Recent Regulatory Actions--Protected Resources 2006 2005 2004 & Earlier
Marine Mammal Protection Act Proposed List of Fisheries for 2009 (6/25/08)
The proposed 2009 List includes several changes to the 2008 List, including reorganization and elevation of various West Coast trap/pot fisheries, addition of high seas fisheries to the List, and splitting the Hawaii longline fishery into two fisheries. Comments on this rule must be received by August 12, 2008.
Northwest Atlantic Loggerhead Sea Turtle Recovery Plan Announced (6/25/08)
NOAA Fisheries has announced that the draft Recovery Plan for the Northwest Atlantic Population of the Loggerhead Sea Turtle is available for public comment. The plan includes natural history, current status, and the known and potential threats to the loggerhead turtle in the Northwest Atlantic and lays out a recovery strategy. Comments on this plan must be received by July 29, 2008.
Proposed Rule to Delay Effective Date of Broad-Based GearModifications in Recent Large Whale Amendment (6/12/08)
This rule would amend the regulations implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP), to delay the effective date of one of the broad-based gear modifications and remove one of the gear-related definitions required in the recent amendment to the ALWTRP. Comments on the proposed rule must be received by July 7, 2008.
Final Rule to Clarify Requirements for Use of Chain Mats to Protect Sea Turtles (5/21/08)
This rule clarifies the existing sea turtle conservation requirements for sea scallop dredge vessels and adds a transiting provision to the requirements.
Proposed Rule to Require Sea Turtle Control Devices in Longline Fisheries (5/21/08)
The rule, among other things, proposes to require sea turtle control devices in the pelagic longline and bottom longone fisheries to acheive and maintain low post-release mortality of sea turtles, and to increase safety at sea for fishermen when handling sea turtles caught or entangled in longline fishing gear. Written comments on this proposed rule must be received by June 16, 2008.
Temporary Rule to Protect Aggregation of Northern Right Whales off Maine (2/04/07)
These regulations, effective through February 14, 2008, apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximatley 2,637 square nautical miles, south of Rockland, Maine.
Pelagic Longline Exempted Fishing Permit Issued in Southeast Atlantic Closed Areas (2/04/07)
NOAA Fisheries has announced that it will allow research to proceed in portions of the East Florida Coast and Charleston Bump closed areas by pelagic longline vessels. Permitted research will be required to be carried out with 100 percent observer coverage on vessels and the use of 18/0 non-offset circle hooks to maintain scientific and conservation standards.
Temporary Rule to Protect Aggregation of Northern Right Whales off New Hampshire (2/04/07)
These regulations, effective through February 9, 2008, apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximatley 2,251 square nautical miles, southeast of Portsmouth, New Hampshire.
Final Rule to Revise Seabird Avoidance Measures for Alaska Fisheries (1/02/07) This rule, which pertains to the Alaska hook-and-line groundfish and halibut fisheries, strengthens gear standards for small vessels and eliminates certain seabird avoidance requirements that are not needed.
Final Rule to Require Vessel Monitoring Systems (VMS) in West Coast Fisheries (1/02/07)
This final rule requires all vessels fishing in the open access groundfish fishery, and all trawl vessels, to use VMS transcievers while fishing off the coasts of Washington, Oregon, and California. NOAA Fisheries has closed fishing areas off these states to, among other things, minimize the bycatch of overfished groundfish protected salmon species. This action is intended to improve the monitoring of compliance with closed areas through regular VMS transmissions of vessel locations for vessels subject to closed area restrictions.
NOAA Fisheries Publishes the Final List of Fisheries That Impact Marine Mammals for 2008 (12/17/07)
This list, required by the Marine Mammal Protection Act, reflects new information on interactions between commercial fisheries and marine mammals. NOAA Fisheries categorizes each commercial fishery on the list into one of three categories under the MMPA based upon the level of serious injury and mortality of marine mammals that occurs incidental to each fishery.
Final Rule to Implement Gear Modifications to Protect Large Whales
This final rule requires broad-based gear modifications designed to reduce accidental deaths and serious injuries for the Northern right whale, humpback whale, fin whale, and minke whales.
Final Rule to Reduce Salmon Bycatch in Alaska Groundfish Fisheries (11/20/07)
This rule amends regulations governing salmon bycatch in the Bering Sea and Aleutian Islands management area (BSAI). Specifically, this rule will enhance the effectiveness of salmon bycatch measures by means of an intercooperative agreement that establishes a dynamic system of area restrictions based on real-time information on where salmon populations are concentrated.
Proposed Rule to Reduce Sea Turtle Bycatch in Scallop Fishery (11/20/07)
NOAA Fisheries has re-proposed a rule regarding the chain-mat modified dredge requirements in the sea scallop fishery, with some modifications. The existing requirements resulted from two final rules: one issued in August 2006 and an emergency rule issued in November 2006. These actions were necessary to help reduce mortality and injury to endangered and threatened sea turtles captured in scallop dredge gear. This new proposed action would clarify the regulatory text regarding the chain-mat modified gear and add a transiting provision. Comments are due by December 10, 2007.
Temporary Gear Restrictions in Effect to Protect Recently Sighted Right Whales (11/13/07)
On October 16, 2007, an aerial survey reported an aggregation of seven right whales south of Portland, Maine. After confirming this sighting, NOAA Fisheries has announced that temporary gear restrictions will take effect, consistent with the current requirements of the Atlantic Large Whale Take Reduction Plan. These regulations apply to lobster trap/pot and anchored gillnet fishing gear in an area totaling approximately 2,305 square nautical miles, south of Portland, ME. The temporary restrictions are in effect from October 27 through November 10, 2007.
Proposed Rule to Modify Seabird Avoidance Measures off Alaska (11/13/07)
NOAA Fisheries has published a proposed rule that would revise the seabird avoidance measures for the Alaska hook-and-line groundfish and halibut fisheries. This rule would strengthen gear standards for small vessels and eliminate certain seabird avoidance requirements that are not needed. Comments on the proposed rule may be submitted through October 19, 2007.
Notice of Decision on Bycatch Research Permit Request (8/30/07)
NOAA Fisheries decided not to issue an exempted fishing permit requested by the Blue Water Fishermen's Association to collect data on the performance of circle hooks with regard to target catch and bycatch rates associated with pelagic lonline fishing activities inside existing closed areas off the East Coast. NOAA Fisheries is investigating additional means of obtaining these data.
Final Rule to Improve Monitoring of Sea Turtle Bycatch (8/30/07)
NOAA Fisheries has issued a rule under the Endangered Species Act to require fishing vessels in designated fisheries to take observers on board. Observers will help determine whether existing measures to reduce sea turtle bycatch are working, or whether new measures are needed. The new rule applies to designated fishing vessels operating in both state and federal waters, and to designated U.S. fishing vessels on the high seas.
Comments Requested on Information Collection Regarding the Gilnet Fishery (8/30/07)
Federal regulations limit the number of gillnets that can be used in certain fisheries in the Mid-Atlantic that appear to be most closely linked with accidental catch of harbor porpoises. NOAA Fisheries is seeking comments on the collection of information related to gillnet regulations. Comments may be submitted through September 24, 2007.
Comments Requested on Information Collection Regarding Sea Turtle Entanglements (8/30/07)
NOAA Fisheries is seeking comments on the collection of information on threatened and endangered sea turtles that become accidentally entangled in active or discarded fixed fishing gear. The information provided will help NOAA to better assess pot gear fisheries (lobster, whelk/conch, crab, fish trap) and their impacts on sea turtle populations in the northeast region (Maine to Virginia). Comments may be submitted through September 24, 2007.
Marine Mammal Stock Assessment Reports Available for Public Comment (7/5/07)
NOAA Fisheries has reviewed the Alaska, Atlantic, and Pacific regional marine mammal stock assessment reports in accordance with the Marine Mammal Protection Act. These reports contain information regarding the distribution and abundance of the stock, population growth rates and trends, estimates of annual human-caused mortality and serious injury from all sources, descriptions of the fisheries with which the stock interacts, and the status of the stock. Public comments may be submitted until September 26, 2007.
Final Rule to Protect Right Whales off the Southeast United States (7/5/07)
NOAA Fisheries has revised regulations implementing the Atlantic Large Whale Take Reduction Plan by expanding the Southeast U.S. Restricted Area and modifying regulations pertaining to gillnetting within the Southeast U.S. Restricted Area.
Proposed 2008 List of Commercial Fisheries with Marine Mammal Interactions Available for Public Comment (7/5/07)
NOAA Fisheries has published its proposed List of Fisheries for 2008, as required by the Marine Mammal Protection Act (MMPA). Each commercial fishery on the list is designated in one of three categories based upon the level of serious injury and mortality of marine mammals that occurs incidental to that fishery. The categorization of a fishery determines whether participants are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements. Public comments may be submitted until August 27, 2007.
Final Rule to Amend Drift Gillnet Regulations (6/21/07)
NOAA Fisheries has amended the regulations governing closures of the drift gillnet fishery in the Pacific Loggerhead Conservation Area during El Nino events. These regulations are necessary to avoid jeopardizing loggerhead sea turtles by clarifying the time period in which the area is to be closed and the methods that NOAA will use to determine if an El Nino event is occurring or forecast to occur.
Affirmative Finding under the
MMPA Renewed for Ecuador (6/21/07)
NOAA Fisheries has renewed the affirmative finding for the Republic of Ecuador
under the Marine Mammal Protection Act (MMPA). This finding will allow yellowfin
tuna harvested in the eastern tropical Pacific Ocean in compliance with the International
Dolphin Conservation Program by Ecuadorian-flag purse seine vessels or purse
seine vessels operating under Ecuadorian jurisdiction to be imported into the
United States. This decision is effective through March 31, 2008.
Final Rule to Monitor and Prevent
Interactions between Coastal Pelagic Fishermen and Southern Sea Otters (6/21/07)
This rule requires coastal pelagic fishermen and vessel operators to employ avoidance
measures when southern sea otters are present in the area they are fishing, and
report any interactions that may occur between their vessel and/or fishing gear
and sea otters.
Temporary Rule to Implement
Gear Restrictions to Protect Right Whales off Massachusetts (7/20/07)
After aggregations of endangered right whales were spotted in an area
off Massachusetts, NOAA Fisheries decided to prohibit lobster trap/pot
and anchored gillnet gear in the area for a 15-day restricted period,
unless it is modified in the manner described in the temporary rule. These
regulations apply to lobster trap/pot and anchored gillnet fishermen
in an area totaling approximately 3,370 square nautical miles east of
Chatham, MA, and are in effect through July 27, 2007.
Affirmative Finding under the MMPA Renewed for Spain and El
Salvador (5/14/07)
NOAA Fisheries has renewed the affirmative finding for the Governments
of Spain and El Salvador under the Marine Mammal Protection Act (MMPA). These
affirmative findings, which are effective through March 31, 2008, will
allow yellowfin tuna harvested in the eastern tropical Pacific Ocean
in compliance with the International Dolphin Conservation Program by
purse seine vessels flagged under these two nations, or purse seine vessels
operating under their jurisdiction, to be imported into the United States.
NOAA Publishes Annual List
of Commercial Fisheries Impacting Marine Mammals
NOAA Fisheries has published its final List of Fisheries for 2007, as required
by the Marine Mammal Protection Act. The final List of Fisheries for 2007 reflects
new information on interactions between commercial fisheries and marine mammals.
New
Analysis of Seabird Avoidance Measures
NOAA Fisheries has prepared an environmental assessment of seabird avoidance
measures in the hook-and-line fisheries off Alaska.
NOAA Extends Comment Period
on Changes to Turtle Excluder Devices (TEDs)
Comments are invited through May 18, 2007, on possible changes including increasing
the size of the TED escape opening in the summer flounder fishery; requiring
the use of TEDs in the flynet, whelk, calico scallop, and Mid-Atlantic sea scallop
trawl fisheries; and moving the current northern boundary of the Summer Flounder
Fishery-Sea Turtle Protection Area off Cape Charles, VA, to a point farther north.
New List of Approved
Models for Sea Turtle Release Gear
NOAA Fisheries has published a revised list of approved
equipment models that meet the minimum design specifications for the careful
release of sea turtles. These models meet the requirements for gear that must
be carried on board Atlantic pelagic and bottom longline vessels.
Final Rule to Address Bycatch in Commercial
Shark Fishery
This rule will implement additional handling, release, and disentanglement
requirements for sea turtles and other non-target species caught in the commercial
shark bottom longline fishery.
Final Rule Requires Faster Action
to Protect Sea Turtles off Hawaii
The Hawaii-based pelagic longline fishery for swordfish,
tunas, and related species is managed under strict annual limits
on the number of interactions that can occur between longline
fishing operations and sea turtles. This final rule provides
for immediate closure of the Hawaii-based shallow-set longline
fishery when annual limits are reached.
Gear Restrictions in Place to Protect Right Whales off New England
These regulations, which prohibit lobster trap/pot and anchored gillnet gear in an area southeast of Boston for a 15-day restricted period unless it is modified in the manner described in a temporary rule, apply to lobster trap/pot and anchored gillnet fishermen through April 5, 2007.
NOAA Fisheries Seeks Comments on Changes to Turtle Excluder Devices (TEDs)
Comments are invited on possible changes including increasing the size of the TED escape opening in the summer flounder fishery; requiring the use of TEDs in the flynet, whelk, calico scallop, and Mid-Atlantic sea scallop trawl fisheries; and moving the current northern boundary of the Summer Flounder Fishery-Sea Turtle Protection Area off Cape Charles, VA, to a point farther north. Comments will be accepted until March 19, 2007.
Temporary Gear Restrictions in Effect to Protect Right Whales
Arial surveys spotted several right whales off the coasts of New Hampshire and Maine on February 21 and 22. As a result, temporary regulations were put into effect for lobster trap/pot and anchored gillnet fishermen off those states. Restrictions in these areas are in effect through 2400 hours on March 18, 2007.
Mid-Atlantic Fishing Gear Inspection Program Proposed to Protect Sea Turtles
NOAA Fisheries is proposing to establish an inspection program for modified pound net leaders in the Virginia waters of the mainstem Chesapeake Bay. Comments on this action may be submitted through 5pm, EDT, on April 2, 2007.
Proposed Rule Clarifies Process for Closure of Drift Gillnet Fisheries to Protect Pacific Coast Sea Turtles
NOAA Fisheries Service has proposed to amend regulations governing closures of the California/Oregon swordfish/thresher shark drift gillnet fishery in the Pacific Loggerhead Conservation Area during El Nino events. Comments on the proposed rule are due by March 1, 2007.
Temporary Gear Restrictions to Protected Right Whales off New England
The use of lobster traps/pots and anchored gillnet gear is prohibited in the proximity of Jeffreys Bank (approximately 80nm east of Portland, ME) through February 20, 2007, due to the sighting of an aggregation of northern right whales.
Comment Period Reopened on Proposal to Protect Right Whales
In November 2006 , NOAA proposed to revise the regulations implementing the Atlantic Large Whale Take Reduction Plan. The proposal is designed to protect endangered right whales from serious injury or mortality caused by entanglement in gillnet gear in their calving area. Written comments on this proposed rule must be received by 5pm EST on January 31, 2007.
Proposed Rule to Protect Turtles in Hawaii Waters from Fishing Impacts
The Hawaii-based pelagic longline fishery for swordfish, tunas, and related species is managed under strict annual limits on the number of interactions that can occur between longline fishing operations and sea turtles. The annual limits on physical interactions are set at 16 for leatherback sea turtles, and 17 for loggerhead sea turtles. This proposed rule would allow immediate closure of the Hawaii-based shallow-set longline fishery when either of the annual limits is reached. Comments on the proposed rule may be submitted through January 31, 2007.
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