Harbor Porpoise Take Reduction Plan Regulations

The Harbor Porpoise Take Reduction Plan -- The Marine Mammal Protection Act (MMPA) directs NOAA Fisheries Service to reduce marine mammal injuries and deaths caused by fishing gear. In particular, the MMPA requires the federal government to protect any marine mammal stock in which the Potential Biological Removal (PBR) level is being exceeded. PBR is defined as the number of human-caused deaths the stock can withstand annually and still reach and maintain an optimum population level.

On September 11, 1998, NOAA Fisheries Service published a proposed rule to implement the Harbor Porpoise Take Reduction Plan (HPTRP). That proposed rule addressed both the Gulf of Maine and the Mid-Atlantic coastal waters. At the same time, NOAA Fisheries Service published the HPTRP and an Environmental Assessment and Final Regulatory Flexibility Analysis.

A proposed rule for the Gulf of Maine only was published earlier (in August 1997). The September 1998 proposed rule replaced the earlier proposed rule and offered the first harbor porpoise TRP regulations for the Mid-Atlantic coastal waters.

On December 1, 1998, NMFS published a final rule in the Federal Register to implement the Harbor Porpoise Take Reduction Plan (HPTRP). The HPTRP was developed to reduce interactions between harbor porpoises and commercial gillnet gear capable of catching multispecies in both the Gulf of Maine and the Mid-Atlantic. Subsequent to the final rule publication, a correction notice to the final rule was published on December 23, 1998. In addition, a final rule was published on January 11, 2001 to modify the list of exempted waters to include all of Delaware Bay.

Goal – The long term goal of the Harbor Porpoise Take Reduction Plan is to reduce takes of harbor porpoises to a zero mortality rate goal (ZMRG) of 10% of PBR. The most recent US and Gulf of Mexico marine mammal stock assessment report provides the most current information about the harbor porpoise population, including the PBR level.

• Harbor Porpoise Take Reduction Plan Final Rule (December 2, 1998)
• HPTRP Final Environmental Assessment (November 24, 1998)
• Correction Notice (December 23, 1998)
• Change to the List of Exempted Waters (Delaware Bay)(January 11, 2001)