If NMFS takes a Start Printed Page 22073management action, for example, through the development of a TRP, NMFS would first prepare an Environmental Impact Statement (EIS) or Environmental Assessment (EA), as required under NEPA, specific to that action. Response: There are no Federal permitting requirements for the bottomfish handline fishery in American Samoa. ARS Species that the FWS has been petitioned to list and for which a positive 90-day finding has been issued (listing may be warranted); information The North Atlantic right whale is not included in this list because we do not have information that links this fishery to an entangled right whale from 2011-2015 (Hayes et al., 2018). Comment 7: CBD, HSUS and WDC express concern that neither NMFS nor the California Department of Fish and Wildlife have attempted to monitor or estimate total marine mammal interactions in the California spiny lobster fishery since the fishery was listed as Category II. Webster. stock assessment in the 2018 SAR. Step 2: Effects on the species. Table 1 lists all of the commercial fisheries in the Pacific Ocean (including Alaska); Table 2 lists all of the commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean; and Table 3 lists all U.S. authorized commercial fisheries on the high seas. NMFS adds a superscript “1” to the Southern migratory coastal stock of bottlenose dolphin to indicate it is driving the Category II classification of the Atlantic blue crab trap/pot fishery. In the United States, management actions and environmental policies are geared towards reducing impacts on critical species from fisheries bycatch, oil spills, and habitat and climate change. B. As a result, it would appear that right whales' year-round use of the potentially productive waters in the mid-Atlantic is likely to increase and, as a result, so will their risk of entanglement in gillnets in the area. 161 p. Carretta, J.V., V. Helker, M.M. The most valuable U.S.-farmed marine species were oysters ($186 million), clams ($129 million), and Atlantic salmon ($61 million). Individuals participating in a Category I or II fishery are required to accommodate an observer aboard their vessel(s) upon request from NMFS. 414 p. Carretta, J.V., M.M. 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. Bottlenose dolphin, unknown (Central FL, Northern FL, SC/GA coastal, or Southern migratory coastal); North Atlantic right whale, WNA. This rule is not expected to be an E.O. This CBD was then prorated as 0.3 M/SI because, in the previous five years, there were three interactions between the shallow-set longline fishery and the pelagic false killer whale stock in the EEZ. Comment 20: In response to NMFS' request for information on existing and anticipated gear types used for coastal and offshore aquaculture facilities, CBD, HSUS and WDC provided information on finfish, longline, marine algae and shellfish aquaculture. HI deep-set longline fishery from 143 to 142 vessels/persons, HI shallow-set longline fishery from 22 to 13 vessels/person, American Samoa longline fishery from 18 to 20 vessels/persons. This rule would not affect species listed as threatened or endangered under the ESA or their associated critical habitat. The number of endangered and threatened species that NOAA Fisheries has jurisdiction over, including 66 foreign species. Atlantic Large Whale Take Reduction Plan (ALWTRP)—, Bottlenose Dolphin Take Reduction Plan (BDTRP)—, False Killer Whale Take Reduction Plan (FKWTRP)—, Harbor Porpoise Take Reduction Plan (HPTRP)—, Pelagic Longline Take Reduction Plan (PLTRP)—, Pacific Offshore Cetacean Take Reduction Plan (POCTRP)—, Atlantic Trawl Gear Take Reduction Team (ATGTRT). 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. How do I register and receive my Marine Mammal Authorization Program (MMAP) authorization certificate? In this timeframe, there were an additional 22 entanglements where the entangling gear and location could not be identified. NMFS publishes a notice of availability and solicits public comments on the draft SARs annually. A description of each TRT and copies of each TRP can be Start Printed Page 22055found at: https://www.fisheries.noaa.gov/​national/​marine-mammal-protection/​marine-mammal-take-reduction-plans-and-teams. Carretta, J.V., E. Oleson, K.A. 164. 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). 2017a. Response: NMFS has added the southern sea otter to the list of species and/or stocks incidentally killed or injured in the Category II California spiny lobster fishery as proposed. Humpback whale, Central North Pacific (Southeast AK). Reference throughout this document to trade names does not imply endorsement by the National Marine Fisheries Service. NMFS must reexamine the LOF annually, considering new information in the Marine Mammal Stock Assessment Reports (SARs) and other relevant sources, and publish in the Federal Register any necessary changes to the LOF after notice and opportunity for public comment (16 U.S.C. 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). In the Southeast Region, NMFS will issue vessel or gear owners an authorization certificate via U.S. mail automatically at the beginning of each calendar year. For these fisheries, effort by a single participant is counted the same whether the fisherman used the gear only once or every day. The U.S. Army Corps of Engineers (USACE), in partnership with the Yuba County Water Agency Comment 19: CBD, HSUS and WDC support adding the northern Gulf of Mexico stock of sperm whales to the list of species and/or stocks incidentally killed or injured in the Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery and recommends adding a reference in the LOF to support this change. The best available scientific information used in the SARs and reviewed for the 2019 LOF generally summarizes data from 2011-2015. Therefore, the EEZ components of these fisheries pose the same risk to marine mammals as the components operating on the high seas. As the commenters note, NMFS is in the process of reviewing the stock structure of humpback whales under the MMPA. the current document as it appeared on Public Inspection on Catalog Item ID: 36902 Metadata Record Created By: Patricia L Jones Metadata Record Created: 2017-02-24 13:32+0000 Metadata Record Last Modified By: NMFS uses the classification criteria described in the preamble to classify fisheries as Category I, Category II, or Category III. The criteria are also summarized here. Additional authorization certificates are available for printing on the National MMAP website: https://www.fisheries.noaa.gov/​national/​marine-mammal-protection/​marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate. provides that two separate lists shall be published, one list for endangered species and another list for threatened species. Am I required to register under the MMPA? List of Abbreviations and Symbols Used in Table 2: DE—Delaware; FL—Florida; GA—Georgia; GME/BF—Gulf of Maine/Bay of Fundy; GMX—Gulf of Mexico; MA—Massachusetts; NC—North Carolina; NY—New York; RI—Rhode Island; SC—South Carolina; VA—Virginia; WNA—Western North Atlantic. Harbor seal, OR/WA coast; Northern elephant seal, CA breeding. edition of the Federal Register. DOWNLOAD TOOLS HERE KMZ of NMFS … National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. While every effort has been made to ensure that Both areas also overlap Maine state waters and Federal waters where Maine lobstermen operate. Endangered Marine Species List (National Oceanic Atmosphere Administration (NOAA)National Marine Fisheries Service Website) NOAA Regional Offices. Many of the models are used in peer-reviewed stock assessments in the U.S. and globally. 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. endangered species and threatened species depend may be conserved.” The U.S. should verify the contents of the documents against a final, official Once these permits for unauthorized gear types expire, the permit-holder will be required to obtain a permit for an authorized gear type. Send comments regarding these reporting burden estimates or any other aspect of the COI, including suggestions for reducing burden, to NMFS and OMB (see ADDRESSES and SUPPLEMENTARY INFORMATION). NMFS adds the Western U.S. stock of Steller sea lion to the list of species and/or stocks incidentally killed or injured in the Category II AK Gulf of Alaska sablefish longline fishery. Refer to the Completeness_Report for a list of layer-specific species. For complete information about, and access to, our official publications 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. documents in the last year, 1475 McSweeney, E.M. Oelson, A.L. Tables 1, 2, and 3 also list the marine mammal species and/or stocks incidentally killed or injured (seriously or non-seriously) in each fishery based on SARs, injury determination reports, bycatch estimation reports, observer data, logbook data, stranding data, disentanglement network data, fishermen self-reports (i.e., MMPA reports), and anecdotal reports. The number of stocks on the overfishing list dropped to an all-time low in 2019. MLA states that in 2017, the state of Maine issued 5,900 lobster licenses. For the above reasons, NMFS has decided to retain the MHI Insular false killer whale stock on the list of species and/or stocks killed or injured incidental to the HI deep-set longline fishery. Bottlenose dolphin, Eastern GMX coastal; Bottlenose dolphin, Northern GMX continental shelf. Stocks driving a fishery's classification are denoted with a superscript “1” in Tables 1 and 2. Gulf of Maine Atlantic herring purse seine. Comment 4: CBD, HSUS and WDC recommend elevating the Gulf of Alaska sablefish longline fishery to a Category I fishery, because the mortality and serious injury of the North Pacific stock of sperm whales exceeds the PBR level of 0.5 sperm whales in the draft 2018 SARs. ESA Corals Support {PR number – to be assigned} AAP No. “Injury” is defined in 50 CFR 229.2 as a wound or other physical harm. Bottlenose dolphin, WNA offshore; Humpback whale, Gulf of Maine. Moore, D.W. Weller, A.R. This repetition of headings to form internal navigation links The list of species and/or stocks incidentally killed or injured includes “serious” and “non-serious” documented injuries as described later in the List of Species and/or Stocks Incidentally Killed or Injured in the Pacific Ocean and the Atlantic Ocean, Gulf of Mexico, and Caribbean sections. The MHI Insular false killer whale's range overlaps with areas that are open to deep-set longline fishing and MHI Insular false killer whales have been documented with injuries consistent with fisheries interactions that have not been attributed to a specific fishery (Baird et al., 2014). Tier 2: Tier 2 considers fishery-specific mortality and serious injury for a particular stock. The classifications and definitions of U.S. commercial fisheries for 2019 are identical to those provided in the LOF for 2018. Until the ACFR grants it official status, the XML The Public Inspection page may also 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. It is not an official legal edition of the Federal This prototype edition of the Responses to substantive comments are below; comments on actions not related to the LOF are not included. Southeastern U.S. Atlantic, Gulf of Mexico golden crab trap/pot, Gulf of Maine herring and Atlantic mackerel stop seine/weir. 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. 12/11/2020, 206 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. In order to land fish species, fishers must be using an authorized gear type. rendition of the daily Federal Register on FederalRegister.gov does not Globally, many nesting populations are believed to be at a fraction of historic levels. Mahaffy, A.M. Gorgone, T. Cullins, D.J. In 2018, the Marine Stewardship Council determined that the U.S. Northeastern Longfin Inshore Squid Small Mesh Bottom Trawl Fishery, harvested by small mesh bottom trawls in U.S. waters between the Gulf of Maine and Cape Hatteras, NC, was certified as a sustainable fishery. NMFS wrote that the status review report "will be the most timely and comprehensive resource document for this species" and "will be a useful tool in guiding future management decisions." the official SGML-based PDF version on govinfo.gov, those relying on it for No comments were received on that certification, and no new information has been discovered to change that conclusion. Both whales were reportedly entangled in the array's anchorage system with at least one of the whales dying as a result of the entanglement. CBD, HSUS and WDC commented on the risk of cetacean entanglements in fish pens, longline aquaculture, marine algae culture and shellfish aquaculture fixed gear. Response: This comment has been addressed previously (see 83 FR 5349, February 7, 2018, comment 26). Atlantic mixed species trap/pot fishery from 3,436 to 3,332 vessels/persons. documents in the last year. 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. • Importance/Application: o NMFS scientists develop many applications/tools to run sophisticated analyses in support of NMFS Regional Offices. Bottlenose dolphin, Northern Migratory coastal; Bottlenose dolphin, Southern Migratory coastal; Bottlenose dolphin, WNA offshore; Common dolphin, WNA; Fin whale, WNA; Gray seal, WNA; Harbor porpoise, GME/BF; Harbor seal, WNA; Harp seal, WNA; Hooded seal, WNA; Humpback whale, Gulf of Maine; Long-finned pilot whale, WNA; Minke whale, Canadian east coast; North Atlantic right whale, WNA; Risso's dolphin, WNA; White-sided dolphin, WNA. 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. There are several fisheries in Tables 1, 2, and 3 in which a portion of the fishing vessels cross the exclusive economic zone (EEZ) boundary and therefore operate both within U.S. waters and on the high seas. Bottlenose dolphin, Northern migratory coastal; Bottlenose dolphin, Northern NC estuarine system; Bottlenose dolphin, Southern Migratory coastal. NMFS has integrated the MMPA registration process, implemented through the Marine Mammal Authorization Program (MMAP), with existing state and Federal fishery license, registration, or permit systems for Category I and II fisheries on the LOF. 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. Vessel or gear owners can receive additional authorization certificates by contacting the Southeast Regional Office at 727-209-5952 or by visiting the National MMAP website: https://www.fisheries.noaa.gov/​national/​marine-mammal-protection/​marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate. the endangered species list.4 ... industry to limit the unintentional capture of the species.43 In 2016, NMFS announced that two of the 11 ... protect the green sea turtle over the years and highlights that the ESA is an important tool for the protection of our endangered wildlife.45 Southern Sea Otter In the Greater Atlantic Region, NMFS will issue vessel or gear owners an authorization certificate via U.S. mail automatically at the beginning of each calendar year. Northeast sink gillnet fishery from 4,332 to 3,163 vessels/persons, Northeast/Mid-Atlantic American lobster trap/pot fishery from 10,163 to 8,485 vessels/persons, Mid-Atlantic mid-water trawl (including pair trawl) fishery from 382 to 320 vessels/persons, Mid-Atlantic bottom trawl fishery from 785 to 633 vessels/persons, Northeast mid-water trawl (including pair trawl) fishery from 1,087 to 542 vessels/persons. The classification of fisheries on the LOF is not considered to be a management action that would adversely affect threatened or endangered species. documents in the last year, 43 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). These can be useful List of Terms, Abbreviations, and Symbols Used in Table 3: CA—California; GMX—Gulf of Mexico; HI—Hawaii; OR—Oregon; WA—Washington; WNA—Western North Atlantic. NMFS adds the Western North Pacific stock of humpback whale to the list of species and/or stocks incidentally killed or injured in the Category III AK Kodiak salmon purse seine fishery. Certificates may also be obtained by visiting the Greater Atlantic Regional Office website https://www.greateratlantic.fisheries.noaa.gov/​mmap. 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). Muto, J. Greenman, K. Wilkinson, D. Lawson, J. Viezbicke, and J. Jannot. For these fisheries, NMFS will review the other sources of relevant information to determine when it is appropriate to remove a species or stock. Category I: Annual mortality and serious injury of a stock in a given fishery is greater than or equal to 50 percent of the PBR level (i.e., frequent incidental mortality and serious injury of marine mammals). Bottlenose dolphin, Northern NC estuarine system. Under the Marine Mammal Protection Act, limits to direct human-caused mortality and serious injuries must be estimated. the Federal Register. Bottlenose dolphin, Central FL coastal; Bottlenose dolphin, Northern FL coastal; Bottlenose dolphin, SC/GA coastal; Bottlenose dolphin, Southern migratory coastal. The SARs referenced in this LOF include: 2015 (81 FR 38676; June 14, 2016), 2016 (82 FR 29039; June 27, 2017), and 2017 (83 FR 32093; July 11, 2018). We appreciate the reference to analysis conducted by NMFS regarding the co-occurrence of whales and fixed fishing gear along the U.S. West Coast (Saez et al., 2013). For additional information on fishing effort in fisheries found on Table 1 or 2, contact the relevant regional office (contact information included above in SUPPLEMENTARY INFORMATION). 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). Section 7 Consultation for Responsible Entities Flowchart. The commenters recommend that the final 2019 LOF include the three prorated serious injuries (2.25 serious injuries) that were caused by an unidentified fishery interaction in 2015 and 2016. 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. documents in the last year, by the Homeland Security Department and the Executive Office for Immigration Review NMFS has designated those fisheries listed by analogy in Tables 1 and 2 by a “2” after the fishery's name. The gear marking strategy has been continually updated over the past two decades, with the more recent refinements being added in 2015 to continue helping determine where the highest risk of entanglement occurs. The sponsor uses online mapping to determine if species listed by the NMFS could be present in the Action Area. 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. Additionally, NMFS can use more recent data provided it has been peer reviewed and is publicly available. Brownell Jr. 2017. NMFS adds the AK stock of bearded seal to the list of species and/or stocks incidentally killed or injured in the Category III AK Bering Sea, Aleutian Islands Pacific cod trawl fishery. the NMFS West Coast Region California Species List online tool to obtain an official species list for the project area. Marine Mammal Science 31(2): 579-590. In accordance with the MMPA (16 U.S.C. | Description Source: Research Planning, Inc. Two coral species, elkhorn (Acropora palmata) and staghorn (A. cervicornis), were liste… Project Information Checklist: This tool assists in evaluating whether a project proposal includes all the information necessary to allow critical and thorough project evaluation. 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. Tier 1: Tier 1 considers the cumulative fishery mortality and serious injury for a particular stock. The commenter believes the 2011-2015 data summarized in the SAR and the additional other sources of information are insufficient for identifying the species or stocks incidentally killed or injured in a fishery. Applies in Idaho only.) The MMPA requires NMFS to review the SARs at least annually for strategic stocks and stocks for which significant new information is available and at least once every three years for non-strategic stocks. These fishery fact sheets are updated after each final LOF and can be found under “How Do I Find Out if a Specific Fishery is in Category I, II, or III?” on the NMFS Office of Protected Resources' website: https://www.fisheries.noaa.gov/​national/​marine-mammal-protection/​marine-mammal-protection-act-list-fisheries, linked to the “List of Fisheries Summary” table. 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, financial, 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. Identified as lobster gear unknown ; Steller sea lion, Western Arctic ; Gray whale, Eastern nmfs species list tool! 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