[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Notices]
[Pages 26751-26756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10913]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC645
Taking of Threatened or Endangered Marine Mammals Incidental to
Commercial Fishing Operations; Issuance of Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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SUMMARY: NMFS plans to issue a permit for a period of three years to
authorize the incidental, but not intentional, taking of three stocks
of marine mammals listed as threatened or endangered under the
Endangered Species Act (ESA) by the California (CA) thresher shark/
swordfish drift gillnet (DGN) fishery (>=14 inch mesh) and the
Washington/Oregon/California (WA/OR/CA) sablefish pot fishery. In
accordance with the Marine Mammal Protection Act (MMPA), NMFS has made
a preliminary determination that incidental taking from commercial
fishing will have a negligible impact on the endangered fin whale, CA/
OR/WA stock; humpback whale, CA/OR/WA stock; and sperm whale, CA/OR/WA
stock. Recovery plans have been completed for these endangered species.
This authorization is based on a determination that this incidental
take will have a negligible impact on the affected marine mammal
stocks. NMFS must issue this permit provided that we can make the
determinations that: the incidental take will have a negligible impact
on the affected marine mammal stocks; a recovery plan for all affected
stocks of threatened or endangered marine mammals has been developed or
is being developed; and as required by the MMPA, a take reduction plan
and monitoring program have been implemented and vessels in the CA
thresher shark/swordfish DGN fishery (>=14 inch mesh) and WA/OR/CA
sablefish pot fishery are registered. NMFS solicits public comments on
the draft negligible impact determination and on the proposal to issue
a permit to these fisheries for the taking of affected threatened or
endangered stocks of marine mammals.
DATES: Comments must be received by June 7, 2013.
ADDRESSES: A draft of the negligible impact determination is available
on the Internet at the following addresses: http://swr.nmfs.noaa.gov/.
Recovery plans for these species are available on the Internet at the
following address: http://www.nmfs.noaa.gov/pr/recovery/plans.htm#mammals.
You may submit comments, identified by NOAA-NMFS-2013-0073, by any
of the following methods:
Electronic Submissions: Submit all electronic public comments via
the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0073, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Send comments or requests for copies of reports to: Chris
Yates, Assistant Regional Administrator, Protected Resources Division,
Southwest Region, NMFS, 501 W Ocean Blvd., Suite 4200, Long Beach, CA
90802 Comments may also be faxed to (562) 980-4027.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter N/A in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Monica DeAngelis, NMFS Southwest
[[Page 26752]]
Region, (562) 980-3232, or Shannon Bettridge, NMFS Office of Protected
Resources, (301) 427-8402.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(E) of the Marine Mammal Protection Act (MMPA), 16
U.S.C. 1361 et seq., states that NOAA's National Marine Fisheries
Service (NMFS), as delegated by the Secretary of Commerce, shall for a
period of up to three years allow the incidental taking of marine
mammal species listed under the Endangered Species Act (ESA), 16 U.S.C.
1531 et seq., by persons using vessels of the United States and those
vessels which have valid fishing permits issued by the Secretary in
accordance with section 204(b) of the Magnuson-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1824(b), while engaging in
commercial fishing operations, if NMFS makes certain determinations.
NMFS must first determine, after notice and opportunity for public
comment, that: (1) Incidental mortality and serious injury will have a
negligible impact on the affected species or stock; (2) a recovery plan
has been developed or is being developed for such species or stock
under the ESA; and (3) where required under section 118 of the MMPA, a
monitoring program has been established, vessels engaged in such
fisheries are registered in accordance with section 118 of the MMPA,
and a take reduction plan has been developed or is being developed for
such species or stock.
NMFS is considering the issuance of a permit under MMPA section
101(a)(5)(E) to vessels registered in the CA thresher shark/swordfish
DGN fishery (>=14 inch mesh) and the WA/OR/CA sablefish pot fishery
(both Federal Category II fisheries) to incidentally take three stocks
of threatened or endangered marine mammals: the CA/OR/WA stock of fin
whales (Balaenoptera physalus), the CA/OR/WA stock of humpback whales
(Megaptera novaeangliae), and the CA/OR/WA stock of sperm whales
(Physeter macrocephalus). A history of MMPA section 101(a)(5)(E)
permits related to these stocks was included in previous notices for
other permits to take threatened or endangered marine mammals
incidental to commercial fishing (e.g. 72 FR 60814; October 26, 2007).
The data for considering these authorizations were reviewed coincident
with the preparation of the 2012 MMPA List of Fisheries (LOF or List)
(76 FR 73912; November 29, 2011), the 2011 marine mammal stock
assessment reports (SARs) (Carretta et al. 2012; Allen and Angliss
2011), the Fishery Management Plan (FMP) for U.S. West Coast Fisheries
for Highly Migratory Species (HMS), recovery plans for these species
(available on the Internet at the following address: http://www.nmfs.noaa.gov/pr/recovery/plans.htm#mammals), and other relevant
sources.
Based on observer data and marine mammal reporting forms, the
California thresher shark/swordfish drift gillnet fishery (>=14 in
mesh) and the Washington/Oregon/California sablefish pot fishery are
the Category II fisheries that operate in the ranges of affected
stocks, namely the CA/OR/WA stocks of fin, sperm whales, and humpback
whales, and are currently considered for authorization. A detailed
description of these fisheries can be found below. All other Category
II fisheries that interact with the marine mammal stocks observed off
the coasts of Washington, Oregon, and California are State-managed and
are not considered for authorization under this permit. NMFS calculated
the total human-related serious injury and mortality to make a
negligible impact determination for this proposed authorization and
included all human sources, such as commercial fisheries and ship
strikes. There are no fisheries classified as Category I fisheries that
interact with the marine mammal stocks observed off the coasts of
Washington, Oregon, or California. Participants in Category III
fisheries are not required to obtain incidental take permits under MMPA
section 101(a)(5)(E), but are required to report injuries or mortality
of marine mammals incidental to their operations.
Basis for Determining Negligible Impact
Prior to issuing a permit to take ESA-listed marine mammals
incidental to commercial fishing, NMFS must determine if mortality and
serious injury incidental to commercial fisheries will have a
negligible impact on the affected species or stocks of marine mammals.
NMFS satisfied this requirement through completion of a draft
negligible impact determination (NID). NMFS clarifies that incidental
mortality and serious injury include only direct mortality and serious
injury, such as from entanglement or hooking in fishing gear. Indirect
effects, such as the effects of removing prey from habitat, are not
included in this analysis. A biological opinion prepared under ESA
section 7 considers direct and indirect effects of Federal actions and,
thus, contains a broader scope of analysis than is required by MMPA
section 101(a)(5)(E).
Section 101(a)(5)(E) of the MMPA requires the authorization of the
incidental taking of individuals from marine mammal stocks listed as
threatened or endangered under the ESA in the course of commercial
fishing operations if NMFS determines, among other things, that
incidental mortality and serious injury will have a negligible impact
on the affected species or stock. Although the MMPA does not define
``negligible impact,'' NMFS has issued regulations providing a
qualitative definition of ``negligible impact,'' as defined in 50 CFR
216.103 and, through scientific analysis, peer review, and public
notice, developed a quantitative approach and as it applies here is,
``an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.'' The development of the approach and process
was outlined in detail in the current draft NID made available through
this notice and was included in previous notices for other permits to
take threatened or endangered marine mammals incidental to commercial
fishing (e.g. 72 FR 60814; October 26, 2007; for the CA/OR/WA stock of
fin, humpback, and sperm whales).
Criteria for Determining Negligible Impact
In 1999 NMFS adopted criteria for making negligible impact
determinations for MMPA 101(a)(5)(E) permits (64 FR 28800; May 27,
1999). In applying the 1999 criteria to determine whether mortality and
serious injury incidental to commercial fisheries will have a
negligible impact on a listed marine mammal stock, Criterion 1 (total
human-related serious injury and mortality are less than 0.1 potential
biological removal level (PBR)) is the starting point for analysis. If
this criterion is satisfied (i.e., total human-related serious injuries
and mortality are less than 0.1 PBR), the analysis would be concluded,
and the impact would be determined to be negligible. The remaining
criteria describe alternatives under certain conditions, such as
fishery mortality below the negligible threshold but other human-caused
mortality above the threshold or fishery and other human-caused
mortality between the negligible threshold and PBR for a stock that is
increasing or stable. If Criterion 1 is not satisfied, NMFS may use one
of the other criteria as appropriate. Criterion 2 is satisfied if the
total human-related serious injury and mortality are greater than PBR,
and fisheries-related mortality is less than
[[Page 26753]]
0.1 PBR. If Criterion 2 is satisfied, individual fisheries may be
permitted if management measures are being taken to address non-
fisheries-related serious injuries and mortality. Criterion 3 is
satisfied if total fisheries-related serious injury and mortality are
greater than 0.1 PBR and less than PBR and the population is stable or
increasing, fisheries may be permitted subject to individual review and
certainty of data. Criterion 4 stipulates that if the population
abundance of a stock is declining, the threshold level of 0.1 PBR will
continue to be used. Criterion 5 states that if total fisheries-related
serious injuries and mortalities are greater than PBR, permits may not
be issued.
We used two time frames for this analysis. The first time frame for
the data used in this analysis is from 1998 (the first full year post-
Take Reduction Plan implementation (October 30, 1997)), through
December 31, 2011. This 14-year time frame was chosen initially because
after the Pacific Offshore Cetacean Take Reduction Plan (POCTRP) was
implemented, regulations required skippers to use at least 36'
extenders and pingers in the CA thresher shark/swordfish DGN fishery
(>=14 inch mesh), which is considered to have reduced the incidental
take of many marine mammal species, particularly cetaceans (Carretta
and Barlow 2011). This time frame also provided a comprehensive look at
all of the fisheries, including the WA/OR/CA sablefish pot fishery,
given changes in oceanographic conditions, fishing practices, and
reporting and stranding records. The 2001 time/area closure of the CA
thresher shark/swordfish DGN fishery (>=14 inch mesh) off central and
northern California/southern Oregon is also encompassed in this time
frame. The second time frame for the data used in this analysis
includes the most recent five-year period (January 1, 2007 through
December 31, 2011). A five-year time frame provides enough data to
adequately capture year-to-year variations in take levels, while
reflecting current environmental and fishing conditions as they may
change over time. Additionally, because the permit issued under MMPA
section 101(a)(5)(E) is for a three-year period, the most up-to-date
data available for complete years is used (i.e., 2007-2011).
A conservative, or precautionary, approach is taken in these
analyses for evaluating the negligible impact of fisheries and other
sources of injury or mortality, such as ship strikes, on these stocks,
so in certain cases, the maximum number was used for the calculations.
For example, if a ship strike occurred, but serious injury or mortality
was not observed on scene or confirmed by necropsy of the stranded
animal, and if further review of reports and other sources then
confirmed serious injury/mortality, it was assumed for purposes of this
analysis, that serious injury/mortality occurred, and was included in
the total number used in the calculation. Furthermore, in using two
time frames for the negligible impact analyses (1998-2011 and 2007-
2011), we took a precautionary approach by ensuring that a negligible
impact determination could be made for both time frames considered.
Negligible Impact Determinations
In considering the appropriate criteria for determining whether
commercial fisheries off the U.S. west coast are having a negligible
impact on the CA/OR/WA stocks of fin whales, humpback whales, and sperm
whales, a summary of the negligible impact determinations follows.
Criterion 1 Analysis
Criterion 1 would be satisfied if the total human-related serious
injury and mortality are less than PBR.
The 14-year (1998-2011) annual average serious injury and
mortality to the CA/OR/WA stock of fin whales from all human-caused
sources is 1.43, or 8.93% of the PBR. The 5-year (2007-2011) annual
average annual average serious injury and mortality from all human-
caused sources is 2.2 or 13.8% of the PBR. The total annual human-
related serious injury and mortality for this stock of fin whales is
not less than 0.1 PBR for both time frames considered.
The 14-year (1998-2011) average annual serious injury and
mortality to the CA/OR/WA stock of humpback whales from all human
sources is 4.31, or 38.2% of the PBR. The 5-year (2007-2011) average
annual human-caused mortality or serious injury is 7.2 or 63.7% of the
PBR. The total annual human-related serious injury and mortality for
this stock of humpback whales is not less than 0.1 PBR for both time
frames considered.
The 14-year (1998-2011) average annual serious injury and
mortality to the CA/OR/WA stock of sperm whales from all human sources
is 0.79, or 52.6% of the PBR. The 5-year (2007-2011) average annual
human-caused mortality or serious injury is 1.4 or 93.3% of the PBR.
The total annual human-related serious injury and mortality for this
stock of sperm whales is not less than 0.1 PBR for both time frames
considered.
Criterion 1 was not satisfied because the total annual human-
related serious injury for fin, humpback, and sperm whales are not less
than 0.1 PBR of each stock for both time frames considered. As a
result, the other criteria must be examined for the CA/OR/WA fin,
humpback, and sperm whale stocks.
Criterion 2 Analysis
Criterion 2 would be satisfied if the total human-related serious
injury and mortality are greater than PBR, and fisheries-related
mortality is less than 0.1 PBR. This criterion was not satisfied
because total human-related serious injury and mortality (detailed
above) is less than PBR, and total fisheries-related mortality
(detailed below) is greater than 0.1 PBR for each stock (both time
frames analyzed).
Criterion 3 Analysis
Unlike Criteria 1 and 2, which examine total human-caused serious
injury and mortality relative to PBR, Criterion 3 compares total
fisheries-related serious injury and mortality to PBR. Criterion 3
would be satisfied if the total fisheries-related serious injury and
mortality (including state and federal fisheries) is greater than 0.1
PBR and less than 1.0 PBR for each stock, for each time frame
considered and the populations of these stocks are considered to be
stable or increasing.
The total fishery-related mortality and serious injury is a small
portion of the CA/OR/WA fin whale stock's PBR (of 16): 3.8% of PBR for
the 5-year average from 2007-2011, and 1.8% of PBR for the 14-year
average from 1998-2011. The CA/OR/WA fin whale stock's PBR is
calculated using a recovery factor of 0.3, and a minimum population
size of 2,624; this population is growing at a rate of about 3%/year (a
little less than the default maximum net growth rate for cetaceans of
4%). The likelihood that fin whales will be taken by the CA thresher
shark/swordfish and/or WA/OR/CA sablefish pot fishery is low.
Accordingly, Criterion 3 is satisfied for both time frames analyzed in
determining that mortality and serious injuries of the CA/OR/WA fin
whale stock incidental to commercial fishing would have a negligible
impact on the stock because of individual review of data regarding the
stock, including increased growth rate of the stock, limited increases
in serious injury and mortality due to the relevant fisheries, and the
level of human-caused mortality and serious injury is below the
estimated PBR.
The fishery-related mortality and serious injury from all
commercial fisheries for the CA/OR/WA humpback
[[Page 26754]]
whale stock is estimated at 53.1% of PBR (of 11.3) for the 5-year
average from 2007-2011, and 31.9% of PBR for the 14-year average from
1998-2011. A total of two humpback whales were observed, estimated or
assumed to have either been killed or injured in the two fisheries
considered in this authorization, the CA thresher shark/swordfish DGN
fishery and WA/OR/CA sablefish pot fishery, which is a small portion of
the stock's PBR, which is calculated using a recovery factor of 0.3.
The minimum population size is 1,878 and is growing at a rate of about
4%/year which is equal to the default maximum growth rate for cetaceans
(4%). Accordingly, Criterion 3 is satisfied for both time frames
analyzed in determining that mortality and serious injuries of the CA/
OR/WA humpback whale stock incidental to commercial fishing would have
a negligible impact on the stock because of individual review of data
regarding the stock, including increased growth rate of the stock,
limited increases in serious injury and mortality due to the relevant
fisheries, and the level of human-caused mortality and serious injury
is below the estimated PBR.
The fishery-related mortality and serious injury from all
commercial fisheries for the CA/OR/WA sperm whale stock is estimated at
66.7% of PBR (of 1.5) for the 5-year average from 2007-2011, and 33.3%
of PBR for the 14-year average from 1998-2011. A total of three sperm
whales were observed, estimated or assumed to have either been killed
or injured in the CA thresher shark/swordfish DGN fishery since 1998
and none have interacted with the WA/OR/CA sablefish pot fishery. The
most recent population abundance estimate from 2008 is the lowest to
date, in sharp contrast to the highest abundance estimate obtained from
2001 and 2005 surveys. However, there is no reason to believe that the
population has declined; the most recent survey likely reflects inter-
annual variability with the study area. Sperm whale distribution and
relative abundance may be correlated to the abundance of their main
prey items and the population of the CA/OR/WA sperm whale stock has
fluctuated since 1979/80 without apparent trend and appears relatively
stable. The stock's PBR is calculated using a recovery factor of 0.1
(with a long term-average mortality and serious injury equal to PBR,
90% of the stock's net annual production would be reserved for
recovery). The minimum population size is about 751 and is growing at a
rate of about 2%/year which is one half of the default maximum growth
rate for cetaceans (4%). Also, the infrequency of sperm whale
interactions with the CA thresher shark/swordfish DGN fishery in the
last 14 years (1998-2011) indicates that the likelihood that another
sperm whale would be taken by this fishery is low (sperm whales have
not interacted WA/OR/CA sablefish pot fishery). Thus, based on this
information and the applicability of Criterion 3, NMFS determines that
the mortality and serious injury incidental to commercial fisheries
will have a negligible impact on the CA/OR/WA stock of sperm whales for
both time frames analyzed.
In conclusion, based on the criteria outlined in 1999 (64 FR
28800), the 2011 Pacific SARs (Carretta et al. 2012) and the best
scientific information and data available, NMFS has determined that for
a period of up to three years, mortality and serious injury incidental
to the CA thresher shark/swordfish DGN fishery and the WA/OR/CA
sablefish pot fishery will have a negligible impact on the CA/OR/WA
stock of sperm whales, the CA/OR/WA stock of humpback whales, and the
CA/OR/WA stock of fin whales (i.e., the total fisheries-related serious
injury and mortality is greater than 0.1 PBR and less than PBR for both
time periods and the populations of these stocks are considered to be
stable or increasing). Therefore, these identified commercial fisheries
within the range of the CA/OR/WA fin, humpback, and sperm whale stocks
may be permitted subject to their individual review and the certainty
of relevant data, and provided that the other provisions of section
101(a)(5)(E) are met.
Description of Fisheries
The following are the Federally-authorized fisheries classified as
Category II in the 2011 LOF, which are known to seriously injure or
kill ESA-listed marine mammals incidental to commercial fishing
operations. Detailed descriptions of those fisheries can be found in
the NMFS (2012a) Final Biological Opinion on the groundfish fishery
management plan, dated December 7, 2012, for the fisheries addressed in
that Biological Opinion; the NMFS (2012b) draft Biological Opinion for
the CA thresher shark/swordfish DGN fishery (=14 inch mesh;
currently in preparation; the final SARs (Carretta et al. 2012; Allen
and Angliss 2011); and the draft NID (http://swr.nmfs.noaa.gov/).
Certain aspects of the fisheries may be altered due to reasonable and
prudent alternatives included in each of the biological opinions;
however, these changes in fishing operations are not expected to result
in increased levels of mortality and serious injury of marine mammals,
including threatened and endangered species. CA thresher shark/
swordfish DGN fishery (=14 inch mesh)
Participants in the CA thresher shark/swordfish DGN fishery
(=14 in mesh) are also required to have a valid permit
issued annually by the California Department of Fish and Wildlife. In
accordance with MMPA section 118(c), only those vessels in the CA
thresher shark/swordfish DGN fishery (=14 inch mesh) that
have registered for a Marine Mammal Authorization Permit are authorized
to take marine mammals incidental to their fishing operations. Vessels
holding this permit must comply with the POCTRP and implementing
regulations. Any vessel that violates regulations will be investigated.
The estimate of the number of vessels in the fishery is a historical
reference based upon the number of vessels that indicated intent to
participate in the fishery and may not be an accurate estimate of the
number of vessels actively engaged in fishing in any given year. The
DGN fishery is a limited entry program, managed with gear, seasons, and
area closures. The number of vessels participating in the CA thresher
shark/swordfish DGN fishery (=14 inch mesh) has decreased.
In 2010, there were 73 permits issued, but currently there are only 27
active vessels (CDFG License and Revenue Branch, extracted July 14,
2011).
The CA thresher shark/swordfish DGN fishery targets swordfish and
thresher shark. This fishery is a limited entry fishery with seasonal
closures and gear restrictions. The CA thresher shark/swordfish DGN
fishery operates outside of state waters to about 150 miles offshore
ranging from the U.S./Mexico border in the south to the Oregon border
in the north, depending on sea temperature conditions. Regulations
restrict the fishery to waters outside 200 nm from February 1 through
April 30, outside 75 nm from May 1 through August 14, and is allowed to
fish inside 75 nm from August 15 through January 31. CA thresher shark/
swordfish DGN vessels when targeting swordfish tend to set on warm
ocean water temperature breaks, which do not appear along the
California coast until late summer; therefore, because of these
restrictions, vessels are not active during February, March, and April,
and very little fishing effort occurs during the months of May, June,
and July.
In 2001, a seasonal (15 August-15 November) area closure was
implemented in the thresher shark/swordfish DGN fishery north of Point
Conception, to protect leatherback
[[Page 26755]]
turtles that feed in the area and were observed entangled in previous
fishing seasons. Additional seasonal/area closures in southern
California have been established in the thresher shark/swordfish DGN
fishery to protect loggerhead turtles during a forecast or occurring El
Ni[ntilde]o event during the months of June, July and/or August.
Information on the number of active permit holders was obtained from
the ``Status of the U.S. west coast fisheries for Highly Migratory
Species through 2004; Stock Assessment and Fishery Evaluation'' report,
available from the Pacific Fishery Management Council Web site
(www.pcouncil.org).
The NMFS's Southwest Region has operated an at-sea observer program
in the CA thresher shark/swordfish DGN fishery since July 1990 to the
present, and the California Department of Fish and Wildlife had
operated a DGN observer program from 1980-90. The objectives of the
NMFS Observer Program are to record, among other things, information on
non-target fish species and protected species interactions. Information
regarding the thresher shark/swordfish DGN fishery interactions with
listed marine mammal species was drawn from Observer Program records
for the calendar years 1990-2011 (NMFS 2012). Observer coverage of the
thresher shark/swordfish DGN fleet targets 20 percent of the annual
sets made in the fishery, with close to 100 percent of net retrievals
monitored on observed trips for, among other things, species
identification and enumeration.
WA/OR/CA Sablefish Pot Fishery
The WA/OR/CA sablefish pot fishery targets sablefish using
trapezoid, conical, or rectangular steel frame traps (NMFS 2005),
wrapped with 3.5 inch nylon webbing. The fishery generally sets gear in
waters past the 100 fathom curve off the west coast of the U.S. The
fishery is managed under regulations implementing the West Coast
Groundfish FMP developed by the Pacific Fishery Management Council.
There are two separate trap fisheries for sablefish, limited entry and
open access. The limited entry fishery is further divided into: (1)
Vessels fishing in the limited entry fixed gear fishery with a limited
entry permit endorsed for pot and/or longline gear, and (2) since 2011,
vessels fishing in the limited entry trawl fishery with a limited entry
permit endorsed for trawl gear but fishing with ``non-trawl'' gear
including pot gear (called ``gear switching'' in the trawl fishery's
Shore-based Individual Fishing Quota (IFQ) Program).
The primary fishery, limited entry, is composed of a three tier
system of cumulative landing quotas within a restricted season, from
April 1 to October 31. Permits were assigned to a tier based on landing
history when the system originally began in 1998. There are 32 limited
entry permits issued for the sablefish trap fishery on the U.S. west
coast (NWFSC 2010). Fishing outside of the primary season or after
fulfillment of tier quota is allowed subject to daily and weekly trip
limits (NWFSC 2010). The limited entry permits are currently associated
with vessels spread throughout the Pacific Northwest from Northern
California through Washington. Up to three permits may be stacked for
cumulative landings on one vessel; including both trap and longline
gear endorsements (NWFSC 2010). Accounting for stacking of permits,
there were twenty-four vessels using traps to target sablefish in the
2009 season, with seven of those vessels using traps only (NWFSC 2010).
The other seventeen used a combination of traps and longline to catch
their quota of sablefish.
In addition to the limited entry fixed gear fishery, a vessel
registered to a limited entry groundfish permit endorsed for trawl gear
may fish in the Shorebased IFQ Program using pot gear (NMFS 2012 West
Coast Groundfish IFQ Fishery Catch Summary 2011: First Look. Agenda
Item F.6.b, Supplemental NMFS Report, March 2012 Pacific Fishery
Management Council meeting). Using a gear other than trawl gear to fish
in the Shorebased IFQ Program is called ``gear switching.'' The
Shorebased IFQ Program began in 2011 and operates year round. In 2011,
nine percent of the IFQ fishing trips were made by vessels using pot
gear.
The open access fishery is available to fishermen year round and is
subject to weekly trip limits. The estimated number of current
participants in the open access fishery is 309. NOAA's Northwest
Fisheries Science Center estimates 123 fishermen, longline and trap
combined, participated in the open access sector in 2009 based on a
query of the fish ticket records in the PacFIN landings database (NWFSC
2010).
In California, a general trap permit is required for the open
access sector for sablefish and gear is set outside 150 fathoms, with
an average depth of 190 fathoms. South of Point Arguello, near Santa
Barbara, the minimum depth for setting traps targeting sablefish is 200
fathoms. There is no depth requirement north of Point Arguello. Daily
logbook reporting is required by the state. Multiple traps are
connected to a common ground line, 5/8th inch nylon line, at depths
between 100 and 375 fathoms up to 600 fathoms with an average of 190
fathoms in California (NMFS 2010). Traps are spaced on average 20
fathoms apart, with a range of 15 to 40 fathoms (NMFS 2005). Limited
entry permit holders will commonly fish 20 to 30 traps per string, as
opposed to open access fishermen who fish several smaller strings of
one to eight strings with three to four traps per string (NMFS 2010),
each with a float line and buoy stick.
Conclusions for Proposed Permit
Based on the above assessment and as described in the accompanying
draft NID, NMFS concludes that the incidental mortality and serious
injury from the CA thresher shark/swordfish DGN fishery (=14
inch mesh) and the WA/OR/CA sablefish pot fishery will have a
negligible impact on the CA/OR/WA stock of humpback whales, the CA/OR/
WA stock of fin whales, and the CA/OR/WA stock of sperm whales. The
National Environmental Policy Act (NEPA) requires Federal agencies to
evaluate the impacts of alternatives for their actions on the human
environment. The impacts on the human environment of continuing and
modifying the CA thresher shark/swordfish DGN fishery (=14
inch mesh) (as part of the Highly Migratory Species fisheries) and the
WA/OR/CA sablefish pot fishery (as part of the West Coast groundfish
fisheries), including the taking of threatened and endangered species
of marine mammals, were analyzed in: the Pacific Fishery Management
Council Highly Migratory Species Fishery Management Plan final
environmental impact statement (August 2003); the Pacific Fishery
Management Council Proposed Harvest Specifications and Management
Measures for the 2013-2014 Pacific Coast Groundfish Fishery and
Amendment 21-2 to the Pacific Coast Fishery Management Plan (September
2012); Risk assessment of U.S. West Coast groundfish fisheries to
threatened and endangered marine species (NWFSC 2012); and in the Final
Biological Opinion prepared for the West Coast groundfish fisheries
(NMFS 2012a) and the draft Biological Opinion for the CA thresher
shark/swordfish DGN fishery (=14 inch mesh) (NMFS 2012b),
currently in preparation, pursuant to the ESA. Because this proposed
permit would not modify any fishery operation and the effects of the
fishery operations have been evaluated fully in accordance with NEPA,
no additional NEPA analysis is required for this permit. Issuing the
proposed permit would have no additional impact to the
[[Page 26756]]
human environment or effects on threatened or endangered species beyond
those analyzed in these documents. NMFS now reviews the remaining
requirements to issue a permit to take the subject listed species
incidental to the CA thresher shark/swordfish DGN fishery
(=14 inch mesh) and WA/OR/CA sablefish pot fisheries.
Recovery Plans
Recovery Plans for humpback whales, fin whales, and sperm whales
have been completed (see http://www.nmfs.noaa.gov/pr/recovery/plans.htm#mammals). Accordingly, the requirement to have recovery plans
in place or being developed is satisfied.
Vessel Registration
MMPA section 118(c) requires that vessels participating in Category
I and II fisheries register to obtain an authorization to take marine
mammals incidental to fishing activities. Further, section 118(c)(5)(A)
provides that registration of vessels in fisheries should, after
appropriate consultations, be integrated and coordinated to the maximum
extent feasible with existing fisher licenses, registrations, and
related programs. Participants in the CA thresher shark/swordfish DGN
fishery (=14 inch mesh) and WA/OR/CA sablefish pot fisheries
already provide the information needed by NMFS to register their
vessels for the incidental take authorization under the MMPA either
through the federal groundfish limited entry permit process of the
federal Vessel Monitoring System. Therefore, vessel registration for an
MMPA authorization is integrated through those programs in accordance
with MMPA section 118.
Monitoring Program
The CA thresher shark/swordfish DGN fishery ([gteqt]14 inch mesh)
has been observed since the early 1990s. Levels of observer coverage
vary over years but are adequate to produce reliable estimates of
mortality and serious injury of listed species (e.g., from 2000-2010,
coverage ranged from 12.0 to 22.9 percent). As part of the West Coast
groundfish fishery and Magnuson-Stevens Fishery Conservation and
Management Act objectives, the WA/OR/CA sablefish pot fishery, as
managed under the groundfish FMP, is observed at about 1-6% per year.
Accordingly, as required by MMPA section 118, a monitoring program is
in place.
Take Reduction Plans
Subject to available funding, MMPA section 118 requires the
development and implementation of a Take Reduction Plan (TRP) in cases
where a strategic stock interacts with a Category I or II fishery. The
stocks considered for this permit are designated as strategic stocks
under the MMPA because they are listed as threatened or endangered
under the ESA. In 1996, a take reduction team (TRT) was convened to
develop a TRP to address the incidental taking of several strategic
stocks in the CA thresher shark/swordfish drift gillnet fishery. A
POCTRP was implemented, through regulations, in October, 1997 (62 FR
51813) and has been in place ever since. These strategic stocks also
interact with the WA/OR/CA sablefish pot/trap fishery and other
Category II fisheries described above, and a potential TRP is in the
development phase. The short- and long-term goals of a TRP are to
reduce mortality and serious injury of marine mammals incidental to
commercial fishing to levels below PBR and to a zero mortality rate
goal (indicated by meeting the threshold for placement in the annual
LOF Category III), respectively. MMPA section 118(b)(2) states that
fisheries maintaining such mortality and serious injury levels are not
required to further reduce their mortality and serious injury rates.
However, the obligations to develop and implement a TRP are subject to
the availability of funding. MMPA section 118(f)(3) (16 U.S.C.
1387(f)(3)) contains specific priorities for developing TRPs. NMFS has
insufficient funding available to simultaneously develop and implement
TRPs for all stocks that interact with Category I or Category II
fisheries. As provided in MMPA section 118(f)(6)(A) and (f)(7), NMFS
used the most recent SARs and LOF as the basis to determine its
priorities for establishing TRTs and developing TRPs. Through this
process, NMFS evaluated the CA/OR/WA stocks of humpback, fin, and sperm
whales, and identified them as lower priorities compared to other
marine mammal stocks and fisheries for establishing TRTs, based on
population trends of each stock and mortality and serious injury levels
incidental to commercial fisheries. In addition, NMFS is currently
collecting data to categorize fixed gear fisheries and assess their
risk to large whales off the U.S. west coast. Accordingly, given these
factors and NMFS' priorities, implementation of the developing TRP for
the WA/OR/CA sablefish pot trap fishery and other similar Category II
fisheries will be deferred under section 118 as other stocks/fisheries
are a higher priority for any available funding for establishing new
TRPs.
As noted in the summary above, all of the requirements to issue a
permit to the following Federally-authorized fisheries have been
satisfied: The CA thresher shark/swordfish DGN fishery ([gteqt]14 inch
mesh) and WA/OR/CA sablefish pot fishery. Accordingly, NMFS proposes to
issue a permit to participants in these Category II fisheries for the
taking of CA/OR/WA humpback whales, CA/OR/WA fin whales, and CA/OR/WA
sperm whales incidental to the fisheries' operations. As noted under
MMPA section 101(a)(5)(E)(ii), no permit is required for vessels in
Category III fisheries. For incidental taking of marine mammals to be
authorized in Category III fisheries, any injuries or mortality must be
reported to NMFS. NMFS solicits public comments on the proposed permit
and the preliminary determinations supporting the permit.
Dated: May 3, 2013.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2013-10913 Filed 5-7-13; 8:45 am]
BILLING CODE 3510-22-P