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. Response: The SARs are drafted according to NMFS' Guidelines for Preparing Stock Assessment Reports Pursuant to the 1994 Amendments to the MMPA (NMFS 2016, 02-204-01). Bottlenose dolphin, Biscayne Bay estuarine. Bottlenose dolphin, Northern GA/Southern SC estuarine system. 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. This table of contents is a navigational tool, processed from the Australia and one reaching the north-west coast of the North Island, New Zealand. As stated previously, should information suggest that unique gear characteristics have lowered the risk of interaction in a particular geographically unique portion of a fishery, NMFS will evaluate to determine if the risk reduction is sufficient for separating the fishery out from the broader, current, classification of the Category I Northeast/mid-Atlantic American lobster trap/pot fishery. It was viewed 41 times while on Public Inspection. The Branch works with staff throughout the region to share strategic communications and knowledge, build understanding, and recognize achievements from NOAA Fisheries stewardship activities on the West Coast. Title: September 2014 Eulachon Newsletter In Tables 1 and 2, there are several fisheries classified as Category II that have no recent documented mortalities or serious injuries of marine mammals, or fisheries that did not result in a mortality or serious injury rate greater than 1 percent of a stock's PBR level based on known interactions. Bottlenose dolphin, Sarasota Bay, Little Sarasota Bay. 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. on FederalRegister.gov Learn more here. NMFS reclassifies the AK BSAI Pacific cod longline fishery from a Category II to Category III fishery. 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. The main sectors of the West Coast Groundfish Fishery include: NOAA Fisheries West Coast Region's office in Seattle, Washington, manages Pacific Coast groundfish limited entry permits, quota share permits and accounts, vessel accounts, first receiver site licenses, and cooperative applications for the at-sea whiting sectors. Fisheries off West Coast States; Highly Migratory Fisheries; Amendment 6 to the Fishery Management Plan for West Coast Fisheries for Highly Migratory Species; Authorization of Deep-Set Buoy Gear A Proposed Rule by the National Oceanic and Atmospheric Administration on 02/06/2023 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. Harbor porpoise, GME/BF. The LOF includes three tables that list all U.S. commercial fisheries by Category. We manage protected species along the West Coast from blue whales, the largest animals to ever live, to invertebrates, such as abalone that fit in the palm of your hand. Additionally, unless a rope diameter is explicitly prohibited in an area, rope diameter does not rule out the potential for an entanglement to have occurred in Maine waters, even if it does not represent the majority's normal fishing practices. The commenter cites four cases of unknown entanglements they believe explicitly rule out Maine lobster fisheries from the origin of entanglement. The Pacific Fisheries Information Network (PacFIN) provides an inseason salmon bycatch report to monitor bycatch in the groundfish fishery. POC is Gary Rule, NMFS West Coast Region, at gary.rule@noaa.gov, (503) 230-5424. NOAA Technical Memorandum NMFS-NE-264, 479 p. Henry A, Garron M, Reid A, Morin D, Ledwell W, Cole TVN. The West Coast is home to a variety of seabird species. 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. 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. Response: NMFS agrees that the best available scientific information is important for assessing the risk fisheries pose to marine mammal stocks. The Regional Administrator's Office establishes policies, principles and priorities for the West Coast Region. 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. on NARA's archives.gov. The seal had injuries consistent from dog bites, and was transported to SR3 for rehabilitation. They work with project applicants and NOAA Fisheries biologists to optimize project designs, construction, operations, instream flows, and habitat for the protection and recovery of aquatic species at both the project and watershed scale. The following stock is making progress towards being rebuilt: For updated information, view our Fishery Stock Status Updates. for better understanding how a document is structured but Bottlenose dolphin, GMX bay, sound, and estuarine. One killer whale (Gulf of Alaska, BSAI transient stock) M/SI was driving the Category II classification of the BSAI Pacific cod longline fishery. All other documented lobster interactions were determined to result in non-serious injuries. The definitions for the fishery classification criteria can be found in the implementing regulations for section 118 of the MMPA (50 CFR 229.2). Once these permits for unauthorized gear types expire, the permit-holder will be required to obtain a permit for an authorized gear type; and. NMFS clarifies the fishery description of the Category II Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery. These seabirds are protected by the Migratory Bird Treaty Act, and some are listed as endangered or threatened under the Endangered Species Act. 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] Results of the study indicated that there is a high frequency of associations between troll and rod and reel fishing, and pantropical spotted dolphins, and in particular with the Hawaii Island stock. If you have questions related to these permits and licenses or the associated forms, please contact the West Coast Fisheries Permit Contact at (206) 526-4353. 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. [FR Doc. 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. Response: NMFS uses the classification criteria described in the preamble to classify fisheries as Category I, Category II, or Category III. For the best experience, please use a modern browser such as Chrome, Firefox, or Edge. NMFS updates the estimated number of HSFCA permits for high seas fisheries (Table 3) as follows: The following tables set forth the list of U.S. commercial fisheries according to their classification under section 118 of the MMPA. to provide more detail on composition of effort within these fisheries. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally whenever we propose to authorize take for endangered or threatened species. Data obtained from the observer program and observer coverage levels are important tools in estimating the level of marine mammal mortality and serious injury in commercial fishing operations. While the Federal waters portion of the Maine lobster fishery is managed through the Atlantic States Marine Fisheries Commission as part of Lobster Management Area 1, it is also subject to further regulation and enforcement by the state of Maine through the Lobster Management Policy Councils. 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. 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. Bottlenose dolphin, GMX continental shelf. 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. documents in the last year, 822 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. on Under the MMPA, we conserve and manage marine mammal populations along the West Coast. Variable Description Derivation Model(s) Biophysical variables: Area of reef within proximity: Area of coral reef habitat within 20 or 200 km: UFRTM: Impact; biomass ^, Bottlenose Dolphin Take Reduction Plan (BDTRP). . 2022. Below we provide further detail as to why the information presented by the MLA is insufficient for the requested changes. Literature citations should read as . For high seas fisheries, Table 3 lists the number of valid HSFCA permits currently held. Internet Explorer lacks support for the features of this website. 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. Bottlenose dolphin, Eastern GMX coastal. Additionally, in August 2020, NMFS reopened the Southern Exclusion Zone to Hawaii deep-set longline fishing (85 FR 50959, August 19, 2020). NMFS looks forward to seeing what measures the state of Massachusetts will finalize and implement for the state lobster trap/pot fishery in the future. 03/03/2023, 234 2018. 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. By list-ing subdivisions of an ESU, NMFS was able to protect declin-ing steelhead populations while acceding to FWS . 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. Is Action 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. publication in the future. This rule has been determined to be not significant for the purposes of Executive Orders 12866 and 13563. 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. The NMFS determined that the project would adversely affect PS Chinook and PS steelhead and their designated critical habitats. Credit: NOAA. HLA requests that NMFS remove Kogia species from the list of species and/or stocks incidentally killed or injured in the deep-set longline fishery because SARs for the two stock does not include M/SI in the deep-set fishery. Response: This comment has been addressed previously (see 84 FR 22051, May 16, 2019). Tables 1 and 2 serve to provide a description of the fishery's potential effort (state and Federal). The PBR level for the SEAK harbor porpoise stock was estimated based on a survey that covered only a portion of the currently-recognized distribution of this stock, and it included commercial fishery M/SI that occurred far north of the surveyed areas. The Northwest Fisheries Science Center produces an annual report on salmon bycatch. Today, the U.S. Department of Commerce, through its National Oceanic and Atmospheric Administration (NOAA), has awarded grants of up to $30 million, over a five-year period, to two Historically Black Colleges and Universities: Florida A&M University and the University of Maryland Eastern Shore. The commenter notes that in the absence of sufficient data to properly classify all fisheries, the MMPA provides that NMFS may evaluate 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. These tools are designed to help you understand the official document Am I required to register under the MMPA? Steelhead are native to cold-water tributaries of the Pacific basin in Northeast Asia and North America.Like other sea-run (anadromous) trout and salmon, steelhead spawn in . Refer to NMFS No. The commenter notes that the Maine state waters lobster fishery is managed and enforced by the state of Maine. 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. At this time, we do not have enough information to suggest Maine's fisheries should be split from the Northeast/mid-Atlantic American lobster trap/pot fishery, because the gear used in Maine waters is not unique from other states. 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. Below are links to learn about a few of our West Coast species. legal research should verify their results against an official edition of In this Issue, Documents Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline. The LOF includes a list of marine mammal species and/or stocks incidentally killed or injured in each commercial fishery. Category II: Annual mortality and serious injury of a stock in a given fishery is greater than 1 percent and less than 50 percent of the PBR level (i.e., occasional incidental mortality and serious injury of marine mammals). Fishermen from Washington, Oregon, and California catch them year-round using a variety of gear types. NOAA Fisheries and the Council work with state and tribal governments, as well as industry, environmental organizations, and academic institutions. . Comment 10: MLA states that NMFS has the flexibility to consider a variety of criteria, such as differences in gear and fishing techniques, and the distribution of endangered stocks relative to individual fisheries when classifying fisheries on the LOF. 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. In addition, of the four pantropical spotted dolphin stocks, only the Hawaii pelagic stock has a minimum population estimate and resulting PBR. Fritz, R.C. The commenter notes that the primary information used in the 2021 LOF comes from 2019 SARs, which are based on data from 2013-2017. Additionally, EPSB provides guidance to NOAA Fisheries staff and leadership to strategize actions for watersheds and resource management. There are two primary species of salmon that are caught as bycatch in the Pacific Groundfish fishery, Chinook and coho salmon. The communications service provider receives the transmission and relays it to NOAA Fisheries. NMFS re-classifies two fisheries in the LOF for 2021. The West Coast is home to the following endangered or threatened seabird species: Seabirds are attracted to fishing vessels and fishing operationsoffal and bait can be tempting sources of "free food." on It also oversees and coordinates several cross-division activities, such as communications, aquaculture, and National Environmental Policy Act review that requires coordination among multiple offices and locations. We work with numerous partners and our NOAA Fisheries counterpartsthe Northwest, Pacific Islands and Alaska Fisheries Science Centers and the West Coast Regional Officeto provide sound science for domestic and international management decisions. Under the Endangered Species Act, we develop protections, designate critical habitat, implement recovery, and authorize scientific research permits for threatened and endangered species. Bottlenose dolphin, Northern GMX oceanic. Therefore, while HSFCA permits exist for these gear types, it does not represent effort. Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/pot. 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. The Operations, Management, and Information Services Division supports West Coast Region operations through budget planning, formulation, and execution; human resources management (including Equal Employment Opportunity and diversity); oversight of administrative processes; management of information, information technology, and communications systems; and management of environmental compliance, travel, facilities, safety, and property. 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. Roundfish: The six species are lingcod, cabezon, kelp greenling, Pacific cod, Pacific whiting (hake), and sablefish. CA nearshore finfish live trap/hook-and-line. 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. Am I required to comply with any marine mammal TRP regulations? The list of species and/or stocks incidentally killed or injured includes serious and non-serious documented injuries as described later in the List of Species and/or Stocks Incidentally Killed or Injured in the Pacific Ocean and List of Species and/or Stocks Incidentally Killed or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean sections. 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. The management of West Coast groundfish fisheries relies on ongoing scientific efforts in federal, state, and academic programs. of the issuing agency. In 2017, a spotted dolphin from the 4-Islands stock was observed with a band of debris around its rostrum preventing it from opening its mouth (Bradford and Lyman, 2019). No comments were received on that certification, and no new information has been discovered to change that conclusion. Extending along the U.S. Coast from Canada to Mexico, the California Current is characterized by some of the most dramatic annual, interannual, and decadal environmental variability in the world. SUMMARY: We, NMFS, have completed a status review of the northern right whale under the Endangered Species Act (ESA). 1387(e)) and 50 CFR 229.6, any vessel owner or operator, or gear owner or operator (in the case of non-vessel fisheries), participating in a fishery listed on the LOF must report to NMFS all incidental mortalities and injuries of marine mammals that occur during commercial fishing operations, regardless of the category in which the fishery is placed (I, II, or III) within 48 hours of the end of the fishing trip or, in the case of non-vessel fisheries, fishing activity. The SARs are available at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. Additionally, NMFS is proposing a schedule of RFDs for every Tuesday and Friday from December 1, 2023 through March 31, 2024. Northeast mid-water trawl (including pair trawl), Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl. "In February 1994, the National Marine Fisheries Service (NMFS) received a petition seeking protection under the Endangered Species Act (ESA) for 178 populations of steelhead (anadromous Oncorhynchus mykiss) in Washington, Idaho, Oregon, and California. NOAA Fisheries West Coast Region, Northwest Fisheries Science Center, and Southwest Fisheries Science Center work together to apply the latest science to sustainably manage the rich marine resources of the region for generations to come.
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