Whale entanglement reports off the U.S. West Coast have increased since 2013 with humpback whales being the most common species entangled across all gear types and origins. Recent increases of entanglements in West Coast fisheries pose significant challenges for fisheries management because of the current difficulty to differentiate among gear types that could be the source of an entanglement. Better understanding of the origin (fishery and gear type) of entanglements could improve fishery managers’ ability to design effective entanglement risk reduction measures. 

In October 2020, NMFS finalized the Endangered Species Act (ESA) Section 7(a)(2) Biological Opinion – Continuing Operation of the Pacific Coast Groundfish Fishery (PCGF) (Reinitiation 2020) – Humpback whale (Megaptera novaeangliae) (2020 Humpback BiOp). While the proposed action was determined to not likely jeopardize the continued existence of the Mexico or Central America distinct population segments, the terms and conditions required NMFS in cooperation with the Council) to investigate methods and feasibility associated with implementing additional pot gear marking regulations for the groundfish fishery.  

A workshop titled “Improving Gear Marking in the U.S. West Coast Sablefish Pot Fishery” was held in November 2022 (Agenda Item F.3.a, NMFS Report 1, March 2023) At the March 2023 Council meeting, the PFMC reviewed the results and recommendations of the workshop.  NMFS Report 3 under that agenda item also included a recommendation to expand the scoping of gear marking for bottom longline (longline) gear based on the conservation recommendation from a final Concurrence Letter regarding the continued operation of the groundfish fishery and the effects of the fishery on Southern Resident killer whales. The Council then scheduled an agenda item to scope the development of gear marking requirements for all groundfish fixed gear (pot and longline) and entanglement risk reduction measures at the June 2023 Council meeting (Agenda Item F.3.a, NMFS Report 1, March 2023).   

In June 2024, the Council adopted a final preferred alternative that would apply to vessels using bottom longline or pot gear in the limited entry fixed gear, directed open access or shorebased individual fishing quota sectors: 

Buoy Marking: Require cattle ear tags with identification information attached to the molded eye of each surface buoy in a gear-specific marking (shape/color) 

Line Marking: Require gear-specific line marking as follows: 

• Portion of line marked: Vertical line only 
• Distance of line marked: At least the top 20 fm of the vertical line starting where it attaches to the main buoy closest to the groundline 
• Method of Marking: Multi-color manufactured line.  Continuous temporary markings in alternating bands of gear-specific colors would be allowed for a transition period 
• Transition period: Required transition to manufactured line only in three years 

Surface Gear Requirements: Fixed gear vessels may choose to only use surface gear (buoys and flags) on one terminal end of the groundline. 

Surface Line Limitation: Limit the amount of surface line permitted for fixed gears to a maximum length of 10 fm. 

The Council also recommended changes to the biodegradable escape panel regulations to add clarification to prohibit panel placement at bottom of pot, with exception for slinky pots (which do not have a bottom). Additionally, the Council recommended changing the thread count of the line used to close the biodegradable panel from No. 21 to No. 30 or smaller untreated cotton twine. 

Finally, the Council gave guidance to NMFS to develop a best practices guide.