NOAA Fisheries presented a biological opinion (BiOp) on March 20 that reinitiated consultation for ESA‑listed humpback whales and leatherback sea turtles and concluded the continued operation of the Pacific Coast groundfish fishery is "not likely to jeopardize" the Mainland Mexico or Central America distinct population segments (DPSs) of humpback whales or leatherback sea turtles, and is not likely to result in adverse modification of designated critical habitat.

The decision and how it was reached

Dan Lawson of NOAA described the agency’s review, which used observer records, electronic monitoring reports and species distribution models to estimate co‑occurrence of fishing effort and marine megafauna. NOAA considered recent, unexpected entanglements in fixed‑gear (pot) and midwater trawl sectors and updated bycatch estimates, then apportioned anticipated takes to DPSs using spatial patterns of overlap and DPS proportions by region. The BiOp presents best‑available annual and 5‑year running average take expectations and applies mortality/serious‑injury rates consistent with the observed record.

Key numeric findings and assumptions summarized by NOAA

- Observed interactions and reporting: Six entanglement events were discussed for the pot and fixed‑gear fisheries (three observed by observers, three opportunistic reports), five since 2011; two recent midwater trawl entanglements in 2023–24 were reported via EM and fishermen.

- Humpback expected takes (agency summary): using recent maxima and running averages, NOAA estimated an annual maximum of 3.28 takes attributable to the Mainland Mexico DPS (five‑year running average 1.34) and an annual maximum of 2.11 takes for the Central America DPS (five‑year running average 0.90). Mortality and serious injury rates vary by gear type and sector; pot gear carries relatively high mortality/serious‑injury rates in modeled scenarios.

- Leatherback expected takes: using sparse observations and habitat suitability models, NOAA estimated an annual maximum of up to 1.67 leatherback takes and a five‑year running average of 0.86; given gear types and historical outcomes, agency analyses treated leatherback entanglement outcomes as likely mortality.

- Context metrics: NOAA referenced MMPA stock assessments and potential biological removal (PBR) values in its explanatory framework (for example, a Mainland Mexico West Coast stock abundance estimate cited in the presentation and a illustrative PBR for U.S. waters).

Terms, monitoring and discretionary recommendations

Lawson said the BiOp includes six terms and conditions the agency will use for monitoring and reporting; many emphasize better attribution of entanglement reports, expanded and clearer gear‑marking records, and improved effort reporting to support future bycatch estimation. NOAA recommended continued evaluation of voluntary risk‑reduction measures, outreach to encourage adoption, targeted collection of gear configuration information (pot weight, buoy‑line counts and sizes, groundline sizes), and exploration of pop‑up / on‑demand gear as a potential mitigation technology for pots. The agency emphasized interest in improved data collection in e‑logbooks and observer/EM systems to reduce uncertainty in bycatch estimation.

Advisory‑body response and public comment

The Groundfish Advisory Subpanel (GAP) urged faster, clearer data fields in the West Coast groundfish e‑logbook and suggested specific gear fields that would help attribute entanglements and improve statistical analyses: number of buoy lines per set, separate gear‑loss fields for pots/skates/buoy‑line/surface gear, and gear characteristic fields (buoy line size, groundline size, pot weight, anchor weight). GAP also asked NOAA to publish a best‑practices guidance to help fishermen and observers submit photos and incident data in a timely, consistent way to inform investigations, and highlighted concerns about many entanglements being of ‘‘unidentified origin’’ prior to fixed‑gear marking rules.

Public commenters from industry praised outreach and asked for clear guidance so captains can document interactions; fixed‑gear and midwater trawl participants offered to share photos and volunteered to cooperate on incident interviews and data provision.

Council process and next steps

Council staff framed the item as an informational briefing; the BiOp is an agency determination and not a council action. Council members discussed the pace of the forthcoming Take Reduction Team (TRT) appointment process and the potential for TRT membership to include a range of stakeholders; NOAA noted TRT appointments come from agency leadership and timing is uncertain. Members and advisory bodies urged rapid implementation of improved data fields and gear‑marking measures and asked NOAA to continue outreach and to return with analyses of 2023–24 trawl information to better understand midwater trawl interactions.

Ending

NOAA concluded by listing several discretionary conservation recommendations that could further reduce entanglement risk if adopted voluntarily or in coordinated measures; the council supported continuing dialogue, requested improved reporting and data fields, and prepared to participate in the TRT and follow‑up rulemaking or guidance as needed.