NMFS continues to pursue options for additional observer coverage to collect more recent and more geographically comprehensive data on mortality in Alaska's state fisheries, and we will prioritize observation of the Southeast Alaska drift gillnet fishery. Comment 7: HLA restates a previous comment opposing the inclusion of the Hawaii stocks of Kogia species (pygmy or dwarf sperm whales) on the list of species and/or stocks incidentally killed or injured in the Category I HI deep-set longline fishery. are not part of the published document itself. Therefore, the high seas components of these fisheries pose the same risk to marine mammals as the components of these fisheries operating in U.S. waters. Am I required to comply with any marine mammal TRP regulations? All other documented lobster interactions were determined to result in non-serious injuries. Atlantic Large Whale Take Reduction Plan (ALWTRP). The Public Inspection page may also This wire mesh, along with the 7/16 inch poly and associated gangions, is consistent with gear used in trap/pot fisheries conducted along the east coast of the U.S. and Canada (NMFS 2010 Large Whale Entanglement Report), which is consistent with some gear fished in exempted waters. The Sustainable Fisheries Division is responsible for conservation of fishery resources, eliminating overfishing, rebuilding overfished populations, maintaining healthy commercial and recreational fisheries, creating long-term economic and social benefits to the nation from living marine resources, and ensuring that harvest and hatchery decisions are consistent with the Federal governments Indian trust responsibilities and treaty obligations. They note that this M/SI is assigned to both the resident and transient stocks of killer whales and is outside the 5 year timeframe (2013-2017) of the 2021 LOF. Literature citations should read as . Because fisheries are classified on a per-stock basis, a fishery may qualify as one category for one marine mammal stock and another category for a different marine mammal stock. Either there is limited interaction with eulachon in these fisheries or most eulachon encounters result in fish escaping trawl nets or avoiding trawl gear altogether. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally whenever we propose to authorize take for endangered or threatened species. Red tracers are indicative of the gear marking scheme required for the ALWTRP Northern Inshore Trap/Pot fishery management area, a management area that overlaps Maine, New Hampshire, and Massachusetts state waters. Commerce, NOAA Technical Memorandum. Therefore, NMFS has classified certain fisheries by analogy to other fisheries that use similar fishing techniques or gear that are known to cause mortality or serious injury of marine mammals, or according to factors discussed in the final LOF for 1996 (60 FR 67063; December 28, 1995) and listed in the regulatory definition of a Category II fishery. ^Only applicable to the portion of the fishery operating in the Atlantic Ocean. NMFS published the final rule to implement harvest specifications and management measures for the 2023-2024 biennium for most species managed under the PCGFMP on December 16, 2022 ( 87 FR 77007 ). 2020. This provides directives for consistently assigning M/SI to stocks, including times when the M/SI is documented in an area of overlapping stocks. Therefore, the Commission reiterates its recommendation that NMFS reclassify the SE Alaska salmon drift gillnet as a Category I fishery. Response: This comment has been addressed previously (see 84 FR 22051, May 16, 2019). There are two distinct population segments (DPS) for green sturgeon on the West Coast: Southern DPS and Northern DPS. Table 1 lists commercial fisheries in the Pacific Ocean (including Alaska), Table 2 lists commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean, Table 3 lists commercial fisheries on the high seas, and Table 4 lists fisheries affected by TRPs or TRTs. NOAA Fisheries Office of Law Enforcement, West Coast Division; NOAA General Counsel, Northwest Section; and NOAA General Counsel, Southwest Section December 2021 1 "NOAA" is the National Oceanic and Atmospheric Administration. documents in the last year, 282 offers a preview of documents scheduled to appear in the next day's However, the probability of encountering either stock is not 100 percent, but proportional to the relative population of the stocks throughout the range. Individuals fishing in Category I and II fisheries for which no state or Federal license or permit is required must register with NMFS by contacting their appropriate Regional Office (see ADDRESSES). MLA further states that there are several factors with disparity among the Northeast and mid-Atlantic lobster fisheries, as well as significant differences in potential overlap with North Atlantic right whales. The Western North Atlantic stock of pantropical spotted dolphins' total annual estimated fishery-related M/SI is presumed to be zero, as there were no reports of mortalities or serious injuries (2019 SAR). NMFS adds the Western North Atlantic offshore stock of bottlenose dolphin to the list of species/stocks incidentally killed or injured in the Category II mid-Atlantic mid-water trawl (including pair trawl) fishery. Learn more about key issues in our sub-regions. NMFS Office of Protected Resources (OPR) has authorized take of four species of marine mammals which are listed under the ESA, including the North Atlantic right, fin, sei, and sperm whale, and . After publication of the final rule, NMFS noted the need for corrections to Of those, 0.2 were attributed to U.S. fisheries, 1.2 to Canadian fisheries, and the remaining 4.15 were undetermined. Following consultation with the U.S. They represent the official positions of NMFS and the FWS only after they have been approved by the Assistant Administrator for Fisheries or the Regional Director. The impacts of numerous fisheries have been analyzed in various biological opinions, and this rule will not affect the conclusions of those opinions. We also conduct research throughout the Pacific Ocean and in the Southern Ocean around Antarctica. The Groundfish Trawl Catch Share Program freed fishermen from having to race each other to catch the most fish. We observe and monitor living marine resources and their environments in the Pacific Northwest and California Current ecosystem. Habitat protection and restoration are critical components of species recovery and conservation. Authority: In the absence of reliable information indicating the frequency of incidental mortality and serious injury of marine mammals by a commercial fishery, NMFS will determine whether the incidental mortality or serious injury is occasional by evaluating other factors such as fishing techniques, gear used, methods used to deter marine mammals, target species, seasons and areas fished, qualitative data from logbooks or fishermen reports, stranding data, and the species and distribution of marine mammals in the area, or at the discretion of the Assistant Administrator for Fisheries (50 CFR 229.2). Open Access (OA) Gears North of 4010' N Lat. No comments were received on that certification, and no new information has been discovered to change that conclusion. WA Puget Sound Region salmon drift gillnet (includes all inland waters south of US-Canada border and eastward of the Bonilla-Tatoosh line-Treaty Indian fishing is excluded), Dall's porpoise, CA/OR/WA. However, not all eulachon avoid the groundfish fishery's trawl nets and thus some are observed as bycatch. Harbor seal, WNA. NMFS is requesting comments on this proposed RFD schedule. Refer to NMFS No. 1201 NE Lloyd Boulevard, Suite 1100 PORTLAND, OR 97232-1274. Western Pacific Pelagic (HI Deep-set component)*^. Given NMFS's assessment in 2012 proposed LOF that interactions were likely `occasional', combined with more recent information, the Commission recommends that NMFS reclassify the Category III Hawaii troll fishery as a Category II fishery. CA yellowtail, barracuda, and white seabass drift gillnet (mesh size 3.5 in and <14 in). Bottlenose dolphin, Northern GMX continental shelf. Changes made to Mid-Atlantic and New England fishery participants will not affect observer coverage or bycatch estimates, as observer coverage and bycatch estimates are based on vessel trip reports and landings data. The portfolio effect plays a critical role in population productivity and stability. The classification of a fishery on the LOF determines whether participants in that fishery may be required to comply with certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements. May 10, 2019. McSweeney, E.M. Oelson, A.L. AK Bering Sea, Aleutian Islands Atka mackerel trawl, AK Bering Sea, Aleutian Islands Pacific cod trawl, AK state-managed waters of Prince William Sound groundfish trawl, AK Bering Sea, Aleutian Islands sablefish pot, AK Bering Sea, Aleutian Islands groundfish jig, Commonwealth of the Northern Mariana Islands bottomfish, AK Southeast herring roe/food/bait pound net, WA/OR bait shrimp, clam hand, dive, or mechanical collection, OR/CA sea urchin, sea cucumber hand, dive, or mechanical collection, AK/WA/OR/CA commercial passenger fishing vessel. However, 86 percent of known entanglements were in Canadian gear. The description of observer coverage included in the LOF fishery fact sheet is outdated and does not reflect the Observer Program structuring for catcher processor and catcher vessels sectors since 2012. NMFS adds the U.S. stock of California sea lion to the list of species/stocks incidentally killed or injured in the Category III WA/OR/CA shrimp trawl fishery. West Coast Region . Groundfish refers to more than 90 different types of roundfish, flatfish, rockfish, sharks, and skates off the West Coast. NMFS adds both the Eastern North Pacific Gulf of Alaska, Aleutian Islands, and Bering Sea Transient stock, and West Coast Transient stock, of killer whales to the list of species/stocks incidentally killed or injured in the Category II CA Dungeness crab pot fishery. Rockfish: Numerous species, including widow, yellowtail, canary, and vermilion rockfish; bocaccio, chilipepper, cowcod, yelloweye, thornyheads, and Pacific ocean perch. A fishery is typically classified on the LOF at its highest level of classification (e.g., a fishery qualifying for Category III for one marine mammal stock and for Category II for another marine mammal stock will be listed under Category II). NMFS has classified these fisheries by analogy to other Category I or II fisheries that use similar fishing techniques or gear that are known to cause mortality or serious injury of marine mammals, as discussed in the final LOF for 1996 (60 FR 67063; December 28, 1995), and according to factors listed in the definition of a Category II fishery in 50 CFR 229.2 (i.e., fishing techniques, gear types, methods used to deter marine mammals, target species, seasons and areas fished, qualitative data from logbooks or fishermen reports, stranding data, and the species and distribution of marine mammals in the area). documents in the last year, 36 Importantly, the state of Maine does not use unique gear configurations from other states and gear configurations within Maine's waters are not uniform or divided across the geographic boundaries (i.e., exemption lines) that MLA has identified. In 2006, through Amendment 19, over 100,000 square miles of the EEZ, including approximately 14,000 square miles of some of the most sensitive ocean floor habitats off Washington, Oregon, and California, were closed to bottom trawling, or to all bottom-contacting gears. Cameron, P.J. NMFS-PIFSC-75. Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean pelagic hook-and-line/harpoon. Further, eligible commercial fisheries not specifically identified on the LOF are deemed to be Category II fisheries until the next LOF is published (50 CFR 229.2). Western Pacific Pelagic (HI Shallow-set component)*^. Also, MHI Insular false killer whale range overlaps with areas that are open to deep-set longline fishing and MHI Insular false killer whales have been documented with injuries consistent with fisheries interactions that have not been attributed to a specific fishery (Baird et al., 2014). Box 22668, 709 West 9th Street, Juneau, AK 99802, Attn: Suzie Teerlink; orStart Printed Page 3032. We initiated this review in response to a petition submitted by the Center for Biological Diversity, dated August 16, 2005, to list the North Pacific right whale as a separate endangered species. The 2021 LOF generally summarizes data from 2013-2017, and in addition to the SARs, the LOF also reviews other sources of information, including injury determination reports and observer data. All other documented lobster interactions were determined to result in non-serious injuries. NMFS works in partnership with industry, universities, and state, local, and tribal agencies to collect data about commercial species. The state is currently pursuing a gear marking regime in these exempted waters that may provide additional data about entanglement risk in these areas in the future. Members of this partnership celebrate this approach and the results. Bottlenose dolphin, Northern Migratory coastal. For observed fisheries with evidence indicating that undocumented interactions may be occurring (e.g., fishery has evidence of fisheries interactions that cannot be attributed to a specific fishery, and stranding network data include evidence of fisheries interactions that cannot be attributed to a specific fishery), stocks may be retained on the LOF for longer than 5 years. Comment 16: Whale Safe USA requests NMFS maintain the Category I classifications for Northeast/Mid-Atlantic American lobster trap/pot fishery and Northeast sink gillnet fishery. Sources of Information Reviewed for the 2021 LOF, Comments on Commercial Fisheries in the Pacific Ocean, Comments on Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean, Summary of Changes From the Proposed Rule, Commercial Fisheries in the Pacific Ocean, List of Species and/or Stocks Incidentally Killed or Injured in the Pacific Ocean, Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean, Fishery Name and Organizational Changes and Clarification, List of Species and/or Stocks Incidentally Killed or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean, https://www.federalregister.gov/d/2021-00570, MODS: Government Publishing Office metadata, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region, https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables, https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program, https://www.fisheries.noaa.gov/permit/high-seas-fishing-permits, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams, https://www.fisheries.noaa.gov/webdam/download/64690366, CA thresher shark/swordfish drift gillnet (14 in mesh)*. Our Vision Additionally, species identified by logbook entries, stranding data, or fishermen self-reports (i.e., MMAP reports) may not be verified. In January 2019, there was an observed mortality of a false killer whale incidental to the Hawaii deep-set longline fishery that occurred within the Start Printed Page 3034range of the NWHI stock. The SARs are available at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. Additionally, no data is currently available to suggest state fisheries should be separated from the Category I Northeast sink gillnet fishery, therefore NMFS retains the Category I classification for the Northeast sink gillnet fishery. the Federal Register. 2019. Specifically, these offices implement protections and conservation efforts under the Endangered Species Act, essential fish habitat (EFH) provisions under the Magnuson-Stevens Act, and actions under the Federal Power Act and the Fish and Wildlife Coordination Act in their geographic areas. Based on the findings from the Bottlenose dolphin, Northern migratory coastal. The groundfish fishery management plan contains measures to conserve and protect groundfish essential fish habitat. The effective date of this final rule is February 16, 2021. documents in the last year, 513 ^The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the list of marine mammal species and/or stocks killed or injured in U.S. waters component of the fishery, minus species and/or stocks that have geographic ranges exclusively in coastal waters, because the marine mammal species and/or stocks are also found on the high seas and the fishery remains the same on both sides of the EEZ boundary. Aurioles-Gamboa, D. and C. J. Hernadez-Camacho. Comment 1: A commenter recommends that NMFS require Category III fisheries to accommodate observers aboard vessels in order to expand data collection on marine mammal bycatch in fisheries. For these fisheries, NMFS will review the other sources of relevant information to determine when it is appropriate to remove a species or stock from the LOF. This observed count of entanglements is not representative of total fishery-related M/SI that goes undetected or unattributed to a particular cause, and therefore represents the minimum M/SI. documents in the last year, by the Nuclear Regulatory Commission The OFR/GPO partnership is committed to presenting accurate and reliable For complete information about, and access to, our official publications Starting with the 2010 LOF, NMFS developed summary documents, or fishery fact sheets, for each Category I and II fishery on the LOF. The information contained in the SARs is reviewed by regional Scientific Review Groups (SRGs) representing Alaska, the Pacific (including Hawaii), and the U.S. Atlantic, Gulf of Mexico, and Caribbean. Re: Endangered Species Act Section 7(a)(2) Biological Opinion and Magnuson-Stevens Bottlenose dolphin, Northern GA/Southern SC estuarine. Bryan Schenone, Director of the Siskiyou County Office of Emergency Services (OES) stated in a 2022 interview with Jefferson Public Radio that "he was not notified in February or November [2022] when freight trains derailed at the Cantara Loop.". Boggs, K.A. There are two additional non-serious injury entanglement cases that involved Maine lobster gear. California sea lion, U.S. Harbor seal, OR/WA coast. The non-tribal commercial West Coast groundfish fishery consists of a wide variety of vessels using different types of fishing gear. by the Foreign Assets Control Office Both the Northwest and Southwest Regional prioritizations began with a list of all 136 stocks managed by the PFMC under four Fishery Management Plans (FMPs): Coastal Pelagic Species (8 stocks) Pacific Coast Groundfish (50 stocks2) Pacific Coast Salmon (66 stocks3) U.S. West Coast Fisheries for Highly Migratory Species (12 stocks4) Scott most recently served as the Deputy Regional Administrator for the region since 2017. Document page views are updated periodically throughout the day and are cumulative counts for this document. A Rule by the National Oceanic and Atmospheric Administration on 01/14/2021. The Commission notes the final 2012 LOF (76 FR 73912, November 29, 2011) did not finalize the fishery proposed reclassifications. 1387(c)(1)). | Find, read and cite all the research . Back . For fisheries with no observer coverage and for observed fisheries with evidence indicating that undocumented interactions may be occurring (e.g., fishery has low observer coverage and stranding network data include evidence of fisheries interactions that cannot be attributed to a specific Start Printed Page 3030fishery) species and stocks may be retained for longer than 5 years. They state that the M/SI should be distributed between stocks based on the relative proportion of the population of the two stocks combined. The commenter notes that the Northeast/mid-Atlantic American lobster trap/pot fishery is classified as a Category I fishery for North Atlantic right whales, yet there has been only one confirmed mortality in American lobster trap/pot gear in the past decade (2012) and no documented serious injuries (as stated in the 2020 LOF final rule). The fishery classification criteria consist of a two-tiered, stock-specific approach that first addresses the total impact of all fisheries on each marine mammal stock and then addresses the impact of individual fisheries on each stock. Comment 6: HLA restates a previous comment recommending NMFS remove the Main Hawaiian Islands (MHI) insular and Northwestern Hawaiian Islands (NWHI) stocks of false killer whales from the list of species and/or stocks incidentally killed or injured in the Category I Hawaii deep-set longline fishery. WestCoast Region, NMFS, NOAA| 7600Sand Point Way NE| Seattle | WA | 98115. Blainville's beaked whale, HI. Fish and Wildlife Service share jurisdiction of some listed entities; this service only contains spatial data for NMFS critical habitat in the West Coast Region. Theseare used to record fishing activity at sea. We use science to improve peoples lives, save species, and protect ecosystems. In the West Coast groundfish fishery, the position data is primarily used to monitor fishing activity relative to closed areas. Groundfish Stock Assessments and Fishery Evaluations, NMFS will make a decision regarding an Amendment to the Pacific Coast Groundfish Fishery Management, Several types of closed areas, including Rockfish Conservation Areas, or RCAs, and Block Area, Federal Register Notices Establishing the Trawl Catch Share Program Cost Recovery Program and, Stay informed of all the latest regional news around NOAA Fisheries, Sustainable Fisheries, Sustainable Seafood, Rebound in Groundfish Leads to New Flexibility for Fishermen, Protection for Deep-Sea Corals, Devastating Collapse of Groundfish Fishery Forces a More Sustainable Future, NOAA Fisheries Releases Draft National Seafood Strategy, Requests Public Input, NOAA Fisheries Strategic Plan for 20222025. A single, high-flow channel at Finn Rock Reach. Multiple states participate in the Northeast/mid-Atlantic American lobster trap/pot fishery, using a wide variety of gear and gear configurations throughout a large portion of coastal waters. NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 6 to the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) for review by the Secretary of Commerce. The following summarizes changes to the LOF for 2021, including the classification of fisheries, fisheries listed, the estimated number of vessels/persons in a particular fishery, and the species and/or stocks that are incidentally killed or injured in a particular fishery. Therefore, some vessels/participants may possess valid HSFCA permits without the ability to fish under the permit because it was issued for a gear type that is no longer authorized under the most current FMP. Committed to conserving and protecting our trust resources, the West Coast Region provides science-based conservation and management for sustainable fisheries and aquaculture, marine mammals, sea turtles, and endangered species, and their habitats. Groundfish inhabit a variety of depths, ranging from intertidal and nearshore to waters as deep as 3,500 meters (1,900 fathoms). Based on the information and analysis contained here and in the referenced documents, NMFS has determined the following: (1) the required mitigation measures will effect the least practicable impact on marine mammal species or stocks and their habitat; (2) the authorized takes will have a negligible impact on the affected marine mammal species . Response: As noted by the Commission, there are four stocks of pantropical spotted dolphins in the Hawaii Islands region: Oahu stock, 4-Islands stock, Hawaii Island stock, and Hawaii pelagic stock. NMFS is developing similar fishery fact sheets for each Category III fishery on the LOF. As discussed in the proposed rule, NMFS clarifies its response to Comment #14 in the 2020 Final LOF (85 FR 21079; April 16, 2020). Longer-lived species tend to produce fewer offspring that grow to adulthood, but have other life history traits for coping with environmental variability. . In addition, the spotted dolphin stock considered in 2011, was later split into four stocks (three insular and one pelagic) in the 2013 SAR, and each of the insular stocks is likely to have a smaller PBR than the estimates used in 2012 proposed LOF. MLA's further analysis shows zero M/SI attributed to the Maine lobster fishery over this most recent 5 year period, while there were six documented cases in Canadian trap/pot fisheries. Eulachon bycatch in the groundfish fishery appears to be driven by both eulachon distribution and cyclic abundance. NMFS addressed FWS' concern by deciding that when an ESU contained both steelhead and rainbow trout, NMFS would list only the steelhead population within that ESU as threatened or endangered. Collaboration Offers the Best Hope for Lasting Puget Sound Salmon Solution, International Collaboration To Monitor And Respond To Tagged Gray Whale, Blob Research Reveals Environmental Effects That Shut Down Fishing and Hiked Whale Entanglements, California Ecosystem Surveys Give Insight on Ocean Changes to Come, "There is No Typical": Life as a West Coast Groundfish Observer, Woody Venard holds a skilfish on the deck of a fishing vessel. Each document posted on the site includes a link to the We also coordinate closely within the Region to address protected resources, habitat, and aquaculture issues related to sustainable fisheries. Bottlenose dolphin, Northern GMX oceanic. Is Action Conserving at-risk habitats contributes to ecosystem resilience. The Commission continues to state that this M/SI estimate is based on data collected in salmon management areas 6-8 in 2012 and 2013, and is a conservative estimate since salmon management areas 6-8 comprise only a small portion of the total area surveyed. The Northwest Fisheries Science Center, with its headquarters in Seattle, Washington and five research stations in Washington and Oregon is home to more than 350 people with a wide range of expertise. Reflections on the West Coast Groundfish Survey. List of Abbreviations and Symbols Used in Table 1: AIAleutian Islands; AKAlaska; BSBering Sea; CACalifornia; ENPEastern North Pacific; GOAGulf of Alaska; HIHawaii; MHIMain Hawaiian Islands; OROregon; WAWashington; *Fishery has an associated high seas component listed in Table 3; and.
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