1. Amendment 5 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan: Issues and Options Highly Migratory Species Management Division NMFS/NOAA October 2011

2. 2 Overview   Need for Action   Recent Shark Stock Assessments   Scalloped Hammerhead   Dusky   Sandbar   Blacknose   Possible Management Alternatives   Request for Comments

3. 3 Need for Action  New/updated stock assessments for scalloped hammerhead, dusky, sandbar, and blacknose sharks (76 FR 62331) indicate management measures are necessary to end overfishing and rebuild these stocks  New management measures must be implemented by April 28, 2013 (2 years from the overfished/overfishing declaration for scalloped hammerhead sharks)

4. 4 Stock Status Shark SpeciesOverfishedOverfishing Scalloped Hammerhead Yes * Dusky Yes Sandbar YesNo + Blacknose: South Atlantic Yes * Blacknose: Gulf of Mexico Unknown * *New stock status +Improved stock status from previous assessment

5. 5 Scalloped Hammerhead Shark  Scalloped hammerhead sharks determined to be overfished (45% of B MSY ) with overfishing occurring (129% of F MSY ) by NMFS on April 28, 2011 (76 FR 23794)  Determination based on Hayes et al., 2009  Stock is estimated to be 17% of virgin stock size  An annual TAC of 2,853 sharks is estimated to allow a 70% probability to rebuild the stock in 10 years  20% mortality reduction from 2009 commercial landings, recreational landings, and dead discards 2011 Determination: Overfished; Overfishing occurring

6. 6 Dusky Shark Dusky Shark  Dusky sharks continue to be overfished (44% of B MSY ) with overfishing occurring (159% of F MSY )  Results based on 2010/2011 Final SEDAR assessment; previous assessment conducted in 2006  An estimated fishing mortality rate of 0.02 may provide a 70% chance of rebuilding by 2099 (F 2009 =0.06); previous assessment estimated rebuilding by 2400  2/3 reduction in fishing mortality relative to 2009  Current fishing mortality is estimated to have a low probability (11%) of rebuilding the stock by 2408  TAC ≤ 9.1 mt dw 2011 Final SEDAR stock assessment: Overfished; Overfishing occurring

7. 7 Sandbar Shark Sandbar Shark  Sandbar sharks continue to be overfished (65% of B MSY )  Overfishing is no longer occurring (62% of F MSY )  Results based on 2010/2011 Final SEDAR stock assessment; update of 2005/2006 SEDAR 11 assessment  Year rebuild improved from the previous assessment from 2070 to 2066, but stock is slightly more overfished ( 72% to 65% of B MSY )  There is a greater than 70% probability that the stock will rebuild by 2070 with a 2009 TAC (220 mt) 2011 Final SEDAR stock assessment: Overfished; Overfishing not occurring Overfished; Overfishing not occurring

8. 8 Atlantic Blacknose Shark Atlantic Blacknose Shark  Atlantic blacknose sharks are overfished (60% of B MSY )  Overfishing is occurring (>500% of F MSY )  Results based on 2010/2011 Final SEDAR assessment, now assessed as two stocks (Atlantic and Gulf of Mexico); 2007 assessment assessed as one stock  An annual TAC of 7,300 sharks allows for a 70% probability to rebuild the stock by 2043  Current TAC is 19,200 sharks for the Atlantic and Gulf of Mexico combined. (current rebuilding estimated at 70% probability by 2027) 2011 Final SEDAR stock assessment: Overfished; Overfishing occurring

9. 9 Gulf of Mexico Blacknose Shark  2010/2011 Final SEDAR assessed as two stocks (Atlantic and Gulf of Mexico), the previous assessment in 2007 assessed the stock as one population  In the final assessment the model was unable to fit trends in some abundance indices  Fundamental lack of fit of some of the input data to the model  Review Panel did not accept the stock assessment for Gulf of Mexico blacknose sharks, therefore stock status has been determined to be unknown  Current TAC is 19,200 sharks for the Atlantic and Gulf of Mexico combined. (current rebuilding estimated at 70% probability by 2027) 2011 Final SEDAR stock assessment: Overfished Unknown; Overfishing Unknown

10. 10 Possible Management Measures

11. 11 Scalloped Hammerhead Shark  Overfished with overfishing occurring, yet generally not directly targeted in commercial shark fisheries  Extremely high at-vessel mortality level in the bottom longline shark fishery (>90%).  Recreational landings estimates of scalloped hammerheads averaged ~1,000 sharks per year from 2006-2009  At-vessel mortality rate in the shark gillnet fishery is estimated to be ~75%  Retention in ICCAT fisheries (com and rec) is now prohibited (Sept. 28, 2011) Overfished; Overfishing occurring Challenges:

12. 12 Scalloped Hammerhead Shark  Development of a TAC and ACL for scalloped hammerhead sharks, and creating appropriate quotas  Gear restrictions (e.g., limits on BLL mainline length, number of hooks, soak time)  Time/area closures – commercial and/or recreational?  Gear tending requirements  Individual commercial quota for scalloped hammerhead sharks – linked or not linked with non-sandbar LCS quota?  Bag/Trip limits for commercial and/or recreational fisheries  Gear technology (e.g., weak hooks, electropositive metals)  Retention prohibition  Add to research fishery priorities  Others? Potential Measures: Overfished; Overfishing occurring

13. 13 Dusky Shark  Prohibited from commercial and recreational harvest, but F needs to be reduced by 2/3 to reach rebuilding goals  Prohibited species that is not targeted  Generally have a high at-vessel mortality rate (~75% on bottom longline gear; ~50% on pelagic longline gear)  Time/Area closures, gear and soak time restrictions, gear technology may be able to reduce F  Other suggestions? Challenges and Potential Measures: Overfished; Overfishing occurring

14. 14 Sandbar Shark  Currently prohibited from recreational harvest; commercial harvest limited to the shark research fishery  Current TAC has >70% probability of rebuilding the stock by 2070  Need to take additional measures? Overfished; Overfishing not occurring Challenges and Potential Measures:

15. 15 Blacknose Shark  Final assessment has split the stocks  Two different stock status results to address  Options for TAC allocations under this scenario:  Consider regional allocations based on current TAC and recommended Atlantic blacknose TAC  Reconsider linking blacknose quota to SCS commercial quota  Reconsider recreational size/bag limits  Consider blacknose a priority in the research fishery Atlantic: Overfished; Overfishing occurring Gulf of Mexico: Overfished Unknown; Overfishing Unknown Challenges and Potential Measures:

16. 16 Request for Comments Please submit comments to: http://www.regulations.gov NOAA-NMFS-2011-0229 Keyword - “NOAA-NMFS-2011-0229” Comments can also be submitted via fax: 301-713-1917, Attn: Peter Cooper Or Mail: NMFS SF1, 1315 East-West Highway, Silver Spring, MD 20910 Please identify comments with: “Scoping Comments on Amendment 5 to the HMS FMP” For more information go to: http://www.nmfs.noaa.gov/sfa/hms/FMP/AM5.htm http://www.nmfs.noaa.gov/sfa/hms/FMP/AM5.htm

17. 17 Scoping Meetings DateTimeLocationAddress October 117 - 9 p.mDolce Seaview Resort 401 South New York Road, Galloway, NJ October 265 - 7 p.mBelle Chasse Auditorium 8398 HWY. 23 Belle Chasse, LA November 24:30 - 6:30 p.m SEFSC Panama City Laboratory 3500 Delwood Beach Drive, Panama City, FL November 34:30 - 6:30 p.m Fort Pierce Branch Library 101 Melody Lane, Fort Pierce, FL December 74:30 - 6:30 p.m NCDMF Central District Office 5285 HWY. 70 West/Arendell Street, Morehead City, NC December 152 - 4 p.mConference CallCall: 888-989-7538; Passcode: 3994893

18. 18 Amendment 5 Timeline   Comment period for scoping: Dec. 31, 2011   Predraft to AP: Early 2012   Proposed Rule and EIS: Mid-2012   Final EIS: Late 2012 / Early 2013   Final Rule: Early 2013

19. HMS Management Recent Actions December 14, 2011

20. 20  Provide brief update on recent actions  Amendment 4 to the Consolidated HMS FMP  Amendment 6 to the Consolidated HMS FMP  Electronic Dealer Reporting System (eDealer) Goals

21. 21 Need for Action  NMFS believes there is increasing interest in HMS in the U.S. Caribbean.  NMFS recognizes that many HMS regulations established for the continental United States do not well fit the Caribbean region.  NMFS is developing an amendment to address the issues that are unique to the Caribbean, such as improving the permitting process and data collection and enhancing enforcement of regulations.  Such changes are needed to ensure compliance with U.S. regulations and that the United States is in compliance with multilateral treaties relating to HMS. Amendment 4

22. 22 The Amendment Process Purpose: NMFS is considering changes to some of the regulations that would apply to the U.S. Caribbean Region  Notice of Intent (73 FR 30381)  Scoping (73 FR 40301)  Findings from the scoping process are summarized in a Predraft  Notice of Intent to Prepare and Environmental Assessment (EA) for Amendment 4 - July 13, 2011 (76 FR 41216)  NMFS is currently developing a draft EA and proposed rule. The public will be provided opportunity to comment on the draft EA and proposed rule.  NMFS will address and consider the public’s comments and designate the preferred management measures in a final EA and implement those measures in a final rule. Amendment 4

23. 23 Scoping: Summer/Fall 2008 Outreach Documents: Spring 2009 Predraft: Summer 2009 Draft EA and Proposed Rule: Winter 2012, 90 day comment period Next Steps

24. 24 Amendment 6 Catch Shares for Atlantic Shark Fisheries

25. 25  NMFS is considering implementing a catch share program for the Atlantic shark fisheries  Control Date – September 16, 2011  Please DO NOT request your landings history at this time  Feedback on Catch Share Design Elements for the Atlantic Shark Fishery*  Workshops  End of Comment Period- March 31, 2012 Amendment 6 Commercial quota My Share Notice of Intent (76 FR 57709) *NOTE: Topics are discussed more fully in the Catch Shares White Paper for the Atlantic Shark Fisheries.

26. 26 Design elements Design elements ElementDescriptionFeedback RegionGulf of Mexico (GOM), Atlantic (ATL) Should NMFS include all regions or only GOM? Resource unitSpecies, stocks, or aggregations with a total allowable catch (TAC) Which species, species complexes, and gears should be included? Limit to commercial or include the recreational fishery as well? Initial AllocationDetermines distribution of shares among participants. The allocation formula/method selected affects eligibility to receive an allocation. Which allocation formula / method should be used to determine initial allocation? EligibilityThe entities eligible to receive an initial allocation and subsequent transfer. Should the catch share program limit eligibility to substantial participants in the fishery or adhere to more general criteria?

27. 27 Design elements Design elements ElementDescriptionFeedback Additional Management Measures Duration; Transferability (e.g., Trading/selling shares); Monitoring and data recovery (e.g., Logbooks, Vessel Monitoring Systems (VMS)); Enforcement; and Cost recovery. How should NMFS move forward with these implementation management measures? NMFS requests feedback for the following catch share design elements for the Atlantic Shark Fisheries

28. 28 Workshops DateTimeMeeting LocationAddress 12/6/20115:00 – 8:00Cocoa Beach Library 550 N. Brevard Ave Cocoa Beach, FL 32931 12/13/20115:00 – 8:00Gulf Beaches Library 200 Municipal Dr. Madeira Beach, FL 33708 1/12/20126:00 – 9:00 Barnegat Branch Library 112 Burr St Barnegat, NJ 08005 1/31/20126:00 – 9:00 Belle Chasse Auditorium 8398 Highway 23 Belle Chasse, LA 70037 2/16/20125:00 – 8:00Manteo Town Hall 407 Budleigh St Manteo, NC 27954

29. 29 Scoping Workshops – Fall 2011/Spring 2012 Pre-Draft – Mid 2012 Proposed Rule – TBD Final Rule - TBD Next Steps

30. 30 HMS Electronic Dealer (eDealer) Reporting System

31. 31 Modify existing reporting requirements for all Federal Atlantic HMS dealers* to: Allow timely, efficient, and accurate dealer Allow timely, efficient, and accurate dealer reporting; and reporting; and Improve quota monitoring of Atlantic HMS Improve quota monitoring of Atlantic HMS Proposed Rule published: June 28, 2011 (76 FR 37750) Proposed Rule published: June 28, 2011 (76 FR 37750) Comment Period Ended: August 12, 2011 Comment Period Ended: August 12, 2011 Hearings in Peabody, MA; Bronx, NY; Atlantic City, NJ, Manteo, Hearings in Peabody, MA; Bronx, NY; Atlantic City, NJ, Manteo, NC; Panama City, Orlando, Miami, FL; & Kenner, LA NC; Panama City, Orlando, Miami, FL; & Kenner, LA Received 35 comments submitted via fax, phone, mail, or internet Received 35 comments submitted via fax, phone, mail, or internet eDealer * includes only shark, swordfish, and bigeye, albacore, yellowfin, and skipjack (BAYS) tuna dealers; does not include BFT dealers.

32. 32 1)Electronic dealer (eDealer) reporting requirement All dealers would report commercially-harvested Atlantic HMS, other than BFT, through an eDealer system on a more frequent basis. 2)First receiver requirement All first receivers of commercially-harvested Atlantic HMS (including extensions of a dealer's place of business, such as a truck) would need to obtain the appropriate HMS dealer permit. All first receivers of commercially-harvested Atlantic HMS (including extensions of a dealer's place of business, such as a truck) would need to obtain the appropriate HMS dealer permit. 3)Timely dealer report requirement Dealers would only be authorized to receive commercially-harvested HMS if they have submitted timely reports to NMFS. Dealers would only be authorized to receive commercially-harvested HMS if they have submitted timely reports to NMFS. Proposed Rule Published: June 28, 2011 (76 FR 37750)

33. 33 Proposed Rule eDealer: Reporting frequency Species/ ComplexCurrent Regulations Proposed rule* Criteria SharksBi-weekly Daily Fishing season open for: -non-sandbar large coastal sharks (LCS), -blacknose sharks, and -non-blacknose small coastal sharks (SCS) WeeklyFishing season closed for: -LCS -blacknose sharks -SCS *Notice will be published in the Federal Register with at least 3 calendar days notice of any changes in required reporting frequency. Dealers would also be notified by e-mail, and notices would be available on the HMS Management Division's webpage.

34. 34 Proposed Rule eDealer: Reporting frequency Species/ Complex Current Regulations Proposed rule*Criteria Swordfish BAYS tunas Bi-weeklyWeeklyFishing season for both fisheries open Daily80% of the swordfish directed fishery quota is attained or as necessary for BAYS tunas management *Notice will be published in the Federal Register with at least 3 calendar days notice of any changes in required reporting frequency. Dealers would also be notified by e-mail, and notices would be available on the HMS Management Division's webpage.

35. 35 Alternatives AlternativeeDealerReporting FrequencyFirst receiverTimely Dealer Reporting Eff. date after rule publishes Cost A1- Status quo Bi-weeklyonly shark dealers (exc. for transport) $50 – $75 for dealer permit(s) A2XFlexible (e.g., weekly/daily; depending on criteria) sharks, swordfish, and BAYS tuna dealers (including transport) X30 days $50 – $75 for dealer permit(s) Computer $615 Internet service $50 - $99 per month A3 (Preferred alternative) XFebruary 2012 A4X WeeklyFebruary 2012

36. 36 Proposed Rule – Fall 2011 Final Rule – Winter 2012 Next Steps  Rule effective in early 2012  Delaying implementation to allow for outreach with dealers regarding new reporting system  Providing eDealer Training Workshops

37. 37 Training Workshop Date: December 14, 2011 Location: CFMC meeting room Time: 6:00 – 8:00pm Presenter: Claude Peterson, Bluefin Data LLC Purpose: Introduce and train dealers in the new eDealer reporting system (Caribbean version) NMFS will hold additional workshops that will be announced through a notice

38. 38 Summary Upcoming HMS Rulemaking OverviewDatesPoint of Contact Amendment 4Considers changes to some of the regulations that would apply to the U.S. Caribbean Region Draft EA and Proposed Rule – Winter 2012- 90 day comment period Greg Fairclough (727) – 824-5399; Amendment 6Considers a catch share program for the Atlantic shark fisheries Scoping Workshop –Fall 2011- /Spring 2012 Pre-Draft – Mid 2012 Proposed Rule-TBD Final Rule- TBD CPE- March 31, 2012 LeAnn Southward-Hogan and Guy Dubeck – 301-427-8503 Electronic HMS Dealer Reporting (eDealer) Considers requiring all·Federally- permitted Atlantic HMS dealers to report commercially- harvested Atlantic sharks, swordfish, and BAYS tunas to NMFS through an electronic reporting system on a more frequent basis. Proposed Rule: published 6/28/11, CPE-8/12/11 Working on Final Rule Implementation: 2012 Delisse Ortiz (301)-427-8503 and Jackie Wilson (240) 338-3936