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Hawaii FEP - Western Pacific Fishery Council

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This two-tiered approach first addresses the total impact of all fisheries on each marine mammalstock and then addresses the impact of individual fisheries on each stock. This approach is basedon the rate, in numbers of animals per year, of incidental mortalities and serious injuries ofmarine mammals due to commercial fishing operations relative to a stock’s Potential BiologicalRemoval (PBR) level. The PBR level is defined in 50 CFR 229.2 as the maximum number ofanimals, not including natural mortalities that may be removed from a marine mammal stockwhile allowing that stock to reach or maintain its optimum sustainable population.Tier 1:If the total annual mortality and serious injury across all fisheries that interact with a stock is lessthan or equal to 10 percent of the PBR level of this stock, all fisheries interacting with this stockwould be placed in Category III. Otherwise, these fisheries are subject to the next tier of analysisto determine their classification.Tier 2:Category I: Annual mortality and serious injury of a stock in a given fishery is greater than orequal to 50 percent of the PBR level.Category II: Annual mortality and serious injury of a stock in a given fishery is greater than 1percent and less than 50 percent of the PBR level.Category III: Annual mortality and serious injury of a stock in a given fishery is less than orequal to 1 percent of the PBR level.All of the demersal fisheries conducted in waters around the <strong>Hawaii</strong> Archipelago are listed asCategory III (73 FR 73032, December 1, 2008). Fisheries managed under this <strong>FEP</strong> are notexpected to change their historical fishing operations or patterns as a result of implementation ofthe <strong>FEP</strong>. Therefore, no increased impacts on marine mammals that occur in the waters aroundthe <strong>Hawaii</strong> Archipelago are expected. The regulations governing Category III fisheries (found at50 CFR 229.5) are listed below:§ 229.5 Requirements for Category III fisheries.• (a) General. Vessel owners and crew members of such vessels engaged only in CategoryIII fisheries may incidentally take marine mammals without registering for or receivingan Authorization Certificate.• (b) Reporting. Vessel owners engaged in a Category III fishery must comply with thereporting requirements specified in §229.6.• (c) Disposition of marine mammals. Any marine mammal incidentally taken must beimmediately returned to the sea with a minimum of further injury unless directedotherwise by NMFS personnel, a designated contractor, or an official observer, orauthorized otherwise by a scientific research permit in the possession of the operator.• (d) Monitoring. Vessel owners engaged in a Category III fishery must comply with theobserver requirements specified under §229.7(d).• (e) Deterrence. When necessary to deter a marine mammal from damaging fishing gear,catch, or other private property, or from endangering personal safety, vessel owners andcrew members engaged in commercial fishing operations must comply with all231

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