Agenda Item F.3.b Supplemental Public Comment 2 Full Version ELECTRONIC Only March 2016 February 25, 2016 Dorothy Lowman, Chair Pacific Fishery Management Council 1100 NE Ambassador Place, #101 Portland, Oregon 97220 RE Agenda Item G.2: Swordfish Management Policy Connections; authorization of deep set buoy gear Dear Chair Lowman and Council Members: We understand that the Council is now considering transitioning buoy gear from an experimental gear to a federally authorized gear under the Highly Migratory Species Fishery Management Plan. We are writing to ask the Council to make authorization of buoy gear a high priority and initiate this process early in 2016, so that West Coast fishermen can start fishing with buoy gear as soon as possible. As an organization that works to create a more knowledgeable constituency for ocean conservation and assesses the sustainability of seafood species, we are always thrilled to hear of innovative ideas that could improve the way we fish. This is why we are so excited about deep-set buoy gear. We believe that buoy gear is a viable alternative to the currently used drift gillnets in the U.S. West Coast swordfish fishery, and could help make the fishery more sustainable. Experiments conducted with buoy gear off the West Coast have found that this fishing method catches high numbers of marketable swordfish and minimal amounts of non-target species, like sea turtles, whales, and bluefin tuna. This fishing method also results in a higher quality swordfish product, similar to harpoon-caught swordfish; this means fishermen get a higher price for their catch and consumers get a tastier product. The “green-rated” buoy gear fishery for swordfish off the U.S. East Coast has benefited both ocean wildlife and fishermen. We believe it is time to bring this success story to the West Coast. Thank you for your time and consideration. Sincerely, Carl Safina, PhD Founding President, The Safina Center Endowed Research Professor, Stony Brook University Elizabeth Brown-Hornstein Research Scientist and Sustainable Seafood Program Director, The Safina Center A Voice For Nature The Safina Center (formerly Blue Ocean Institute) • 80 North Country Road • Setauket, NY 11773 631 675 1984 • www.SafinaCenter.org • [email protected] February 26, 2016 Ms. Dorothy Lowman, Chair Pacific Fishery Management Council 7700 NE Ambassador Place, Suite 101 Portland, OR 97220 RE: Agenda Item F.3 – Deep-set buoy gear amendment scoping Dear Chair Lowman and Members of the Council: We appreciate the Council’s recognition that deep-set buoy gear (DSBG) may be “an economically viable low / no bycatch gear for catching swordfish.”1 What is more, we agree with and support the Council’s November 2015 decision to focus 2016 efforts on the rapid authorization of a responsible deep-set buoy gear swordfish fishery and to postpone discussion of West Coast-based pelagic longline fishery on the high seas.2 We continue to view drift gillnets (DGN) as an unacceptable fishing method for catching swordfish due to the high rates of fish discards and the bycatch of marine wildlife inherent to the West Coast drift gillnet fishery. Conversely, based on the comparative analysis of commercial swordfish fishing gears contained in our November 4, 2015 report, “Providing Domestically Caught U.S. West Coast Swordfish: How to Achieve Environmental Sustainability and Economic Profitability”,3 and the results of recent Exempted Fishing Permits, deep-set buoy gear has emerged as a proven method to profitably catch swordfish while minimizing bycatch. A West Coast deep-set buoy gear swordfish fishery has real potential to provide equal or greater swordfish landings than the DGN fleet. If done deliberately and thoughtfully, the Council has the opportunity to bring DSBG online for the 2017 fishing season and promote a voluntary transition away from drift gillnet fishing gear. We request the Council move forward 1 PFMC 2015. November 2015 Council Meeting Decision Summary Document, at 3. Available at: http://www.pcouncil.org/wp-content/uploads/2015/11/1115decisions.pdf 2 Id. 3 PFMC November 2015 Meeting Agenda Item G.2.b Swordfish Fishery Management Policy Connections - Supplemental Public Comment 3. Powerpoint and Report available at: http://www.pcouncil.org/wp- content/uploads/2015/11/G2b_Sup_Public_Comment3_ELECTRONIC_ONLY_Nov2015BB.pdf Ms. Dorothy Lowman, PFMC Deep-set buoy gear scoping Page 2 of 5 with DSBG authorization by completing scoping at this meeting and follow the NMFS-suggested schedule4 whereby a Final Preferred Alternative would be adopted in March 2017. Purpose and Need Consistent with the NMFS Report5, we agree that the Council’s Purpose and Need for this action should meet the goals of reducing protected species bycatch, reducing unmarketable finfish catch, and supporting an economically viable West Coast swordfish fishery. To accomplish these goals, the initial authorization of DSBG should focus on the objective of transitioning current DGN permit holders to DSBG, thus reducing and phasing out the use of DGN while maintaining and increasing swordfish landings. With proper incentives, this can be done in such a way that current DGN permit holders can voluntarily exchange their DGN permits for equally (if not more) valuable DSBG permits. Scope of the Action The scope of the Highly Migratory Species Fishery Management Plan (HMS FMP) amendment authorizing and permitting DSBG should include the following elements: 1. Establishment of a clear gear deep-set buoy gear definition Given the success of the current Exempted Fishing Permit (EFP) conducted in 2015 by the Pfleger Institute of Environmental Research, we urge the Council to base the gear definition, characteristics, and tending requirements equivalent to those included in that EFP. In particular, these should include a limit of 10 buoys per vessel and active tending of gear. 2. Time/Area Management The high selectivity demonstrated by DSBG to date may obviate the need for time and area closures like the Pacific Leatherback Conservation Area and Pacific Loggerhead Conservation Area that apply to the DGN fishery. Time and area management, however, should be in the scope of issues to discuss. This gear should not be used in state marine reserves and there may be other time and area considerations that arise during the course of this action. 3. Monitoring requirements 4 Agenda Item F.3.a NMFS Report: http://www.pcouncil.org/wp- content/uploads/2016/02/F3a_NMFS_Rpt_DSBG_AmendmentScoping_MAR2016BB.pdf 5 Agenda Item F.3.a NMFS Report: http://www.pcouncil.org/wp- content/uploads/2016/02/F3a_NMFS_Rpt_DSBG_AmendmentScoping_MAR2016BB.pdf Ms. Dorothy Lowman, PFMC Deep-set buoy gear scoping Page 3 of 5 Given very low bycatch levels and rates and no endangered species interactions, there may not be need for extensive observer coverage. The purposes of monitoring the fishery as it first develops should therefore be to confirm that bycatch rates remain low and improve long-term accurate and precise bycatch estimates. Since observer coverage is costly, we suggest that the Council and NMFS first develop a pilot observer program covering the initial years of the fishery. The need for human observers may decrease over time provided bycatch remains minimal. Ultimately the pilot observer program may switch from human to electronic monitoring. However, if new, unanticipated bycatch concerns emerge, this should trigger a reconsideration of the appropriate monitoring regime. 4. Establish a limited entry DSBG permitting program with a voluntary DGN permit transfer option The authorization of deep-set buoy gear provides the Council with an opportunity to further reduce DGN fishing effort, and thus the associated bycatch, while maintaining if not increasing West Coast swordfish landings. This amendment process to authorize and establish a new DSBG fishery should be designed to facilitate the transfer of DGN gear to DSBG by providing financial compensation and opportunity to DGN fishermen who are willing to transfer their DGN permit in exchange for a specified number of DSBG permit(s). Given the demonstrated profitability of DSBG and ability to access areas off limits to DGN gear, DSBG permits will be valuable. We suggest that the initial allocation of limited entry DSBG permits be made specific to those DGN fishermen willing to make the exchange. This is important as it provides an incentive for gear conversion that would not otherwise be there if permits are broadly issued. If the initial DSBG permits are offered exclusively to DGN permit holders who are willing to voluntarily transfer their DGN permit, this could be a strong incentive for fishermen to switch to a cleaner fishing method. We are confident that there would be significant interest. Such a program would involve several considerations. The Council would need to determine how many DSBG permits to offer in exchange for a DGN permit. Also, consideration should be given to distinguishing between active and latent DGN permit holders. This could be based on, for example, the June 2014 control date recently set by the Council (or based on a new control date). Under such a scenario, active DGN permit holders could receive a greater number of DSBG permits than latent permit holders. Importantly, each vessel should only be able to fish one permit at a time, and any additional DSBG permits could be leased or sold to other fishermen. As such, the ability to lease or sell additional permits would enable willing Ms. Dorothy Lowman, PFMC Deep-set buoy gear scoping Page 4 of 5 fishermen to recover the value of their new gear and cover transition costs. It would also allow non-DGN permit holders the opportunity to enter the DSBG fishery. Furthermore, since all remaining DGN permits are issued by the State of California, there will need to be consideration for how a permit transfer option would work such that the surrendering of the state-issued DGN permits would qualify fishermen to receive federal DSBG permits.