleet as a whole.) Additional details on fishing effort are provided in the answer to Question 10 below. All at-sea fisheries observers will use NOAA Pelagic Observer Program protocols and forms to ensure data compatibility with current federal data collection, and all at-sea video from the electronic monitoring system will be maintained by NOAA in accordance with current federal regulations.

For the participating vessels, Digital Globe, Inc. (Herndon, VA, USA; https://www.digitalglobe.com) has developed a custom Insight Explorer program within its proprietary Sea Star software that will establish a time/date and GPS-based geographic location tag for each event entered at sea by the vessel operator; this program is now in final testing, concurrent with the planned deployment of the system in January 2017. The vessel operator will manually

Kerstetter EFC Time-Area Research Proposal 2 enter the species for each capture event during the time of capture, which can then be linked directly to the video feed maintained by NOAA, which is itself time/date tagged. A daily summary of these manual entries will then be automatically compiled by the software and sent via satellite feed at midnight every night to both the researcher (EFP applicant) and vessel owner, which will be compiled into an electronic logbook and thus provide nearly real-time monitoring of the project catches. If requested, a copy of this daily summary can also be provided to NOAA. During the project, a randomly selected set of individual capture events will be pulled from the database, and a request for the respective video feed from that time/date tag will be made to NOAA, who will provide it with the researcher. The video will then be compared by the researcher with the electronic logbook data for the event as an auditing mechanism for the electronic logbooks. A letter from Digital Globe describing this system is included in the EFP application package.

The study will use the electronic logbook data for the purposes of spatial and catch rate analyses, while the at-sea fisheries observer data will be used for length-based analyses. The project will also provide an analysis of the accuracy of the electronic capture event system via the auditing of the NOAA video monitoring data. Audits will be conducted at three-month intervals throughout the duration of the project, then results used in ongoing consultations on the project with NOAA personnel.

4) Over how many years will the research take place?

We propose conducting this research over a three-year period, pending review and reauthorization of the activities conducted under annually-issued EFPs.

5) When will these activities occur?

We propose starting the experimental fishing activities as soon as practicable after 1 January 2017, pending approval of the initial annual EFP, background review of the vessels and vessel captains, and training of the at-sea fisheries observers. Assuming an approved three-year fishing period and annual reissuing of EFPs, fishing activities under the project would therefore conclude on 31 December 2019. Analyses of catches and catch rates, as well as total harvests, would be completed approximately six months following the conclusion of fishing activities authorized under these EFPs.

6) Where will these activities occur?

Experimental fishing activities would occur within a) the North Atlantic (areas “open” to the U.S. Atlantic pelagic longline fishery) for the estimation of baseline catch rates and b) portions of the Closed Area/Gear Restricted Zone (the “East Florida Coast” time-area closure, abbreviated as “EFC”) for comparative experimental catch rates.

7) If your research will be in a closed area/gear restricted zone, please describe which areas:

We request that these activities occur within the northern portion of the “East Florida Coast” time-area closure: the federal waters of the U.S. EEZ eastward from the 200 m (~100 fathom) bathymetric contour from 28.0 deg N northward to 31.0 deg N. A map of the proposed research area is included as Appendix I at the end of this EFP application.

8) Type, size, and amount of collection gear:

Kerstetter EFC Time-Area Research Proposal 3

Pelagic longline gear, using currently authorized gear types for the U.S. Atlantic fishery; final gear parameters (e.g., leader lengths) will be determined during collaborative discussions with participating captains, but will also fall within authorized gear standards (e.g., floatline length at least 110% of gangion length).

9) Please provide more information on gear selection and how you will be using gear:

This proposed research would use pelagic longline gear under current federally regulated configurations for HMS-targeting fisheries.

10) Please provide more information on individual research trips:

Number of research trips: variable, depending on actual mix of open and closed area sets Expected duration of each trip: approximately five (5) days for trips within the EFC time-area closure, and up to ten (10) days for trips in areas otherwise open to the pelagic longline fishery.

This proposed study of 3240 pelagic longline sets will use six small “coastal fleet” commercial pelagic longline vessels to further evaluate catches and catch rates of target and non- target species within the “East Florida Coast” time-area closure. An experimental design has been developed in conjunction with the NOAA Southeast Fisheries Science Center (SEFSC). With this proposed research, the northern portion of the EFC closed area would be split into two areas north to south, and a combination of at-sea fisheries observers and video monitoring would record catch and effort data. Catch data would be compared among all three areas (two closed, one open). A map has been included as Appendix I at the end of this proposal to clarify research areas. Vessels would spend a minimum of five sets per calendar quarter fishing within each of the respective sub- areas across all three years. Assuming an approved three-year fishing period and annual reissuing of EFPs, fishing activities under the project would therefore conclude on 31 December 2019.

11) Please list the shark, tuna, swordfish, or billfish species you expect to interact with:

Istiophoridae: blue marlin Makaira nigricans, white marlin Kajikia albida, sailfish Istiophorus platypterus, longbill spearfish Tetrapturus pfleugeri, and roundscale spearfish Tetrapturus georgeii

Xiphiidae: swordfish Xiphias gladius

Tunnidae: Bluefin tuna Thunnus thynnus, yellowfin tuna T. albacares, blackfin tuna T. atlanticus, bigeye tuna T. obesus, albacore T. alalunga

Sharks: shortfin mako Isurus oxyrinchus , tiger Galeocerdo cuvier, blue Prionace glauca, silky Carcharhinus falciformis, dusky C. obscurus, night C. signatus, bigeye thresher Alopias superciliosus. Limited numbers of interactions with rare-event shark species like longfin mako I. paucus are also expected, but these catches are difficult to quantify.

Estimated total catches for the duration of the research project of common species in the pelagic longline fishery are included in the attached proposal as Appendix II. i) In general, what are your handling techniques for sampling HMS (i.e., tail rope, sling, etc.)?

Kerstetter EFC Time-Area Research Proposal 4

No live HMS fishes will be sampled; biological samples will be recovered only from those individuals either legally retained for sale or dead at haulback. Any HMS species alive at haulback that is not retained for harvest will be released in a manner promoting their survival. ii) If subsequent unintentional mortality of a species occurs, do you expect to discard the dead animal, or retain the species for analysis?

Although biological samples (e.g., otoliths or muscle plugs) will be taken from HMS, the individual carcasses of non-retained mortalities will be discarded. All discarded individuals will be recorded by observers and/or electronic monitoring systems. Discards could occur due to a failure to meet minimum size requirements, or prohibited and protected species regulations. Coordination will be made with the NOAA Southeast Fisheries Science Center regarding potential collaborations or opportunistic sampling for ongoing NOAA research projects on HMS fishes. iii) If you plan to retain certain species/animals, what becomes of them?

Any otherwise legal fish will be retained for sale by the respective participating vessel. Any biological samples will either be retained by the applicant or provided to NOAA colleagues (e.g., elasmobranch life-history research with the NOAA SEFSC Panama City Laboratory).

12) If sampling with longline or gillnet gear, have you completed a safe handling and release workshop for protected resources?

Yes, the Principal Investigator has previously completed a safe handling and release workshop for the pelagic longline fishery, as will have all of the captains participating in this proposed research; valid owner/operator certificates will be aboard participating vessels at all times. Following approval of the EFP request, the Principal Investigator will attend the next available workshop, along with the at-sea observers, to receive additional training. The Principal Investigator and Nova Southeastern University graduate students participating in the project are planning to attend the shark identification workshop tentatively scheduled for Key Largo, Florida in December 2016.

13) Are protected species (i.e., smalltooth sawfish, sea turtles) and/or marine mammal encounters likely? Please list which species are to be encountered.

Prior research in the EFC closure area found no interactions with bluefin tuna or marine mammals, with very limited or no interactions (and no mortalities) for loggerhead, leatherback, green, or Kemps ridley sea turtles. Based on the rates observed in the prior research, we expect similarly low levels of encounters throughout the proposed research project, including low levels of marine mammal interactions, which generally occur in the pelagic longline fishery north of 31°N latitude. The prior research, in conjunction with decades of fisheries data from this region, also suggests that there will be extremely low or no catches of seabirds during the proposed research.

14) If you plan to keep species for public display, please provide a brief description of the holding facility.

Not applicable.

15) Are activities federally funded?

Kerstetter EFC Time-Area Research Proposal 5

No, the experimental fishing activities and subsequent analyses of fisheries data under this proposed research will be privately funded. We expect that NOAA may provide some types of in- kind support, such as facilitating at-sea observer training during regularly scheduled Pelagic Observer Program courses, but no federal funds will be provided directly to the project.

16) Which individuals should be listed as authorized samplers on your permit?

Dr. David Kerstetter (Principal Investigator, Nova Southeastern University). If the EFP is approved, the names of Nova Southeastern University graduate student at-sea observers will be provided accordingly to NOAA for inclusion as authorized samplers.

Kerstetter EFC Time-Area Research Proposal 6

Project Title: Evaluating the Fine-Scale Spatial Catch Rates within the “East Florida Coast” Pelagic Longline Time-Area Closure, a proposal in support of the issuance of an Exempted Fishing Permit to conduct scientific research to evaluate catch rates within the “East Florida Coast” pelagic longline time-area closure

Project Status: New

Project Period: 36 months, operating under annual Exempted Fishing Permits

Principal Investigator: Dr. David W. Kerstetter, Halmos College of Natural Sciences and Oceanography. Nova Southeastern University, 8000 North Ocean Drive, Dania Beach, FL 33004

Collaborating Industry Partners: Day Boat Seafood, Inc. and associated vessels

Project Summary: Two large geographical areas of the U.S. Exclusive Economic Zone – the “East Florida Coast” and waters around the Charleston Bump – were closed to pelagic longline fishing gear in 2001, in large part to protect populations of the recovering North Atlantic swordfish stock. Since the time-area closures were first implemented, this swordfish stock has undergone full recovery. All U.S. pelagic longline vessels are now required to use less-damaging circle hooks and “best practice” live release protocols for all bycatch species, including sea turtles.

This proposed study of 3240 pelagic longline sets (1080 per year) will use six small “coastal fleet” commercial pelagic longline vessels to further evaluate catches and catch rates of target and non- target species within the “East Florida Coast” (EFC) time-area closure. An experimental design has been developed in conjunction with the NOAA Southeast Fisheries Science Center (SEFSC). With this proposed research, the northern portion of the EFC closed area would be split into two areas north to south, and a combination of at-sea fisheries observers and video monitoring would record catch and effort data. Catch data would be compared among all three areas (two closed, one open). A map has been included as Appendix I at the end of this proposal to clarify the geographic boundaries of the proposed research areas. Vessels would spend equal time fishing within each of the respective sub-areas and across all three years. This research would occur during the period 1 January 2017 through 31 December 2019, assuming an approved three-year fishing period and annual reissuing of EFPs.

Project Funding: All costs for the experimental fishing activities and subsequent analyses of fisheries data under this proposed research will be privately funded by the collaborating industry partner. We expect that NOAA may provide some types of in-kind support, such as facilitating at- sea observer training during regularly scheduled Pelagic Observer Program courses, but no federal funds will be provided directly to the project.

Kerstetter EFC Time-Area Research Proposal 7

Problem Statement

The U.S. Atlantic pelagic longline fishery for Atlantic HMS primarily targets swordfish Xiphias gladius, yellowfin tuna Thunnus albacares, and bigeye tuna T. obesus in various areas and seasons. Secondary target species include dolphinfish Coryphaena hippurus, albacore tuna T. alalunga, pelagic sharks, and a few species of large coastal sharks. Although this gear can be modified (i.e., depth of set, hook type, bait type, etc.) to target swordfish, tunas, or sharks, it is generally a multi-species fishery. These vessel operators can switch gear style and make subtle changes to target the best available economic opportunity of each individual trip. Pelagic longline gear sometimes attracts and hooks non-target finfish with little or no commercial value, as well as species that cannot be retained by U.S. commercial fishermen due to regulations, such as istiophorid billfishes. Any species (or undersized catch of permitted species) that cannot be landed due to fishery regulations is required to be released, whether dead or alive. Pelagic longline fishing gear may also interact with protected species such as marine mammals, sea turtles, and seabirds, and it is thus classified as a Category I fishery with respect to the Marine Mammal Protection Act. This gear type is possibly the most regulated of all HMS gear types. U.S. pelagic longline fishermen operate over wide areas of the Atlantic Ocean, the Caribbean Sea, and the Gulf of Mexico. For instance, the largest U.S. pelagic longline vessels’ fishing range can span from the Grand Banks off Newfoundland, Canada, east to the Azores and south along the mid- Atlantic range to South America. By contrast, the smallest U.S. pelagic longline vessels are basically "day boats" that are only capable of fishing near-shore areas. Many of the remaining small-vessel, short-trip fishermen work off the coast of the Carolinas, the east coast of Florida and the U.S. Caribbean. Large time-area closures implemented by NMFS in 2000 and 2001 in the Gulf of Mexico and the U.S. Atlantic have forced many of these small-vessel, short-trip domestic fishing operations out of business, with resultant local economic effects. Currently, the “East Florida Coast” (hereafter, abbreviated as simply “EFC”) time-area closure extends in federal waters from Key West, through the Florida Straits and U.S. Exclusive Economic Zone, up to 31°N latitude, where it adjoins the seasonal Charleston Bump time-area closure. A prior research project, conducted explicitly as a pilot study, examined the catch rates for target and bycatch within portions of the EFC with pelagic longline gear from 2008-2010 (Kerstetter, 2011). Specifically, a total of 188 pelagic longline sets were conducted within the South Atlantic Bight and Florida East Coast NOAA pelagic observer program statistical areas to evaluate the catches and catch characteristics. A total of over 3,200 individual animals were caught, including 1,295 swordfish and 717 tunas. For istiophorid billfishes, 75 blue marlin Makaira nigricans, 22 white marlin Kajikia albidus, and 136 sailfish Istiophorus platypterus were caught, with only 76 combined billfishes discarded dead. Bycatch of sharks was minimal, and the main bycatch elasmobranch species were tiger Galeocerdo cuvier, silky Carcharhinus falciformis, and night C. signatus sharks. The work interacted with only five sea turtles (three leatherback Dermochelys coriacea, two loggerhead Caretta caretta), all of which were released alive, and no seabirds or marine mammals. While the results suggest that limited pelagic longline operations could occur within these specific regions of the time-area closures, additional highly-monitored research using a rigorous sampling design in targeted regions of these time-area closures would be prerequisites to consider fishery management changes this area of historical commercial fishing operations.

Description of the Coastal Pelagic Longline Fishing Gear

Pelagic longline fishing gear consists of a single line (mainline) with a series of hook leaders (gangions) that connect to individual baited hooks in the ocean at specific depths. The hooks are generally spaced several hundred feet apart, and the mainline can be from 5 to 40 miles in length, although in the coastal fishery such lines generally do not exceed 25 miles with approximately 300 -

Kerstetter EFC Time-Area Research Proposal 8

600 hooks. Pelagic longline fishermen attach floats to their fishing gear, which enables it to be suspended at specific depths of the ocean’s water column, as opposed to bottom longline fishermen, whose gear is placed at or near the bottom of the ocean. Additional details on the physical structure of pelagic longline gear can be found in NMFS (2006).

Problem/Opportunity Statement The domestic pelagic longline fleet has been unable to harvest the annual allowable catch of swordfish allocated to the United States by the International Commission for the Conservation of Atlantic Tunas (ICCAT) for the past several years. Several options have been suggested for how the United States might retain its swordfish quota, some of which have been recently implemented by NOAA, such as removing vessel upgrade restrictions. A different suggestion for increasing the total U.S. harvest of swordfish would be to re-examine the boundaries of the time-area closures impacting the commercial pelagic longline fishery. This rationale holds that if the conservation goals of the time-area closures have been achieved, then these closures should be reopened to the fishery. Time-area closures for the pelagic longline fishery have been used for many years as a management tool by NOAA to reduce levels of bycatch. For example, there is a seasonal closure of some of the offshore waters from the Mid-Atlantic States to reduce the bycatch of bluefin tuna Thunnus thynnus. The EFC time-area pelagic longline closure was implemented in 2001 due to specific concerns about the high rates of juvenile swordfish bycatch on a then-overfished stock (NMFS, 2006; see also Cramer, 2001).

Project Goal and Objectives:

This project proposes to collect data on pelagic longline catch rates, size of fish, hooking location, mortality at haulback, and bycatch mortality while targeting swordfish within the EFC time-area closure. The area in question consists approximately of the waters between 28° and 31°N latitude, seaward of 100 fathom contour, out to the boundary of the U.S. Exclusive Economic Zone (EEZ) (see map as Appendix I). This area contains unusual oceanographic features. The Florida Straits is a geographic area of high current, steep topography, and tropical waters bordered by Florida, Cuba (to the south), and the Bahamas (to the east). As the Gulf Stream exits the Florida Straits at approximately 26°N and begins to broaden out along a northeastern axis, the current slows and begins to meander northward. Although conventional tagging data indicate that large swordfish actively exit the Florida Straits, it has not been resolved whether the majority of the caught swordfish in the Florida Straits represent a resident or transient population. Although the spatial extent of the recreational fishing effort within this time-area closure is unknown, anecdotal information and the results from the 2008-2010 research both suggest that the area will have minimal opportunity for possible gear conflicts between the recreational and commercial fisheries. The EFC time-area closure to pelagic longline gear originated from a need to reduce the bycatch of undersized swordfish to help rebuild the North Atlantic stock in accordance with management guidelines from the International Commission for the Conservation of Atlantic Tunas (ICCAT). The North Atlantic swordfish stock assessment at the time of the area-closure implementation indicated that the stock was moderately overfished, but is currently at a biomass consistent with maximum sustainable yield1 (ICCAT, 2016). To help guard against additional

1 The draft report of the ICCAT Standing Committee on Research and Statistics (SCRS) notes that the North Atlantic swordfish stock has a relative biomass (B2011/BMSY) of 1.14 (1.05-1.24) and a relative fishing mortality (F2011/FMSY) of 0.82 (0.73-0.91), based on the last assessment in 2013. Thus, the stock was considered by the SCRS in 2016 as not overfished, nor is overfishing occurring. The draft report (ICCAT, 2016) is available online at http://www.iccat.int/Documents/Meetings/Docs/2016_SCRS_PROV_ENG.pdf

Kerstetter EFC Time-Area Research Proposal 9 problems with bycatch, the federal government has mandated specific hook and bait types for the fishery, as well as safe handing equipment and procedures for bycatch species such as billfishes and sea turtles2. The objective of this proposal within the EFC time-area closure is to determine the effects on target and bycatch species’ catch rates and mortality at haulback for the small-vessel, coastal pelagic longline fishery given the recovery of the North Atlantic swordfish stock and the mandatory use of large, non-offset circle hooks. Many of the pelagic longline vessels in the EFC areas target swordfish. These vessels often land a great deal of dolphin and wahoo: other species of interest to longline fleets. Both of these species are drastically affected by their take as bycatch and the proposed mortality models would allow for a closer look at these numbers, ultimately affecting their stock assessments. The 2008- 2010 pilot study within the EFC time-area closure monitored 188 sets and over 3200 caught animals; however, the majority of this effort was located around the eastern edges of the East Florida Coast and Charleston Bump closures. The final report of this research suggested that additional highly monitored research in targeted region of the EFC time-area closure would be prerequisites to future consideration of fishery management changes to this area of historical commercial operations. Consistent with the general recommendations from the Highly Migratory Species Advisory Panel to revitalize the U.S. Atlantic pelagic longline fishery, this project would have one main objective: Characterization of the total catch and catch composition from within discrete northern sections of the EFC time-area closure.

Materials and Methods:

Methods In cooperation with NOAA Fisheries partners providing support services (assistance with training fisheries observers, for example), this project proposes to conduct scientific research in the U.S. coastal waters to develop and evaluate the efficacy of new technologies and changes in fishing practices to reduce the incidental take of endangered and threatened sea turtle species, and the incidental bycatch of white marlin, blue marlin, sailfish, bluefin tuna, marine mammals, and undersize swordfish by pelagic longline gear. The proposed distinct geographical area for the work is well south of Cape Hatteras, within the northern part of the EFC time-area closure. During a three-year period between 1 January 2017 and 31 December 2019, six small “coastal fleet” pelagic longline vessels at a time would fish with normal pelagic longline gear in the EFC time-area closure (see the two sub-areas in Appendix I). Based on analyses of available position data on the EFC area, it would be split into two sub-areas to ensure adequate coverage of the area. Commercial pelagic longline vessels that participate in the research will carry observers and they must fish their gear in a specified, pre-determined manner designed to test one or more variables affecting bycatch. Finer-scale fishing set position data will be collected using vessel-based and hand-held GPS units. When at sea, fisheries observers will collect a suite of data on standard forms used by the SEFSC Pelagic Longline Observer Program including the Longline Gear Configuration Log, the Longline Haul Log, and the Individual Animal Log, and the Sea Turtle Life History Form. (Forms are available online at http://www.sefsc.noaa.gov/fisheries/observers/forms.htm). Observed sets would also use the Section Log form to record the geographic position of all end-of-section high- flyers and beeper buoys, as well as deploy temperature-depth recorders (TDRs) as available. Observers will record information on all animals caught, the time and depth data for each set from

2 The grouping of “sea turtles” (Superfamily: Chelonioidea) includes the following species: leatherback Dermochelys coracea, loggerhead Caretta caretta, Kemp’s and olive Ridley Lepidochelys kempii and L. olivacea, green Chelonia mydas, and hawksbill Eretmochelys imbricata. Leatherback and loggerhead turtles are the most common turtle bycatch species in the U.S. Atlantic pelagic longline fishery.

Kerstetter EFC Time-Area Research Proposal 10 the TDRs and the time, location, and water temperature at which each section of gear is set and hauled. Participating captains, crews, and observers will follow NOAA guidelines and permit requirements for handling marine turtles hooked or entangled on longline gear. In addition to the mandatory logbook reporting by the vessel captain, all catches during this proposed project would be observed with a combination of at-sea fisheries observers and the onboard video monitoring system now required by the NOAA Fisheries Service for all pelagic longline vessels to assess bycatch interactions. All at-sea fisheries observers will use NOAA Pelagic Observer Program protocols and forms to ensure data compatibility with current federal data collection. All at-sea video from the monitoring system will be maintained by NOAA in accordance with current federal regulations. For the participating vessels, Digital Globe, Inc. (Herndon, VA, USA; https://www.digitalglobe.com) has developed a custom Insight Explorer program within its proprietary Sea Star software that will establish a time/date and GPS-based geographic location tag for each event entered at sea by the vessel operator; this program is now in final testing, concurrent with the planned deployment of the system in January 2017. The vessel operator will manually enter the species for each capture event during the time of capture, which can then be linked directly to the video feed maintained by NOAA, which is itself time/date tagged. A daily summary of these manual entries will then be automatically compiled by the software and sent via satellite feed at midnight every night to both the researcher (EFP applicant) and vessel owner, which will be compiled into an electronic logbook and thus provide nearly real-time monitoring of the project catches. If requested, a copy of this daily summary can also be provided to NOAA. During the project, a randomly selected set of individual capture events will be pulled from the database, and a request for the respective video feed from that time/date tag will be made to NOAA, who will provide it with the researcher. The video will then be compared by the researcher with the electronic logbook data for the event as an auditing mechanism for the electronic logbooks. The study will use the electronic logbook data generated by the Insight Explorer program for the purposes of spatial and catch rate analyses, while the at-sea fisheries observer data will be used for length-based analyses. The project will also provide an analysis of the accuracy of the electronic capture event system via the auditing of the NOAA video monitoring data. Audits will be conducted at three-month intervals throughout the duration of the project, then results used in ongoing consultations on the project with NOAA.

Specific training on handling marine turtles that are hooked or entangled will be provided by NOAA Fisheries qualified personnel at observer and captain training sessions prior to initiation of research. All captains will also be required to have a valid certificate of this training aboard their vessel at all times, in accordance with NOAA regulations. Turtles that are hooked or entangled will be brought on board using dip nets if size permits and all gear removed following recommended procedures. For turtles, marine mammals and other bycatch that cannot be brought aboard, gear will be removed using line cutter and de-hooker devices already supplied by NMFS to each vessel. Depending on permit authorization, all live turtles brought aboard will be tagged with standard flipper tags and released. Turtles that appear stressed will be maintained onboard and given the opportunity to revive before release.

Exempted Fishing Permit Conducting research during this time period and within these time-area closures would require an Exempted Fishing Permit (EFP) from NMFS similar to the one issued to the Principal Investigator in 2008 (HMS-EFP-08-02, plus associated amendments). It is fully expected that any authorized EFP for this proposed work would also include explicit limits on allowable bycatch (by number or percentage of total catch) as a condition of its issuance, as was the case for HMS-EFP-08-

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02. This EFP would also be expected to be specific to the six authorized pelagic longline vessels and several back-up vessels named in this proposal. All federal fishery regulations will be observed during this proposed study. The gear configuration would use a standard length leader, with five hooks per basket (between floats), and use a standard length of floatline (between the mainline and the surface) that is consistent with lengths currently used outside the time-area closure (for a diagram of the approximate gear configuration to be used, see Kerstetter and Graves, 2006). Standard lengths would be chosen prior to fishing operations in cooperation with the participating vessels, but would be representative of the current practices in the open areas of U.S. Atlantic fishery.

Experimental Design

The total number of proposed sets for this study is 3240 for all six vessels across three years of fishing effort, which would be distributed approximately equally across the four calendar quarters and years. To minimize sampling bias to the catch comparisons, each participating vessel would be required to fish an equal number of sets (and approximately equal amounts of the same gear configurations) throughout the specific time-area closure waters. A “set” would be considered as a deployment of more than 50% of the gear within an area, including no more than 750 hooks per set. Participating vessels would not be permitted to deploy gear within any area remaining closed under the EFP, and in the event of the gear drifting toward a closed area, the vessel will be required to immediately begin gear retrieval. Fisheries observers will be placed aboard a minimum of 15 sets per quarter per vessel throughout the course of the project; five sets in each of the three sub-areas (two sub-areas within the EFC closed area, plus the “open” area as its own sub-area for comparative purposes). Assuming that the vessels will be permitted for up to 45 sets per quarter, this results in an observed set rate for an at-sea fisheries observer of 33%, which is over three times the rate of observer coverage for the rest of the U.S. Atlantic pelagic longline fishery (excepting the special coverage in the Gulf of Mexico). For the purposes of this proposal, a “fisheries observer” is a federal Pelagic Observer Program (POP) fishery observer, the Principal Investigator, or the supported Nova Southeastern University graduate student who would collect data on all animals caught, including size and weight, as well as time, depth, sea surface temperature, and location information for each set using standard NMFS forms (a full list of data collected by the POP can be found in Beerkircher et al., 2002). The Principal Investigator and many of the Nova Southeastern University graduate students have been trained by the POP during their normal training courses at the NOAA SEFSC. The vessel captain and crew would be required to use all federally-required “best practice” equipment and techniques for releasing non-retained bycatch animals in a manner maximizing their survival. To the extent practicable, the results of these fishing operations would be monitored in real time to actively monitor fishery interactions with bycatch species and undersized swordfish.

Analyses of these catch data would test the following three hypotheses: HO1: There are no statistically significant differences in catch rates within the time-area closure and the open area of the EFC NMFS statistical area by species (including composite values for species groups and juvenile swordfish). Under this hypothesis, we would also assess catch rates among the three sub-areas. HO2: There are no statistically significant differences between contemporary and historical catch rates within the EFC time-area closure by species (including composite values for species groups and juvenile swordfish). HO3: There are no statistically significant differences in mortality (at haulback) between circle hooks (contemporary data) and J-style hooks (historical data) within the EFC

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time-area closure and the open area of the EFC statistical area combined by species (including composite values for species groups and juvenile swordfish).

Fishing Activities In the 2008-2010 research, estimates of necessary sample sizes were conducted using G*POWER 3.0.1 (Faul, 2006) and catch rates from POP data. Catch rates in the pelagic longline fishery are commonly expressed as catch-per-unit-effort (CPUE) values of number of individuals caught per 1,000 hooks. However, the contemporary CPUEs within the time-area closures remain unknown, so proxy estimates were generated using historical data, which resulted in widely varying estimates of total fishing effort needed to detect a significant difference. For example, the G*POWER analysis indicated a minimum of 1,592 sets both inside and outside the time-area closure. In contrast, if the assumption is that the CPUE for discarded swordfish inside this time-area closure is 35.0, but outside is only 23.3, with the same standard deviation, the analysis indicates a need of only 128 sets inside and outside the time-area closure to detect a difference at the same significance level. The same type of analysis would also apply to other bycatch species of concern, such as istiophorid billfishes or bluefin tuna. The actual (rather than expected) CPUEs reported from the 2008-2010 research were found to be sufficient from post hoc analyses of statistical power to actually require fewer sets than predicted for the main target species of swordfish, as well as several other species (Kerstetter, 2011). Although the prior pre hoc analyses proved relatively accurate, an additional effort was made in collaboration with Dr. Matt Lauretta (NOAA; August 2016) to examine expected catch rates using pre-closure fisheries data. At only 132 total observations, the number of vessels fishing within the proposed sub-areas of the EFC within the POP database were insufficient to reach firm conclusions, however. Based on consultations between NOAA SEFSC staff and Dr. Steven Smith (UM-RSMAS; June 2016), the parameters needed to allow for statistically valid comparisons at the sensitivity level of daily set are the following: a) areas of nearly equal size, b) stratification by area, to allow for spatial analyses, and c) a minimum of four observed sets per calendar quarter per each sub-are over the duration of the study. The planned sampling design satisfies these parameters. Dr. Lauretta has also indicated his strong support to a multi-year project, as to best assess interannual variability.

Pelagic longline vessels currently operating in the fishery would be able to conduct sets within the requested sub-areas of the EFC time-area closure under the following conditions: • Agree to conduct five sets per vessel per quarter within each of the three sub-areas with an industry-funded fisheries observer (waived if a POP observer is assigned to the vessel and POP agrees to share data). • Agrees to fish only with project-standard gear, parameters to be determined via consultations with participating captains. • Has a working video catch monitoring system (detailed above), which will be used to verify and supplement the on-board fisheries observer with 100% video coverage. • Vessels must deploy between 500 (miniumum) and 750 (maximum) hooks per set within the closed area (i.e., both of the two sub-areas). Vessels may deploy additional hooks at their discretion when fishing outside the closed sub-areas, but must still allow observer access to examine any caught animals. However, given the limited geographic area in the southern sub-area of the proposed research and effort deployed in the 2008-2010 research, we expect deployed hooks to average fewer than 750 per set within the closed sub-areas. • Any “Notice of Violation and Assessment” (NOVA) or other legal obligation would disqualify the captain from further participation in the project (i.e., continue under the EFP).

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• The vessel operator is responsible for all matters relating to safety of personnel, the vessel, and equipment operation. • Any vessel wishing to participate will be welcome to contact the PI and the co-applicant, Day Boat Seafood, Inc. – all participating vessels must meet all of the same requirements, including Observer coverage and video auditing, and any non-Day Boat Seafood, Inc. vessels will also be subject to requests for funding support for the project.

The Principal Investigator or Nova Southeastern University graduate students will serve as at-sea fisheries observers during the project. All fisheries observers will use NOAA Pelagic Observer Program standard data forms and recording methodologies. In addition: • The vessel crew will assist the Observer in collecting data on section location, water temperature, and time of section set. Observers will collect a suite of data on standard forms used by the SEFSC Pelagic Longline Observer Program including the Longline Gear Configuration Log, the Longline Haul Log, and the Individual Animal Log, and the Sea Turtle Life History Form. Observed sets would also use the Section Log form to record the geographic position of all end-of-section high-flyers and beeper buoys, as well as deploy temperature-depth recorders (TDRs) as available. Observers will record information on all animals caught, the time and depth data for each set from the TDRs and the time, location, and water temperature at which each section of gear is set and hauled. Participating captains, crews, and observers will follow NOAA guidelines and permit requirements for handling marine turtles hooked or entangled on longline gear. • Following each fishing set, the vessel captain and at-sea fisheries observer will determine the accurate number of hooks fished, to be included in a daily e-mail report. • The at-sea fisheries observer will also be given access to the fish at the point of sale to record weight data by carcass to allow for subsequent economic analyses.

Data Reporting In addition to the data collection parameters discussed above, the Principal Investigator will conduct the following data reporting activities: • Trip reports from NSU fisheries observers will be sent to the NOAA POP office at the SEFSC within 3 days of landing. • Summaries of all catches, including all bycatch, under this research will be provided using the PLL logbook data to designated NOAA HMS Management contact personnel at the end of every six-month period. • Research vessel Captains must: a) Fulfill all usual trip NMFS pelagic logbook and economic reporting requirements, and b) Maintain electronic reporting systems (VMS) described above as fully operational at all times.

Expected Catches Using the catch rates from the 2008-2010 pilot project, simple extrapolations were made regarding expected catches. Catches were first summarized into CPUEs (catch-per-unit-effort, here in catch per 1000 hooks) by geometric and standard arithmetic means for each calendar quarter (geometric means better assess central tendency across values with broad ranges, like CPUEs, but tend to discount the occasional large catch of rare-event species). These CPUEs were then multiplied by the expected number of sets and mean expected effort per set (750 hooks). Details on the methods for the catch extrapolations, including the results by open vs. closed areas, can be found in Appendix II, as can the total estimated catches for the main catch and bycatch species reported in Table 10 of the 2008-2010 research final report (Kerstetter, 2011). For the istiophorid billfishes, additional analyses assessed probable numbers of mortalities through a separate

Kerstetter EFC Time-Area Research Proposal 14 extrapolation, using survival at haulback rates (from Kerstetter et al. 2003 and Kerstetter and Graves 2006) and post-release survival rates (from Kerstetter et al. 2003 for blue marlin, Kerstetter and Graves 2008 for sailfish, and Kerstetter and Graves 2006 for white marlin). Per this secondary extrapolation, estimated mortalities from the three years are none for any species using geometric means, but total 42 blue marlin, 90 sailfish, and 75 white marlin using the arithmetic means. Prior research in the EFC closure area found no interactions with marine mammals, with very limited or no interactions (and no mortalities) for loggerhead, leatherback, green, or Kemps ridley sea turtles. Based on the rates observed in the prior research, we expect similarly low levels of encounters throughout the proposed research project, including low levels of marine mammal interactions, which generally occur in the pelagic longline fishery north of 31°N latitude. The prior research, in conjunction with decades of fisheries data, suggest that there will be very low or no catches of seabirds during the proposed research. Given the use of circle hooks and NOAA turtle bycatch protocols, as well as relatively short sets of pelagic longline gear and minimal prior catch rates within the proposed research areas, we loosely estimate total turtle mortality over the three years to be less than three individuals.

Data Analyses

As with Kerstetter and Graves (2006) and Kerstetter (2011), CPUEs will be generated for individual species and such following species groups: “ALL SWO” for all swordfish, “RET SWO” for only retained swordfish, “JUV SWO” for only juvenile (under the legal size) swordfish, “UIC” for unidentified carcharhinid sharks, “BILLFISH” for all billfishes, and “TURTLES” for all sea turtles. Differences in CPUE between areas for the species with >10 individuals will be tested with paired t- tests. If necessary, the X´=log(X+1) or X´=ln(X+1) transformation will be performed on the data to conform to the assumption of normality (Zar 1996, as used in Kerstetter and Graves 2006). Only measured lengths from the at-sea fisheries observers will be used in length-frequency analyses. Contemporary comparisons of CPUEs inside and outside the time-area closures (including within sub-areas) will be conducted on a calendar quarter basis.

Project Impacts:

There are two possible benefit streams from this research. In the short-term, the participating pelagic longline vessels would benefit from this project both commercially by an extended harvest season and with regards to safety by being able to fish in an area closer to the shore. This work would also form the thesis projects of Nova Southeastern University graduate students. In a long-term perspective, if this work shows progress in the efforts by the fleet to control bycatch through gear modifications and techniques, NMFS would benefit by having an experimental comparison methodology for re-evaluating existing time-area closures for pelagic longline fishing gear. (There is currently no agreed-upon methodology for determining how or under what conditions the agency could proceed with this re-evaluation.) This proposed work would compare the circle hook gear efficiencies within and outside the closed time-area, which would allow the agency to develop a set of guidelines that could be potentially exported to other domestic time-area closures. Any loss of the current U.S. quota share of the ICCAT North Atlantic swordfish stock is likely to benefit a number of countries in close proximity to the U.S. Exclusive Economic Zone, most of which use less environmentally-friendly harvesting methods than the current U.S. pelagic longline fleet. Many of these countries also fish in areas that are well-known seasonal migratory pathways for swordfish, tunas, and billfish migrating into U.S. waters. The impact of increasing harvest in these foreign fisheries could reduce the amount of swordfish available to U.S. commercial fisheries

Kerstetter EFC Time-Area Research Proposal 15 and recreational anglers both inside and outside the pelagic longline time-area closures, as well as have detrimental effects on the populations of bycatch species.

No adverse environmental impacts are expected from this project. However, there will be minor shifts in the total catches by the vessels due to the partial shift of effort into the EFC closed area. Changes in catches are included in the expected catch table in Appendix II, with the main changes being a decrease in bigeye and yellowfin tuna landings and an increase in swordfish and dolphinfish landings. The changes in catch for bycatch species are variable, especially for the pelagic sharks, especially since the post-release mortality estimates are generally unknown. Although considered traditional fishing grounds, none of these geographic areas to be fished under the proposal are deemed of notable national or regional importance for any of the listed reasons, nor are any physical interactions expected between the gear or vessels and the underlying seafloor.

Proposed Schedule of Work:

We would begin this work in 1 January 2017, with an expected completion date of 31 December 2019 with the submission of all deliverables and a final report of the accomplished work. Interim reports will also be submitted as required. We expect the following schedule: • October-December 2016 (pre-fishing): submit EFP application, which NOAA will release for public comment, then make recommendations regarding potential changes to experimental design; hire Nova Southeastern University graduate students as at-sea fisheries observers and finalize logistical arrangements with vessels; determine fishing gear parameters in collaboration with participating captains • January 2017-December 2017: assuming issuance of EFP, conduct experimental fishing activities within the requested sub-sections of the EFC time-area closure in accordance with EFP requirements and experimental design • July 2017, January 2018, July 2018, January 2019, July 2019: six-month interim reporting to NOAA on status of the project and catches to date, with progress updates to the public at each of the two (spring and fall) HMS Advisory Panel meetings per year • January 2018-December 2018: assuming issuance of an EFP for the second year, conduct experimental fishing activities within the requested sub-sections of the EFC time-area closure in accordance with EFP requirements and experimental design • January 2019-December 2019: assuming issuance of an EFP for the third year, conduct experimental fishing activities within the requested sub-sections of the EFC time-area closure in accordance with EFP requirements and experimental design • March 2020 (post-fishing): submit final report to Day Boat Seafood and NOAA

Output:

Semi-annual progress reports and a final project report will be submitted as required. Preliminary and final results may be presented at professional meetings by the Principal Investigator and graduate students. In addition to these presentations, the results of this research may be submitted as one or more working papers to the ICCAT SCRS and/or peer-reviewed manuscripts to international fisheries journals for publication. The Principal Investigator is a technical advisor to the U.S. ICCAT Advisory Committee and a member of the HMS Advisory Panel, and he will submit the results of the proposed research for discussion and consideration by the members of the Committee, including the Swordfish Species Working Group and the Advisory Panel as a whole.

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Project Personnel:

Principal Investigator: David W. Kerstetter, Ph.D. – Research Scientist, NSU Oceanographic Center. Research focuses on pelagic fishes and the commercial and recreational fisheries for these species in the western North and South Atlantic with nearly 20 years experience with fisheries biology field research, including over 15 years with the U.S. pelagic longline fishery. (An abbreviated CV for the Principal Investigator, with a record of prior federal funding, included as Appendix III.)

Facilities:

Nova Southeastern University (NSU) is a Florida-based entity located in Davie, Florida. The NSU Halmos College of Natural Sciences and Oceanography sits on a 10-acre site next to the Port Everglades inlet, which provides immediate access to the Florida Straits. Buildings contain laboratories, conference rooms, an oceanographic library, classrooms, computing facilities, and offices. With the exception of the actual at-sea fieldwork, NSU has all necessary land-based facilities for equipment, sample processing and storage, and subsequent data analyses associated with the proposed research.

Project funding:

The project is being funded by the co-applicant, Day Boat Seafood Inc., through the commercial sale of legally retained fish. At-sea and analytical components includes support for graduate students and the Principal Investigator, travel to the fishing vessels and training, and at- sea monitoring supplies and equipment. This lack of government funding for the at-sea and analytical components of the project means that a larger number of sets (higher fishing effort) is being proposed than is indicated as needed based solely on minimum CPUE estimators, which will presumably increase catch of retainable fish and enable the financial support. However, catch rates are expected to be variable over calendar quarters and sub-area; it is also worth noting that not all sets will even have catches of retainable fish for sale. The higher level of fishing effort will also ensure sufficient data for addressing the project goals if the modeled CPUE estimations are incorrect. Additional sources of funding are being sought from private donors and NGOs. Although not providing funding for the project directly to the industry or academic partners, NOAA and agency personnel have indicated their willingness to support the project through occasional assistance with statistical analyses and archiving data through the SEFSC Pelagic Observer Program. Additional support is currently being sought for additional analyses of video footage from the fishing activities. We believe that this type of limited partnership between the fishing industry, academia, and NOAA will enable a cost-effective method of addressing a significant management question.

Permits

Under NOAA National Marine Fisheries Service regulations, all experimental fishing activities for HMS fishes must be approved in advance with an explicit Exempted Fishing Permit (EFP). The Principal Investigator is familiar with the federal regulations regarding the pelagic longline fishery in U.S. waters and serves on the HMS Advisory Panel. He will be responsible for coordination with NMFS personnel regarding maintaining all permits for this research and the interim reporting of fishing activities to the HMS Management Division. The Principal Investigator will also coordinate the experimental fishing activities under this proposed work with the NOAA SEFSC – Miami Laboratory biological staff and NOAA Pelagic Observer Program personnel.

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The species (target and incidental) expected to be harvested under the EFP are: swordfish, yellowfin tuna, bigeye tuna, albacore tuna, shortfin mako shark, dolphinfish, wahoo Acanthocybium solandri, and escolar Lepidocybium flavobrunneum. Other species are expected as bycatch, including: bluefin tuna, blue marlin, white marlin, sailfish, spearfish Tetrapturus spp., blue shark Prionace glauca, and large coastal sharks, as well as lancetfish Alepisaurus sp. and snake mackerel Gempylus serpens. The United States is allocated sufficient landings quotas for all the internationally-managed species to cover any catches during the course of this research program. Each species caught will be observed under video-based or at-sea fisheries observer coverage and the disposition of each species will be recorded. Although NOAA will likely conduct its own NEPA review, a summary of NEPA-related questions has been included as Appendix IV to this proposal. NMFS/HMS Division will need to issue an Exempted Fishery Permit to the Principal Investigator that explicitly lists each authorized commercial fishing vessel to conduct pelagic longline research in the EFC closed area. Each potential research vessel that will be covered by the EFP will provide:

1. A copy of the following documents: USCG documentation papers, Directed Swordfish Limited Access Permit, Directed or Incidental Shark Limited Access Permit, Atlantic Tunas Permit, High Seas Permit, Marine Mammal Protection Act Authorization, relevant state landing license and/or registration, Federal Communication Commission Radio License, USCG Commercial Fishing Vessel Safety Examination and/or Safety Decal and First Aid/CPR Certificate (on file). Prior to program start, each vessel will also provide the Principal Investigator with an Insurance Certificate/Binder that includes Observer coverage, e-mail tests with the SEFSC, the Observer Program and Principal Investigator, current copies of any necessary renewal of above documents and confirmation of Vessel Monitoring System compliance. 2. The current name, address and telephone number of the owner and master (operator) for each participating vessel is as follows (note that the following is simply an example):

F/V Kristin Lee: USCG Documentation #: 656259 Owner/Operator: Ally Mercier

A list of the initial vessels selected to participate in the project is included as Appendix V, pending NOAA internal review of the vessels and captains.

References:

Appelman, M.H. (2014). Catch-per-unit-effort spatial metric for pelagic longline catch and effort data from the western North Atlantic tuna fishery. Nova Southeastern University MS thesis. 122 p. Beerkircher, L. R., Lee, D. W., Brown, C. J., & Abercrombie, D. L. (2002). SEFSC pelagic observer program data summary for 1992-2000. US Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Southeast Fisheries Science Center. Falterman, B., Graves, J.E., (2002). A preliminary comparison of the rela- tive mortality and hooking efficiency of circle and straight shank (“J”) hooks used in the pelagic longline industry. Am. Fish. Soc. Symp. 30, 80–87. Faul, F. (2006). G* Power version 3.0. 5. Universitat Kiel, Germany. Hoey, J.J. (1996). Bycatch in Western Atlantic pelagic longline fisheries. In: Solving Bycatch: Considerations for Today And Tomorrow. Alaska Sea Grant College Program, Rep. No. 96- 03, pp. 193–203.

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International Commission for the Conservation of Atlantic Tunas (ICCAT) 2016. REPORT OF THE ICCAT STANDING COMMITTEE ON RESEARCH AND STATISTICS (SCRS); available online at http://www.iccat.int/Documents/Meetings/Docs/2016_SCRS_PROV_ENG.pdf Kerstetter, D.W. (2011). Pilot Project: Evaluating the Effects of Circle Hooks on Catch Rates within Two Pelagic Longline Time-Area Closures. Final report, NOAA Contract Number 8404-S- 006. 56 p. Kerstetter, D. W. (2008). Measuring the length of a pelagic longline set: Applications for management. North American Journal of Fisheries Management, 28(2), 378-385. Kerstetter, D. W., & Graves, J. E. (2006). Effects of circle versus J-style hooks on target and non- target species in a pelagic longline fishery. Fisheries Research, 80(2), 239-250. NMFS. (2006). Final Consolidated Atlantic Highly Migratory Species Fishery Management Plan. National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Office of Sustainable Fisheries, Highly Migratory Species Management Division, Silver Spring, MD. Public Document. 1600 p. Watson, J. W., & Kerstetter, D. W. (2006). Pelagic longline fishing gear: a brief history and review of research efforts to improve selectivity. Marine Technology Society Journal, 40(3), 6-11. Zar, J. H. (1996). Biostatistical analysis 3rd edn. Practice Hall, New Jersey, b25.

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Attachments:

This EFP application and proposal has five appendices as attachments:

Appendix I – Maps of the proposed research area

Appendix II – Expected catches

Appendix III – Principal Investigator two-page CV and prior NOAA/NOAA Fisheries Service Grants and Contracts to the Principal Investigator

Appendix IV – NEPA Statement

Appendix V – Potential Day Boat Seafood, Inc. vessels to be included into research project.

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Appendix I – Maps of Proposed Research Areas

Proposed area to conduct research inside the East Florida Coast time-area closure using pelagic longline vessels. Coordinates are provided in text beginning with point number 1 and proceeding clockwise to number 8.

Latitude Longitude Point Degrees Minutes Seconds Degrees Minutes Seconds 1 31° 0' 0" 80° 20' 0" 2 31° 0' 0" 78° 0' 0" 3 28° 0' 0" 79° 23' 37" 4 28° 0' 0" 80° 0' 0" 5 28° 40' 0" 80° 0' 0" 6 28° 40' 0" 80° 10' 0" 7 29° 0' 0" 80° 10' 0" 8 29° 0' 0" 80° 20' 0"

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Proposed area to conduct research inside the East Florida Coast time-area closure using pelagic longline vessels. Diagram from exploratory analyses by M. Lauretta (NOAA) showing the proposed division of the closed area section into two sub-areas at 29°50’ N latitude.

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Appendix II Expected Catches

Results of simple extrapolations for likely catch and bycatch species of interest for the proposed time-area closure research. Extrapolations used the geometric and arithmetic mean CPUEs (catch per 1000 hooks) reported for the closed and open areas of the 2008-2010 pilot program within the East Florida Coast time-area closure (see Kerstetter 2011). These CPUEs were then multiplied by the number of hooks for each of the sub-areas for the research to generate total catches.

For example, the following catch extrapolations were made for dolphinfish (“DOL” abbreviation). In the top grid, effort is calculated as thousands of hooks per each of the three sub-areas. In the middle grid, this effort is multiplied by the respective CPUE for the geometric mean, and in the bottom grid, the effort is multiplied by the respective CPUE for the arithmetic mean.

Catches, given as numbers of individuals, are then summarized by area and ultimately into one year totals. Note that the “retained” term indicates that the individual fish was retained by the vessel for sale, while “discarded” indicates that the individual fish was discarded by the vessel (i.e., regulatory discards based on minimum size and shark-damaged individuals unable to be sold). Bycatch species of either limited or no economic value to the fishery (e.g., lancetfish Alepisaurus sp. and skipjack tuna Katsuwonus pelamis) or listed by IUCN as “least concern” (e.g., pelagic stingray Pteroplatytrygon violacea) were not included in extrapolated catches.

Many species were caught so infrequently during the 2008-2010 pilot project that catch estimates from the CPUEs are likely uninformative. For example, only one bluefin tuna Thunnus thynnus was caught during the prior project, and this individual was caught in the open area. Due to extremely low interaction rates (three loggerhead Caretta caretta and two leatherback Dermochelys coriacea, all five released alive without trailing fishing gear), extrapolated catches of sea turtles were similarly also not conducted, although some limited interactions are probable during the proposed research. Given the lack of catches during the 2008-2010 pilot project, as well as historically low rates of interactions in this geographic region, no catches of seabirds or marine mammals are expected during this proposed research.

One-year estimates of catch and bycatch as individual animals for proposed research within the northern portions of the East Florida Coast (EFC) pelagic longline time-area closure. (Three-year estimates can be derived by multiplying these numbers by three.) “Projected” catches are those under the proposed research plan detailed in the EFP application, while “baseline” refers to the catches that would occur if all the proposed effort within the closure was instead deployed in the currently open waters; thus, the “baseline change” is the change in the number of animals that would be caught under the proposed research versus the current fishery.

Projected (geometric mean); Projected (arithmetic mean); Taxa Species baseline change baseline change Swordfish Swordfish (retained) 8589; +402 18,810; +1892 Swordfish (discarded) 438; +251 6444; +1733 Tunas Bigeye tuna 22; -44 2737; -4493 Yellowfin tuna 0; 0 1794; -2645 Albacore tuna 0; 0 2385; -4649 Blackfin tuna 0; 0 299; -251 Dolphinfish Dolphinfish 0; 0 8042; +4685 Billfishes White marlin 0; 0 171; -113 Sailfish 0; 0 1644; +678 Blue marlin 0; 0 644; -215 Sharks Tiger 0; 0 1450; +490 Silky 0; 0 3074; +2227 Dusky 0; 0 84; +84 Night 0; 0 3309; +3147 Shortfin mako 0; 0 179; +37

Other species likely to be caught in small numbers, and thus not included in these formal catch estimates, include: roundscale spearfish Tetrapturus georgii, longbill spearfish T. pfleugeri, blue shark Prionace glauca, common thresher shark Alopias vulpinus, bigeye thresher shark A. superciliosus, oceanic whitetip shark Carcharhinus longimanus, longfin mako shark Isurus paucus, scalloped hammerhead shark Sphyrna lewini, great hammerhead S. mokarran, and sandbar shark C. plumbeus.

Appendix III – Prior NOAA/NOAA Fisheries Service Grants and Contracts to the Principal Investigator and Principal Investigator 2-page CV

NOAA award number# NA12NMF4330021 Amount: $109,978 Period of Support: Start 1 December 2011, end 30 November 2012 Project Title: Moroccan/U.S. comparative study of buoy gear as an alternative to driftnets. Results Summary: The goal of this project was to introduce the swordfish buoy gear to the former Moroccan swordfish driftnet fishery, and experimentally test the gear as a potential alternative to the use of driftnets; this is essentially a larger, but similar project as the one with Turkey described below. During January 2012, a U.S. scientist and Florida Straits swordfish buoy gear captain traveled to Morocco for one week to introduce local Moroccan captains in Tangier to the gear, as well as to conduct one night of at-sea fishing. Although data (e.g., GPS, and vessel characteristics) were recorded during the one fishing night, no swordfish were caught. Several future trips of extended duration are planned for the rest of the project duration`. [note: ongoing study] Publications resulting from the award: [none]

NOAA award number# NFFKAA10-11-03281 Amount: $59,243 Period of Support: Start 1 April 2011, end 30 November 2011. Project Title: Turkish/U.S. comparative study of buoy gear as an alternative to driftnets. Results Summary: The goal of this project was to introduce the swordfish buoy gear to the former Turkish swordfish driftnet fishery, and experimentally test the gear as a potential alternative to the use of driftnets. The project consisted of two phases. For phase one, Turkish fishery scientist traveled to the United States to undergo first hand training with swordfish buoy gear, as well as bycatch release training. Phase two consisted of fieldwork conducted in Turkey to train local Turkish captains on the gear, test, and evaluate the gear. The U.S. fishery scientists and a commercial swordfish captain traveled to Turkey to train the local fishermen and test the swordfish buoy gear. Catch data, GPS, and vessel characteristics were recorded during the experimentally testing of the gear. There was no sea turtle or marine mammal bycatch documented during the testing of the gear. The catch rates for the swordfish buoy gear was low, however, several environmental and logistical factors potentially affected the effectiveness of the gear and consequently reducing the catch rates. After evaluation, the use of swordfish buoy gear displayed limited success, but under the right circumstances the gear has potential as an alternative for the former driftnet fishery Publications resulting from the award: [none]

NOAA award number# NA10NMF4540100 Amount: $183,768 Period of Support: Start 1 August 2010, end 31 July 2011 (extended until July 2012). Project Title: Post-release survival and habitat utilization of juvenile swordfish in the Florida Straits recreational fishery. Results Summary: This project has the goal of determining the post-release survival rates of juvenile swordfish after being released from the recreational rod-and-reel fishery or buoy fishery in the Florida Straits and the habitat utilization of juvenile swordfish after being released. To date, researchers have participated in thirteen fishing trips aboard recreational fishing vessels exclusively using manual rod-and-reel gear and one fishing trip aboard a buoy fishing vessel exclusively using buoy gear. Most recreational vessels fished 4 to 6 rods per night, with the exception of the one charter boat fishing 11 rods per night. The buoy vessel fished 13 buoys during the trip. Bait was placed at depths varying between 100 and 400 feet. Over the course of the entire

Kerstetter EFC Time-Area Research Proposal 1 project, forty-two trips have been conducted and sixteen tags have been deployed. Seven tags have been deployed on fish caught with the recreational gear. Nine tags have been deployed on fish caught with the buoy gear. There have been thirty-three trips that resulted in catching sharks or no activity. Eight tags were deployed prior to this period, two on rod and reel gear, six on buoy gear. All eight of those tags reported and data has been received. Of the eight tags deployed in this period, 6 have reported and data has been received for five of the tags. For the last tag deployed in this period, we are still waiting on the data. Two tags, both deployed on fish caught with rod and reel, have not reported. [note: ongoing study] Publications resulting from the award: [none]

NOAA award number# 8404-S-006 Amount: $247,538 Period of Support: Start May 2008, end May 2010 (extended until November 2010) Project Title: Evaluation of the effects of circle hooks on catch rates within two pelagic longline time-area closures. Results Summary: A total of 188 pelagic longline sets were conducted within the South Atlantic Bight and Florida East Coast NOAA pelagic statistical areas to evaluate the catches and catch characteristics. A total of over 3200 individual animals was caught, including 1295 swordfish and 717 tunas. For istiophorid billfishes, 75 blue marlin, 22 white marlin, and 136 sailfish were caught, with only 76 combined billfishes discarded dead. Bycatch of sharks was minimal, and the main bycatch elasmobranch species were tiger, silky, and night sharks. The work interacted with only five sea turtles (three leatherback, two loggerhead), all of which were released alive, and no sea birds or marine mammals. While the results suggest that limited pelagic longline operations could occur within these specific regions of the time- area closures, additional highly-monitored research in targeted regions of these time-area closures and clearly defined bycatch limits would be prerequisites to a public reopening of these areas to commercial operations. Publications resulting from the award: [none]

NOAA award number# NA07NMF4540075 Amount: $147,284 Period of Support: Start 1 August 2007, end 1 August 2009 Project Title: Characterization of the catch by swordfish buoy gear in southeast Florida. Results Summary: This project had the goal of characterizing the target catch and bycatch species and disposition within the directed swordfish fishery in southeast Florida that utilizes the so-called “swordfish buoy gear” (SBG). All fieldwork was completed by the end of August 2009 as expected with the “no- cost” extension granted in 2008. The preliminary analyses of the collected data indicate that catch- per-unit-effort (CPUE) for catch and bycatch is much higher for SBG than pelagic longline gear. The fishery encounters very little bycatch, and those animals that are captured by the gear are almost always alive at gear retrieval and subsequent release. This project did not encounter any marine mammals, sea turtles, or sea birds. The descriptions of the behavior of the fishing gear itself, such as effective fishing depths and relationships of effective fishing depths with gear configuration indicate that the gear fishes somewhat shallower than simple additions of the lengths of the gear sections would indicate. Publications resulting from the award: [none]

Kerstetter EFC Time-Area Research Proposal 2

Principal Investigator Two-Page CV

David William Kerstetter

Office: Nova Southeastern University Halmos College of Natural Sciences and Oceanography Ocean Sciences Center Campus, 8000 North Ocean Drive Cell: 804-854-9030 Dania Beach, FL 33004 Office: 954-262-3664 / Fax: 954-262-4020 [email protected] http://www.nova.edu/ocean/overview/faculty-staff-profiles/david_kerstetter.html

EDUCATION

2005 Doctor of Philosophy, Marine Science, Virginia Institute of Marine Science, College of William & Mary 2002 Master of Science, Marine Science, Virginia Institute of Marine Science, College of William & Mary 1998 Master of Public Policy, College of William & Mary 1995 Bachelor of Arts, Political Science, Edinboro University of Pennsylvania

PROFESSIONAL EXPERIENCE

2013-present Assistant Professor Oceanographic Center and Halmos College of Natural Sciences and Oceanography, Nova Southeastern University 2007-2013 Research Scientist, Adjunct Faculty Oceanographic Center, Nova Southeastern University 2005-2007 Post-Doctoral Associate, Rosenstiel School of Marine and Atmospheric Science, University of Miami 2005 Post-Doctoral Associate, Department of Fisheries Science Virginia Institute of Marine Science, College of William & Mary 2000-2005 Research Assistant, Department of Fisheries Science Virginia Institute of Marine Science, College of William & Mary 1999-2000 John A. Knauss Marine Policy Sea Grant Fellow International Fisheries Division, NOAA National Marine Fisheries Service 1996-1999 Research Assistant, Advisory Services Program Virginia Institute of Marine Science, College of William & Mary

(SELECTED) GRANTS AND CONTRACTS: 27 awards and $2.7m+ total

D. Kerstetter. 2013. Continuing evaluation of greenstick gear and swordfish buoy gear effectiveness in the Gulf of Mexico. National Fish and Wildlife Foundation. $344,995. D. Kerstetter. 2011. Evaluating greenstick gear and swordfish buoy gear effectiveness in the Gulf of Mexico. National Fish and Wildlife Foundation/Walton Family Foundation. $479,978. D. Kerstetter. 2011. Turkish/U.S. comparative study of buoy gear as an alternative to driftnets. NOAA/NMFS Office of International Affairs. $59,243. Start 1 April 2011, end 30 November 2011.

Kerstetter EFC Time-Area Research Proposal 3

D. Kerstetter. 2011. Hawaii and Atlantic shark bycatch reduction research. $77,364. New England Aquarium, Consortium for Wildlife Bycatch Reduction. Start 1 February 2011, end 31 December 2011. D. Kerstetter. 2007. Characterization of the catch by swordfish buoy gear in southeast Florida. Cooperative Research Program, NOAA National Marine Fisheries Service. $147,284. Start 1 August 2007, end 1 August 2009. J. Graves and D. Kerstetter. 2003. Description and evaluation of the U.S. commercial fishery interactions between pelagic fishes and longline fishing gear in the Gulf of Mexico, Mid- Atlantic, and Georges Bank. Cooperative Research Program, NOAA National Marine Fisheries Service. $255,598.

(SELECTED) REFEREED PUBLICATIONS: 34 total (* = graduate student)

Dapp, D.R., C. Huveneers, T.I. Walker, J. Mandelman, D.W. Kerstetter, R.D. Reina.. In press. Using logbook data to determine the immediate mortality of sharks caught by commercial longlines. Fishery Bulletin. Lerner, J.D., D.W. Kerstetter, E.D. Prince, A. Mariano, E. Orbesen, D. Snodgrass, L. McManus, G.L. Thomas. 2013. Swordfish (Xiphias gladius) vertical distribution and habitat use in relation to diel and lunar cycles in the western North Atlantic. Transactions of the American Fisheries Society 142: 95-104. Bigelow, K.A., D.W. Kerstetter, M.G. Dancho*, and J.A. Marchetti. 2012. Catch rates with variable strength circle hooks and the potential to reduce false killer whale injury in the Hawaii- based tuna longline fleet. Bulletin of Marine Science 88(3): 425-447. Kerstetter, D.W., S.M. Bayse*, J.L. Fenton*, and J.E. Graves. 2011. Sailfish habitat utilization and vertical movements in the southern Gulf of Mexico and Florida Straits inferred from short- duration pop-off satellite archival tags. Marine and Coastal Fisheries 3:353-365. Afonso, A.S. , F.H.V. Hazin, F. Carvalho, J.C. Pacheco, H. Hazin, D.W. Kerstetter, D. Murie, and G.H. Burgess. 2011. Fishing gear modifications to reduce elasmobranch mortality in pelagic and bottom longline fisheries off Northeast Brazil. Fisheries Research 108: 336-343. Pacheco, J.C., D.W. Kerstetter, F.H. Hazin, H. Hazin, R.S.S.L. Segundo, J.E. Graves, F. Carvalho, and P.E. Travassos. 2011. A comparison of circle hook and J hook performance in a western equatorial Atlantic Ocean pelagic longline fishery. Fisheries Research 107: 39-45. Horodysky, A.Z., R. Latour, D.W. Kerstetter, and J.E. Graves. 2007. Habitat preferences and vertical movements of white marlin (Tetrapturus albidus) tagged with short-duration pop-up archival satellite tags (PSATs) in the western North Atlantic Ocean. Fisheries Oceanography 16(3): 240-256. Kerstetter, D.W. and J.E. Graves. 2006. Effects of circle versus J-style hooks on target and non- target species in a pelagic longline fishery. Fisheries Research 80(3): 239-250.

PROFESSIONAL SERVICE

American Fisheries Society, Certified Fisheries Professional (2008, 2014) 2009-2018 Highly Migratory Species Advisory Panel, NOAA Fisheries, Office of Sustainable Fisheries 2007-present U.S. Advisory Committee, International Commission for the Conservation of Atlantic Tunas, NOAA Fisheries 2005-present Atlantic Pelagic Longline Take Reduction Team, NOAA Fisheries

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Appendix IV – NEPA Statement

NOAA must analyze the potential environmental impacts, as required by the National Environmental Policy Act (NEPA). Consequently, as part of an applicant's package, applicants are required to answer the following questions:

1. Has any National Environmental Policy Act (NEPA) or other environmental compliance documentation (e.g., Endangered Species Act Biological Opinion; Letter of Concurrence or Biological Assessment/Evaluation; Clean Water Act permit; State Historic Preservation Officer consultation; state environmental compliance documentation (mini-NEPA); etc.) been completed? No, although it is unclear that an additional consultation would be required, as one has already been conducted for the U.S. Atlantic pelagic longline fishery as a whole regarding Protected Species interactions (marine mammals, sea turtles, and seabirds).

2. Would the proposed activity or environmental impacts of the activity be subject to public controversy? Possibly. A project comparing catch composition and catch rates within the East Florida Coast and Charleston Bump time-area closures between 2008-2010 generated significant public controversy at the time, although public discussion was minimal upon the presentation of the final results at the Spring 2016 HMS Advisory Panel meeting. Because the proposed activities would occur in areas not targeted by any recreational fisheries, and the results of the prior work did not show any significant istiophorid or sea turtle bycatch, it is uncertain whether this project would encounter significant public controversy. The proposed research would occur in close consultation with the NOAA SEFSC and HMS Management Division staff, with frequent public reporting and presentations on the status of the project by the Principal Investigator at both the spring and fall HMS Advisory Panel meetings.

3. Would the proposed activity have potential environmental impacts that are highly uncertain or involve unique or unknown risks? No. The catches and catch rates for this area have been monitored for decades by NOAA. Duplicate monitoring methods (including a high at-sea fisheries observer coverage rate) and frequent communication between the Principal Investigator and NOAA staff will help ensure that any problems (e.g., and increase in interactions with protected species) or environmental impacts are quickly addressed.

4. Is the proposed activity related to other activities (both NOAA and non-NOAA) that together may cumulatively adversely impact the environment? No.

5. Would the proposed activity involve a non-native species? No.

6. Would the proposed activity occur within a unique geographic area of notable recreational, ecological, scientific, cultural, historical, scenic or aesthetic importance? Yes, potentially. The waters of the Florida Straits, bordered approximately from Key West through West Palm Beach, Florida out to the border of the U.S. Exclusive Economic Zone, particularly from the Middle Keys through Fort Lauderdale, are known nursery grounds for juvenile swordfish. However, all of this proposed research would occur northward of 28°N (approximately Fort Pierce), i.e., outside of the main nursery grounds.

7. Would the proposed activity affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places or cause loss or destruction of significant scientific, cultural, or historical resources? No.

Kerstetter EFC Time-Area Research Proposal 5

8. Would the proposed activity affect public health or safety? No.

9. Would the proposed activity affect directly or indirectly, in an adverse or beneficial manner, any listed endangered, threatened, or otherwise protected species or their critical habitat under federal and state laws including the Endangered Species Act and the Marine Mammal Protection Act? Yes, potentially. The exclusion of pelagic longline effort from the Florida Straits fishing grounds has also resulted in a decrease in the bycatch of sea turtles, although those interactions were historically rare. However, since the participating vessels would otherwise be fishing elsewhere in waters open to the fishery, the effort would simply be a displacement from other areas of historically similar or higher bycatch rates.

Appendix V – Preliminary list of potential vessels.

Vessel Name DO Number Owner LOA GR Tons HP CG FL REG SP RS HI SEAS ALBI 620696 ALBI CIMMERCIAL FISHING LLC 57'8" 70 350 9/30/16 6/30/17 6/30/16 6/30/16 10/16/20 SWORDFIN 1157740 BIG EYE TUNA & SWORDS 42'8" 18 350 11/30/16 6/30/16 6/30/16 6/30/16 N CHRISTOPHER JOE 808436 CHRISTOPHER JOE LLC 49'5" 45 600 6/30/16 6/30/16 6/30/16 6/30/16 11/15/18 BIG B FL5295PN CHRISTOPHER JOE LLC 50'0" 0 450 N 6/30/16 6/30/16 6/30/16 10/30/20 JOSHUA NICOLE 912736 H & S FISHERIES 50'5" 43 800 5/31/16 6/30/16 6/30/16 6/30/17 6/19/18 DAY BOAT ONE 1231553 PALM BEACH FISHERIES 60'3" 57 600 7/31/16 6/30/16 6/30/16 6/30/16 8/8/17 DAY BOAT TOO 644406 PALM BEACH FISHERIES 40'9" 25 420 2/28/17 6/30/16 6/30/16 6/30/16 10/17/19 DAY BOAT III FL6486CH PALM BEACH FISHERIES 38'0" 0 462 N 6/30/16 6/30/16 6/30/17 N SHOOTING STAR 658788 SHOOTING STAR SWORDFISH LLC 73'5" 127 600 9/30/16 6/30/16 6/30/16 6/30/16 9/17/19 ERICA LYNN 611243 STARCHASER INC. 48'7" 30 750 7/31/16 6/30/16 6/30/16 6/30/16 11/15/18 KELLY ANN 633432 F/V KELLY ANN VENTURE LLC 32 6/30/16 6/30/16 PROVIDER 588064 F/V PROVIDERVENTURE LLC 48'4" 63 400 6/30/16 6/30/16 10/28/19 BIGE EYE 828300 BIG EYE VESSELS LLC 57'8" 13 450 4/30/17 N 6/30/16 6/30/16 5/29/20 VITAMIN SEA 628300 HOWIE DOIN COMM FISHING 43'0" 0 250 12/31/16 6/30/16 6/30/16 6/30/16 N BLUE BARON FL7160FY BLUE BARON II LLC 31' 0 250 N 6/30/16 6/30/16 6/30/16 N