JANUARY 2002-DECEMBER 2002 U.S. FISHERIES BYCATCH REDUCTION

STANDARDS AND MEASURES RELEVANT TO SECTION 202(h) OF THE

MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

Section 202(h)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (Act) states that the Secretary of State, in cooperation with the Secretary of Commerce, "shall seek to secure an international agreement to establish standards and measures for bycatch reduction that are comparable to the standards and measures applicable to United States fishermen for such purposes in any fishery regulated pursuant to this Act for which the Secretary [of Commerce], in consultation with the Secretary of State, determines that such an international agreement is necessary and appropriate."

Section 202(h)(3) of the Act requires that the Secretary of Commerce, in consultation with the Secretary of State, submit annually to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives a report describing actions taken regarding potential international bycatch agreements pursuant to Section 202(h)(1) of the Act. The National Marine Fisheries Service (NMFS) has reviewed management measures for January 2002 through December 2002 under all approved and implemented fishery management plans that address fish stocks also harvested by foreign fishermen to identify relevant bycatch standards and measures. A description of these bycatch standards and measures by region, an update on initiatives identified in previous reports, and NMFS conclusions on the necessity and appropriateness of seeking international agreements establishing comparable standards and measures follow.

NORTHEAST REGION

No new measures specifically to reduce bycatch were implemented in 2002.

SOUTHEAST REGION

No new measures specifically to reduce bycatch were implemented in 2002.

ATLANTIC HIGHLY MIGRATORY SPECIES

In addition to the closed areas (areas of South Atlantic Bight, Gulf of Mexico, and off New Jersey), observer coverage, reporting requirements, dead discard accounting, and bycatch limits already in place for U.S. fishermen (see previous report for full descriptions of these measures), the United States has implemented new measures to reduce bycatch in Atlantic HMS fisheries. These measures include:

Sea turtle bycatch reduction New information on the population status has led NMFS to conclude that continued operation of the Atlantic pelagic longline fishery jeopardizes endangered leatherback and threatened loggerhead sea turtles. Accordingly, per the requirements of a Biological Opinion (June 2001) and a final rule (67 FR 45393045401), NMFS has closed the Grand Banks fishing area to U.S. fishermen. The Grand Banks has traditionally been an area of high swordfish catch as well as high sea turtle bycatch. Approximately 20 percent of U.S. landed swordfish has been caught on the Grand Banks. Closure of the Grand Banks should decrease sea turtle bycatch by approximately 60 to 75 percent. The only pelagic longline fishing by U.S. fishing vessels currently allowed in the Grand Banks is under an experiment designed to test fishing techniques that will reduce interactions with sea turtles. Several other foreign countries fish on the Grand Banks, which is in international waters.

In addition to the closure of the Grand Banks, all longline fishermen are required to carry and use line clippers and dipnets to disentangle, and follow specific handling and release techniques to ensure survivability of, sea turtles caught incidentally to fishing operations.

In support of its domestic actions, the United States has been pursuing action relative to bycatch reduction measures within the International Commission for the Conservation of Atlantic Tunas (ICCAT). ICCAT is the international body charged with coordinating the management of highly migratory species throughout the Atlantic Ocean and adjacent seas. At the 2002 ICCAT meeting, the United States pursued measures for improved data collection with respect to seabirds and sea turtles. Regarding sea turtles, the United States, Brazil, Canada, and Japan submitted a written statement to the Commission highlighting the seriousness of this conservation issue and requesting assistance from other parties in addressing it, including cooperating with other relevant international organizations. Related to seabirds, Brazil, Japan, and the United States submitted a proposal to collect and provide to ICCAT's scientific committee information on interactions with seabirds in fisheries under the purview of ICCAT. The proposal concerning seabirds was adopted at the meeting, but the sea turtle proposal was not. The sea turtle proposal may be circulated for a mail vote prior to the 2003 meeting. If it is not circulated or adopted via a mail vote, the United States will likely resubmit it at next year's meeting.

Shark finning prohibition In December 2000, the President of the United States signed into law the Shark Finning Prohibition Act, which bans the practice of removing the fins from a shark and discarding the carcass. The Act is intended to minimize waste and mortality of shark bycatch. In February 2002, NMFS published a final rule (67 FR 6194-6202, February 11, 2002) to prohibit persons onboard any domestic vessel and foreign fishing vessels from engaging in shark finning and prohibit landing of shark fins without the corresponding carcasses by domestic and foreign fishing vessels.

NORTHWEST REGION

In March 2002, NMFS implemented a final rule for its groundfish annual specifications and management measures. This regulatory package notably revised the Pacific Fishery Management Council's (Pacific Council's) approach to managing of fisheries to reduce bycatch and discard of overfished groundfish species. This new approach calculated the co-occurrence of overfished species taken in fisheries for more abundant stocks. In analyzing these co-occurrences, analysts found seasonal variations in the rates at which overfished species were taken in fisheries for more abundant species. The Pacific Council then used this co-occurrence analysis to set trip limits and other management measures such that the groundfish fisheries had more access to abundant stocks during periods when overfished species co-occurrence rates were low. Further, the co-
occurrence ratios were used to guide the Pacific Council's recommendations during the year so that no changes to management measures would result in increased bycatch and/or discard of overfished species.

In May 2002, NMFS implemented a bycatch allowance for Pacific halibut in the commercial, limited entry primary sablefish fishery in Federal waters between the U.S./Canada border and Pt. Chehalis, Washington (46° 53' 18" N. latitude). Retention of incidental halibut caught in the primary sablefish fishery is only allowable when the overall Washington, Oregon, California total allowable catch for Pacific halibut is above 900,000 lb (408.2 mt,) which it was in both 2001 and 2002. For 2002, a quota of 88,389 lb of halibut was allocated to the limited entry primary sablefish fishery as a bycatch allowance. The primary sablefish season for 2002 was from April 1 - October 31, 2002, although incidental halibut retention was not available until May , 2002. Properly licensed vessels were allowed to retain up to 150 lb of dressed weight (headed-and gutted) halibut per 1,000 lb of dressed weight sablefish, plus up to two additional halibut per fishing trip.

In September 2002, NMFS implemented new depth-based management measures in the Pacific Coast groundfish fishery for September-December 2002. These depth-based management measures are designed to allow the harvest of healthy groundfish stocks while protecting areas where overfished species are commonly found. For example, in response to higher than expected landings of darkblotched rockfish, an overfished species, during the first few months of 2002, the limited entry trawl fishery north of 40°10' N. latitude closed on September 1, 2002. At its June 17 - 21, 2002, meeting, California, the Pacific Council felt there was an economic need to keep the limited entry trawl fishery open during September and requested that NMFS establish new depth-based management measures via emergency rulemaking. This emergency rule establishes a darkblotched rockfish conservation area (DBCA) extending from the U.S./Canada border to 40°10' N. latitude and between approximately 100 fathoms and 250 fathoms. This emergency rule maintains the closure to trawling with groundfish gear where darkblotched rockfish are commonly found, but allows limited entry trawl access to healthy deepwater groundfish (seaward of 250 fathoms) and nearshore groundfish (shoreward of 100 fathoms) stocks outside of the DBCA.

Throughout 2002, NMFS has also supported a number of exempted fishing permits (EFPs) with the goal of these EFPs being used to develop fishing technologies that can be applied on a fleet-
wide basis to minimize the bycatch of overfished species. These EFPs test fishing strategies and/or gear types in an effort to harvest healthy groundfish stocks while minimizing bycatch of overfished species. Additionally, many of the EFPs have full retention programs that allow

overages to be forfeited to the states for charitable donations.

SOUTHWEST REGION

In June 2002, NMFS issued a final rule implementing a regulatory amendment under the Fishery Management Plan for the Pelagic Fisheries of the Western Pacific Region intended to minimize or prevent injury to and mortality of sea turtles accidentally caught by hook-and-line fishing.

The intent of the rule is to reduce interactions between endangered and threatened sea turtles and pelagic fishing gear and to mitigate the harmful effects of interactions that occur. The rule applies to the owners and operators of all vessels fishing for pelagic species under Federal western Pacific limited access longline permits (longline vessels) within the U.S. exclusive economic zone (EEZ) and the high seas around Hawaii, as well as those fishing for pelagic species with other types of hook-and-line gear (non-longline pelagic vessels) within the EEZ around Hawaii, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Midway, Johnston and Palmyra Atolls, Kingman Reef, and Wake, Jarvis, Baker, and Howland Islands (western Pacific region). This rule: 1) prohibits targeting swordfish north of the equator by longline vessels; 2) closes all fishing to longline vessels during April and May in waters south of the Hawaiian Islands (from 15° N. latitude to the equator, and from 145° W. long. to 180° long.); 3) prohibits the landing or possession of more than 10 swordfish per fishing trip by longline vessels fishing north of the equator; 4) allows the re-registration of vessels to Hawaii longline limited access permits only during the month of October; 5) requires all longline vessel operators to annually attend a protected species workshop; and 6) requires utilization of sea turtle handling and resuscitation measures on both longline vessels and non-longline pelagic vessels using hook-and-line gear.

ALASKA REGION

No new measures specifically to reduce bycatch of salmon or other prohibited species were implemented in 2002.

There are no foreign fisheries operating on the same stocks of fish that the Alaska Region is responsible for managing under the Act. Arguably, pollock in the Bering Sea is harvested by U.S. fishermen in the U.S. EEZ and also by foreign fishermen in the "doughnut hole" and in Russian waters in the western Bering Sea. Some would argue that the "doughnut hole" stock of pollock is different from that in the U.S. EEZ. Regardless, U.S. pollock fishermen are obliged to comply with bycatch restriction measures prohibiting excessive harvests of herring, salmon, crab, and halibut. Of these bycatch species, only salmon could likely range far enough west to be possibly taken as incidental catch in foreign fisheries for pollock.

ON-GOING ACTIVITIES

In the report covering the period September 2000-December 2001, NMFS concluded, and the Department of State concurred, that pursing international bycatch agreements pursuant to Section 202(h) of the Act continued to be necessary and appropriate to address sea turtle bycatch in longline fisheries in both the Atlantic and Pacific Oceans. As a result, an international strategy, referred to as the Course of Action to Promote International Agreements that Address the Need to Reduce Sea Turtle Bycatch in Foreign Longline Fisheries, was developed to address this issue.

In January 2002, NMFS convened an International Bycatch Reduction Task Force made up of Agency and U.S. Department of State representatives. A Plan of Action was subsequently developed by the Task Force to: 1) implement the strategy to promote international agreements that reduce sea turtle bycatch in foreign longline fisheries; and 2) promote the implementation of the Food and Agriculture Organization (FAO) International Plan of Action (IPOA) for Reducing Incidental Catch of Seabirds in Longline Fisheries and the FAO IPOA for the Conservation and Management of Sharks.

The Task Force Plan of Action outlines steps to be taken in implementing the U.S. strategy for international bycatch reduction. These tasks are broken up into two categories: international sea turtle workshops, and international communications relating to sea turtles, sharks and seabirds.

International Sea Turtle Workshops: The Task Force has engaged in a number of activities in support of international sea turtle workshops during 2002. A steering committee has been formed to guide the planning and execution of a NMFS-sponsored international technical workshop on sea turtle bycatch in longline fisheries during February 2003. This workshop will: 1) examine global and seasonal fleet distributions and effort; 2) compare different gear configurations; 3) look at target species; 4) compare existing regulatory regimes; and 5) review on-going bycatch reduction research. Diplomatic demarches have been sent to longlining states (and Taiwan) announcing the workshop and requesting information on sea turtle interactions in their longline fisheries. Additionally, the workshop and other sea turtle initiatives have been promoted in regional fisheries management and bilateral meetings.

Scientific activities undertaken in support of the NMFS sea turtle workshop included an October 2002, NMFS staff review of preliminary results of on-going research relating to the reduction of sea turtle bycatch in longline fisheries. The results of this in-house review were presented during sea turtle discussions at the Second International Fisherman's Forum in November 2002. NMFS provided financial support to this important forum whose primary purpose is to address possible solutions to incidental bycatch of sea turtles and seabirds in longline fishing gear.

Between March and June 2003, NMFS may also co-sponsor an inter-disciplinary workshop with the International Center for Living Aquatic Marine Resource Management (ICLARM). Possible objectives for this workshop include: 1) identification of the types of international institutions required to conserve and manage Pacific sea turtles; 2) development of pan-Pacific comprehensive policy options; development of a pan-Pacific model framework treaty and call for negotiations; 3) call for an FAO IPOA for Sea Turtles; and 4) development of a multi-
disciplinary and multilateral sea turtle research agenda for the future.

International Communications Relating to Sea Turtles, Sharks and Seabirds: The United States has communicated through diplomatic cables with flag states with significant longline fleets (and Taiwan). As noted above, a demarche relating to sea turtles was sent that emphasized the international nature of the sea turtle bycatch problem in longline fisheries, described steps that the United States is taking to address it, and requested that recipients provide information relative to sea turtle bycatch in longline fisheries. The demarche announced the date and location of the International Longline Sea Turtle Bycatch Technical Workshop, which was promoted as the forum for the consideration of the sea turtle bycatch information requested. The United States will also send similar demarches to Executive Secretaries (or equivalent) of regional fisheries management organizations or arrangements in whose area of operation longline fishing occurs.

Demarches have also been sent to flag states with significant longline fleets (and Taiwan) that requested information on the status of implementing the IPOAs for Seabirds and Sharks. In these communications, the United States encouraged: development and implementation of National Plans of Action for Seabirds to promote the reduction of incidental catch of seabirds in longline fisheries where it occurs; and development and implementation of National Plans of Actions for Sharks to promote the conservation and management of sharks and call attention to the international issue of shark finning. Additionally, the United States committed to provide information on topics relating to these IPOAs, including information that may be of use to states developing a National Plan of Action (NPOA) for Seabirds and an NPOA for Sharks. This communication provided an overview of the U.S. Shark Finning Prohibition Act.

Throughout 2002, the United States has used current and new regional fishery management organizations and existing bilateral relationships to call attention to the international problems of sea turtle bycatch and incidental catch of seabirds and sharks in longline fisheries. The United States continues to promote international cooperative efforts to collect standardized information on the incidence of sea turtle bycatch in longline fisheries and is promoting the technical workshop as one forum to receive and consider such information.

CONCLUSION

The United States will continue its efforts during 2003 to implement the Task Force's Plan of Action by using every opportunity at the bilateral, regional, and global levels to promote the reduction and elimination of sea turtle bycatch in longline fishing gear.