Accountability Measure Guidance in CFMC Fishery Management Plans Comprehensive Amendment 152 nd Caribbean Fishery Management Council Meeting St. Croix, USVI April 21-22, nd Caribbean Fishery Management Council Meeting St. Croix, USVI April 21-22, 2015

Applying Accountability Measures (AMs) Issue: Inconsistency between regulations at 50 CFR Part 622 and FMPs Text describing the application of AMs in the Council FMPs is not consistent with regulations and with general approach for implementing AMs in the Caribbean. FMPs (2010 and 2011 Caribbean ACL Amendments): “If AMs are triggered, then reduce the length of the fishing season for that species, unit, or complex the year following the trigger determination by the amount needed to prevent such an overage from occurring again. The needed changes will remain in effect until modified by the Council." Regulations at 50 CFR Part 622: –Make reference to FMPs –Do not contain the underlined text –Seasonal closures are not indefinite as defined under the FMPs U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 2

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Recommendation: Remove inconsistent text from the FMPs through amendments FMP would read: "If AMs are triggered, then reduce the length of the fishing season for that species, unit, or complex the year following the trigger determination by the amount needed to prevent such an overage from occurring again.” U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 4 Next Steps: Motion directing staff to develop plan amendments and associated documents Presented at 151 st Council Meeting Motion (Passed): Direct staff to begin work on a plan amendment to address the problems with the accountability measures as outlined by Dr. Bill Arnold and Mr. Grimes and bring the amendment to us to review at the spring 2015 Council meeting. Motion (Passed): Direct staff to begin work on a plan amendment to address the problems with the accountability measures as outlined by Dr. Bill Arnold and Mr. Grimes and bring the amendment to us to review at the spring 2015 Council meeting.

DRAFT Purpose and Need The purpose of this action is to resolve inconsistencies between language in the Reef Fish, Queen Conch, Spiny Lobster, and Corals and Reef Associated Plants and Invertebrates fishery management plans (FMPs), as amended in 2012, and language in 50 CFR Part 622 describing the application of accountability measures (AMs) in the Caribbean exclusive economic zone. NMFS and the Caribbean Fishery Management Council need to correct this deficiency to ensure the regulations are consistent with their authorizing FMP and to ensure AMs for species or species groups that exceed their annual catch limit in a particular year are appropriately applied. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 5 Comprehensive Amendment to the Council FMPs

DRAFT Alternatives Alternative 1: No action. Do not modify the language describing AM applicability in the Caribbean Council FMPs or in CFR 50 Part 622. Text describing the application of AMs in the Council FMPs would continue to be inconsistent with the regulations and with the general approach for implementing AMs in the Caribbean. Required analysis Effects: This alternative establishes the baseline. The alternative would have no practical effects because it would continue the status quo. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 6

DRAFT Alternatives Alternative 2: Revise the language describing AM applicability in the Council FMPs to reflect language in CFR 50 Part 622. The length of the fishing season for the applicable species or species group that exceeded the ACL will be reduced the year following the AM trigger determination by the amount necessary to ensure landings do not exceed the applicable ACL again. The phrase “The needed changes will remain in effect until modified by the Council” will be removed from the FMPs. Effects: This alternative would have no practical biological or socioeconomic effects because it would not change the way we are currently implementing AMs. Procedural administrative effects (revising the FMP to be consistent with CFR 50 Part 622) and legal (having a consistent FMP and regulations). U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 7

DRAFT Alternatives Alternative 3: Modify the language describing AM applicability in CFR 50 Part 622 to reflect language in the Council FMPs. The length of the fishing season for the applicable species or species group that exceeded the ACL will be reduced the year following the AM trigger determination by the amount necessary to ensure landings do not exceed the applicable ACL again and the changes will remain in effect until modified by the Council. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 8

Alternative 3: Continue to review ACLs annually relative to a moving multi-year average as described in the FMP (and 50 Part 622). However, the rulemaking that implemented AMs in response to an overage would maintain those AMs in effect indefinitely, unless and until they were changed by the Council/NMFS through a subsequent rulemaking. For example, if AMs need to be applied for X species from Sep through Dec 31, then that same prohibition would apply every year unless and until changed by the Council/NMFS through a subsequent rulemaking. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 9

Alternative 3: Effects: This alternative would have biological, socioeconomic and administrative effects. If an ACL overage occurred in a subsequent year despite the AM being in place, then another more restrictive and similarly “indefinite” AM would need to be implemented to address that overage. If an ACL underage occurred in a subsequent year, then there may be positive biological/ecological effects because more fish would be left in the water. Short-term negative socioeconomic effects may occur because the AM would prevent the fishery from harvesting the entire ACL. If an ACL underage occurred, then the Council may consider another rulemaking to redefine the AM, which would then have administrative effects. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 10

U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 11 Next Steps: Discuss management options Motion to develop Draft Comprehensive Amendment Council to decide if taking final action at next meeting (Motion) Next Steps: Discuss management options Motion to develop Draft Comprehensive Amendment Council to decide if taking final action at next meeting (Motion)

Draft Timeline Council submits Comprehensive Amendment to the Secretary of Commerce for review Comprehensive Amendment and Proposed Rule Comment Period Fall 2015 Today August 2015 Council reviews Draft Comprehensive Amendment, selects preferred alternative *Council takes final action *Council revises and approves codified text. Staff provides update to Council Council discusses management options * Council passes motion to develop Draft Comprehensive Amendment * Council may take final action at August meeting Early 2016 April 2015 NOAA publishes Comprehensive Amendment and Final Rule Final Rule Effective U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 12 *Council approves Comprehensive Amendment for Secretarial Review