Fishery Management Plans Amendments to the U.S. Caribbean Reef Fish, Spiny Lobster, and Corals And Reef Associated Plants and Invertebrates Fishery Management Plans   Timing of Accountability Measure-Based Closures This presentation provides an update on changes made since the last Council mtg when Alternative 5 was added to the document. Draft Amendment/Environmental Assessment June 2016

Actions and Management Alternatives Timing of AM-Based Closures Amendment June 2016 Actions and Management Alternatives Amendment consists of two actions: Action 1: Modify the timing for the implementation of AM- based closures in the EEZ Action 2: Specify how often to revisit the approach selected in Action 1 Although you have seen much of this before, I will be going over the alternatives again so you can see how they have changed due to inclusion of Alternative 5.

Timing of AM-Based Closures Amendment June 2016 Action 1 Alternative 1: No Action. December 31 going backward (All FMUs) Preferred Alternative 2: September 30 going backward (DAP’s input) (All FMUs). If Alt 5 also chosen for FMUs that include species with seasonal closures, Alt 5 regs govern those FMUs affected. Alternative 3: January 1 going forward (All FMUs). If Alt 5 also chosen for FMUs that include species with seasonal closures, Alt 5 regs govern those FMUs affected. Alternative 4: Different fixed dates for individual or a group of FMUs. AM-based closure dates would end the last day of the month that has the highest or the lowest landings based on monthly average landings through time, using 2012-2014 as the most recent three years of available landings data. Please note that the IPT modified some of the alternatives for example, we added “end” closure date to alternatives 1,2 and 4 instead of start date. Also, alternatives were modified to include Alternative 5.

Timing of AM-Based Closures Amendment June 2016 Action 1 Alternative 4 Sub-alternatives (by island management area): Dates identified in Alts 1-5 would apply for any year AMs need to be implemented for that particular FMU, unless and until the chosen closure dates are revised as described in Action 2. Alternatives 4a (PR comm.), 4c (PR rec.), 4e (STT/STJ), 4g (STX), 4i (Caribbean-wide). Closure to end the last day of the month with highest average landings Alternatives 4b (PR comm.), 4d (PR rec.), 4f (STT/STJ), 4h (STX), 4j (Caribbean-wide). Closure to end the last day of the month with lowest average landings - Tables 2.2.1 – 2.2.5 in Document Closure to end the last day of the month that has the highest or the lowest landings based on monthly average landings through time, using 2012-2014 as the most recent three years of available landings data. Sub-Alternatives are based on monthly average landings through time using 2012-2014 average landings as the index from which months of highest and lowest landings are determined. The Puerto Rico spiny lobster FMU is addressed under the Commercial Sector sub-alternatives. This is because the spiny lobster ACL is governed by commercial landings. If the AM is triggered due to a Puerto Rico spiny lobster ACL overage, the commercial and recreational fishing seasons are reduced. KATE LETS TALK ABOUT THIS. WE MAY NEED TO REPHRASE THIS FOR ACCURACY. In the case where the lowest landings month occurs during a seasonal closure already in place for particular species, the AM closure will be imposed overlapping with the seasonal closure. However, because landings are low for an ACL unit during a seasonal closure for some or all of the ACL unit species, the closure will likely be relatively long. For example, the month of lowest landings for the Grouper ACL Unit in PR is in December. The seasonal closure for Grouper Unit 3 (red hind) occurs Dec 1 – last day in Feb. Therefore, under Alternative 4b, the AM based closure would end Dec 31 and go backward toward the beginning of the year for as long as necessary depending on overage and include all managed grouper species. The seasonal closure would begin as usual Dec 1 and go until end of Feb. There would be an overlap in Dec. If for any FMU in any year, the number of days left in the year is not enough to achieve the required reduction in landings, then those additional days would be captured in the opposite direction. 4

Timing of AM-Based Closures Amendment June 2016 Action 1 Alternative 5: For FMUs that include species with seasonal closures in U.S. Caribbean federal waters, AM-based closures resulting from an ACL overage for these FMUs would be timed to be continuous with the seasonal closure. The AM-based closure will extend either forward or backward from the seasonal closure into the year as specified in Sub-Alternatives 5(a) through 5(n) for the number of days necessary to achieve the required reduction in landings. - Pages 31-33 in Document (includes Table 2.2.6) If, for any of these FMUs, in any year, the number of available days running from the date specified by the sub-alternative, is not enough to achieve the required reduction in landings, then the additional days needed would be captured by extending the closure in the opposite direction and continuing for the number of days needed to fulfill the required reduction. 5

Timing of AM-Based Closures Amendment June 2016 Alternative 5 Sub-alternatives 5a-5n (by FMU and island management area): Sub-Alternative Island Mgt. Area or PR sector Date Date Seasonal Closure/species Applicable FMU for AM 5a PR - Commercial May 1st going forward Feb 1 – Apr 30: Black, red, yellowfin, tiger, yellowedge Grouper Complex 5c PR-Recreational 5e STT/STJ 5f STX 5b PR Commercial Nov 30th going backward Dec 1 – last day Feb: Red hind west of Puerto Rico 5d PR Recreational 5g July 1st going forward Apr 1 – Jun 30: Mutton and lane snappers Snapper Unit 3: mutton, lane, gray, dog, schoolmaster, mahogany 5i 5k Snapper Complex 5m 5h Sep 30th going backward Oct 1 – Dec 31: Silk, black, blackfin, vermillion SU1 (all + wenchman) 5j 5l 5n Pages 30-33 Table 22.6 in document More species included in the AM than in the seasonal closure, usually. Groupers in USVI and PR always closed at the complex, so does snappers in USVI PR has one more date proposed for groupers to account for the red hind closure in western PR, USVI does not have a red hind closure The Sept 30th going backward date is same as Preferred Alt 2. Proposed in here to have a suitable alternative in case Council chooses a different alternative for the rest of the FMU 6

Action 1 – Alt 5 Effects (vary by FMU and date) Timing of AM-Based Closures Amendment June 2016 Action 1 – Alt 5 Effects (vary by FMU and date) Economic – Could decrease costs associated with having two closures instead of one (positive), could have closures during economically important times (negative), current harvest efficiencies resulting from fishing adjacent to a seasonal closure would be interrupted (negative) Social and Cultural – Could have closures during socially and culturally important times (negative); greater complexity of regs could be more confusing for fishers (negative) Biological –AM closure ending or starting immediately before or after the spawning closure may have biological benefits (positive for species affected) Physical – Extended protection to habitat during period immediately before or after the spawning closure by reducing anchoring activities and reducing gear interactions used for those specific species (positive). Administrative – One closure instead of two could ease enforcement (positive) but more complex info for public compliance and enforcement efforts (some species in AM closure not included in species closure, more dates to keep track of) (negative) Bio - However, how much of the spawning activity occurs outside of the established seasonal closure is unknown and variable. Spawning activity is species-specific. Therefore, an AM closure that occurs before or after a seasonal closure may or may not provide extended protection to spawners, thus any potential effects will be very species and time specific. Econ - Because switching between different fisheries has an economic cost associated with it, Alternative 5 could decrease fishermen’s economic costs associated with switching gear, fishing methods, and fishing location when transitioning from one fishery to another due to seasonal closures. Alternative 5 could decrease the number of transitions that a fisherman potentially has to make during the fishing year. Physical - Periods before or after a spawning season, depending on the date and the species, may also be periods of higher fishing effort, thus additional indirect minor positive effects on the physical environment would be expected from the reduction on anchoring activities during this higher effort period, or reduced gear interactions with the sea bottom. 7

Action 1 Summary of Effects Timing of AM-Based Closures Amendment June 2016 Action 1 Summary of Effects Alternative Positive effects Negative Effects Alt 1 (Dec 31 end) Avoids fishing during bad weather Closure during high demand period in USVI and West Coast of PR Alt 2 (Sept 30 end) (Preferred) Avoids fishing during bad weather; Avoid closure during high demand period in USVI and West Coast of PR May result in long closure due to AM closure consecutive with seasonal closures (SU1) Alt 3 (Jan 1 start) Established start date (easier to plan for); High probability of abutting or overlapping with seasonal closures May have a closure going into Lent; high tourism season in USVI; high probability of abutting or overlapping with seasonal closures (SU1) Alt 4 (various based on high landings/low landings) Longer closure during low demand periods; Shorter closures during high demand periods (varies by alt) Longer closures during low demand periods; Shorter closure during high demand periods (varies by alt) Alt 5 (AM closure consecutive with seasonal closure for certain species) Extends protection of spawning activity; decreases adjustments needed to switch fisheries due to closures; eases enforcement for affected species in some ways More complex regs; makes enforcement and compliance more difficult; current harvest efficiencies could be interrupted 1. Alts 1-3 have the advantage of all closing on the same end date. Easier to remember, less complex. 2. Note that if an AM closure ends up overlapping with a seasonal closure (for example now this happens with a Dec 31 closure for snappers (overlapping with the SU1 closure Oct – Dec 31) this is not expected to affect those species whose harvest is already closed through the seasonal closure, but would prohibit landings of other species in the unit (e.g., wenchman snapper of SU1 in Puerto Rico) or complex (e.g., snapper complex in the USVI; grouper complex in both Puerto Rico and the USVI) during this period, potentially disrupting the fishery during a time that may be of enhanced socio-economic value for those species. Also, this greatly increases the complexity of administration and enforcement.

Timing of AM-Based Closures Amendment June 2016 Action 2: Specify how often the approach to set the timing of AM-based closures selected in Action 1 should be revisited. Alternative 1. No Action. Do not specify how often the approach chosen should be revisited. Preferred Alternative 2. Revisit the approach selected no longer than 2 years from implementation and every 2 years thereafter. Alternative 3. Revisit the approach selected no longer than 5 years from implementation and every 5 years thereafter. Revisiting the approach that sets the timing for AM closures can involve revisiting the dates selected, criteria for choosing the dates, or any other aspect of the rule. Under any of the alternatives proposed, the Council has the option to review the approach at any time; however, Preferred Alternative 2 and Alternative 3 of Action 2 ensure that revisiting the approach selected to establish the timing for AM-based closures (Action 1) for a particular species is conducted within a specified timeframe. In both Preferred Alternative 2 and Alternative 3, after the number of years specified, Council staff will present to the Council information about the specific closures, which may include available information on the biological, socio-economic, and administrative environment, discussion, and recommendations regarding the potential need of a more formal review of any aspect of the measures implemented in the amendment. The Council will then decide if such formal review is merited and proceed with next steps. If a formal review is merited, the next steps include potentially amending the FMPs and drafting regulations to modify, as appropriate, the process or the dates to implement AM-based closures on the applicable island-management area.

Timing of AM-Based Closures Amendment June 2016 Draft Timeline Today Aug Council Mtg and Late Fall 2016 Council discusses Public Hearings, reviews document. Council reviews and approves codified text Council approves Amendment for Secretarial Review Amendment and Proposed Rule Comment Period June 2016 Council discusses alternatives, reconsiders or confirms preferred alts Decides if taking final action at August meeting 2016 2017 Early 2017 NOAA publishes Amendment/ Final Rule Final Rule Effective Summer 2016 Council holds Public Hearings, if necessary 10

Timing of AM-Based Closures Amendment June 2016 Next Steps: Review alternatives (including Alt 5) and preferred alternatives Motion to reconsider or confirm preferred alternatives Consider Public Hearings schedule Consider taking final action (August Council Meeting?)

Motions Move to hold one public hearing in Mayaguez/Cabo Rojo and one public hearing at the Council meeting in San Juan in August 2016. Blanchard/Hanke Motion carries