modifications to the harbor porpoise take reduction plan - Northeast ...

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equirements of the seasonal pinger and closure requirements of the relevant management areas (Mid-Coast, Massachusetts Bay, and Stellwagen Bank Management Areas). If the harbor porpoise bycatch rate, averaged over the three areas and the most current two management years, exceed 0.031 harbor porpoise takes per observed metric tons of landings (takes/mtons), the Coastal Gulf of Maine Consequence Area would be closed in October and November of each year. The October 1 through November 30 closure would remain in place until ZMRG is achieved or until the HPTRT and NMFS develop and establish new management measures. Outside of the closure period or area, pinger requirements for the three individual areas and the March closure in the Massachusetts Bay Management Area would be maintained. As discussed in Section 1, compliance with the pinger measures eroded quickly after the HPTRP regulations were first implemented. Outreach, along with the “incentive” of an increased enforcement presence in the management areas, rapidly improved compliance. However, compliance has never been observed above 80% in New England waters. Participants on the HPTRT agreed that the development of a plan with serious consequences for non-compliance was required to ensure that pingers would be used and maintained by New England gillnet fishermen. Rather than punitively implementing immediate closures due to past poor compliance with the pinger requirements, the proposed measures provide gillnet fishermen with an opportunity to achieve compliance with the pinger requirements, with closures required only as a consequence of future poor compliance. Therefore, at the December 2007 meeting, the HPTRT broadly supported the establishment of “consequence” closure areas. Note that these ideas were discussed in detail only for the Southern New England Area (see explanation below). Although full consensus was reached on the concept of consequence areas during the December 2007 meeting, there were many unresolved issues relative to new management measures considered for the GOM. The proposal developed by the states of Maine, New Hampshire and Massachusetts for the HPTRT’s January 2008 teleconference proposed measures for the GOM consistent with those previously accepted by the HPTRT for Southern New England during the December 2007 meeting. Full consensus was reached on the establishment of one consequence area that related to observed bycatch rates in three management areas: the Massachusetts Bay, Stellwagen Bank, and Mid-Coast Management Areas. This Coastal Gulf of Maine Consequence Closure Area was accepted without contention. The HPTRT discussed two possible metrics for a closure trigger: compliance estimates and harbor porpoise bycatch rate estimates. There was broad support for use of target harbor porpoise bycatch rates based on the rate previously observed for hauls with the proper number of pingers deployed. Additionally, there was broad support for using two years of data and developing two regionally distinct target bycatch rates, one for the GOM management areas and another for southern New England. Different bycatch rates can reflect the distribution and abundance of harbor porpoises rather than ineffectiveness of pingers or non-compliance in a particular area. According to Palka and Orphanides (2008a), the bycatch rate observed on gillnet hauls during January 1, 1999, to May 31, 2007, in the three GOM Management Areas (Mid-Coast, Stellwagen Bank, and Massachusetts Bay) using the correct number of pingers is 0.031 harbor porpoise 34
takes/mtons of landings, with an annual range of 0 to 0.07 takes/mtons of landings (Appendix G). Although the target bycatch rates reflect observations of vessels with the correct number of pingers, for most of the observed hauls the operational status of the pingers was not evaluated, and higher bycatch rates in “compliant” hauls in some years may have been due to inoperable pingers. A pinger tester program was initiated in 2003, however to date results are available for only 69 gillnet strings in which 813 pingers were successfully tested (Palka et al., 2008) (Appendix D). Three hundred and forty six (43%) pingers were audible by ear and thus not tested; 109 (13%) were not audible by ear and were not tested; 307 (38%) were not audible by ear but testing indicated they were working properly; and 51 (6%) were not audible by ear and determined by testing to be not functional. Over all years, 80 to 93% of the pingers were working; although during 2003, when pinger compliance was low, only 36% of the tested pingers were working. NMFS believes that fishermen motivated by the consequence closure areas to use the correct number of functioning pingers can keep bycatch rates near zero, well below the target bycatch rates proposed here. For the GOM management areas, the bycatch rate of compliant vessels has been 0.00 for 4.5 of the 8.5 years since pingers have been required and for which observer data were available for evaluation (see Appendix G). However, although the HPTRT supported the concept of target bycatch rates based on observations of compliant hauls, some HPTRT members expressed concern about the ability of harvesters to maintain these rates. These members suggested a higher target bycatch rate be set, or that a phased approach be developed that would allow a higher bycatch rate in the first year. Additionally, they expressed concern that a few careless gillnet fishermen could cause closures that would affect broad areas. However, other HPTRT members pointed out that the expressed purpose of the consequence areas was to provide incentive for each gillnet fisherman to come into compliance with pinger requirements that have been in place in some areas for ten years. Although immediate closures would provide greater assurances, these HPTRT members accepted the provision that would allow gillnet fishermen another opportunity to show that pinger requirements can substantially reduce harbor porpoise bycatch. In the end, consensus was not reached on the selected target bycatch rates. Some HPTRT members remained concerned that fishermen would have insufficient time to prepare for an immediate bycatch target rate that they believe is aggressive. To address this concern, NMFS and New England state participants from the HPTRT will continue outreach and enforcement operations to ensure gillnet fishermen understand the current and proposed requirements of the HPTRP, and if the Alternative 4 (Preferred) is adopted, the consequences of non-compliance. This will provide gillnet fishermen with the opportunity to come into compliance immediately. Additionally, no consensus was reached on the period of a closure resulting from consequence closures. For marine mammal stocks with direct human-caused mortality which exceeds the stock’s PBR, the MMPA requires a reduction in incidental take or serious injury to below PBR. The long-term goal, however, is to reduce take levels to insignificant levels that approach ZMRG, which for harbor porpoises is 61 animals. Because ZMRG is the actual conservation 35
Page 1 and 2: MODIFICATIONS TO THE HARBOR PORPOIS
Page 3 and 4: 4.2.1.3 Closed Area Model (CAM)....
Page 5 and 6: Table 4-7: Percent of vessel affect
Page 7 and 8: 1.0 INTRODUCTION This Environmental
Page 9 and 10: The proposed modifications to the H
Page 11 and 12: fishery through the Magnuson-Steven
Page 13 and 14: information if two separate meeting
Page 15 and 16: term “management” in both New E
Page 17 and 18: small mesh nets, although 35% of th
Page 19 and 20: In New England, as Figure 1-2 shows
Page 21 and 22: 2.0 SUMMARY OF MANAGEMENT ALTERNATI
Page 23 and 24: Additionally, a provision will be i
Page 25 and 26: � Tie-Downs: Spaced not more than
Page 27 and 28: Figure 2-1: Alternative 1 (No Actio
Page 29 and 30: 2.2.2 Alternative 2: Closures Alter
Page 31 and 32: Figure 2-3: Alternative 2 - Immedia
Page 33 and 34: 2.2.3 Alternative 3: Pingers This a
Page 35 and 36: Figure 2-5: Alternative 3 - Expande
Page 37 and 38: 2.2.4 Alternative 4: Preferred Alte
Page 39: modifications to this FMP are being
Page 43 and 44: ycatch rate reflecting compliance w
Page 45 and 46: Figure 2-8: Alternative 4 (Preferre
Page 47 and 48: Figure 2-9: Alternative 4 (Preferre
Page 49 and 50: closure period in 2007. This sugges
Page 51 and 52: Figure 2-10: Alternative 5 - Modifi
Page 53 and 54: Figure 2-12: Alternative 5 - Modifi
Page 55 and 56: South of Cape Hatteras, North Carol
Page 57 and 58: would adversely affect EFH, HAPC, r
Page 59 and 60: 3.2.2.1 Marine Mammals The followin
Page 61 and 62: the region during the peak feeding
Page 63 and 64: Decomposed and/or unexamined animal
Page 65 and 66: esulted in mortality. The other occ
Page 67 and 68: Table 3-4: U.S. Fishery-Related Mor
Page 69 and 70: The coastal morphotype of bottlenos
Page 71 and 72: annual surveys conducted in August
Page 73 and 74: Whitman and Payne, 1990; Barlas, 19
Page 75 and 76: Caribbean. Although the population
Page 77 and 78: Kemp’s ridleys occur primarily in
Page 79 and 80: 3.2.2.3 Protected Fish Two listed s
Page 81 and 82: The Mid-Atlantic gillnet fishery, a
Page 83 and 84: Table 3-8: Percentage of Northeast
Page 85 and 86: the largest declines in total reven
Page 87 and 88: Table 3-14: Average (2002-2006) dis
Page 89 and 90: Table 4-1: A summary of average byc
Page 91 and 92:
4.1.1.2 Biological Effects of Alter
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Closure Areas in New England, and t
Page 95 and 96:
which both closures and more string
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The predicted bycatch rate ranges f
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calculated based on the estimated b
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Atlantic. If compliance is high, ha
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of the OMA and SMA closure as well
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However, a cost-effectiveness analy
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The recent major changes implemente
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To estimate the cost-effectiveness
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Table 4-5: Percent change in profit
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Table 4-7: Percent of vessel affect
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Alt. 4-Both, Alt. 5-Both), a large
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per year for Alt. 5-Pre to around $
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(Table 4-12). However, for the alte
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4.3 Cumulative Effects Analysis 4.3
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also include disturbances to riveri
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The past, present and reasonably fo
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Carolina through Florida’s east c
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ebuilding programs remained on trac
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Amendment 5 to the Monkfish FMP is
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Herring FMP Herring is an important
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Cumulative Effects on Harbor Porpoi
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effort reduction affects gillnet fi
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Table 4-14: Summary of the effects
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5.0 REGULATORY IMPACT REVIEW/ FINAL
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The following alternatives are prop
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Under Alternative 1 (No Action), th
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6.3 Paperwork Reduction Act This ac
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upon scientific information, analys
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Proposed Action is significant unde
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Although concerns have been express
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2004). Additionally, the structures
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suggesting the proposed changes to
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Cox, T.M., A.J. Read, D. Swanner, K
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Jacobs, S.R. and J.M. Terhune. 2000
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Prepared by the New England Fishery
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phocoena) bycatch and levels of com
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Swingle, W.M., S.G. Barco, T.D. Pit
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8.0 LIST OF ACRONYMS ALWTRP Atlanti
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9.0 LIST OF PREPARERS AND CONTRIBUT
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David Stevenson Marine Habitat Reso
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Vicki Cornish The Ocean Conservancy
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