ESA Section 7 Requirements & the Caribbean Reef Fish Fishery: Effects on Threatened Acropora and Their Designated Critical Habitat Jennifer Lee Fishery Management Liaison Southeast Regional Office, Protected Resources Division

2 Purpose of Presentation To facilitate meaningful discussion about: —the probable effects of the reef fish fishery on Acropora and Acropora Critical Habitat —additional measures considered that could be taken to reduce effects To provide the Council with input on the Draft ACL Amendment and inform its decision-making process

3 Presentation Overview ESA Legal & Regulatory Framework Past & Present Consultation History Key Facts about Listed Acropora Species & Their Designated Critical Habitat Acropora Critical Habitat & the Role of Parrotfishes Input on the Draft ACL Amendment & Additional Alternatives to Consider

4 ESA Section 7 Requirements Section 7(a)(1) Affirmative Conservation Mandate: All Federal agencies shall use their authorities to carry out their programs for the conservation of endangered & threatened species.

5 ESA Section 7 Requirements & Listed Species Section 7(a)(2) Duty to Avoid Jeopardy: Each federal agency, in consultation with the “Secretary”, must ensure that any action authorized, funded, or carried out by them is not likely to jeopardize the continued existence of any T/E species

6 ESA Section 7 Requirements & Critical Habitat Section 7(a)(2) Duty to Avoid DAM: Each federal agency, in consultation with the “Secretary”, must ensure that any action authorized, funded, or carried out by them is not likely to result in the destruction or adverse modification (DAM) of critical habitat DAM is equivalent to finding jeopardy, except there is no incidental adverse modification

7 What is a Biological Opinion? An analytical document that looks at the effects of a Federal “action” on endangered and threatened species and their designated critical habitat Identifies whether or not the action is likely to jeopardize the continued existence of a listed species or result in DAM Is the product of the formal consultation process

8 The 2005 Biological Opinion Analyzed all Caribbean fisheries managed by the CFMC and NOAA Fisheries Service Anticipated adverse effects on sea turtles via hook- and-line gear interactions Concluded not likely to jeopardize any listed species Issued an incidental take statement including reasonable and prudent measures and implementing terms and conditions to minimize post-release mortality and monitor take

9 Reinitiation of Formal Consultation March 30, 2010: SERO, Sustainable Fisheries Division formally requested reinitiation of section 7 consultation on the Reef Fish FMP to address Acropora and Acropora critical habitat Formal Consultation Timeline: —135 days, once all necessary information received, including description of proposed action Best available scientific and commercial information; Err on the side of conservation for the species

10 Key Facts about Acropora Branching, colonial corals Historically very abundant, important reef-builders Found in shallow (less than 30 m) tropical reefs throughout the Bahamas, Florida, and the Caribbean —Elkhorn 1-5 m, turbulent, shallow water —Staghorn 5-15 m, protected, deeper water Optimum water temperature: 25-29C, 66˚F to 86˚F Sexual and asexual reproduction

11 Key Facts about Acropora May 9, 2006: Elkhorn and Staghorn Corals listed as Threatened under the ESA

12 4(d) Rule for Elkhorn & Staghorn Corals Effective Friday, Nov. 21, 2008 The 4(d) rule makes it illegal to: —TAKE (harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct) elkhorn or staghorn corals —IMPORT elkhorn or staghorn corals (dead or alive) into the United States —EXPORT elkhorn or staghorn corals (dead or alive) out of the United States —POSSESS, SELL, DELIVER, CARRY, TRANSPORT, OR SHIP illegally taken elkhorn or staghorn corals —Deliver, receive, carry, transport, or ship elkhorn or staghorn corals commercially —SELL or OFFER FOR SALE elkhorn or staghorn corals The maximum fine for violating the U.S. Endangered Species Act is $25,000 and 6 months in jail.

13 Designated Critical Habitat for Threatened Acropora Spp. November 26, 2008: Final Critical Habitat Designation Published in Federal Register

14 Critical Habitat ESA defines critical habitat as: “the specific areas within the geographical area occupied by the species, on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection.”

15 Key Facts about Acropora Designated Critical Habitat Conservation objective: —Facilitate increased incidence of successful sexual and asexual reproduction, i.e., increased incidence of larval settlement and recruitment and reattachment and recruitment of asexual fragment

16 Key Facts about Acropora Designated Critical Habitat The Essential Feature qualityavailability —Substrate of suitable quality and availability to support larval settlement and recruitment, and reattachment and recruitment of asexual fragments.

17 Key Facts about Acropora Designated Critical Habitat Suitable Substrate: —Natural consolidated hard substrate or dead coral skeleton that is free from fleshy or turf macroalgae cover and sediment cover in water 30 m or less in depth

18 Suitable Substrate Natural consolidated hard substrate or dead coral skeleton that is free from fleshy or turf macroalgae cover and sediment cover in water 30 m or less in depth

19 Areas that do not provide the essential feature Photo credit: FKNMS natural sites covered with loose sediment, fleshy macroalgal covered hardbottom, or seagrasses

20 Activities that may affect critical habitat – three general categories Physical destruction Nutrient enrichment via sewage, stormwater and agricultural runoff, river discharge, groundwater Sedimentation resulting from land-use practices and from dredging and disposal activities

21 How May U.S. Caribbean Reef Fish Fisheries be Effected? Measures may need to be implemented to reduce harvest of herbivorous fishes in the U.S. Caribbean Reef Fish Fishery to ensure no “damage or adverse modifications” are occurring to Acropora critical habitat through the removal of key grazing species or species groups.

22 Critical Habitat & the Importance of Herbivores Acropora critical habitat final rule: “Overfishing of herbivorous fishes and the mass die- off of long-spined sea urchin Diadema antillarum are considered two of the primary contributing factors to the recent shift in benthic community structure from the dominance of stony corals to that of fleshy macroalgae on Caribbean coral reefs.

23 Grazing & Parrotfish Parrotfish may serve as a keystone species (Paine, 1969) and that fishing effects on parrotfish grazing may profoundly influence coral dynamics (Mumby et al., 2007). Active management of parrotfishes is both highly desirable and a feasible conservation goal (Mumby et al., 2007)

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25 PuertoRico

26 St. Croix, U.S.V.I.

27 St. Thomas & St. John, U.S.V.I.

28 Input On Draft ACL Amendment Consider additional alternatives to protect parrotfishes Alternatives to consider: —Set parrotfish ACL conservatively —Improve cooperation and enforcement of net ban —Consider further gear restrictions on directed harvest parrotfishes —Reduce traps through a trap reduction program

29 For Additional Information