Allowable Catch LimitsAllowable Catch Limitsfor Virgin Islands for Virgin Islands

FisheriesFisheries

Going Beyond Simple Landings Going Beyond Simple Landings Averages, Anecdotal Data On Species Averages, Anecdotal Data On Species

Groups and “One Size Fits All” Groups and “One Size Fits All” Management Proposals To Stock Management Proposals To Stock Complex Management of Stable Complex Management of Stable

Virgin Islands FisheriesVirgin Islands Fisheries

The Goal of the MSRA is to The Goal of the MSRA is to Prevent OverfishingPrevent Overfishing

104-297(34) The terms "overfishing" and

“overfished" mean a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis.

While Achieving the Optimum While Achieving the Optimum Yield from the ResourceYield from the Resource

104-297104-297 (33) The term "optimum", with respect to the yield from a (33) The term "optimum", with respect to the yield from a

fishery, means the amount of fish which—fishery, means the amount of fish which—– (A) will provide the (A) will provide the greatest overall benefit to the greatest overall benefit to the

Nation, particularly with respect to Nation, particularly with respect to food food productionproduction and and recreational recreational opportunitiesopportunities, and taking into account the , and taking into account the protection of marine ecosystems;protection of marine ecosystems;

– (B) is prescribed as such on the basis of the maximum (B) is prescribed as such on the basis of the maximum sustainable yield from the fishery, as reduced by any sustainable yield from the fishery, as reduced by any relevant economic, social, or ecological factor; andrelevant economic, social, or ecological factor; and

– (C) in the case of an overfished fishery, provides for (C) in the case of an overfished fishery, provides for rebuilding to a level consistent with producing the rebuilding to a level consistent with producing the maximum sustainable yield in such fishery.maximum sustainable yield in such fishery.

MSRA Management Reference PointsMSRA Management Reference PointsOFL OFL >> ABC ABC >> ACL ACL >> ACT ACT

Account for scientific uncertainty in Account for scientific uncertainty in estimating the true OFL. Recommend: OFL > estimating the true OFL. Recommend: OFL > ABCABC

The ACL may not exceed the ABC. The ACL may not exceed the ABC. – ABC is one of the “fishing level ABC is one of the “fishing level

recommendations” under MSA recommendations” under MSA §§ 302(h)(6). 302(h)(6). Account for management uncertainty in Account for management uncertainty in

controlling the actual catch to the target. controlling the actual catch to the target. Recommend: ACL >Recommend: ACL > ACT ACT

Cat

ch i

n T

on

s o

f a

Sto

ck

Incr

easi

ng

Year 1

Annual Catch Limit

Acceptable Biological Catch

Overfishing Limit

Annual Catch Target

Corresponds with MSY

Should achieve OY

Impacts on Virgin Islands*Impacts on Virgin Islands* ACLG Overfishing LimitsACLG Overfishing Limits

– St. Thomas/St. John- 711,016 lbsSt. Thomas/St. John- 711,016 lbs– St. Croix- 678,958 lbsSt. Croix- 678,958 lbs

2006 Landings2006 Landings– St. Thomas/St. John- 730,421 lbsSt. Thomas/St. John- 730,421 lbs– St. Croix- 1,075,561 lbsSt. Croix- 1,075,561 lbs

% Reduction% Reduction– St. Thomas/St. John- 2.6%St. Thomas/St. John- 2.6%– St. Croix- 36.8%St. Croix- 36.8%

* Proposed ACL values will be 25-35% lower

Timetables Leading to RushTimetables Leading to Rush

“In practical terms, given the time it takes to prepare and implement an FMP amendment, if the status of one or more stocks in a fishery at the end of 2008 is ‘‘subject to overfishing,’’ Councils should submit ACL and AM mechanisms and actual ACLs for that fishery to be effective in fishing year 2010. If overfishing is determined to be occurring in a fishery in 2009, Councils should submit ACL and AM mechanisms and actual ACLs for that fishery

to be effective in fishing year 2010, if possible, or in fishing year

2011, at the latest. All fisheries must have ACL and AM

mechanisms and actual ACLs by the fishing year 2011, and beyond.”

Source: ACL Guidelines

CFMC “Overfished” FMUsCFMC “Overfished” FMUs

Undergoing Overfishing:Undergoing Overfishing: – GROUPER UNIT 1 (NASSAU GROUPER)GROUPER UNIT 1 (NASSAU GROUPER)– GROUPER UNIT 4 (TIGER GROUPER, YELLOWFIN GROUPER UNIT 4 (TIGER GROUPER, YELLOWFIN

GROUPER, MISTY GROUPER, RED GROUPERGROUPER, MISTY GROUPER, RED GROUPER)– PARROTFISHESPARROTFISHES– SNAPPER UNIT 1 (SNAPPER UNIT 1 (BLACK SNAPPER, BLACKFIN BLACK SNAPPER, BLACKFIN

SNAPPER, SILK SNAPPER, VERMILION SNAPPER)SNAPPER, SILK SNAPPER, VERMILION SNAPPER)– QUEEN CONCHQUEEN CONCH

Overfished:Overfished: Grouper Unit 4 Grouper Unit 4

““Overfishing” in the CFMC Area Overfishing” in the CFMC Area Needs ReexaminationNeeds Reexamination

Overfishing determination based on data Overfishing determination based on data prior to VI CCR data availability.prior to VI CCR data availability.

Council Decision to consider Council Decision to consider STT-STJ/STX/PR Separately.STT-STJ/STX/PR Separately.

No consideration of actions taken in SFA.No consideration of actions taken in SFA. ““Overfishing” in one area does not Overfishing” in one area does not

necessarily mean overfishing in all areas.necessarily mean overfishing in all areas. Data may indicate needs for priority Data may indicate needs for priority

management in one area but not in others. management in one area but not in others.

Not targetedCurrently Regulated

New Data Available

Not fished-Ciguatoxic

Ault, J .D., S.G. Smith, J . Luo, M.E. Monaco and R. S. Appledoorn. 2008. Length-based assessment of sustainability benchmarks for coral reef fishes in Puerto Rico. Environ. Conservation 35(3): 221-231.

% Frequency Landings

0%

5%

10%

15%

20%

25%

30%

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

St. Thomas

St. Croix

Rank Species Abundance

St. Thomas and St. Croix St. Thomas and St. Croix have significant differenceshave significant differences

ACLs Required for FisheryACLs Required for Fishery

The MSA, as amended by MSRA, requires The MSA, as amended by MSRA, requires that a Council shall develop ACLs ‘‘for each that a Council shall develop ACLs ‘‘for each of its of its managed managed fisheriesfisheries’’(see MSA ’’(see MSA section 302(h)(6)) and as noted earlier, section 302(h)(6)) and as noted earlier, that each FMP have a mechanism for that each FMP have a mechanism for specifying ACLs ‘‘at a level such that specifying ACLs ‘‘at a level such that overfishing does not occur in the overfishing does not occur in the fisheryfishery’’ ’’ (see MSA section303(a)(15)). Consistent (see MSA section303(a)(15)). Consistent with these sections of the MSA, the with these sections of the MSA, the proposed NS1 guidelines provide that ACLs proposed NS1 guidelines provide that ACLs and AMs are needed for each and AMs are needed for each ‘‘fishery’’‘‘fishery’’ under federal FMP management, under federal FMP management,

Fishery Not = StockFishery Not = Stock 99-659, 101-627 (13) The term "fishery" means—

– (A) one or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographical, scientific, technical, recreational, and economic characteristics; and

– (B) any fishing for such stocks.

Source: MSRA

ACLs Not Required ACLs Not Required For Each StockFor Each Stock

MSRA clearly sets out options for MSRA clearly sets out options for management by:management by:– Single Species StocksSingle Species Stocks– Stock ComplexesStock Complexes– Indicator Species for Stock Indicator Species for Stock

ComplexesComplexes

NOAA Fisheries/ACL Group is NOAA Fisheries/ACL Group is Wedded to Single “Stock” ACLsWedded to Single “Stock” ACLs

VI CCR data on species groups is anecdotal VI CCR data on species groups is anecdotal and without firm quantitative basis.and without firm quantitative basis.

TIP data is uneven and has sample size TIP data is uneven and has sample size issues.issues.

Time period for ACLs (1994-2002) is Time period for ACLs (1994-2002) is unnecessarily short as VI CCR data has unnecessarily short as VI CCR data has been stable since 1978 for most fisheries.been stable since 1978 for most fisheries.

Arbitrary determinations-Landing averages Arbitrary determinations-Landing averages for most fish, arbitrary selection of 50,000 for most fish, arbitrary selection of 50,000 lbs for conch, parrot fish ignored.lbs for conch, parrot fish ignored.

Single Stock ACLs Not Appropriate Single Stock ACLs Not Appropriate to CFMC Areato CFMC Area

Main fisheries are complex reef fisheries Main fisheries are complex reef fisheries (over 75 species) whose individual stocks (over 75 species) whose individual stocks vary in abundance from year to year.vary in abundance from year to year.

Fails to distinguish between long term Fails to distinguish between long term stable fisheries and those undergoing stable fisheries and those undergoing rapid expansion of effort.rapid expansion of effort.

Fails to incorporate resource detail which Fails to incorporate resource detail which is available to indicate stock status.is available to indicate stock status.

Fails to build in partnerships with local Fails to build in partnerships with local governments.governments.

Olewife,Parrot,Grunt Landings

0

20,000

40,000

60,000

80,000

100,000

120,000

1978

1980

1982

1984

1986

1988

1990

1992

1994

1996

1998

2000

2002

2004

2006

Year

Lb

s.

Triggerfish

Parrotfish

Grunt

.

6 exceedences

12

16 exceedences

11 exceedences

Annual Patterns for “Stocks” Differ Exceedences

Source: St. Thomas CCR Data, ACLG Values for OFL.

Expands Need for Expands Need for Accountability MeasuresAccountability Measures

All part of trap fishery.All part of trap fishery. All stable over long term.All stable over long term. Cannot manage one without affecting Cannot manage one without affecting

effort for others.effort for others. Triggerfish would be affected by Triggerfish would be affected by

exceedences in parrotfish and grunts.exceedences in parrotfish and grunts. Accountability measures required to Accountability measures required to

account for 16 exceedences, possibility account for 16 exceedences, possibility of non-overlap between years.of non-overlap between years.

VI ACL StrategyVI ACL Strategy Trap fisheriesTrap fisheries have been stable for nearly 30 years. have been stable for nearly 30 years.

Complex (more than 75 species). Should have single Complex (more than 75 species). Should have single “Stock Complex” ACL that reflects stability of fishery.“Stock Complex” ACL that reflects stability of fishery.

Yellowtail, JacksYellowtail, Jacks are mainly handline and seine net are mainly handline and seine net fisheries. Highly subject to weather. Single species fisheries. Highly subject to weather. Single species ACL that reflects that landings not always determined ACL that reflects that landings not always determined by effort and includes S/F data.by effort and includes S/F data.

Lobster.Lobster. Single species ACL that reflects stability of Single species ACL that reflects stability of S/F over 37 years and protection afforded by size limit.S/F over 37 years and protection afforded by size limit.

Conch.Conch. ACL should reflect overfishing in St. Croix and ACL should reflect overfishing in St. Croix and absence of Conch fishery on St. Thomas.absence of Conch fishery on St. Thomas.

Deep water snappers.Deep water snappers. ACL for St. Croix reflects ACL for St. Croix reflects existing current fishery but does not reflect minimal St. existing current fishery but does not reflect minimal St. Thomas fishery.Thomas fishery.

ACLs should reflect that landings are driven by ACLs should reflect that landings are driven by market forces as much as resource market forces as much as resource considerations.considerations.

ACLs should not preclude development ACLs should not preclude development of underutilized resources.of underutilized resources.

Performance Standard for ACLsPerformance Standard for ACLsNMFS GuidelinesNMFS Guidelines

NMFSNMFS proposes a performance proposes a performance standard such that if catch of a stock standard such that if catch of a stock exceeds its ACLexceeds its ACL more often than more often than once in the last four years (i.e., more once in the last four years (i.e., more often than 25 percent of the time), often than 25 percent of the time), then the system of ACLs, ACTs and then the system of ACLs, ACTs and AMs should be re-evaluated to AMs should be re-evaluated to improve its performance and improve its performance and effectiveness (see § 600.310(g)(3) in effectiveness (see § 600.310(g)(3) in this proposed action).this proposed action).

Performance Standard for ACLsPerformance Standard for ACLsCFMCCFMC

The The CFMCCFMC voted that the ACLs voted that the ACLs should set at a level that will prevent should set at a level that will prevent landings from exceeding the landings from exceeding the Overfishing LimitOverfishing Limit more than once more than once every four years.every four years.

VI supports that overfishing = VI supports that overfishing = exceeding OFL.exceeding OFL.

The Lower an ACL is Set, The More The Lower an ACL is Set, The More Frequently it will be exceededFrequently it will be exceeded

(Self-Fulfilling Prophesy)(Self-Fulfilling Prophesy) Currently, NMFS is simply trying to Currently, NMFS is simply trying to

calculate buffers to insure that OFL will calculate buffers to insure that OFL will not be exceeded without considering not be exceeded without considering impacts on stakeholders.impacts on stakeholders.

Since overfishing is defined as Since overfishing is defined as exceeding the OFL, ACLs should be set exceeding the OFL, ACLs should be set at a level close to OFL but low enough at a level close to OFL but low enough that 75% of the time landings will be that 75% of the time landings will be lower than the OFL.lower than the OFL.

This will allow for Opimum Yield and This will allow for Opimum Yield and protect resource.protect resource.

ACL ProposalACL Proposal Revisit OFL values for each island Revisit OFL values for each island

using longest possible time series.using longest possible time series. Calculate exceedences over whole Calculate exceedences over whole

periodperiod Calculate average for exceeded Calculate average for exceeded

years only (remainder =0)years only (remainder =0) ACL=(Mean Landings – Average (of ACL=(Mean Landings – Average (of

Exceedences)Exceedences) Check for 25% CriteriaCheck for 25% Criteria Adjust if necessaryAdjust if necessary

ACL for St. Thomas/St. John ACL for St. Thomas/St. John Trap FisheryTrap Fishery

St. Thomas/St. John OFL from ACLG St. Thomas/St. John OFL from ACLG (sum of reef fish landings plus trap (sum of reef fish landings plus trap yellowtail and trap bycatch of yellowtail and trap bycatch of jacks).jacks).– OFL =418,686 lbs.OFL =418,686 lbs.– Trap Yellowtail = 5,174 lbsTrap Yellowtail = 5,174 lbs– Trap bycatch of Jacks = 3,696 lbsTrap bycatch of Jacks = 3,696 lbs– Total Trap OFL =427,556 lbs.Total Trap OFL =427,556 lbs.– STFA Estimate = 424,400-433,849STFA Estimate = 424,400-433,849

OFL-Landings(St. Thomas Fish Trap Fishery)

-150,000

-100,000

-50,000

0

50,000

100,000

1978

1980

1982

1984

1986

1988

1990

1992

1994

1996

1998

2000

2002

2004

2006

Year

Poun

ds

Overfishing (Average Exceedence =3,894 lbs)

Below OFL (Average=-45,857 lbs)

OFL - LandingsSt. Croix Trap Fishery

(200,000)

(150,000)

(100,000)

(50,000)

-

50,000

100,000

150,000

1975

1977

1979

1981

1983

1985

1987

1989

1991

1993

1995

1997

1999

2001

2003

2005

Year

Lbs

Overfishing (Average Exceedence =24,207 lbs)

Below OFL (Average=-19,149 lbs)

OFL = 160,613 lbs

St. Croix Trap and SCUBA Trips

-

1,000

2,000

3,000

4,000

5,000

6,000

7,000

1975

1977

1979

1981

1983

1985

1987

1989

1991

1993

1995

1997

1999

2001

2003

2005

Year

# Tr

ips

Trap Trips

SCUBA Trips

St. Croix Trap and SCUBA Reef Fish Landings

-

100,000

200,000

300,000

400,000

500,000

600,000

Year

# L

bs

SCUBA Landings

Trap Landings

St. Croix Trap and SCUBA Lobster Landings

-

20,000

40,000

60,000

80,000

100,000

120,000

140,000

160,000

Year

# Tr

ips

SCUBA Landings

Trap Landings

STT Seine Net Landings

-20,00040,00060,00080,000

100,000120,000140,000

Year

Land

ings

(Lbs

)

VI Yellowtail Landings

0

20,000

40,000

60,000

80,000

100,000

120,000

140,000

160,000

1976

1979

1982

1985

1988

1991

1994

1997

2000

2003

2006

Year

Lb

s.

St. Thomas

St. Croix

ST/StJ OFL= 122,927 lbs. St.X OFL =75,982 lbs.

YEAR

VI J ack Landings

0

10,000

20,000

30,000

40,000

50,000

60,000

70,000

80,000

1976

1978

1980

1982

1984

1986

1988

1990

1992

1994

1996

1998

2000

2002

2004

2006

Year

Lbs.

St. Thomas

St. Croix

OFL = 60,890 lbs

OFL = 15,063 lbs

VI Spiny Lobster Landings

0

20,000

40,000

60,000

80,000

100,000

120,000

140,000

160,000

1976

1979

1982

1985

1988

1991

1994

1997

2000

2003

2006

Year

Lb

s.

St. Thomas

St. Croix

OFL = 97,526 lbs

OFL = 75,982 lbs

In St. Croix Successful In St. Croix Successful Management Will Require Management Will Require Management of Effort, Not Management of Effort, Not Setting of Quotas. This Will Setting of Quotas. This Will

Require Partnership with Require Partnership with Territorial Government.Territorial Government.

St. Thomas/ St. John St. Thomas/ St. John Management Should Reflect Management Should Reflect

Stability of Fisheries Over Stability of Fisheries Over TimeTime

Resolution of ImpasseResolution of Impasse NMFS needs to recognize need for different NMFS needs to recognize need for different

strategies between each of the islands.strategies between each of the islands. NMFS needs to be open to suggestions from NMFS needs to be open to suggestions from

affected parties.affected parties. ACLG is too large and has non-essential ACLG is too large and has non-essential

participants.participants. Overfished stocks determination needs to Overfished stocks determination needs to

be reexamined in light of:be reexamined in light of:– Island separation decision by Council.Island separation decision by Council.– SFA actions.SFA actions.– VI data availability.VI data availability.– Historic and recent data from studies.Historic and recent data from studies.

NMFS needs to recognize impacts on NMFS needs to recognize impacts on stakeholders and include effort to minimize stakeholders and include effort to minimize such impacts.such impacts.

VI ActionsVI Actions Improve data entry so that “real Improve data entry so that “real

time” estimates of landings are time” estimates of landings are possible.possible.

Project Annual Landings and adjust Project Annual Landings and adjust fishing effort in season.fishing effort in season.

Close fisheries to avoid exceeding Close fisheries to avoid exceeding OFL.OFL.

Continue co-management.Continue co-management. Compatibility of Territorial and Compatibility of Territorial and

Federal licensing and enforcement.Federal licensing and enforcement.

CFMC ActionsCFMC Actions Direct ACLG to present ACLs for Stock Direct ACLG to present ACLs for Stock

Complexes and (possibly) indicator Complexes and (possibly) indicator species for each island’s fisheries.species for each island’s fisheries.

Direct NOAA Fisheries to examine all Direct NOAA Fisheries to examine all available data sources, not just CCR available data sources, not just CCR and TIP.and TIP.

Consider Ault et. al examination for Consider Ault et. al examination for Virgin Islands and expand for other PR Virgin Islands and expand for other PR species.species.

Remember obligations to Remember obligations to constituencies as well as to resources.constituencies as well as to resources.

Keep an open mind and not get Keep an open mind and not get steamrollered by NMFS.steamrollered by NMFS.