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. The West Coast groundfish recreational fisheries are managed by the coastal states with management coordinated in the Pacific Fishery Management Council process. Limited Entry Trawl North of 4010' N Lat. Bottlenose dolphin, Southern Migratory coastal. They note that the estimated annual harbor porpoise M/SI in the SE Alaska salmon drift gillnet fishery included the 2019 SAR is 12 animals which equals PBR for the stock and exceeds the Category I classification threshold of 50 percent of PBR. Revised stock boundaries for false killer whales (Pseudorca crassidens) in Hawaiian waters. Credit: NOAA. Measures including closed areas, reduced catch limits, and a shift to catch shares management were implemented. 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. Bottlenose dolphin, Southern Migratory coastal. 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. 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).. 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. Information about this document as published in the Federal Register. Discarded catch is accounted for by the West Coast Groundfish Observer Program. We review federal proposals for land and water development to make sure these activities do not further degrade habitat or harm protected species. documents in the last year. Cameron, P.J. 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. State and regional abbreviations used in the following paragraphs include: AK (Alaska), CA (California), HI (Hawaii), OR (Oregon), WA (Washington), and WNA (Western North Atlantic). Section 118 of the MMPA requires NMFS to place all U.S. commercial fisheries into one of three categories based on the level of incidental mortality and serious injury of marine mammals occurring in each fishery (16 U.S.C. 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. ^Only applicable to the portion of the fishery operating in the Atlantic Ocean. 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. Generally, each listed entity has one layer. California sea lion, U.S. Harbor seal, OR/WA coast. This provides directives for consistently assigning M/SI to stocks, including times when the M/SI is documented in an area of overlapping stocks. A method to assign cause to these unknown, as well as undetected mortalities, while addressing country entanglement of origin, is currently under development (Hayes et al., 2020). Therefore, the 9/16 inch float rope that was recovered from E01-09/RW 3311, again, does not explicitly rule out Maine lobster fisheries. Our Science Centers conduct cutting-edge biological, economic, and oceanographic research, as well as observations and monitoring of living marine resources and their environments. However, the probability of encountering either stock is not 100 percent, but proportional to the relative population of the stocks throughout the range. MMPA, 16 U.S.C. NOAA Fisheries Office of Law Enforcement, West Coast Division; NOAA General Counsel, Northwest Section; and NOAA General Counsel, Southwest Section December 2021 1 "NOAA" is the National Oceanic and Atmospheric Administration. 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. The Commission also notes that the case for reclassifying the troll fisheries as Category II fisheries has strengthened since serious injuries due to hooking or entanglement in fishing line have been documented, and reliable estimates of rates of troll vessels fishing in and through spotted dolphin groups have been published (Baird and Webster, 2020). Together, they advance sustainable management of more than 90 groundfish stocks. 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. 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. Groundfish populations on the West Coast have rebounded from lows experienced in the 1990s. Most of the observed encounters have occurred in the Limited Entry groundfish bottom trawl sector. In the Greater Atlantic and Southeast Regions, NMFS will issue vessel or gear owners an authorization certificate via U.S. mail automatically at the beginning of each calendar year. Otherwise, these fisheries are subject to the next tier (Tier 2) of analysis to determine their classification. 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. 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). Owners of vessels or gear engaging in a Category I or II fishery are required under the MMPA (16 U.S.C. 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. The common entangling mechanism of these gear types are the lazy or easy line. Our region includes the eastern Pacific Ocean off the West Coast, as well as the freshwater rivers of Washington, Oregon, and Idaho. Steelhead are native to cold-water tributaries of the Pacific basin in Northeast Asia and North America.Like other sea-run (anadromous) trout and salmon, steelhead spawn in . 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. After publication of the final rule, NMFS noted the need for corrections to Information regarding the LOF and the MMAP, including registration procedures and forms; current and past LOFs; descriptions of each Category I and II fishery and some Category III fisheries; observer requirements; and marine mammal mortality/injury reporting forms and submittal procedures; may be obtained at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries,, or from any NMFS Regional Office at the addresses listed below: NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930-2298, Attn: Allison Rosner; NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 33701, Attn: Jessica Powell; NMFS, West Coast Region, Long Beach Office, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213, Attn: Dan Lawson; NMFS, Alaska Region, Protected Resources, P.O. They are in place for a two-year period, except as changed through in-season adjustments to management measures. AK roe herring and food/bait herring beach seine, AK roe herring and food/bait herring purse seine, AK salmon purse seine (Prince William Sound, Chignik, Alaska Peninsula). The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 2021, as required by the Marine Mammal Protection Act (MMPA). regulatory information on FederalRegister.gov with the objective of Irma Lagomarsino Senior Policy Advisor at NOAA Fisheries West Coast Region 4d Report this post Report Report. Diagram of streamer lines. Back . For the best experience, please use a modern browser such as Chrome, Firefox, or Edge. The SARs are based on the best scientific information available at the time of preparation, including the level of mortality and serious injury of marine mammals that occurs incidental to commercial fishery operations and the PBR levels of marine mammal stocks. 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. Photo by Jeff Bash/NOAA Fisheries. Theseare used to record fishing activity at sea. In addition, of the four pantropical spotted dolphin stocks, only the Hawaii pelagic stock has a minimum population estimate and resulting PBR. NOAA Fisheries works with fishermen, industry, non-governmental organizations, scientists, and academia. Where can I find specific information on fisheries listed on the LOF? NMFS continues to pursue options for additional observer coverage to collect more recent and more geographically comprehensive data on mortality in Alaska's state fisheries, and we will prioritize observation of the Southeast Alaska drift gillnet fishery. Responses to substantive comments are below; comments on actions not related to the LOF are not included. Authority: That final rule was effective January 1, 2023. Green sturgeon are vulnerable to capture in the groundfish fishery by bottom trawl and mid-water trawl gear. NMFS adds the Mobile Bay, Bonsecour Bay stock of bottlenose dolphin to the list of species/stocks incidentally killed or injured in the Category II Gulf of Mexico gillnet fishery. Document Drafting Handbook Response: This comment has been addressed previously (see 85 FR 21079, April 16, 2020). In addition, the spotted dolphin stock considered in 2011, was later split into four stocks (three insular and one pelagic) in the 2013 SAR, and each of the insular stocks is likely to have a smaller PBR than the estimates used in 2012 proposed LOF. In 2020, through Amendment 28, over 10,000 square miles of sensitive ocean floor habitats where closed to bottom trawling. 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. Category III: Annual mortality and serious injury of a stock in a given fishery is less than or equal to 1 percent of the PBR level (i.e., a remote likelihood of or no known incidental mortality and serious injury of marine mammals). One killer whale (Gulf of Alaska, BSAI transient stock) M/SI was driving the Category II classification of the BSAI Pacific cod longline fishery. Harvest specifications include annual catch limits for a species or species complex. NMFS is proposing that the nearshore fishery be open every Monday, Tuesday, and Wednesday beginning Monday May 8 until the nearshore allocation is taken, or on September 30, whichever is earlier. Therefore, the high seas components of these fisheries pose the same risk to marine mammals as the components of these fisheries operating in U.S. waters. the material on FederalRegister.gov is accurately displayed, consistent with Those cases where we could identify lobster gear from right whale entanglements during the past 10 years were determined to result in non-serious injuries. Harbor seal, GOA. Are high seas fisheries included on the LOF? NMFS updates the MMAP certificate process for calendar year 2021. How does NMFS determine in which category a fishery is placed? 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. The number of HSFCA permits listed in Table 3 for the high seas components of these fisheries operating in U.S. waters does not necessarily represent additional effort that is not accounted for in Tables 1 and 2. documents in the last year, by the National Oceanic and Atmospheric Administration Most species are coastwide stocks. The Magnuson-Stevens Act, along with other federal laws, guides NOAA Fisheries and the Council's development of policy. NMFS works in partnership with industry, universities, and state, local, and tribal agencies to collect data about commercial species. Fisheries Research. rendition of the daily Federal Register on FederalRegister.gov does not NMFS clarifies that the fishery does not target bluefin tuna, shortfin mako sharks and other shark species.