Louisiana Shrimp Task Force November 29, 2011

1. Update on the Ongoing ESA Section 7 Consultation and DEIS Development for the Southeast Shrimp Fishery Louisiana Shrimp Task Force November 29, 2011

2. Existing Shrimp Biological Opinions Subject to Reinitiation Past biological opinions conducted: • December 2, 2002: Biological Opinion on Shrimp Trawling under the Sea Turtle Conservation Regulations and as Managed by the FMPs for Shrimp in the Gulf and South Atlantic – Analyzed all listed species and critical habitat. • February 25, 2005: Biological Opinion on Shrimp Trawling under the South Atlantic FMP – Analyzed sawfish only. • January 13, 2006: Biological Opinion on Shrimp Trawling under the Gulf FMP – Analyzed sawfish only. • Biological opinions available online at: • http://sero.nmfs.noaa.gov/pr/Section7FisheryBiologicalOpinions.htm

3. Scope of New Biological Opinion • Proposed agency action subject to analysis: • Continued implementation of ESA sea turtle conservation regulations (TED regulations, applicable in both state and federal waters); • Continued authorization of the Gulf and South Atlantic shrimp fisheries managed under the Magnuson-Stevens Fishery Conservation and Management Act; and • Any new proposed requirements stemming from initiated NEPA/ESA scoping intended to reduce sea turtle bycatch in shrimp trawls.

4. Scope ofNew Biological Opinion • Species subject to analysis: • All listed species that may be adversely affected (i.e., sea turtles*, smalltooth sawfish, and sturgeon). *New listed loggerhead Northwest Atlantic DPS

5. New Sea Turtle Analysis Considerations • Otter trawl shrimp effort in the Southeast: • 2002 opinion otter trawl estimates based on 2001 shrimp effort data. • New otter trawl estimates using 2009 shrimp effort data. • Increases in Kemp’s ridley and green sea turtle populations: • Adjusting (increasing) 2002 opinion catch rates in new opinion to reflect these abundance increases.

6. New Sea Turtle Analysis Considerations • Information on rates of shrimp industry compliance with TED regulations: • 2002 opinion estimates assumed 100% compliance and, therefore, that TEDs are 97% effective at releasing turtles. • New opinion estimates will use recent compliance rate data (i.e., NOAA Office of Law Enforcement boarding data), sorted by the severity of the violations to modify TED effectiveness (i.e., release rates).

7. New Sea Turtle Analysis Considerations • Sea turtle bycatch in skimmer trawls, wing nets, and try nets: • 2002 opinion only quantified otter trawl bycatch estimates. • New opinion will have bycatch estimates for all shrimp gear types (e.g., otter trawl, skimmer/butterfly trawls, try nets).

8. Summary of New Sea Turtle Analysis Considerations • New bycatch estimates based on: • Lower shrimp otter trawl effort; • Higher Kemp’s ridley and green sea turtle catch rates; • Realistic (i.e., less than 100%) TED regulation compliance rates; and • Bycatch estimates for all gear types.

9. New Smalltooth Sawfish Analysis Considerations • Smalltooth sawfish bycatch estimates: • Previous opinions only estimated one lethal capture annually based on available capture records. • New opinion uses a 3-year average bycatch estimate based on observer data, extrapolated to effort within smalltooth sawfish core range (i.e., statistical zones1-4 and 24-26).

10. New Sturgeon Analysis Considerations • Gulf sturgeon bycatch: • 2002 opinion assumed no Gulf sturgeon captures in federal shrimp trawls on the presumption they only occur in Gulf waters during the winter and are very rare in offshore (i.e., federal) waters. • There have been no additional Gulf sturgeon captures observed since the December 15, 2009, observation in federal waters, which triggered ESA reinitiation. Atlantic sturgeon bycatch: • Final listing decision on Atlantic sturgeon pending; if listed, the species will need to be added to the scope of the consultation.

11. DEIS Status On June 24, 2011, NMFS published a notice of intent (NOI) to prepare a DEIS in the Federal Register (76 FR 37050). Six public scoping meetings were conducted: • July 12 Gray, Louisiana; • July 12 Belle Chasse, Louisiana; • July 13 Biloxi, Mississippi; • July 14 Bayou La Batre, Alabama; and • July 18 Morehead City, North Carolina.

12. DEIS Status NMFS received over 83,200 responses in writing or e-mail during the scoping period that ended on August 23, 2010, including: • Approximately 26 unique comments and submitted information; • 199 form letters from commercial fishermen; • Approximately 2,870 form e-mails from environmental groups; • 37,998 signatures on a sign-on response from Oceana; and • 42,130 signatures on a sign-on response from Defenders of Wildlife.

13. Shrimp Fishery Lawsuit Filed • On October 13, 2011, the Center for Biological Diversity, Turtle Island Restoration Network, Sea Turtle Conservancy, and Defenders of Wildlife filed suit for: • Failure to ensure that the Gulf and South Atlantic shrimp fisheries are not likely to jeopardize listed species in violation of Section 7(a)(2); and • Violating ESA Section 9 take prohibitions.

14. Next Steps… • Respond to litigation; • Conduct a peer review of the methodology used to update the sea turtle bycatch estimates; • Publish the DEIS and any associated rulemaking to reduce sea turtle bycatch in the shrimp fishery; and • Complete the new biological opinion.