Managing Alaska Groundfish and Managing Alaska Groundfish and Steller Sea Lions – at the same time Steller Sea Lions – at the same time

and same placeand same place

Doug DeMaster Doug DeMaster

Alaska Fisheries Science Center, Alaska Fisheries Science Center, NMFSNMFS

Seattle, WASeattle, WA

Steller sea lion population Steller sea lion population declinedecline

0

50

100

150

200

250

1965 1970 1975 1980 1985 1990 1995 2000

Year

Thou

sand

s of

non

-pup

s

Eastern stock

Western stock

Total population

Western SSL Stock listed as Endangered in 1997

Proximate Cause of Proximate Cause of DeclineDecline

Reduction in juvenile survivalReduction in juvenile survival– Life table analyses (modeling)Life table analyses (modeling)– Marking-Resighting (I.e., branded animals)Marking-Resighting (I.e., branded animals)

Changes in pregnancy/lactation rates Changes in pregnancy/lactation rates of adult females between 1970s and of adult females between 1970s and 1980s1980s

Data in 1970 and 1980s primarily from Data in 1970 and 1980s primarily from lethal sampling; similar data are not lethal sampling; similar data are not available for the 1990savailable for the 1990s

Ultimate Cause(s) of Ultimate Cause(s) of DeclineDecline

Entanglement in Marine DebrisEntanglement in Marine Debris Increased predationIncreased predation PollutionPollution HarassmentHarassment Pup/Subsistence HarvestsPup/Subsistence Harvests DiseaseDisease Oceanographic ChangesOceanographic Changes Indirect effect of FisheriesIndirect effect of Fisheries

} Prey Availability

Jeopardize the continued existence of means to engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species.

Jeopardy (Sec.7 ESA- avoid jeopardy)

Destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species. Such alterations include, but are not limited to, alterations adversely modifying any of those physical or biological features that were the basis for determining the habitat to be critical.

Adverse modification of CH(Sec 7 ESA – fed. Agencies are to avoid Ad. Mod.)

Frequency of occurrence of Steller Frequency of occurrence of Steller sea lion prey from scats > 10% sea lion prey from scats > 10%

(1990-1998)(1990-1998)

4%4%22%22%Arrowtooth fl.Arrowtooth fl.

3%3%14%14%SandlanceSandlance20%20%43%43%SalmonSalmon8%8%11%11%HerringHerring

16%16%5%5%CephalopodsCephalopods

78%78%5%5%Atka mackerelAtka mackerel21%21%34%34%Pacific codPacific cod54%54%73%73%PollockPollock

EBS/AIEBS/AIGOAGOAFood ItemsFood Items

0

0.2

0.4

0.6

0.8

1

Arr Sal* Pol Her* Sln* Ild Pcd* Ceph AtM

summer

winter

FO by Region and FO by Region and SeasonSeason

`

0

0.2

0.4

0.6

0.8

1

Arr* Sal* Pol Her* Sln* Ild Pcd* Ceph AtM

summer

winter

0

0.2

0.4

0.6

0.8

1

Arr Sal* Pol Her Sln Ild* Pcd* Ceph AtM

summer

winter

0

0.2

0.4

0.6

0.8

1

Arr Sal* Pol Her Sln Ild* Pcd* Ceph AtM

summer

winter

C. GOA E. Bering Sea

E. Aleutians C. & W. Aleutians

1998 E. Bering Sea A-Season

Total Catch498,600 mt

0

250,000

500,000

750,000

1,000,000

77 79 81 83 85 87 89 91 93 95 97

Catch (mt) in Critical Habitat

0

25

50

75

77 79 81 83 85 87 89 91 93 95 97

% Caught Within Critical Habitat

Eastern Bering SeaPollock Catch Distribution1977-98

Analysis of Fisheries Analysis of Fisheries Data:Data:

Leslie Depletion Leslie Depletion Catch per unit effort (CPUE) is a function Catch per unit effort (CPUE) is a function

of cumulative catch (Kof cumulative catch (Kt t ))

CPUECPUEtt= q B= q B00 - q K - q Ktt – q =catchability (proportion q =catchability (proportion

of B of B0 0 caught per Unit Effort)caught per Unit Effort)

– BB00 = Biomass of prefished = Biomass of prefished population population

05

1015202530354045

0 10,000 20,000 30,000 40,000

Cumulative Catch of Atka mackerel (mt)

CP

UE

mt/

ho

ur

Seguam 1993

Leslie Unbiased HarvestYear Biomass Biomass* -95% CL +95% CL Catch Rate (?)1992 44,535 41,211 16,339 66,084 29,909 73%1993 47,493 45,304 30,002 60,608 31,704 70%1995 24,432 22,950 18,318 27,581 12,126 53%1996 58,131 43,556 72,708 25,993 45%

* autocorrelation removed

But – what is the direct evidence for nutritional stress in western SSL?

Is It Food? Workshop (1993)- Is It Food? Workshop (1993)- strong support for nutritional strong support for nutritional stress in the western SSL stress in the western SSL population in the 1980spopulation in the 1980s

Is It Food? II Workshop (2001) – 7 Is It Food? II Workshop (2001) – 7 studies all reported data studies all reported data inconsistent with nutritional stress inconsistent with nutritional stress hypothesis (but noted adequate hypothesis (but noted adequate sampling remains to be done) sampling remains to be done)

30 Nov 2000 Biological 30 Nov 2000 Biological Opinion- BiOp 3Opinion- BiOp 3

Conclude that implemented the Conclude that implemented the groundfish FMP is likely to groundfish FMP is likely to jeopardize the western Steller sea jeopardize the western Steller sea lionlion

Conclude that the FMP is likely to Conclude that the FMP is likely to adversely modify the designated adversely modify the designated critical habitat of western Steller critical habitat of western Steller sea lions sea lions

Reasonable and Prudent Reasonable and Prudent Alternative in BiOp 3Alternative in BiOp 3

Global Control RuleGlobal Control Rule CH Closures to Eliminate Competition (66%)CH Closures to Eliminate Competition (66%) 3 nm no-entry zones around rookeries and 3 nm no-entry zones around rookeries and

major hauloutsmajor haulouts Seasonal harvest limits in CH (4 seasons)Seasonal harvest limits in CH (4 seasons) Seasonal harvest limits outside CH (2 seasons)Seasonal harvest limits outside CH (2 seasons) Closure in CH from 1 Nov through 20 JanuaryClosure in CH from 1 Nov through 20 January Spatial apportionment of TAC in open areas in Spatial apportionment of TAC in open areas in

CHCH Monitoring requirement (3 blocks, 13 areas)Monitoring requirement (3 blocks, 13 areas)

So what happened next?

1. Judge Zilly dropped the injunction2. Industry estimated BiOp 3 would cost $500

million to implement (fishery value-$700 m)3. Senator Stevens attached a rider to an

appropriation bill early in FY01 that delayed implementation of the 30 Nov BiOp

4. North Pacific Fishery Management Council established an RPA Committee to develop alternate reasonable and prudent alternatives

RPA Committee: Goals and RPA Committee: Goals and ObjectivesObjectives

Goal: Develop an EIS RPA alternative for 2002 and beyond that meets the mandates of the ESA, MSFCMA, and other applicable laws, while conserving marine biodiversity and sustaining viability of the diverse fishing communities dependent upon the Alaska fishery resources.

Objectives:– Remove jeopardy and adverse Remove jeopardy and adverse

modification.modification.– Develop a sound experimental design for Develop a sound experimental design for

monitoring.monitoring.– Minimize social and economic impacts.Minimize social and economic impacts.– Minimize bycatch of PSC and other Minimize bycatch of PSC and other

groundfish.groundfish.– Promote safety at sea.Promote safety at sea.

RPA Committee: RPA Committee: Recommended Open/Closed Areas Recommended Open/Closed Areas

(BiOp 4- Oct 2001)(BiOp 4- Oct 2001)

Final Action in 2001Final Action in 2001

Council at its October 2001 meeting Council at its October 2001 meeting amended the recommendations of amended the recommendations of the RPA committee (e.g., no pollock the RPA committee (e.g., no pollock fishing in the Aleutians)fishing in the Aleutians)

NMFS found that the proposed action NMFS found that the proposed action did not pose jeopardy or adv. Modify did not pose jeopardy or adv. Modify CH of western SSLCH of western SSL

BiOp 4 finalized in October 2001BiOp 4 finalized in October 2001 Legal action by plaintiffs - uncertainLegal action by plaintiffs - uncertain

ConclusionsConclusions ESA requires fishery managers to ESA requires fishery managers to

consider stewardship of other resources, consider stewardship of other resources, not just harvest strategies and fishery not just harvest strategies and fishery efficienciesefficiencies

ESA mandates and lawsuits shift burden ESA mandates and lawsuits shift burden of proof to fisheries managersof proof to fisheries managers

Determination of no-jeopardy is difficult Determination of no-jeopardy is difficult when information is uncertainwhen information is uncertain

Determination that conservation Determination that conservation measures are effective is difficultmeasures are effective is difficult

0

50

100

150

200

250

1965 1970 1975 1980 1985 1990 1995 2000

Year

Thou

sand

s of

non

-pup

s

Eastern stock

Western stock

Total population

•Entanglement in debris

•Subsistence harvest

•Pollution

•Harassment

•Increased predation

•Disease

•Oceanographic changes

•Indirect effects of fisheries

CAUSES OF DECLINE

STELLER SEA LION- FISHERY INTERACTIONS SUMMARY

LEGAL CHALLENGES• 8 Aug 2000 – Injunction against all trawling in Critical Habitat

Remand to prepare comprehensive Biol. Opinion Remand to prepare Suppl. Env. Impact Statement

• 30 Nov 2000 – BiOp completed; injunction lifted • Draft Programmatic SEIS – completed Jan 2001• BiOp on 2002 TAC setting process done Oct 19 2001