1. Comprehensive Amendment to the U.S. Caribbean Fishery Management Plans Annual Catch Limit Control Rule 149 th Caribbean Fishery Management Council Meeting St. Croix, U.S. Virgin Islands April 22-23, 2014 Public Hearing Draft

2. Purpose for Action Establish a control rule to modify the buffer reduction that is applied to the overfishing limit (OFL) or the acceptable biological catch (ABC ) to derive an ACL in response to changes in the overfishing status of any U.S. Caribbean fishery management unit (FMU). The control rule would apply a specific buffer reduction based on the current status of the FMU as determined by NMFS. Establishing this control rule would provide the Council and NMFS the flexibility to respond quickly to changes in the fishery. Need for Action Need to establish a mechanism that describes the relationship between overfishing status and the reduction buffer applied to the OFL or ABC (if specified) used to determine the ACL. The proposed mechanism would adjust the buffer reduction as appropriate to reflect a change in classification of the FMUs. This amendment will provide for a new and straightforward process that will allow for ACL revisions based on OFL status. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 2 Annual Catch Limit (ACL)Control Rule 149 th Caribbean Fishery Management Council Meeting April 22-23, 2014

3. 2010 StocksChanges in Overfishing Status Grouper Unit (GU) 1 (Nassau), GU2 (goliath) GU3, GU4, GU5 Snapper Unit (SU) 1, SU2, SU3, SU4 parrotfish queen conch From ‘Subject to Overfishing’ or ‘unknown’ to ‘Not Subject to Overfishing’ These units had their ACL set at 85% of the OFL (or ABC) (except queen conch, which had no reduction applied) 2011 StocksChanges in Overfishing Status Angelfish, boxfish, goatfish, grunts, wrasses, jacks, scups & porgies, squirrelfish, surgeonfish, triggerfish & filefish, spiny lobster, tilefish, aquarium trade From an ‘unknown’ status to a ‘Not Subject to Overfishing’ status. Angelfish, squirrelfish and wrasses continue to be classified as ‘unknown’. FMUs classified as ‘not subject to overfishing’ and as ‘unknown’ had their ACL set at 90% of the ABC, except for angelfish, surgeonfish, and aquarium trade species FMUs which had ACL set at 75% of ABC Changes to Overfishing Status (NMFS Status of U.S. Fisheries 2013 4 th Quarter Report)

4. The ACL Control Rule would shift the buffer applied to the OFL or the ABC (if specified) to determine the ACL based on changes in overfishing status. Would simplify the process of adjusting the ACLs, if needed, in the future. More responsive management sensitive to the status of the targeted population and increased revenue from healthy fisheries. However, the latter may be adverse as well, if a change in status results in a reduction in allowable harvest. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 4 ACL Control Rule and Changes in Overfishing Status

5. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 5 Alt. 1 : No Action. Do not establish an ACL Control Rule. The buffer reductions to the OFL or to the ABC would continue to be those defined in the 2010 and 2011 Caribbean ACL Amendments. Alt. 2: For all FMUs for which harvest is allowed (or where applicable), establish an ACL Control Rule where: ACL = [OFL (or ABC) x (0.85)] for FMUs determined to be subject to overfishing in a specific year, and where ACL = [OFL (or ABC) x (0.90)] for FMUs determined not to be subject to overfishing or status ‘unknown’ in a specific year. Alt. 3: Same as Alt. 2, but allows for exceptions: (*The Council can choose any or all Sub-Alternatives) (cont.) ACTION: Establish a control rule to adjust the buffer reduction applied to the OFL or the ABC used to derive the ACL to reflect a change in overfishing status of the stock.

6. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 6 Alt. 3 (Sub-Alternatives) For the following FMUs, buffer reductions to the OFL or ABC specified in the 2010 and/or 2011 Caribbean ACL Amendments would continue to be applied to derive the ACL: Sub-Alt. 3a. Parrotfish FMU: ACL = [ABC x (0.85)] for the ecological role of parrotfish as herbivores in coral reefs. [In any case, the additional 5.8822 % reduction to the St. Croix ACL would continue to be applied.] Sub-Alt. 3b. Surgeonfish FMU: ACL = [ABC x (0.75)] for the ecological role of surgeonfish as herbivores in coral reefs. Sub-Alt. 3c. Angelfish FMU: ACL = [ABC x (0.75)] for the ecological role of angelfish as spongivores in coral reefs. Sub-Alt. 3d. Queen conch FMU: for St. Croix, ACL = ABC specified by the SSC (50,000 lbs). For Puerto Rico and St. Thomas/St. John, ACL = 0. Sub-Alt. 3e. Aquarium Trade Species FMU: ACL = [ABC x (0.75)] for aquarium trade species in the Coral and Reef Fish FMPs.

7. Summary of Changes to ACLs under Alternatives 2 and 3 under current overfishing status scenarios *( subject to change ) U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 7 If Alternative 2 is chosen: ACL of snapper, grouper, and parrotfish all islands/sectors would increase by 5% (the additional 5.8822% for St. Croix parrotfish is a separate issue) Queen conch ACL would be reduced ACL for angelfish and surgeonfish all island/sectors, and for the Caribbean-wide aquarium trade species FMUs, would change to a new and higher value

8. Summary of Changes to ACLs under Alternatives 2 and 3 under current overfishing status scenarios *( subject to change ) U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 8 If Alternative 3 and all sub-alternatives are chosen by the Council: ACL for all grouper and snapper units on all islands/sectors would increase by 5% ACLs for queen conch and parrotfish (all islands/sectors) would remain the same as established in the 2010 Caribbean ACL Amendment ACLs for surgeonfish, angelfish (all islands/sectors) and the Caribbean-wide aquarium trade species FMUs would remain the same as established in the 2011 Caribbean ACL Amendment No change in ACL for the remainder of 2011 stocks on each island including the Caribbean-wide tilefish FMU

9. Establishing and Implementing the ACL Control Rule Comprehensive plan amendment to the Council FMPs (Reef Fish, Spiny Lobster, Queen Conch, Corals). The overfishing status of a stock/stock complex would continue to be evaluated annually by NMFS. Annual landings available for each unit and sector within the unit, for all islands/island groups would be evaluated against the corresponding OFL. For all Council managed species, overfishing is determined to be occurring if the landings for a particular year exceed the assigned OFL, unless NMFS’ SEFSC, in consultation with the Council and its SSC, determines that the overage occurred because data collection/monitoring improved rather than because landings actually increased. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 9

10. If unit changes in status in a particular year: - NMFS will officially notify the Council by letter regarding the status change and the corresponding change to a new buffer reduction value. - NMFS would apply the buffer reduction defined by the control rule as specified in the corresponding FMP, and the ACL for the next year for that particular FMU would be adjusted. * Notification of changes: The NMFS SERO website will be annually updated to reflect the overfishing status and corresponding ACL for each unit per island and sector. Fishery Bulletin U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 10 Annual process that would be used to apply the ACL Control Rule

11. Draft Timeline (with June Meeting*) April 22-23, 2014 2014 June 2014 Council discusses outcomes of Public Hearings and considers comments on Amendment/ DRAFT EA. Council revises and approves codified text. Council approves Amendment for Secretarial Review. September 2014 Early December 2014 Today NOAA publishes Comprehensive Amendment / Final EA and Final Rule Final Rule Effective (First Week of January 2015) Amendment/EA and Proposed Rule Published Comment Period Council reviews PHD/EA, selects preferred alternative(s) and approves for Public Hearings. Public Hearings in PR and USVI

12. Draft Timeline (with August Meeting) April 22-23, 2014 2014 2015 August 12-13 2014 Council discusses outcomes of Public Hearings and considers comments on Amendment/ DRAFT EA. Council revises and approves codified text. Council approves Amendment for Secretarial Review. November 2014 February 2015 Today NOAA publishes Comprehensive Amendment / Final EA and Final Rule. Final Rule Effective (~ March 2015) Amendment/EA and Proposed Rule Published Comment Period Council reviews PHD/EA, select preferred alternative(s) and approves for Public Hearings. Public Hearings in PR and USVI

13. Next Steps U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 13 1.Motion to Approve/Disapprove PHD with Identified Preferred Alternative(s) 2.Motion to Schedule Public Hearings for Early Summer 2014.

14. Additional Slides

15. *Overfished Stocks and the ACL Control Rule The control rule would not take into account the overfished status of a stock: Overfished stocks are managed through rebuilding plans designed to achieve a stock abundance consistent with supporting the maximum sustainable yield on a continuing basis. Overfished species were addressed in the 2005 SFA Amendment where management measures were established to address overfished status in the long-term. These were factored in during the development of the 2010 and 2011 Caribbean ACL Amendments. The control rule proposed will continue to ensure that overfishing does not occur in the short-term, thereby maintaining steady progress toward the long-term goal of rebuilding overfished stocks while preventing other stocks from becoming overfished. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 15

16. Analyses included in the Public Hearing Draft for the Comprehensive Amendment to the Council FMPs U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 16

17. Effect on ACLs under Alts. 2 and 3 If ‘Subject to Overfishing’ ‘Subject to Overfishing’ Status 2010 stocks Alternative 2No change except for queen conch because the current ACL was already derived from a 15% buffer (reduced by 7,500 lbs) Alternative 3Same as Alt. 2 except for parrotfish (Sub-alt 3a) and queen conch (Sub-alt 3d) which will remain as status quo 2011 stocks Alternative 2Would reduce the ACL for most 2011 stocks because the current ACL for most of these units was based on a 10% reduction and the new buffer will reduce the ABC by 15%. Harvest of angelfish, surgeonfish for each island and sector, and for aquarium trade Caribbean-wide FMUs would be increased because the ACL was previously based on a 25% reduction Alternative 3Same as in Alt. 2, for all except surgeonfish (Sub-alt 3b), angelfish (Sub-alt 3c), and aquarium trade FMUs (Sub-alt 3e) which would remain as status quo.

18. Effects on ACLs – If ‘Not Subject to Overfishing’ or ‘Unknown’ ‘Not Subject to Overfishing’ or ‘Unknown’ Status 2010 stocks Alternative 2Would increase the ACL for most (snapper, grouper, parrotfish) because it will apply a 10% reduction instead of 15%. Queen conch ACL would be reduced by 5,000 lbs because the ABC was not reduced before. Alternative 3Same as Alt. 2 except for parrotfish (Sub-alt 3a) and queen conch (Sub-alt 3d) which will remain as status quo 2011 stocks Alternative 2Would not change the ACL of most 2011 stocks because the ACLs for most of these units were already derived from a 10% buffer. The ACL for angelfish, surgeonfish for each island and sector, and aquarium trade at the Caribbean-wide level would be increased because the ACL was previously based on a 25% reduction Alternative 3Same as in Alt. 2, except for all except for surgeonfish (Sub-alt 3b), angelfish (Sub-alt 3c), and Aquarium trade (Sub-alt 3e) which would remain as status quo.

19. 20 RegionSectorFMUYear or Years Landings Exceeded ACLPounds Over Puerto RicoCommercialSnapper Unit 22010-2011 Average132,063 St. CroixCommercialQueen Conch2010-2011 Average17,530 St. CroixCommercialQueen Conch2010-2012 Average7,299 St. Thomas/St. JohnCommercialGrouper2010-2011 Average4,984 RegionSectorFMUYear or Years Landings Exceeded ACLPounds Over Puerto RicoRecreationalWrasses2011489 St. CroixCommercialAngelfish 1 20118,196 St. CroixCommercialAngelfish 1 2011-2012 Average11,077 St. CroixCommercialSquirrelfish 1 2011-2012 Average3,180 St. CroixCommercialWrasses 1 2011-2012 Average30 St. CroixCommercialSpiny Lobster20112,401 St. CroixCommercialSquirrelfish 1 20112,647 St. CroixCommercialTriggerfish & Filefish20111,473 St. CroixCommercialWrasses 1 201142 St. Thomas/St. JohnsCommercialAngelfish 1 201110,436 St. Thomas/St. JohnsCommercialAngelfish 1 2011-2012 Average9,295 St. Thomas/St. JohnsCommercialSquirrelfish 1 20112,257 St. Thomas/St. JohnsCommercialSquirrelfish 1 2011-2012 Average3,917 St. Thomas/St. JohnsCommercialWrasses 1 20111,374 St. Thomas/St. JohnsCommercialWrasses 1 2011-2012 Average1,306 The effect of the alternatives was analyzed by comparing recent landings to the ACLs. Alternative 1 2010 Stocks 2011 Stocks 1. U. S. Virgin Islands high landings of angelfish, squirrelfish, and wrasses were attributed to enhanced reporting resulting from modifications to the reporting forms that started in 2011. AMs in 2014 are preliminary because PR 2012 landings data is still pending. AMs triggered in 2013 AMs triggered in 2014

20. 20 The effect of the alternatives was analyzed by comparing recent landings to the ACLs. Alternative 2 – ‘SUBJECT TO OVERFISHING’ 2010 Stocks 2011 Stocks 1. U. S. Virgin Islands high landings of angelfish, squirrelfish, and wrasses were attributed to enhanced reporting resulting from modifications to the reporting forms that started in 2011. AMs in 2014 are preliminary because PR 2012 landings data is still pending. AMs triggered in 2013 AMs triggered in 2014 RegionSectorFMUYear or Years Landings Exceeded ACLPounds Over Puerto RicoCommercialSnapper Unit 22010-2011 Average132,063 St. CroixCommercialQueen Conch 2010-2011 Average25,030 St. Thomas/St. JohnsCommercialGrouper2010-2011 Average4,984 RegionSectorFMUYear or Years Landings Exceeded ACLPounds Over Puerto RicoCommercialWrasses20112,484 Puerto RicoRecreationalWrasses2011770 St. CroixCommercialAngelfish20118,156 St. CroixCommercialAngelfish2011-2012 Average11,036 St. CroixCommercialSpiny Lobster20118,363 St. CroixCommercialSquirrelfish20112,654 St. CroixCommercialSquirrelfish2011-2012 Average3,187 St. CroixCommercialTriggerfish and Filefish20112,861 St. CroixCommercialTriggerfish and Filefish2011-2012 Average962 St. CroixCommercialWrasses201142 St. CroixCommercialWrasses2011-2012 Average30 St. Thomas/St. JohnsCommercialAngelfish20119,383 St. Thomas/St. JohnsCommercialAngelfish2011-2012 Average8,242 St. Thomas/St. JohnsCommercialSquirrelfish20112,493 St. Thomas/St. JohnsCommercialSquirrelfish2011-2012 Average4,152 St. Thomas/St. JohnsCommercialWrasses20111,407 St. Thomas/St. JohnsCommercialWrasses2011-2012 Average1,339

21. The effect of the alternatives was analyzed by comparing recent landings to the ACLs. Alternative 2 – ‘NOT SUBJECT TO OVERFISHING’ or ‘UNKNOWN’ 2010 Stocks 2011 Stocks 1. U. S. Virgin Islands high landings of angelfish, squirrelfish, and wrasses were attributed to enhanced reporting resulting from modifications to the reporting forms that started in 2011. AMs in 2014 are preliminary because PR 2012 landings data is still pending. AMs triggered in 2013 AMs triggered in 2014 RegionSectorFMUYear or Years Landings Exceeded ACLPounds Over Puerto RicoCommercialSnapper Unit 22010-2011 Average123,480 St. CroixCommercialQueen Conch2010-2011 Average22,530 St. Thomas/St. JohnsCommercialGrouper2010-2011 Average1,934 RegionSectorFMUYear or Years Landings Exceeded ACLPounds Over Puerto RicoRecreationalWrasses2011489 St. CroixCommercialAngelfish20118,136 St. CroixCommercialAngelfish2011-2012 Average11,016 St. CroixCommercialSpiny Lobster20112,401 St. CroixCommercialSquirrelfish20112,647 St. CroixCommercialSquirrelfish2011-2012 Average3,180 St. CroixCommercialTriggerfish and Filefish20111,474 St. CroixCommercialWrasses201142 St. CroixCommercialWrasses2011-2012 Average30 St. Thomas/St. JohnsCommercialAngelfish20118,857 St. Thomas/St. JohnsCommercialAngelfish2011-2012 Average7,716 St. Thomas/St. JohnsCommercialSquirrelfish20112,257 St. Thomas/St. JohnsCommercialSquirrelfish2011-2012 Average3,917 St. Thomas/St. JohnsCommercialWrasses20111,374 St. Thomas/St. JohnsCommercialWrasses2011-2012 Average1,306 AMs in 2014 are preliminary because PR 2012 landings data is still pending.

22. The effects of Alternative 3 are the same as in Alternative 2 (all status scenarios) for all FMUs except those in Sub- alternatives 3a-3e: Parrotfish, surgeonfish, angelfish, queen conch, and aquarium trade

23. Status of the Stocks

24. FMU Individual OFL (lbs) Caribbean-Wide OFL (lbs) Puerto Rico St. Croix St. Thomas/St. John Sectors CommercialRecreational Queen Conch 403,349N/A107,7201,649512,718 Snapper SU 1334,923112,384 121,113157,3821,915,759 SU 2171,66640,953 SU 3406,79497,833 SU 4439,17133,540 Total1,352,554284,710 Grouper 208,83990,83935,80660,999396,483 Parrotfish 127,980N/A293,21948,818507,059 Table 1.6.1. Overfishing limits for stocks addressed in the 2010 and 2011 Caribbean ACL Amendments. FMU Individual OFL (lbs) FMU Caribbean- Wide OFL Puerto Rico St. Croix St. Thomas/ St. John Sectors CommercialRecreational Angelfish11,9785,98940610,529Tilefish16,269 Boxfish95,6835,1299,37030,978Aquarium trade10,873 Goatfishes19,5174024,184356 Grunts202,6625,58740,97941,797 Jacks95,62156,66817,21058,785 Porgies27,4882,8635,15324,243 Spiny Lobster364,355 119,230115,777 Squirrelfish18,5144,3231344,712 Surgeonfish9,5724,78644,80438,999 Triggerfish & Filefish64,97224,36527,75582,719 Wrasses60,1635,6118650

25. 1 Queen conch landings data is provided only for informational purposes as harvest of queen conch is prohibited in Puerto Rico federal waters. Recreational landings data for queen conch is not collected, therefore is not available. 2 Commercial landings for 2012 for Puerto Rico are not provided because they were not available at the time of preparation of this PHD 3 Caribbean-wide OFLs combine the individual OFLs from all islands/island groups and both the recreational and commercial sectors. FMU U.S. Virgin Islands (St. Croix (STX) and St. Thomas/St. John (STT/STJ) 20082009201020112012 Caribbean- Wide OFL (lbs) 2 STXSTT/STJSTXSTT/STJSTXSTT/STJSTXSTT/STJSTXSTT/STJ Queen Conch123,68185771,5571,32981,9171,57753,2101,93036,771592512,718 Snapper112,389145,18796,393143,61592,354121,18684,46376,25964,26253,6241,915,759 Grouper29,58556,91034,65068,60229,11760,80630,80053,17029,85341,184396,483 Parrotfish354,99739,613316,09433,049162,62334,010154,53123,289118,79817,224507,059 1 Queen conch landings data is provided only for informational purposes as harvest of queen conch is prohibited in St. Thomas/St. John federal waters. 2 Caribbean-wide OFLs combine the individual OFLs from all islands/island groups and both the recreational and commercial sectors. PR commercial and recreational landings, and USVI commercial landings in pounds (lbs) for the most recent years and Caribbean-Wide OFL for 2010 stocks. FMU Puerto Rico 20082009201020112012 Caribbean- Wide OFL (lbs) 3 CommRecCommRecCommRecCommRecComm 2 Rec Queen Conch 1 242,041--273,309--273,459--235,759--Not avail.--512,718 SU 1352,975123,831369,17947,995276,52842,068149,26833,760 Not avail. 36,456 1,915,759 SU 2261,99862,761239,9774,542384,87710,169218,8540 Not avail. 7,379 SU 3175,32173,852148,12739,344174,10835,193167,30320,874 Not avail. 41,070 SU 4365,86820,202222,69817,015215,40410,147151,2849,343 Not avail. 17,249 Grouper87,738114,76387,13531,63592,16221,50659,7157,800 Not avail. 18,677396,483 Parrotfish90,45048,12954,55549,61343,90910,49838,15410,280 Not avail. 9,452507,059

26. FMU Puerto Rico 20082009201020112012 1 OFL (lbs) CommRecCommRecCommRecCommRecCommRecComm.Rec. Angelfish000265000167NA011,9785,989 Boxfish51,3975,45458,9792,72157,31032640,3262,474NA1,40195,6835,129 Goatfishes5,21509,6567176,45906,812280NA13919,517402 Grunts69,5755,97684,5375,26165,6011,55639,9542,109NA3,603202,6625,587 Jacks104,49848,78888,38549,96267,58926,66935,52831,469NA57,66895,62156,668 Porgies28,3281,86123,53919615,69357619,6551,812NA1,65327,4882,863 Spiny Lobster329,227--322,992--289,609--274,318--NA--364,355-- Squirrelfish19,43015,46010,3851,1078,4058406,732754NA37018,5144,323 Surgeonfish01220600000NA09,5724,786 Triggerfish & Filefish 55,36162,52547,19417,72145,6506,16850,7141,970NA13,00564,97224,365 Wrasses54,98026,40467,18711,73759,42710,12253,6235,539NA3,23760,1635,611 Table 2.2.1.1.3. Puerto Rico commercial and recreational landings in pounds (lbs) for the most recent years of available information (2008-2011 Commercial sector, 2008-2012 Recreational sector) and Caribbean-Wide OFL for 2011 stocks.

27. FMU U.S. Virgin Islands (St. Croix (STX) and St. Thomas/St. John (STT/STJ) 20082009201020112012OFL (lbs) STXSTT/ STJSTXSTT/ STJSTX STT/ STJ STXSTT/ STJSTXSTT/ STJSTXSTT/ STJ Angelfish638,365999,07781510,5868,51018,33714,25316,04740610,529 Boxfish8,26833,0087,41830,3234,30225,8135,33515,7571,81912,2889,37030,978 Goatfishes1,775742,67894541527121752914,184356 Grunts39,83639,14446,78936,55732,51438,40734,41825,40224,76116,10240,97941,797 Jacks8,71556,19711,88168,47812,35846,04310,34135,0498,35545,52317,21058,785 Porgies5,69422,2874,24921,6035,18920,3872,6988,4981461445,15324,243 Spiny Lobster 148,003110,465149,908115,762139,685 114,57 7 109,75184,30286,91783,138119,230115,777 Squirrelfish773,792323,04572,3662,7686,5103,8349,8051344,712 Surgeonfish38,12737,40737,27431,71829,64531,92732,18719,29421,23115,07844,80438,999 Triggerfish & Filefish 32,69884,13138,73579,46930,71179,55526,46457,06722,64445,98927,75582,719 Wrasses068501,35902,517491,959241,8238650 Table 2.2.1.1.4. St. Croix and St. Thomas/St. John commercial landings in pounds (lbs) for the most recent five years of available information (2008-2012) and individual OFLs for 2011 stocks. 1 USVI high landings of angelfish, squirrelfish, and wrasses were attributed to enhanced reporting resulting from modifications to the reporting forms that started in 2011. FMU20082009201020112012OFL Tilefish002,59112223116,269 Aquarium trade1,0571,1991,2241,4991,46910,873 Landings in pounds (lbs) for the most recent five years of available information (2008-2012) and Caribbean-wide OFLs