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. Fritz, R.C. 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. 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. 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. 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. Comment 2: FLC recommends NMFS reclassify the AK Bering Sea, Aleutian Islands (BSAI) Pacific cod longline fishery from a Category II to Category III. The Northwest Fisheries Science Center produces an annual report on salmon bycatch. 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. 2022. This rule would not affect species listed as threatened or endangered under the ESA or their associated critical habitat. 2020 certificates may be retained or replacements downloaded from https://go.usa.gov/xArUW. 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 main types of fishing gear include trawls (which can be in the middle of the water column or near the bottom), longlines, fish pots, and other variations of similar gear. AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet, AK Prince William Sound salmon set gillnet, AK roe herring and food/bait herring gillnet, WA Grays Harbor salmon drift gillnet (excluding treaty Tribal fishing), WA/OR Mainstem Columbia River eulachon gillnet, WA/OR lower Columbia River (includes tributaries) drift gillnet. 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). in some extreme cases they may reach ages of 100 years or greater. Today, the U.S. Department of Commerce, through its National Oceanic and Atmospheric Administration (NOAA), has awarded grants of up to $30 million, over a five-year period, to two Historically Black Colleges and Universities: Florida A&M University and the University of Maryland Eastern Shore. The Magnuson-Stevens Act, along with other federal laws, guides NOAA Fisheries and the Council's development of policy. When expanded it provides a list of search options that will switch the search inputs to match the current selection. Sharks and skates: The six species are leopard shark, soupfin shark, spiny dogfish, big skate, California skate, and longnose skate. Many vessels/participants 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. NMFS and the U.S. Open for Comment, Russian Harmful Foreign Activities Sanctions, Economic Sanctions & Foreign Assets Control, Fisheries of the Northeastern United States, National Oceanic and Atmospheric Administration, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. 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. 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. 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. documents in the last year, 20 One killer whale (Gulf of Alaska, BSAI transient stock) M/SI was driving the Category II classification of the BSAI Pacific cod longline fishery. Western Pacific Pelagic (HI Deep-set component)*^. Salmon bycatch in the groundfish fishery most often occurs with trawl gear. 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. Therefore, NMFS has classified certain fisheries by analogy to other fisheries that use similar fishing techniques or gear that are known to cause mortality or serious injury of marine mammals, or according to factors discussed in the final LOF for 1996 (60 FR 67063; December 28, 1995) and listed in the regulatory definition of a Category II fishery. 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. This consists of a NOAA Fisheries type-approved VMS transmitter that automatically determines a vessel's position. The low numbers, patchy distribution, and preference for rocky habitats of the widow rockfish make this stock difficult to monitor using standard bottom trawl survey . Regulatory Branch Chief U.S. Army Corps of Engineers . and E.G. You can also see a list of all species managed on the West Coast. Vessels are monitored using a vessel monitoring system (VMS). offers a preview of documents scheduled to appear in the next day's HSFCA permits are valid for 5 years, during which time Fishery Management Plans (FMPs) can change. In addition to the SARs, NMFS also reviews other sources of new information for the LOF, including injury determination reports, bycatch estimation reports, and observer data. Atlantic highly migratory species longline fishery from 53 to 45 HSFCA permits; Western Pacific pelagic longline (HI deep-set component) fishery from 145 to 143 HSFCA permits; South Pacific tuna purse seine fishery from 33 to 26 HSFCA permits; South Pacific tuna longline fishery from 2 to 3 HSFCA permits; Western Pacific pelagic longline (HI shallow-set component) fishery from 18 to 11 HSFCA permits; Atlantic highly migratory species handline/pole and line fishery from 2 to 1 HSFCA permits; Pacific highly migratory species handline/pole and line fishery from 41 to 43 HSFCA permits; South Pacific albacore troll handline/pole and line fishery from 11 to 10 HSFCA permits; South Pacific albacore troll fishery from 17 to 18 HSFCA permits; Western Pacific pelagic troll fishery from 5 to 4 HSFCA permits; Northwest Atlantic bottom longline fishery from 3 to 2 HSFCA permits; Pacific highly migratory species longline fishery from 108 to 105 HSFCA permits; and. NMFS also determined Comment 3: FLC recommends NMFS re-evaluate how a single marine mammal M/SI is assigned to multiple stocks when stock ranges overlap. Bottlenose dolphin, Northern Migratory coastal. Accordingly, no regulatory flexibility analysis is required, and none has been prepared. Response: This comment has been addressed previously (see 85 FR 21079, April 16, 2020). 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. Some of the populations of each species are protected under the Endangered Species Act. In the West Coast groundfish fishery, the position data is primarily used to monitor fishing activity relative to closed areas. This catch data is used along with captain-reported logbooks in place of observer data to debit vessel accounts. NMFS also removes both the Eastern North Pacific AK resident stock and Gulf of Alaska, BSAI transient stock of killer whales from the list of species and/or stocks incidentally killed or injured in the BSAI Pacific cod longline fishery. PDF | We delineated and scored Biologically Important Areas (BIAs) in the Arctic region. It is the responsibility of fishery participants to comply with applicable take reduction regulations. NMFS West Coast Region's 2018 Guidance on Assessing the Effects of Existing Structures in ESA Section 7 Consultations In 2018, the NMFS West Coast Region (WCR) issued internal guidance (2018 Guidance) on ESA Section 7 consultations for work on existing structures. Several shark species have been identified as future priority species . Therefore, it cannot be ruled out that the entanglement may have occurred off the coast of Maine in non-exempt waters. As stated in the 2020 Final LOF (85 FR 21079, April 16, 2020), fisheries are classified based on the gear types used, how the gear is fished, and the behavior of the fishery related to the risk to marine mammals. Bottlenose dolphin, Northern GMX continental shelf. Blainville's beaked whale, HI. 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. Owners of vessels or gear engaging in a Category I or II fishery are required under the MMPA (16 U.S.C. This rule would have no adverse impacts on marine mammals and may have a positive impact on marine mammals by improving knowledge of marine mammals and the fisheries interacting with marine mammals through information collected from observer programs, stranding and sighting data, or take reduction teams. 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. Observer requirements are found in 50 CFR 229.7. 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. Western Pacific Pelagic (HI Shallow-set component)*^. Bottlenose dolphin, Northern GA/Southern SC estuarine. 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. 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. Most of the observed encounters have occurred in the Limited Entry groundfish bottom trawl sector. 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. American Samoa bottomfish handline fishery from fewer than 30 to fewer than 20 vessels/persons. The species and/or stocks are found, and the fishery remains the same, on both sides of the EEZ boundary. HI deep-set longline fishery from 145 to 143 vessels/persons; HI shallow-set longline fishery from 18 to 11 vessels/persons; American Samoa longline fishery from 15 to 13 vessels/persons; and. Literature citations should read as . McSweeney, E.M. Oelson, A.L. 24 pp. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally whenever we propose to authorize take for endangered or threatened species. 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. Additionally, in August 2020, NMFS reopened the Southern Exclusion Zone to Hawaii deep-set longline fishing (85 FR 50959, August 19, 2020). AOLA requests NMFS incorporate more timely data and recent information into the 2021 LOF. However, the evidence presented is not sufficient to draw these conclusions. In addition, MLA alleges, there has been only one right whale entangled in Maine lobster gear in April 2002, and the entanglement was determined to be a non-serious injury. there is a paucity of data on species-specific PRS rates in the WCPO region. documents in the last year, 513 Open Access (OA) Gears North of 4010' N Lat. 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. Is Action Likely to Adversely Affect Species? The MMPA established this SRG, along with two others, to review the science that informs the SARs, and to advise NMFS on marine mammal population status, trends, and stock structure, uncertainties in the science, research needs, and other issues. Comment 4: FLC requests that NMFS update the LOF fishery fact sheet for the Category II BSAI Pacific cod longline fishery. RI, southern MA (to Monomoy Island), and NY Bight (Raritan and Lower NY Bays) inshore gillnet. 1387(c)(1)). NOAA Fisheries West Coast Region Eulachon Listing and Resources AboutEulachon Eulachon (pronouncedyoula . We review federal proposals for land and water development to make sure these activities do not further degrade habitat or harm protected species. 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). 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. 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. NMFS adds two stocks to the list of species/stocks incidentally killed or injured in the Category III CA squid purse seine fishery: (1) CA/OR/WA stock of Risso's dolphin and (2) U.S. stock of California sea lion. 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 clarifies part of the response to Comment #14 to state: We recognize there has been only one confirmed mortality (in 2012) in the past decade in U.S. Northern inshore/nearshore trap/pot gear which could be gear from the Northeast/Mid-Atlantic American lobster trap/pot fishery or the Atlantic mixed species trap/pot fishery. Current Maine state lobster management does not represent unique gear characteristics (e.g., the use of weak rope exclusively or exclusion of vertical lines). The impacts of numerous fisheries have been analyzed in various biological opinions, and this rule will not affect the conclusions of those opinions. NMFS reviewed the marine mammal incidental mortality and serious injury information presented in the SARs for all fisheries to determine whether changes in fishery classification are warranted. Because there were no data to indicate specific stock or reliable data that could be used to partition the 2012 killer whale M/SI, the M/SI was assigned to both stocks as prescribed by NMFS' Guidelines for Preparing Stock Assessment Reports Pursuant to the 1994 Amendments to the MMPA. 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. 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. documents in the last year, 11 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). 03/03/2023, 43 These species are key elements of the ecosystem and are critically important for our culture, recreation, and economy. The mentioned study, (Baird and Webster, 2020) presented findings on the magnitude and nature of associations between fishing vessels and pantropical spotted dolphin stocks. 1361 et seq. the material on FederalRegister.gov is accurately displayed, consistent with However, in reviewing available data, there are no documented mortalities or injuries of pantropical spotted dolphins in similar fisheries. Northeast mid-water trawl (including pair trawl), Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl. NMFS adds the U.S. stock of California sea lion to the list of species/stocks incidentally killed or injured in the Category III WA/OR/CA shrimp trawl fishery. As noted previously in this LOF, the number of HSFCA permits listed in Table 3 for the high seas components of fisheries that also operate within U.S. waters does not necessarily represent additional effort that is not accounted for in Tables 1 and 2. From left: Kourtney Burger and Cory Hom-Weaver in the technology tank at Southwest Fisheries Science Center testing surface buoys for the ADRIFT project. documents in the last year, by the Executive Office of the President From floodplains to estuaries, nearshore habitats to kelp forests, urban waterways to rural streams, NOAA Fisheries is responsible for the stewardship of our nations living marine resources and their habitats. Comment 12: AOLA expresses concern that data used in the LOF do not represent the current conditions of the Category I Northeast/mid-Atlantic American lobster trap/pot fishery nor marine mammal stocks. When these estimations become available, NMFS will solicit public comment through the SAR publication process. 1999. Dam Removal Puts California Salmon in Hot Pursuit of Cold Water. This checklist is intended to clarify and streamline coordination for Endangered Species Act (ESA) Section 7 and Magnuson-Stevens Fishery Conservation and Management Act (MSA) Essential Fish Habitat (EFH) consultations between NOAA's National Marine Fisheries Service (NMFS or NOAA Fisheries) and the California Department of Transportation There are two primary species of salmon that are caught as bycatch in the Pacific Groundfish fishery, Chinook and coho salmon. We provide a general overview of the fisheries and gear used to catch highly migratory species along the U.S. West Coast. In some cases, more recent information may be available and used in the LOF. The LOF includes three tables that list all U.S. commercial fisheries by Category. Results of the study indicated that there is a high frequency of associations between troll and rod and reel fishing, and pantropical spotted dolphins, and in particular with the Hawaii Island stock. This repetition of headings to form internal navigation links 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. Learn more about Protected Resources on the West Coast. Tables 1 and 2 serve to provide a description of the fishery's potential effort (state and Federal). We also conduct research throughout the Pacific Ocean and in the Southern Ocean around Antarctica. They experience more pronounced boom and bust population dynamics. Variable Description Derivation Model(s) Biophysical variables: Area of reef within proximity: Area of coral reef habitat within 20 or 200 km: UFRTM: Impact; biomass Pacific white-sided dolphin, North Pacific. This rule makes minor corrections and clarifications to the final rule for the 2023-2024 harvest specifications and management measures for the Pacific Coast groundfish fishery which published on December 16. These gear types likely entangle marine mammals, particularly bottlenose dolphins, in very similar ways. The West Coast Regions Area OfficesCalifornia Coastal, California Central Valley, Interior Columbia Basin, and Oregon and Washington Coastalcarry out integrated watershed-based approaches by focusing on the conservation of anadromous fish, their habitats, and the ecosystems on which they depend. Response: NMFS agrees that the best available scientific information is important for assessing the risk fisheries pose to marine mammal stocks. Register (ACFR) issues a regulation granting it official legal status. Bottlenose dolphin, Mobile Bay, Bonsecour Bay. 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. Bottlenose dolphin, unknown (Southern migratory coastal or Southern NC estuarine system). Covering 317,690 square miles of the eastern Pacific Ocean, and more than 7,000 miles of tidal coastline, as well as the ecological functions within the states vast rivers and estuaries, we build sustainable fisheries, recover endangered and threatened species, maintain healthy ecosystems, and protect human health.
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