Responses to substantive comments are below; comments on actions not related to the LOF are not included. Both of these injuries are considered serious injuries and the responsible fishery is not known for either case. There is a very low amount of eulachon bycatch in West Coast groundfish fisheries. In one of the commenter's cited cases (E43-12/RW 4193), red tracers were identified in the recovered gear. AK Peninsula/Aleutian Islands salmon drift gillnet, AK Peninsula/Aleutian Islands salmon set gillnet, AK Prince William Sound salmon drift gillnet. Groundfish Stock Assessments and Fishery Evaluations, NMFS will make a decision regarding an Amendment to the Pacific Coast Groundfish Fishery Management, Several types of closed areas, including Rockfish Conservation Areas, or RCAs, and Block Area, Federal Register Notices Establishing the Trawl Catch Share Program Cost Recovery Program and, Stay informed of all the latest regional news around NOAA Fisheries, Sustainable Fisheries, Sustainable Seafood, Rebound in Groundfish Leads to New Flexibility for Fishermen, Protection for Deep-Sea Corals, Devastating Collapse of Groundfish Fishery Forces a More Sustainable Future, NOAA Fisheries Releases Draft National Seafood Strategy, Requests Public Input, NOAA Fisheries Strategic Plan for 20222025. The communications service provider receives the transmission and relays it to NOAA Fisheries. This includes relying on the SARs, which are peer reviewed by the U.S. Atlantic, Gulf of Mexico, and Caribbean Scientific Review Group. These species are key elements of the ecosystem and are critically important for our culture, recreation, and economy. Our scientists conduct cutting-edge biological, economic, and oceanographic research. About the Federal Register U.S. Department. Individual Fishery Management and Evaluation plans for Coastal Pelagic Species, Groundfish, Highly Migratory Species, and Pacific Coast Salmon can be found at the Pacific Fishery Response: The LOF is the annual process NMFS conducts 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. 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. 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 Baird, R.W., S.D. of the issuing agency. Ivashchenko, A.S. Kennedy, J.M. 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. Comment 2: FLC recommends NMFS reclassify the AK Bering Sea, Aleutian Islands (BSAI) Pacific cod longline fishery from a Category II to Category III. Conserving at-risk habitats contributes to ecosystem resilience. 1361 et seq. Electronic monitoring consists of video cameras, an integrated Global Positioning System (GPS), and associated sensors. Wade, J.M. NMFS is proposing a schedule of RFDs for every Tuesday, Friday, and Saturday from July 1, 2023, through November 30, 2023. 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. This PDF is Response: The SARs are drafted according to NMFS' Guidelines for Preparing Stock Assessment Reports Pursuant to the 1994 Amendments to the MMPA (NMFS 2016, 02-204-01). NMFS and the U.S. Category II: Annual mortality and serious injury of a stock in a given fishery is greater than 1 percent and less than 50 percent of the PBR level (i.e., occasional incidental mortality and serious injury of marine mammals). that agencies use to create their documents. Therefore, NMFS reclassifies the AK BSAI Pacific cod longline fishery from a Category II to a Category III fishery in this final rule. The impacts of numerous fisheries have been analyzed in various biological opinions, and this rule will not affect the conclusions of those opinions. 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. We manage protected species along the West Coast from blue whales, the largest animals to ever live, to invertebrates, such as abalone that fit in the palm of your hand. MLA also recommends NMFS reclassify the Maine Federal waters lobster fishery as Category II fishery. The Commission previously noted that the 2016 SAR for the Southeast Alaska stock of harbor porpoise reported a population-size estimate of 975 and an estimated minimum population size (Nmin) of 896, which produced a PBR of 8.9 animals. NMFS removes the Alaska stock of ringed seal from the list of species/stocks incidentally killed or injured in the Category II AK Bering Sea, Aleutian Islands Pacific cod longline fishery. NMFS received nine comment letters on the proposed LOF for 2021 (85 FR 59258; September 21, 2020). Of those, 0.2 were attributed to U.S. fisheries, 1.2 to Canadian fisheries, and the remaining 4.15 were undetermined. They note that the following marine mammal stocks are included on the list of species/stocks incidentally killed or injured in the BSAI Pacific cod longline fishery: Killer whale (Eastern North Pacific AK resident); killer whale (Gulf of Alaska, BSAI transient); Northern fur seal (Eastern Pacific); spotted seal (AK) and Steller sea lion (Western U.S). The classification of a fishery on the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan (TRP) requirements. Angliss, B.A. 03/03/2023, 207 However, due to the large number of Category III fisheries on the LOF and the lack of accessible and detailed information on many of these fisheries, the development of these fishery fact sheets is taking significant time to complete. 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. 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. NMFS removes the Western U.S. stock of Steller sea lion from the list of species/stocks incidentally killed or injured in the Category II AK Gulf of Alaska sablefish longline fishery. Sustainable Fisheries West Coast Highly Migratory Species Fisheries and Gear Highly migratory species include Pacific tunas, swordfish, sharks, and billfish. To determine which species or stocks are included as incidentally killed or injured in a fishery, NMFS annually reviews the information presented in the current SARs and injury determination reports. 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. The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 2021, as required by the Marine Mammal Protection Act (MMPA). and services, go to Bottlenose dolphin, HI Pelagic. rendition of the daily Federal Register on FederalRegister.gov does not For the best experience, please use a modern browser such as Chrome, Firefox, or Edge. Importantly, the state of Maine does not use unique gear configurations from other states and gear configurations within Maine's waters are not uniform or divided across the geographic boundaries (i.e., exemption lines) that MLA has identified. 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. Affected Species and NMFS' Determinations: ESA-Listed Species Status . Pacific white-sided dolphin, North Pacific. Hemphill Dam after rehabilitation. "NOAA Fisheries Service" and the "National Marine Fisheries Service (NMFS)" are synonymous names for the same agency. Boggs, K.A. The tier analysis requires a minimum amount of data, and NMFS does not have sufficient data to perform a tier analysis on certain fisheries. 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. GitHub export from English Wikipedia. Learn more about Protected Resources on the West Coast. 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. Thus, the comparison of the estimated annual M/SI does not provide a meaningful basis for classifying this fishery, given the likely population structure found in the Southeast Alaska (SEAK) harbor porpoise stock, as described in the 2019 SAR. 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. documents in the last year, 36 Maine gear was involved in a second case in 2004, but it was not the primary entangling gear in this case. NMFS updates the estimated number of HSFCA permits for high seas fisheries (Table 3) as follows: The following tables set forth the list of U.S. commercial fisheries according to their classification under section 118 of the MMPA. The COI for the registration of individuals under the MMPA has been approved by the OMB under OMB Control Number 0648-0293 (0.15 hours per report for new registrants). Under the MMPA, we conserve and manage marine mammal populations along the West Coast. This site displays a prototype of a Web 2.0 version of the daily With our partners, we are working on hundreds of projects to protect and restore vital habitat for West Coast fish and wildlife populations. The commenter notes that the primary information used in the 2021 LOF comes from 2019 SARs, which are based on data from 2013-2017. 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 These tools are designed to help you understand the official document 03/03/2023, 43 These markup elements allow the user to see how the document follows the Catch shares allocates each fisherman a share of the allowable catch, as determined by scientific data. Fishery information presented in the SARs' appendices and other resources referenced during the tier analysis may include: Level of observer coverage; target species; levels of fishing effort; spatial and temporal distribution of fishing effort; characteristics of fishing gear and operations; management and regulations; and interactions with marine mammals. Comment 4: FLC requests that NMFS update the LOF fishery fact sheet for the Category II BSAI Pacific cod longline fishery. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally whenever we propose to authorize take for endangered or threatened species. Where does NMFS obtain information on the level of observer coverage in a fishery on the LOF? documents in the last year, 467 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. NMFS adds two stocks to the list of species/stocks incidentally killed or injured in the Category III WA/OR/CA groundfish trawl fishery: (1) California Start Printed Page 3039breeding stock of northern elephant seal and (2) CA/OR/WA stock of northern right whale dolphin. Unfortunately, this also means that they may get hooked or entangled in fishing gear, especially in longline fisheries. NOAA-NMFS-PIFSC-47, 29 p. Hayes, S.A., Josephson, E., Maze-Foley, K., Rosel, P.E., 2020. From the Marshall Islands, silky . This catch data is used along with captain-reported logbooks in place of observer data to debit vessel accounts. We, NMFS, announce a 90-day finding on a petition to list the Oregon Coast (OC) and Southern Oregon and Northern California Coastal (SONCC) Chinook salmon ( Oncorhynchus tshawytscha) Evolutionarily Significant Units (ESUs) as threatened or endangered under the Endangered Species Act (ESA) or, alternatively, list only the spring-run Chinook salmon On March 18, 2022, NMFS West Coast Region received a permit renewal request (Permit 16608-3R) from Reclamation to conduct species enhancement activities for CCV steelhead and the sDPS of North American green sturgeon in the SJRRP Restoration Area. For complete information about, and access to, our official publications Bottlenose dolphin, Southern GA estuarine system. Additionally, unless a rope diameter is explicitly prohibited in an area, rope diameter does not rule out the potential for an entanglement to have occurred in Maine waters, even if it does not represent the majority's normal fishing practices. NMFS estimated that M/SI would be, at a minimum, approximately 2 percent of PBR, justifying the Category II classifications for both fisheries. Response: NMFS appreciates the actions the state of Massachusetts has taken, and continues to take, to help conserve and protect North Atlantic right whales. NOAA Fisheries West Coast Region 1201 NE Lloyd Blvd., Suite 1100 . False killer whale, HI Pelagic. The LOF for 2021 reflects new information on interactions between commercial fisheries and marine mammals. Currently, the state of Maine does not require gear marking in ALWTRP exempted areas. The MMPA (16 U.S.C. We conserve and restore marine resources on the West Coast. In order to land fish species, fishers must be using an authorized gear type. U.S. Mid-Atlantic mixed species stop seine/weir/pound net (except the NC roe mullet stop net), Gulf of Maine, U.S. Mid-Atlantic sea scallop dredge, U.S. Mid-Atlantic/Gulf of Mexico oyster dredge, New England and Mid-Atlantic offshore surf clam/quahog dredge, Southeastern U.S. Atlantic haul/beach seine, Atlantic Ocean, Gulf of Mexico, Caribbean shellfish dive, hand/mechanical collection, Gulf of Maine urchin dive, hand/mechanical collection, Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and Caribbean cast net, Atlantic Ocean, Gulf of Mexico, Caribbean commercial passenger fishing vessel. In the West Coast groundfish fishery, the position data is primarily used to monitor fishing activity relative to closed areas. West Coast Region . to the courts under 44 U.S.C. Therefore, Maine lobster trap/pot fisheries cannot be ruled out as the potential origin for entanglements with undetermined origins.