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					  A Review of Terminology,
 Concepts and Definitions for
National Standard 1 Guidelines




December 2009

Todd Gedamke

NOAA Fisheries Service
Southeast Fisheries Science Center
Miami, Florida
                                     1
   A Review of Terminology,
  Concepts and Definitions for
 National Standard 1 Guidelines
“Making sure we’re talking the same language”



  December 2009

  Todd Gedamke

  NOAA Fisheries Service
  Southeast Fisheries Science Center
  Miami, Florida
                                                2
Notes: Many of these slides were originally prepared by
Jennifer Ise, Deb Lambert, and Mark Millikin (SFD). US
Caribbean specific slides were prepared by Bill Arnold
(SERO).

This presentation provides only a brief summary of the
National Standard 1 guidelines. Any discrepancies between
this presentation and the final National Standard 1 guidelines
as published in the Federal Register on January 16, 2009
(74 FR 3178) will be resolved in favor of the Federal
Register.

Qs and As for ACL and NS1 guidelines are posted on F/SF
website under ―ACLs‖

                                                                 3
Definition Framework
OFL > ABC > ACL

                                             Overfishing Limit          Corresponds with MSY
   Catch in Tons of a Stock




                                        Acceptable Biological Catch

                                            Annual Catch Limit

                                           Annual Catch Target           Recommended
Increasing




                                       • ABC may not exceed OFL. The distance between the
                                         OFL and ABC depends on how scientific uncertainty is
                                         accounted for in the ABC control rule.
                              Year 1
                                       • The ACL may not exceed the ABC.
                                          – ABC is one of the fishing level recommendations
                                            under MSA section 302(h)(6).


                                                                              § 600.310 (f)(1)-(7)
                                                                                                 4
Why all the acronyms? What do they mean?



                  OFL
                  MSY
                  ABC
                  ACL
                  ACT

                Uncertainty
          Overfishing/Overfished


They have specific scientific/legal meanings.

                                                5
National Standard (NS) 1
• ―Conservation and management measures shall
  prevent overfishing while achieving, on a continuing
  basis, the optimum yield from each fishery for the
  United States fishing industry.‖ (MSA Section 301(a)(1))




                                                             6
Optimum Yield—based on Maximum Sustainable Yield

• From section (2)(b)(4)--Purposes of the M-S Act: ―To provide for the
  preparation and implementation, in accordance with national
  standards, of fishery management plans which will achieve and
  maintain, on a continuing basis, the optimum yield from each from
  each fishery;
• From section 3(33) of the M-S Act; The term ―optimum‖ with respect to
  the yield from a fishery, means the amount of fish which—
    – (A) will provide the greatest overall benefit to the Nation,
      particularly with respect to food production and recreational
      opportunities, and taking into account the protection of marine
      ecosystems;
    – (B) is prescribed as such on the basis of the maximum
      sustainable yield from the fishery, as reduced by any relevant
      economic, social, or ecological factor, and
    – (C) in the case of an overfished fishery, provides for rebuilding to a
      level consistent with producing maximum sustainable yield in
      such fishery
                                                                               7
Maximum Sustainable Yield
• The M-S Act does not define MSY

• According to section 600.310(e)(1)(i)(A): MSY is the
  largest long-term average catch or yield that can be taken
  from a stock or stock complex under prevailing ecological,
  environmental conditions and fishery technological
  characteristics (e.g., gear selectivity), and the distribution
  of catch among fleets.




                                                                   8
Simplified MSY Explanation

Note: The following slides are meant to convey the fundamental scientific
principles behind MSY and only represents the theoretical „ideal‟ situation.
The relationships have been simplified for illustrative purposes and in
practice, the relationships can vary depending on species/fishery.




                                                                               9
Sustainable Yield (Catch)




                            Fishing Effort (or   Stock Biomass)
                                “Sustainable” – Given constant conditions (e.g. effort,
                            environment) annual catch and numbers of fish/biomass in the
                                              stock remains constant.
Sustainable Yield (Catch)




                                    Fishing Effort (or   Stock Biomass)
In Terms of Time




      Time
Population
       Size



                     Effort ~
                     - Number of Boats
                     - Hours/Days of Fishing




    Fishing
    Effort




              Time
In Terms of Fishing Effort




       Fishing Effort
Population
       Size




              Fishing Effort
Population
       Size



                Catch per unit effort (CPUE)
                        is also declining

         Mean Length              More fishing effort =
           also declining            Longer time to catch
                                          the same amount




                 Fishing Effort
Population
       Size




              Fishing Effort
Sustainable Yield (Catch)




                                No effort = No fishing = 0 catch




                            0      Fishing Effort (or     Stock Biomass)
Sustainable Yield (Catch per Year)


                                         •No Fishing  Maximum Biomass the environment can support
                                         •Catch = 0 and Yield = 0
                                         •Unfished Biomass is known as ‗Carrying Capacity‘




                                     0                      Fishing Effort
Sustainable Yield (Catch per Year)


                                         •No Fishing  Maximum Biomass the environment can support
                                         •Catch = 0 and Yield = 0
                                         •Unfished Biomass is known as ‗Carrying Capacity‘


                                              Assume One Fishing Boat
                                              Fish Population  Can only replace itself to Carrying Capacity
                                              Sustainable Yield  # is species specific Low




                                     0                       Fishing Effort
                 Sustainable Yield (Annual Catch)




0
Fishing Effort
Sustainable Yield (Annual Catch)




                                       At first, sustainable yield increases with effort

                                       • Removals provide resources (e.g. food, space, holes
                                         for lobster) for new individuals (recruits)

                                       • Rate of increase is species specific and function of
                                         productivity




                                   0           Fishing Effort
Sustainable Yield (Annual Catch)       Maximum Sustainable Yield




                                                Sustainable Yield Peaks at MSY

                                          • Removals still provide resources (e.g. food,
                                            space, holes for lobster) for new individuals
                                            (recruits) but,

                                          • Yield reaches maximum when population can‘t
                                            replace itself fast enough (Births ≈ Deaths)

                                          • Actual point is species specific and function of
                                            productivity


                                   0        Fishing Effort
Sustainable Yield (Annual Catch)       Maximum Sustainable Yield




                                                     Corresponds to a specific
                                                          amount of:

                                                             - Fishing Effort (Fmsy)

                                                             - Biomass (Bmsy)



                                   0        Fishing Effort
Sustainable Yield (Annual Catch)       Maximum Sustainable Yield




                                                    Rules of Thumb @ MSY
                                                         (approximations):


                                                       - Fishing Effort (Fmsy) ~ M
                                                                      (natural
                                                          mortality rate)

                                                       - Biomass (Bmsy) ~ ½ Unfished
                                                                          Biomass



                                   0        Fishing Effort
Sustainable Yield (Annual Catch)           Maximum Sustainable Yield




                                          Declines in Yield after MSY

                                       • Population growth can‘t keep up
                                         with the rate of removals

                                       • Resources are available but animals
                                         don‘t reproduce and/or grow fast
                                         enough



                                   0             Fishing Effort
MSY is a function of Species Productivity (e.g.
           Birth Rate, Growth, etc.)
 Sustainable Yield (Catch per Year)




                                                       e.g. Herring



                                              e.g. Snappers




                                      e.g. Sharks




                                                Fishing Effort
Definition Framework
OFL > ABC > ACL

                                             Overfishing Limit          Corresponds with MSY
   Catch in Tons of a Stock




                                        Acceptable Biological Catch

                                            Annual Catch Limit

                                           Annual Catch Target           Recommended
Increasing




                                       • ABC may not exceed OFL. The distance between the
                                         OFL and ABC depends on how scientific uncertainty is
                                         accounted for in the ABC control rule.
                              Year 1
                                       • The ACL may not exceed the ABC.
                                          – ABC is one of the fishing level recommendations
                                            under MSA section 302(h)(6).


                                                                              § 600.310 (f)(1)-(7)
                                                                                                28
                                   Catch in Tons of a Stock
                            Increasing
Sustainable Yield (Catch)




                                  Fishing Effort (or          Stock Biomass)
                                   Catch in Tons of a Stock
                            Increasing
Sustainable Yield (Catch)




                                                                    Overfished
                                                                        or
                               Overfishing Limit                    Overfishing

                                  Fishing Effort (or          Stock Biomass)
Roles in Setting ACLs

 SSC Role                                   Council Role


     OFL                     Science-
                           Management
                          feedback loop
            Scientific
            Uncertainty


     ABC                                                 ACL
                                                        ACL ≤ ABC



                                          Management
                             Science-     Uncertainty
                           Management
                          feedback loop                  ACT




                                                                    31
                                   Catch in Tons of a Stock
                            Increasing
Sustainable Yield (Catch)




                                  Buffer to account
                                  for uncertainty
                                  (based on
                                  probability of
                                  exceeding OFL)


                                                                    Overfished
                                                                        or
                               Overfishing Limit                    Overfishing

                                  Fishing Effort (or          Stock Biomass)
                                   Catch in Tons of a Stock
                            Increasing
Sustainable Yield (Catch)




                                  Buffer to account
                                  for uncertainty
                                  (based on
                                  probability of
                                  exceeding OFL)
                              Acceptable
                            Biological Catch                        Overfished
                                                                        or
                               Overfishing Limit                    Overfishing

                                  Fishing Effort (or          Stock Biomass)
Roles in Setting ACLs

 SSC Role                                   Council Role


     OFL                     Science-
                           Management
                          feedback loop
            Scientific
            Uncertainty


     ABC                                                 ACL
                                                        ACL ≤ ABC



                                          Management
                             Science-     Uncertainty
                           Management
                          feedback loop                  ACT




                                                                    34
                                   Catch in Tons of a Stock
                            Increasing
Sustainable Yield (Catch)




                               Annual Catch
                                  Limit

                              Acceptable
                            Biological Catch                        Overfished
                                                                        or
                               Overfishing Limit                    Overfishing

                                  Fishing Effort (or          Stock Biomass)
Roles in Setting ACLs

 SSC Role                                   Council Role


     OFL                     Science-
                           Management
                          feedback loop
            Scientific
            Uncertainty


     ABC                                                 ACL
                                                        ACL ≤ ABC



                                          Management
                             Science-     Uncertainty
                           Management
                          feedback loop                  ACT




                                                                    36
                                       Catch in Tons of a Stock
                                Increasing
Sustainable Yield (Catch)




                            Annual Catch
                               Target




                                   Annual Catch
                                      Limit

                                  Acceptable
                                Biological Catch                        Overfished
                                                                            or
                                   Overfishing Limit                    Overfishing

                                      Fishing Effort (or          Stock Biomass)
                                       Catch in Tons of a Stock
                                Increasing
Sustainable Yield (Catch)




                            Annual Catch
                               Target




                                   Annual Catch
                                      Limit
                                  Acceptable
                                Biological Catch                        Overfished
                                                                            or
                                   Overfishing Limit                    Overfishing

                                      Fishing Effort (or          Stock Biomass)
                                       Catch in Tons of a Stock
                                Increasing
Sustainable Yield (Catch)




                            How does this relate to the
                            Annual Catch
                               Target

                            current situation in the US
                                   Caribbean?
                                   Annual Catch
                                      Limit

                                  Acceptable
                                Biological Catch                        Overfished
                                                                            or
                                   Overfishing Limit                    Overfishing

                                      Fishing Effort (or          Stock Biomass)
                                       Catch in Tons of a Stock
                                Increasing
Sustainable Yield (Catch)




                            Annual Catch
                               Target




                                   Annual Catch
                                      Limit

                                  Acceptable
                                Biological Catch                        Overfished
                                                                            or
                                   Overfishing Limit                    Overfishing

                                      Fishing Effort (or          Stock Biomass)
                                       Catch in Tons of a Stock
                                Increasing                        All species and species groups
                                                                  in front of CFMC today have
                                                                  been designated as „undergoing
                                                                                       undergoing
Sustainable Yield (Catch)


                                                                  overfishing so by definition:
                                                                  overfishing‟or overfished so by
                                                                  definition:

                            Annual Catch
                               Target




                                   Annual Catch
                                      Limit                             Overfished or
                                                                         Overfishing

                                  Acceptable
                                Biological Catch



                                   Overfishing Limit
                                                                    X          X        X

                                      Fishing Effort (or          Stock Biomass)
                                       Catch in Tons of a Stock
                                Increasing                        All species and species groups
                                                                  in front of CFMC today have
                                                                  been designated as undergoing
Sustainable Yield (Catch)


                                                                  overfishing or overfished so by
                                                                  definition:

                            Annual Catch
                               Target




                                   Annual Catch                         Overfished or
                                                                         Overfishing
                                      Limit
                                                                  Some reduction from
                                  Acceptable                      Catch/Effort (when
                                Biological Catch                  designated) is required


                                   Overfishing Limit
                                                                    X          X        X

                                      Fishing Effort (or          Stock Biomass)
                                       Catch in Tons of a Stock
                                Increasing
Sustainable Yield (Catch)




                                                                     Note: ‗Uncertainty‘ buffer is not
                            Annual Catch                             part of this explanation yet.
                               Target
                                                                     SFA based on data <2005

                                   Annual Catch                       Overfished or
                                                                       Overfishing
                                      Limit
                                                                  Some reduction from
                                  Acceptable                      Catch/Effort (when
                                Biological Catch                  designated) is required


                                   Overfishing Limit


                                      Fishing Effort (or          Stock Biomass)
                                       Catch in Tons of a Stock            If catch is constant
                                Increasing
                                                                           (with constant effort)
                                                                           year after year then =
                                                                           „sustainable‟
Sustainable Yield (Catch)




                            Annual Catch
                               Target




                                   Annual Catch                      Overfished or
                                                                      Overfishing
                                      Limit

                                  Acceptable
                                Biological Catch



                                   Overfishing Limit


                                      Fishing Effort (or          Stock Biomass)
                     500000
                                                                 Parrotfish
                                                   Puerto Rico reported (solid) and
                                                     adjusted (dashed) landings

                     400000


                                                                                                                                             SFA
Pounds of Landings




                     300000




                     200000




                     100000




                         0
                              82        84        86        88        90        92        94        96        98        00        02        04        06        08
                         19        19        19        19        19        19        19        19        19        20        20        20        20        20

                                                                                           Year                                                                      45
                     500000
                                                                 Parrotfish
                                                   Puerto Rico reported (solid) and
                                                     adjusted (dashed) landings

                     400000


                                                                                                                                             SFA
Pounds of Landings




                     300000




                     200000




                     100000




                         0
                              82        84        86        88        90        92        94        96        98        00        02        04        06        08
                         19        19        19        19        19        19        19        19        19        20        20        20        20        20

                                                                                           Year                                                                      46
                     500000
                                                                 Parrotfish
                                                   Puerto Rico reported (solid) and
                                                     adjusted (dashed) landings

                     400000                                      For this time period, catch
                                                                 relatively stable and no                                                     SFA
Pounds of Landings




                                                                 evidence effort is increasing.

                     300000




                     200000




                     100000




                         0
                              82        84        86        88         90        92        94        96        98        00        02        04        06        08
                         19        19        19        19         19        19        19        19        19        20        20        20        20        20

                                                                                            Year                                                                      47
                     500000
                                                                 Parrotfish
                                                   Puerto Rico reported (solid) and
                                                     adjusted (dashed) landings

                     400000
                                                            Using average catch from this time
                                                               period is pre-SFA regulations.
                                                            Reductions have likely occurred but no
Pounds of Landings




                                                               evidence that F has been reduced
                     300000                                    below Fmsy



                     200000




                     100000




                         0
                              82        84        86        88        90        92        94        96        98        00        02        04        06        08
                         19        19        19        19        19        19        19        19        19        20        20        20        20        20

                                                                                           Year                                                                      48
                     500000
                                                                 Parrotfish
                                                   Puerto Rico reported (solid) and
                                                     adjusted (dashed) landings

                     400000

                                                                       The years used to calculate
                                                                       average catch will determine the
Pounds of Landings




                                                                       appropriate „uncertainty scalar‟.
                     300000




                     200000




                     100000




                         0
                              82        84        86        88        90        92        94        96        98        00        02        04        06        08
                         19        19        19        19        19        19        19        19        19        20        20        20        20        20

                                                                                           Year                                                                      49
Summary of the NS1 Guidelines Related
to ACLs and AMs
• MSA requires:
   – ACLs and AMs to prevent overfishing,
   – ACLs can not exceed fishing level recommendations of SSCs, and
   – ACLs and AMs in all managed fisheries, with 2 exceptions.

• NS1 guidelines:
   – ACLs and AMs for all stocks and stock complexes in a fishery,
     unless the 2 MSA exceptions apply, or if a species is in the FMP
     as an EC species.
   – Clearly account for both scientific and management uncertainty
   – AMs should prevent ACL overages, where possible, and always
     address overages, if they occur.
   – An optional ―ecosystem component‖ category could allow flexibility
     in FMPs for greater ecosystem considerations.

                                                                          50
A Review of Terminology, Concepts and Definitions
       for National Standard 1 Guidelines




                        Thank You!

                        Questions?


December 2009

Todd Gedamke

NOAA Fisheries Service
Southeast Fisheries Science Center
Miami, Florida
                                                    51
For “Overfished” Stocks
• Effective July 12, 2009, within 2 years of an ―overfished‖ or
  ―approaching overfished‖ stock status notification,
  Councils (or Secretary for Atlantic HMS) must ―prepare
  and implement‖ management measures to:
   – Immediately end overfishing
   – Rebuild affected stocks
      • Rebuilding time shall be ―as short as possible‖
      • ―not exceed 10 years‖, unless biological or environmental
        circumstances, or management under an international
        agreement dictates otherwise




                                     MSA Sec. 304(e)(3), MSRA sec. 104(c)
                                                                       52
NS 8 as it Relates to NS1
•   And within the NS1 Guidance: Does NS1 ―trump‖ the other National
    Standards, especially NS8?

     – Under section 600.310(l)(4) covering the relationship of National
       Standard 8 to National Standard 1: ―NS8 directs the Councils to
       apply economic and social factors towards sustained participation
       of fishing communities and to the extent practicable, minimize
       adverse impacts on such communities within the context of
       preventing overfishing and rebuilding overfished stocks as required
       under NS1.
     – Therefore, calculation of OY as reduced from MSY should include
       economic and social factors, but the combination of management
       measures chosen to achieve the OY must principally be
       designed to prevent overfishing and rebuild overfished
       stocks.
                                                                           53
 Species                          Year Sequence
 Group


             1999-2005   1999-2007          2003-2007    2006-2007

              % C.V.      % C.V.              % C.V.      % C.V.

 Conch         33.6        32.8                   37.7     23.2

Parrotfish     15.7        14.7                   13.5     16.3

Grouper        16.1        25.9                   31.5      7.4

Snapper        18.3        24.9                   29.9      7.7




                                                                     54
55
              Stocks “Subject to Overfishing” (41) – as of CY 4th quarter 2008

                                                                                                        New England:
                                                                                                        1. Cod – Gulf of Maine
                                                                                                        2. Cod – Georges Bank
                                                                                                        3. Yellowtail flounder – Georges Bank
                                                                                                        4. Yellowtail flounder – Southern New England/Middle Atlantic
                                                                                                        5. Yellowtail flounder – Cape Cod/Gulf of Maine
                                                                                                        6. White Hake
                                                                                                        7. Winter Flounder – Georges Bank
                                                                                                        8. Winter Flounder – Southern New England/Middle Atlantic
                                                                                                        9. Thorny Skate



Pacific:
1.**Yellowfin Tuna – Eastern Pacific


                                                                                                                                          Mid-Atlantic:
                                                                                                                                          1. Scup         Highly Migratory
                                                                                                                                                          Species:
                                                                                                                                                          1. **Blue Marlin – Atlantic
                                                                                                                                      South Atlantic: 2. **White Marlin – Atlantic
    Pacific and Western Pacific                                                                                                       1. Vermilion Snapper 3. **Sailfish – West Atlantic
    1. **Bigeye Tuna – Pacific                                                                                                        2. Red Snapper       4. **Albacore – North Atlantic
                                                                                                                                      3. Snowy Grouper 5. **Bluefin Tuna – West Atlantic
                                                                                                                                      4. Tilefish          6. Sandbar Shark
                                                                                                                                      5. Red Grouper       7. Dusky Shark
                                                                                                                                      6. Black Sea Bass 8. Blacknose Shark
                                                                                                                                      7. Gag               9. Shortfin Mako - Atlantic
                                                                                                                                      8. Black Grouper
                                                                                                Gulf of Mexico:                       9. Speckled Hind
                                                                                                1. Red Snapper                        10.Warsaw Grouper
                                                                                                2. Greater Amberjack
                                                                                                3. Gag
                                                                                                4. Gray Triggerfish                                    Caribbean:
                                                                                                5. Pink Shrimp – Gulf of Mexico                        1. Snapper Unit 1
                                                                                                                                                       2. Grouper Unit 1
                                                               *Indicates non-FSSI stock
                     U.S. Department of Commerce                                                                                                       3. Grouper Unit 4
                                                               **Overfishing status is primarily due to International fishing pressure.
             National Oceanic and Atmospheric Administration
                                                               Blue = Also Overfished                                                                  4. Queen Conch
                    National Marine Fisheries Service
                                                               NOTE: This map does not include the results of GARM III. Northeast                      5. *Parrotfishes
                      Office of Sustainable Fisheries          multispecies stock status is based on GARM II (assessed in 2005).
                                                                                                                                                                                        56
                     500000
                                                                 Parrotfish
                                                   Puerto Rico reported (solid) and
                                                     adjusted (dashed) landings

                     400000
Pounds of Landings




                     300000




                     200000




                     100000




                         0
                              82        84        86        88        90        92        94        96        98        00        02        04        06        08
                         19        19        19        19        19        19        19        19        19        20        20        20        20        20

                                                                                           Year                                                                      57
New SSC Requirements
• ―Each scientific and statistical committee shall provide its Council
  ongoing scientific advice for fishery management decisions, including
  recommendations for
    – acceptable biological catch,
    – preventing overfishing,
    – maximum sustainable yield, and
    – achieving rebuilding targets, and
    – reports on stock status and health,
    – bycatch
    – habitat status
    – social and economic impacts of management measures, and
    – sustainability of fishing practices.‖
                                                  MSA Section 302(g)(1)(B)
                                                                          58
Clarifying the Framework OFL, ABC, &
ACL
• However, If Council recommends OFL=ABC=ACL, Secretary may
  presume the proposal would not prevent overfishing, in the absence of
  sufficient analysis and justification. In most cases, expect ABC to be
  reduced from OFL to account for scientific uncertainty and reduce
  probability that overfishing might occur in a given year (see
  600.310(f)(5)).




                                                                           59
Approach for Setting Limits and AMs
• Councils must take an approach that considers uncertainty in
  scientific information and management control of the fishery.
• Scientific Uncertainty
   – ABC control rule: A specified approach to setting the ABC for
     a stock as a function of the scientific uncertainty in the estimate of
     OFL and any other scientific uncertainty. § 600.310 (f)(2)(iii)
   – Risk policy is part of ABC control rule: The determination
     of ABC should be based, when possible, on the probability that an
     actual catch equal to the stock‘s ABC would result in overfishing.
     This probability that overfishing will occur cannot exceed 50
     percent and should be a lower value. § 600.310 (f)(4)
• Management Uncertainty
  – Address through a full range of AMs.
  – For fisheries without inseason management control to prevent the
    ACL from being exceeded, AMs should utilize ACTs that are set
    below ACLs so that catches do not exceed the ACL.
                                                           § 600.310 (g)(2)

                                                                              60
THE END




          61
M-S Act Language re: Status
Determination Criteria (SDC)
• Section 303(a)(10) in the required provisions of FMPs
  states ―specify objective and measurable criteria for
  identifying when the fishery to which the plan applies is
  overfished (with an analysis of how the criteria were
  determined and the relationship of the criteria to the
  reproductive potential of stocks of fish in the fishery) and,
  in the case of a fishery which the Council or Secretary has
  determined is approaching an overfished condition,
  contain conservation and management measures to
  prevent overfishing or end overfishing and rebuild the
  fishery.‖

• Section 303(a)(10) does not also say ―specify objective
  and measurable criteria for when overfishing is occurring..‖
                                                                  62
Status Determination Criteria
• From the guidelines: SDC must be expressed in a way that enables
  the Council to monitor each stock or complex in the FMP, and
  determine annually, if possible, whether overfishing is occurring and
  whether the stock or complex is overfished.

• In specifying SDC, a Council must provide an analysis of how the SDC
  were chosen and how they relate to reproductive potential.

• Overfished means the biomass is below the MSST(1/2b Bmsy or
  its threshold).

• Two approaches may be chosen for SDC to determine overfishing:
    – Fishing mortality rate exceeds MFMT. Exceeding the MFMT for
      a period of 1 year or more constitutes overfishing.
    – Catch exceeds the OFL. If the annual catch exceeds the annual
      OFL for 1 year or more, the stock or complex is considered subject
      to overfishing.
                                                   § 600.310 (e)(2)(i) and (ii)
                                                                             63
NMFS Objectives
in Revising the NS 1 Guidelines




                                  64
Strong, Yet Flexible, Guidelines
• Ensure that the MSA mandate for ACLs and AMs to end
  and prevent overfishing is met and account for U.S.
  fisheries diversity:
   – Biological and ecological
   – Management approaches
   – Scientific knowledge
   – Monitoring capacity
   – Overlap in management jurisdiction
   – Resource users



                                                        65
Major Aspects of the
NS1 Guidelines




                       66
Example of the kind of stocks that may
fall into the two classifications.

                                 The “fishery”
                          Stocks that are part of the fishery


                                Target stocks -
                      stocks people seek to harvest and retain
                              for sale or personal use


                             Non-target stocks -
                      that people retain for sale or personal use


                             Non-target stocks -
                     not retained and for which an overfishing or
                            overfished status is a concern


                     Ecosystem Component species


                                                                    67
ACLs Apply to Stocks “in the Fishery”

• In practice, overfishing is determined at the stock or stock
  complex level. Therefore, ACLs should be applied at the
  stock or stock complex level.

• ACLs would apply only to stocks ―in a fishery.‖

• ACLs would not apply to ―ecosystem component species.‖




                                                    § 600.310 (c)(4)
                                                       § 600.310 (f)
                                                                  68
Definition Framework
OFL > ABC > ACL

                                             Overfishing Limit          Corresponds with MSY
   Catch in Tons of a Stock




                                        Acceptable Biological Catch

                                            Annual Catch Limit

                                           Annual Catch Target          Recommended
Increasing




                                       • ABC may not exceed OFL. The distance between the
                                         OFL and ABC depends on how scientific uncertainty is
                                         accounted for in the ABC control rule.
                              Year 1
                                       • The ACL may not exceed the ABC.
                                          – ABC is one of the fishing level recommendations
                                            under MSA section 302(h)(6).


                                                                              § 600.310 (f)(1)-(7)
                                                                                                69
Roles in Setting ACLs

 SSC Role                                   Council Role


     OFL                     Science-
                           Management
                          feedback loop
            Scientific
            Uncertainty


     ABC                                                 ACL
                                                        ACL ≤ ABC



                                          Management
                             Science-     Uncertainty
                           Management
                          feedback loop                  ACT




                                                                    70
Management Uncertainty
Example, could assess past performance of achieving the target catch.


       Actual Catch
       Year 1
                                         Past Performance
       Year 2
       Year 3
       Year 4
       Year 5
                                            Overfishing


                Limit
         Target




                        Mgt Approach 1       Mgt Approach 2   Mgt Approach 3


                                                                               71
Management Uncertainty

 Adjust the target catch accordingly until factors causing past
 target catches to be exceeded are addressed.




                                     Overfishing
           Limit
           Target




                    Mgt Approach 1     Mgt Approach   Mgt Approach
                                             2              3




                                                                     72
                              Accountability Measures (AMs)
   Catch in Tons of a Stock




                                         OFL
                                         ABC
                                         ACL            AMs triggered
                                         ACT
                                       • MSA requires that FMPs establish ACLs, ―including measures
Increasing




                                         to ensure accountability‖
                                       • AMs prevent the ACL from being exceeded and correct or
                                         mitigate overages of the ACL if they occur. ACTs are
                              Year 1     recommended in the system of AMs so that ACL is not
                                         exceeded.
                                       • Two types of AMs:
                                          – Inseason measures to prevent exceeding the ACL
                                          – AMs for when the ACL is exceeded
                                               • Operational factors leading to an overage
                                               • Biological consequences to the stock, if any
                                                                                            § 600.310 (g)(1)-(3)
                                                                                                              73
Performance Standards
• Because of scientific and management uncertainty, there
  is always a chance that overfishing could occur.

• The system of ACLs and AMs should be re-evaluated and
  modified if necessary, if the ACL is exceeded more than
  once in the last 4 years.

• A higher performance standard could be used if a stock is
  particularly vulnerable to the effects of overfishing.




                                                 § 600.310 (g)(3)
                                                               74
ACLs & AMs for a Fishery Sector
• Optional to sub-divide a stock‘s ACL into ―sector-ACLs‖.
• If the management measures for different sectors differ in
  the degree of management uncertainty, then sector ACLs
  may be necessary so that appropriate AMs can be
  developed for each sector.
• The sum of sector-ACLs must not exceed the overall ACL.
• For each sector-ACL, ―sector-AMs‖ should be established.
• AMs at the stock level may be necessary.

                              ACL          AMs for the
                           (stock)         overall ACL



 Commercial      Commercial     Recreational             Recreational
 sector-AMs      sector-ACL      sector-ACL              sector-AMs
                                                 § 600.310 (f)(5)(ii)   75
State-Federal Fisheries
• ACL should be specified for the entire stock and may be
  further divided (e.g., Federal-ACL and state-ACL)

• AMs required for portion of fishery under Federal authority

• Goal should be to develop collaborative conservation and
  management strategies (including AMs) with Federal,
  state, tribal, and/or territorial fishery managers.




                                          § 600.310 (f)(5)(iii) & (g)(5)
                                                                      76
ABC and ACL for Rebuilding Stocks
•   For rebuilding stocks, the ABC and ACL should be set at
    lower levels during some or all stages of rebuilding than
    when a stock is rebuilt for two reasons:
    1. Overfishing should not occur, and
    2. Rebuilding at a rate commensurate with the stock‘s
       rebuilding plan should occur.

• ABC for overfished stocks: For overfished stocks
  and stock complexes, a rebuilding ABC must be set to
  reflect the annual catch that is consistent with the
  schedule of fishing mortality rates in the rebuilding plan.


                                                  § 600.310 (f)(3)(ii)
                                                                    77
AMs for Rebuilding Overfished Stocks

• If a stock is in a rebuilding plan and its ACL is exceeded,
  the AMs should include overage adjustments that reduce
  the ACL in the next fishing year by the full amount of the
  overage, unless the best scientific information available
  shows that a reduced overage adjustment, or no
  adjustment, is needed to mitigate the effects of the
  overage.

• This AM is important to increase the likelihood that the
  stock will continue to rebuild.




                                                   § 600.310 (g)(3)
                                                                 78
Summary of the NS1 Guidelines Related
to ACLs and AMs
• MSA requires:
   – ACLs and AMs to prevent overfishing,
   – ACLs can not exceed fishing level recommendations of SSCs, and
   – ACLs and AMs in all managed fisheries, with 2 exceptions.

• NS1 guidelines:
   – ACLs and AMs for all stocks and stock complexes in a fishery,
     unless the 2 MSA exceptions apply, or if a species is in the FMP
     as an EC species.
   – Clearly account for both scientific and management uncertainty
   – AMs should prevent ACL overages, where possible, and always
     address overages, if they occur.
   – An optional ―ecosystem component‖ category could allow flexibility
     in FMPs for greater ecosystem considerations.

                                                                          79
Next Steps for FMPs
• FMP‘s terminology—does it align with ABC, ACL, and
  OFL?

• Are all the stocks in the FMP ―stocks in a fishery‖ or should
  some be reclassified as EC species?

• Are current stock complexes/species groups appropriate?

• What will be the basis of the ABC control rules for various
  stock?

• Does an annual or multiyear catch specification process
  for ACLs already exist for each stock or stock complex in a
  fishery?

                                                                80
Next Steps (continued)
• In beginning to evaluate management uncertainty: If the stock was
  managed by quotas or harvest limits in the past and the stock‘s catch
  has exceeded the quotas; then how often has it occurred and by how
  much?

• Do any stocks in a fishery qualify for an exception to the requirement
  for ACLs because of (1) the one-year life cycle exception or (2)
  management under an international agreement?

• Does the FMP adequately describe/define each stock‘s MSY and OY,
  and describe the basis for OY being reduced from MSY?

• Are the FMPs‘ MSYs and OYs operational?

• Does the FMP contain ACL-like and AM-like measures and are they
  effective? Why or why not?



                                                                           81
Other Aspects of the
NS1 Guidelines




                       82
Timeline for Implementing Rebuilding
Plans After July 12, 2009
• For notifications that a stock or complex is overfished or
  approaching an overfished condition, a Council (or
  Secretary for Atlantic HMS) must prepare and implement
  management measures within 2 years of the notification.

• For timely implementation:
   – Councils should submit an FMP, FMP amendment, or
     proposed regulations within 15 months of notification.
   – This provides the Secretary 9 months to implement the
     measures, if approved.

• If the stock is overfished and overfishing is occuring, the
  rebuilding plan must end overfishing immediately.
                                                § 600.310 (j)(2)(ii)(B)
                                                                     83
Establishing rebuilding time targets
• SSCs (or agency scientists or peer review processes in
  the case of Secretarial actions) shall provide
  recommendations for achieving rebuilding targets (see
  MSA sec. 302(g)(1)(B)).

• NS1 guidelines clarify calculation of target time to rebuild
  (Ttarget) for stocks in rebuilding plans.




                                                                 84
Minimum time for rebuilding (Tmin)
• Ttarget must be ―as short as possible,‖ taking into account
  factors set forth under MSA sec. 304(e)(4)(A)(i), and may
  not exceed 10 years, except as provided under sec.
  304(e)(4)(A)(ii). See NS1 guidelines at § 600.310 (j)(3).

• Ttarget should be based on the minimum time for
  rebuilding a stock (Tmin) and the above factors.

• Tmin is the amount of time the stock or complex is
  expected to take to rebuild to its MSY biomass level in the
  absence of any fishing mortality. In this context, the term
  ―expected‖ means to have at least a 50% probability of
  attaining the BMSY.

                                                  § 600.310 (j)(3)(i)
                                                                   85
Maximum Time Allowable for Rebuilding
(Tmax)
• If Tmin is ≤ 10 years, then Tmax is 10 years.

• If Tmin is > 10 years, then Tmax is Tmin + the length of time
  associated with one generation time for that stock or stock
  complex.
   – Generation time is the average length of time between when an
     individual is born and the birth of its offspring.

• Ttarget shall not exceed Tmax, and should be calculated
  based on the factors described in § 600.310 (j)(3)




                                                  § 600.310 (j)(3)(i)(A)-(E)
                                                                          86
Action at the end of a rebuilding period if
a stock is not yet rebuilt
• If a stock reaches the end of its rebuilding plan period and
  it is not yet determined to be rebuilt, then the rebuilding F
  should not be increased until the stock has been
  demonstrated to be rebuilt.

• If the rebuilding plan was based on a Ttarget that was less
  than Tmax, and the stock is not rebuilt by Ttarget, rebuilding
  measures should be revised if necessary, such that the
  stock will be rebuilt by Tmax.

• If the stock has not rebuilt by Tmax, then the fishing
  mortality rate should be maintained at Frebuild or 75 percent
  of the MFMT, whichever is less.

                                                    § 600.310 (j)(3)(ii)
                                                                      87
International Overfishing
- MSA section 304(i)
• Section 304(i) applies if the Secretary determines that a fishery is
  overfished or approaching overfished due to excessive international
  fishing pressure, and for which there are no management measures to
  end overfishing under an international agreement to which the U.S. is
  a party. Actions under section 304(i) include:
   – The Secretary, with Secretary of State, immediately takes action at
     the international level to end overfishing
   – Within 1 year, the Secretary and/or appropriate Council shall:
       • Recommend domestic regulations to address ―relative impact‖ of U.S.
         fishing vessels
       • Recommend to Secretary of State and Congress, international actions
         to end overfishing and rebuild affected stocks, taking into account
         relative impact of vessels of other nations and vessels of the U.S.



                                                                 § 600.310 (k)
                                                                               88
“Relative Impact”

• NMFS describes ―relative impact‖:
   – May include consideration of factors that include, but
     are not limited to: domestic and international
     management measures already in place, management
     history of a given nation, estimates of a nation‘s
     landings or catch (including bycatch) in a given fishery,
     and estimates of a nation‘s mortality contributions in a
     given fishery.
   – Information used to determine relative impact should be
     based upon the best available scientific information.



                                                   § 600.310 (k)(3)
                                                                 89
Fisheries Data
• In their FMPs, or associated public documents such as SAFE reports
  as appropriate, Councils must describe general data collection
  methods, as well as any specific data collection methods used for all
  stocks in the fishery, and EC species, including:
    – Sources of fishing mortality;
    – Description of the data collection and estimation methods used to
      quantify total catch mortality in each fishery; and
    – Description of the methods used to compile catch data from
      various catch data collection methods and how those data are
      used to determine the relationship between total catch at a given
      point in time and the ACL for stocks and stock complexes that are
      part of a fishery.



                                                         § 600.310 (i)(1)-(3)
                                                                           90
Mixed stock exception
• Exceptions to the requirement to prevent overfishing could apply
  under certain limited circumstances.

• Fishery must not be in overfished condition and analysis must be
  performed that demonstrates the below conditions are satisfied:
   – Will result in long-term net benefits to the Nation;
   – Mitigating measures have been considered and it has been
     demonstrated that a similar level of long-term net benefits cannot
     be achieved by modifying fleet behavior, gear
     selection/configuration, or other technical characteristic in a
     manner such that no overfishing would occur; and
   – The resulting rate of fishing mortality will not cause any stock or
     stock complex to fall below its MSST more than 50 percent of the
     time in the long term, although it is recognized that persistent
     overfishing is expected to cause the affected stock to fall below its
     Bmsy more than 50 percent of the time in the long term.
                                                             § 600.310 (m) 91
Summary
• The NS1 guidelines also provide guidance on the
  following topics:

• Rebuilding plans:
   – changing the timeline to prepare new rebuilding plans
   – guidance on how to establish rebuilding time targets
   – advice on action to take at the end of a rebuilding period if a stock
     is not yet rebuilt.

• Implementing MSA Section 304(i)

• Forming stock complexes and use of indicator stocks

• Two approaches for making overfishing status determinations

• Fisheries Data

• Mixed stock exception
                                                                             92
Additional Information
• Additional information about ACLs and NS1 can be found
  at the following website:
   – http://www.nmfs.noaa.gov/msa2007/catchlimits.htm

• Public comments on the proposed revisions to the NS1
  guidelines can be viewed at the Federal e-Rulemaking
  portal:
   – http://www.regulations.gov
   – You can search for documents regarding the NS1
     guidelines under ―Advanced docket search‖ using
     ―0648-AV60‖ as the RIN keyword.


                                                           93

				
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