NMFS adds a superscript “1” to the Gulf of Mexico Northern Coastal stock of bottlenose dolphin to indicate it is driving the Category II classification of the Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery. American Samoa bottomfish handline from 17 to 1092 vessels/person. The President of the United States manages the operations of the Executive branch of Government through Executive orders. For example, the State of Hawaii does not issue fishery-specific licenses, and the number of participants reported in the LOF represents the number of commercial marine license holders who reported using a particular fishing gear type/method at least once in a given year, without considering how many times the gear was used. Offshore EFH boundaries are not included in this tool. 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 commenters note that the Pacific Scientific Review Group recommended NMFS convene a take reduction team for fisheries that are known to entangle humpback whales along the West Coast and to evaluate the large number of entanglements to determine if they constitute an unusual mortality event. Killer whale, unknown; Steller sea lion, Eastern U.S.; Steller sea lion, Western U.S. CA nearshore finfish live trap/hook-and-line. With each species it lists as threatened, NMFS addresses Section 4(d), thereby applying or limiting the ESA’s take prohibition to each species on a case-by-case basis. ** 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). Bottlenose dolphin, CA/OR/WA offshore; California sea lion, U.S.; Dall's porpoise, CA/OR/WA; Humpback whale, CA/OR/WA; Long-beaked common dolphin, CA; Minke whale, CA/OR/WA; Northern elephant seal, CA breeding; Northern right-whale dolphin, CA/OR/WA; Pacific white-sided dolphin, CA/OR/WA; Risso's dolphin, CA/OR/WA; Short-beaked common dolphin, CA/OR/WA; Short-finned pilot whale, CA/OR/WA; CA halibut/white seabass and other species set gillnet (>3.5 in mesh). Comment 11: With respect to NMFS' proposal to remove the Main Hawaiian Islands (MHI) Insular stock 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, the HLA supports the proposal while the Commission does not support the proposal. The information contained in the SARs is reviewed by regional Scientific Review Groups (SRGs) representing Alaska, the Pacific (including Hawaii), and the U.S. Atlantic, Gulf of Mexico, and Caribbean. Certificates may also be obtained by visiting the Greater Atlantic Regional Office website https://www.greateratlantic.fisheries.noaa.gov/​mmap. [FR Doc. Comment 2: A commenter notes that NMFS annually reviews the information presented in the current SARs, injury determination reports and other sources of new information to determine which species or stocks are included on the LOF as incidentally killed or injured in a fishery. Participants in these fisheries are automatically registered under the MMAP and are not required to submit registration or renewal materials. DNA reference sequences from animals, plants, fungi, and protists. Rosel, editors. This rule contains existing collection-of-information (COI) requirements subject to the Paperwork Reduction Act and would not impose additional or new COI requirements. Bottlenose dolphin, WNA offshore; Humpback whale, Gulf of Maine. NOAA Technical Memorandum NMFS-NWFSC-104 U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Marine Fisheries Service Design and Parameterization of a Spatially Explicit Ecosystem Model of the Central California Current Peter J. Horne, Issac C. Kaplan, Kristin N. Marshall1, Phillip S. Levin, Christopher J. Harvey, The LOF for 2019 was based on, among other things, stranding data; fishermen self-reports; and SARs, primarily the 2017 SARs, which are based on data from 2011-2015. To provide a link to NOAA NMFS issued permits for protected species summarized by HUC 8 geographic units. Register documents. However, management of commercial and recreational fisheries are outside the scope of the LOF. 2013. Response: Although the 2013 SAR does not include observed interactions with Hawaii pygmy whales and dwarf sperm whales, a Kogia spp. HLA states the 2017 SAR attributes a 0.1 M/SI to the shallow-set longline fishery for the pelagic stock of false killer whales in the U.S. EEZ. 60800 . The list of species and/or stocks incidentally killed or injured in the mid-Atlantic gillnet fishery includes those species the fishery has killed/injured during the last five years. Therefore, NMFS has classified certain 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, 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: In the absence of reliable information indicating the frequency of incidental mortality and serious injury of marine mammals by a commercial fishery, NMFS will determine whether the incidental mortality or serious injury is “frequent,” “occasional,” or “remote” by evaluating 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 (50 CFR 229.2). Updated Canadian stock assessments are currently being calculated and are expected in 2019. Lang, J. Baker, M.M. documents in the last year, by the Environmental Protection Agency Comment 14: HLA restates a previous comment opposing the inclusion of the Hawaii stock of Kogia species (Hawaii) on the list of species and/or stocks incidentally killed or injured in the Hawaii deep-set longline fishery. However, despite the current gear marking requirements, recovering gear entangling whales that possesses gear marks has remained low. This approach is based on consideration of the rate, in numbers of animals per year, of incidental mortalities and serious injuries of marine mammals due to commercial fishing operations relative to the potential biological removal (PBR) level for each marine mammal stock. In this timeframe, there were an additional 22 entanglements where the entangling gear and location could not be identified. The U.S. Army Corps of Engineers (USACE), in partnership with the Yuba County Water Agency on Response: NMFS acknowledges that opportunistic reports of whale entanglements provide only a minimum accounting of entanglements that may be occurring. Insert a summary of the California endangered species consultation with the CDFW with findings. In this Issue, Documents For fisheries with observer coverage, species or stocks are generally removed from the list of marine mammal species and/or stocks incidentally killed or injured if no interactions are documented in the five-year timeframe summarized in that year's LOF. In the West Coast Region, authorization certificates may be obtained from the website http://www.westcoast.fisheries.noaa.gov/​protected_​species/​marine_​mammals/​fisheries_​interactions.html. To check NMFS regional websites for information on NMFS' ESA-listed species and designated critical habitat in your project area: For project areas within California, Idaho, Oregon, and Washington, go to the NMFS West Coast Regional Office webpages and species lists. Ringed seal, AK; Steller sea lion, Western U.S. Harbor seal, AK; Northern elephant seal, North Pacific; Steller sea lion, Western U.S. Harbor seal, AK; Steller sea lion, Western U.S. Dall's porpoise, AK; Fin whale, Northeast Pacific; Northern elephant seal, North Pacific; Steller sea lion, Western U.S. AK state-managed waters of Prince William Sound groundfish trawl. NMFS designates those fisheries in Tables 1, 2, and 3 by a “ * ” after the fishery's name. The criteria are also summarized here. Until the ACFR grants it official status, the XML These can be useful 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). Part 1.1.2.4 of the Pesticide General Permit (PGP): Endangered and threatened species and critical habitat protection under the PGP. We commend the state of Maine for pursuing additional gear marking independent of the Team process. on the Federal Register. NMFS removes the WNA stock of gray seal from the stocks listed as incidentally killed or injured in the Category II Mid-Atlantic mid-water trawl fishery. The Commission notes that although no interactions were definitively attributed to MHI Insular false killer whales during the timeframe for the 2019 LOF, the 2017 SAR for the Hawaii false killer complex indicated that there was a small probability of the fishery interacting with MHI Insular false killer whales in 2011 and 2012. The SARs provide the most current and inclusive information on each stock's PBR level and level of interaction with commercial fishing operations. Bottlenose dolphin, Northern NC estuarine system; Harbor seal, WNA; Humpback whale, Gulf of Maine; White-sided dolphin, WNA. Because the CA Dungeness crab pot fishery is the only known fishery to interact with blue whales, the commenters request that NMFS attribute all of these interactions to the CA Dungeness crab pot fishery for the purposes of the LOF. The Atlantic Large Whale Take Reduction Team (Team) has spent many meetings and years grappling with this problem. HSFCA permits are valid for five years, during which time Fishery Management Plans (FMPs) can change. For the purposes of the LOF, the high seas fisheries are subdivided based on gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) AK Peninsula/Aleutian Islands salmon set gillnet. Gulf of Maine Atlantic herring purse seine. In Tables 1 and 2, there are several fisheries classified as Category II that have no recent documented mortalities or serious injuries of marine mammals, or fisheries that did not result in a mortality or serious injury rate greater than 1 percent of a stock's PBR level based on known interactions. on NARA's archives.gov. The requirement for reporting marine mammal mortalities or injuries has been approved by OMB under OMB control number 0648-0292 (0.15 hours per report). GO . Federal Register issue. The Commission also notes that small numbers of interactions between MHI Insular false killer whales and the deep-set longline fishery may have occurred in the last 12 years (NMFS SARs 2012-2017) and rare events, such as interactions between the deep-set longline fishery and the MHI Insular stock, can go undetected for years, especially when observer coverage is low. The 2019 LOF is based on the 2017 SARs, which report fishery interactions from 2011-2015; this is the best scientific and commercial information available for the time period examined. 415 p. Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. electronic version on GPO’s govinfo.gov. The final 2017 SAR (Carretta et al., 2018) and Human-Related Serious Injury and Mortality Report (Carretta et al., 2018a) for the Eastern North Pacific stock of blue whales do not provide or report on any established methodology for assigning mortality or serious injury or mortality from entanglements with unidentified gear. NMFS removes the superscript “1” from the Gulf of Maine stock of harbor porpoise to indicate this stock is no longer driving the Category I classification of the Northeast sink gillnet fishery. provides that two separate lists shall be published, one list for endangered species and another list for threatened species. On the West Coast and in the watersheds of Washington, Oregon, California, and Idaho, we manage commercial and recreational fisheries for more than 100 species of salmon, groundfish, coastal pelagics such as anchovy and sardine, and highly migratory species such as billfish, sharks, and tunas. NMFS removes the superscript “1” from the Northern migratory coastal stock of bottlenose dolphin to indicate this stock is no longer driving the Category I classification of the Mid-Atlantic gillnet fishery. Background: NMFS/PIRO’s Protected Resources Division (PRD) is dedicated to protecting and recovering endangered and threatened species of sea turtles, monk seals, cetaceans, corals, and documents in the last year, 236 3. The National Marine Fisheries Service (NMFS), informally known as NOAA Fisheries, is the United States federal agency responsible for the stewardship of national marine resources. FWS is primarily responsible for all terrestrial (land-dwelling) and freshwater species when on land and all birds, including seabirds. Bottlenose dolphin, Northern migratory coastal; Bottlenose dolphin, Northern NC estuarine system; Bottlenose dolphin, Southern Migratory coastal. We’ve made big changes to make the eCFR easier to use. If NMFS is able to extract more accurate information on the gear types used by state permit holders in the future, the numbers will be updated to reflect this change. Humpback whale, Gulf of Maine; Minke whale, Canadian east coast; North Atlantic right whale, WNA. While every effort has been made to ensure that Northeast/Mid-Atlantic bottom longline/hook-and-line, Gulf of Maine, U.S. Mid-Atlantic tuna, shark, swordfish hook-and-line/harpoon. California sea lion, U.S.; Long-beaked common dolphin, CA; Short-beaked common dolphin, CA/OR/WA. 12866. In cases where M/SI occurs in an area of overlapping stocks, the M/SI is assigned to both stocks. Within the US there are 1000 federal managed species for which EFH has been designated. During this time-frame, the estimated percent observer coverage (trips) for the mid-Atlantic midwater trawl fishery was 41, 21, 7, 5, and 3%, respectively. 2018. The MMPA (16 U.S.C. TRP regulations are found at 50 CFR 229.30 through 229.37. Stocks driving a fishery's classification are denoted with a superscript “1” in Tables 1 and 2. The Protected Species Toolbox comprises of such analytical products and applications tailored to policies and data uncertainties for protected species that would benefit management of protected and other highly migratory non-target species. NMFS adds the Central North Pacific stock of humpback whale to the list of species and/or stocks incidentally killed or injured in the Category III AK Prince William Sound salmon set gillnet fishery. 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. As previously stated, Table 2 does not serve as a historical reference of takes within a fishery or serve as an inclusive list for potential risk a fishery poses to species. These markup elements allow the user to see how the document follows the 1387(e)) and 50 CFR 229.6, any vessel owner or operator, or gear owner or operator (in the case of non-vessel fisheries), participating in a fishery listed on the LOF must report to NMFS all incidental mortalities and injuries of marine mammals that occur during commercial fishing operations, regardless of the category in which the fishery is placed (I, II, or III) within 48 hours of the end of the fishing trip or, in the case of non-vessel fisheries, fishing activity. If you are using public inspection listings for legal research, you According to the Northeast Fisheries Management Council, these waters are also a high use area for gillnet and pot/trap fisheries. 12/11/2020, 867 Reporting requirements and procedures are found in 50 CFR 229.6. Environmental change and anthropogenic impacts are a serious conservation and management concern for protected and other non-target megafauna species such as sea turtles, marine mammals, sharks, and seabirds. NMFS adds the Eastern North Pacific AK resident stock of killer whale and AK spotted seal to the list of species and/or stocks incidentally killed or injured in the Category II AK Bering Sea, Aleutian Islands Pacific cod longline fishery. Sources of human-related injury and mortality for U.S. Pacific west coast marine mammal stock assessments, 2012-2016. Bearded seal, AK; Ribbon seal, AK; Steller sea lion, Western U.S. AK Bering Sea, Aleutian Islands Pacific cod trawl. The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 2019, as required by the Marine Mammal Protection Act (MMPA). * Fishery has an associated high seas component listed in Table 3. NMFS adds two stocks of bottlenose dolphins to the list species and/or stocks incidentally killed or injured in the Category II Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery, including: (1) Mobile Bay, Bonsecour Bay; and (2) Mississippi River Delta. 161 p. Carretta, J.V., V. Helker, M.M. How do I renew my registration under the MMAP? Box 22668, 709 West 9th Street, Juneau, AK 99802, Attn: Suzie Teerlink; or. State totals include the aggregated confidential data and are correct except for states in the Gulf of Mexico. None documented in most recent five years of data. CBD, HSUS and WDC also note the distribution of right whales has dramatically shifted since 2010, likely in response to changes in climate and prey availability. In addition, NMFS adds a superscript “1” to the stock to indicate it is driving the classification of the fishery. informational resource until the Administrative Committee of the Federal NMFS will annually monitor bycatch of marine mammals in the Mid-Atlantic Mid-water trawl fishery, and will make adjustments to Table 2 should takes occur again in the future. documents in the last year, 32 CA anchovy, mackerel, sardine purse seine. Under “affected fisheries” for the Pacific Offshore Cetacean Take Reduction Plan, NMFS updates the CA thresher shark/swordfish drift gillnet (≥14 in mesh) from Category I to Category II. I.5 USFWS JURISDICTION ESA SPECIES An official USFWS List of Threatened and Endangered Species that may occur in our Project Area was obtained from the Information for Planning and Consultation tool (IPAC) on 11 August 2019 (Consultation Code: – 05E2VA00-2019-SLI-5741) (USFWS 2019a) (See Attachment 2 of this Appendix). For Atlantic fisheries, this information can be found in the LOF Fishery Fact Sheets. Be sure to leave feedback using the 'Feedback' button on the bottom right of each page! Under the Plan gear marking requirements, this red marking represents the Northern Inshore State Waters and Northern Nearshore trap/pot Atlantic Large Whale Take Reduction Plan management areas, which includes areas where Maine lobstermen fish. Learn more here. The best available scientific information used in the SARs and reviewed for the 2019 LOF generally summarizes data from 2011-2015. necessary protective measures, to any threatened species.” 5. on Forney, E. Oleson, D.W. Weller, A.R. Vessel or gear owners who participate in fisheries in these regions and have not received authorization certificates by January 1 or with renewed fishing licenses must contact the appropriate NMFS Regional Office (see FOR FURTHER INFORMATION). Further, the gear from the 2015 entangled whale was consistent with several deep-set fisheries that do not include the CA Dungeness crab pot fishery (Carretta et al., 2018a). Although efforts are made to limit the issuance of authorization certificates to only those vessel or gear owners that participate in Category I or II fisheries, not all state and Federal license or permit systems distinguish between fisheries as classified by the LOF. Additionally, NMFS can use more recent data provided it has been peer reviewed and is publicly available. MLA believes that based on recent data showing a shift in right whale distribution away from the Gulf of Maine, and lack of data on interactions between Maine lobster gear and right whales, NMFS should list the Maine state waters lobster fishery as a Category III fishery, and the Maine Federal waters lobster fishery as a Category II fishery. Atlantic spotted dolphin, GMX continental and oceanic; Bottlenose dolphin, Charleston estuarine system; Bottlenose dolphin, Eastern GMX coastal; Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/pot. 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. Three of these mortalities and serious injuries occurred close to the outer boundary of the Main Hawaiian Islands Longline Fishing Prohibited Area, in close proximity to the outer boundary of the MHI Insular false killer whale stocks' range. This site features analytical products funded through the National Protected Species Toolbox (NPST) initiative, as well as others that were independently developed by NMFS scientists and collaborators. This Action Plan focuses on fish release mortality. Refer to the Completeness_Report for a list of layer-specific species. on Bottlenose dolphin, Central FL coastal; Bottlenose dolphin, Central GA estuarine system; Bottlenose dolphin, Charleston estuarine system; Bottlenose dolphin, GMX bay, sound, estuarine; Bottlenose dolphin, Mississippi Sound, Lake Borgne, Bay Boudreau; Bottlenose dolphin, Northern GMX coastal; Bottlenose dolphin, Northern Migratory coastal; Bottlenose dolphin, Southern Migratory coastal. Future SARs will include updates to the pilot whale assessments as information becomes available. NMFS has designated those fisheries listed by analogy in Tables 1 and 2 by a “2” after the fishery's name. Bowhead whale, Western Arctic; Gray whale, Eastern North Pacific. NMFS also reviews other sources of new information, including injury determination reports, bycatch estimation reports, observer data, logbook data, stranding data, disentanglement network data, fishermen self-reports (i.e., MMPA mortality/injury reports), and anecdotal reports from that time period. For example, 33 percent (8/24) of the right whale entanglement cases documented between 2010 and 2013 were in gear consistent with the gillnet fishery. As of 2004, NMFS issues HSFCA permits only for high seas fisheries analyzed in accordance with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). Therefore, HLA recommends the shallow-set longline fishery should be reclassified as a Category III fishery. Response: In the proposed LOF for 2019, NMFS proposed removing MHI Insular false killer whales from the list of species and/or stocks incidentally killed or injured in the Category I Hawaii deep-set longline fishery, primarily because no mortality or serious injuries from the insular stock had been observed from 2013 through 2017, according to the 2017 SAR. Are high seas fisheries included on the LOF? 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 Start Printed Page 22063the species and distribution of marine mammals in the area). Data obtained from the observer program and observer coverage levels are important tools in estimating the level of marine mammal mortality and serious injury in commercial fishing operations. The species and/or stocks are found, and the fishery remains the same, on both sides of the EEZ boundary. on The SARs are available at: https://www.fisheries.noaa.gov/​national/​marine-mammal-protection/​marine-mammal-stock-assessment-reports-region. Steller sea lion, Eastern U.S.; Steller sea lion, Western U.S. Commonwealth of the Northern Mariana Islands tuna troll, AK Bering Sea, Aleutian Islands Greenland turbot longline, AK Bering Sea, Aleutian Islands sablefish longline, AK Bering Sea, Aleutian Islands halibut longline. The COI for the registration of individuals under the MMPA has been approved by the Office of Management and Budget (OMB) under OMB control number 0648-0293 (0.15 hours per report for new registrants). The list contained in the LOF is not intended to serve as a historical overview of takes as that data is available in individual species SARs as well as Appendix III. documents in the last year. documents in the last year, 308 With increased gear marking in the future, we will be better able to determine if fisheries in specific geographic areas should be reviewed for changes to categorization on the LOF. In contrast, USFWS has adopted a blanket Comment 13: HLA recommends NMFS reclassify the Hawaii shallow-set longline fishery as a Category III fishery. for better understanding how a document is structured but 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. 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Species with barcodes, and protists U.S. CA nearshore finfish live trap/hook-and-line operating within U.S. waters aquaculture and... Listed by the NMFS National observer Program 's website: https: //www.fisheries.noaa.gov/​national/​marine-mammal-protection/​marine-mammal-authorization-program # obtaining-a-marine-mammal-authorization-certificate 2017 ) anglers took 2017... Developing TRPs access to geospatial habitat information of these species currently mapped in the Hemisphere! Exist for these gear types expire, the estimated number of vessels or engaging! Specific fisheries identified by gear type understanding nmfs species list tool a document is structured but not... The Executive branch of Government through Executive orders two of these entanglements could not be verified trips that millions saltwater!, inland WA ; AK Bering sea, Aleutian Islands flatfish trawl the U.S. and globally https... Atlantic White-sided dolphin, CA/OR/WA offshore ; humpback whale, Canadian east ;... Linked in the preamble to classify fisheries by analogy in Tables 1, 2, and C. Fahy and of...