The SARs are based on the best scientific information available at the time of preparation, including the level of mortality and serious injury of marine mammals that occurs incidental to commercial fishery operations and the PBR levels of marine mammal stocks. The fishery fact sheets summarize LOF classification information for the public and we will review and correct this error. These density data were categorized by species and life stage, habitat type, seasonal period, and geographic region to develop frequency statistics (e.g., 25th and . that improve habitat. The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 2021, as required by the Marine Mammal Protection Act (MMPA). For complete information about, and access to, our official publications However, in reviewing available data, there are no documented mortalities or injuries of pantropical spotted dolphins in similar fisheries. Ream, E.L. Richmond, K.E.W. Forney, and N.C. Young. NMFS is requesting comments on this proposed RFD schedule. Tidal wetlands in the Nisqually River Basin, where restored habitat fosters growth of juvenile salmon and steelhead on their way to the ocean. Comment 2: FLC recommends NMFS reclassify the AK Bering Sea, Aleutian Islands (BSAI) Pacific cod longline fishery from a Category II to Category III. The tribal West Coast groundfish fisheries include tribal commercial fishermen who have a federally recognized treaty right to fish for federally managed groundfish in their "usual and accustomed" fishing areas. PDF | We delineated and scored Biologically Important Areas (BIAs) in the Arctic region. : WCRO-2021-03107 . This notice initiated a 60-day period for the public to provide comments to NMFS related to the status of the species being reviewed. 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. 333 SW First Avenue . NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of mortality and serious injury of marine mammals that occurs incidental to each fishery. There are approximately 50 ESA-listed species, distinct population segments, and evolutionarily significant units under our jurisdiction, including species of whales, pinnipeds (seals and sea lions), sea turtles, fish, and mollusks. Our Science Centers conduct cutting-edge biological, economic, and oceanographic research, as well as observations and monitoring of living marine resources and their environments. Specifically, these offices implement protections and conservation efforts under the Endangered Species Act, essential fish habitat (EFH) provisions under the Magnuson-Stevens Act, and actions under the Federal Power Act and the Fish and Wildlife Coordination Act in their geographic areas. You can also see a list of, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, Report a Stranded or Injured Marine Animal, Climate, Ecosystems & Fisheries Initiative, West Coast Marine Mammal Stranding Network, Draft National Seafood Strategy Listening Sessions, Financial Assistance Workshop for Grant Applicants and RecipientsSeattle, Research Surveys in the Pacific Northwest, About the Northwest Fisheries Science Center, California Cooperative Oceanic Fisheries Investigations (CalCOFI), California Current Integrated Ecosystem Assessment (CCIEA), Socio-economics of Eastern Pacific and West Coast Fisheries, California Central Valley Chinook Salmon Life Cycle Modeling, Social-economics of California Salmonid Habitat and Water Resource, Southwest Fisheries Science Center Stock Assessment, Pacific Marine Mammal Stock Assessment Reports, SWFSC Data on the NOAA Big Data Program (BDP), SWFSC Metadata Library on Fisheries InPort, Ecosystem-based and Dynamic Ocean Management, Dynamic West Coast Sea Surface Temperature Interactive, Puget Sound Salmon and Steelhead Fisheries, Columbia River Basin Salmon and Steelhead Fisheries, West Coast Salmon and Steelhead Fisheries Management, Management Measures/Actions under Tuna Conventions Act, Management Measures/Actions under Magnuson-Stevens Act, NEPA Documents Available for Public Review, Our Work Under the Endangered Species Act, Threatened and Endangered Species on the West Coast, Our Work Under the Marine Mammal Protection Act, Report Dead, Injured, Stranded, or Entangled Marine Mammals, Share the Shore: Responsible Marine Mammal Viewing, Protected Resources App: Display Spatial Data for ESA-listed Species, Salmon and Steelhead: Status of ESA Listings and Critical Habitat Designations (July 2016), National Overview: Protecting Marine Life, Mitigation Banks, Conservation Banks, and In-Lieu Fee Programs, Federal Columbia River Power System Biological Opinion, Habitat Blueprint - Russian River Habitat Focus Area, Restoration of Salmon and Steelhead Habitat. 1387(c)(2)), as described in 50 CFR 229.4, to register with NMFS and obtain a marine mammal authorization to lawfully take non-endangered and non-threatened marine mammals incidental to commercial fishing operations. Shelden, R.G. NOAA-NMFS-PIFSC-47, 29 p. Hayes, S.A., Josephson, E., Maze-Foley, K., Rosel, P.E., 2020. National Marine Fisheries Service West Coast Region Science, Service, Stewardship U.S. Department of Commerce I National Oceanic and Atmospheric Administration I National Marine Fisheries Service 5-Year Review: Snake River Basin Steelhead NOAA Fisheries i July 26, 2022 5-Year Review: Snake River Basin Steelhead Species Reviewed We also note that two additional entanglements have been identified as Massachusetts lobster trap/pot entanglements (E36-16/RW 3623 and E25-09). Affected Species and NMFS' Determinations: ESA-Listed Species Status . documents in the last year, 853 All other documented lobster interactions were determined to result in non-serious injuries. Until the ACFR grants it official status, the XML Under the MMPA, we conserve and manage marine mammal populations along the West Coast. Reporting requirements and procedures are found in 50 CFR 229.6. We review federal proposals for land and water development to make sure these activities do not further degrade habitat or harm protected species. . 230. Therefore, some vessel or gear owners in Category III fisheries may receive authorization certificates even though they are not required for Category III fisheries. They also implement temporary and permanent area closures to protect salmon in the ocean and on their way back to their rivers to reproduce. NOAA Fisheries and the Council work with state and tribal governments, as well as industry, environmental organizations, and academic institutions. 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. We also work domestically and internationally to support highly migratory fisheries. When these estimations become available, NMFS will solicit public comment through the SAR publication process. With 85 percent of all observed right whales exhibiting entanglement scars, it is likely that entanglements are indeed occurring in areas where entanglements have not yet been observed and/or reported. Hemphill Dam after rehabilitation. and E. Lyman. 03/03/2023, 1465 Therefore, NMFS is retaining the Category III classification of the Hawaii troll fishery. As stated previously, should information suggest that unique gear characteristics have lowered the risk of interaction in a particular geographically unique portion of a fishery, NMFS will evaluate to determine if the risk reduction is sufficient for separating the fishery out from the broader, current, classification of the Category I Northeast/mid-Atlantic American lobster trap/pot fishery. NMFS updates the MMAP certificate process for calendar year 2021. Because fisheries are classified on a per-stock basis, a fishery may qualify as one category for one marine mammal stock and another category for a different marine mammal stock. Therefore, while HSFCA permits exist for these gear types, it does not represent effort. Bottlenose dolphin, GMX bay, sound, and estuarine. NMFS adds three stocks to the list of species/stocks incidentally killed or injured in the Category II AK Bering Sea, Aleutian Islands Pacific cod pot fishery: (1) Bristol Bay stock of harbor seal, (2) Western North Pacific stock of humpback whale, and (3) Central North Pacific stock of humpback whale. List of Terms, Abbreviations, and Symbols Used in Table 3: CACalifornia; GMXGulf of Mexico; HIHawaii; OROregon; WAWashington; WNAWestern North Atlantic; *Fishery is an extension/component of an existing fishery operating within U.S. waters listed in Table 1 or 2. Revised stock boundaries for false killer whales (Pseudorca crassidens) in Hawaiian waters. Am I required to take an observer aboard my vessel? Bottlenose dolphin, Barataria Bay estuarine system. Both the Northwest and Southwest Regional prioritizations began with a list of all 136 stocks managed by the PFMC under four Fishery Management Plans (FMPs): Coastal Pelagic Species (8 stocks) Pacific Coast Groundfish (50 stocks2) Pacific Coast Salmon (66 stocks3) U.S. West Coast Fisheries for Highly Migratory Species (12 stocks4) Response: As stated above in response to Comments #11 and 15, NMFS retains the Category I classification of the Northeast/Mid-Atlantic American lobster trap/pot fishery. We collaborate extensively with the Pacific Fishery Management Council, Native American Indian tribes, and the four states within the region in our management of highly migratory species (e.g., tunas, sharks), coastal pelagic species (e.g., sardine and anchovy), groundfish, and salmon, as well as the habitats upon which they rely. HLA requests that NMFS remove the MHI insular and NWHI stocks 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. NMFS adds two stocks to the list of species/stocks incidentally killed or injured in the Category III CA squid purse seine fishery: (1) CA/OR/WA stock of Risso's dolphin and (2) U.S. stock of California sea lion. Bottlenose dolphin, Jacksonville estuarine system. Dahlheim, B.S. The criteria are also summarized here. Habitat Restoration to Benefit Threatened Chinook Salmon in the Willamette River Basin. Response: As noted by the Commission, there are four stocks of pantropical spotted dolphins in the Hawaii Islands region: Oahu stock, 4-Islands stock, Hawaii Island stock, and Hawaii pelagic stock. Covering 317,690 square miles of the eastern Pacific Ocean, and more than 7,000 miles of tidal coastline, as well as the ecological functions within the states vast rivers and estuaries, we build sustainable fisheries, recover endangered and threatened species, maintain healthy ecosystems, and protect human health. For fisheries with no observer coverage and for observed fisheries with evidence indicating that undocumented interactions may be occurring (e.g., fishery has low observer coverage and stranding network data include evidence of fisheries interactions that cannot be attributed to a specific Start Printed Page 3030fishery) species and stocks may be retained for longer than 5 years. The seal had injuries consistent from dog bites, and was transported to SR3 for rehabilitation. Groundfish inhabit a variety of depths, ranging from intertidal and nearshore to waters as deep as 3,500 meters (1,900 fathoms). (Photo courtesy of Woody Venard), Expanding Electronic Reporting Across the Pacific Ocean, Gray Whale Numbers Continue Decline; NOAA Fisheries Will Continue Monitoring, A gray whale mother calf pair migrating along the central California coast from the wintering grounds in Mexico to the summer feeding grounds in Alaska. 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. Since 2006, there has only been one observed leatherback sea turtle caught in groundfish fishing gear. The West Coast groundfish recreational fisheries are managed by the coastal states with management coordinated in the Pacific Fishery Management Council process. The Commission states that the clearer case can be made for reclassifying the Category II SE Alaska salmon drift gillnet fishery as a Category I fishery. NMFS must reexamine the LOF annually, considering new information in the Marine Mammal Stock Assessment Reports (SARs) and other relevant Start Printed Page 3029sources, and publish in the Federal Register any necessary changes to the LOF after notice and opportunity for public comment (16 U.S.C. Northeast mid-water trawl (including pair trawl), Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl. Measures including closed areas, reduced catch limits, and a shift to catch shares management were implemented. Salmon bycatch in the groundfish fishery most often occurs with trawl gear. Stocks driving a fishery's classification are denoted with a superscript 1 in Tables 1 and 2. Therefore, the HI troll fishery cannot be classified by analogy to other fisheries that use similar fishing techniques that are known to cause mortality or serious injury of pantropical spotted dolphins. So I'm glad we're In non-exempted waters, risk reduction can be calculated based on implemented changes to gear configurations, and if that risk reduction is substantial enough, NMFS could revisit the fishery classification in a future LOF. With more bad news forecast for California salmon, several fishing advocacy groups called Friday for the state to impose an immediate closure of the 2023 salmon season and seek federal assistance for a fishery disaster. Rainbow in the dusk sky at San Diego Harbor. Members of this partnership celebrate this approach and the results. Boveng, J.M. Response: NMFS agrees that the Agency has the flexibility to separate out individual fisheries where it is appropriate; however, the commenter has not presented adequate information to substantiate any difference in risk that Maine state and Federal lobster fisheries pose to North Atlantic right whales, or other large whale species, that would warrant a current change in classification for these fisheries. 1531 et seq.) on The Operations, Management, and Information Services Division supports West Coast Region operations through budget planning, formulation, and execution; human resources management (including Equal Employment Opportunity and diversity); oversight of administrative processes; management of information, information technology, and communications systems; and management of environmental compliance, travel, facilities, safety, and property. Contribute to chinapedia/wikipedia.en development by creating an account on GitHub. The lack of marks on retrieved gear may indicate the current marking scheme is inadequate, or that entanglements are occurring in areas where gear is not currently marked, such as international waters or current exempted areas. A method to assign cause to these unknown, as well as undetected mortalities, while addressing country entanglement of origin, is currently under development (Hayes et al., 2020). Humpback whale, Central North Pacific (Southeast AK). A complete explanation of the variability is available in the Environmental Impact Statement to Reduce the Incidental Bycatch and Mortality of Sea Turtles in the Southeastern U.S. Shrimp Fisheries (November 4, 2019). Register documents. Four Massachusetts lobstermen have filed a class action suit against the Monterey Bay Aquarium and Marine Stewardship Council, groups that urged distributors and grocery stores to avoid purchasing lobster because of the fishery's impact on North Atlantic right whales. headings within the legal text of Federal Register documents. Where can I find more information about the LOF and the MMAP? Vessel or gear owners who participate in fisheries in these regions and have not received authorization certificates by the beginning of the calendar year, or with renewed fishing licenses, must contact the appropriate NMFS Regional Office (see FOR FURTHER INFORMATION). Portland, Oregon 97208-2946 . It transmits that position to a NOAA Fisheries-approved communications service provider. Additional detail on how gear would be considered unique to differentiate it from other state lobster and trap/pot fisheries is included in response to Comment #11. The PBR level for the SEAK harbor porpoise stock was estimated based on a survey that covered only a portion of the currently-recognized distribution of this stock, and it included commercial fishery M/SI that occurred far north of the surveyed areas. NMFS acknowledges that, in some cases, these estimates may be inflations of actual effort. The authorization certificate, or a copy, must be on board the vessel while it is operating in a Category I or II fishery, or for non-vessel fisheries, in the possession of the person in charge of the fishing operation (50 CFR 229.4(e)). Additionally, unless a rope diameter is explicitly prohibited in an area, rope diameter does not rule out the potential for an entanglement to have occurred in Maine waters, even if it does not represent the majority's normal fishing practices. Vessels are monitored using a vessel monitoring system (VMS). This rule would have no adverse impacts on marine mammals and may have a positive impact on marine mammals by improving knowledge of marine mammals and the fisheries interacting with marine mammals through information collected from observer programs, stranding and sighting data, or take reduction teams. Comment 6: HLA restates a previous comment recommending NMFS remove the Main Hawaiian Islands (MHI) insular and Northwestern Hawaiian Islands (NWHI) stocks 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. These gear types likely entangle marine mammals, particularly bottlenose dolphins, in very similar ways. publication in the future. Leatherback sea turtles that occur off the West Coast are most likely to originate from nesting aggregations of the western Pacific. For West Coast groundfish, we employ catch shares and annual catch limits as a tool to rebuild fish stocks and promote healthy fishing communities. Pantropical spotted dolphin, Northern GMX. Northeast/Mid-Atlantic American lobster trap/pot, Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline*. The Commission notes that is more difficult to address the harbor porpoise M/SI in Category II Yakutat salmon set gillnet because there is a geographical disconnect between where observer data was collected and the population surveys were conducted. Refer to NMFS No: WCRO-2018-00288 . Bottlenose dolphin, Northern NC estuarine. Bottlenose dolphin, HI Pelagic. 19-13; 54 p. Muto, M.M, V.T. On the West Coast, a unique collaboration has formed between fishermen and scientists to more effectively survey groundfish in response to major fisheries closures two decades ago. MMPA section 118 states that the Secretary is not required to place an observer on a vessel if the facilities for quartering an observer or performing observer functions are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized; thereby authorizing the exemption of vessels too small to safely accommodate an observer from this requirement. How do I register, renew and receive my Marine Mammal Authorization Program authorization certificate? In January 2019, there was an observed mortality of a false killer whale incidental to the Hawaii deep-set longline fishery that occurred within the Start Printed Page 3034range of the NWHI stock. That 2016 SAR also reported a total annual M/SI estimate of 34 animals for the two fisheries combined. 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. For these fisheries, NMFS will review the other sources of relevant information to determine when it is appropriate to remove a species or stock from the LOF. AOLA understands that with limited observer coverage and data gaps there is a level of subjectivity into the LOF classification process; however, the process should be equal among fisheries. However, the evidence presented is not sufficient to draw these conclusions. NMFS looks forward to seeing what measures the state of Massachusetts will finalize and implement for the state lobster trap/pot fishery in the future. Where does NMFS obtain information on the level of observer coverage in a fishery on the LOF? These fisheries, though listed separately on Table 1 or 2 and Table 3, are considered the same fisheries on either side of the EEZ boundary. Most of the observed encounters have occurred in the Limited Entry groundfish bottom trawl sector. NMFS is proposing that the nearshore fishery be open every Monday, Tuesday, and Wednesday beginning Monday May 8 until the nearshore allocation is taken, or on September 30, whichever is earlier. WestCoast Region, NMFS, NOAA| 7600Sand Point Way NE| Seattle | WA | 98115. The effective date of this final rule is February 16, 2021. Mid-Atlantic gillnet fishery from 3,950 to 4,020 vessels/person; Northeast sink gillnet fishery from 3,163 to 4,072 vessels/persons; Chesapeake Bay inshore gillnet fishery from 248 to 265 vessels/persons; Northeast bottom trawl fishery from 2,238 to 968 vessels/persons; Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery from 4,950 to 10,824 vessels/persons; Atlantic mixed species trap/pot fishery from 3,332 to 3,493 vessels/persons; Mid-Atlantic menhaden purse seine fishery from 19 to 17 vessels/persons; Virginia pound net fishery from 26 to 20 vessels/persons; Caribbean gillnet fishery from >991 to 127 vessels/persons; Caribbean mixed species trap/pot fishery from >501 to 154 vessels/persons; Caribbean spiny lobster trap/pot fishery from >197 to 40 vessels/persons; and. 2017. There are no documented interactions with pantropical spotted dolphins in commercial troll fisheries on the high seas (2020 LOF). Gulf of Maine Atlantic herring purse seine. Yet since 2013, the northwest Atlantic has undergone considerable climatic changes that have influenced the distributions of marine mammals and their prey. 1:04. Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan; Amendment 30; 2023-24 Biennial Specifications and Management Measures; Correcting Amendment, 12865-12868 [2023-03889] The fishery classification criteria consist of a two-tiered, stock-specific approach that first addresses the total impact of all fisheries on each marine mammal stock and then addresses the impact of individual fisheries on each stock. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. Towell, P.R. 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. In March 2015, there was an observed humpback whale, Central North Pacific stock, injury in the Category II Hawaii shallow-set longline fishery. Electronic monitoring consists of video cameras, an integrated Global Positioning System (GPS), and associated sensors. Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. The OFR/GPO partnership is committed to presenting accurate and reliable From left: Kourtney Burger and Cory Hom-Weaver in the technology tank at Southwest Fisheries Science Center testing surface buoys for the ADRIFT project. NMFS also determined These offices consult with Federal, Tribal, and State agencies on actions that may adversely affect protected species or EFH, as well as on projects to improve fish passage or habitat conditions for managed and protected species. The fishery is also split into two groups based on whether vessels are required to hold a federal limited entry permit to participate or whether they fish without a federal permit in the open access fishery. NMFS also reviewed other sources of new information, including marine mammal stranding and entanglement data, observer program data, fishermen self-reports, reports to the SRGs, conference papers, FMPs, and ESA documents. In addition, any animal that ingests fishing gear or any animal that is released with fishing gear entangling, trailing, or perforating any part of the body is considered injured, regardless of the presence of any wound or other evidence of injury, and must be reported. Internet Explorer lacks support for the features of this website. We also conduct research on the impacts of environmental variability and climate change on marine ecosystems and on fishery and conservation socio-economics. Using dolphins to catch tuna: Assessment of associations between pantropical spotted dolphins and yellowfin tuna hook and line fisheries in Hawai`i. 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. Copies of the SARs are available on the NMFS Office of Protected Resources website at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. The West Coast is home to a variety of seabird species. NMFS and the U.S. They experience more pronounced boom and bust population dynamics. You can also see a list of all species managed on the West Coast. The forms for actions on these permits and licenses can be found on the West Coast Fisheries Permits page. The Magnuson-Stevens Act, along with other federal laws, guides NOAA Fisheries and the Council's development of policy. Seabird interactions with the groundfish fishery occur primarily with longline vessels and to a lesser extent with trawl vessels. After publication of the final rule, NMFS noted the need for corrections to The following summarizes changes to the LOF for 2021, including the classification of fisheries, fisheries listed, the estimated number of vessels/persons in a particular fishery, and the species and/or stocks that are incidentally killed or injured in a particular fishery. section). This rule contains existing collection-of-information (COI) requirements subject to the Paperwork Reduction Act and would not impose additional or new COI requirements. Comments were received from members of the public, Atlantic Offshore Lobstermen's Association (AOLA), Freezer Longline Coalition (FLC), Hawaii Longline Association (HLA), Maine Lobstermen's Association (MLA), Massachusetts Division of Marine Fisheries (MA DMF), Marine Mammal Commission (Commission) and Whale Safe USA. NMFS reclassifies the AK Bering Sea, Aleutian Islands Pacific cod pot fishery from a Category III to a Category II fishery. We also provide technical assistance and funding to support. Caribbean haul/beach seine fishery from 15 to 38 vessels/person. Owners of vessels or gear engaging in a Category I or II fishery are required under the MMPA (16 U.S.C. Diagram of streamer lines. Allen, P.L. documents in the last year. NMFS adds the Aleutian Islands stock of harbor seal to the list of species/stocks incidentally killed or injured in the Category III AK Bering Sea, Aleutian Islands Atka mackerel trawl fishery. Northeast/Mid-Atlantic bottom longline/hook-and-line, Gulf of Maine, U.S. Mid-Atlantic tuna, shark, swordfish hook-and-line/harpoon, Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean snapper-grouper and other reef fish bottom longline/hook-and-line, Southeastern U.S. Atlantic, Gulf of Mexico shark bottom longline/hook-and-line. For these fisheries, NMFS will review the other sources of information listed above and use its discretion to decide when it is appropriate to remove a species or stock. We also study the impacts of environmental variability and climate change on marine ecosystems and fishery socioeconomics. Species diversity is part of the natural legacy we leave for future generations. Below we provide further detail as to why the information presented by the MLA is insufficient for the requested changes. As noted in the section of this rule and the LOF proposed rule describing how NMFS determines which species or stocks are included as incidentally killed or injured in a fishery, for fisheries with no observer coverage and for observed fisheries with evidence indicating that undocumented interactions may be occurring (e.g., fishery has evidence of fisheries interactions that cannot be attributed to a specific fishery, and stranding network data include evidence of fisheries interactions that cannot be attributed to a specific fishery), stocks may be retained on the LOF for longer than 5 years.

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