National Marine Fisheries Service Scoping Document for Atlantic Striped Bass Fishery Management

1. National Marine Fisheries Service Scoping Document for Atlantic Striped Bass Fishery Management

2. What is Scoping? Under the National Environmental Policy Act (NEPA), Federal agencies are to have an early and open process for determining the scope of issues to be addressed and for identifying the significant issues related to a proposed action. This process is called - scoping.

3. Atlantic Striped Bass Management • Atlantic striped bass are managed : • under the authority of Atlantic Striped Bass Conservation Act • based on the Interstate Fishery Management Plan for Atlantic Striped Bass, developed and implemented by the Atlantic States Marine Fisheries Commission (ASMFC)

4. NOAA Fisheries’ Role in Striped Bass Management • Under the Act, the Secretary of Commerce implements regulations in the exclusive economic zone (EEZ) that he determines: • are consistent with the national standards in Section 301 of the Magnuson Fishery Conservation and Management Act • are compatible with the Plan and each Federal moratorium in effect on fishing for Atlantic striped bass within the coastal waters of a coastal state

5. NOAA Fisheries’ Role in Striped Bass Management (cont’d) Regulations that: • ensure the effectiveness of State regulations on fishing for Atlantic striped bass within the coastal waters of a coastal state • are sufficient to assure the long-term conservation of Atlantic striped bass populations

6. ASMFC - Atlantic Striped Bass Management • Atlantic Striped Bass Interstate Fishery Management Plan • first adopted in 1981 • Four FMP Amendments (1981 - 1994) • provided series of management measures leading to rebuilding of the stocks • Amendment 5 (1995) • Declared Atlantic striped bass population fully restored • Goals- To perpetuate the stock • - To allow commercial & recreational harvest • Population expanded to record levels of abundance

7. Atlantic Striped Bass Management (cont’d) • Amendment 6 – 2003 • Developed over four years • Addresses maintenance of a recovered population • Goal- to prevent overfishing while allowing growth in both commercial and recreational fisheries • Involved extensive input from technical and industry advisors, and numerous opportunities for the public to comment on future management

8. Atlantic Striped Bass Management (cont’d) • Amendment 6 • Incorporated results of the most recent Atlantic striped bass stock assessment • Included new targetsandthresholds for fishing mortality and spawning stock biomass • Included recommendations to the Secretary on development of complementary measures in the EEZ

9. Stock Assessment(Amendment 6) • Developed by the Atlantic Coast States, the ASMFC, NOAA Fisheries, and the U.S. Fish and Wildlife Service • 2001 stock assessment concluded: • overall abundance of the stock is very high • fishing mortality remains below the target rate • stock’s abundance increased steadily 1982 - 1997, stable now • fishing mortality rate increased until 1999, decreased slightly in 2000

10. Management Standards • Targets AND Thresholds Fishing Mortality Female Spawning Rate (F) Stock Biomass (SSB) Target F=0.30 38.6 Million Pounds Threshold F=0.41 30.9 Million Pounds Also: • Fisheries Dependent Monitoring requirements • Triggers - to allow quick response if thresholds are crossed

11. Management Standards Fishery-Dependent Monitoring Programs • Commercial Catch Composition • Commercial Catch and Effort • Recreational Catch Composition • Recreational Catch and Effort

12. Amendment 6- Management Triggers Fishing Mortality Rate (F)- Trigger • If F threshold is exceeded in any one year, the F will be lowered to a level that is at or below the target within one year • If the F target is exceeded in two consecutive yearsand the female SSB falls below the target within either of those years, the fishing mortality rate will be reduced to a level that is at or below the target within one year.

13. Amendment 6- Management Triggers Female Spawning Stock Biomass (SSB) • If SSB falls below the threshold in any given year, the biomass will be rebuilt to the target level within a set timeframe (not greater than 10 years) • If SSB falls below the target for two consecutive years and F exceeds the target in either of those years, the biomass will be rebuilt to a level that is at or above the target within a set timeframe (not greater than 10 years)

14. Spawning Stock Biomass Surveys New York: Hudson River Pennsylvania: Delaware River Delaware: Delaware River Maryland: Upper Chesapeake Bay Potomac River Virginia: Rappahannock River James River North Carolina: Roanoke River Albemarle Sound

15. Amendment 6- Management Triggers Juvenile Abundance Indices (JAI) • JAIs will be examined annually • If any JAI shows recruitment failure (a JAI < 75% of all other values in the data set) for three consecutive years, then the cause of the recruitment failure (e.g. fishing mortality, environmental conditions, disease etc.) will be reviewed and the appropriate management action will be determined.

16. Juvenile Abundance Index Surveys Maine: Kennebec River New York: Hudson River New Jersey: Delaware River Maryland: Chesapeake Bay Tributaries Virginia: Chesapeake Bay Tributaries North Carolina: Albemarle Sound

17. Additional Amendment 6 Action • Amendment 6 also restores the coastal commercial fishery to the average landings during 1972-1979 (3.8 million lbs), provided jurisdictions implement a 28-inch minimum size limit. • The impact to the stock is expected to be negligible because this amounts to only a 4% increase to total striped bass landings at time when the stock has expanded to record levels of abundance.

18. Recommendation to the Secretary Complementary measures in the EEZ • Remove the moratorium on the harvest of Atlantic striped bass in the EEZ (note: the EEZ has been closed since 1990) • Implement a 28-inch minimum size limit for recreational and commercial Atlantic striped bass fisheries in the EEZ • Allow states the ability to adopt more restrictive rules for fishermen and vessels licensed in their jurisdictions

19. ASMFC Rationale for EEZ Recommendation • Population declared fully restored in 1995, due in part to a closure of the EEZ in 1990 to striped bass harvest • Expectations among all stakeholders that past sacrifices would result in future opportunities to harvest • Population has recovered to point where further examination of an EEZ fishery is appropriate

20. ASMFC Rationale for EEZ Recommendation • Recreational and commercial catches are already occurring in the EEZ; these fish are required to be discarded (there are illegal landings). Opening the EEZ will convert some discards to landings. • Commercial harvest is controlled by quotas with overages taken from the next year’s quotas • Commercial quota will be landed regardless of whether or not the EEZ is opened

21. Atlantic Striped Bass Amendment 6 - Data • Commercial and Recreational Landings • Distribution of Landings and Discards • Fishing Mortality Rate (F) – trend • Spawning Stock Biomass (SSB) - trend

23. Distribution of Striped Bass Recreational and Commercial Landings and Discards (#s, 2001) Commercial Discard Commercial Harvest Recreational Harvest Recreational Discard Total = 4,341,455 Fish

24. Atlantic Striped Bass - Fishing Mortality Rate Threshold = 0.41 F (ages 4-13) Target = 0.30

25. Target = 38.6 Threshold = 30.9

26. UPDATE: Atlantic Striped Bass 2003 Stock Assessment Results • stock abundance is very high • fishing mortality in 2002 (F=0.35) was slightly above the target fishing mortality (F=0.31) but below the fishing mortality threshold (F=0.41) • Adult stock size (ages 8-13) during 2001-2003 was the highest in the last two decades • Strong cohorts, such as 1993, 1996 and 2001-2002 year classes, have contributed to high biomass levels

27. UPDATE: Atlantic Striped Bass 2003 Stock Assessment Results Conclusion • Overall, the Atlantic stocks of striped bass appear to be abundant in number, capable of producing strong incoming year classes and are being fished at levels within the bounds of the current Fishery Management Plan.

28. UPDATE: Atlantic Striped Bass 2003 Stock Assessment Results • Changes to assumptions and methods in 2003 assessment led to: • changes in estimates of F time series • changes in estimates of SSB time series

29. UPDATE: Threshold Target

30. UPDATE: Target Threshold

31. UPDATE:Distribution of Striped Bass Recreational and Commercial Landings and Discards – 2002

32. NOAA Fisheries’ process • Published ANPR – two 30-day comment periods requesting information and issues the agency should consideration in addressing the Commission’s recommendation • Consultations with the Mid-Atlantic, New England, and South Atlantic Fishery Management Councils

33. General Summary of Comments, Issues and Concerns Raised During Atlantic Striped Bass ANPR Comment Periods

34. In support of ASMFC recommendation: • Opening the EEZ: • will not increase pressure on the resource, it will just spread it out • will relieve congestion within state waters, improving safety • will not lead to an increase in boat purchases • will allow legal size discarded bycatch to be landed within commercial quota, which will make more efficient use of the stock without affecting mortality rates • The moratorium was to be temporary, just until the striped bass population had recovered. • The EEZ is an historical striped bass fishing ground.

35. In support of ASMFC recommendation: • Controls are in place within the states, under Amendment 6, to effectively manage the striped bass stock. • If the EEZ isn’t opened, then enforce the closure . • The reasons to keep EEZ closed are political, not biological. • Striped bass mortality is below the threshold level. • Any overages in commercial quota will be taken off the following year’s quota. • Monitoring requirements and management triggers contained in Amendment 6 would allow for quick action if needed for additional stock conservation. • State control at point of landing works, regardless of where the fish are caught. • Catch and release mortality will not increase since offshore waters are cooler- less stress on fish.

36. In opposition to ASMFC recommendation: • Opening the EEZ will: • create conflict between state and federal jurisdictions for states with gamefish status (ME, NH, CT, NJ, PA, DC, SC). • disrupt States’ ability to manage striped bass population. • result in an increase in commercial catch. • result in an increase in mortality rate. • result in greater harvest of larger, older breeders (the EEZ is a refuge for large fish) • result in directed fishing for larger, older striped bass which is counter to the intent of Amendment 6 to increase the number of these fish. • result in landings in excess of target mortality rate set in Amendment 6. • create a new fishery in the EEZ.

37. In opposition to ASMFC recommendation: • Prior to opening the EEZ, issues that should be addressed, include: • bycatch problems • high grading in both commercial and recreational fisheries • questionable population estimates- despite some highly questionable population estimates from ASMFC- the nearshore population has declined. • the effect of trans-shipped catches. • the impact of the relaxing of both recreational and commercial regulations as allowed for in Amendment 6.

38. In opposition to ASMFC recommendation: • Health concerns: • micro bacterial infections are increasing natural mortality of the Chesapeake Bay stock • PCBs off NY & NJ cause human health problems • The Secretary of Commerce is precluded from implementing the proposed action under ASBCA: • it will disrupt the conservation and management regime of striped bass • it will not ensure the effectiveness of state regulations • it will not be consistent with National standards.

39. In opposition to ASMFC recommendation: • The EEZ should not be opened unless it can be determined that such actions would not disrupt management of striped bass by the states. • The recommendation to open the EEZ was not supported by a majority of the states. • Recreational fishing is worth more and recreational fishermen release fish, dead fish only benefit commercial fishermen.

40. NOAA Fisheries’ process (cont’d) Begin NEPA and rulemaking processes: • Public scoping meetings in interested States to identify additional issues and management alternatives that should be considered in the NEPA process (written comments will be accepted throughout the scoping period which closes at 5:00pm December 22, 2003) • Develop all NEPA documents (DEIS) and complete socio-economic analyses and reports

41. NOAA Fisheries’ process (cont’d) • Publish Notice of Availability of DEIS in Federal Register • Hold Public hearings on DEIS and associated alternatives • Determine whether to move forward with proposed rule

42. What we need from you

43. Information Sought During Scoping Process • Concerns/issues NOAA Fisheries should address in development of EIS, such as: • Stock status • Differences in distribution of stock in EEZ (large fish??) • Bycatch and/or discard mortality • Enforcement • Health issues (striped bass and human) • Others, identified in scoping process

44. Information Sought During Scoping Process • Alternative measures that NOAA Fisheries should evaluated, such as: • Different size limits • Different bag limits • Gear restrictions – commercial and/or recreational • Season and/or area closures • Others, identified in scoping process

45. Address Scoping Comments to: Anne M. Lange Chief, State-Federal Fisheries Division Office of Sustainable Fisheries National Marine Fisheries Service 1315 East-West Highway Silver Spring, MD 20910 (FAX- 301-713-0596) All comments must be received at the above address NO LATER THAN 5:00 pm Monday December 22, 2003