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 Draft Amendment/Environmental Assessment August 2016

Actions and Management Alternatives Timing of AM-Based Closures Amendment August 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

Timing of AM-Based Closures Amendment August 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.

Timing of AM-Based Closures Amendment August 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, Pages 16-19 4

Timing of AM-Based Closures Amendment August 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 22-23 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 August 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 22-23 Table 2.2.6 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

Public Hearing Results San Juan Mayaguez Deponents (#present=17) Deponents (#present=33) ACTION 1 Alt. 1 4 Alt.2 1+ Alt.3 1 Alt. 4 Lowest 4b n=7 Lowest 4B n=1 Alt. 5 1=NO +1 ACLs are too low and should be revised Improve data Closures during months of lowest landings

Timing of AM-Based Closures Amendment August 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.

Public Hearing Results San Juan Mayaguez Deponents (#present=17) Deponents (#present=33) ACTION 2 Alt. 1 Alt.2 5 1 Alt.3 NEW = annual 2 3

Timing of AM-Based Closures Amendment August 2016 Codified Text: “As described in the respective FMPs, for each species or species group in this paragraph, any required fishing season reduction will be applied from September 30th backward, toward the beginning of the fishing year. If the length of the required fishing season reduction exceeds the time period of January 1st through September 30th, any additional fishing season reduction will be applied from October 1st forward, toward the end of the fishing year.”

Timing of AM-Based Closures Amendment August 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 Early 2017 NOAA publishes Amendment/ Final Rule Final Rule Effective 2016 2017 11

Timing of AM-Based Closures Amendment August 2016 Next Steps: Review results of the Public Hearings Deem codified text Consider taking final action Motion to submit to the Secretary Motion to give staff editorial license to finalize the document

Number of days a fishery would be closed under Alternatives 1 and 2 for FMUs that will have AMs applied in 2016 in federal waters of Puerto Rico (PR) (Source: Table 2.2.1.1) Fishery Management Unit Annual Catch Limit (pounds [lbs]) ACL Overage in pounds1 in a Fishing Year 2016 Days Fishery would be closed Alt. 1 (Dec 31 backward) Preferred Alt. 2 (Sep 30 backward) Snapper Unit 2 (Commercial PR) 145,916 9,973 36 days 18 days Wrasses (Commercial PR) 54,147 5,047 46 days 22 days Triggerfish and Filefish (Commercial PR) 58,475 12,451 77 days 57 days Spiny Lobster (Comm and Rec PR) 327,920 18,077 17 days Parrotfish (Comm PR) 52,737 13 days 10 days Jacks (Rec PR) 51,001 11,536 58 days 96 days For the FY 2016, ACL overages were determined from analyses conducted using reported landings from 2012 -2014. This same overage was used to estimate closure days under Alternatives 1 and 2 for species/species groups with AMs in FY 2016.

ACL Overage in lbs1 in a FY FMU ACL (lbs) ACL Overage in lbs1 in a FY Days Fishery would be Closed under each Alternative Alt. 1 (Dec 31 bwd) Pref. Alt. 2 (Sep 30 bwd) Alt. 3 (Jan 1 fwd) Sub-Alts. 4: 4a, 4c, 4e, 4g, 4i (date varies by FMU)1 Alt 4 (date varies by FMU)1 Alt. 5 (if appl.) Snapper Unit 2 (Commercial PR) 145,916 2013 FY 102 days 96 days 172 days Jun 30 back Dec 31 back NA 132,063 178 days 2016 FY 36 days 18 days 25 days 23 days 9,973 Wrasses (Rec PR) 2013 5,050 2013 72 days 11 days 67 days Oct 31 back N/A 489 Wrasses (Comm PR) 54,147 2016 46 days 22 days Aug 31 back May 31 back 39 days 5,047 Triggerfish and Filefish (Comm PR) 58,475 77 days 57 days 69 days 12,451 61 days 63 days Spiny Lobster (Comm and Rec PR) 327,920 17 days 20 days Sep 30 back 18,077 21 days Parrotfish (Comm PR) 52,737 13 days 10 days Mar 31 back 7 days Jacks (Rec PR) 51,001 58 days 42 days Feb 28 back 41 days 112 days 11,536 Triggerfish & Filefish (all sectors, STX) 24,980 32 days   1,473 Spiny Lobster (all sectors, STX) 107,307 5 days 2,401 Groupers (all sectors, STT/STJ) 51,849 12 days Jan 31 back May 1 fwd 4,984

Alternative 4 - Commercial FMUs Sub-Alternative 4a (highest landings) Sub-Alternative 4b (lowest landings) FMU Parrotfish Mar 31 Aug 31 Snapper Unit 1 (silk, black, blackfin, vermilion, and wenchman) Jan 31 Nov 301 Snapper Unit 2 (queen and cardinal) Jun 30 Dec 31 Snapper Unit 3 (mutton, lane, gray, dog, schoolmaster, and mahogany) Snapper Unit 4 (yellowtail) Groupers Feb 28 Dec 312 Angelfish No Landings3 Boxfish Oct 31 Goatfish Sep 30 Apr 30 Grunts May 31 Wrasses Jacks Jul 31 Scups & Porgies Nov 30 Squirrelfish July 31 Surgeonfish No Landings Jan-Oct Triggerfish & Filefish Spiny Lobster4

Alternative 4 – Recreational FMUs Sub-Alternative 4c (highest landings – second month in wave) Sub-Alternative 4d (lowest landings – second month in wave) FMU Parrotfish Jul/Aug (Aug 31) March/Apr (April 30) Snapper Unit 1 May/Jun (Jun 30) No landings Nov-Dec1 Snapper Unit 2 Jan /Feb (Feb 28) No landings for the rest of the year Snapper Unit 3 May /Jun (Jun 30) Sep/Oct (Oct 31) Snapper Unit 4 Groupers Jan/Feb (Feb 28) Nov/Dec (Dec 31) Angelfish No landings for rest of the year Boxfish Goatfishes Grunts May/Jun (June 30) Wrasses No landings Nov-Dec Jacks Sep/Oct (Oct 30) Porgies No landings Sep/Oct Squirrelfish No landings Jul/Aug (Aug 31) Surgeonfish No Landings4 Triggerfish & Filefish

Motion. Move to approve the Timing of AMs amendment, with the selected preferred alternatives, and submit the amendment to the Secretary of Commerce for approval. Motion. Give staff the authority to make any changes to the Timing of AMs amendment in response to decisions made by the Council at this meeting, and give staff the editorial license to make editorial changes.  Any changes will be reviewed and approved by the Council Chairman.

Motion. Give the Council Chairman the authority to deem as necessary and appropriate any modifications made to the proposed rule.