65 Habitat Areas of Particular Concern
Purpose and Need
The Magnuson -Stevens Act was amended in 1996 by the Sustainable Fisheries Act. The new Act mandated that any FMP must include a provision to describe and identify essential fish habitat (EFH) for the fishery, minimize to the extent practicable adverse effects on such habitat caused by fishing, and identify other actions to encourage the conservation and enhancement of such habitat. Essential fish habitat has been broadly defined by the Act to include “those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity”.
Amendment 55 defined EFH as all habitat within a general distribution for a species life stage, for all information levels and under all stock conditions. Habitat areas of particular concern (HAPC) were identified as living substrates in shallow and deep waters, and freshwater habitats used by anadromous fish. Habitat areas of particular concern (HAPC) are those areas of special importance that may require additional protection from adverse effects. HAPC is defined on the basis of its ecological importance, sensitivity, exposure, and rarity of the habitat.
The purpose of amendment 65 is to provide for improved long-term productivity of the fisheries by controlling harvest on invertebrates (corals, sponges, mussels, rockweed and kelp), which provide important habitat for fish, but have the potential to be developed into large-scale commercial fisheries.
Analysis
A 51-page EA/RIR (Secretarial review draft dated June 2000) was prepared for this amendment. Three alternatives including the status quo were considered. The alternatives included establishing HAPC biota as a prohibited species or establishing a new HAPC category to allow for a controlled fishery to develop. Various options would allow some HAPC species (e.g., coral and sponges) to be prohibited from harvest, while allowing controlled fisheries to occur on the remaining species (e.g., kelp and mussels).
After the amendment was put on hold (see Results section), a 281-page EA/RIR/IRFA (Secretarial review draft dated October 2005) was prepared (see GOA Amendment 73).
Regulation Summary
At the February 2000 meeting, the Council reviewed an initial draft of a proposed amendment that would consider identifying additional HAPC, and two management measures to protect HAPC from fishing effects. The first measure considered would potentially prohibit directed fishing for certain HAPC biota (corals, sponges, kelp [including rockweed] and mussels). The second measure would establish several marine protected areas where Gorgonian corals are found in abundance. Gorgonian corals have been shown to be important shelter for rockfish and other fish species, are very long lived, easily damaged by fishing gear, and slow to recover from damage. Based on public testimony, and input from its advisory committees, the Council voted to split the amendment and associated analysis into two parts. Part one, which the Council took final action on in April, would allow for control on the harvest of HAPC biota, based on the following problem statement.
The Council recognizes that some invertebrates (corals, sponges, mussels, rockweed and kelp), which provide important habitat for fish have the potential to be developed into large-scale commercial fisheries. The Council currently has little or no controls on the harvesting of these invertebrates. Adopting management measures as a precautionary approach would allow the Council to control any commercial fishery that might develop.
Results
The Council took final action on a preferred alternative in April 2000. Sponges and coral were placed in the prohibited species category. Commercial harvest, sale, and processing of coral and sponges will be prohibited. Retention for personal use will be allowed. Due to the court case on Essential Fish Habitat (see Amendment 55), the HAPC amendment was put on hold. Council and Agency staff are currently preparing an analysis of HAPC.