Additional information about HSFCA permits can be found at https://www.fisheries.noaa.gov/permit/high-seas-fishing-permits. For the best experience, please use a modern browser such as Chrome, Firefox, or Edge. NMFS is requesting comments on this proposed RFD schedule. Bradford, J. Barlow, D.L. The West Coast Region works within the coasts and watersheds of Washington, Oregon, California, and Idaho. The NMFS determined that the project would adversely affect PS Chinook and PS steelhead and their designated critical habitats. on West Coast Region Committed to conserving and protecting our trust resources, the West Coast Region provides science-based conservation and management for sustainable fisheries and aquaculture, marine mammals, sea turtles, and endangered species, and their habitats. We also manage and conserve marine mammals under the Marine Mammal Protection Act and coordinate and support the marine mammal stranding networks. Scott most recently served as the Deputy Regional Administrator for the region since 2017. 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. However, 86 percent of known entanglements were in Canadian gear. Harvest specifications include annual catch limits for a species or species complex. Bottlenose dolphin, Puerto Rico and United States Virgin Islands. 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. Atlantic spotted dolphin, Northern GMX. NMFS updates the estimated number of vessels/persons in the Pacific Ocean (Table 1) as follows: NMFS adds the Aleutian Islands stock of harbor seal to the list of species/stocks incidentally killed or injured in the Category II AK Bering Sea, Aleutian Islands rockfish trawl fishery. Additional information on observer programs in commercial fisheries can be found on the NMFS National Observer Program's website: https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program. The West Coast groundfish recreational fisheries are managed by the coastal states with management coordinated in the Pacific Fishery Management Council process. For the best experience, please use a modern browser such as Chrome, Firefox, or Edge. 03/03/2023, 159 Humpback whale, Central North Pacific (Southeast AK). 2014. The management of West Coast groundfish fisheries relies on ongoing scientific efforts in federal, state, and academic programs. Today, most of the 90 plus stocks managed under the West Coast groundfish fisheries are not overfished and are not experiencing overfishing. In order to land fish species, fishers must be using an authorized gear type. 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. Comment 16: Whale Safe USA requests NMFS maintain the Category I classifications for Northeast/Mid-Atlantic American lobster trap/pot fishery and Northeast sink gillnet fishery. This rule contains existing collection-of-information (COI) requirements subject to the Paperwork Reduction Act and would not impose additional or new COI requirements. Bottlenose dolphin, GMX continental shelf. March 18, 2022. 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. | Find, read and cite all the research . *Only applicable to the portion of the fishery operating in U.S. waters; and. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. Fisheries observers on fishing vessels, transmit real time data electronically to NMFS. How does NMFS determine which species or stocks are included as incidentally killed or injured in a fishery? 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. Together with decision-makers at NOAA, other federal agencies, states, and others, we apply this scientific knowledge to make our environment healthier and improve peoples lives and livelihoods. The impacts of numerous fisheries have been analyzed in various biological opinions, and this rule will not affect the conclusions of those opinions. 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. The classifications and definitions of U.S. commercial fisheries for 2021 are identical to those provided in the LOF for 2020 with the changes discussed below. The forms for actions on these permits and licenses can be found on the West Coast Fisheries Permits page. Landed catch is tracked primarily on fish tickets, which are administered by the West Coast States through the Pacific Fisheries Information Network (PacFIN). Individuals fishing in Category I and II fisheries for which no state or Federal license or permit is required must register with NMFS by contacting their appropriate Regional Office (see ADDRESSES). 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 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. documents in the last year, 35 Comment 8: HLA recommends NMFS remove the Central North Pacific humpback whale stock from the list of species and/or stocks incidentally killed or injured in the Category II HI shallow-set longline fishery. Some of them vary in concentration from north to south, and some are common from the U.S./Canada border to the U.S./Mexico border. the current document as it appeared on Public Inspection on 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. "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. NMFS adds a superscript 1 to the CA/OR/WA stock of minke whale indicating it is driving the Category II classification of the CA thresher shark/swordfish drift gillnet (14 in mesh) fishery. McSweeney, E.M. Oelson, A.L. Stocks driving a fishery's classification are denoted with a superscript 1 in Tables 1 and 2. In some cases, more recent information may be available and used in the LOF. Internet Explorer lacks support for the features of this website. 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. Therefore, the 9/16 inch float rope that was recovered from E01-09/RW 3311, again, does not explicitly rule out Maine lobster fisheries. Current Maine state lobster management does not represent unique gear characteristics (e.g., the use of weak rope exclusively or exclusion of vertical lines). Clapham, S.P. 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. With more bad news forecast for California salmon, several fishing advocacy groups called Friday for the state to impose an immediate closure of the 2023 salmon season and seek federal assistance for a fishery disaster. Since 2006, there has only been one observed leatherback sea turtle caught in groundfish fishing gear. *, Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot. NMFS clarifies that this fishery targets shrimp species with various gear types, but mainly utilizes skimmer or otter trawls. 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. California Department of Fish and Wildlife photo/G. NMFS clarifies that the fishery does not target bluefin tuna, shortfin mako sharks and other shark species. This prototype edition of the establishing the XML-based Federal Register as an ACFR-sanctioned Comment 9: The Commission recommends that NMFS reclassify the Category III Hawaii troll fishery as a Category II fishery. U.S. Department. 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). As noted in the section of this rule and the LOF proposed rule describing how NMFS determines which species or stocks are included as incidentally killed or injured in a fishery, for fisheries with no observer coverage and for observed fisheries with evidence indicating that undocumented interactions may be occurring (e.g., fishery has evidence of fisheries interactions that cannot be attributed to a specific fishery, and stranding network data include evidence of fisheries interactions that cannot be attributed to a specific fishery), stocks may be retained on the LOF for longer than 5 years. 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. This occurred in 2008 by a vessel using pot gear in the Open Access fishery. and services, go to While NMFS appreciates the state of Maine's efforts to manage the footprint of where individual lobstermen may set their gear, NMFS must look at the risk that the gear itself poses to large whales, particularly North Atlantic right whales. They also develop science-based strategies and effective partnerships to recover and conserve West Coast trust resources. Jacalen Printz . Groundfish generally fall into one of the following categories of fish: Groundfish are commonly associated at some part of their lives with the ocean floor. These gear types likely entangle marine mammals, particularly bottlenose dolphins, in very similar ways. Beginning with the 2009 LOF, NMFS includes high seas fisheries in Table 3 of the LOF, along with the number of valid High Seas Fishing Compliance Act (HSFCA) permits in each fishery. Alaska Marine Mammal Stock Assessments, 2016. 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). Observers collect information on what is caught, whether it is landed or discarded at sea, to estimate bycatch. Our Science Centers conduct cutting-edge biological, economic, and oceanographic research, as well as observations and monitoring of living marine resources and their environments. Diagram of streamer lines. of Commerce, NOAA Technical Memorandum NMFS-PIFSC-81, 18 p. Bradford A.L. Additional details regarding categorization of fisheries is provided in the preamble to the final rule implementing section 118 of the MMPA (60 FR 45086; August 30, 1995).Start Printed Page 3036. The Public Inspection page NMFS designates those fisheries in Tables 1, 2, and 3 with an asterisk (*) after the fishery's name. HSFCA permits are valid for 5 years, during which time Fishery Management Plans (FMPs) can change. In a joint statement the Pacific Coast Federation of Fishermen's . Response: NMFS uses the classification criteria described in the preamble to classify fisheries as Category I, Category II, or Category III. recoveryplans for all listed species. As stated above, we find that there is insufficient information to suggest that Maine's fisheries should be split from the Northeast/mid-Atlantic American lobster trap/pot fishery because the gear used in Maine waters and the manner in which the gear is used are not unique from other states. That Is the Question, Endangered Salmon Regain Access to Healthy West Coast Habitat through 20 Projects Funded by NOAA Fisheries, An Entangled Web: Research Collaboration Unravels Causes and Consequences of Sea Lion Entanglements, We help other federal agencies conserve habitat for protected species and for, to support commercial, tribal, and recreational fisheries. Limited Entry Trawl North of 4010' N Lat. NMFS re-classifies two fisheries in the LOF for 2021. 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. Of those, 0.2 were attributed to U.S. fisheries, 1.2 to Canadian fisheries, and the remaining 4.15 were undetermined. Aurioles-Gamboa, D. and C. J. Hernadez-Camacho. 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. The commenter alleges There are zero instances of Maine lobster gear associated with a right whale serious injury or mortality in any data set, and only one known entanglement where Maine lobster was the primary entangling gear in 2002 resulting in non-serious injury determination. We recognize that there has only been one confirmed mortality (in 2012) in identified U.S. trap/pot gear in the past decade. Most individual species tend to localize by depth more than latitude. We also study the impacts of environmental variability and climate change on marine ecosystems and fishery socioeconomics. 03/03/2023, 1465 List of Terms, Abbreviations, and Symbols Used in Table 3: CACalifornia; GMXGulf of Mexico; HIHawaii; OROregon; WAWashington; WNAWestern North Atlantic; *Fishery is an extension/component of an existing fishery operating within U.S. waters listed in Table 1 or 2. NOAA's National Marine Fisheries Service (NMFS) pursuant to section 7 of the Endangered Species Act of 1973 (ESA) (16 U.S.C. The Magnuson-Stevens Act, along with other federal laws, guides NOAA Fisheries and the Council's development of policy. How do I register, renew and receive my Marine Mammal Authorization Program authorization certificate? There are two additional non-serious injury entanglement cases that involved Maine lobster gear. The authorization certificate, or a copy, must be on board the vessel while it is operating in a Category I or II fishery, or for non-vessel fisheries, in the possession of the person in charge of the fishing operation (50 CFR 229.4(e)). FLC also states that the BSAI Pacific cod longline fishery is currently classified as a Category II based on a killer whale M/SI in 2012. Additional species are currently under review or have been proposed for Endangered Species Act listing: 2 petitioned species awaiting a 90-day finding, 15 candidate species for ESA listing, 1 proposed species for ESA listing. US Department of Commerce, Northeast Fish Sci Cent Ref Doc. Parents teach their kids to fish the West Coasts 7,000 miles of shore and view wildlife such as elephant seals, sea turtles, and sea lions. 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. NMFS also makes changes to the estimated number of vessels/persons and list of species and/or stocks killed or injured in certain fisheries. 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 definitions for the fishery classification criteria can be found in the implementing regulations for section 118 of the MMPA (50 CFR 229.2). FLC provides evidence that from 2013 through 2017 the only marine mammal stock incidentally killed or injured in the BSAI Pacific cod longline fishery was the Western U.S. stock of Steller sea lions and these did not result in annual M/SI greater than 1 percent of the stock's PBR level. Ream, E.L. Richmond, K.E.W. The COI for the registration of individuals under the MMPA has been approved by the OMB under OMB Control Number 0648-0293 (0.15 hours per report for new registrants). 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. Below we provide further detail as to why the information presented by the MLA is insufficient for the requested changes. Under the MMPA, we conserve and manage marine mammal populations along the West Coast. (2020):105652. We also conduct research throughout the Pacific Ocean and in the Southern Ocean around Antarctica. biennium). 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. The LOF for 2021 reflects new information on interactions between commercial fisheries and marine mammals. Groundfish inhabit a variety of depths, ranging from intertidal and nearshore to waters as deep as 3,500 meters (1,900 fathoms). Mid-Atlantic mid-water trawl (including pair trawl). 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. (Federal Register 11 January 2023 [Proposed Rule] Pages 1548-1555) . With our partners, we are working on hundreds of projects to protect and restore vital habitat for West Coast fish and wildlife populations. NMFS adds three stocks to the list of species/stocks incidentally killed or injured in the Category II AK Bering Sea, Aleutian Islands Pacific cod pot fishery: (1) Bristol Bay stock of harbor seal, (2) Western North Pacific stock of humpback whale, and (3) Central North Pacific stock of humpback whale. 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. This definition can also be found in the implementing regulations for section 118 of the MMPA (50 CFR 229.2). 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. This area appeared to be with live bottom and artificial structure and is a known coastal nursery area for this species along the U.S. Atlantic east coast . Therefore, the EEZ components of these fisheries pose the same risk to marine mammals as the components operating on the high seas. Bottlenose dolphin, unknown (Southern migratory coastal or Southern NC estuarine system). NMFS reclassifies the AK BSAI Pacific cod longline fishery from a Category II to Category III fishery. Pantropical spotted dolphin, Northern GMX. Response: This comment has been addressed previously (see 85 FR 21079, April 16, 2020). They typically become effective on January 1 of any given year (the beginning of the management cycle). William Abadie . . FLC further states that NMFS attributes the single M/SI to both stocks equally. They state that the M/SI should be distributed between stocks based on the relative proportion of the population of the two stocks combined. Sign-up toreceive bulletins and notices by email. The West Coast is home to a variety of seabird species. 2019. Lyman. The seal had injuries consistent from dog bites, and was transported to SR3 for rehabilitation. Therefore, NMFS reclassifies the AK BSAI Pacific cod longline fishery from a Category II to a Category III fishery in this final rule. In March 2015, there was an observed humpback whale, Central North Pacific stock, injury in the Category II Hawaii shallow-set longline fishery. 1361 et seq. developer tools pages. As described in the 2019 LOF (84 FR 22051, May 16, 2019), six false killer whale M/SI incidental to the deep-set longline fishery were observed inside the exclusive economic zone (EEZ) around Hawaii, including three that occurred close to the outer boundary of the Main Hawaiian Islands Longline Fishing Prohibited Area, in close proximity to the outer boundary of the MHI Insular false killer whale stocks' range. ^The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the list of species and/or stocks killed or injured in high seas component of the fishery, minus species and/or stocks that have geographic ranges exclusively on the high seas. Flatfish: 12 species including petrale sole, Dover sole, starry flounder, arrowtooth flounder, and Pacific sanddab. In these cases, the high seas component of the fishery is not considered a separate fishery, but an extension of a fishery operating within U.S. waters (listed in Table 1 or 2). Our research encompasses the waters of the California Current and adjacent inland watersheds, bays and estuaries of California. Pacific Offshore Cetacean Take Reduction Plan (POCTRP), Atlantic Trawl Gear Take Reduction Team (ATGTRT). 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. Our ESA program supports a national focus on species needing immediate action to prevent extinction and species with identified actions that can be immediately implemented. NOAA Fisheries and the Pacific Fishery Management Counciloversee the management of West Coast groundfish in U.S. federal waters. 2016. Additionally, in August 2020, NMFS reopened the Southern Exclusion Zone to Hawaii deep-set longline fishing (85 FR 50959, August 19, 2020). by the Foreign Assets Control Office NMFS clarifies the fishery description of the Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery. Internet Explorer lacks support for the features of this website. Harbor seal, WNA. 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. Harbor porpoise, GME/BF. NMFS also reviewed other sources of new information, including marine mammal stranding and entanglement data, observer program data, fishermen self-reports, reports to the SRGs, conference papers, FMPs, and ESA documents. Bottlenose dolphin, Northern GMX oceanic. None documented in the most recent 5 years of data. 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). Additionally, NMFS is proposing a schedule of RFDs for every Tuesday and Friday from December 1, 2023 through March 31, 2024. Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Affected Species and NMFS' Determinations: ESA-Listed Species Status . NOAA Fisheries Office of Law Enforcement, West Coast Division; NOAA General Counsel, Northwest Section; and NOAA General Counsel, Southwest Section December 2021 1 "NOAA" is the National Oceanic and Atmospheric Administration. This notice initiated a 60-day period for the public to provide comments to NMFS related to the status of the species being reviewed. 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. [FR Doc. Longer-lived species tend to produce fewer offspring that grow to adulthood, but have other life history traits for coping with environmental variability. If the total annual mortality and serious injury of a marine mammal stock, across all fisheries, is less than or equal to 10 percent of the PBR level of the stock, all fisheries interacting with the stock will be placed in Category III (unless those fisheries interact with other stock(s) for which total annual mortality and serious injury is greater than 10 percent of PBR). One killer whale (Gulf of Alaska, BSAI transient stock) M/SI was driving the Category II classification of the BSAI Pacific cod longline fishery. Because fisheries are classified on a per-stock basis, a fishery may qualify as one category for one marine mammal stock and another category for a different marine mammal stock. 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. 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. Last updated by NOAA Fisheries on 12/13/2022. 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.
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