Final Environmental Impact Statement For The Generic Essential Fish Habitat Amendment to: SPINY LOBSTER FISHERY MANAGEMENT PLAN QUEEN CONCH FISHERY MANAGEMENT PLAN REEF FISH FISHERY MANAGEMENT PLAN CORAL FISHERY MANAGEMENT PLAN FOR THE U.S. CARIBBEAN VOLUME 1: TEXT March 2004 Caribbean Fishery Management Council 268 Muñoz Rivera Avenue, Suite 1108 San Juan, Puerto Rico 00918-1920 Tel.: (787) 766-5926 Fax: (787) 766-6239 This is a publication of the Caribbean Fishery Management Council pursuant to National Oceanic and Atmospheric Administration Award No. NA17FC1051. COVER SHEET Environmental Impact Statement for the Generic Essential Fish Habitat Amendment to the fishery management plans of the US Caribbean Draft ( ) Final (X) Type of Action: Administrative (X) Legislative ( ) Area of Potential Impact: Areas of tidally influenced waters and substrates of the Caribbean Sea and its estuaries in the U.S. Virgin Islands and Puerto Rico extending out to the limit of the U.S. Exclusive Economic Zone (EEZ). Agency: HQ Contact: Region Contacts: U.S. Department of Commerce Steve Kokkinakis David Dale NOAA Fisheries NOAA-Strategic Planning (N/SP) (727)570-5317 Southeast Region Building SSMC3, Rm. 15532 David Keys 9721 Executive Center Dr. N 1315 East-West Highway (727)570-5301 Suite 201 Silver Spring, MD 20910-3282 St. Petersburg, FL 33702 ABSTRACT This Final Environmental Impact Statement (EIS) analyzes within each fishery in the US Caribbean a range of potential alternatives to: (1) describe and identify Essential Fish Habitat (EFH) for the fishery, (2) identify other actions to encourage the conservation and enhancement such EFH, and (3) identify measures to minimize to the extent practicable the adverse effects of fishing on such EFH. The EIS contains the scientific methodology and data used in the analyses, background information on the physical, biological, human, and administrative environments, and a description of the fishing and non-fishing threats to EFH. Additional copies of this FEIS may be obtained by contacting the Regional Contacts (above) or at the address below. Roy E. Crabtree, Ph.D. Regional Administrator NOAA Fisheries Southeast Region 9721 Executive Center Drive North St. Petersburg, Florida 33702-2432 ACRONYMS/ABBREVIATIONS ABC Acceptable Biological Catch AFS American Fisheries Society ALARM Automated Landings Assessment for Responsive Management AP Advisory Panel ASAP Age Structured Assessment Program ATCA Atlantic Tuna Convention Act BRD bycatch reduction device CFMC Caribbean Fishery Management Council CMC Center for Marine Conservation (now Ocean Conservancy) ComFIN Commercial Fisheries Information Network Council Caribbean Fishery Management Council CPUE catch per unit effort CZMA Coastal Zone Management Act DEIS Draft Environmental Impact Statement DNER Department of Natural and Environmental Resources DOC U. S. Department of Commerce DOI Department of Interior EA Environmental Assessment EEC European Economic Community EEZ Exclusive Economic Zone EFH Essential Fish Habitat EIS Environmental Impact Statement E.O. Executive Order EPA Environmental Protection Agency ESA Endangered Species Act F instantaneous fishing mortality rate FACA Federal Advisory Committee Act FCZ fishery conservation zone (is now called EEZ) FERC Federal Energy Regulatory Commission FL fork length FAO Food and Agriculture Organization FMP fishery management plan GIS Geographical Information System GLM general linear model GMFMC Gulf of Mexico Fishery Management Council GPS Global Positioning System GSA General Services Administration GSMFC Gulf States Marine Fisheries Commission HAP Habitat Advisory Panel HAPC Habitat Areas of Particular Concern HMS Highly Migratory Species HRP Habitat Research Plan HSI Habitat Suitability Index Final EIS Essential Fish Habitat for the US Caribbean FMPs Page i HSM Habitat Suitability Model ICCAT International Commission on Conservation of Atlantic Tunas IFQ Individual Fishing Quotas IVR Inter-active Voice Recognition IRFA initial regulatory flexibility analysis ITQ individual transferable quota LEAP Law Enforcement Advisory Panel m Meter M instantaneous natural mortality rate MAFAC Marine Fisheries Advisory Committee MAFMC Mid-Atlantic Fishery Management Council MARFIN Marine Fisheries Initiative MCD Marine Conservation District MFMT Maximum Fishing Mortality Threshold MMS Minerals Management Service MP million pounds MRFSS Marine Recreational Fishery Statistics Survey M-S Act Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) MSST Minimum Stock Size Threshold MSY maximum sustainable yield MYPR maximum yield per recruit NEPA National Environmental Policy Act NGDC National Geophysical Data Center NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration NOS National Ocean Service NPDES National Pollutant Discharge Elimination System OC Ocean Conservancy (formerly CMC) OMB Office of Management and Budget OY Optimum Yield ppt parts per thousand (salinity) RA Regional Administrator of NMFS RecFIN Recreational Fisheries Information Network RFA Regulatory Flexibility Act RIR Regulatory Impact Review RSW Refrigerated sea water system SAFE Stock Assessment and Fishery Evaluation report SAFMC South Atlantic Fishery Management Council SAP Stock Assessment Panel SASI Save America’s Seafood Industry SAV Submerged Aquatic Vegetation SBA Small Business Administration SCRS Standing Committee on Research and Statistics SCUBA Self Contained Underwater Breathing Apparatus SEAMAP Southeast Area Monitoring and Assessment Program Page ii Essential Fish Habitat for the US Caribbean FMPs Final EIS SEFSC Southeast Fisheries Science Center of NMFS SEIS Supplemental Environmental Impact Statement SEP Socioeconomic Panel SERO Southeast Regional Office (NMFS) SFA Sustainable Fisheries Act SMZ special management zone SOPPs Statement of Organization Practices and Procedures SPR Spawning Potential Ratio SSB/R spawning stock biomass per recruit SSC Scientific and Statistical Committee SSS Side Scan Sonar TAC Total Allowable Catch TED Turtle Excluder Device TL total length USFWS United States Fish and Wildlife Service USGS United States Geological Survey VMS Vessel Monitoring System VPA Virtual Population Analysis WDC/MGG World Data Center/Marine Geology and Geophysics YPR Yield Per Recruit Z Instantaneous Total Mortality Rate Final EIS Essential Fish Habitat for the US Caribbean FMPs Page iii EXECUTIVE SUMMARY Purpose and need The purpose of this action is to determine whether to amend the Fishery Management Plans (FMPs) of the Caribbean Fishery Management Council (the Council) pursuant to the mandate contained in section 303(a)(7) of the Magnuson-Stevens Fishery Conservation and Management Act (M-S Act). More specifically, the three-part purpose of this action is to analyze within each fishery a range of potential alternatives to: (1) describe and identify Essential Fish Habitat (EFH) for the fishery, (2) identify other actions to encourage the conservation and enhancement of such EFH and (3) identify measures to prevent, mitigate or minimize to the extent practicable the adverse effects of fishing on such EFH. FMPs must describe and identify EFH for the fishery, minimize to the extent practicable adverse effects on that EFH caused by fishing, and identify other actions to encourage the conservation and enhancement of that EFH. Councils and NOAA Fisheries have direct management authority over fishing activities in Federal waters of the United States, but not over non-fishing activities or fishing activities in State waters (Figure 2.1). NOAA Fisheries has no authority to manage fisheries of other nations. In 1999, a coalition of environmental groups brought suit challenging the NOAA Fisheries’ approval of the EFH FMP amendments prepared by the Caribbean and other Fishery Management Councils. The court found that the EFH amendments were in accordance with the M-S Act, but held that the EAs on the amendments were in violation of the National Environmental Policy Act (NEPA). NOAA Fisheries entered into a Joint Stipulation with the plaintiff environmental organizations that called for each affected Council to complete an Environmental Impact Statement (EIS). This analysis was developed and alternatives presented with full anticipation of, and opportunity for, public participation in the development of alternatives. The Council held scoping meetings throughout the US Caribbean in June 2001. Analytical methodologies used in the EIS The data analysis undertaken in the development of this EIS for the four Fishery Management Plans includes spatial analysis of the distribution of habitat types, fish species and fishing effort, development of a database containing information on the habitat associations of managed fish species, and characterization of the sensitivity of specific habitats to impacts by specific fishing gears. The methods and concepts for developing and analyzing the alternatives to be considered are common to all of the FMPs. The methodologies used in this EIS are described in Section 2.1 under four main headings: · Describing and identifying EFH; · Identifying HAPCs; · Addressing adverse effects of fishing on EFH; and · Evaluating the consequences of the alternatives Final EIS Essential Fish Habitat for the US Caribbean FMPs Page v Preferred alternatives EFH Alternatives. Concept 6. Describe and identify EFH according to functional relationships between life history stages of Federally-managed species and Caribbean marine and estuarine habitats. · Alternative