1. Pacific Coast Groundfish Bycatch Management for Protected Species Implementing NOAA Fisheries’ Biological Opinion West Coast Region Alison Agness 1, Steve Copps 1, Jon McVeigh 2, and Chuck Tracey 3 1 NOAA Fisheries West Coast Region 2 NOAA Fisheries Northwest Fisheries Science Center 3 Pacific Fishery Management Council Staff November 12, 2013

2. Background What 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. U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 2

3. 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, 2013 U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 3

4. 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). U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 4

5. Pacific Coast Groundfish RPMs and T&Cs Management Planning Take Reporting Take Monitoring Species-Specific Measures Mainly related to Observer Program biological sampling U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 5 _________________________________________

6. 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 U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 6

7. 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) U.S. Department of Commerce | National Oceanic and Atmospheric Administration | NOAA Fisheries | Page 7

8. 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 SpeciesFisheriesSource Green 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 fisheryJannot et al. 2011 and stranding records

9. 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

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