Pacific Coast Groundfish Bycatch Management for Protected SpeciesImplementing NOAA Fisheries’ Biological Opinion

West Coast Region

Alison Agness1, Steve Copps1, Jon McVeigh2, and Chuck Tracey3

1 NOAA Fisheries West Coast Region2 NOAA Fisheries Northwest Fisheries Science Center3 Pacific Fishery Management Council Staff

November 12, 2013

BackgroundWhat is a Biological Opinion?• Section 7(a)(2) of the Endangered Species Act requires federal

agencies to insure that their actions are not likely to jeopardize the continued existence of listed species or result in the adverse modification or destruction of critical habitat.

• Document which includes: (1) the opinion of Fish and Wildlife Service or NOAA Fisheries

regarding the above; (2) a summary of the information on which the opinion is based; and (3) a detailed discussion of the effects of the action on listed species or

designated critical habitat.

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Background (Cont.)

NOAA Fisheries’ Biological Opinion

Lead: NOAA Fisheries West Coast Region• Action: Continuing Operation of the Pacific Coast Groundfish Fishery• Issued: December 7, 2012• Affected Species: Green Sturgeon, Eulachon, Humpback Whales, Steller

Sea Lions Effect of delisting?, Leatherback Sea Turtles• Effects: Bycatch or entanglement in fishing gear; WA/OR/CA sablefish pot

fishery, specific to Humpback Whales • Incidental Take Authorized: 5-year average of 1 whale/yr and up to 3

whales in a single year• MMPA 101(a)(5)(e) Permit Issued: for incidental take of Humpback

Whales in WA/OR/CA sablefish pot fishery, issued September 4, 2013U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 3

Background Cont.What are Reasonable and Prudent Measures (RPMs), Terms and Conditions (T&Cs), and Conservation Recommendations?• “Reasonable and prudent measures” are nondiscretionary measures

to minimize the amount or extent of incidental take (50 CFR 402.02). “Terms and conditions” implement the reasonable and prudent measures (50 CFR 402.14). These must be carried out for the exemption in section 7(o)(2) to apply.

• “Conservation recommendations” are suggestions regarding discretionary measures to minimize or avoid adverse effects of a proposed action on listed species or critical habitat or regarding the development of information (50 CFR 402.02).

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Pacific Coast Groundfish RPMs and T&Cs

• Management Planning• Take Reporting• Take Monitoring• Species-Specific Measures• Mainly related to Observer Program biological

sampling

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Implementing the RPMs and T&Cs

Management Planning – Lead: PFMC in Coordination with NOAA Fisheries West Coast Region

Develop a Pacific Coast Groundfish and Endangered Species Workgroup (PCGW) - ✓• Develop terms of reference - ✓• Identify membership - ✓• Convene on a biennial basis• first meeting TBD, end of 2013 or early 2014

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Implementing the RPMs and T&Cs (Cont.)

Take Reporting – Lead: Northwest Fisheries Science Center• Characterize changes in fishing effort• By gear type that may result from implementing IFQ

management program.• Report on biennial basis

• Update reporting of take• Fleet-wide take reporting on a biennial basis• Annual tracking of observed take (observer programs and

stranding networks)• Immediate notification (specific to whales and sea turtles)

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Implementing the RPMs and T&Cs (Cont.)

Take Monitoring – Lead: Northwest Fisheries Science Center• Identify goals for minimum observer coverage levels to achieve fleet-

wide take estimates, and • Develop a plan for implementation• Not relevant to Humpback Whale entanglements

U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 8

Species Fisheries SourceGreen Sturgeon

LE groundfish bottom trawl and at-sea hake fisheries

Al-Humaidhi et al. 2012

Eulachon LE groundfish bottom trawl and at-sea hake fisheries

Al-Humaidhi et al. 2012

Steller sea lions

LE groundfish bottom trawl and at-sea hake fisheries

Jannot et al. 2011

Leatherback sea turtles

Sablefish pot/trap fishery Jannot et al. 2011 and stranding records

Conservation Recommendations

Specific to Humpback Whales • Require or recommend unique, visual marking of sablefish

pot/trap gear as identifiable to a specific fishery (e.g., Crab v. Sablefish or OA/LE/Tribal?)

• Report, track and retrieve pot/trap gear that becomes lost.• Assess and promote use of available technology to

minimize loss of sablefish pot/trap gear.• Investigate the practice of storing sablefish pot/trap gear in

the ocean.

U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 9

Questions?

U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 10