Continuing Operation of the Pacific Coast Groundfish Fishery

1. Continuing Operation of the Pacific Coast Groundfish Fishery Overview of U.S. Fish and Wildlife Service Biological Opinion Laura Todd Newport Field Office U.S. Fish and Wildlife Service

2. Overview FWS Biological Opinion Lead: Oregon Fish & Wildlife Office (Newport Field Office) for Oregon, Washington, and California • Action: Continuing Operation of the Pacific Coast Groundfish Fishery • Issued: November 21, 2012 • Affected Species: • Adverse effect: Short-tailed albatross • Not likely to adversely affect: Marbled murrelet, California least tern, Southern sea otter, Bull trout • Effects: Bycatch or entanglement in fishing gear; No jeopardy • Incidental Take Authorized: Based on a species’ surrogate – Black-footed albatross – annual average of one Short-tailed albatross/year

3. Incidental Take Authorized • Used Black-footed albatross as an indicator of Short-tailed albatross mortality. • Greater abundance • Similar biology, habitat, and range within the action area • Greater likelihood of observing take Juvenile short-tailed (top) and black-footed (bottom) albatross

4. Incidental Take Authorized • Risk assessment analyzed uncertainty of detecting short-tailed injury or mortality • Calculated the likely take from data for the more abundant Black-footed albatross, including: • Uncertainty of observing hooked albatross (i.e., drop off rate) • Comparative populations sizes • Published mortality rates • Comparative area of species overlap • Estimated annual take of 0.8 individuals/year  1 individual/year • Since actual take levels may vary annually, the average estimated or observed take should not exceed two over a two-year period.

5. RPMs and T&Cs • Management Planning • Take Monitoring • Take Reporting • Species-Specific Measures • Observer Program biological sampling requirements

6. RPMs and T&Cs • Minimize the risk of short-tailed albatross (STAL) interacting with hooks and lines (reduce the likelihood that they will attack the baited hooks). • Establish Pacific Coast Groundfish and Endangered Species Workgroup (PCGW) • Monitor and report take. • Salvage short-tailed albatross carcasses.

7. Progress Implementing RPMs & T&Cs RPM 1: Minimize Interaction with Hooks and Lines, T&C 1– • Regulations to mandate the use of streamer lines in the commercial longline fishery for non-tribal vessels 55 feet length or greater. • Encourage the continuation of the voluntary efforts for smaller vessels to use streamer lines. • NMFS develop regulations following the Alaska streamer line regulations for Federal waters within two years of BO • Provide assistance to the Tribes with implementation of streamer use on tribal vessels. • Encourage and assist with the development of Tribal regulations requiring streamer use as information and resources become available.

8. Progress Implementing RPMs & T&Cs RPM 1: Minimize Interaction with Hooks and Lines, T&C 2– • Deliver training workshops on vessel instructions for proper use of streamer lines, including • Status and observations of short-tailed albatross • Notification requirements • Disposition of specimens

9. Progress Implementing (Cont.) RPM 2: Establish Pacific Coast Groundfish and Endangered Species Workgroup, T&C 1: • Identify membership within 8 mos.  • Invite PFMC and USFWS to develop points of contact, and draft terms of reference within 6 mos.  • Convene on a biennial basis  • Workgroup recommends and NMFS adopt the final terms of reference, ideally within 12 months, to document: • purpose and structure of the group, • the basis for key recommendations, • staff points of contact and their roles and responsibilities • resources needed to accomplish the workgroup purpose • breakdown of anticipated work schedules

10. Progress Implementing (Cont.) RPM 2: Establish Pacific Coast Groundfish and Endangered Species Workgroup, T&C 2: • Review new information & develop recommendations regarding changes to groundfish fishery to reduce take. • Examples: • developing new analyses or reports, • changes to sampling protocols, • additional conservation measures to implement, • updating species risk assessments, and • advise if reinitiation is warranted.

11. Progress Implementing (Cont.) RPM 3: Monitor and report all observed, reported and estimated take, T&C 1: Update the Pacific Coast Groundfish Observer Program to include specific guidance for endangered or threatened species: • Prioritize monitoring of longline gear deployment to document the efficacy of the streamer lines in minimizing interactions with short-tailed albatrosses. • Update Biological sampling protocol to include requirements for disposition of short-tailed albatross specimens • Collect data on derelict gear (type, location, and manner of loss). • USFWS review and approve updated observer instructions prior to implementation. • Monitoring results, including derelict gear, in a biennial report

12. Progress Implementing (Cont.) RPM 3: Monitor and report all observed, reported and estimated take, T&C 2: • Regulation changes that require mandatory notification when take occurs • USFWS Law Enforcement • NMFS’ Sustainable Fisheries Division, Assistant Regional Administrator • Observer completes notification requirements if on board.

13. Progress Implementing (Cont.) RPM 3: Monitor and report observed, reported and estimated take, T&C 3: • Biennial report of any pertinent new information and documented effects • Following data required. • Telemetry data. • Observer program data on all short-tailed albatross vessel and gear interactions/injury/mortality. • Any additional reports of short-tailed albatross vessel and gear interactions/injury/mortality. • Fishing effort • Observer program data on all observed black-footed albatross vessel and gear interactions/injury/mortality for surrogate analysis. • Type and spatial and temporal characteristics of derelict gear observed, including gear lost while fishing and other observed derelict gear at sea. • Vessel operator training efforts

14. Progress Implementing (Cont.) RPM 3: Monitor and report observed, reported and estimated take, T&C 4-6: • Update the risk assessment for short-tailed albatross as recommended by the Workgroup or when reinitiation of consultation is required. • Consult with the Workgroup to consider methods for accounting for take of short-tailed albatross in unobserved fisheries. • Maintain current levels of observer coverage unless an analysis has been completed that shows lower levels of observer coverage is acceptable for estimating harm to black-footed or short-tailed albatross.

15. Progress Implementing (Cont.) RPM 4: Disseminate short-tailed albatross disposition instructions, T&C 1: • If a dead, injured, or sick short-tailed albatross individual is located, call USFWS. Observer is responsible if on board, otherwise the boat captain is responsible. • Ensure effective treatment of sick or injured specimens to and preserve dead specimens for later analysis by. • Live birds must be retained in a safe location. Release overboard if appropriate (conditions in BO) • Injured or sick albatross are to be retained in a safe location. • Dead short-tailed albatross must be frozen immediately (-40°F), with appropriate identification (in BO) • Live or dead birds must be surrendered as soon as possible.

16. Progress Implementing (Cont.) RPM 4: Disseminate short-tailed albatross disposition instructions, T&C 1: • If a dead, injured, or sick short-tailed albatross individual is located, call USFWS. Observer is responsible if on board, otherwise the boat captain is responsible. • Ensure effective treatment of sick or injured specimens to and preserve dead specimens for later analysis by. • Live birds must be retained in a safe location. Release overboard if appropriate (conditions in BO) • Injured or sick albatross are to be retained in a safe location. • Dead short-tailed albatross must be frozen immediately (-40°F), with appropriate identification (in BO) • Live or dead birds must be surrendered as soon as possible.

17. Conservation Recommendations • Calculate observer coverage level within the Pacific Coast Groundfish Fishery that will provide adequate data to predict harm to black-footed albatross within a reasonable tolerance. • Calculate observer coverage level within the Pacific Coast Groundfish Fishery that will provide adequate data to predict harm to short-tailed albatross within a reasonable tolerance. • Observer coverage for the Pacific Coast Groundfish Fishery should be kept at or above a level that allows adequate data collection to accurately predict harm of short-tailed albatross.