A Rule by the National Oceanic and Atmospheric Administration on 01/14/2021. Fish and Wildlife Service, NMFS adds the Antillean subspecies (Puerto Rico stock) of West Indian manatee to the list of species/stocks incidentally killed or injured in Category III Caribbean haul/beach seine fishery. Title: September 2014 Eulachon Newsletter 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. NMFS works in partnership with industry, universities, and state, local, and tribal agencies to collect data about commercial species. NOAA Fisheries and the Pacific Fishery Management Counciloversee the management of West Coast groundfish in U.S. federal waters. Dr. Scott Rumsey is the Acting Regional Administrator for NOAA Fisheries West Coast Region. The effective date of this final rule is February 16, 2021. Therefore, NMFS is retaining the Category III classification of the Hawaii troll fishery. West Coast groundfish include more than 90 species of bottom-dwelling marine finfish, including all species of rockfishes, sole, sablefish, thornyheads, and lingcod. 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. In recognition of logistical challenges with certificate issuance related to the ongoing COVID-19 pandemic, the MMAP certificate issued in 2020 remains 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 number of permits listed in Table 3 represents only the number of permits for the high seas component of the fishery; **These gear types are not authorized under the Pacific HMS FMP (2004), the Atlantic HMS FMP (2006), or without a South Pacific Tuna Treaty license (in the case of the South Pacific Tuna fisheries). However, not all eulachon avoid the groundfish fishery's trawl nets and thus some are observed as bycatch. Bottlenose dolphin, Mississippi River Delta. Limited Entry Trawl South of 4010' N Lat. are not part of the published document itself. However, the probability of encountering either stock is not 100 percent, but proportional to the relative population of the stocks throughout the range. 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. NMFS has classified these fisheries by analogy to other Category I or II fisheries that use similar fishing techniques or gear that are known to cause mortality or serious injury of marine mammals, as discussed in the final LOF for 1996 (60 FR 67063; December 28, 1995), and according to factors listed in the definition of a Category II fishery in 50 CFR 229.2 (i.e., fishing techniques, gear types, 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). They represent the official positions of NMFS and the FWS only after they have been approved by the Assistant Administrator for Fisheries or the Regional Director. To Krill or Not to Krill? Angliss, B.A. 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. to provide more detail on composition of effort within these fisheries. Tidal wetlands in the Nisqually River Basin, where restored habitat fosters growth of juvenile salmon and steelhead on their way to the ocean. 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. This includes relying on the SARs, which are peer reviewed by the U.S. Atlantic, Gulf of Mexico, and Caribbean Scientific Review Group. 1999. 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. 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. Members of this partnership celebrate this approach and the results. Is Action AOLA further states that the 2014 ALWTRP regulations as well as the American lobster fishery management plan regulations, reduced vertical lines and enhanced gear marking in the fishery. *Only applicable to the portion of the fishery operating in U.S. waters; and. Today, most of the 90 plus stocks managed under the West Coast groundfish fisheries are not overfished and are not experiencing overfishing. West Coast Region 1201 NE Lloyd Blvd., Suite 1100 PORTLAND, OREGON 97232-1274 . Over the last year, NMFS has made substantial progress in analyzing genetic data to resolve stock structure of harbor porpoise in Southeast Alaska. NMFS uses the best available scientific information to prepare the annual LOF. This catch data is used along with captain-reported logbooks in place of observer data to debit vessel accounts. 1387 (c)(1)(C)). The HI shallow-set longline fishery has 100 percent observer coverage and therefore, the Central North Pacific stock of humpback whale stock should be removed the list of species and/or stocks incidentally killed or injured in the Category II HI shallow-set longline fishery. recoveryplans for all listed species. Harvest specifications include annual catch limits for a species or species complex. Some of the populations of each species are protected under the Endangered Species Act. 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). documents in the last year, 86 Bottlenose dolphin, unknown (Central FL, Northern FL, SC/GA coastal, or Southern migratory coastal). Reporting requirements and procedures are found in 50 CFR 229.6. Credit: NOAA Aquaculture Program, NOAA Announces 5-Year Strategic Plan for Aquaculture, Essential Fish Habitat - Groundfish and Salmon, Trawl Rationalization Program Cost Recovery Annual Report: Fee Calculation for 2022 and Fishing Year 2021 Payments, Trawl Rationalization Program Cost Recovery Annual Report: Fee Calculation for 2021 and Fishing Year 2020 Payments, Changes to Pacific Coast Groundfish Essential Fish Habitat Conservation Areas and Boundaries of the Trawl Gear Rockfish Conservation Area, Amendment 28 Final Environmental Impact Statement, Trawl Rationalization Program Cost Recovery Annual Report: Fee Calculation for 2019 and Fishing Year 2018 Payments, Depth-Based Boundary Lines on the West Coast, Federal Register Notices for the Trawl Catch Share Program Cost Recovery Program, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, Report a Stranded or Injured Marine Animal, Climate, Ecosystems & Fisheries Initiative, West Coast Groundfish Commercial Fisheries, West Coast Groundfish Recreational Fisheries, NEPA Documents Available for Public Review, Federal Register Rules and Notices - Open for Comment, Catch and Sample Data (Recreational Fisheries Information Network (RecFIN)), Subscribe to the Recreational Fisheries email list. If NMFS takes a management action, for example, through the development of a TRP, NMFS would first prepare an Environmental Impact Statement or Environmental Assessment, as required under NEPA, specific to that action. NMFS adds the Cook Inlet stock of harbor seal to the list of species/stocks incidentally killed or injured in the Category III AK Gulf of Alaska halibut longline fishery. West Coast 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. Based on these mitigation efforts, MA DMF recommends NMFS reclassify the Massachusetts state waters lobster trap/pot fishery as its own non-Category I fishery. Bradford, J. Barlow, D.L. 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. documents in the last year, by the Energy Department ^The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the list of marine mammal species and/or stocks killed or injured in U.S. waters component of the fishery, minus species and/or stocks that have geographic ranges exclusively in coastal waters, because the marine mammal species and/or stocks are also found on the high seas and the fishery remains the same on both sides of the EEZ boundary. 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. As noted in the 2016 SAR (Muto et al., 2017), the 2012 killer whale M/SI in the BSAI Pacific cod longline fishery was assigned to both the resident and transient stocks of killer whale, given no genetic samples were collected and the overlap in the range of the two stocks in Alaska waters. 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. *, Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot. documents in the last year, 853 NOAA Technical Memorandum. Caribbean haul/beach seine fishery from 15 to 38 vessels/person. Stocks driving a fishery's classification are denoted with a superscript 1 in Tables 1 and 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. The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 2021, as required by the Marine Mammal Protection Act (MMPA). Response: NMFS uses the classification criteria described in the preamble to classify fisheries as Category I, Category II, or Category III. This variability is due to multiple permitting agencies, differences in fishery management, and artifacts with available data sets. MA DMF states that they are the only state lobster trap/trap fishery implementing the following actions either currently or in the future: (1) Lobster trap/pot fishery closure from February 1st to April 30th (currently in place for the Massachusetts Bay Restricted Area, proposed closure of all state waters beginning February 1, 2021); (2) dynamic extension of the lobster trap/pot fishery closure to ensure Start Printed Page 3038safe passage of right whales from our waters prior to fixed gear being set (currently in place for the Massachusetts Bay Restricted Area, proposed for all state waters beginning February 1, 2021); (3) ban use of vertical buoy lines greater than 3/8 inch diameter (proposed to begin February 1, 2021); (4) ban fishing single traps by the majority of its active fleet (proposed to begin January 1, 2022); (5) universal requirement of 1,700 pound breaking strength line or equivalent contrivance (proposed to begin February 1, 2021); (6) permitting and regulatory scheme designed to reduce participation and effort over time (currently in place); and (7) demonstrated substantial decline in the number of participants and the number of buoy lines deployed (currently in place). Ivashchenko, A.S. Kennedy, J.M. For these fisheries, NMFS will review the other sources of information listed above and use its discretion to decide when it is appropriate to remove a species or stock. Steelhead, or occasionally steelhead trout, is the common name of the anadromous form of the coastal rainbow trout (Oncorhynchus m. irideus) or Columbia River redband trout (O. m. gairdneri, also called redband steelhead). National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. Bottlenose dolphin, Charleston estuarine system. Currently, the state of Maine does not require gear marking in ALWTRP exempted areas. 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). 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. The groundfish fishery may affect leatherback sea turtles by entanglement in fishing gear. These tribes, all located in Washington State, include the Quinault Indian Nation, the Hoh Tribe, the Quileute Nation, and the Makah Tribe. Prior to that she was the Division Manager and Operations & Policy Branch Chief in the California Coastal Office. offers a preview of documents scheduled to appear in the next day's The LOF fishery fact sheet for the BSAI Pacific cod longline fishery Start Printed Page 3033has an incorrect description for the observer coverage in both the catcher processor and catcher vessel longline sectors. 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). 03/03/2023, 266 . 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 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. biennium). 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. Am I required to comply with any marine mammal TRP regulations? A single, high-flow channel at Finn Rock Reach. It was viewed 41 times while on Public Inspection. 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. Bottlenose dolphin, Northern GMX oceanic. Four Massachusetts lobstermen have filed a class action suit against the Monterey Bay Aquarium and Marine Stewardship Council, groups that urged distributors and grocery stores to avoid purchasing lobster because of the fishery's impact on North Atlantic right whales. Rockfish: Numerous species, including widow, yellowtail, canary, and vermilion rockfish; bocaccio, chilipepper, cowcod, yelloweye, thornyheads, and Pacific ocean perch. These markup elements allow the user to see how the document follows the NMFS addressed FWS' concern by deciding that when an ESU contained both steelhead and rainbow trout, NMFS would list only the steelhead population within that ESU as threatened or endangered. 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. and E. Lyman. The Commission states that the clearer case can be made for reclassifying the Category II SE Alaska salmon drift gillnet fishery as a Category I fishery. 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. | Find, read and cite all the research . Northeast/Mid-Atlantic bottom longline/hook-and-line, Gulf of Maine, U.S. Mid-Atlantic tuna, shark, swordfish hook-and-line/harpoon, Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean snapper-grouper and other reef fish bottom longline/hook-and-line, Southeastern U.S. Atlantic, Gulf of Mexico shark bottom longline/hook-and-line. headings within the legal text of Federal Register documents. False Killer Whales and Fisheries Interaction in Hawaiian Waters: Evidence for Sex Bias and Variation Among Populations and Social Groups. Its expertise includes online information and design, intergovernmental relations, education, tribal relations, media relations, and social media. Refer to NMFS No. the material on FederalRegister.gov is accurately displayed, consistent with However, large whale fishery interaction assessments are dependent on direct counts of entangled whales, not the fishery per se. It transmits that position to a NOAA Fisheries-approved communications service provider. Additionally, EPSB provides guidance to NOAA Fisheries staff and leadership to strategize actions for watersheds and resource management. 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). documents in the last year, 663 Only the Southern DPS is listed under the Endangered Species Act. 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. Comment 14: AOLA expresses concern over the perceived lack of parity when assessing the impacts of fisheries on marine mammals. Bottlenose dolphin, Puerto Rico and United States Virgin Islands. In Tables 1 and 2, NMFS has designated those species/stocks driving a fishery's classification (i.e., the fishery is classified based on mortalities and serious injuries of a marine mammal stock that are greater than or equal to 50 percent (Category I), or greater than 1 percent and less than 50 percent (Category II), of a stock's PBR) by a 1 after the stock's name. 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. Northern elephant seal, California breeding. Humpback whale, Central North Pacific (Southeast AK). 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. U.S. Department. Comment 13: AOLA expresses concern with how NMFS assigns M/SI when the origin of entanglement is unknown. The West Coast groundfish recreational fisheries are primarily made up of anglers on charter fishing vessels targeting groundfish species with hook and line fishing gear. The best available scientific information included in these reports is based on data through 2017. Commercial and recreational fishing for groundfish contribute jobs and millions of dollars to the economy, but groundfish are in decline. Together, they find approaches and strategies for reducing bycatch and protecting habitat. The SARs are available at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. The Northwest Fisheries Science Center, with its headquarters in Seattle, Washington and five research stations in Washington and Oregon is home to more than 350 people with a wide range of expertise. This observed count of entanglements is not representative of total fishery-related M/SI that goes undetected or unattributed to a particular cause, and therefore represents the minimum M/SI. Our Vision NMFS also makes changes to the estimated number of vessels/persons and list of species and/or stocks killed or injured in certain fisheries. NMFS reclassifies the AK BSAI Pacific cod longline fishery from at Category II to Category III fishery. 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. Fishermen from Washington, Oregon, and California catch them year-round using a variety of gear types. 2014. 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. Federal Register. Table 1 lists all of the commercial fisheries in the Pacific Ocean (including Alaska); Table 2 lists all of the commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean; and Table 3 lists all U.S. authorized commercial fisheries on the high seas. Response: This comment has been addressed previously (see 84 FR 22051, May 16, 2019; 85 FR 21079, April 16, 2020). Mid-Atlantic gillnet fishery from 3,950 to 4,020 vessels/person; Northeast sink gillnet fishery from 3,163 to 4,072 vessels/persons; Chesapeake Bay inshore gillnet fishery from 248 to 265 vessels/persons; Northeast bottom trawl fishery from 2,238 to 968 vessels/persons; Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery from 4,950 to 10,824 vessels/persons; Atlantic mixed species trap/pot fishery from 3,332 to 3,493 vessels/persons; Mid-Atlantic menhaden purse seine fishery from 19 to 17 vessels/persons; Virginia pound net fishery from 26 to 20 vessels/persons; Caribbean gillnet fishery from >991 to 127 vessels/persons; Caribbean mixed species trap/pot fishery from >501 to 154 vessels/persons; Caribbean spiny lobster trap/pot fishery from >197 to 40 vessels/persons; and. Our scientists conduct biological, ecological and oceanographic research, observations, and monitoring of the regions living marine resources and their environments. Bradford A.L. Therefore, it cannot be ruled out that the entanglement may have occurred off the coast of Maine in non-exempt waters. For questions related to West Coast groundfish permits and licenses or the associated forms, please contact the NOAA Fisheries Permit Office at (206) 526-4353. Atlantic spotted dolphin, Northern Gulf of Mexico. NMFS removes three stocks from the list of species/stocks incidentally killed or injured in the Category II AK Bering Sea, Aleutian Islands pollock trawl fishery: (1) Alaska stock of ringed seal, (2) Central North Pacific stock of humpback whale and (3) Western North Pacific stock of humpback whale. Approved recovery plans are subject to modification as dictated by new findings, changes in species status and the completion of recovery tasks.