Bryan Schenone, Director of the Siskiyou County Office of Emergency Services (OES) stated in a 2022 interview with Jefferson Public Radio that "he was not notified in February or November [2022] when freight trains derailed at the Cantara Loop.". Each document posted on the site includes a link to the A fishery is typically classified on the LOF at its highest level of classification (e.g., a fishery qualifying for Category III for one marine mammal stock and for Category II for another marine mammal stock will be listed under Category II). This includes developing and implementing salmon, steelhead, and green sturgeon recovery plans, with a particular focus on habitat, and working with hatcheries along the coast. documents in the last year, by the National Oceanic and Atmospheric Administration This prototype edition of the Response: As stated above in response to Comments #11 and 15, NMFS retains the Category I classification of the Northeast/Mid-Atlantic American lobster trap/pot fishery. Based on the information and analysis contained here and in the referenced documents, NMFS has determined the following: (1) the required mitigation measures will effect the least practicable impact on marine mammal species or stocks and their habitat; (2) the authorized takes will have a negligible impact on the affected marine mammal species . Additional species are currently under review or have been proposed for Endangered Species Act listing: 2 petitioned species awaiting a 90-day finding, 15 candidate species for ESA listing, 1 proposed species for ESA listing. (Photo courtesy of Woody Venard), Expanding Electronic Reporting Across the Pacific Ocean, Gray Whale Numbers Continue Decline; NOAA Fisheries Will Continue Monitoring, A gray whale mother calf pair migrating along the central California coast from the wintering grounds in Mexico to the summer feeding grounds in Alaska. In addition, of the four pantropical spotted dolphin stocks, only the Hawaii pelagic stock has a minimum population estimate and resulting PBR. PDF | We delineated and scored Biologically Important Areas (BIAs) in the Arctic region. This includes relying on the SARs, which are peer reviewed by the U.S. Atlantic, Gulf of Mexico, and Caribbean Scientific Review Group. NOAA Fisheries and the Council carefully manage salmon bycatch through bycatch guidelines (limits on salmon bycatch by fishing sector). We assimilated more than 4500 unique estimates of published juvenile densities (e.g., fish/m2) in estuarine and floodplain habitats. Only official editions of the Both the Northwest and Southwest Regional prioritizations began with a list of all 136 stocks managed by the PFMC under four Fishery Management Plans (FMPs): Coastal Pelagic Species (8 stocks) Pacific Coast Groundfish (50 stocks2) Pacific Coast Salmon (66 stocks3) U.S. West Coast Fisheries for Highly Migratory Species (12 stocks4) Salmon bycatch in the groundfish fishery most often occurs with trawl gear. The LOF for 2021 was based on, among other things, stranding data; fishermen self-reports; and SARs, primarily the 2019 SARs, which are based on data from 2013-2017. Comment 3: FLC recommends NMFS re-evaluate how a single marine mammal M/SI is assigned to multiple stocks when stock ranges overlap. 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. and E. Lyman. NMFS has designated those fisheries listed by analogy in Tables 1 and 2 by adding a 2 after the fishery's name. Reporting requirements and procedures are found in 50 CFR 229.6. In this Issue, Documents Bottlenose dolphin, Sarasota Bay, Little Sarasota Bay. NMFS began posting Category III fishery fact sheets online with the LOF for 2016. 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). 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. 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. Therefore, the EEZ components of these fisheries pose the same risk to marine mammals as the components operating on the high seas. We provide a general overview of the fisheries and gear used to catch highly migratory species along the U.S. West Coast. AOLA understands that with limited observer coverage and data gaps there is a level of subjectivity into the LOF classification process; however, the process should be equal among fisheries. Document Drafting Handbook Bottlenose dolphin, CA/OR/WA offshore. Bottlenose dolphin, Biscayne Bay estuarine. NMFS will continue to annually evaluate marine mammal interactions and risk posed by a variety of gear types and fisheries through the LOF process. The President of the United States manages the operations of the Executive branch of Government through Executive orders. NMFS removes the Western North Atlantic offshore stock of bottlenose dolphin from the list of species/stocks incidentally killed or injured in the Category III Gulf of Maine, U.S. mid-Start Printed Page 3040Atlantic tuna, shark, swordfish hook-and line/harpoon fishery. ESUs/DPSs of west coast anadromous salmonids was published in the Federal Register on February 6, 2015 (80 FR 6695). 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 Roundfish: The six species are lingcod, cabezon, kelp greenling, Pacific cod, Pacific whiting (hake), and sablefish. 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. Longer-lived species tend to produce fewer offspring that grow to adulthood, but have other life history traits for coping with environmental variability. Fisheries observers on fishing vessels, transmit real time data electronically to NMFS. Age structure of spawning salmon represents an example of portfolio effects such that the risks of experiencing unfavorable conditions are spread across time. 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. We work with numerous partners and our NOAA Fisheries counterpartsthe Northwest, Pacific Islands and Alaska Fisheries Science Centers and the West Coast Regional Officeto provide sound science for domestic and international management decisions. Caribbean haul/beach seine fishery from 15 to 38 vessels/person. Response: MMPA section 118 requires individuals participating in a Category I or II fishery to accommodate an observer aboard their vessel(s) upon request from NMFS. We use science to improve peoples lives, save species, and protect ecosystems. 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. We work to recover and conserve threatened and endangered marine and anadromous species, as well as manage and conserve marine mammals. 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 addition, MMPA section 118(d)(7) provides NMFS, with the consent by the vessel owner, the ability to place an observer on board a vessel participating in Category III fisheries (50 CFR 229.7(d)). They note that the state of Massachusetts has a number of actions currently in place, as well as a number of additional actions that will be in place for the 2021 fishing season, that distinguish the Massachusetts state lobster trap/pot fishery as unique from the rest of the Category I Northeast/mid-Atlantic American lobster trap/pot fishery. List of Abbreviations and Symbols Used in Table 2: DEDelaware; FLFlorida; GAGeorgia; GME/BFGulf of Maine/Bay of Fundy; GMXGulf of Mexico; MAMassachusetts; NCNorth Carolina; NYNew York; RIRhode Island; SCSouth Carolina; VAVirginia; WNAWestern North Atlantic; *Fishery has an associated high seas component listed in Table 3. In fisheries with sufficient observer coverage, NMFS extrapolates annual M/SI estimates for bycaught species. 03/03/2023, 266 CA yellowtail, barracuda, and white seabass drift gillnet (mesh size 3.5 in and <14 in). The injury was determined to be non-serious. Select stocks to include in the report: informational resource until the Administrative Committee of the Federal More information and documentation can be found in our Allocations, Specifications of OFL, ABC, ACL, ACT and Fishery Harvest Guidelines, Pacific Fisheries Information Network (PacFIN), Subscribe to the West Coast groundfish email list, Pacific Coast Groundfish Fishery Management Plan, Letter of concurrence on reinitiated consultation on continued operation of the groundfish fishery under the Pacific Coast Groundfish Fishery Management Plan and the effects of the fishery on Southern Resident killer whales (December 7, 2022), Biological Opinion on the Effects of the Continuing Operation of the Pacific Coast Groundfish Fishery on Humpback Whales (Reinitiation 2020), Adoption of Conference Opinion on Humpback Whale Critical Habitat for the Continued Operation of the Pacific Coast Groundfish Fishery (2021), Biological Opinion on the Effects of the Continuing Operation of the Pacific Coast Groundfish Fishery on Eulachon (Reinitiation 2018), Biological Opinion on the Effects the Groundfish Fishery Management Plan on Listed Salmon (2017), Biological Opinion on the Effects of the Ongoing Operation of the Groundfish Fisheries on California Least Tern, Southern Sea Otter, Bull trout, Marbled Murrelet, and Short-tailed Albatross (2017), Biological Opinion on the Effects of the Continuing Operation of the Pacific Coast Groundfish Fishery on Green Sturgeon, Leatherback Sea Turtles, and Other Listed Species (2012), Groundfish Endangered Species Act Workgroup Report (2021), Fishing Effort in the 2002-2019U.S. Pacific Coast Groundfish Fisheries, Observed and Estimated Bycatch of Eulachon in 2002-2019 US West Coast Groundfish Fisheries, Observed and Estimated Bycatch of Green Sturgeon in 2002-2019 US West Coast Groundfish Fisheries, Estimated Humpback Whale Bycatch in the U.S. West Coast Groundfish Fisheries, 2002-2019, Leatherback Sea Turtle Bycatch in U.S. West Coast Groundfish Fisheries 2002-2019, Estimated Short-tailed Albatross Bycatch in U.S. West Coast Groundfish Fisheries 2002-2019, Webinar: Salmon Impacts in the Pacific Groundfish Fishery (2015), West Coast Groundfish Essential Fish Habitat, Fisheries Resource Analysis and Monitoring Division, Habitat and Groundfish Ecology Research in the California Current, Pacific Coast Fisheries Information Network, Recreational Fisheries Information Network. The commenter notes that the primary information used in the 2021 LOF comes from 2019 SARs, which are based on data from 2013-2017. The West Coast Groundfish Observer Program produces an annual groundfish mortality and bycatch report. documents in the last year, 86 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. Groundfish refers to more than 90 different types of roundfish, flatfish, rockfish, sharks, and skates off the West Coast. Bottlenose dolphin, HI Pelagic. NMFS looks forward to seeing what measures the state of Massachusetts will finalize and implement for the state lobster trap/pot fishery in the future. Therefore, NMFS reclassifies the AK BSAI Pacific cod longline fishery from a Category II to a Category III fishery in this final rule. Bradford, J. Barlow, D.L. 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. "no effect" on several other species. that agencies use to create their documents. 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. Our research encompasses the waters of the California Current and adjacent inland watersheds, bays and estuaries of California. 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. The best available information on the level of observer coverage and the spatial and temporal distribution of observed marine mammal interactions is presented in the SARs. The commenter cites four cases of unknown entanglements they believe explicitly rule out Maine lobster fisheries from the origin of entanglement. Electronic monitoring consists of video cameras, an integrated Global Positioning System (GPS), and associated sensors. For questions related to West Coast groundfish regulations, contact the West Coast Regions Groundfish Branch at (206) 526-6140. Am I required to submit reports when I kill or injure a marine mammal during the course of commercial fishing operations? Sharks and skates: The six species are leopard shark, soupfin shark, spiny dogfish, big skate, California skate, and longnose skate. 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 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 SRGs were established by the MMPA 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. We recognize that this peer review process takes additional time to ensure that the best available are used to inform the LOF. NOAA Fisheries and the Pacific Fishery Management Council (Council) oversee the management of West Coast groundfish in U.S. federal waters. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. Harbor seal, WNA. California sea lion, U.S. CA halibut/white seabass and other species set gillnet (>3.5 in mesh). 24 pp. For West Coast groundfish, we employ catch shares and annual catch limits as a tool to rebuild fish stocks and promote healthy fishing communities. 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 01/13/2021 at 8:45 am. 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. March 18, 2022. Re: Endangered Species Act Section 7(a)(2) Biological Opinion and Magnuson-Stevens Members of this partnership celebrate this approach and the results. 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 seal had injuries consistent from dog bites, and was transported to SR3 for rehabilitation. The assessment of large whale M/SI in fisheries with limited observer coverage remains a considerable challenge compared to other gear types that interact with pinniped or small cetaceans. The following summarizes changes to the LOF for 2021, including the classification of fisheries, fisheries listed, the estimated number of vessels/persons in a particular fishery, and the species and/or stocks that are incidentally killed or injured in a particular fishery. *, Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot. 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. No comments were received on that certification, and no new information has been discovered to change that conclusion. 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. better and aid in comparing the online edition to the print edition. 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 . At this time, we consider it appropriate to retain North Atlantic right whales as a species listed as driving the classification of the Northeast/mid-Atlantic lobster trap/pot fishery given that PBR is 0.8 and the further detail provided below, which reiterates responses provided in the 2020 Final LOF (85 FR 21079, April 16, 2020). Our work covers a vast geography, including the inland and coastal waters of Washington, Oregon, Idaho, and California. The ultimate goal of these efforts is to ensure that the regions living marine resources remain at healthy and sustainable levels, as functioning parts of their ecosystems, and continue to enhance the quality of life for the public. Under the MMPA, we conserve and manage marine mammal populations along the West Coast. In Tables 1 and 2, the estimated number of vessels or persons participating in fisheries operating within U.S. waters is expressed in terms of the number of active participants in the fishery, when possible. These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the COI. Recovery and conservation of ESA-listed fish species, like salmon, also support our sustainable fisheries goal by providing the long-term foundation for commercial, recreational, and tribal fisheries. Credit: NOAA/Liana Heberer. to the courts under 44 U.S.C. We also provide technical assistance and funding to support. Of those, 0.2 were attributed to U.S. fisheries, 1.2 to Canadian fisheries, and the remaining 4.15 were undetermined. NMFS acknowledges that, in some cases, these estimates may be inflations of actual effort. There are two primary species of salmon that are caught as bycatch in the Pacific Groundfish fishery, Chinook and coho salmon. Because HSFCA permits are valid for 5 years, permits obtained in past years exist in the HSFCA permit database for gear types that are now unauthorized. MLA recommends NMFS classify Maine's state and Federal water's lobster fisheries as unique fisheries, separate from the Category I Northeast/mid-Atlantic American lobster trap/pot fishery. on A complete explanation of the variability is available in the Environmental Impact Statement to Reduce the Incidental Bycatch and Mortality of Sea Turtles in the Southeastern U.S. Shrimp Fisheries (November 4, 2019). The groundfish fishery may affect leatherback sea turtles by entanglement in fishing gear.