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Overfishing Definitions, and Bycatch

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Overfishing Definitions, and Bycatch WESTERN PACIFIC REGIONAL FISHERY MANAGEMENT COUNCIL MAGNUSON-STEVENS ACT DEFINITIONS AND REQUIRED PROVISIONS OVERFISHING PROVISIONS Amendment 6 (Supplement) to the Fishery Management Plan for the Bottomfish and Seamount Groundfish Fisheries of the Western Pacific Region Amendment 8 (Supplement) to the Fishery Management Plan for the Pelagic Fisheries of the Western Pacific Region Amendment 10 (Supplement) to the Fishery Management Plan for the Crustaceans Fisheries of the Western Pacific Region Including an Environmental Assessment December 20, 2002 Western Pacific Regional Fishery Management Council 1164 Bishop St., Suite 1400 Honolulu, Hawaii 96813 Telephone (808) 522-8220 Fax (808) 522-8226 Cover Sheet i Summary On October 11, 1996 the Magnuson-Stevens Fishery Conservation and Management Act (MSA) was re-authorized and amended by the Sustainable Fisheries Act (SFA). As a result, the MSA contains new requirements, making it necessary for Fishery Councils to amend all of their existing Fishery Management Plans (FMP) to incorporate these requirements. The Western Pacific Fishery Management Council (Council) developed amendments to its four FMPs to address these requirements, which were published in September 1998 and submitted to the National Marine Fisheries Service (NMFS) for review and approval. NMFS only partially approved the amendments, as described in a Federal Register notification published on April 19, 1999 (64 FR 19067). Among other elements, the overfishing provisions (those required under Section 303(a)(10) and related sections of the MSA, as amended by the SFA) in Amendment 6 to the Bottomfish FMP, Amendment 8 to the Pelagics FMP, and Amendment 10 to the Crustaceans FMP were disapproved. These FMP amendments supplement those partially approved amendments by providing new specifications of overfishing criteria. The new criteria address NMFS’ concerns that the previously specified criteria using spawning potential ratio (SPR) as a proxy for maximum sustainable yield (MSY) were not appropriate because they do not provide a measure of stock biomass, as required by the MSA. In addition, the original amendments did not adequately describe control rules that would trigger Council action based on the status of these fisheries. Biological and fishery data are poor for all species and island areas covered by the Bottomfish FMP. Given these limitations, MSY-based control rules and overfishing thresholds are specified for multi-species stock complexes. Stock status determination criteria, including a maximum fishing mortality threshold (MFMT) and a minimum stock size threshold (MSST), are specified for the stock complexes based on recommendations in the NMFS technical guidance for implementing National Standard 1. Standardized values of catch per unit effort and fishing effort will be used as proxies for stock biomass and fishing mortality, respectively. In addition to the overfishing thresholds, secondary reference points and control rules designed to prevent recruitment overfishing will be applied to individual species where possible. A process is established for making stock status determinations. The Bottomfish FMP includes a number of measures that serve to prevent overfishing and keep stocks from becoming overfished, including a moratorium on the harvest of armorhead in the seamount groundfish fishery, prohibitions on the use of destructive fishing methods, and limited access programs in the two NWHI management zones that serve to limit fishing mortality. Additional measures that will be considered if the control rules call for remedial action include additional area closures, seasonal closures, a reduction in the number of available permits in the NWHI limited entry fisheries, the establishment of limited entry systems in other areas, limits on catch per trip, limits on effort per trip, and fleet-wide limits on catch or effort. Many of the pelagic species have enough data to be treated individually. Stock-wide relative mortality rates and relative biomass can be estimated for these “data-moderate” stocks. Stock status determination criteria, including MFMT and MSST, are specified for these stocks based on recommendations in the NMFS technical guidance for implementing National Standard 1. Species that are data-poor will be treated as part of multi-species stock complexes. A process is iii established for making stock status determinations. The trans-boundary nature of the pelagic stocks makes management difficult, as stock-wide fishing mortality cannot be sufficiently controlled through action solely within Council jurisdiction. Such control will require participation by the Council and NMFS in regional management frameworks. The Pelagics FMP includes a number of measures that serve to prevent local overfishing and keep stocks from becoming locally overfished, including a limited access program for the Hawaii-based longline fishery, a prohibition on the use of drift gillnets, the recent closure of the swordfish-directed longline fishery, prohibitions on shark finning, and several longline area closures. The Council will continue to consider adjustments to these measures and additional measures in order to achieve localized objectives. The major crustacean fishery targets several lobster species in the NWHI. Until the fishery was closed in 2000, it had been operating under a seasonal harvest guideline specified at 13% of the exploitable stock. Stock status determination criteria, including MFMT and MSST, are specified for the NWHI lobster stocks based in part on recommendations in the NMFS technical guidance for implementing National Standard 1. Target and rebuilding control rules and reference points are also specified, using the same risk-based approach used in the existing constant harvest rate policy, which sets the harvest rate such that there is a 10% risk of overfishing. A process is established for making stock status determinations. The Crustaceans FMP includes a number of measures that serve to prevent overfishing and keep stocks from becoming overfished, including gear design restrictions, catch report requirements, a limited access program for the NWHI, a maximum limit on the number of traps per vessel, a six-month closed season, area closures encompassing about 16% of NWHI lobster habitat, and annual bank-specific maximum harvest guidelines for the NWHI based on a constant harvest rate strategy. The primary management action that would be considered if the control rules call for remedial action are adjustments to the harvest rate. Other possible actions would include additional area closures, adjustments to the NWHI seasonal closure, and full-year closures. The NWHI lobster fishery has been closed since 2000, when uncertainty in the status of the stocks and the models used to assess the stocks led to an emergency closure. The future of the fishery is also uncertain because of the implications of the NWHI Coral Reef Ecosystem Reserve, which appears to preclude lobster fishing in the NWHI. iv Table of Contents COVER SHEET ...................................................................................................................... I SUMMARY ....................................................................................................................III TABLE OF CONTENTS.................................................................................................................... V LIST OF TABLES AND FIGURES .................................................................................................... V 1. INTRODUCTION .....................................................................................................................1 1.1 Responsible agencies........................................................................................................ 1 1.2 Public review process and schedule ................................................................................. 1 1.3 List of preparers................................................................................................................ 2 2. EXISTING MANAGEMENT MEASURES ...................................................................................2 2.1 Bottomfish and Seamount Groundfish FMP .................................................................... 2 2.2 Pelagics FMP.................................................................................................................... 4 2.3 Crustaceans FMP.............................................................................................................. 9 3. PURPOSE AND NEED FOR ACTION .......................................................................................12 3.1 Background: National Standard 1 .................................................................................. 14 3.1.1 MSY Control Rule and Stock Status Determination Criteria ............................... 16 3.1.2 Target Control Rule and Reference Points ........................................................... 17 3.1.3 Rebuilding Control Rule and Reference Points .................................................... 18 3.1.4 Stock Status Determination Process ..................................................................... 19 3.1.5 Measures to Prevent Overfishing and Overfished Stocks..................................... 19 4. MANAGEMENT ALTERNATIVES ...........................................................................................19 4.1 Bottomfish and Seamount Groundfish FMP .................................................................
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