Atlantic Dolphin

Proposed Rule
a December 16, 2021

~ Florida Fish and Wildlife Conservation Commission Version 2

This presentation provides a summary of proposed rules to amend the Florida Fish and Wildlife
Conservation Commission’s (FWC) dolphin regulations [68B-41, Florida Administrative Code
(FAC)] to address increasing stakeholder concerns about declines in the Atlantic dolphin
fishery.

Division: Marine Fisheries Management

Authors: Kristin Foss, C.J. Sweetman, Jessica McCawley, and Martha Guyas
Contact Phone Number: (850) 487-0554
Report date: November 15, 2021

Unless otherwise noted, images throughout the presentation are by FWC.

Photo courtesy of Reagan England.
 Background
• Stakeholder concerns with decreasing dolphin
size and abundance in SE Florida and Keys
0 Supported by FWRI analyses
• SAFMC reduced recreational vessel limit from
60 to 54 fish in federal waters
° FWC strongly advocated for lower limits
• Commission expressed interest in more
proactive management
0 Sent letter to U.S. Department of State

In recent years, southeast (SE) Florida and Keys charter captains and anglers have raised
concerns with dolphin size and abundance. Specifically, these fishermen report seeing fewer and
smaller dolphin. These observations are supported by Florida Fish and Wildlife Research
Institute (FWRI) analyses that indicate a decline in recreational harvest and fewer larger dolphin
harvested in Florida’s dolphin fishery in recent years. Because of these declines and concerns
for the fishery, recreational fishermen have requested management changes by FWC and South
Atlantic Fishery Management Council (SAFMC).

At their June 2021 meeting, SAFMC reduced the dolphin recreational limit from 60 to 54 fish per
vessel for Atlantic federal waters along the entire U.S. east coast, and this action is pending
approval by the U.S. Secretary of Commerce. This vessel limit reduction excludes headboats,
which have no vessel limit but must abide by the 10 fish per person recreational bag limit. Based
on Commission direction, FWC strongly advocated for larger reductions as a precautionary
measure. However, representatives from North Carolina argued that their fishermen need a
larger vessel limit and supported only reducing the limit to 54 fish per vessel.

The Commission has expressed interest in more proactive management for the Atlantic dolphin
fishery, including reducing bag and vessel limits in Atlantic state waters, advocating for further
reductions in federal waters, and requesting increased international engagement. In February
2021, FWC sent a letter to the U.S. Department of State and NOAA Fisheries asking for
increased engagement with nations and territories in the Western Central and Northwest Atlantic
and for better harvest data and biological information to improve our knowledge of the fishery in
this region. FWC received a response from NOAA Fisheries, who noted their commitment to
increased international engagement and long-term sustainability of the fishery and discussed
expanding an existing international workgroup to include dolphin and other pelagic species.
 Atlantic-Caribbean Dolphin
■ Distributed from New England to Caribbean coast of South America
0 Status unknown and assessment unlikely
■ Short-lived with rapid growth and early maturity
0 Spawning peaks in Jan. - July off
southeast U.S. under sargassum
patches
■ Highly migratory and wide-ranging,
with multiple potential migration routes

Dolphin found off the U.S. are part of a larger Atlantic-Caribbean stock, which is distributed
from New England to the Caribbean coast of South America. Stock structure is unknown,
and no genetic differences have been found between sub-regions of the Atlantic-Caribbean.
Additionally, the status of the dolphin stock is currently unknown, and the stock has not been
successfully assessed. Due to the many unknowns within the fishery (e.g., amount of
international harvest, stock structure, etc.) and the absence of fishery-independent
monitoring, a traditional stock assessment is unlikely.

Dolphin are short-lived fish that grow rapidly and mature early in life. In their first year, they
can grow 1.5 to 5.5 inches in length per month. Dolphin maximum age is approximately 4
years, and they can reach sexual maturity between four and seven months. Dolphin
spawning peaks in January through July and occurs under floating sargassum patches.

Dolphin are highly migratory with wide-ranging movements. There are multiple routes
dolphin can take throughout the Atlantic and Caribbean throughout their lifetime. The
graphic on this slide illustrates the migratory path of a dolphin satellite-tagged by the
Dolphinfish Research Program. This dolphin was tagged off the Carolinas in June, then it
moved into open ocean waters north of Bermuda and continued traveling east before
looping back to the Greater Antilles in November.
 Dolphin and Temperature
• Water temperature influences regional and seasonal abundance
• Prefer a water temperature range from 66° to 84°F (19 to 29°C)
• Catch rates tightly linked to water temperature
C Highest at 75°F (24 °C) <ii"
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• Warming ocean waters and other environmental ~ ~

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factors could be impacting the stock ~ ~

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Dolphin are found in tropical, subtropical, and temperate waters worldwide. Water
temperature appears to strongly influence their regional and seasonal abundance. Dolphin
have a temperature preference that ranges from 66 to 84°F (19 to 29°C). Atlantic-Caribbean
dolphin catch rates are highest when the surface water temperature is 75°F (24°C) and are
negligible when temperatures are above 84°F (29°C), which is illustrated in the figure on the
slide (Farrell et al. 2014).

Because of this temperature preference, warming ocean waters and other environmental
changes could contribute to shifts in dolphin distribution and influence migration routes.
Reports of more frequent encounters with dolphin in the northeastern U.S. and a growing
directed recreational fishery there illustrate the northward distribution shift for this species.
Similarly, fewer encounters with dolphin in SE Florida and the Keys could be linked to warming
sea surface temperatures. Anecdotal reports from SE Florida and the Keys also indicate a
change in timing of arrival of large dolphin, which may indicate changes in movement patterns
as water temperature increases.
 U.S. Atlantic Dolphin Fishery
■ Important recreational and commercial fishery
■ 95% of harvest is recreational
■ Harvest varies annually, but averages approximately
17 million pounds per year since 2000
■ Trips targeting dolphin increasing along Mid-Atlantic
and New England

Dolphin is an important recreational and commercial fishery in the U.S. Atlantic. Currently,
90% of the quota is allocated to recreational sector and 10% is allocated to the commercial
sector. Recently, SAFMC established new catch levels and allocations for dolphin largely
based on updated recreational landings, and they reallocated the dolphin quota to be 93%
recreational and 7% commercial, which is pending approval by the U.S. Secretary of
Commerce.

Over the last 30 years, the majority of dolphin harvest has been from the recreational sector
(approximately 95%). The commercial dolphin fishery is also valuable, with landings in
recent years ranging from several hundred thousand pounds to greater than one million
pounds. Overall, recreational and commercial harvest varies annually, but averages to
approximately 17 million pounds per year since 2000.

Recreational trips targeting dolphin have been increasing along the Mid-Atlantic and New
England coasts. From New Jersey to Massachusetts, a directed recreational fishery is
growing, and anecdotal reports note dolphin are becoming more abundant, with more
frequent encounters.
 Florida's Atlantic Dolphin Recreational Fishery
• Most landings from SE Florida and Keys
• Majority of harvest occurs in federal waters (90%)
• Decrease in landings in recent years
Recreational Dolphin Harvest in Florida Atlantic Waters

16,000,000
■ State ■ Federal
14,000,000
-; 12,000,000
.c
~ 10,000,000
:f: 8,000,000
~
~ 6,000,000
4,000,000
2,000,000
0
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 ·
Year

Dolphin is an iconic and economically important recreational fishery to Florida. Along the
Atlantic coast, most recreational dolphin landings are from SE Florida and the Keys. The
figure on the slide illustrates recreational dolphin harvest from Atlantic state and federal
waters off Florida from 2010-2021 (Source: FWRI). Note: 2021 data is incomplete. The red
portion of the bars represent harvest from Atlantic federal waters off Florida and the blue
portion of the bars represent harvest from Atlantic state waters off Florida. Over the last 10
years, approximately 90% of recreational harvest came from federal waters and 10% came
from state waters. As illustrated in the figure, there has been a decrease in recreational
landings in both Atlantic state and federal waters off Florida in recent years.
 Florida Atlantic State Waters Recreational Regulations
Florida Atlantic State Waters

Minimum size limit 20 inches fork length (FL)

Bag limit 10 fish per person

Private vessels: 60 fish per vessel

Vessel limit
For-hire vessels: 10 fish per customer

Captain/crew bag Ii mit Zero

This table outlines recreational regulations for dolphin in Florida’s Atlantic state waters. The
recreational minimum size limit is 20-inches fork length, and the recreational bag limit is 10
fish per person. The private recreational vessel limit is 60 fish per vessel, and the for-hire
vessel limit is limited to the daily bag limit of dolphin multiplied by the number of customers
fishing aboard any vessel for-hire. For example, a charter with six passengers would have a
vessel limit of 60 fish and a headboat with 10 passengers would have a vessel limit of 100
fish. Captain and crew are prohibited from keeping a bag limit on for-hire trips. The
recreational bag and vessel limits apply statewide.
 Recent Stakeholder Feedback
• Persistent concern of fewer and smaller dolphin in SE Florida and Keys
• Requests for state and federal management actions
• Majority support reducing recreational bag and vessel limits
0 Most in favor of 5 per person and 30 per vessel
• Some support for modifying minimum size limit
• Many want additional commercial longline regulations
in federal waters

Over the years, FWC has heard persistent concerns from recreational fishermen about the
decline of the dolphin fishery in SE Florida and the Keys. Consistently, SE Florida and Keys
charter captains and anglers report fewer fish overall as well as fewer larger dolphin.
Further, the larger fish are showing up later in the year according to fishermen. As a result
of these concerns, fishermen have requested management action at both the state and
federal levels to address this decline. Many recreational fishermen note how important this
fishery is to the recreational sector in Florida and that current recreational limits are too high.

The majority of the recreational fishermen that have provided comments to FWC represent
the private and for-hire sectors, and most support reducing the recreational bag and vessel
limits. Suggestions for bag limit reductions range from three to seven fish per person, with
most stakeholders supporting five fish per person. Suggestions for vessel limit reductions
range from 15 to 54 fish per vessel, with most stakeholders supporting 30 fish per vessel.
However, several recreational fishermen oppose any changes to recreational dolphin limits
at this time. They noted that the declines could be due to environmental factors and
international harvest, and state waters regulation changes will have minimal impact since
most harvest occurs in federal waters.

Some support eliminating the size limit, while others support increasing the minimum size
limit to a range from 22 to 26 inches fork length.

Lastly, many recreational fishermen support modifying commercial dolphin regulations,

including establishing trip limits and implementing stricter longline regulations in federal
waters. Currently, in federal waters off Florida, there is no commercial trip limit if the vessel
has a federal dolphin wahoo commercial permit, but a 4,000-pound trip limit is in place if
75% of the commercial sector annual catch limit is reached.
 Proposed Rules
To address stakeholder concerns for the dolphin fishery in Atlantic state
waters, staff propose rule amendments to:

■ Reduce recreational bag limit from 10 to 5 fish per person

■ Reduce private recreational vessel limit from 60 to 30 fish per vessel
■ Clarify within rule that captain/crew bag limits are prohibited statewide

The proposed rules are a part of the Commission’s management approach to help address
stakeholder concerns for the dolphin fishery in Atlantic state waters. The proposed rules
would:
• Reduce the recreational bag limit from 10 to five fish per person in Atlantic state
waters,
• Reduce the private recreational vessel limit from 60 to 30 fish per vessel in Atlantic
state waters, and
• Clarify within the dolphin rule that captain/crew bag limits are prohibited statewide.
 Considerations
■ Fishermen concerned about declines in size and abundance in south Florida
0 Supported by FWRI analyses
0 Likely a function of environmental drivers and international harvest
■ Many fishermen support recreational limit reductions
■ State regulations may serve as a proactive conservation measure
■ As part of Commission strategy, staff could request SAFMC revisit
recreational limits in Atlantic federal waters
■ SAFMC will examine modifying size limit and
changes to the pelagic longline fishery in the future

There are several items to consider when modifying dolphin recreational limits in Atlantic state
waters. In recent years, recreational and for-hire fishermen have raised concerns about declines in
the size and abundance of dolphin in SE Florida and the Keys. FWRI analyses corroborate that
recreational landings in Atlantic waters off Florida have decreased in recent years and fewer
dolphin in the 30 to 40-inch size range are being harvested.

Studies have demonstrated that dolphin catch rates are linked to water temperature, and it is
reasonable to consider that the observed changes in the dolphin fishery in SE Florida may be
partly due to changing environmental conditions. Additionally, the magnitude of recreational and
commercial harvest in some countries and territories in the Atlantic-Caribbean region is largely
unknown, and therefore, impacts of this harvest cannot be quantified within the stock.

Although there are differing opinions, many stakeholder comments received by FWC support
reduced recreational limits, with the majority of comments in support of a five fish per person bag
limit and 30 fish per vessel limit in Atlantic state waters.

While most of the recreational harvest occurs in Atlantic federal waters, modifying Atlantic state
regulations is a step towards implementing more proactive conservation measures. Further, as
part of the Commission’s suggested dolphin strategy, staff could request SAFMC revisit
recreational limits in Atlantic federal waters.

Lastly, SAFMC is discussing modifications to the recreational size limit for dolphin in an upcoming
amendment that would be applied coastwide. SAFMC is expected to analyze the expected effects
of changing the size limit, and this information would likely be informative to Commission
discussions about changing the size limit in the future. Therefore, staff recommends maintaining
the current size limit in Florida Atlantic state waters until the amendment is completed. Additionally,
SAFMC will discuss changes to the federal waters pelagic longline fishery in a future amendment.
 Staff Recommendation
Approve proposed rules for dolphin in Atlantic state waters
• Reduce recreational bag limit to 5 fish per person
• Reduce private recreational vessel limit to 30 fish
per vessel
• Clarify within rule that captain/crew bag limits are
prohibited statewide

Support Commission dolphin strategy at SAFMC

If approved and directed, return for a final public

hearing in March 2022

Staff recommends approving the proposed rules that would:

• Reduce recreational bag limit to five fish per person in Atlantic state waters.
• Reduce private recreational vessel limit to 30 fish per vessel in Atlantic state waters.
• Clarify within the dolphin rule that captain/crew bag limits are prohibited statewide.

In the past, the Commission has supported reductions in recreational limits coastwide along
the Atlantic. Therefore, staff also recommends continuing to support the Commission’s dolphin
strategy at the federal level and support requesting SAFMC revisit recreational limits in Atlantic
federal waters.

If approved and directed, staff will return for a final public hearing at the March 2022
Commission meeting.