HI deep-set longline fishery from 145 to 143 vessels/persons; HI shallow-set longline fishery from 18 to 11 vessels/persons; American Samoa longline fishery from 15 to 13 vessels/persons; and. Fisheries observers on fishing vessels, transmit real time data electronically to NMFS. Together, they find approaches and strategies for reducing bycatch and protecting habitat. Australia and one reaching the north-west coast of the North Island, New Zealand. US Department of Commerce, Northeast Fish Sci Cent Ref Doc. Response: NMFS agrees that the best available scientific information is important for assessing the risk fisheries pose to marine mammal stocks. 2015. This consists of a NOAA Fisheries type-approved VMS transmitter that automatically determines a vessel's position. The commenter notes that NMFS splits undetermined North Atlantic right whale M/SI evenly between the two countries. These are intended to either minimize the bycatch of overfished groundfish species or to protect groundfish habitat. From killer whales slicing through waves to salmon jumping rapids on their journey home, marine life fills and defines the waters of the West Coast. Response: This comment has been addressed previously (see 85 FR 21079, April 16, 2020). In March 2015, there was an observed humpback whale, Central North Pacific stock, injury in the Category II Hawaii shallow-set longline fishery. the official SGML-based PDF version on govinfo.gov, those relying on it for A bill introduced in Congress this week calls for a federal study on the possibilities of coastal seaweed farming, and creating a new seaweed farming fund to "reduce cost barriers for indigenous communities, emboldening them to participate in coastal seaweed farming," according to sponsors Reps. Jared Huffman, D-Calif., and Mary Peltola, D . NOAA Fisheries announces a correcting amendment published today in the Federal Register. For the best experience, please use a modern browser such as Chrome, Firefox, or Edge. 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). This killer whale M/SI occurred in 2012, and no additional M/SI have been observed or reported for the 2013-2017 data analysis timeframe for this fishery. In 2011, NOAA Fisheries and the Council implemented catch shares management for portions of the commercial fishery. 03/03/2023, 207 The Commission states that implementing regulations allow for NMFS, in the absence of reliable estimates of the M/SI, to determine whether M/SI occurs `not at all or with a remote likelihood' (Category III), `occasionally' (Category II), or `frequently' based on analogy to similar fisheries. the current document as it appeared on Public Inspection on Scott is also currently the U.S. Federal Commissioner to the Pacific Salmon Commission. Catch shares allocates each fisherman a share of the allowable catch, as determined by scientific data. to the courts under 44 U.S.C. For example, in case E25-10/RW 3911, the gear analysis found wire mesh is likely the remains of wire traps that parted off from themselves. corresponding official PDF file on govinfo.gov. 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. Cameron, P.J. NMFS is developing similar fishery fact sheets for each Category III fishery on the LOF. Therefore, the HI troll fishery cannot be classified by analogy to other fisheries that use similar fishing techniques that are known to cause mortality or serious injury of pantropical spotted dolphins. edition of the Federal Register. In addition to the SARs, NMFS also reviews other sources of new information for the LOF, including injury determination reports, bycatch estimation reports, and observer data. In addition, MLA alleges, there has been only one right whale entangled in Maine lobster gear in April 2002, and the entanglement was determined to be a non-serious injury. Until the ACFR grants it official status, the XML Most individual species tend to localize by depth more than latitude. NMFS adds a superscript 1 to the following four stocks to indicate they are driving the Category II classification of the Northeast trawl fishery: (1) Western North Atlantic stock of Risso's dolphin, (2) Western North Atlantic stock of long-finned pilot whale, (3) Western North Atlantic offshore stock of bottlenose dolphin, and (4) Western North Atlantic stock of gray seal. Affected Species and NMFS' Determinations: ESA-Listed Species Status . To establish whether the species has recovered and may be taken off the list of vulnerable and endangered species under the ESA, NMFS advises creating a recovery team of species specialists to prepare a recovery plan, including delisting criteria (Region, n.) Research/References. NMFS has integrated the MMPA registration process, implemented through the Marine Mammal Authorization Program (MMAP), with existing state and Federal fishery license, registration, or permit systems for Category I and II fisheries on the LOF. Fadely, M.C. The Commission states that NMFS proposed to reclassify the Category III Hawaii charter vessel fishery, which is primarily a troll fishery, and the HI trolling, rod and reel fisheries as Category II fisheries in the 2012 LOF (76 FR 37716, June 28, 2011). 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. Tier 2: Tier 2 considers fishery-specific mortality and serious injury for a particular stock. This rule would have no adverse impacts on marine mammals and may have a positive impact on marine mammals by improving knowledge of marine mammals and the fisheries interacting with marine mammals through information collected from observer programs, stranding and sighting data, or take reduction teams. Bottlenose dolphin, Puerto Rico and United States Virgin Islands. This prototype edition of the Information on observer coverage levels in Category I, II, and III fisheries can be found in the fishery fact sheets on the NMFS Office of Protected Resources' website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables. 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). Start Fiscal YearEnd Fiscal YearRegionAll RegionsAlaskaNortheastSoutheastWest CoastWest PacificStock List:All StocksFSSI Stocks Select Years to Include in the Report:hiddenStart Calendar Year: End Calendar Year: Report most recent assessment available? NMFS, Pacific Islands Regional Office, Protected Resources Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: Diana Kramer. The report evaluates catch and bycatch of all species. Alaska Marine Mammal Stock Assessments, 2016. legal research should verify their results against an official edition of 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). 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. publication in the future. NOAA Fisheries. They typically become effective on January 1 of any given year (the beginning of the management cycle). The common entangling mechanism of these gear types are the lazy or easy line. documents in the last year, 11 For additional information on fishing effort in fisheries found on Table 1 or 2, contact the relevant regional office (contact information included above in Where can I find more information about the LOF and the MMAP? PORTLAND, OR 97232-1274. Members of this partnership celebrate this approach and the results. 19-13; 54 p. Muto, M.M, V.T. Individuals participating in a Category I or II fishery are required to accommodate an observer aboard their vessel(s) upon request from NMFS. California sea lion, U.S. Gray whale, Eastern North Pacific. 2017. Am I required to register under the MMPA? 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. Theseare used to record fishing activity at sea. Tables 1 and 2 serve to provide a description of the fishery's potential effort (state and Federal). A single, high-flow channel at Finn Rock Reach. NMFS acknowledges that, in some cases, these estimates may be inflations of actual effort. 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. Our Science Centers conduct cutting-edge biological, economic, and oceanographic research, as well as observations and monitoring of living marine resources and their environments. The lack of marks on retrieved gear may indicate the current marking scheme is inadequate, or that entanglements are occurring in areas where gear is not currently marked, such as international waters or current exempted areas. 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). has no substantive legal effect. AOLA recommends NMFS take a more equitable approach when assessing entanglement risk across fisheries, countries, and non-fishery sources, and also notes this would assist in assuring fishermen are treated fairly. 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. With our partners, we are working on hundreds of projects to protect and restore vital habitat for West Coast fish and wildlife populations. For West Coast groundfish, we employ catch shares and annual catch limits as a tool to rebuild fish stocks and promote healthy fishing communities. These species are key elements of the ecosystem and are critically important for our culture, recreation, and economy. Groundfish refers to more than 90 different types of roundfish, flatfish, rockfish, sharks, and skates off the West Coast. Jobs People Learning . 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. 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. However, there have been a number of entanglements for which interventions occurred because these entanglements were determined to be resulting in serious injuries (Henry et al., 2019). 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. MLA states that according to the 2019 North Atlantic right whale SAR, PBR is 0.8, and M/SI for commercial fisheries is 5.55. SARs are brief reports summarizing the status of each stock of marine mammals occurring in waters under U.S. jurisdiction, including information on the identity and geographic range of the stock, population statistics related to abundance, trend, and annual productivity, notable habitat concerns, and estimates of human-caused mortality and serious injury (M/SI) by source. HLA states that the proposed 2021 LOF includes the Central North Pacific stock of humpback whales on the list of species and/or stocks incidentally killed or injured from the Category II HI shallow-set longline fishery, but the most recent SAR does not identify M/SI in the shallow-set fishery. The low numbers, patchy distribution, and preference for rocky habitats of the widow rockfish make this stock difficult to monitor using standard bottom trawl survey . Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean pelagic hook-and-line/harpoon. The commenter also states that no information has been presented to the False Killer Whale TRT or the Pacific Scientific Review Group suggesting any false killer whale interactions in the deep-set fishery can reliably be attributed to the Insular or NWHI stocks of false killer whales. "We've always been like the punching bag for, like, the whale people. US Atlantic and Gulf of Mexico Marine Mammal Stock Assessments 2019. 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. Allocations, Specifications of OFL, ABC, ACL, ACT and Fishery Harvest Guidelines, Pacific Fisheries Information Network (PacFIN), Subscribe to the West Coast groundfish email list, Pacific Coast Groundfish Fishery Management Plan, Letter of concurrence on reinitiated consultation on continued operation of the groundfish fishery under the Pacific Coast Groundfish Fishery Management Plan and the effects of the fishery on Southern Resident killer whales (December 7, 2022), Biological Opinion on the Effects of the Continuing Operation of the Pacific Coast Groundfish Fishery on Humpback Whales (Reinitiation 2020), Adoption of Conference Opinion on Humpback Whale Critical Habitat for the Continued Operation of the Pacific Coast Groundfish Fishery (2021), Biological Opinion on the Effects of the Continuing Operation of the Pacific Coast Groundfish Fishery on Eulachon (Reinitiation 2018), Biological Opinion on the Effects the Groundfish Fishery Management Plan on Listed Salmon (2017), Biological Opinion on the Effects of the Ongoing Operation of the Groundfish Fisheries on California Least Tern, Southern Sea Otter, Bull trout, Marbled Murrelet, and Short-tailed Albatross (2017), Biological Opinion on the Effects of the Continuing Operation of the Pacific Coast Groundfish Fishery on Green Sturgeon, Leatherback Sea Turtles, and Other Listed Species (2012), Groundfish Endangered Species Act Workgroup Report (2021), Fishing Effort in the 2002-2019U.S. Pacific Coast Groundfish Fisheries, Observed and Estimated Bycatch of Eulachon in 2002-2019 US West Coast Groundfish Fisheries, Observed and Estimated Bycatch of Green Sturgeon in 2002-2019 US West Coast Groundfish Fisheries, Estimated Humpback Whale Bycatch in the U.S. West Coast Groundfish Fisheries, 2002-2019, Leatherback Sea Turtle Bycatch in U.S. West Coast Groundfish Fisheries 2002-2019, Estimated Short-tailed Albatross Bycatch in U.S. West Coast Groundfish Fisheries 2002-2019, Webinar: Salmon Impacts in the Pacific Groundfish Fishery (2015), West Coast Groundfish Essential Fish Habitat, Fisheries Resource Analysis and Monitoring Division, Habitat and Groundfish Ecology Research in the California Current, Pacific Coast Fisheries Information Network, Recreational Fisheries Information Network. 2022. Atlantic spotted dolphin, Northern GMX. 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. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, Northern GMX coastal. 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. NMFS adds two stocks to the list of species/stocks incidentally killed or injured in the Category III CA squid purse seine fishery: (1) CA/OR/WA stock of Risso's dolphin and (2) U.S. stock of California sea lion. (2020):105652. 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. These grants build up NOAA's continuing long . Therefore, the recovery of floating groundline from an entanglement does not explicitly rule out Maine lobster fisheries. Scott joined NOAA Fisheries in 2001 and has served in several positions including as the Portland (Oregon) Branch Chief for the Protected Resources Division, and as the program manager for the Pacific Coastal Salmon Recovery Fund. In some cases, more recent information may be available and used in the LOF. McSweeney, E.M. Oelson, A.L. Gulf of Maine Atlantic herring purse seine. Estimating juvenile salmon habitat carrying capacities is a critical need for restoration planning. The effective date of this final rule is February 16, 2021. Our charge is to manage fisheries sustainably for future generations. We, NMFS, announce a 90-day finding on a petition to list the Oregon Coast (OC) and Southern Oregon and Northern California Coastal (SONCC) Chinook salmon ( Oncorhynchus tshawytscha) Evolutionarily Significant Units (ESUs) as threatened or endangered under the Endangered Species Act (ESA) or, alternatively, list only the spring-run Chinook salmon . Therefore, it cannot be ruled out that the entanglement may have occurred off the coast of Maine in non-exempt waters. The LOF for 2021 reflects new information on interactions between commercial fisheries and marine mammals. Northeast/Mid-Atlantic American lobster trap/pot, Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline*. Bottlenose dolphin, GMX bay, sound, estuarine. Our scientists conduct cutting-edge biological, economic, and oceanographic research. Together, they advance sustainable management of more than 90 groundfish stocks. 2020. Four Massachusetts lobstermen have filed a class action suit against the Monterey Bay Aquarium and Marine Stewardship Council, groups that urged distributors and grocery stores to avoid purchasing lobster because of the fishery's impact on North Atlantic right whales. Response: The LOF is the annual process NMFS conducts to place all U.S. commercial fisheries into one of three categories based on the level of incidental mortality and serious injury of marine mammals occurring in each fishery. 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. 03/03/2023, 43 Bottlenose dolphin, Northern GMX continental shelf. Humpback whale, Central North Pacific (Southeast AK). NOAA's National Marine Fisheries Service (NMFS) pursuant to section 7 of the Endangered Species Act of 1973 (ESA) (16 U.S.C. 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). documents in the last year, 853 However, the SARs generally provide the most current and inclusive information on each stock's PBR level and level of interaction with commercial fishing operations; there may also be more recent reports that include bycatch estimates. 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. Learn more about Fisheries Management on the West Coast. In addition, any animal that ingests fishing gear or any animal that is released with fishing gear entangling, trailing, or perforating any part of the body is considered injured, regardless of the presence of any wound or other evidence of injury, and must be reported. 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. The criteria are also summarized here. 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. 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. Bottlenose dolphin, HI Pelagic. However, the evidence presented is not sufficient to draw these conclusions. Generally, each listed entity has one layer. Open Access (OA) Gears South of 4010' N. Lat. 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). The LOF includes a list of marine mammal species and/or stocks incidentally killed or injured in each commercial fishery. Additional information about HSFCA permits can be found at https://www.fisheries.noaa.gov/permit/high-seas-fishing-permits. Roundfish: The six species are lingcod, cabezon, kelp greenling, Pacific cod, Pacific whiting (hake), and sablefish. NMFS reclassifies the AK BSAI Pacific cod longline fishery from a Category II to Category III fishery. Killer whale, unknown. NMFS received nine comment letters on the proposed LOF for 2021 (85 FR 59258; September 21, 2020). for U.S Army Corps of Engineers' (COE) maintenance dredging program for eight federally-authorized navigation channels around the Puget Sound and along the west coast of Washington State. Injury determinations for humpback whales and other cetaceans reported to the Hawaiian Islands Disentanglement and Pacific Islands Marine Mammal Response Networks during 2013-2016. In this Issue, Documents Accordingly, no regulatory flexibility analysis is required, and none has been prepared. in some extreme cases they may reach ages of 100 years or greater. Credit: NOAA Fisheries / Cory Hom-Weaver. Refer to NMFS No. Thus, M/SI of false killer whales of unknown stock within the stock overlap zones must be prorated to MHI insular, pelagic, or NWHI stocks. Response: In addition to the M/SI included in the SARs, the LOF references data from injury determination reports, bycatch estimation reports, observer data, logbook data, stranding data, disentanglement network data, fishermen self-reports, and anecdotal reports. Response: NMFS agrees that the Agency has the flexibility to separate out individual fisheries where it is appropriate; however, the commenter has not presented adequate information to substantiate any difference in risk that Maine state and Federal lobster fisheries pose to North Atlantic right whales, or other large whale species, that would warrant a current change in classification for these fisheries. For example, the State of Hawaii does not issue fishery-specific licenses, and the number of participants reported in the LOF represents the number of commercial marine license holders who reported using a particular fishing gear type/method at least once in a given year, without considering how many times the gear was used. They are in place for a two-year period, except as changed through in-season adjustments to management measures. Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 30; 2023-24 Biennial Specifications and Management Measures; Correcting Amendment, 12865-12868 [2023-03889] In the table below, the Region column shows if the species can be found in a NOAA Fisheries region. documents in the last year, 940 In the proposed rule, NMFS based the proposed change on reports of hooking spotted dolphins, and information on the prevalence of vessels from these fisheries targeting Pantropical spotted dolphin pods. MMAP certificates issued in 2020 remain 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. : WCRO-2022-00168 October 24. Response: This comment has been addressed previously (see 84 FR 22051, May 16, 2019; 85 FR 21079, April 16, 2020). In other stocks of pantropical dolphins, the only documented fishery-related M/SI in the Northern Gulf of Mexico stock of pantropical are incidental to the pelagic longline fishery (2015 SAR). These tribes, all located in Washington State, include the Quinault Indian Nation, the Hoh Tribe, the Quileute Nation, and the Makah Tribe. NMFS updates the MMAP certificate process for calendar year 2021. Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline. Thus, the comparison of the estimated annual M/SI does not provide a meaningful basis for classifying this fishery, given the likely population structure found in the Southeast Alaska (SEAK) harbor porpoise stock, as described in the 2019 SAR. 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). A fourth table, Table 4, lists all commercial fisheries managed under applicable TRPs or take reduction teams (TRT).

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