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Sharks a Review and Discussion December 16, 2020 Florida Fish and Wildlife Conservation Commission This is a review and discussion of sharks and shark-related topics in Florida. Division: Marine Fisheries Management Authors: Kristin Foss, Nancy Sheridan, CJ Sweetman, Krista Shipley, Martha Guyas, and Jessica McCawley Contact Phone Number: 850-487-0554 Report date: November 6, 2020 Unless otherwise noted, images throughout the presentation are by FWC. Version 2

Outline Background Status of sharks Shark management - federal and state Overview of fishery Current shark-related topics for Florida Options moving forward Staff will provide a background on sharks, status of sharks, shark fisheries management in federal and state waters, and an overview of the fishery. Staff will also provide an overview of current shark-related topics in Florida and will be seeking next steps for these topics.

Background Over 500 shark and ray species found worldwide 0 16 shark species harvestable in Florida state waters Vital role in marine ecosystems Long-lived , slow to mature, few offspring Susceptible to overfishing Rapid declines in 1970s through early 1990s 0 Seen as an under-used resource Increased demand Large coastal sharks heavily impacted Today, many shark populations are rebuilding in U.S. There are over 500 shark and ray species found worldwide. Of those, 16 shark species can be harvested from Florida state waters; however, shortfin mako cannot be commercially harvested from Florida state waters because of harvestable gear restrictions. As top predators, sharks play a vital role in marine environments by regulating ecosystem structure and function. Sharks are long-lived animals that are slow to mature and have few offspring. For example, white sharks (commonly known as great whites) can live up to 70 years and females do not start producing offspring until around age 15. Unlike many other fish species, which can produce thousands of eggs per spawning event and spawn multiple times per year, most shark species give birth to fewer than 10 pups per litter, and many do not reproduce every year. These life history characteristics make sharks highly vulnerable to fishing pressure and to overfishing. This is especially true for large coastal sharks, such as hammerhead, silky, and sandbar sharks. In the mid-1970s through the early 1990s, shark stocks rapidly declined throughout the Eastern U.S. (Atlantic and Gulf) due to high rates of harvest and an increased demand for shark products, including meat, fins, and other shark products. At the time, sharks were seen as an underutilized resource that could be exploited further as a fishery target. Large coastal shark species became preferentially targeted relative to small coastal species due to their high meat content, large fin sizes, and proximity to land. In response to steep population declines, Florida began implementing shark fishing regulations in the early 1990s, quickly becoming a leader in shark conservation and aiding the rebuilding efforts in the U.S. Today, many shark populations are continuing to recover and numbers increasing due to successful state and federal conservation and management measures.

High Profile and Divergent Viewpoints C21 WPEC Fishennen complain there are too many sharks TCPalm Anglers blame shark-diving for half-eaten catches Sharks are a high profile, high interest topic of discussion. The increasing interest magnifies social conflicts, and conflicting values and viewpoints are routinely highlighted across the media as it relates to the public perception of sharks or interactions with sharks. These headlines illustrate the difference in public perception between those that believe shark conservation remains important to a healthy ecosystem and those that believe the increases in shark populations have risen to a level where management measures are needed.

Worldwide Status Internationally, many populations are overfished Management lacking in many countries and international waters National and international treaties provide some conservation measures Regionally, some species recovering 0 0 Successful management 0 Tighter regulations on selling and shipping overseas 0 Growing appreciation for ecosystem and ecotourism value Due to overfishing, many shark populations are declining or overfished on a global scale. The declining trends in shark populations globally are largely due to their unique life history characteristics (slow-growing, late maturity, few offspring) and a number of compounding factors including habitat degradation; bycatch; climate change; and a lack of cohesive management, monitoring, and enforcement throughout many countries and international waters. However, several species have been protected by various national legislations (e.g., the U.S. Shark Finning Prohibition Act and Shark Conservation Act) and international treaties (e.g., the Convention on the International Trade in Endangered Species and Wild Florida and Fauna (CITES)). Largely due to these protections, some shark species are showing signs of recovery regionally. Sustainable shark fisheries are increasing in frequency for a variety of reasons, including successful fisheries management. Rules and policies designed to protect sharks, such as prohibiting shark finning, are working. In recent years, as international awareness of global shark declines and public outcry over the inhumane practice of finning has increased, demand for shark fins has declined in some areas, like mainland China. However, in other areas outside of the mainland, like Macau and Thailand, these markets are emerging or expanding. Tighter regulations on selling and shipping shark products, increased interest in shark-related ecotourism, and a growing appreciation for the importance of a shark’s role in a healthy ecosystem has also contributed to the increase in sustainable shark fisheries.

Eastern U.S. Status Some of the best-managed and sustainable shark fisheries in the world 0 0 Allows for sustainable harvest - Florida state waters: 16 species - Federal waters: 23 species Oceanic whitetip is only ESA-listed shark off Florida Preliminary recovery in southeastern U.S. due to management measures 0 Small sharks have a higher capacity to recover 0 Large sharks also showing signs of recovery In contrast to continued concerns about the global status of sharks, some shark populations along the Eastern U.S. are responding well to state and federal fisheries management measures. Shark populations that are managed sustainably allow for some commercial and recreational harvest. In Florida state waters, 16 species can be harvested and 23 species are harvestable from federal waters. The oceanic whitetip shark, found globally in deep, open oceans, was listed as Threatened under Endangered Species Act (ESA) by NOAA Fisheries. Currently, no other shark populations off the U.S. mainland South Atlantic or Gulf coast states are listed under ESA. However, the scalloped hammerhead is listed as threatened in the central and southwest Atlantic, which includes all waters of the Caribbean. Research has shown a preliminary recovery of some shark species in the southeastern U.S. Small coastal sharks have a higher for recovery because they typically reach maturity and reproduce at younger ages. To this point, research indicates that some small coastal sharks are increasing in abundance, such as Atlantic sharpnose and bonnethead. Large coastal sharks mature at later ages and are slower to recover from declines; despite this, research indicates that some large coastal sharks, such as sandbar, blacktip, spinner, and tiger sharks are also increasing in abundance.

Rebuilding Populations Life history characteristics make sharks vulnerable to overfishing Can take decades for a species to recover once depleted Many species not assessed and status unknown 0 Data-poor, limited life history information Managing to end overfishing and aid in population recovery Species Status Rebuilding Timeline Sandbar Overfished, not undergoing overfishing 2070 Dusky Overfished , undergoing overfishing 2107 Shark management measures are designed to help end overfishing and rebuild shark populations to a sustainable level. As previously discussed, shark life history characteristics make them vulnerable to overfishing, and once a population is depleted, it can take decades for a species to recover. As a result, some overfished species have a significantly long timeline to rebuild populations. For example, sandbar and dusky sharks are both in rebuilding plans and their timeline to rebuild is 2070 and 2107, respectively. Additionally, many shark species have not been assessed individually, including bull, lemon, tiger, and nurse sharks, and their stock status is unknown. Many shark stocks are considered data-poor with too little available biological information, such as life history details, and fisheries data available to conduct a stock assessment.

U.S. Shark Fisheries Management State waters Individual states Atlantic States Marine Fisheries Commission Federal waters NOAA Fisheries' Highly Migratory Species (HMS) Division There are many layers to shark management and sharks are managed by multiple agencies along the Atlantic and Gulf coasts. Each state manages their respective state waters, and on the Atlantic coast, state management for coastal sharks is coordinated by the Atlantic States Marine Fisheries Commission through an Interstate Fishery Management Plan. Beyond state waters NOAA Fisheries' Highly Migratory Species (HMS) Division regulates sharks from the state waters boundary up to 200 nautical miles offshore. In addition to managing sharks domestically in federal waters, NOAA Fisheries also participates in management on an international level through the International Convention for the Conservation of Atlantic Tuna (ICCAT), CITES, and the Food and Agriculture Organization of the United Nations.

Federal Regulations - Overview HMS manages 42 shark species 23 species are harvestable HMS permits required Fins must be naturally attached when landed 0 Commercial Season lengths vary based on available quota Daily limits dependent on management groups Recreational Bag limit is 1 per vessel for most species Size limits apply for most species HMS manages 42 shark species; 23 species are harvestable and 19 are prohibited from harvest. These 42 shark species are divided into five management groups: large coastal, small coastal, pelagic, smoothhound, and prohibited. Federal vessel permits are required for commercial and recreational shark fishermen in federal waters. The commercial permits include directed and incidental limited-access permits and smoothhound open-access permit (limited to smoothhound sharks only). Additionally, there is a limited Shark Research Fishery permit, which allows a limited number of commercial fishermen to harvest sandbar sharks and provide important fisheries dependent data to HMS for use in future stock assessments. In addition to the federal recreational permit, recreational fishermen are also required to obtain a shark endorsement, which requires completing an online shark identification and fishing regulation training course and quiz. All sharks that are retained must have fins naturally attached when landed. There is a complex quota system for the commercial shark fishery to help ensure sustainable shark fisheries and help conserve vulnerable and overfished species. The season length for shark management groups varies based on available quota and other factors. For example, for certain sharks, the season closes when 80% of the quota is reached or is projected to be reached. Daily commercial trip limits vary by permit type and shark management group, and the retention limit can be adjusted throughout the fishing year based on available quota. For the recreational shark fishery, bag limits vary by species, with a one shark per vessel for most species, and size limits apply for most sharks.

FWC Regulations Commercial and recreational Harvestable species: 15 commercial and 16 recreational Limits: 1 per person , maximum of 2 sharks/vessel Minimum size for majority of species Hook-and-line only 0 0 Non-stainless-steel, non-offset circle hooks required when using natural bait 0 Use of natural bait prohibited when using treble hooks Must be landed with head, tail, and fins attached Prohibited species must remain in water Shore-based shark-fishing regulations Federal permit required for commercial harvest In general, FWC manages commercial and recreational shark harvesters with similar regulations. There are 15 shark species that may be commercially harvested and 16 sharks that may be recreationally harvested. The difference between the number of harvestable species in state waters centers on shortfin mako, which is prohibited from commercial harvest in state waters. Shortfin mako may only be retained commercially if the shark is caught dead in longline and gill nets; both gears are not allowed in state waters. For shark species that can be harvested, anglers are allowed one shark per person per day with a maximum of two sharks per vessel. Several shark species for which harvest is allowed are subject to a minimum size limit of 54-inches fork length. Sharks without a minimum size limit include several small coastal species that do not generally reach 54 inches in length. The only allowable gear type is hook-and-line with non-stainless-steel, nonoffset circle hooks when using natural bait, and the use of natural bait is prohibited when using treble hooks. All sharks that are harvested must be landed with the head, tail, and fins naturally attached. Any prohibited species caught must remain in the water. When shark fishing from shore, a Shore-Based Shark Fishing permit is required. Commercial shark fishermen in Florida state waters are required to have an annual federal vessel permit in addition to the state’s commercial fishing license (the Saltwater Products License). Additionally, commercial harvesters may only sell their shark harvest to wholesale dealers who have a valid federal Atlantic shark dealer permit.

Florida's Harvestable Shark Species Small coastal species Atlantic sharpnose Blacknose Large coastal species Blacktip Bull Bonnethead Finetooth Nurse Spinner Great hammerhead Pelagic species Blue Common thresher Oceanic whitetip Porbeagle I] . Shortfin mako* Scalloped hammerhead Smooth hammerhead Other Smooth dogfish Florida smoothhound Gulf smoothhound Lemon Sandbar Silky Tiger . · · Blue italics harvest only allowed in federal waters This slide outlines the harvestable species in Florida state and federal waters. The species in blue italics are species that are prohibited from harvest in Florida state waters, but are allowed for harvest in federal waters. In federal waters, 23 species can be harvested commercially and recreationally. In Florida state waters, 15 shark species can be harvested commercially and 16 can be harvested recreationally. Commercial harvest of shortfin mako is not allowed in state waters.

FWC's Prohibited Species Rationale ESA Listed vs. Prohibited ESA Listed extinction concern, determined to be threatened or endangered Prohibited no harvest, not always a population concern Great hammerhead Essential Fish Habitat State regulations provide additional conservation Protection for overfished stocks Species identification challenges Essential Fish Habitat for many species 0 Species aggregate to reproduce in coastal waters 0 Pregnant females vulnerable to harvest 0 Shallow state waters contain critical nursery habitat There are several reasons why FWC may consider prohibiting a shark species from harvest. First, when discussing prohibited species, there is often confusion between a prohibited species and an ESA listed species. A species may warrant an ESA listing if there is an extinction concern for the species population, and if that population is determined to be threatened or endangered. A prohibited species is species that may not be harvested or landed from state waters, but it does not always mean there is a population concern. Regulations in Florida’s state waters provide considerable conservation benefits for many shark species. FWC may prohibit a shark for several reasons including to provide additional conservation measures for overfished populations, like dusky, sandbar, and scalloped hammerhead sharks. Additionally, identification is challenging among shark species, and species could be added to the prohibited list if they are difficult to distinguish from other prohibited species. For example, many ridgeback sharks, such as dusky, sandbar, and silky sharks, can be commonly misidentified. Additional regulations in state waters can also provide protections during vulnerable stages of a sharks’ life history. NOAA Fisheries has identified Florida’s coastal waters as Essential Fish Habitat (EFH) for several large coastal sharks, such as the great hammerhead, lemon, dusky, sandbar, and tiger sharks. EFH is defined as waters and substrate necessary for fish to spawn, breed, feed, or grow to maturity. Florida’s shallow state waters contain critical nursery habitat where pregnant female sharks occur in predictable locations at specific times of the year, making them more vulnerable to harvest. By limiting or prohibiting harvest of species particularly susceptible to fishing pressure in state waters at this important life stage, Florida is able to provide an extra level of shark conservation while maintaining harvest opportunities for many of these species in adjacent federal waters under the federal regulations.

Overview of Eastern U.S. Shark Fishery Recreational Largely catch-and-release Private boat effort decreasing For-hire and shore effort has remained steady Number of HMS tournaments vary by species and year Commercial Total permits issued decreasing Landings and number of shark trips decreasing Small number of fishermen land most sharks This slide provides a high-level overview of the Eastern U.S. commercial and recreational shark fisheries in recent years. Generally, from 2014 through 2020, the recreational shark fishery (both direct and indirect) is primarily a catch-and-release fishery, and largely an incidental fishery for most species. Smoothhound, Atlantic sharpnose, and bonnethead sharks are the most commonly caught species; however, species identification is a challenge and most sharks released are unidentified. Over the last six years, private boat effort has shown a declining trend, while for-hire and shore effort for sharks has remained steady. Tournaments targeting HMS species is a popular recreational activity throughout the Atlantic and Gulf of Mexico. From 2016-2019, the number of HMS shark tournaments targeting small coastal sharks and pelagic sharks have seen a declining trend, where tournaments targeting smoothhound and large coastal sharks have seen an increasing trend. From 2014 through 2019, the total number of commercial shark permits issued decreased, and the number of inactive permits increased. Shark landings by weight and the number of trips landing sharks has decreased, particularly in the Gulf of Mexico in 2019. Additionally, a small number of shark fishermen account for a large portion of the commercial shark landings. For each of the shark management groups (large coastal sharks, small coastal sharks, pelagic, and smoothhound), the top three vessels landed approximately 15% of annual landings.

1989-2019 Florida Commercial Shark Landings 8,000,000 7,000,000 (/) "O C 6,000,000 :::J 0 0. ,f; 5,000,000 (/) C) ,f; 4,000,000 "O C C'O J 3,000,000 4,000,000 - State Pounds - Federal Pounds - Combined Pounds - Combined Value 3,500,000 3,000,000 - Federal Value - state Va lue 2,500,000 (fl ,f; 2,000,000 1,500,000 2,000,000 1,000,000 1,000,000 500,000 0 0 Cf) :: (].) :::J 0 The figure shows 1989-2019 Florida commercial shark landings from state and federal waters. Years are depicted on the x-axis, landings in pounds are depicted on the left y-axis, and value in U.S. dollars is on the right y-axis. In 1995, some fields on the trip ticket, such as area fished, became mandatory to report. It took about two years for those changes to be consistently reported. Prior to about 1997, many landings did not specify area fished on the trip ticket or those areas were incorrectly reported as being from state waters. To deal with potentially confusing or ambiguous data, those landings have been combined as both state and federal landings (blue bars). Additionally, the value may not accurately reflect the correct value given the discrepancy in reported areas, thus those values are also combined and depicted by a dark orange line. Starting in 1997, the value of shark landings from state waters (black bars) is minimal, as indicated by the black line. Landings from federal waters (green bars) have also decreased over time, though value has shown decreases and increases over time, as show by the purple line. In recent years, the ex-vessel price per pound has increased. The red arrows represent notable regulatory changes. The arrow above 1992 reflects when the commercial and recreational daily bag limit of one shark per person and a maximum possession limit of two sharks per vessel was established. The arrow above 1995 reflects when the Net Limitation Amendment for state waters went into effect. The arrow above 2006 indicates when 13 shark species were added to FWC’s prohibited list and when HMS finalized the consolidated shark fishery management plan.

Current Shark-related Topics for Florida Shark fin legislation Shore-based shark-fishing update Shark feeding Shark interactions with fishermen There are a variety of shark-related topics and conflicts in Florida. This next several slides will provide a discussion of recent shark fin legislation, a shore-based shark-fishing update, shark feeding, and shark interactions with fishermen.

Shark Fin Legislation "Finning" is removing fins at sea and discarding remainder of shark 0 Banned in U.S. but continues elsewhere 2020 Florida Legislation - Kristin Jacobs Ocean Conservation Act Effective Oct. 1 Prohibits import, export, and sale of separated shark fins Exception for commercial harvesters and dealers with a valid federal permit as of Jan. 1, 2020 Requires FWC to evaluate potential impact of total ban (due by Dec. 31, 2021) 0 2019/2020 Congressional shark fin bills Shark Fin Sales Elimination Act Sustainable Shark Fisheries and Trade Act In recent years, there has been a push by some shark advocates at both state and federal levels to ban possession and sale of separated shark fins. “Finning” is the practice of removing shark fins at sea and discarding the rest of the shark without bringing it to shore. The practice of finning has been banned in Florida since 1992 and in all U.S. waters since 2000; however, finning does still occur in other parts of the world. Proponents of banning the possession or sale of fins believe it would improve international shark conservation. As part of the 2020 Florida Legislature, Governor Ron DeSantis signed into law the Kristin Jacobs Ocean Conservation Act. Effective Oct. 1, 2020, this law prohibits the import, export, and sale of separated shark fins in Florida. However, this bill provides exceptions for commercial harvesters and wholesale dealers with a federal HMS shark permit as of Jan. 1, 2020, allowing them to continue to buy and sell fins from legally landed sharks. This bill also requires FWC to evaluate the potential economic impacts of imposing a total ban on the Florida shark fin fishery, identify actions to lessen or offset such potential impacts, and evaluate potential impacts the prohibition may have on the shark population. This report must be submitted to the Governor, President of the Senate, and Speaker of the House of Representatives by Dec. 31, 2021. Several shark fin-related bills were introduced during the 116th Congress. The Shark Fins Elimination Act (H.R. 737 and S. 877) was introduced by Delegate Sablan (Northern Mariana Island) and Senator Booker (NJ). These bills would make it illegal to possess, buy, sell, transport, or trade shark fins or any product containing shark fins. The Sustainable Shark Fisheries and Trade Act (H.R. 788 and S. 1008) was introduced by Congressman Webster (FL) and Senator Rubio (FL). These bills would establish a certification process to ensure any nation engaging in shark trade into or through the U.S. has regulatory conservation programs comparable to ones in place for the U.S.

Shore-based Shark-Fishing Update Effective July 2019: helps address concerns about shark conservation and public safety Anyone fishing for sharks from shore must pass educational course and obtain annual permit 0 0 20,000 completed course, 18,000 permits issued Educational course nationally recognized Refresher course coming Spring 2021 Device capable of cutting leader/hook Do not delay release of prohibited sharks Shore-based shark-fishing has been a popular recreational fishery for decades and is largely focused on catch-and-release. FWC implemented new shore-based shark fishing regulations to address stakeholder concerns about shark conservation, public safety, and continued participation in this historical fishery that became effective in July 2019. These regulations require anyone fishing for or harvesting sharks from shore to pass the online Shore-based Shark-Smart Fishing education course and obtain the annual, no-cost Shorebased Shark-Fishing Permit (mandatory for all shore-based shark anglers 16 years and older). From June 2019 – June 2020, over 20,000 people completed the online educational course and 18,134 permits were issued. Recently, the Shore-based Shark-Smart Fishing course was nationally recognized by the Association for Conservation Information and received third place among other wildlife agencies educational programs. Additionally, FWC will be releasing a refresher Shore-based Shark-Smart Fishing course for anglers who have already completed the original course in Spring 2021. Additional requirements for those fishing for sharks from shore were also implemented in July 2019. These include the possession of appropriate line or hook cutters, and not to delay the release of prohibited shark species.

Shark Feeding Introduction of any food/substance into the water by a diver/snorkeler to feed or attract marine species Shark feeding is prohibited in state waters; allowed in federal waters Staff supported legislation to prohibit shark feeding in federal waters FKNMS proposal to expand fish feeding definition FWC’s defines “fish feeding”, which includes shark feeding, as the introduction of any food or other substance into the water by a diver or snorkeler for the purpose of feeding or attracting marine species, except for the purpose of harvesting such marine species as otherwise allowed by FWC rules. The practice of feeding fish, including sharks, is prohibited in Florida state waters but is allowed in adjacent federal waters. Staff has supported options for federal legislation that would prohibit shark feeding in federal waters off Florida in the past. Additionally, within the Florida Keys National Marine Sanctuary Restoration Blueprint, there is a proposal to prohibit the feeding of fish, sharks, and other marine species while diving and from a vessel. The Commission supports this proposal and could consider updating statewide regulations to be consistent with the FKNMS, which would expand FWC’s definition to include prohibiting fish feeding from a vessel.

Shark Interactions Successful shark conservation and management has led to increase in sharks Increasing reports of shark predation on catch across reg ions Impacts 0 Loss of catch and mortality of released fish 0 Lost revenues and gear damage 0 Reduces fishing efficiency I I I Creates negative attitudes towards sharks Commonly reported key species include 0 Bull, great hammerhead*, sandbar*, and dusky* Stakeholders have requested HMS, Councils, and FWC address issue Successful shark conservation and management at both federal and state levels has led to an increase in shark numbers as some populations begin to recover. Over the years, there have been increasing reports of shark predation on fishermen's catch, where sharks will partially or completely consume an animal caught by fishing gear before it can be brought on board. These interactions are not a new phenomenon, and shark predation on catch occurs in both commercial and recreational fisheries throughout the Atlantic, Gulf, and even globally. There are a range of biological, economic, and social impacts from these shark interactions. Sharks are opportunistic feeders and can selectively prey on weak or injured animals, especially fish caught by fishermen, which can lead to loss of catch and mortality of released fish. Additionally, these interactions can lead to costly losses of commercially valuable fish and gear damage. Furthermore, these interactions can lead to a reduction in fishing efficiency due to lost catch and having to relocate to different fishing grounds to avoid sharks, impacting the overall fishing experience. Finally, these increased and repeated predation interactions can foster an overall negative attitude towards sharks in general. Some of the commonly reported key shark species involved in these predation events in Florida waters include bull, great hammerhead, sandbar, and dusky sharks. Of these species, great hammerhead, sandbar, and dusky sharks are prohibited from harvest in state waters, dusky is prohibited from harvest in federal waters, and both sandbar and dusky are under rebuilding plans. O

As top predators, sharks play a vital role in marine environments by regulating ecosystem structure and function. Sharks are long-lived animals that are slow to mature and have few offspring. For example, white sharks (commonly known as great whites) can live up to 70 years and females do not start producing offspring until around age 15.

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