Therefore, while HSFCA permits exist for these gear types, it does not represent effort. are not part of the published document itself. 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. Any vessel owner or operator 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 within 48 hours of the end of the fishing trip. 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. MLA states that this requirement differentiates the Maine lobster fishery from all other lobster fisheries throughout the Northeast and mid-Atlantic. documents in the last year, by the National Oceanic and Atmospheric Administration The SARs are available at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. Comment 7: HLA restates a previous comment opposing the inclusion of the Hawaii stocks of Kogia species (pygmy or dwarf sperm whales) on the list of species and/or stocks incidentally killed or injured in the Category I HI deep-set longline fishery. SUMMARY: We, NMFS, have completed a status review of the northern right whale under the Endangered Species Act (ESA). Bottlenose dolphin, Northern GMX oceanic. Humpback whale, Central North Pacific (Southeast AK). We also note that two additional entanglements have been identified as Massachusetts lobster trap/pot entanglements (E36-16/RW 3623 and E25-09). NMFS removes the Alaska stock of ringed seal from the list of species/stocks incidentally killed or injured in the Category III AK Bering Sea, Aleutian Islands Pacific cod trawl fishery. These fishery fact sheets provide the full history of each Category I and II fishery, including: When the fishery was added to the LOF; the basis for the fishery's initial classification; classification changes to the fishery; changes to the list of species and/or stocks incidentally killed or injured in the fishery; fishery gear and methods used; observer coverage levels; fishery management and regulation; and applicable TRPs or TRTs, if any. 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. These species are key elements of the ecosystem and are critically important for our culture, recreation, and economy. Therefore, Maine lobster trap/pot fisheries cannot be ruled out as the potential origin for entanglements with undetermined origins. In fisheries with sufficient observer coverage, NMFS extrapolates annual M/SI estimates for bycaught species. For additional information on fishing effort in fisheries found on Table 1 or 2, contact the relevant regional office (contact information included above in Where can I find more information about the LOF and the MMAP? 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. Comments were received from members of the public, Atlantic Offshore Lobstermen's Association (AOLA), Freezer Longline Coalition (FLC), Hawaii Longline Association (HLA), Maine Lobstermen's Association (MLA), Massachusetts Division of Marine Fisheries (MA DMF), Marine Mammal Commission (Commission) and Whale Safe USA. A description of each TRT and copies of each TRP can be found at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams. "NOAA Fisheries Service" and the "National Marine Fisheries Service (NMFS)" are synonymous names for the same agency. They are in place for a two-year period, except as changed through in-season adjustments to management measures. For complete information about, and access to, our official publications Refer to NMFS No. 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. Shelden, R.G. For West Coast groundfish, we employ catch shares and annual catch limits as a tool to rebuild fish stocks and promote healthy fishing communities. 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. The management of West Coast groundfish fisheries relies on ongoing scientific efforts in federal, state, and academic programs. A fourth table, Table 4, lists all commercial fisheries managed under applicable TRPs or take reduction teams (TRT). Regulatory Branch Chief U.S. Army Corps of Engineers . 1202 Seattle, Washington 98134-2388 Since 2006, there has only been one observed leatherback sea turtle caught in groundfish fishing gear. 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. NMFS also reviews other sources of new information, including injury determination reports, bycatch estimation reports, observer data, logbook data, stranding data, disentanglement network data, fishermen self-reports (i.e., MMPA mortality/injury reports), and anecdotal reports from that time period. Register documents. We also provide technical assistance and funding to support. A Rule by the National Oceanic and Atmospheric Administration on 01/14/2021. Fisheries observers on fishing vessels, transmit real time data electronically to NMFS. Salmon bycatch in the groundfish fishery most often occurs with trawl gear. 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. Together, they advance sustainable management of more than 90 groundfish stocks. 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. The Public Inspection page 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. For fisheries with no observer coverage and for observed fisheries with evidence indicating that undocumented interactions may be occurring (e.g., fishery has low observer coverage and stranding network data include evidence of fisheries interactions that cannot be attributed to a specific fishery), NMFS uses the best available data to inform the LOF; thus, data older than 5 years may be used to retain a fishery classification or the list of species and stocks killed/injured incidental to a fishery. For example, the State of Hawaii does not issue fishery-specific licenses, and the number of participants reported in the LOF represents the number of commercial marine license holders who reported using a particular fishing gear type/method at least once in a given year, without considering how many times the gear was used. 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. NMFS adds the Puerto Rico and U.S. Virgin Islands stock of bottlenose dolphin to the list of species/stocks incidentally killed or injured in Category III Caribbean mixed species trap/pot fishery. The Sustainable Fisheries Division is responsible for conservation of fishery resources, eliminating overfishing, rebuilding overfished populations, maintaining healthy commercial and recreational fisheries, creating long-term economic and social benefits to the nation from living marine resources, and ensuring that harvest and hatchery decisions are consistent with the Federal governments Indian trust responsibilities and treaty obligations. Therefore, NMFS is retaining the Category III classification of the Hawaii troll fishery. Below are links to learn about a few of our West Coast species. Additionally, in August 2020, NMFS reopened the Southern Exclusion Zone to Hawaii deep-set longline fishing (85 FR 50959, August 19, 2020). This prototype edition of the in some extreme cases they may reach ages of 100 years or greater. For fisheries with observer coverage, species or stocks are generally removed from the list of marine mammal species and/or stocks incidentally killed or injured if no interactions are documented in the 5-year timeframe summarized in that year's LOF. West Coast Region . Sources of Information Reviewed for the 2021 LOF, Comments on Commercial Fisheries in the Pacific Ocean, Comments on Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean, Summary of Changes From the Proposed Rule, Commercial Fisheries in the Pacific Ocean, List of Species and/or Stocks Incidentally Killed or Injured in the Pacific Ocean, Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean, Fishery Name and Organizational Changes and Clarification, List of Species and/or Stocks Incidentally Killed or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean, https://www.federalregister.gov/d/2021-00570, MODS: Government Publishing Office metadata, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region, https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables, https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program, https://www.fisheries.noaa.gov/permit/high-seas-fishing-permits, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations, https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams, https://www.fisheries.noaa.gov/webdam/download/64690366, CA thresher shark/swordfish drift gillnet (14 in mesh)*. Since 1999, RCO, through the Salmon Recovery Funding Board (SRFB), has distributed more than $1.23 billion in state and federal funds to advance salmon recovery statewide, with more than $649 million directed toward efforts in the Puget Sound. 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. See response to comment #11 above about how cases that would have been serious injuries prior to disentanglement are not counted against PBR in the SAR, but are included in the LOF classification process. 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. Register, and does not replace the official print version or the official NOAA Fisheries and the Pacific Fishery Management Council (Council) oversee the management of West Coast groundfish in U.S. federal waters. Clapham, S.P. The common entangling mechanism of these gear types are the lazy or easy line. Age structure of spawning salmon represents an example of portfolio effects such that the risks of experiencing unfavorable conditions are spread across time. The LOF for 2021 reflects new information on interactions between commercial fisheries and marine mammals. The LOF for 2021 reflects new information on interactions between commercial fisheries and marine mammals. Serious injury and mortality determinations for baleen whale stocks along the Gulf of Mexico, United States East Coast, and Atlantic Canadian Provinces, 2012-2016. documents in the last year, 513 To reduce impacts on seabirds, streamer lines (tori lines, bird scaring lines) or night setting are required for longline vessels with an overall length greater than 26 feet (see streamer line regulations). Authorization certificates may also be obtained by visiting the MMAP website https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate. Harvest specifications include annual catch limits for a species or species complex. Limited Entry Fixed Gear (LEFG) North of 4010' N Lat. Some of the populations of each species are protected under the Endangered Species Act. An additional case from 2011, previously noted in our 2020 Final LOF response to comments (85 FR 21079, April 16, 2020) but not mentioned in MLA's comment, also included recovered gear with these red tracers, though the location of that entanglement remains unknown (E11-11/RW 4040). 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. 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. 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. Bottlenose dolphin, Charleston estuarine system. Although efforts are made to limit the issuance of authorization certificates to only those vessel or gear owners that participate in Category I or II fisheries, not all state and Federal license or permit systems distinguish between fisheries as classified by the LOF. Groundfish inhabit a variety of depths, ranging from intertidal and nearshore to waters as deep as 3,500 meters (1,900 fathoms). ^, Bottlenose Dolphin Take Reduction Plan (BDTRP). NMFS estimated that M/SI would be, at a minimum, approximately 2 percent of PBR, justifying the Category II classifications for both fisheries. California sea lion, U.S. Harbor seal, OR/WA coast. 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). Life history information continues to be evaluated and incorporated into the stock assessments which provide the basis for fishery management decisions. 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. We review federal proposals for land and water development to make sure these activities do not further degrade habitat or harm protected species. These waters support valuable commercial, tribal, and recreational fisheries and are also home to many protected species of marine mammals, turtles, and seabirds. 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. The authorized high seas fisheries are broad in scope and encompass multiple specific fisheries identified by gear type. 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. Starting with the 2005 SARs, each Pacific and Alaska SAR includes an appendix with detailed descriptions of each Category I and II fishery on the LOF, including the observer coverage in those fisheries. Humpback whale, Western North Pacific. 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. Hemphill Dam after rehabilitation. For the best experience, please use a modern browser such as Chrome, Firefox, or Edge. Where does NMFS obtain information on the level of observer coverage in a fishery on the LOF? HLA notes that (a) the False Killer Whale Take Reduction Plan (FKWTRP) closed the deep-set longline fishery for almost the entire range of the MHI insular stock, (b) since this change was made in 2013 there have been no false killer whale interactions in the fishery, and (c) there has never been a deep-set longline fishery interaction in the very small area of the stocks' range where the fishery operates. The classification of a fishery on the LOF determines whether participants in that fishery may be required to comply with certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements. . The Communications and External Affairs Branch creates stories/content, graphics, presentations, brochures, and literature that engage stakeholders, promote understanding of NOAA Fisheries trust resources, convey the science behind our decisions, and advance NOAA Fisheries mission. Is Action Likely to Adversely Affect Species? For the best experience, please use a modern browser such as Chrome, Firefox, or Edge. Response: NMFS appreciates the actions the state of Massachusetts has taken, and continues to take, to help conserve and protect North Atlantic right whales. 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. That final rule was effective January 1, 2023. Observers collect information on what is caught, whether it is landed or discarded at sea, to estimate bycatch. Prior to that she was the Division Manager and Operations & Policy Branch Chief in the California Coastal Office. NMFS adds a superscript 1 to the following four stocks to indicate they are driving the Category II classification of the Northeast trawl fishery: (1) Western North Atlantic stock of Risso's dolphin, (2) Western North Atlantic stock of long-finned pilot whale, (3) Western North Atlantic offshore stock of bottlenose dolphin, and (4) Western North Atlantic stock of gray seal. Fishing the Pacific lifts spirits, feeds families and supports the economies of California, Oregon, Washington, and Idaho. Response: In addition to the M/SI included in the SARs, the LOF references data from injury determination reports, bycatch estimation reports, observer data, logbook data, stranding data, disentanglement network data, fishermen self-reports, and anecdotal reports. NMFS began posting Category III fishery fact sheets online with the LOF for 2016. NOAA-NMFS-PIFSC-47, 29 p. Hayes, S.A., Josephson, E., Maze-Foley, K., Rosel, P.E., 2020. 1387(c)(2)), as described in 50 CFR 229.4, to register with NMFS and obtain a marine mammal authorization to lawfully take non-endangered and non-threatened marine mammals incidental to commercial fishing operations. : WCRO-2021-03107 . 1503 & 1507. 02-204-01. The best available scientific information included in these reports is based on data through 2017. Therefore, the EEZ components of these fisheries pose the same risk to marine mammals as the components operating on the high seas. It transmits that position to a NOAA Fisheries-approved communications service provider. While most groundfish share this characteristic, a wide variety of life history traits can be found. No comments were received on that certification, and no new information has been discovered to change that conclusion. However, there have been a number of entanglements for which interventions occurred because these entanglements were determined to be resulting in serious injuries (Henry et al., 2019). Approved recovery plans are subject to modification as dictated by new findings, changes in species status and the completion of recovery tasks. Below we provide further detail as to why the information presented by the MLA is insufficient for the requested changes. For these fisheries, effort by a single participant is counted the same whether the fisherman used the gear only once or every day. California sea lion, U.S. CA halibut/white seabass and other species set gillnet (>3.5 in mesh). Comment 9: The Commission recommends that NMFS reclassify the Category III Hawaii troll fishery as a Category II fishery. West Coast Groundfish Quick Facts Species Include Arrowtooth Flounder, Canary Rockfish, Dover Sole, Lingcod, Pacific Cod, Pacific Ocean Perch, Pacific Spiny Dogfish, Pacific Whiting, Petrale Sole, Sablefish, Shortspine Thornyhead, Widow Rockfish, Yelloweye Rockfish Region West Coast About MLA recommends NMFS reclassify the Maine state waters lobster fishery as Category III fishery since there are no documented serious injuries or mortalities with this fishery, and NMFS determined that regulating the waters exempt from the Atlantic Large Whale Take Reduction Plan (ALWTRP) would have no significant benefit to large whales. These fishery fact sheets are updated after each final LOF and can be found under How Do I Find Out if a Specific Fishery is in Category I, II, or III? on the NMFS Office of Protected Resources' website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries,, linked to the List of Fisheries Summary table. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Habitat protection and restoration are critical components of species recovery and conservation. NMFS and the U.S. Tidal wetlands in the Nisqually River Basin, where restored habitat fosters growth of juvenile salmon and steelhead on their way to the ocean. These seabirds are protected by the Migratory Bird Treaty Act, and some are listed as endangered or threatened under the Endangered Species Act. NMFS clarifies the fishery description of the Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery. Following consultation with the U.S. 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. The U.S. west coast widow rockfish stock has declined since the mid-1980s, leading to implementation of increasingly stringent management restrictions upon the commercial fishery. We work with partners to protect and restore habitats necessary for species recovery, using an ecosystem-based approach that considers benefits, interactions, and trade-offs for multiple species. Jobs People Learning . Table 4 provides a list of fisheries affected by TRPs and TRTs. The President of the United States manages the operations of the Executive branch of Government through Executive orders. Green sturgeon are vulnerable to capture in the groundfish fishery by bottom trawl and mid-water trawl gear. 367 p. National Marine Fisheries Service. Bottlenose dolphin, Northern GMX coastal. False Killer Whales and Fisheries Interaction in Hawaiian Waters: Evidence for Sex Bias and Variation Among Populations and Social Groups. edition of the Federal Register. This site displays a prototype of a Web 2.0 version of the daily 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. 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. 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. Internet Explorer lacks support for the features of this website. As of 2004, NMFS issues HSFCA permits only for high seas fisheries analyzed in accordance with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). 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. Bottlenose dolphin, Puerto Rico and United States Virgin Islands. legal research should verify their results against an official edition of Bottlenose dolphin, Central GA estuarine system. Mortality/injury reporting forms and instructions for submitting forms to NMFS can be found at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations or by contacting the appropriate regional office (see FOR FURTHER INFORMATION). In the proposed rule, NMFS based the proposed change on reports of hooking spotted dolphins, and information on the prevalence of vessels from these fisheries targeting Pantropical spotted dolphin pods. . We conserve and restore marine resources on the West Coast. Therefore, some vessel or gear owners in Category III fisheries may receive authorization certificates even though they are not required for Category III fisheries. Our work covers a vast geography, including the inland and coastal waters of Washington, Oregon, Idaho, and California. Seabird interactions with the groundfish fishery occur primarily with longline vessels and to a lesser extent with trawl vessels. Federal Register issue. With a few exceptions, groundfish live on or near the bottom of the ocean. U.S. Department. These gear types likely entangle marine mammals, particularly bottlenose dolphins, in very similar ways. 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. Vessel or gear owners participating in previous Category III fisheries reclassified as a Category II fishery in this final 2021 LOF can obtain their MMAP certificate on our website https://go.usa.gov/xArUW. 1:04. 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 removes the Alaska stock of harbor seal from the list of species/stocks incidentally killed or injured in the Category III AK Gulf of Alaska flatfish trawl fishery. Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. 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 management change resulted in a substantial reduction in discarded catch.It led to the full rebuilding of several groundfish species, some of them a decade or more ahead of expectations.