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Responses to substantive comments are below; comments on actions not related to the LOF are not included. Atlantic spotted dolphin, Northern Gulf of Mexico. Portland, Oregon 97208-2946 . The West Coast Region Response: NMFS thanks FLC for bringing to our attention that the observer coverage information in the AK BSAI Pacific cod longline fishery fact sheet on NMFS' website needs updating. Since 2006, there has only been one observed leatherback sea turtle caught in groundfish fishing gear. Partnership Profiles: A Queen Conch Hatchery and the Local Fish Initiative, The NOAA Aquaculture Strategic Plan (20232028) includes goals and objectives to sustainably develop the aquaculture industry in the United States. 1201 NE Lloyd Boulevard, Suite 1100 PORTLAND, OR 97232-1274. NMFS estimated that M/SI would be, at a minimum, approximately 2 percent of PBR, justifying the Category II classifications for both fisheries. 1:04. These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the COI. Tables 1, 2, and 3 also list the marine mammal species and/or stocks incidentally killed or injured (seriously or non-seriously) in each fishery based on SARs, injury determination reports, bycatch estimation reports, observer data, logbook data, stranding data, disentanglement network data, fishermen self-reports (i.e., MMAP reports), and anecdotal reports. 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. Information about this document as published in the Federal Register. The majority of the Southern DPS green sturgeon encountered are released alive and expected to survive. Therefore, the 9/16 inch float rope that was recovered from E01-09/RW 3311, again, does not explicitly rule out Maine lobster fisheries. Jaclyn Taylor, Office of Protected Resources, 301-427-8402; Allison Rosner, Greater Atlantic Region, 978-281-9328; Jessica Powell, Southeast Region, 727-824-5312; Dan Lawson, West Coast Region, 206-526-4740; Suzie Teerlink, Alaska Region, 907-586-7240; Diana Kramer, Pacific Islands Region, 808-725-5167. Marine Mammal Science 31(2): 579-590. Credit: Mary Campbell, Feiro Marine Life Center, Volunteer Group Responds to Strandings on Washingtons Olympic Peninsula, West Coast Species on the Move as Climate Change Drives Ecological Shifts, Analysis Shows, NOAA Fisheries Releases Draft National Seafood Strategy, Requests Public Input. NMFS received nine comment letters on the proposed LOF for 2021 (85 FR 59258; September 21, 2020). How does NMFS determine in which category a fishery is placed? Because there were no data to indicate specific stock or reliable data that could be used to partition the 2012 killer whale M/SI, the M/SI was assigned to both stocks as prescribed by NMFS' Guidelines for Preparing Stock Assessment Reports Pursuant to the 1994 Amendments to the MMPA. : WCRO-2021-03107 . NMFS is proposing a schedule of RFDs for every Tuesday, Friday, and Saturday from July 1, 2023, through November 30, 2023. Landed catch is tracked primarily on fish tickets, which are administered by the West Coast States through the Pacific Fisheries Information Network (PacFIN). AOLA recommends NMFS split undetermined North Atlantic right whale M/SI between the two countries based on the percentage of known entanglements from each country and this prorated distribution of M/SI should be used when classifying fisheries on the LOF. NMFS adds the Cook Inlet stock of harbor seal to the list of species/stocks incidentally killed or injured in the Category III AK Gulf of Alaska halibut longline fishery. After publication of the final rule, NMFS noted the need for corrections to As discussed in the proposed rule, NMFS clarifies its response to Comment #14 in the 2020 Final LOF (85 FR 21079; April 16, 2020). None documented in the most recent 5 years of data. This list includes all species and/or stocks known to be killed or injured in a given fishery, but also includes species and/or stocks for which there are anecdotal records of a mortality or injury. Tidal wetlands in the Nisqually River Basin, where restored habitat fosters growth of juvenile salmon and steelhead on their way to the ocean. MHI insular false killer whales have been satellite tracked as far as 115 km from the MHI, while pelagic stock animals have been tracked to within 11 kilometers (km) of the MHI and throughout the NWHI. In addition, Maine's state and Federal waters lobstermen must declare a lobster zone and are required to fish the majority of gear in their home zone, limiting the spatial footprint of where individual lobstermen can set gear. The actions and activities of these efforts fall under the purview, authority, or regulation of the National Marine Fisheries Service (NMFS) via the Endangered Species Act (ESA), Federal Power. 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. 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. MMPA section 118 states that the Secretary is not required to place an observer on a vessel if the facilities for quartering an observer or performing observer functions are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized; thereby authorizing the exemption of vessels too small to safely accommodate an observer from this requirement. We observe and monitor living marine resources and their environments in the Pacific Northwest and California Current ecosystem. 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. Am I required to submit reports when I kill or injure a marine mammal during the course of commercial fishing operations? Without known M/SI attributed to the HI troll fishery, and a minimum population estimate and PBR for only one of the four stocks, we evaluated classification of the fishery by analogy. NOAA Technical Memorandum NOAA-TM-NMFS-AFSC-355. See response to comment #11 above about M/SI of right whales that is attributed to the Northeast/mid-Atlantic American lobster trap/pot fishery. They state that the M/SI should be distributed between stocks based on the relative proportion of the population of the two stocks combined. Irma Lagomarsino Senior Policy Advisor at NOAA Fisheries West Coast Region 4d Report this post Report Report. Ivashchenko, A.S. Kennedy, J.M. They typically become effective on January 1 of any given year (the beginning of the management cycle). Bradford, A.L., E.M. Oleson, R.W. Analysis of West Coast Groundfish Fisheries for the 2017 Biological Opinion on Endangered Species Act-listed Salmon. Additionally, in August 2020, NMFS reopened the Southern Exclusion Zone to Hawaii deep-set longline fishing (85 FR 50959, August 19, 2020). We collaborate extensively with the Pacific Fishery Management Council, Native American Indian tribes, and the four states within the region in our management of highly migratory species (e.g., tunas, sharks), coastal pelagic species (e.g., sardine and anchovy), groundfish, and salmon, as well as the habitats upon which they rely. We recognize that this peer review process takes additional time to ensure that the best available are used to inform the LOF. 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). Fishermen from Washington, Oregon, and California catch them year-round using a variety of gear types. 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. Learn more here. 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. Register (ACFR) issues a regulation granting it official legal status. On the West Coast and in the watersheds of Washington, Oregon, California, and Idaho, we manage commercial and recreational fisheries for more than 100 species of salmon, groundfish, coastal pelagics such as anchovy and sardine, and highly migratory species such as billfish, sharks, and tunas. CA anchovy, mackerel, sardine purse seine, WA/OR herring, smelt, squid purse seine or lampara, WA/OR/CA albacore surface hook and line/troll, AK Bering Sea, Aleutian Islands groundfish hand troll and dinglebar troll, AK Gulf of Alaska groundfish hand troll and dinglebar troll, Commonwealth of the Northern Mariana Islands tuna troll, AK Bering Sea, Aleutian Islands Greenland turbot longline, AK Bering Sea, Aleutian Islands Pacific cod longline, AK Bering Sea, Aleutian Islands sablefish longline, AK Bering Sea, Aleutian Islands halibut longline, AK state-managed waters longline/setline (including sablefish, rockfish, lingcod, and miscellaneous finfish), WA/OR/CA groundfish, bottomfish longline/set line. Reg. 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. U.S. Dept. NMFS has designated those fisheries in each table with an asterisk (*) after the fishery's name.Start Printed Page 3041, Table 1List of FisheriesCommercial Fisheries in the Pacific Ocean, Table 2List of FisheriesCommercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean, Table 3List of FisheriesCommercial Fisheries on the High Seas, Table 4Fisheries Affected by Take Reduction Teams and Plans. Are high seas fisheries included on the LOF? NOAA Fisheries and the Council carefully manage salmon bycatch through bycatch guidelines (limits on salmon bycatch by fishing sector). 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. 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 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. 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 SARs do not provide detailed information on observer coverage in Category III fisheries because, under the MMPA, Category III fisheries are not required to accommodate observers aboard vessels due to the remote likelihood of mortality and serious injury of marine mammals. 03/03/2023, 159 This variability is due to multiple permitting agencies, differences in fishery management, and artifacts with available data sets. Commerce, NOAA Technical Memorandum. *Only applicable to the portion of the fishery operating in U.S. waters; and. In some cases, more recent information may be available and used in the LOF. Many vessels 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. This provides directives for consistently assigning M/SI to stocks, including times when the M/SI is documented in an area of overlapping stocks. 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. The mentioned study, (Baird and Webster, 2020) presented findings on the magnitude and nature of associations between fishing vessels and pantropical spotted dolphin stocks. Northeast/Mid-Atlantic American lobster trap/pot. better and aid in comparing the online edition to the print edition. AK roe herring and food/bait herring beach seine, AK roe herring and food/bait herring purse seine, AK salmon purse seine (Prince William Sound, Chignik, Alaska Peninsula). As noted previously in this LOF, the number of HSFCA permits listed in Table 3 for the high seas components of fisheries that also operate within U.S. waters does not necessarily represent additional effort that is not accounted for in Tables 1 and 2. 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. 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). This site displays a prototype of a Web 2.0 version of the daily MLA alleges there are no documented M/SI in the Maine Federal lobster fishery, but the Category II classification may be warranted under an abundance of precaution that a future interaction could occur due to the offshore migration of North Atlantic right whales. The LOF includes three tables that list all U.S. commercial fisheries by Category. How does NMFS determine which species or stocks are included as incidentally killed or injured in a fishery? Discarded catch is accounted for by the West Coast Groundfish Observer Program. 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. The number of HSFCA permits listed in Table 3 for the high seas components of these fisheries operating in U.S. waters does not necessarily represent additional effort that is not accounted for in Tables 1 and 2. Where can I find more information about the LOF and the MMAP? NMFS removes the Western North Atlantic offshore stock of bottlenose dolphin from the list of species/stocks incidentally killed or injured in the Category III Gulf of Maine, U.S. mid-Start Printed Page 3040Atlantic tuna, shark, swordfish hook-and line/harpoon fishery. This occurred in 2008 by a vessel using pot gear in the Open Access fishery. Therefore, NMFS retains Kogia on the list of species and/or stocks incidentally killed or injured in the Category I HI deep-set longline fishery. The West Coast groundfish recreational fisheries are managed by the coastal states with management coordinated in the Pacific Fishery Management Council process. The impacts of numerous fisheries have been analyzed in various biological opinions, and this rule will not affect the conclusions of those opinions. Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with a COI, subject to the requirements of the Paperwork Reduction Act, unless that COI displays a currently valid OMB control number. Additional information about HSFCA permits can be found at https://www.fisheries.noaa.gov/permit/high-seas-fishing-permits. Bottlenose dolphin, Jacksonville estuarine system. Humpback whales can become entrapped and entangled in fishing gear, which can result in serious injury and mortality. 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. edition of the Federal Register. Harvest specifications include annual catch limits for a species or species complex. 1387(c)(1)). Therefore, NMFS is retaining the Category III classification of the Hawaii troll fishery. This definition can also be found in the implementing regulations for section 118 of the MMPA (50 CFR 229.2). The groundfish fishery may also interact with other protected species including eulachon, green sturgeon, humpback whales, leatherback sea turtles. Those cases where we could identify lobster gear from right whale entanglements during the past 10 years were determined to result in non-serious injuries. NMFS reviewed the marine mammal incidental mortality and serious injury information presented in the SARs for all fisheries to determine whether changes in fishery classification are warranted. Therefore, FLC recommends that the BSAI Pacific cod longline fishery be reclassified as a Category III fishery. NMFS has designated those fisheries listed by analogy in Tables 1 and 2 by adding a 2 after the fishery's name. The common entangling mechanism of these gear types are the lazy or easy line. Limited Entry Trawl North of 4010' N Lat. 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. Below we provide further detail as to why the information presented by the MLA is insufficient for the requested changes. However, the probability of encountering either stock is not 100 percent, but proportional to the relative population of the stocks throughout the range. Ferguson, L.W. Internet Explorer lacks support for the features of this website. These waters support valuable commercial, tribal, and recreational fisheries and are also home to many protected species of marine mammals, turtles, and seabirds. documents in the last year, 467 501 W. Ocean Blvd., Suite 4470 Long Beach, CA 90802 Telephone: 562/980-4080 Fax: 562/980-4084 Email contact list: Kathryn Kempton, Section Chief Deanna Harwood, Deputy Section Chief Sophia Bernal, Program Specialist Julia Caracoza, Paralegal Specialist Christopher Keifer, Attorney Advisor Amy Lubrano, Attorney Advisor 01/13/2021 at 8:45 am. 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. ratios in the FMP, NMFS implemented a commercial quota for the Gulf of Mexico migratory group of king mackerel in the Florida west coast sub-zone of 865,000 lb (392,357 kg). 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. At this time, NMFS retains the Category I classification for the Northeast/Mid-Atlantic American lobster trap/pot fishery, which includes the state waters of Massachusetts. headings within the legal text of Federal Register documents. The study did not estimate mortality or injury rates incidental to fisheries. 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). daily Federal Register on FederalRegister.gov will remain an unofficial These differences among the lobster fisheries include: Fishing techniques, gear used, seasons and areas fished, fishermen's observations of right whales and distribution of marine mammals. We support salmon fisheries in the Columbia River and Washington Coast through funding and production of hatchery fish at Mitchell Act facilities, and we work with our international partners to fund and implement the Pacific Salmon Treaty. The ocean also shapes our communities and culture, from the colorful heritage of Cannery Row to tribes celebrating the seasons first salmon to return from the sea. West Coast groundfish fisheries, and fisheries that may take groundfish incidentally, are managed with a variety of closed areas. GitHub export from English Wikipedia. Due to the observed injury, the Central North Pacific stock of humpback whale is retained on the list of species and/or stocks incidentally killed or injured in the Category II HI shallow-set longline fishery. MLA alleges that based on these factors, the lobster fishery prosecuted close to shore in Maine is significantly different than lobster fisheries which occur in offshore Lobster Management Area 3 or off of New Jersey. Below are links to learn about a few of our West Coast species. NMFS is requesting comments on this proposed RFD schedule. Covering 317,690 square miles of the eastern Pacific Ocean, and more than 7,000 miles of tidal coastline, as well as the ecological functions within the states vast rivers and estuaries, we build sustainable fisheries, recover endangered and threatened species, maintain healthy ecosystems, and protect human health. The Regional Administrator's Office establishes policies, principles and priorities for the West Coast Region. The forms for actions on these permits and licenses can be found on the West Coast Fisheries Permits page. Vessels fishing for Pacific hake, shown here, sometimes inadvertently catch salmon in the wintertime fishery. 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. Therefore, the EEZ components of these fisheries pose the same risk to marine mammals as the components operating on the high seas. About the Federal Register HLA requests that NMFS remove the MHI insular and 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. We review federal proposals for land and water development to make sure these activities do not further degrade habitat or harm protected species. Theseare used to record fishing activity at sea. 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. Although this likely overestimates the number of active participants in many of these fisheries, the number of valid HSFCA permits is the most reliable data on the potential effort in high seas fisheries at this time. Serious injury and mortality determinations for baleen whale stocks along the Gulf of Mexico, United States East Coast, and Atlantic Canadian Provinces, 2012-2016. The seal had injuries consistent from dog bites, and was transported to SR3 for rehabilitation. Box 22668, 709 West 9th Street, Juneau, AK 99802, Attn: Suzie Teerlink; orStart Printed Page 3032. 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). 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).