The Magnuson-Stevens Act, along with other federal laws, guides NOAA Fisheries and the Council's development of policy. This catch data is used along with captain-reported logbooks in place of observer data to debit vessel accounts. Individuals participating in a Category I or II fishery are required to accommodate an observer aboard their vessel(s) upon request from NMFS. 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. All other documented lobster interactions were determined to result in non-serious injuries. There are approximately 50 ESA-listed species, distinct population segments, and evolutionarily significant units under our jurisdiction, including species of whales, pinnipeds (seals and sea lions), sea turtles, fish, and mollusks. However, a close look at these cases reveals that the entangling gear is no longer fished, efforts to trace registration numbers to U.S. fishery were unsuccessful, or a Maine fishery was explicitly ruled out. We work with partners to manage salmon and steelhead, groundfish, and coastal pelagic species in ocean and inland waters. 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. How do I register, renew and receive my Marine Mammal Authorization Program authorization certificate? Leatherback sea turtles that occur off the West Coast are most likely to originate from nesting aggregations of the western Pacific. Response: This comment has been addressed previously (see 85 FR 21079, April 16, 2020). NMFS updates the MMAP certificate process for calendar year 2021. Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean pelagic hook-and-line/harpoon. the current document as it appeared on Public Inspection on 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. A full list of projects is available on RCO's Web site. 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. They note that this M/SI is assigned to both the resident and transient stocks of killer whales and is outside the 5 year timeframe (2013-2017) of the 2021 LOF. Should major changes to lobster gear and fishing practices be required and implemented for all Massachusetts state lobster fishing gear, making this gear unique and easily identified from other state and Federal gear, NMFS will re-evaluate the status of this fishery and consider it in a future proposed LOF. None documented in most recent 5 years of data. West Coast Region . 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. The sample size of recovered gear from entanglements is small and much of the retrieved gear is unmarked and cannot be attributed to a particular location. For the 2021 LOF, NMFS retains the Category II classification for the Yakutat salmon set gillnet and SE Alaska salmon drift gillnet fisheries until more data are available. This unique population is cut off from its historical spawning and rearing habitat, and faces many other threats, but efforts are underway to help it recover. Bottlenose dolphin, HI Pelagic. 03/03/2023, 207 Where does NMFS obtain information on the level of observer coverage in a fishery on the LOF? Bottlenose dolphin, Indian River Lagoon estuarine system. better and aid in comparing the online edition to the print edition. 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. rendition of the daily Federal Register on FederalRegister.gov does not 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. MLA also alleges that Maine's state and Federal lobster fisheries do not meet the criteria of a Category I fishery under the MMPA. Additional detail on how gear would be considered unique to differentiate it from other state lobster and trap/pot fisheries is included in response to Comment #11. Changes made to Mid-Atlantic and New England fishery participants will not affect observer coverage or bycatch estimates, as observer coverage and bycatch estimates are based on vessel trip reports and landings data. In March 2015, there was an observed humpback whale, Central North Pacific stock, injury in the Category II Hawaii shallow-set longline fishery. Sharper Picture of Salmon in the Ocean Resets Threshold for Fishing Limits, Coordinated Response Protected Southern Residents From Sunken Ship Leaking Oil, Incidental Take Authorization: NOAA Fisheries Northwest Fisheries Science Center Fisheries and Ecosystem Research Activities in the Pacific Ocean (2023-2028), Incidental Take Authorization: San Mateo County Harbor District's Pillar Point Harbor Johnson Pier Expansion and Dock Replacement Project in Princeton, California, Incidental Take Authorization: City of Santa Cruz Murray St. Bridge Seismic Retrofit Project in Santa Cruz, California, 90-Day Finding on the Petition to List Olympic Peninsula Steelhead as a Threatened or Endangered Distinct Population Segment, Regulations to Authorize Deep-set Buoy Gear under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP), Final EIS Available for Public Review: Proposed Amendment 6 to the Fishery Management Plan for West Coast Highly Migratory Species Fisheries: Authorization of Deep-set Buoy Gear, Correcting Amendment for West Coast Groundfish 2023-2024 Harvest Specifications and Management Measures, Advance Notice of Electronic Monitoring Regulatory Program, Proposed Regulations to Implement Proposed Amendment 6 to the Fishery Management Plan for West Coast Highly Migratory Species Fisheries to Authorize Deep-set Buoy Gear, Notice of Opportunities to Submit Public Comments on 2023 Ocean Salmon Fisheries, Bycatch Reduction Engineering Program Funding. Critical habitat has not been designated for all listed entities. 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). Bottlenose dolphin, Charleston estuarine system. By list-ing subdivisions of an ESU, NMFS was able to protect declin-ing steelhead populations while acceding to FWS . Learn more about Fisheries Management on the West Coast. 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. The following stock is making progress towards being rebuilt: For updated information, view our Fishery Stock Status Updates. Green sturgeon are vulnerable to capture in the groundfish fishery by bottom trawl and mid-water trawl 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. on A fourth table, Table 4, lists all commercial fisheries managed under applicable TRPs or take reduction teams (TRT). Forney, and N.C. Young. 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). 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. The majority of the Southern DPS green sturgeon encountered are released alive and expected to survive. They are in place for a two-year period, except as changed through in-season adjustments to management measures. Ghrist. 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. Atlantic Large Whale Take Reduction Plan (ALWTRP). Because of this court ruling, NMFS conducted updated status reviews for ESA-listed West Coast steelhead ESUs that took into account those non-anadromous populations below dams and other major migration barriers that were considered to be part of the steelhead ESUs (Good et al., 2005). 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. documents in the last year, 663 Together, they advance sustainable management of more than 90 groundfish stocks. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally whenever we propose to authorize take for endangered or threatened species. 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. 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. Conserving at-risk habitats contributes to ecosystem resilience. Most individual species tend to localize by depth more than latitude. Analysis of West Coast Groundfish Fisheries for the 2017 Biological Opinion on Endangered Species Act-listed Salmon. Annual bycatch estimates are prorated using a process outlined in detail in the SARs, which account for M/SI that occur within the MHI-pelagic or NWHI-pelagic overlap zones. For more information on how NMFS classifies high seas fisheries on the LOF, see the preamble text in the final 2009 LOF (73 FR 73032; December 1, 2008). Fisheries observers on fishing vessels, transmit real time data electronically to NMFS. NMFS reclassifies the AK BSAI Pacific cod longline fishery from at Category II to Category III fishery. PDF | We delineated and scored Biologically Important Areas (BIAs) in the Arctic region. 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). This notice initiated a 60-day period for the public to provide comments to NMFS related to the status of the species being reviewed. NMFS adds the Aleutian Islands stock of harbor seal to the list of species/stocks incidentally killed or injured in the Category III AK Bering Sea, Aleutian Islands Atka mackerel trawl fishery. 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). In the 2020 LOF final rule, NMFS cites all U.S. undetermined M/SI, potential M/SI prevented by intervention, and North Atlantic right whale entanglement scarring rates as data used for the Category I classification of the Northeast/mid-Atlantic American lobster trap/pot fishery. The LOF includes a list of marine mammal species and/or stocks incidentally killed or injured in each commercial fishery. Use the PDF linked in the document sidebar for the official electronic format. documents in the last year, 467 This rule would not affect species listed as threatened or endangered under the ESA or their associated critical habitat. Bottlenose dolphin, Southern NC estuarine system. NMFS-PIFSC-75. These fisheries, though listed separately on Table 1 or 2 and Table 3, are considered the same fisheries on either side of the EEZ boundary. Based on the information and analysis contained here and in the referenced documents, NMFS has determined the following: (1) the required mitigation measures will effect the least practicable impact on marine mammal species or stocks and their habitat; (2) the authorized takes will have a negligible impact on the affected marine mammal species . The Regional Administrator's Office establishes policies, principles and priorities for the West Coast Region. In the Mid-Atlantic and New England fisheries, the numbers represent the potential effort for each fishery, given the multiple gear types for which several state permits may allow. Current Maine state lobster management does not represent unique gear characteristics (e.g., the use of weak rope exclusively or exclusion of vertical lines). 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. 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. In accordance with the Companion Manual for NOAA Administrative Order (NAO) 216-6A, NMFS determined that publishing this LOF qualifies to be categorically excluded from further NEPA review, consistent with categories of activities identified in Categorical Exclusion G7 (Preparation of policy directives, rules, regulations, and guidelines of an administrative, Start Printed Page 3053financial, legal, technical, or procedural nature, or for which the environmental effects are too broad, speculative or conjectural to lend themselves to meaningful analysis and will be subject later to the NEPA process, either collectively or on a case-by-case basis) of the Companion Manual and we have not identified any extraordinary circumstances listed in Chapter 4 of the Companion Manual for NAO 216-6A that would preclude application of this categorical exclusion. The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 2021, as required by the Marine Mammal Protection Act (MMPA). The 2021 LOF generally summarizes data from 2013-2017, and in addition to the SARs, the LOF also reviews other sources of information, including injury determination reports and observer data. NMFS has designated those fisheries listed by analogy in Tables 1 and 2 by adding a 2 after the fishery's name. Bottlenose dolphin, GMX continental shelf. Bottlenose dolphin, Biscayne Bay estuarine. Additional details regarding how the categories were determined are provided in the preamble to the final rule implementing section 118 of the MMPA (60 FR 45086; August 30, 1995). When expanded it provides a list of search options that will switch the search inputs to match the current selection. Therefore, the EEZ components of these fisheries pose the same risk to marine mammals as the components operating on the high seas. Response: For determining a fishery's classification on the LOF, NMFS must assess the M/SI with respect to a stock's PBR. 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. Bottlenose dolphin, Barataria Bay estuarine system. 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. Discarded catch is accounted for by the West Coast Groundfish Observer Program. 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). California Trout calls for more transparency from Union Pacific on its safety practices for . Re: Endangered Species Act Section 7(a)(2) Biological Opinion and Magnuson-Stevens In February 2014, there was an observed interaction with a pygmy sperm whale (Kogia breviceps) in the Category I HI deep-set longline fishery. The definitions for the fishery classification criteria can be found in the implementing regulations for section 118 of the MMPA (50 CFR 229.2). The commenter cites four cases of unknown entanglements they believe explicitly rule out Maine lobster fisheries from the origin of entanglement. Comment 6: HLA restates a previous comment recommending NMFS remove the Main Hawaiian Islands (MHI) insular and Northwestern Hawaiian Islands (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. Reflections on the West Coast Groundfish Survey. U.S. Mid-Atlantic mixed species stop seine/weir/pound net (except the NC roe mullet stop net), Gulf of Maine, U.S. Mid-Atlantic sea scallop dredge, U.S. Mid-Atlantic/Gulf of Mexico oyster dredge, New England and Mid-Atlantic offshore surf clam/quahog dredge, Southeastern U.S. Atlantic haul/beach seine, Atlantic Ocean, Gulf of Mexico, Caribbean shellfish dive, hand/mechanical collection, Gulf of Maine urchin dive, hand/mechanical collection, Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and Caribbean cast net, Atlantic Ocean, Gulf of Mexico, Caribbean commercial passenger fishing vessel. There are no current data on interactions with pantropical dolphins (or other dolphin species) in any other Pacific Ocean commercial troll fisheries. We help other federal agencies conserve habitat for protected species and for essential fish habitat to support commercial, tribal, and recreational fisheries. 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. Alaska Marine Mammal Stock Assessments, 2016. Additionally, NMFS is proposing a schedule of RFDs for every Tuesday and Friday from December 1, 2023 through March 31, 2024. 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. Our charge is to manage fisheries sustainably for future generations. 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. Injury is defined in 50 CFR 229.2 as a wound or other physical harm. Bottlenose dolphin, Northern GA/Southern SC estuarine.