Attachment 14 TAB08_A14_Reg32OptionsPaper_06_2018

Regulatory Amendment 32

Yellowtail Snapper

Options Paper

The Council began discussing possible management changes for in 2015, when there was an in-season closure of the commercial sector from October 31 to December 31, 2015. The commercial annual catch limit (ACL) was met, but the recreational sector did not harvest 45% of its ACL in 2015. An amendment (Snapper Amendment 44) was initiated to consider a mechanism to allow quota sharing between the commercial and recreational sectors or reallocating a portion of the total ACL to the commercial sector. The Council also wanted to consider specifying a single acceptable biological catch (ABC) and single ACL for yellowtail snapper in the and the South Atlantic. The fishing year for yellowtail snapper in the South Atlantic for both the commercial and recreational sectors was changed from January-December to August-July, on August 12, 2016 (Regulatory Amendment 25). The commercial sector met its ACL again in 2017 and was closed from June 3 to July 31, 2017. The recreational sector did not harvest 51% of its ACL in 2017. In June 2017 the South Atlantic Council sent a letter to the Gulf Council to obtain input on a possible joint amendment to combine ACLs for yellowtail snapper. The Gulf Council indicated their willingness to work with the South Atlantic on management solutions for yellowtail snapper. During the March 2018 meeting, however, the South Atlantic Council decided to postpone development of Amendment 44 pending expected revisions to recreational landings estimates as a result of changes to the Marine Recreational Information Program (MRIP). However, the Council acknowledged the need for short-term measures to alleviate adverse socio-economic effects from recent in-season closures and the 2017 hurricanes. Hence, the Council is developing Regulatory Amendment 32 to consider modifications to yellowtail snapper accountability measures (AM) to minimize the probability of in-season closures and consequent socio-economic impacts.

Snapper Grouper 1 Regulatory Amendment 32 Options Paper June 2018 Attachment 14 TAB08_A14_Reg32OptionsPaper_06_2018 Draft Purpose and Need Statement Purpose for Action The purpose of this framework amendment is to revise accountability measures to minimize the probability of in-season closures for yellowtail snapper.

Need for Action The need for the amendment is to achieve optimum yield for yellowtail snapper while minimizing, to the extent possible, adverse social and economic effects due to in-season closures.

Background Landings Table 1 and Figure 1 show commercial and recreational landings of yellowtail snapper in the South Atlantic from 2012 through 2017. The total ACL for yellowtail snapper is 3,037,500 lbs ww that is divided into a commercial ACL of 1,596,510 lbs ww (52.56% of the total ACL) and a recreational ACL of 1,440,990 lbs ww (47.44% of the total ACL).

Table 1. Commercial and recreational landings (lbs ww) of yellowtail snapper in the South Atlantic from 2012 through 2017. Rec. Com. Total Total ACL % Total % Rec. % Com. Year Landings Landings Landings (lbs ww) ACL ACL ACL (lbs ww) (lbs ww) (lbs ww) 2012 493,409 1,439,586 1,932,995 2,627,796 74% 48% 90% 2013 666,027 1,328,931 1,994,958 3,037,500 66% 46% 83% 2014 933,760 1,575,956 2,509,716 3,037,500 83% 65% 99% 2015 791,157 1,691,807 2,482,964 3,037,500 82% 55% 106% a 2016/17* 672,650 1,757,250 2,429,900 3,037,500 80% 47% 110% b Source: SEFSC Commercial and Recreational ACL datasets. Recreational data was post-stratified to include Monroe County landings in South Atlantic landings. *The fishing season for yellowtail snapper was modified in Regulatory Amendment 25, which took effect on August 12, 2016. For this reason, 2016/2017 fishing season landings are provided. Landings provided in the table are preliminary. When accessed for this report, commercial landings for 2017 were not available, and ACL monitoring data last updated 2/25/2018 was used. aIn-season closure for commercial sector from October 31, 2015 to December 31, 2015. bIn-season closure for commercial sector from June 3, 2017 to July 31, 2017.

Snapper Grouper 2 Regulatory Amendment 32 Options Paper June 2018 Attachment 14 TAB08_A14_Reg32OptionsPaper_06_2018

3,500,000

3,000,000

2,500,000 Recreational 2,000,000 Landings Commercial 1,500,000 Landings 1,000,000 Total Landings

Landings (lbs ww) 500,000

0

Year Figure 1. Commercial and recreational landings (lbs ww) of yellowtail snapper in the South Atlantic, 2005- 2017.

Stock status Yellowtail snapper are assessed as a single stock but are managed separately by the South Atlantic and Gulf Councils. The South Atlantic and Gulf of Mexico regions are combined for the assessment, and the resulting ABC is divided with 75% of the ABC assigned to the South Atlantic jurisdiction and 25% to the Gulf of Mexico jurisdiction. Currently, the stock ABC is 2.9 million pounds, with 0.725 million pounds (25% of ABC) going to the Gulf of Mexico. This value is currently being used for the Gulf of Mexico yellowtail snapper stock ACL.

In 2012, the and Wildlife Research Institute (FWRI) conducted a yellowtail snapper benchmark stock assessment (O’Hop et al. 2012). The assessment was conducted with a statistical catch-at-age model (ASAP2). Fishery-dependent data included commercial logbooks, Marine Recreational Fishery Statistics Survey (MRFSS), and the headboat survey. The MRFSS data were used rather than the new Marine Recreational Information Program (MRIP) data to maintain consistency with older data that has not yet been converted from MRFSS to MRIP. Fishery-independent data came from the NMFS/University of Miami Reef Visual Census. Results from the assessment indicate that, as of 2010, the yellowtail snapper stock is neither overfished nor experiencing .

Because the yellowtail snapper stock assessment straddled the jurisdictions of the Gulf and South Atlantic Councils, the assessment was reviewed in October 2012 by a joint meeting of the South Atlantic Council’s SSC and the Gulf Council’s Standing and Special Reef Fish SSC. The joint SSC established OFL at the equilibrium MSY yield is 4.61 million pounds (mp) total removals (landings plus dead discards), or 4.51 mp in landings. Using the Gulf and South Atlantic Councils ABC control rules resulted in an ABC of 4.13 mp total removals, or 4.05 mp in

Snapper Grouper 3 Regulatory Amendment 32 Options Paper June 2018 Attachment 14 TAB08_A14_Reg32OptionsPaper_06_2018 landings. When divided between the South Atlantic and Gulf of Mexico jurisdictions, the resulting regional ABCs recommended by the joint SSC in terms of landed catch were South Atlantic: 3.0375 mp ww and Gulf of Mexico: 1.0125 mp ww.

The next stock assessment for yellowtail snapper is expected to start in 2018 and be completed by the spring of 2019.

Allocations The South Atlantic and Gulf of Mexico Councils established a jurisdictional allocation based on the Florida Keys (Monroe County) jurisdictional boundary between the Gulf of Mexico and South Atlantic regions for yellowtail snapper acceptable biological catch (ABC) based on the following method:

South Atlantic = 75% of ABC and Gulf of Mexico = 25% of ABC

This was established by using 50% of average landings from 1993-2008 + 50% of average landings from 2006-2008. The jurisdictional allocation method was set in the South Atlantic Council’s Comprehensive Annual Catch Limit (ACL) Amendment in 2011.

The South Atlantic Council set the yellowtail snapper sector allocations using the following method:

Sector allocation = (0.5 * catch history) + (0.5 * current trend)

Whereby, the catch history = average landings 1986-2008 and the current trend = average landings 2006-2008. The commercial and recreational allocations specified and resulting sector ALCs will remain in effect until modified. The sector allocation method was set in the South Atlantic Council’s Comprehensive Annual Catch Limit (ACL) Amendment in 2011.

Snapper Grouper 4 Regulatory Amendment 32 Options Paper June 2018 Attachment 14 TAB08_A14_Reg32OptionsPaper_06_2018 Options for Actions and Alternatives

Action 1. Revise the In-season Accountability Measures for Yellowtail Snapper

Alternative 1 (No Action). The current commercial and recreational in-season accountability measures are to close the respective sector if that sector’s annual catch limit is met or is projected to be met.

Alternative 2. An in-season closure will not occur for either sector until the total annual catch limit is met or is projected to be met. Close both sectors when the total annual catch limit is met or is projected to be met.

Action 2. Revise the Post-season Accountability Measures for Yellowtail Snapper

Sub-Action 2.1. Post-season accountability measures for the commercial sector

Alternative 1 (No Action). The current commercial post-season accountability measure is to reduce the commercial annual catch limit by the amount of the commercial overage in the following fishing year only if the is overfished and the total annual catch limit is exceeded. There is no commercial trip limit for yellowtail snapper.

Alternative 2. If the commercial landings are estimated by the Science and Research Director to have exceeded the commercial annual catch limit in the previous fishing year, the Acting Administrator will file a notification with the Office of the Federal Register, at or near the beginning of the following fishing year, to reduce the commercial annual catch limit by the amount of the overage to prevent the commercial sector’s annual catch limit from being exceeded. The reduction in commercial annual catch limit would occur if, based on the most recent Status of U.S. Fisheries Report to Congress, the stock is determined to be: Sub-alternative 2a. undergoing overfishing Sub-alternative 2b. overfished Sub-alternative 2c. regardless of stock status

Alternative 3. If the commercial landings are estimated by the Science and Research Director to have exceeded the commercial annual catch limit in the previous fishing year, implement a trip limit for the commercial sector the following fishing year by the amount estimated to prevent the commercial annual catch limit from being exceeded. Range of sub-alternatives to be developed

Snapper Grouper 5 Regulatory Amendment 32 Options Paper June 2018 Attachment 14 TAB08_A14_Reg32OptionsPaper_06_2018 Sub-Action 2.2. Post-season accountability measures for the recreational sector

Alternative 1 (No Action). The current recreational post-season accountability measure is a shortening of the recreational season which may be triggered in the following fishing year if the recreational annual catch limit is exceeded, but only after recreational landings have be monitored for persistence in increased landings. The length of the recreational season is not reduced if the Regional Administrator determines the best available science shows it is not necessary. If a reduction is necessary, the recreational season may be shortened and the recreational annual catch limit reduced in the following fishing year by the amount of the recreational overage only if the species is overfished and the total annual catch limit is exceeded. Yellowtail snapper are included in the 10-snapper recreational aggregate bag limit.

Alternative 2. If the recreational landings are estimated by the Science and Research Director to have exceeded the recreational annual catch limit in the previous fishing year, the Acting Administrator will file a notification with the Office of the Federal Register, at or near the beginning of the following fishing year, to reduce the recreational annual catch limit by the amount of the overage to prevent the recreational sector’s annual catch limit from being exceeded. The reduction in recreational annual catch limit would occur if, based on the most recent Status of U.S. Fisheries Report to Congress, the stock is determined to be: Sub-alternative 2a. undergoing overfishing Sub-alternative 2b. overfished Sub-alternative 2c. regardless of stock status

Alternative 3. If the recreational landings are estimated by the Science and Research Director to have exceeded the recreational annual catch limit in the previous fishing year, implement a bag limit reduction for the recreational sector the following fishing year, if applicable, by the amount estimated to prevent the recreational annual catch limit from being exceeded. Range of sub-alternatives to be developed

Requested Guidance/Items to Consider:  Clarify whether changes are sought for post-season AMs or not. Also, post-season AMs are not tirggered unless species is overfished. Does the Council wish to retain “but only after recreational landings have to be monitored for persistence in increased landings” in current post-season recreational AM? Need Council guidance on this prerequisite.

 Comprehensive Recreational AMs Amendment is being developed to modify recreational AMs for Council-managed species.

 Yellowtail snapper are currently included in the 10-snapper aggregate. Need clairification on whether the Council would seek to establish a bag limit within the aggregate. Pending MRIP revisions may delay necessary analyses.

 Provide guidance on actions/alternatives to develop further.

 Provide guidance on timing of amendment. If appropriate, approve for scoping.

Snapper Grouper 6 Regulatory Amendment 32 Options Paper June 2018 Attachment 14 TAB08_A14_Reg32OptionsPaper_06_2018

Appendix. Accountability Measures from Gulf and Caribbean FMPs

The following alternatives do not fit under the above structure of Actions and Sub-Actions as recommended by the IPT, especially if Alternative 2 under Action 1 is selected as a preferred alternative. They are presented here as a reference at the Committee’s request.

From the Gulf generic ACL/AM amendment:

Alternative x. Implement the Gulf of Mexico AM in the South Atlantic region. If the sum of the commercial and recreational landings, as estimated by the Science and Research Director (SRD), exceeds the stock ACL, then during the following fishing year, if the sum of commercial and recreational landings reaches or is projected to reach the stock ACL, the Assistant Administrator (AA) will file a notification with the Office of the Federal Register to close the commercial and recreational sectors for the remainder of that fishing year.

Discussion: “If the sum of the commercial and recreational landings, as estimated by the SRD, exceeds the stock ACL, then during the following fishing year, if the sum of commercial and recreational landings reaches or is projected to reach the stock ACL, the AA will file a notification with the Office of the Federal Register to close the commercial and recreational sectors for the remainder of that fishing year. The stock ACL for yellowtail snapper is 901,125 lb (408,743 kg), round weight.” The Gulf generic ACL/AM amendment implemented this for YS: Action 8, Preferred Alt. 4, Preferred options “a” and “d”. The rationale was that YS in the Gulf is not overfished and not undergoing overfishing.

From Regulatory Amendment 6 to the Caribbean Reef Fish FMP:

ACTION: Revise the trigger for implementing accountability measure (AM)-based fishing season reductions for Caribbean Fishery Management Council (Council)-managed reef fish stocks in the Puerto Rico exclusive economic zone (EEZ), while retaining all other provisions governing implementation of AMs, as described in the 2010 and 2011 Caribbean Annual Catch Limit (ACL) Amendments (CFMC 2011a, b).

Alternative 1: No action. The AM for a stock or stock complex would be triggered for the recreational or sector, if that sector’s applicable ACL for the stock/complex is exceeded.

Discussion: From Final Rule for Caribbean Reg. Am. 6.“The current AMs in the EEZ off Puerto Rico, applicable to Council-managed reef fish species or species groups, require NMFS to reduce the length of the Federal fishing season in the fishing year following a determination that landings for a species or species group exceeded the applicable sector annual catch limit (ACL). As specified in the FMP, the landings determination is based on the applicable 3-year landings average. Currently, an AM-based closure is triggered and applied when the sector ACL is

Snapper Grouper 7 Regulatory Amendment 32 Options Paper June 2018 Attachment 14 TAB08_A14_Reg32OptionsPaper_06_2018 exceeded, even if the total ACL (i.e., combined commercial and recreational ACLs) for a species or species group is not exceeded. For all Council-managed reef fish species or species groups, the total ACL equals the annual estimate of OY and is set at a level that is considered to be sustainable for the species or species group.”

Alternative 2 (Preferred): The AM for a stock or stock complex would be triggered for the recreational or commercial fishing sector, if that sector’s applicable ACL for a stock/complex is exceeded and the total ACL (i.e., combined recreational and commercial ACLs) for that stock/complex is exceeded.

Discussion: Preferred Alternative 2 proposes triggering the AM for a stock or stock complex only following a determination that both the sector-specific ACL and the total ACL were exceeded. If the total ACL was exceeded, then the AM would be applied to the sector (or sectors, if both exceeded their assigned ACL) that experienced the overage. The length of the AM-based fishing season reduction would continue to reflect the extent to which the ACL was exceeded for the sector that experienced the overage. Any required sector-specific AM-based closure would continue to be calculated and applied in the same manner as for Alternative 1. Additionally, in the event that a sector-specific ACL is exceeded more than once in four years, the Council would still be required to reevaluate its system of AMs and ACLs. From Final Rule for Caribbean Reg. Am. 6. for Caribbean Reg. Am. 6. "This final rule revises the trigger for implementing AM-based fishing season reductions for all reef fish species or species groups managed by the Council in the EEZ off Puerto Rico. Specifically, an AM-based closure will be triggered only when both the applicable sector (recreational or commercial) ACL and the total ACL for a species or species group are exceeded. If both the sector ACL and the total ACL are exceeded, the AM will be applied to the sector or sectors that experienced the overage. The duration of any implemented AMbased closure will continue to be based on the extent to which the applicable sector ACL was exceeded and will be calculated and applied using the current practices and methods. However, consistent with the current regulations, if NMFS determines that either the sector or total ACL was exceeded because of enhanced data collection and monitoring efforts, instead of an increase in catch, NMFS will not reduce the length of the fishing season."

Alternative 3: The AM for a stock or stock complex would be triggered for the recreational or commercial fishing sector, if that sector’s applicable ACL for the stock/complex is exceeded and the total ACL (i.e., combined recreational and commercial ACLs) for that stock/complex is exceeded. If the sector-specific ACL is exceeded, but the total ACL for the stock or stock complex is not exceeded, the AM would not be triggered except if, based on the most recent Status of U.S. Fisheries Report to Congress, the stock/complex is determined to be: Sub-alternative 3a. undergoing overfishing Sub-alternative 3b. overfished

Snapper Grouper 8 Regulatory Amendment 32 Options Paper June 2018