1387 (c)(1)(C)). (PDF) Biologically important areas II for cetaceans in U.S. and Refer to NMFS No: WCRO-2018-00288 . Comment 2: FLC recommends NMFS reclassify the AK Bering Sea, Aleutian Islands (BSAI) Pacific cod longline fishery from a Category II to Category III. 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. Individuals participating in a Category I or II fishery are required to accommodate an observer aboard their vessel(s) upon request from NMFS. At this time, we consider it appropriate to retain North Atlantic right whales as a species listed as driving the classification of the Northeast/mid-Atlantic lobster trap/pot fishery given that PBR is 0.8 and the further detail provided below, which reiterates responses provided in the 2020 Final LOF (85 FR 21079, April 16, 2020). California sea lion, U.S. Gray whale, Eastern North Pacific. Bottlenose dolphin, Puerto Rico and United States Virgin Islands. Comment 11: MLA states that the NMFS Category I Northeast/mid-Atlantic American lobster trap/pot fishery does not accurately capture marine mammal interactions and risk. London, S.A. Mizroch, R.R. Document Drafting Handbook New Documents and services, go to Therefore, NMFS reclassifies the AK BSAI Pacific cod longline fishery from a Category II to a Category III fishery in this final rule. Longer-lived species tend to produce fewer offspring that grow to adulthood, but have other life history traits for coping with environmental variability. West Coast Highly Migratory Species Fisheries and Gear They are in place for a two-year period, except as changed through in-season adjustments to management measures. The communications service provider receives the transmission and relays it to NOAA Fisheries. documents in the last year, 83 The description of observer coverage included in the LOF fishery fact sheet is outdated and does not reflect the Observer Program structuring for catcher processor and catcher vessels sectors since 2012. Boveng, J.M. Webster. The MHI insular stock of false killer whales have been documented via telemetry to move far enough offshore to reach longline fishing areas (Bradford et al., 2015). Conserving at-risk habitats contributes to ecosystem resilience. Individual Fishery Management and Evaluation plans for Coastal Pelagic Species, Groundfish, Highly Migratory Species, and Pacific Coast Salmon can be found at the Pacific Fishery headings within the legal text of Federal Register documents. 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. In a joint statement the Pacific Coast Federation of Fishermen's . Many vessels/participants holding HSFCA permits also fish within U.S. waters and are included in the number of vessels and participants operating within those fisheries in Tables 1 and 2. Response: As stated above in response to Comments #11 and 15, NMFS retains the Category I classification of the Northeast/Mid-Atlantic American lobster trap/pot fishery. For this reason, the number of HSFCA permits displayed in Table 3 is likely higher than the actual U.S. fishing effort on the high seas. NOAA Fisheries. The Arctic region extends from the Bering Strait to the Chukchi. NMFS must reexamine the LOF annually, considering new information in the Marine Mammal Stock Assessment Reports (SARs) and other relevant Start Printed Page 3029sources, and publish in the Federal Register any necessary changes to the LOF after notice and opportunity for public comment (16 U.S.C. A novel intrauterine satellite transmitter to identify - science.org For these fisheries, NMFS will review the other sources of information listed above and use its discretion to decide when it is appropriate to remove a species or stock. ESUs/DPSs of west coast anadromous salmonids was published in the Federal Register on February 6, 2015 (80 FR 6695). Bottlenose dolphin, GMX bay, sound, estuarine (FL west coast portion). Critical habitat has not been designated for all listed entities. documents in the last year, 467 Owners of vessels or gear engaged in a Category III fishery are not required to register with NMFS or obtain a marine mammal authorization.Start Printed Page 3031. Participants in these fisheries are automatically registered under the MMAP and are not required to submit registration or renewal materials. Given the additional regulatory requirements for Category I and II fisheries, NMFS uses known M/SI that can be attributed to a specific fishery for LOF analysis. NMFS, Pacific Islands Regional Office, Protected Resources Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: Diana Kramer. 2016. Zerbini. MLA recommends NMFS classify Maine's state and Federal water's lobster fisheries as unique fisheries, separate from the Category I Northeast/mid-Atlantic American lobster trap/pot fishery. better and aid in comparing the online edition to the print edition. There are no documented interactions with pantropical spotted dolphins in commercial troll fisheries on the high seas (2020 LOF). NMFS removes the Alaska stock of ringed seal from the list of species/stocks incidentally killed or injured in the Category II AK Bering Sea, Aleutian Islands Pacific cod longline fishery. NMFS also removes both the Eastern North Pacific AK resident stock and Gulf of Alaska, BSAI transient stock of killer whales from the list of species and/or stocks incidentally killed or injured in the BSAI Pacific cod longline fishery. Credit: NOAA/Liana Heberer. Steelhead, or occasionally steelhead trout, is the common name of the anadromous form of the coastal rainbow trout (Oncorhynchus m. irideus) or Columbia River redband trout (O. m. gairdneri, also called redband steelhead). The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 2021, as required by the Marine Mammal Protection Act (MMPA). It is not an official legal edition of the Federal West Coast Region 1201 NE Lloyd Boulevard, Suite 1100 PORTLAND, OR 97232-1274 Refer to NMFS No: WCRO-2021-01232 December 20, 2022 Todd Tillinger Chief, Regulatory Branch U.S. Army Corps of Engineers, Seattle District 4735 East Marginal Way South, Bldg. NOAA Technical Memorandum. ^Only applicable to the portion of the fishery operating in the Atlantic Ocean. Reflections on the West Coast Groundfish Survey. NMFS has designated those fisheries listed by analogy in Tables 1 and 2 by adding a 2 after the fishery's name. Should major changes to lobster gear and fishing practices be required and implemented for all Massachusetts state lobster fishing gear, making this gear unique and easily identified from other state and Federal gear, NMFS will re-evaluate the status of this fishery and consider it in a future proposed LOF. NMFS clarifies that this fishery targets shrimp species with various gear types, but mainly utilizes skimmer or otter trawls. the timing of BAT evacuation occurred during the known window of parturition for both species in the region based on the occurrence of neonates (25; 15). NMFS re-classifies two fisheries in the LOF for 2021. In February 2014, there was an observed interaction with a pygmy sperm whale (Kogia breviceps) in the Category I HI deep-set longline fishery. Approved recovery plans are subject to modification as dictated by new findings, changes in species status and the completion of recovery tasks. Developing a commercial-vessel-based stock assessment survey NOAA-NMFS-PIFSC-47, 29 p. Hayes, S.A., Josephson, E., Maze-Foley, K., Rosel, P.E., 2020. Webster. Groundfish populations on the West Coast have rebounded from lows experienced in the 1990s. Threatened species report - Guadalupe fur seals hold to recover With this request, the commenter is also not taking into consideration the high percentage of unidentified entanglements that are both first sighted in the U.S. and in Canada. They experience more pronounced boom and bust population dynamics. Otherwise, these fisheries are subject to the next tier (Tier 2) of analysis to determine their classification. The Regional Administrator's Office establishes policies, principles and priorities for the West Coast Region. Below are links to learn about a few of our West Coast species. State and regional abbreviations used in the following paragraphs include: AK (Alaska), CA (California), HI (Hawaii), OR (Oregon), WA (Washington), and WNA (Western North Atlantic). They typically become effective on January 1 of any given year (the beginning of the management cycle). We also note that two additional entanglements have been identified as Massachusetts lobster trap/pot entanglements (E36-16/RW 3623 and E25-09). The tier analysis requires a minimum amount of data, and NMFS does not have sufficient data to perform a tier analysis on certain fisheries. Credit: NOAA. Therefore, NMFS retains both the MHI insular and NWHI false killer whale stocks on the list of species and/or stocks incidentally killed or injured in the Category I Hawaii deep-set longline fishery. In Comment #14, MLA notes there has been only one right whale entangled in Maine gear in April 2002, and the entanglement was determined to be a non-serious injury. The LOF for 2021 reflects new information on interactions between commercial fisheries and marine mammals. NMFS acknowledges that, in some cases, these estimates may be inflations of actual effort. The number of permits listed in Table 3 represents only the number of permits for the high seas component of the fishery; **These gear types are not authorized under the Pacific HMS FMP (2004), the Atlantic HMS FMP (2006), or without a South Pacific Tuna Treaty license (in the case of the South Pacific Tuna fisheries). The authorized high seas fisheries are broad in scope and encompass multiple specific fisheries identified by gear type. biennium). developer tools pages. NMFS clarifies the fishery description of the Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery. NMFS removes the Alaska stock of ringed seal from the list of species/stocks incidentally killed or injured in the Category III AK Bering Sea, Aleutian Islands Pacific cod trawl fishery. Baird, C.H. Assessing the risk of whale entanglement with fishing gear debris Table 4 provides a list of fisheries affected by TRPs and TRTs. Shifting Baselines: New Guidance from Army Corps and NMFS on ESA There are no current data on interactions with pantropical dolphins (or other dolphin species) in any other Pacific Ocean commercial troll fisheries. To reduce impacts on seabirds, streamer lines (tori lines, bird scaring lines) or night setting are required for longline vessels with an overall length greater than 26 feet (see streamer line regulations). PDF Endangered Species Act (ESA) Section 7(a)(2) Biological and You can also see a list of, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, Report a Stranded or Injured Marine Animal, Climate, Ecosystems & Fisheries Initiative, West Coast Marine Mammal Stranding Network, Draft National Seafood Strategy Listening Sessions, Financial Assistance Workshop for Grant Applicants and RecipientsSeattle, Research Surveys in the Pacific Northwest, About the Northwest Fisheries Science Center, California Cooperative Oceanic Fisheries Investigations (CalCOFI), California Current Integrated Ecosystem Assessment (CCIEA), Socio-economics of Eastern Pacific and West Coast Fisheries, California Central Valley Chinook Salmon Life Cycle Modeling, Social-economics of California Salmonid Habitat and Water Resource, Southwest Fisheries Science Center Stock Assessment, Pacific Marine Mammal Stock Assessment Reports, SWFSC Data on the NOAA Big Data Program (BDP), SWFSC Metadata Library on Fisheries InPort, Ecosystem-based and Dynamic Ocean Management, Dynamic West Coast Sea Surface Temperature Interactive, Puget Sound Salmon and Steelhead Fisheries, Columbia River Basin Salmon and Steelhead Fisheries, West Coast Salmon and Steelhead Fisheries Management, Management Measures/Actions under Tuna Conventions Act, Management Measures/Actions under Magnuson-Stevens Act, NEPA Documents Available for Public Review, Our Work Under the Endangered Species Act, Threatened and Endangered Species on the West Coast, Our Work Under the Marine Mammal Protection Act, Report Dead, Injured, Stranded, or Entangled Marine Mammals, Share the Shore: Responsible Marine Mammal Viewing, Protected Resources App: Display Spatial Data for ESA-listed Species, Salmon and Steelhead: Status of ESA Listings and Critical Habitat Designations (July 2016), National Overview: Protecting Marine Life, Mitigation Banks, Conservation Banks, and In-Lieu Fee Programs, Federal Columbia River Power System Biological Opinion, Habitat Blueprint - Russian River Habitat Focus Area, Restoration of Salmon and Steelhead Habitat. Learn more about the work of the West Coast Area Offices. Estimating Juvenile Salmon Estuarine Carrying Capacities to Support Both of these injuries are considered serious injuries and the responsible fishery is not known for either case. Response: MMPA section 118 requires individuals participating in a Category I or II fishery to accommodate an observer aboard their vessel(s) upon request from NMFS. Baird, R.W., S.D. Starting with the 2010 LOF, NMFS developed summary documents, or fishery fact sheets, for each Category I and II fishery on the LOF. NOAA Technical Memorandum NOAA-TM-NMFS-AFSC-355. Together, they advance sustainable management of more than 90 groundfish stocks. Some species are long-lived, with life spans exceeding 30 years. The MHI insular, Hawaii pelagic, and NWHI stocks have partially overlapping ranges. NOAA Fisheries and the Pacific Fishery Management Council (Council) oversee the management of West Coast groundfish in U.S. federal waters. PDF 12864 Federal Register /Vol. 88, No. 40/Wednesday, March 1, 2023/Rules William Abadie . 03/03/2023, 207 This notice initiated a 60-day period for the public to provide comments to NMFS related to the status of the species being reviewed. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. documents in the last year, by the Energy Department We participate in the implementation of numerous international treaties and other agreements to sustainably conserve fisheries for cross-boundary species including highly migratory fish, particularly tuna; whiting; halibut, and salmon; and protect marine mammals of mutual interest to nations of the Pacific. The seal had injuries consistent from dog bites, and was transported to SR3 for rehabilitation. These density data were categorized by species and life stage, habitat type, seasonal period, and geographic region to develop frequency statistics (e.g., 25th and 75th percentiles, or quartiles). Under the Endangered Species Act, we develop protections, designate critical habitat, implement recovery, and authorize scientific research permits for threatened and endangered species. In recognition of logistical challenges with certificate issuance related to the ongoing COVID-19 pandemic, the MMAP certificate issued in 2020 remains in effect, valid through December 31, 2021, for vessel or gear owners participating in all Category I and II fisheries as of the final 2021 LOF. NMFS-PIFSC-75. 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. Recovery and conservation of ESA-listed fish species, like salmon, also support our sustainable fisheries goal by providing the long-term foundation for commercial, recreational, and tribal fisheries. Northwest Fisheries Science Center | NOAA Fisheries The sample size of recovered gear from entanglements is small and much of the retrieved gear is unmarked and cannot be attributed to a particular location. On the West Coast, a unique collaboration has formed between fishermen and scientists to more effectively survey groundfish in response to major fisheries closures two decades ago. Bottlenose dolphin, Northern NC estuarine. U.S. Dept. List of Abbreviations and Symbols Used in Table 2: DEDelaware; FLFlorida; GAGeorgia; GME/BFGulf of Maine/Bay of Fundy; GMXGulf of Mexico; MAMassachusetts; NCNorth Carolina; NYNew York; RIRhode Island; SCSouth Carolina; VAVirginia; WNAWestern North Atlantic; *Fishery has an associated high seas component listed in Table 3. "We've always been like the punching bag for, like, the whale people. The SARs are based upon the best available scientific information and provide the most current and inclusive information on each stock's PBR level and level of interaction with commercial fishing operations. However, Maine lobster gear was not the primary entangling gear in these cases. In the 2020 Final LOF, NMFS' response in part to this comment stated: We recognize that there has only been one confirmed mortality (in 2012) in American lobster gear in the past decade. Under the MMPA, we conserve and manage marine mammal populations along the West Coast. We also manage and conserve marine mammals under the Marine Mammal Protection Act and coordinate and support the marine mammal stranding networks. Further, gear marking and right whale monitoring efforts throughout Maine waters are insufficient to determine that the gear or area presents a different risk to large whales. Estimating juvenile salmon habitat carrying capacities is a critical need for restoration planning. The impacts of numerous fisheries have been analyzed in various biological opinions, and this rule will not affect the conclusions of those opinions. the Federal Register. documents in the last year, 36 These offices consult with Federal, Tribal, and State agencies on actions that may adversely affect protected species or EFH, as well as on projects to improve fish passage or habitat conditions for managed and protected species. 2020. In 2011, NOAA Fisheries and the Council implemented catch shares management for portions of the commercial fishery. The requirement for reporting marine mammal mortalities or injuries has been approved by OMB under OMB Control Number 0648-0292 (0.15 hours per report). With respect to the current unknown North Atlantic right whale M/SI being assumed to be divided between both Canada and U.S. equally, this was a scenario that NMFS generated to support ALWTRT deliberations and is not used for classifying fisheries on the MMPA LOF. Reporting requirements and procedures are found in 50 CFR 229.6. documents in the last year, 26 We provide a general overview of the fisheries and gear used to catch highly migratory species along the U.S. West Coast. Tables 1 and 2 serve to provide a description of the fishery's potential effort (state and Federal). US Atlantic and Gulf of Mexico Marine Mammal Stock Assessments 2019. A Rule by the National Oceanic and Atmospheric Administration on 01/14/2021. In accordance with the MMPA (16 U.S.C. While most groundfish share this characteristic, a wide variety of life history traits can be found. Limited Entry Trawl North of 4010' N Lat. After publication of the final rule, NMFS noted the need for corrections to 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. This rule has been determined to be not significant for the purposes of Executive Orders 12866 and 13563. Aerial surveys, whale watching boats, the presence of other fisheries, and the presence and associated outreach by a disentanglement team contribute to the higher reporting of entanglement sightings in certain areas (i.e., Massachusetts) than in Maine state and offshore waters; we cannot conclude that risk is nonexistent in other areas where entanglements are not observed. This provides directives for consistently assigning M/SI to stocks, including times when the M/SI is documented in an area of overlapping stocks. NMFS received nine comment letters on the proposed LOF for 2021 (85 FR 59258; September 21, 2020). 02-204-01. 03/03/2023, 43 Discarded catch is accounted for by the West Coast Groundfish Observer Program. Vessel or gear owners who participate in fisheries in these regions and have not received authorization certificates by the beginning of the calendar year, or with renewed fishing licenses, must contact the appropriate NMFS Regional Office (see FOR FURTHER INFORMATION). However, the current implemented measures are not enough to suggest Massachusetts's state waters lobster trap/pot fishery should be split from the Category I Northeast/mid-Atlantic American lobster trap/pot fishery. Bottlenose dolphin, Central GA estuarine system. That 2016 SAR also reported a total annual M/SI estimate of 34 animals for the two fisheries combined. In order to land fish species, fishers must be using an authorized gear type. Catch shares allocates each fisherman a share of the allowable catch, as determined by scientific data. Marine Mammal Science 31(2): 579-590. Until the ACFR grants it official status, the XML Guidelines for Preparing Stock Assessment Reports Pursuant to the 1994 Amendments to the MMPA. West Coast Region . Analysis of West Coast Groundfish Fisheries for the 2017 Biological Opinion on Endangered Species Act-listed Salmon. NMFS adds to the Western North Pacific stock of humpback whale to the list of species/stocks incidentally killed or injured in the Category III AK/WA/OR/CA commercial passenger fishing vessel fishery. Tidal wetlands in the Nisqually River Basin, where restored habitat fosters growth of juvenile salmon and steelhead on their way to the ocean. Unfortunately, this also means that they may get hooked or entangled in fishing gear, especially in longline fisheries.