[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53336-53363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21054]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 121024581-3714-02]
RIN 0648-BC71


List of Fisheries for 2013

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
final List of Fisheries (LOF) for 2013, as required by the Marine 
Mammal Protection Act (MMPA). The final LOF for 2013 reflects new 
information on interactions between commercial fisheries and marine 
mammals. NMFS must classify each commercial fishery

[[Page 53337]]

on the LOF into one of three categories under the MMPA based upon the 
level of serious injury and mortality of marine mammals that occurs 
incidental to each fishery. The classification of a fishery on the LOF 
determines whether participants in that fishery are subject to certain 
provisions of the MMPA, such as registration, observer coverage, and 
take reduction plan (TRP) requirements. The fishery classifications and 
list of marine mammal stocks incidentally injured or killed described 
in the Final LOF for 2012 remain in effect until the effective date of 
the Final LOF for 2013.

DATES: This final rule is effective September 29, 2013.

ADDRESSES: Comments regarding the burden-hour estimates, or any other 
aspect of the collection of information requirements contained in this 
rule, should be submitted in writing to Chief, Marine Mammal and Sea 
Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910, or to Stuart Levenback, 
OMB, by email to [email protected].

FOR FURTHER INFORMATION CONTACT: Lisa White, Office of Protected 
Resources, 301-427-8494; Allison Rosner, Northeast Region, 978-281-
9328; Jessica Powell, Southeast Region, 727-824-5312; Elizabeth Petras, 
Southwest Region, 562-980-3238; Brent Norberg, Northwest Region, 206-
526-6550; Bridget Mansfield, Alaska Region, 907-586-7642; Nancy Young, 
Pacific Islands Region, 808-944-2282. Individuals who use a 
telecommunications device for the hearing impaired may call the Federal 
Information Relay Service at 1-800-877-8339 between 8 a.m. and 4 p.m. 
Eastern time, Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION: 

What is the list of fisheries?

    Section 118 of the MMPA requires NMFS to place all U.S. commercial 
fisheries into one of three categories based on the level of incidental 
serious injury and mortality of marine mammals occurring in each 
fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the 
LOF determines whether participants in that fishery may be required to 
comply with certain provisions of the MMPA, such as registration, 
observer coverage, and take reduction plan requirements. NMFS must 
reexamine the LOF annually, considering new information in the Marine 
Mammal Stock Assessment Reports (SARs) and other relevant sources, and 
publish in the Federal Register any necessary changes to the LOF after 
notice and opportunity for public comment (16 U.S.C. 1387(c)(1)(C)).

How does NMFS determine in which category a fishery is placed?

    The definitions for the fishery classification criteria can be 
found in the implementing regulations for section 118 of the MMPA (50 
CFR 229.2). The criteria are also summarized here.

Fishery Classification Criteria

    The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all 
fisheries on each marine mammal stock and then addresses the impact of 
individual fisheries on each stock. This approach is based on 
consideration of the rate, in numbers of animals per year, of 
incidental mortalities and serious injuries of marine mammals due to 
commercial fishing operations relative to the potential biological 
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C. 
1362(20)) defines the PBR level as the maximum number of animals, not 
including natural mortalities, that may be removed from a marine mammal 
stock while allowing that stock to reach or maintain its optimum 
sustainable population. This definition can also be found in the 
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
    Tier 1: If the total annual mortality and serious injury of a 
marine mammal stock, across all fisheries, is less than or equal to 10 
percent of the PBR level of the stock, all fisheries interacting with 
the stock would be placed in Category III (unless those fisheries 
interact with other stock(s) in which total annual mortality and 
serious injury is greater than 10 percent of PBR). Otherwise, these 
fisheries are subject to the next tier (Tier 2) of analysis to 
determine their classification.
    Tier 2, Category I: Annual mortality and serious injury of a stock 
in a given fishery is greater than or equal to 50 percent of the PBR 
level (i.e., frequent incidental mortality and serious injuries of 
marine mammals).
    Tier 2, Category II: Annual mortality and serious injury of a stock 
in a given fishery is greater than 1 percent and less than 50 percent 
of the PBR level (i.e., occasional incidental mortality and serious 
injuries of marine mammals).
    Tier 2, Category III: Annual mortality and serious injury of a 
stock in a given fishery is less than or equal to 1 percent of the PBR 
level (i.e., a remote likelihood or no known incidental mortality and 
serious injuries of marine mammals).
    While Tier 1 considers the cumulative fishery mortality and serious 
injury for a particular stock, Tier 2 considers fishery-specific 
mortality and serious injury for a particular stock. Additional details 
regarding how the categories were determined are provided in the 
preamble to the final rule implementing section 118 of the MMPA (60 FR 
45086, August 30, 1995).
    Because fisheries are classified on a per-stock basis, a fishery 
may qualify as one Category for one marine mammal stock and another 
Category for a different marine mammal stock. A fishery is typically 
classified on the LOF at its highest level of classification (e.g., a 
fishery qualifying for Category III for one marine mammal stock and for 
Category II for another marine mammal stock will be listed under 
Category II).

Other Criteria That May Be Considered

    There are several fisheries on the LOF classified as Category II 
that have no recent documented injuries or mortalities of marine 
mammals, or fisheries that did not result in a serious injury or 
mortality rate greater than 1 percent of a stock's PBR level based on 
known interactions. NMFS has classified these fisheries by analogy to 
other Category I or II fisheries that use similar fishing techniques or 
gear that are known to cause mortality or serious injury of marine 
mammals, or according to factors discussed in the final LOF for 1996 
(60 FR 67063, December 28, 1995) and listed in the regulatory 
definition of a Category II fishery, ``In the absence of reliable 
information indicating the frequency of incidental mortality and 
serious injury of marine mammals by a commercial fishery, NMFS will 
determine whether the incidental serious injury or mortality is 
``frequent,'' ``occasional,'' or ``remote'' by evaluating other factors 
such as fishing techniques, gear used, methods used to deter marine 
mammals, target species, seasons and areas fished, qualitative data 
from logbooks or fisher reports, stranding data, and the species and 
distribution of marine mammals in the area, or at the discretion of the 
Assistant Administrator for Fisheries'' (50 CFR 229.2).
    Further, eligible commercial fisheries not specifically identified 
on the LOF are deemed to be Category II fisheries until the next LOF is 
published (50 CFR 229.2).

How does NMFS determine which species or stocks are included as 
incidentally killed or injured in a fishery?

    The LOF includes a list of marine mammal species or stocks 
incidentally

[[Page 53338]]

killed or injured in each commercial fishery. To determine which 
species or stocks are included as incidentally killed or injured in a 
fishery, NMFS annually reviews the information presented in the current 
SARs. The SARs are based upon the best available scientific information 
and provide the most current and inclusive information on each stock's 
PBR level and level of interaction with commercial fishing operations. 
NMFS also reviews other sources of new information, including observer 
data, stranding data, and fisher self-reports.
    In the absence of reliable information on the level of mortality or 
injury of a marine mammal stock, or insufficient observer data, NMFS 
will determine whether a species or stock should be added to, or 
deleted from, the list by considering other factors such as: Changes in 
gear used, increases or decreases in fishing effort, increases or 
decreases in the level of observer coverage, and/or changes in fishery 
management that are expected to lead to decreases in interactions with 
a given marine mammal stock (such as a TRP or a fishery management plan 
(FMP)). In these instances, NMFS will provide case-specific 
justification in the LOF for changes to the list of species or stocks 
incidentally killed or injured.

How does NMFS determine the levels of observer coverage in a fishery on 
the LOF?

    Data obtained from the observer program and observer coverage 
levels are important tools in estimating the level of marine mammal 
mortality and serious injury in commercial fishing operations. The best 
available information on the level of observer coverage and the spatial 
and temporal distribution of observed marine mammal interactions is 
presented in the SARs. Starting with the 2005 SARs, each SAR includes 
an appendix with detailed descriptions of each Category I and II 
fishery on the LOF, including observer coverage in those fisheries. The 
SARs generally do not provide detailed information on observer coverage 
in Category III fisheries because, under the MMPA, Category III 
fisheries are not required to accommodate observers aboard vessels due 
to the remote likelihood of mortality and serious injury of marine 
mammals. Fishery information presented in the SARs' appendices may 
include: Level of observer coverage, target species, levels of fishing 
effort, spatial and temporal distribution of fishing effort, 
characteristics of fishing gear and operations, management and 
regulations, and interactions with marine mammals. Copies of the SARs 
are available on the NMFS Office of Protected Resources Web site at: 
http://www.nmfs.noaa.gov/pr/sars/. Information on observer coverage 
levels in Category I and II fisheries can also be found in the Category 
I and II fishery fact sheets on the NMFS Office of Protected Resources 
Web site: http://www.nmfs.noaa.gov/pr/interactions/lof/. Additional 
information on observer programs in commercial fisheries can be found 
on the NMFS National Observer Program's Web site: http://www.st.nmfs.gov/st4/nop/.

How do I find out if a specific fishery is in Category I, II, or III?

    This rule includes three tables that list all U.S. commercial 
fisheries by LOF Category. Table 1 lists all of the commercial 
fisheries in the Pacific Ocean (including Alaska); Table 2 lists all of 
the commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and 
Caribbean; and Table 3 lists all U.S.-authorized commercial fisheries 
on the high seas. A fourth table, Table 4, lists all commercial 
fisheries managed under applicable TRPs or take reduction teams (TRT).

Are high seas fisheries included on the LOF?

    Beginning with the 2009 LOF, NMFS includes high seas fisheries in 
Table 3 of the LOF, along with the number of valid High Seas Fishing 
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues 
HSFCA permits only for high seas fisheries analyzed in accordance with 
the National Environmental Policy Act (NEPA) and the Endangered Species 
Act (ESA). The authorized high seas fisheries are broad in scope and 
encompass multiple specific fisheries identified by gear type. For the 
purposes of the LOF, the high seas fisheries are subdivided based on 
gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to 
provide more detail on composition of effort within these fisheries. 
Many fisheries operate in both U.S. waters and on the high seas, 
creating some overlap between the fisheries listed in Tables 1 and 2 
and those in Table 3. In these cases, the high seas component of the 
fishery is not considered a separate fishery, but an extension of a 
fishery operating within U.S. waters (listed in Table 1 or 2). NMFS 
designates those fisheries in Tables 1, 2, and 3 by a ``*'' after the 
fishery's name. The number of HSFCA permits listed in Table 3 for the 
high seas components of these fisheries operating in U.S. waters does 
not necessarily represent additional effort that is not accounted for 
in Tables 1 and 2. Many vessels/participants holding HSFCA permits also 
fish within U.S. waters and are included in the number of vessels and 
participants operating within those fisheries in Tables 1 and 2.
    HSFCA permits are valid for five years, during which time FMPs can 
change. Therefore, some vessels/participants may possess valid HSFCA 
permits without the ability to fish under the permit because it was 
issued for a gear type that is no longer authorized under the most 
current FMP. For this reason, the number of HSFCA permits displayed in 
Table 3 is likely higher than the actual U.S. fishing effort on the 
high seas. For more information on how NMFS classifies high seas 
fisheries on the LOF, see the preamble text in the final 2009 LOF (73 
FR 73032; December 1, 2008).

Where can I find specific information on fisheries listed on the LOF?

    Starting with the 2010 LOF, NMFS developed summary documents, or 
fishery fact sheets, for each Category I and II fishery on the LOF. 
These fishery fact sheets provide the full history of each Category I 
and II fishery, including: When the fishery was added to the LOF, the 
basis for the fishery's initial classification, classification changes 
to the fishery, changes to the list of species or stocks incidentally 
killed or injured in the fishery, fishery gear and methods used, 
observer coverage levels, fishery management and regulation, and 
applicable TRPs or TRTs, if any. These fishery fact sheets are updated 
after each final LOF and can be found under ``How Do I Find Out if a 
Specific Fishery is in Category I, II, or III?'' on the NMFS Office of 
Protected Resources' Web site: http://www.nmfs.noaa.gov/pr/interactions/lof/, linked to the ``List of Fisheries by Year'' table. 
NMFS plans to develop similar fishery fact sheets for each Category III 
fishery on the LOF. However, due to the large number of Category III 
fisheries on the LOF and the lack of accessible and detailed 
information on many of these fisheries, the development of these 
fishery fact sheets will take significant time to complete. NMFS 
anticipates posting Category III fishery fact sheets along with the 
final 2015 LOF, although this timeline may be revised as this effort 
progresses.

Am I required to register under the MMPA?

    Owners of vessels or gear engaging in a Category I or II fishery 
are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50 
CFR 229.4, to register with NMFS and obtain a marine mammal 
authorization to lawfully take

[[Page 53339]]

non-endangered and non-threatened marine mammals incidental to 
commercial fishing operations. Owners of vessels or gear engaged in a 
Category III fishery are not required to register with NMFS or obtain a 
marine mammal authorization.

How do I register and receive my authorization certificate and injury/
mortality reporting forms?

    NMFS has integrated the MMPA registration process, implemented 
through the Marine Mammal Authorization Program (MMAP), with existing 
state and Federal fishery license, registration, or permit systems for 
Category I and II fisheries on the LOF. Participants in these fisheries 
are automatically registered under the MMAP and are not required to 
submit registration or renewal materials directly under the MMAP. In 
the Pacific Islands, Southwest, Northwest, and Alaska regions, NMFS 
will issue vessel or gear owners an authorization certificate and/or 
injury/mortality reporting forms via U.S. mail or with their state or 
Federal license at the time of renewal. In the Northeast region, NMFS 
will issue vessel or gear owners an authorization certificate via U.S. 
mail automatically at the beginning of each calendar year, but vessel 
or gear owners must request or print injury/mortality reporting forms 
by contacting the NMFS Northeast Regional Office at 978-281-9328 or by 
visiting the Northeast Regional Office Web site (http://www.nero.noaa.gov/mmap). In the Southeast region, NMFS will issue 
vessel or gear owners notification of registry and vessel or gear 
owners may receive their authorization certificate and/or injury/
mortality reporting form by contacting the Southeast Regional Office at 
727-209-5952 or by visiting the Southeast Regional Office Web site 
(http://sero.nmfs.noaa.gov/pr/mm/mmap.htm) and following the 
instructions for printing the necessary documents.
    The authorization certificate, or a copy, must be on board the 
vessel while it is operating in a Category I or II fishery, or for non-
vessel fisheries, in the possession of the person in charge of the 
fishing operation (50 CFR 229.4(e)). Although efforts are made to limit 
the issuance of authorization certificates to only those vessel or gear 
owners that participate in Category I or II fisheries, not all state 
and Federal permit systems distinguish between fisheries as classified 
by the LOF. Therefore, some vessel or gear owners in Category III 
fisheries may receive authorization certificates even though they are 
not required for Category III fisheries. Individuals fishing in 
Category I and II fisheries for which no state or Federal permit is 
required must register with NMFS by contacting their appropriate 
Regional Office (see ADDRESSES).

How do I renew my registration under the MMAP?

    In Southwest, Alaska, and Northeast regional fisheries, 
registrations of vessel or gear owners are automatically renewed and 
participants should receive an authorization certificate by January 1 
of each new year. In Pacific Islands regional fisheries, vessel or gear 
owners should receive an authorization certificate by January 1 for 
state fisheries and with their permit renewal for federal fisheries. In 
Northwest regional fisheries, vessel or gear owners receive 
authorization with each renewed state fishing license, the timing of 
which varies based on target species. Vessel or gear owners who 
participate in these regions and have not received authorization 
certificates by January 1 or with renewed fishing licenses must contact 
the appropriate NMFS Regional Office (see ADDRESSES).
    In Southeast regional fisheries, vessel or gear owners' 
registrations are automatically renewed and participants will receive a 
letter in the mail by January 1 instructing them to contact the 
Southeast Regional Office to have an authorization certificate mailed 
to them or to visit the Southeast Regional Office Web site (http://sero.nmfs.noaa.gov/pr/mm/mmap.htm) to print their own certificate.

Am I required to submit reports when I injure or kill a marine mammal 
during the course of commercial fishing operations?

    In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6, 
any vessel owner or operator, or gear owner or operator (in the case of 
non-vessel fisheries), participating in a fishery listed on the LOF 
must report to NMFS all incidental injuries and mortalities of marine 
mammals that occur during commercial fishing operations, regardless of 
the category in which the fishery is placed (I, II, or III) within 48 
hours of the end of the fishing trip. ``Injury'' is defined in 50 CFR 
229.2 as a wound or other physical harm. In addition, any animal that 
ingests fishing gear or any animal that is released with fishing gear 
entangling, trailing, or perforating any part of the body is considered 
injured, regardless of the presence of any wound or other evidence of 
injury, and must be reported. Injury/mortality reporting forms and 
instructions for submitting forms to NMFS can be downloaded from: 
http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reporting_form.pdf 
or by contacting the appropriate Regional office (see ADDRESSES). 
Reporting requirements and procedures can be found in 50 CFR 229.6.

Am I required to take an observer aboard my vessel?

    Individuals participating in a Category I or II fishery are 
required to accommodate an observer aboard their vessel(s) upon request 
from NMFS. MMPA section 118 states that an observer will not be placed 
on a vessel if the facilities for quartering an observer or performing 
observer functions are inadequate or unsafe, therefore, vessels too 
small to accommodate an observer are exempt from this requirement. 
However, observer requirements will not be exempted, regardless of 
vessel size, for U.S. Atlantic Ocean, Caribbean, Gulf of Mexico large 
pelagics longline vessels operating in special areas designated by the 
Pelagic Longline Take Reduction Plan implementing regulations (50 CFR 
229.36(d)). Observer requirements can be found in 50 CFR 229.7.

Am I required to comply with any marine mammal take reduction plan 
regulations?

    Table 4 in this rule provides a list of fisheries affected by TRPs 
and TRTs. TRP regulations can be found at 50 CFR 229.30 through 229.37. 
A description of each TRT and copies of each TRP can be found at: 
http://www.nmfs.noaa.gov/pr/interactions/trt/. It is the responsibility 
of fishery participants to comply with applicable take reduction 
regulations.

Where can I find more information about the LOF and the MMAP?

    Information regarding the LOF and the Marine Mammal Authorization 
Program, including registration procedures and forms, current and past 
LOFs, information on each Category I and II fishery, observer 
requirements, and marine mammal injury/mortality reporting forms and 
submittal procedures, may be obtained at: http://www.nmfs.noaa.gov/pr/interactions/lof/ lof/, or from any NMFS Regional Office at the addresses 
listed below:
    NMFS, Northeast Region, 55 Great Republic Drive, Gloucester, MA 
01930-2298, Attn: Allison Rosner;
    NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 
33701, Attn: Jessica Powell;

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    NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213, Attn: Elizabeth Petras;
    NMFS, Northwest Region, 7600 Sand Point Way NE., Seattle, WA 98115, 
Attn: Brent Norberg, Protected Resources Division;
    NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 
9th Street, Juneau, AK 99802, Attn: Bridget Mansfield; or
    NMFS, Pacific Islands Region, Protected Resources, 1601 Kapiolani 
Boulevard, Suite 1110, Honolulu, HI 96814, Attn: Nancy Young.

Sources of Information Reviewed for the Final 2013 LOF

    NMFS reviewed the marine mammal incidental serious injury and 
mortality information presented in the SARs for all fisheries to 
determine whether changes in fishery classification were warranted. The 
SARs are based on the best scientific information available at the time 
of preparation, including the level of serious injury and mortality of 
marine mammals that occurs incidental to commercial fishery operations 
and the PBR levels of marine mammal stocks. The information contained 
in the SARs is reviewed by regional Scientific Review Groups (SRGs) 
representing Alaska, the Pacific (including Hawaii), and the U.S. 
Atlantic, Gulf of Mexico, and Caribbean. The SRGs were created by the 
MMPA to review the science that informs the SARs, and to advise NMFS on 
marine mammal population status, trends, and stock structure, 
uncertainties in the science, research needs, and other issues.
    NMFS also reviewed other sources of new information, including 
marine mammal stranding data, observer program data, fisher self-
reports, reports to the SRGs, conference papers, FMPs, and ESA 
documents.
    The LOF for 2013 was based, among other things, on information 
provided in the NEPA and ESA documents analyzing authorized high seas 
fisheries; stranding data; fishermen self-reports through the MMAP; the 
final SARs for 2006 (72 FR 12774, March 19, 2007), 2007 (73 FR 21111, 
April 18, 2008), 2008 (74 FR 19530, April 29, 2009), 2009 (75 FR 12498, 
March 16, 2010), 2010 (76 FR 34054, June 10, 2011), 2011 (77 FR 29969, 
May 21, 2012); and 2012 (78 FR 19446, April 1, 2013, 78 FR 32377, May 
30, 2013). The SARs are available at: http://www.nmfs.noaa.gov/pr/sars/.

Fishery Descriptions

    Beginning with the final 2008 LOF (72 FR 66048, November 27, 2007), 
NMFS describes each Category I and II fishery in the LOF. In each LOF, 
NMFS describes the fisheries classified as Category I or II that were 
not classified as such on a previous LOF (and therefore have not yet 
been described in the LOF). Descriptions of all Category I and II 
fisheries operating in U.S. waters may be found in the SARs, FMPs, and 
TRPs, through state agencies, or through the fishery summary documents 
available on the NMFS Office of Protected Resources Web site (http://www.nmfs.noaa.gov/pr/interactions/lof/ lof/.) Additional details for 
Category I and II fisheries operating on the high seas are included in 
various FMPs, NEPA, or ESA documents.
    The ``Alaska Bering Sea and Aleutian Islands rockfish trawl'' 
fishery is reclassified from Category III to Category II. Rockfish 
species fished include Pacific Ocean perch, northern rockfish, rougheye 
rockfish, shortraker rockfish, and other rockfish. Fishing effort in 
this fishery takes place in the U.S. Exclusive Economic Zone of the 
Eastern Bering Sea and the portion of the North Pacific Ocean adjacent 
to the Aleutian Islands, which is west of 170[deg]W longitude up to the 
U.S.-Russian Convention Line of 1867. Pacific Ocean perch in the 
Aleutian Islands is allocated under the Amendment 80 catch share 
program to the trawl gear sectors. Northern rockfish, rougheye 
rockfish, shortraker rockfish, and other rockfish do not have directed 
fisheries but are caught incidentally in other fisheries. There are 
currently an estimated 28 vessels licensed in this fishery.

Comments and Responses

    NMFS received 10 comment letters on the proposed LOF for 2013 (78 
FR 23708, April 22, 2013). Comments were received from the Blue Water 
Fishermen's Association, Bright Eye Fishing Company, Center for 
Biological Diversity, Hawaii Longline Association, Marine Mammal 
Commission, Oceana, Inc., Turtle Island Restoration Network, U.S. 
Department of the Interior, Western Pacific Regional Fishery Management 
Council, and one individual. Comments on issues outside the scope of 
the LOF were noted, but generally without response.
General Comments
    Comment 1: An individual commenter requests that NMFS explicitly 
state what years of data are used in LOF analyses, specifically in the 
vessels/persons and other tables where dates are not provided, to make 
the information more clear and useful.
    Response: In the preamble, NMFS states the years of the data used 
in the LOF review. NMFS used the best available data for each stock. In 
this rule for 2013, we used data from 2006-2010. The majority of data 
used come from the SARs, which are updated annually. In the SARs, the 
dates of the data used are stated. Other best available data sources 
include: Observer data, stranding data, and fisher self-reports. In the 
vessels/persons tables the most current federal and state commercial 
fisheries data are used. References to specific data sources are 
included in the proposed 2013 LOF rule (78 FR 23708, April 22, 2013) 
``Summary of Changes to the LOF for 2013'' section.
    Comment 2: The Marine Mammal Commission (Commission) recommends 
that NMFS work in collaboration with the states to develop reliable 
methods for estimating the number of participants in fisheries.
    Response: As stated in the Final 2012 LOF (76 FR 73912, November 
29, 2011), Table 2 represents a description of each fishery including 
the estimated number of persons/vessels active in the fishery. 
Currently, a clear measure of effort for all state fisheries has not 
been determined due to the way some state permits allow for the use of 
multiple gear types. As stated in the proposed 2013 LOF (78 FR 23708, 
April 22, 2013), NMFS recognizes that there may be disparity between 
permit holders listed and actual fishing effort; however, the numbers 
provided on the LOF are solely used for descriptive purposes and will 
not be used in determining future management of fisheries, observer 
coverage designations, or bycatch rates, which are all done through 
other processes that include public comment periods. Further, NMFS has 
communicated with the states regarding the need for consistent fishing 
effort data collection methods across states to better assess 
fisheries' effects on marine mammal stocks that have interstate 
distributions. NMFS will continue to communicate this need through TRT 
processes, LOF yearly inquiries, and the Marine Mammal Authorization 
Program's (MMAP's) integrated registration process and will work with 
states to improve the accuracy of these estimated numbers of vessels/
persons.
    Comment 3: The Center for Biological Diversity (CBD) requests that 
NMFS not reclassify fisheries to a lower category or remove marine 
mammals from the list when information on the fishery and its 
interactions is scant.
    Response: As stated in the Final 2012 LOF (76 FR 73912, November 
29, 2011), NMFS considers a broad range of information when proposing 
or making fishery classification decisions on the LOF and does not 
classify fisheries based solely on the presence or absence

[[Page 53341]]

of serious injuries or mortalities. Under the implementing regulations 
for section 118, NMFS uses observer data, logbook data, stranding data, 
fishers' reports, anecdotal reports, qualitative factors outlined in 50 
CFR 229.2 (i.e., fishing techniques, gear used, methods used to deter 
marine mammals, target species, seasons and areas fished, qualitative 
data from logbooks or fisher reports, stranding data, and the species 
and distribution of marine mammals in the area), information on 
incidental serious injury or mortality to marine mammals reported in 
SARs (50 CFR 229.2; 60 FR 45086, August 30, 1995; 60 FR 67063, December 
28, 1995), and input received during the public comment periods. NMFS 
considers all of this information to determine whether the fishery can 
be classified on the LOF based on quantitative information analyzed 
through the Tier 1 and 2 analyses; or whether the fishery can be 
classified on the LOF based on the qualitative information outlined in 
NMFS regulations at 50 CFR 229.2.
    Comment 4: The CBD recommends that NMFS be more transparent about 
the statistical reliability of bycatch estimates. The CBD reiterated an 
old Commission recommendation that NMFS include observer coverage for 
each fishery on the List of Fisheries, including Category III 
fisheries, to allow the reader to assess the adequacy of information on 
incidental mortality and serious injury to marine mammals. CBD 
recommends adding a column with observer coverage to the first table in 
the proposed rule that lists each fishery and the estimated number of 
participants.
    Response: NMFS agrees with CBD's comment referencing the 
Commission's comment from the Final 2012 LOF (76 FR 73916, November 29, 
2011, comment/response 2), that summarizing the information used as the 
basis to classify each fishery on the LOF in one location could be 
useful for interested readers. NMFS has posted information on each 
Category I and II fishery on the LOF on the NMFS Office of Protected 
Resources Web site (http://www.nmfs.noaa.gov/pr/interactions/lof/), 
where it can be considered at the readers' discretion. NMFS is 
developing similar fishery fact sheets for each Category III fishery 
and anticipates posting those fishery fact sheets along with the final 
2015 LOF. However, due to the large number of Category III fisheries on 
the LOF and the lack of accessible and detailed information on many of 
these fisheries, this timeline may be revised as this effort 
progresses.
    Comment 5: The CBD opposes the inclusion of aquaculture operations 
as Category III fisheries and recommends that they be managed under 
MMPA Section 101(a)(5)(A) through (D) with take prohibitions and 
permits.
    Response: As stated in the Final 2012 LOF (76 FR 73912, November 
29, 2011), NMFS works under Section 118 of the MMPA which governs the 
``taking of marine mammals incidental to commercial fishing 
operations.'' The MMPA does not provide a definition of a commercial 
fishing operation; therefore, NMFS defined ``commercial fishing 
operation'' in regulations at 50 CFR 229.2. The definition was 
presented in the proposed and final rules implementing the regulations 
for section 118 of the MMPA (60 FR 31666, June 16, 1995; 60 FR 65086, 
August 30, 1995). As noted in those proposed and final rules, and in 
the responses to comments on the 2009, 2010 and 2012 LOFs (73 FR 73032, 
December 1, 2008, comment/response 5; 74 FR 58859, November 16, 2009, 
comment/response 11; 76 FR 73916, November 29, 2011, comment/response 
3), the definition of a ``commercial fishing operation'' includes 
aquaculture. The regulations in 50 CFR 229.2 define a ``commercial 
fishing operation'' as ``the catching, taking, or harvesting of fish 
from the marine environment . . . . The term includes . . . aquaculture 
activities.'' Further, ``fishing or to fish'' is defined as ``any 
commercial fishing operation.'' Therefore, aquaculture fisheries are 
considered commercial fisheries that are managed under section 118 of 
the MMPA and are therefore included on the annual LOF.
    Comment 6: The Commission recommends that NMFS include in the 2014 
LOF the estimated fishing effort, number of participants, and sources 
of the estimates (e.g., number of active participants, number of 
licensed vessels/persons, number of vessels/persons in previous LOFs, 
or other).
    Response: Section 118 (c)(1) of the Marine Mammal Protection Act 
states that the Secretary shall include ``the approximate number of 
vessels or persons actively involved in, each such fishery.'' Each year 
NMFS provides updates on the estimated fishery participants as 
indicated in Table 2. NMFS provides a description of the sources of 
this information in each proposed rule when changes to the LOF are 
proposed. NMFS describes why these numbers may reflect potential 
industry participation and not necessarily active permit holders. 
Providing additional information on active participants, as requested 
by the commenter, may be possible for federal and some state permit/
license holders. However, it is not currently available for many state 
fisheries.
    NMFS requests state permit holder data from state agencies through 
the MMAP integrated registration process. At that time, NMFS provides 
state officials with the MMPA Category I & Category II fishery 
definitions. State representatives, being experts in their fisheries, 
then assign their state fisheries to the most appropriate LOF fishery 
when responding to NMFS's annual request for permit holder information. 
In some cases, a permit holder may have the potential to use a 
particular gear type, though they may not be actively participating. 
NMFS has interpreted Table 2 to represent an estimation of ``potential 
participation'' in a fishery, and each year provides specific language 
that explains that these numbers represent estimates and not actual 
effort for certain fisheries. NMFS will strive to include the requested 
additional information of estimated fishing effort, number of 
participants, and sources of estimates in the fishery fact sheets that 
are available on the NMFS Office of Protected Resources Web site: 
http://www.nmfs.noaa.gov/pr/interactions/lof/.
Comments on Commercial Fisheries in the Pacific Ocean
    Comment 7: The Commission recommends that NMFS elevate the Hawaii 
charter and Hawaii trolling, rod and reel fisheries to Category II and 
initiate observer coverage to obtain data necessary to rigorously 
assess the risk the fisheries pose to the Hawaii stock of pantropical 
spotted dolphins. The Commission states that NMFS's conclusions 
regarding total commercial fishery-related mortality and serious injury 
of Hawaiian pantropical spotted dolphins are based on a series of 
observations that are not sufficient to assess the takes from the 
fisheries. The Commission also disagrees with NMFS's conclusion that, 
``in the absence of evidence of mortality/serious injury . . . a 
Category III classification . . . is appropriate,'' for it shifts the 
burden of proof away from fishery management and removes the incentive 
to collect data needed to characterize the level of take.
    Response: NMFS is retaining the Hawaii charter and Hawaii trolling, 
rod and reel fisheries as Category III fisheries. As described in the 
proposed rule (78 FR 23708, April 22, 2013), NMFS does not have a 
quantitative estimate of the number of mortalities and serious injuries 
of pantropical spotted dolphins in the fisheries. In the absence of 
that data, consistent with 50 CFR 229.2, NMFS considers other factors 
to assess the risk to the dolphins, including fishing techniques, gear 
used,

[[Page 53342]]

methods used to deter marine mammals, target species, seasons and areas 
fished, qualitative data, stranding information, and other relevant 
information on marine mammals. We have evaluated the available 
information, which is summarized in the proposed rule, and determined 
that incidental mortalities and serious injuries are likely rare, 
rather than ``occasional''; and, thus, a Category III classification is 
warranted.
    NMFS has the authority to place observers on Category III vessels 
under certain circumstances and to develop an alternative observer 
program to collect data on commercial fishing operations via other 
platforms (e.g., vessels, airplanes, points on shore) (50 CFR 229.7). 
Although NMFS is not initiating observer coverage for the troll and 
charter vessel fisheries at this time, we will continue to work with 
the State of Hawaii and with independent researchers to collect and 
evaluate information on the interaction between the fisheries and 
dolphins.
    Comment 8: The Western Pacific Regional Fishery Management Council 
concurs with NMFS that the Hawaii charter and Hawaii trolling, rod and 
reel fisheries should remain Category III.
    Response: NMFS acknowledges this comment and is finalizing the 
Hawaii charter and Hawaii trolling, rod and reel fisheries' proposed 
Category III classification.
    Comment 9: The CBD opposes the removal of humpback whales (Central 
North Pacific stock) and Blainville's beaked whales (Hawaiian stock) 
from the list of species or stocks incidentally killed or injured in 
Category I Hawaii deep-set longline fishery. The CBD provides three 
reasons for retaining the species on the list. First, effort in the 
fishery increased from 2010 to 2011, and interactions with marine 
mammals will increase with the additional effort. As a result, NMFS 
should not now remove these species. Second, 20% observer coverage 
means there is a quantifiable risk that some interactions are 
unobserved and unreported, especially for the endangered humpback 
whale, NMFS should consider more than the most recent five years of 
data before removing a species historically taken by the fishery. 
Third, excluding marine mammals based solely on a lack of documented 
injuries or deaths in the most recent 5-year period is inconsistent 
with NMFS policy and prior practice. For example, NMFS just added 
Blainville's beaked whales on the 2012 LOF as an acknowledgment of the 
great uncertainty in identifying species and stocks taken in this 
fishery outside the U.S. EEZ. Therefore, the removal from the list on 
the basis of information for the most recent five-year period seems 
contradictory to what NMFS decided in listing them.
    Response: NMFS is removing the two stocks from the list of species 
and stocks injured or killed in the Category I Hawaii deep-set longline 
fishery, as proposed. Responses to each of the CBD's three arguments 
are set forth below.
    First, although the number of fishing sets in the Hawaii deep-set 
longline fishery has increased somewhat from 2010 to 2011 (Pacific 
Islands Fisheries Science Center, Fisheries Monitoring Branch, 2012), 
this fact alone does not indicate that there was or will be an increase 
in marine mammal interactions. The Hawaii deep-set fishery operates 
under a limited entry system, with the number of vessels remaining 
relatively constant over the past ten years. NMFS is removing these two 
marine mammal species/stocks because they have not been observed to be 
caught in the fishery in the most recent five years of data included in 
this analysis (2006-2010). NMFS will continue to update the list in 
future LOFs to reflect the best available data on observed 
interactions.
    Second, in fisheries where observer coverage is inadequate, NMFS 
may retain species and stocks on the list for longer than five years, 
on a case-by-case basis. In the Hawaii deep-set longline fishery, NMFS 
is satisfied that existing observer coverage (20%) is sufficient to 
detect even rare marine mammal bycatch events, particularly when data 
are pooled across multiple years. Therefore, NMFS is relying on 
observer data to inform the list of species injured or killed in the 
fishery.
    Third, NMFS considers these changes to the list of species injured 
or killed to be consistent with our policy and prior practice. The 
CBD's discussion of the addition of the Blainville's beaked whale to 
the list contains factual errors that we clarify below. The Hawaiian 
stock of Blainville's beaked whale has been included on the list of 
species injured/killed in the Hawaii deep-set longline fishery since 
the 2009 LOF (and in the Hawaii longline fishery on the 2006-2008 LOFs 
before the Hawaii deep- and shallow-set longline fisheries were split). 
The most recently observed interaction with a Blainville's beaked whale 
in the deep-set fishery was a non-serious injury on the high seas in 
2005. In the 2012 LOF, NMFS added an ``unknown'' stock of Blainville's 
beaked whale to the high-seas component of the fishery (Table 3--
Western Pacific Pelagic (Hawaii Deep-set component)) to account for the 
uncertainty in stock (not species) identification on the high seas 
given that the full offshore ranges of Hawaiian pelagic cetacean stocks 
are unknown. Accordingly, the addition of this ``unknown'' stock was 
meant to account for the inherent uncertainty in identifying whether 
the animals are from the Hawaiian pelagic stocks or from other high 
seas stocks and not because of additional observed takes within the 
time period considered for the 2012 LOF (2005-2009). More recent data 
indicate there have been no observed interactions with Blainville's 
beaked whales in the most recent 5-year period (2006-2010); and, thus, 
the removal of the species (including both the Hawaiian and unknown 
stocks) is appropriate.
    Comment 10: The CBD continues to have concern over NMFS's lack of 
assessment and analysis of fisheries' impacts on Hawaiian monk seals. 
The CBD stated that, given the critically endangered status of the monk 
seal, any interaction is significant and any fishing mortality would 
qualify a fishery as Category I if NMFS calculated the potential 
biological removal (PBR) level. Continuing to rely on the fact that the 
PBR level for monk seals is ``undetermined'' to justify NMFS's failure 
to make a quantitative evaluation of incidental mortality and serious 
injury compared to PBR evades the intent and legal mandates of the 
MMPA.
    Response: NMFS expects that the great majority of fisheries' 
interactions with Hawaiian monk seals occur in the main Hawaiian 
Islands (MHI), where coastal and recreational fisheries primarily 
operate. Currently, NMFS is only able to estimate the minimum number of 
fisheries' interactions based on opportunistic reporting by the public. 
Reports about interactions coming directly from fishermen are rare. A 
majority of those reported interactions are hookings (serious injury). 
However, notwithstanding these fisheries interactions, NMFS is 
encouraged that the monk seal population in the MHI continues to 
increase, with an estimated intrinsic population growth rate of 6.5% 
per year (Baker et al., 2011).
    NMFS is unable to reliably determine whether an interaction (i.e., 
hooking) occurred in a commercial or recreational fishery, primarily 
for two reasons. First, when a seal is sighted with a hook, it is often 
difficult to determine the fishery of origin, even if the hook or other 
gear is recovered from the animal. Second, many Hawaiian fisheries have 
both commercial and non-commercial components. As a result, even if the 
fishery can be identified from the recovered gear, it may be difficult 
to verify whether the interaction occurred during commercial fishing 
(and would

[[Page 53343]]

thus be evaluated on the LOF). This issue will not be resolved without 
improved information and reporting by fishermen.
    NMFS continues to try to improve its data collection, analysis and 
assessment of fisheries' interactions and their impacts on Hawaiian 
monk seals. NMFS is currently working with state and private partners 
to address some of these limitations in data and reporting. Some 
examples include:
     The NMFS Pacific Islands Fisheries Science Center Hawaiian 
Monk Seal Research Program (HMSRP) partners with the State of Hawaii to 
better quantify and describe potential monk seal interactions with 
fisheries in order to develop mitigation strategies.
     The HMSRP is conducting a community-based research project 
using National Geographic Crittercams to look at the seals' foraging 
behavior and fisheries interactions. This project allows fishermen to 
take part in the research and has a substantial community engagement 
component educating the fishing community about seals and encouraging 
reporting.
     The NMFS Pacific Islands Regional Office develops outreach 
products and messages to inform fishermen about best practices when 
fishing around monk seals and how to report interactions.
     Several Federal, State, and non-governmental organization 
liaisons are working with various fishing communities to encourage 
better reporting of monk seal interactions.
    NMFS will continue to work with its state and federal partners and 
the public to better understand, quantify, and reduce monk seal-fishery 
interactions.
    Comment 11: The Hawaii Longline Association (HLA) argues that the 
Hawaii-based deep-set longline fishery does not interact with MHI 
insular false killer whales and opposes including the stock on the list 
of marine mammals injured or killed in the deep-set fishery.
    Response: NMFS determines which species or stocks are included as 
incidentally killed or injured in a fishery by annually reviewing the 
information presented in the current SARs, among other relevant 
sources. The SARs are based on the best available scientific 
information and provide the most current and inclusive information on 
each stock, including range, abundance, PBR, and level of interaction 
with commercial fishing operations. The LOF does not analyze or 
evaluate the data and calculations contained within the SARs.
    The 2012 SAR for false killer whales indicates that an average of 
0.5 mortalities or serious injuries of MHI insular false killer whales 
occur each year incidental to the Hawaii-based deep-set longline 
fishery (Carretta et al., 2013). Therefore, NMFS is retaining the stock 
on the list of marine mammal stocks incidentally killed or injured in 
the Hawaii deep-set longline fishery. For a more complete analysis of 
the methodology for determining mortality and serious injury of MHI 
insular false killer whales, the commenter is referred to the 2012 SAR.
    Comment 12: The HLA opposes NMFS's inclusion of a number of 
``unknown'' marine mammals stocks on the list of species or stocks 
injured or killed in the deep-set and shallow-set fisheries and states 
it is in violation of the MMPA.
    Response: The listings of ``unknown'' stocks are for species that 
have been observed to have been taken by the Hawaii-based deep-set and 
shallow-set longline fisheries on the high seas, but for which the 
stock identity could not be reliably determined. NMFS' SARs for Hawaii 
pelagic cetacean stocks note that the stocks' ranges extend into the 
high seas, but the full offshore ranges are unknown. For those animals 
taken by the longline fisheries on the high seas, NMFS is often unable 
to determine whether the animals belong to the Hawaii pelagic stocks or 
other high seas stocks. This is particularly true for takes that occur 
far outside the U.S. EEZ around the Hawaiian Islands. Therefore, NMFS' 
inclusion of ``unknown'' stocks that are known to interact with the 
longline fisheries on the high seas is necessary to account for 
uncertainty in stock identification.
    Comment 13: The HLA opposes NMFS adding short-finned pilot whales 
to the list of species injured or killed in the Hawaii shallow-set 
longline fishery because it is not supported by the available data. The 
addition is based on a single interaction on the high seas involving an 
unidentified cetacean that ``may have'' been a short-finned pilot 
whale. In the absence of data confirming that the fishery is 
interacting with short-finned pilot whales, NMFS may not add the 
species to the list of species or stocks that are incidentally killed 
or injured by the fishery.
    Response: One unidentified cetacean, known to be either a false 
killer whale or short-finned pilot whale (i.e., a ``blackfish''), was 
observed seriously injured in the shallow-set longline fishery on the 
high seas in 2008. When the species of a blackfish cannot be positively 
identified, NMFS prorates the interaction to one species or the other 
based on distance from shore (McCracken, 2010). Proration of 
unidentified blackfish takes accounts for uncertainty in the bycatch 
estimates and until all animals taken can be identified to either 
species (e.g., photos, tissue samples). This approach constitutes the 
best available information and ensures that potential impacts to all 
species and stocks are assessed. Based on this approach, the estimated 
average annual mortality and serious injury of short-finned pilot 
whales in the fishery is 0.1 (McCracken, 2011). Therefore, NMFS is 
adding the short-finned pilot whale to the list of species or stocks 
that are incidentally killed or injured by the fishery, as proposed.
    Comment 14: The HLA concurs with NMFS's proposed removals from the 
list of species and stocks that interact with the Hawaii-based longline 
fisheries.
    Response: NMFS acknowledges this comment and is finalizing the list 
of species and stocks interacting with the Hawaii deep- and shallow-set 
longline fisheries as proposed. As stated in the proposed rule (78 FR 
23708, April 22, 2013), the changes reflect the most recent five years 
of data (2006-2010) on observed marine mammal interactions in the 
fisheries.
    Comment 15: The Turtle Island Restoration Network (TIRN) recommends 
that NMFS add pygmy killer whales to the list of species/stocks 
incidentally killed or injured in the Hawaii deep-set longline fishery 
based on one observed take in the first quarter of 2013.
    Response: The 2013 LOF does not yet incorporate the recently 
observed pygmy killer whale interaction. The observed interaction has 
not yet been included in any bycatch estimate, and has not yet been 
evaluated as part of the tier analysis for this fishery. This observed 
take will be evaluated in a future LOF.
    Comment 16: The Commission concurs with NMFS's proposed 
reclassifications of the Bering Sea Aleutian Islands (BSAI) rockfish 
trawl fishery from Category III to Category II, the BSAI Pacific cod 
longline fishery from Category II to Category III, and the Alaska 
Bering Sea sablefish pot fishery from Category II to Category III.
    Response: NMFS acknowledges this comment and is finalizing the 
fishery reclassifications.
    Comment 17: The U.S. Department of the Interior (DOI) concurs with 
NMFS that the Southwestern Alaska stock of northern sea otter is 
incidentally taken in the AK Kodiak salmon set gillnet fishery, the 
South Central Alaska stock of northern sea otter is incidentally taken 
in the Alaska Prince William Sound salmon drift gillnet fishery, and 
the Pacific walrus is incidentally taken in the Alaska BSAI flatfish 
trawl fishery.

[[Page 53344]]

    Response: NMFS acknowledges this comment and is finalizing the 
changes to the list of species injury or killed in these fisheries as 
proposed.
    Comment 18: NMFS received four comment letters supporting the 
reclassification of the CA thresher shark and swordfish drift gillnet 
fishery. All of the commenters concurred with the proposed elevation to 
Category I, the addition of the CA/OR/WA stock of sperm whales to the 
list of species or stocks incidentally killed or injured in this 
fishery, and that interactions with this stock provide the basis for 
the elevation in classification.
    Response: NMFS acknowledges this comment and is finalizing the CA 
thresher shark and swordfish drift gillnet fishery reclassification 
from Category II to Category I.
    Comment 19: NMFS received three comment letters about species 
injured and killed in the CA swordfish and thresher shark drift gillnet 
fishery. All commenters requested that NMFS add minke whales to the 
list of species incidentally killed or injured in the CA swordfish and 
thresher shark drift gillnet fishery. One letter suggested that NMFS 
consider whether these takes exceeded PBR.
    Response: In the proposed 2013 LOF (78 FR 23708, April 22, 2013), 
NMFS relied on information available through 2010. When the proposed 
2013 LOF was drafted, the best available information on the fisheries 
and marine mammal interactions was through 2010. The available 
information included assessments of observed interactions and serious 
injuries as well as extrapolations of the observed interactions of 
commercial fisheries and marine mammals (Carretta and Enriquez, 2012). 
A minke whale interaction was observed in the CA swordfish and thresher 
shark drift gillnet fishery in 2011 (Carretta and Enriquez, 2012). This 
information, as well as other fishery activities through 2011, will be 
reviewed and included in the 2014 LOF, as appropriate.
    Comment 20: DOI concurs with NMFS that the CA (southern) sea otters 
be listed as incidentally taken in the CA halibut/white seabass and 
other species set gillnet fishery. The DOI recommends that NMFS add CA 
sea otters to CA coonstripe, shrimp, rock crab, tanner crab pot or trap 
and CA spiny lobster fisheries lists.
    Response: NMFS received a similar comment for the proposed 2012 LOF 
(76 FR 73912, November 29, 2011, comment/response 9) as well as 2011 
LOF (75 FR 68475, November 8, 2010) and 2010 LOF (74 FR 58859, November 
16, 2009). As described in the response to comments in the final 2012 
LOF (76 FR 73912, November 29, 2011) and described in detail in the 
proposed 2009 LOF (73 FR 33760, June 13, 2008), NMFS conducted an 
extensive review of all available information on marine mammal 
interactions with pot/traps gear in 2008. Also in 2008, the U.S. Fish 
and Wildlife Service (USFWS) completed a stock assessment for southern 
sea otters. As described in the 2008 SAR and 2009 LOF, there have been 
four sea otters that are known to have died in pot/trap gear in 
California and all occurred in 1987 and 1991. The U.S. Geological 
Survey and California Department of Fish and Game (now California 
Department of Fish and Wildlife) collaborated on observing finfish 
traps in California, but did not record any sea otter interactions 
(Carretta et al., 2009). The USFWS, as part of public comments for the 
2012 LOF, submitted a paper by Hatfield et al. (2011), detailing 
experiments that indicate that sea otters can enter and become 
entrapped in pots or traps with openings of certain sizes. However, the 
paper presented no evidence of this occurring during commercial fishing 
activities off California. The possibility of an interaction is 
insufficient justification to include southern sea otters on the list 
of species incidentally injured or killed in the CA coonstripe shrimp, 
rock crab, tanner crab pot or trap or the CA spiny lobster trap 
fisheries. Instead, NMFS needs some indication that injuries or 
mortalities are occurring or have occurred in these fisheries in recent 
years (e.g., fisher self-reports, observer data, stranding data). If 
additional information becomes available to indicate that southern sea 
otters have been injured or killed in CA trap/pot fisheries in recent 
years, NMFS will consider including this species on the LOF at that 
time.
Comments on Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, 
and Caribbean
    Comment 21: The Blue Water Fishermen's Association recommends that 
NMFS divide the Atlantic Ocean, Caribbean, Gulf of Mexico large 
pelagics longline fishery for swordfish, tuna, and sharks into three 
regional fisheries. The Atlantic and Caribbean should be divided at the 
Georgia/Florida state line into north and south Atlantic regions and 
the Gulf of Mexico should be a third region.
    Response: NMFS disagrees that the Atlantic Ocean, Caribbean, Gulf 
of Mexico large pelagics longline fishery should be divided into three 
regions. Gear used throughout the large pelagics longline fishery is 
relatively the same, and marine mammal stocks have the potential to 
interact with this gear across all geographic regions. For example, 
other Southeast fisheries including the Southeastern U.S. Atlantic, 
Gulf of Mexico stone crab trap/pot fishery; the Atlantic mixed species 
trap/pot fishery; the Southeastern U.S. Atlantic Gulf of Mexico shrimp 
trawl fishery; and the Mid-Atlantic gillnet fishery are all grouped 
together based on similar gear types, despite slight regional 
differences in fishing techniques or the marine mammal stocks affected. 
Furthermore, even though the pelagics longline fishery is grouped over 
geographic regions for LOF purposes, management measures to reduce 
serious injuries and mortalities of marine mammals for the fishery are 
already focused on geographic areas where interactions pose a 
significant risk to specific marine mammal stocks, rather than 
implementing broad-brush regulations that span over large areas with 
different variations of interactions.
    Comment 22: The Blue Water Fishermen's Association recommends that 
NMFS support research efforts to better understand depredation by 
marine mammals on hooked catches, specifically pilot whale 
interactions.
    Response: NMFS agrees with the Blue Water Fishermen's Association 
that research efforts are important to reduce marine mammal 
interactions. The LOF does not include any funding mechanisms to 
support research efforts. However, we are supporting research efforts 
to better understand how to reduce or prevent serious injuries and 
mortalities of marine mammals in the Atlantic portion of the pelagic 
longline fishery. Specifically, we are providing funding through North 
Carolina Sea Grant for cooperative research between scientists and 
fishermen to better understand pilot whale interactions with the 
pelagic longline fishery as described in the Pelagic Longline Take 
Reduction Plan. In addition, we are supporting two research projects in 
2013 to evaluate the potential of weak hooks for reducing serious 
injury and mortality of marine mammals, while maintaining catch for 
fishermen.
    Comment 23: DOI recommends that NMFS delete the superscript 
reference about the level of interaction with the Atlantic blue crab 
trap/pot fishery for the Florida subspecies of the West Indian manatee 
because it is erroneous. The reference reads, ``[F]ishery classified 
based on serious injuries and mortalities of this stock, which are 
greater than 50 percent (Category 1) or greater than 1 percent and less 
than 50 percent (Category II) of the stock' s [potential biological 
removal] PBR.''

[[Page 53345]]

    Response: NMFS believes that the footnote regarding the level of 
interaction between the Atlantic blue crab trap/pot fishery and the 
Florida subspecies of West Indian manatee is relevant. This reference 
is included for any stock listed under a fishery that has data showing 
that serious injuries and mortalities are greater than 1 percent and 
less than 50 percent (Category II) of the stock's PBR. In NMFS 
preliminary data, the PBR for the West Indian manatee was 14.98, and 
three serious injuries were reported in Atlantic blue crab pot gear, 
20% of the stock's PBR. Based on this information, NMFS finds the 
footnote to be accurate and will maintain the footnote reference for 
the Florida subspecies of manatee.
    Comment 24: DOI recommends that NMFS remove the Florida subspecies 
of the West Indian manatee from the list of species/stocks incidentally 
killed or injured in the Southeastern U.S. Atlantic, Gulf of Mexico 
shrimp trawl fishery. DOI is unaware of any manatees taken in this 
fishery since 1990.
    Response: Notwithstanding the record of historic takes and low 
observer coverage since 1992 (less than 1%), NMFS will remove the 
Florida subspecies of the West Indian manatee from the list of species/
stocks incidentally killed or injured in the Southeastern U.S. 
Atlantic, Gulf of Mexico shrimp trawl fishery since there have been no 
recently documented takes. Further, the Georgia Department of Natural 
Resources and Florida Fish and Wildlife Conservation Commission closely 
monitor the manatee population, which allows them to detect the 
majority of dead and injured animals. The last known takes of manatees 
by trawl gear were in 1997, as presented in the 2009 SAR (74 FR 69136, 
December 30, 2009). Two takes were reported that year from Georgia 
waters. One of the takes was lethal; the other was non-lethal. Also, in 
1990, the inshore bait shrimp fishery was suggested to cause three 
unconfirmed manatee mortalities. The manatee carcass salvage and 
recovery program at the Florida Fish and Wildlife Conservation 
Commission coordinates carcass salvage to determine the cause of death 
of every reported dead manatee (up to 400 manatees a year) (Florida 
Fish and Wildlife Conservation Commission, 2007). In Georgia, the 
Department of Natural Resources works closely with the state of Florida 
and U.S. Fish and Wildlife Service to monitor impacts to manatees.
    Comment 25: The Commission recommends that NMFS elevate the 
Atlantic, Gulf of Mexico, Caribbean commercial passenger fishing vessel 
fishery and all other fisheries that could be responsible for observed 
takes of bottlenose dolphins from Category III to Category II until 
NMFS can reliably attribute the takes to a specific fishery(s).
    Response: NMFS is currently reviewing all Category III fisheries 
and associated data. Given the large number of Category III fisheries 
and the lack of accessible and detailed information on many of these 
fisheries, including the Atlantic, Gulf of Mexico, Caribbean commercial 
passenger fishing vessel fishery, NMFS anticipates this review will 
take some time. As noted in the preamble, fishery fact sheets for all 
Category III fisheries are expected to be completed with the LOF for 
2015, although this timeline may be revised as this effort progresses.
    Comment 26: The Commission recommends that NMFS keep the eastern 
Gulf of Mexico coastal bottlenose dolphin stock on the lists of species 
or stocks incidentally killed or injured in the Gulf of Mexico gillnet 
fishery and the Gulf of Mexico menhaden purse seine fishery until five 
years of adequate observer coverage data show otherwise.
    Response: The eastern Gulf of Mexico coastal bottlenose dolphin 
stock was removed from the Gulf of Mexico gillnet fishery because there 
is little to no overlap with this fishery. The range of the eastern 
Gulf of Mexico coastal bottlenose dolphin stock extends off the coast 
of Florida to the 20 m isobath. Gillnets are prohibited in Florida 
state waters. In Federal waters on the Gulf side, there are no gillnet 
fisheries with the exception of a small fishery for king mackerel north 
of the Marquesas' in the Florida Keys that fishes an average of 5-7 
days per year. Because the spatial and temporal overlap of this stock 
with this fishery is minimal and there are no recorded takes, NMFS 
removed the Gulf of Mexico coastal bottlenose dolphin stock from this 
fishery.
    NMFS also removed the eastern Gulf of Mexico coastal bottlenose 
dolphin stock from the Gulf of Mexico menhaden purse seine fishery 
because there is now minimal overlap between the fishery and the 
stock's range. Historically, the bait fishery for menhaden occurred 
along the Florida panhandle and around Tampa Bay, but the fishery was 
curtailed after the Florida net-ban of 1995 (Gulf States Marine 
Fisheries Commission, 2010). There is now only a very small fishery for 
menhaden off the Florida panhandle in Federal waters. No has been 
documented from that fishery.
    Comment 27: The Commission recommends that NMFS keep the Gulf of 
Mexico oceanic Gervais beaked whale stock on the lists of species or 
stocks incidentally killed or injured in Atlantic, Caribbean, Gulf of 
Mexico large pelagics longline fishery until five years of adequate 
observer coverage data show otherwise.
    Response: NMFS will keep the Gulf of Mexico oceanic Gervais beaked 
whale stock on the list of species incidentally killed or injured by 
the Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline 
fishery, because there has not been adequate observer coverage data 
that show otherwise in the five year (2006-2010) data period used in 
the LOF for 2013 analysis.
    Comment 28: The Commission recommends that NMFS keep the northern 
Gulf of Mexico continental shelf bottlenose dolphin stock on the lists 
of species or stocks incidentally killed or injured in Atlantic, 
Caribbean, Gulf of Mexico large pelagics longline fishery until five 
years of adequate observer coverage data show otherwise.
    Response: The Gulf of Mexico continental shelf bottlenose dolphin 
stock was removed from the Atlantic Ocean, Caribbean, Gulf of Mexico 
large pelagics longline fishery because there has been adequate 
observer coverage without any observed takes in the last five years. 
The Gulf of Mexico portion of the pelagic longline fishery has adequate 
observer coverage. For example, in 2011, the average observer coverage 
of total longline sets in the Gulf of Mexico was 17.6% (Garrison and 
Stokes, 2012). The last reported take potentially from this stock was 
in 2007. This dolphin was released alive and presumed to have no 
serious injuries. This animal could have belonged to the continental 
shelf or oceanic stock.
    Comment 29: The Association, Turtle Island Restoration Network, and 
Bright Eye Fish Company request that NMFS re-evaluate or provide 
further explanation of the Atlantic Ocean, Caribbean, and Gulf of 
Mexico large pelagics longline fishery increase of estimated number of 
vessels/persons from 94 to 420.
    Response: NMFS re-evaluated the compiled permit data to ensure all 
duplicated values were removed. The corrected estimated number of 
vessels/persons is 234, based on 2012 permit data for all Atlantic tuna 
longline and incidental and directed swordfish. The value of 234 
represents all unique vessels that have one of these permits. Active 
vessels in a given year may be less than 234, but we list all permitted 
vessels that have the potential to fish in a given year within the 
designated pelagic longline fishery.

[[Page 53346]]

Comments on Commercial Fisheries on the High Seas
    Comment 30: The Turtle Island Restoration Network requests an 
explanation of why prohibited fishing gears, such as gillnets on the 
high seas, are listed as active fisheries.
    Response: As stated in the preamble supplementary information under 
header ``Are high seas fisheries included on the LOF?'' HSFCA permits 
are valid for five years, during which time FMPs can change. Therefore, 
some vessels/participants may possess valid HSFCA permits without the 
ability to fish under the permit because it was issued for a gear type 
that is no longer authorized under the most current FMP. For this 
reason, the number of HSFCA permits displayed in Table 3 is likely 
higher than the actual U.S. fishing effort on the high seas.
    Gillnets are an authorized gear type in the List of Authorized 
Fisheries and Gear in the MSA Provisions (50 CFR 600.725). On the U.S. 
West Coast, the thresher shark and swordfish fishery is authorized to 
use drift gillnets. Under the FMP for U.S. West Coast Fisheries for 
Highly Migratory Species, drift gillnet use is banned during certain 
seasons in specific portions of the EEZ off of California and Oregon. 
An HSFCA permit is generally associated with at least one fishery that 
is authorized by a Fishery Management Plan. As such gill netters are 
still listed as a vessel type in the HSFCA permit application.
    Comment 31: The Association states that the high seas fishing 
vessel permit holders are already included in the Atlantic, Caribbean, 
Gulf of Mexico large pelagics longline vessels/persons count, so they 
have been double-counted in the NMFS estimate of vessels/permits.
    Response: As stated in the preamble supplementary information under 
header ``Are high seas fisheries included on the LOF,'' many fisheries 
operate in both U.S. waters and on the high seas, creating some overlap 
between the fisheries listed in Tables 1 and 2 and those in Table 3. In 
these cases, the high seas component of the fishery is not considered a 
separate fishery, but an extension of a fishery operating within U.S. 
waters (listed in Table 1 or 2). NMFS designates those fisheries in 
Tables 1, 2, and 3 by a ``*'' after the fishery's name. The number of 
HSFCA permits listed in Table 3 for the high seas components of these 
fisheries operating in U.S. waters does not necessarily represent 
additional effort that is not accounted for in Tables 1 and 2. Many 
vessels/participants holding HSFCA permits also fish within U.S. waters 
and are included in the number of vessels and participants operating 
within those fisheries in Tables 1 and 2.

Summary of Changes From the Proposed Rule

    In this final rule, NMFS updated the ``Atlantic Ocean, Caribbean, 
Gulf of Mexico large pelagics longline'' fishery vessels/persons value. 
The revised, final estimate is 243, down from 420 in the proposed rule.
    In this final rule, NMFS added Gervais beaked whales (Gulf of 
Mexico oceanic) to the list of species or stocks incidentally killed or 
injured in the ``Atlantic Ocean, Caribbean, Gulf of Mexico large 
pelagics longline'' fishery.
    In this final rule, NMFS removed West Indian manatee (Florida) from 
the list of species or stocks incidentally killed or injured in the 
``Southeastern U.S. Atlantic, Gulf of Mexico trawl'' fishery.

Summary of Changes to the LOF for 2013

    The following summarizes changes to the LOF for 2013 in fishery 
classification, the estimated number of vessels/participants in a 
particular fishery, the species or stocks that are incidentally killed 
or injured in a particular fishery, and the fisheries that are subject 
to a take reduction plan. The classifications and definitions of U.S. 
commercial fisheries for 2013 are identical to those provided in the 
LOF for 2012 with the changes discussed below. State and regional 
abbreviations used in the following paragraphs include: AK (Alaska), CA 
(California), DE (Delaware), FL (Florida), GMX (Gulf of Mexico), HI 
(Hawaii), MA (Massachusetts), ME (Maine), NC (North Carolina), NY (New 
York), OR (Oregon), RI (Rhode Island), SC (South Carolina), VA 
(Virginia), WA (Washington), and WNA (Western North Atlantic).

Commercial Fisheries in the Pacific Ocean

Fishery Classification

    NMFS reclassifies the ``CA thresher shark/swordfish drift gillnet'' 
fishery from Category II to Category I.
    NMFS reclassifies the ``Alaska Bering Sea and Aleutian Islands 
Rockfish trawl'' fishery from Category III to Category II.
    NMFS reclassifies the ``Alaska Bering Sea/Aleutian Islands Pacific 
cod longline'' fishery from Category II to Category III.
    NMFS reclassifies the ``Alaska Bering Sea sablefish pot fishery'' 
from Category II to Category III.
    NMFS determined that the ``Hawaii charter vessel'' and ``Hawaii 
trolling, rod and reel'' fisheries should remain classified as Category 
III fisheries.

Number of Vessels/Persons

    NMFS updates the estimated number of persons/vessels operating in 
the Pacific Ocean as follows:

----------------------------------------------------------------------------------------------------------------
                                                                           Estimated number    Estimated number
            Category                              Fishery                   of participants     of participants
                                                                           (Final 2012 LOF)    (Final 2013 LOF)
----------------------------------------------------------------------------------------------------------------
I...............................  HI deep-set (tuna target) longline/set                 124                 129
                                   line.
I...............................  CA thresher shark/swordfish drift                       45                  25
                                   gillnet.
II..............................  AK Bristol Bay Salmon drift gillnet...                1862                1863
II..............................  AK Bristol Bay salmon set gillnet.....                 983                 982
II..............................  AK Cook Inlet salmon drift gillnet....                 571                 569
II..............................  AK Kodiak salmon purse seine..........                 370                 379
II..............................  AK Peninsula/Aleutian Islands salmon                   115                 114
                                   set gillnet.
II..............................  AK Yakutat salmon set gillnet.........                 166                 167
II..............................  HI shallow-set (swordfish target)                       28                  20
                                   longline/set line.
II..............................  American Samoa longline...............                  26                  24
II..............................  HI shortline..........................                  13                  11
II..............................  AK Southeast salmon drift gillnet.....                 476                 474
III.............................  AK Bering Sea, Aleutian Islands                         54                 154
                                   Pacific cod longline.
III.............................  AK Bering Sea, Aleutian Islands                         29                  36
                                   Greenland Turbot longline.
III.............................  AK Kuskokwim, Yukon, Norton Sound,                     824                1702
                                   Kotzebue salmon gillnet.
III.............................  AK roe herring and food/bait herring                   986                 990
                                   gillnet.
III.............................  AK roe herring and food/bait purse                     361                 367
                                   seine.
III.............................  AK salmon purse seine (excluding                       936                 935
                                   salmon purse seine fisheries listed
                                   as Category II).
III.............................  AK salmon troll.......................                2045                2008
III.............................  AK Gulf of Alaska Pacific cod longline                 440                 107

[[Page 53347]]

 
III.............................  AK halibut longline/set line (State                   2521                2280
                                   and Federal waters).
III.............................  AK State-managed waters longline/                     1448                1323
                                   setline (including sablefish,
                                   rockfish, lingcod, and miscellaneous
                                   finfish).
III.............................  AK miscellaneous finfish otter/beam                    317                 282
                                   trawl.
III.............................  AK shrimp otter trawl and beam trawl                    32                  33
                                   (statewide and Cook Inlet).
III.............................  AK statewide miscellaneous finfish pot                 293                 243
III.............................  AK BSAI crab pot......................                 297                 296
III.............................  AK Gulf of Alaska crab pot............                 300                 389
III.............................  AK southeast Alaska crab pot..........                 433                 415
III.............................  AK Southeast Alaska shrimp pot........                 283                 274
III.............................  AK shrimp pot, except southeast.......                  15                 210
III.............................  AK Octopus/squid pot..................                  27                  26
III.............................  AK miscellaneous finfish handline/hand                 445                 456
                                   troll and mechanical jig.
III.............................  AK North Pacific halibut handline/hand                 228                 180
                                   troll and mechanical jig.
III.............................  AK herring spawn on kelp pound net....                 415                 411
III.............................  AK Southeast herring roe/food/bait                       6                   4
                                   pound net.
III.............................  AK urchin and other fish/shellfish....                 570                 521
III.............................  AK North Pacific halibut, AK bottom         1,302 (102 AK)      1,320 (120 AK)
                                   fish, WA/OR/CA albacore, groundfish,
                                   bottom fish, CA halibut non-salmonid
                                   troll fisheries.
III.............................  HI inshore gillnet....................                  44                  36
III.............................  HI opelu/akule net....................                  16                  22
III.............................  HI inshore purse seine................                   5                  <3
III.............................  HI throw net, cast net................                  22                  29
III.............................  HI hukilau net........................                  27                  26
III.............................  HI lobster tangle net.................                   1                   0
III.............................  American Samoa tuna troll.............                 <50                   7
III.............................  HI trolling, rod and reel.............               2,191               1,560
III.............................  Commonwealth of the Northern Mariana                    88                  40
                                   Islands tuna troll.
III.............................  Guam tuna troll.......................                 401                 432
III.............................  HI kaka line..........................                  24                  17
III.............................  HI vertical longline..................                  10                   9
III.............................  HI crab trap..........................                   5                   9
III.............................  HI fish trap..........................                  13                   9
III.............................  HI lobster trap.......................                   1                  <3
III.............................  HI shrimp trap........................                   2                   4
III.............................  HI crab net...........................                   5                   6
III.............................  HI Kona crab loop net.................                  46                  48
III.............................  American Samoa bottomfish.............                 <50                  12
III.............................  Commonwealth of the Northern Mariana                   <50                  28
                                   Islands bottomfish.
III.............................  Guam bottomfish.......................                 200                >300
III.............................  HI aku boat, pole, and line...........                   2                   3
III.............................  HI Main Hawaiian Islands deep-sea                      569                 567
                                   bottomfish handline.
III.............................  HI inshore handline...................                 416                 378
III.............................  HI tuna handline......................                 445                 459
III.............................  Western Pacific squid jig.............                   6                   1
III.............................  HI bullpen trap.......................                   4                  <3
III.............................  HI black coral diving.................                   1                  <3
III.............................  HI handpick...........................                  61                  57
III.............................  HI lobster diving.....................                  39                  29
III.............................  HI spearfishing.......................                 144                 143
----------------------------------------------------------------------------------------------------------------

List of Species or Stocks Incidentally Killed or Injured in the Pacific 
Ocean

    NMFS adds sperm whales (CA/OR/WA stock) and bottlenose dolphins 
(CA/OR/WA offshore stock) to the list of species or stocks incidentally 
killed or injured in the Category I ``CA thresher shark/swordfish drift 
gillnet'' fishery. NMFS, further, adds a superscript ``1'' after sperm 
whale (CA/OR/WA stock), indicating that this stock is a driver for the 
Category I classification of this fishery. NMFS, also, removes the 
superscript ``\1\'' from the humpback whale (CA/OR/WA stock).
    NMFS adds bottlenose dolphins (CA/OR/WA offshore stock) to the list 
of species or stocks incidentally killed or injured in the Category III 
``WA/OR/CA groundfish, bottomfish longline/set line'' fishery.
    NMFS makes several changes to the list of species or stocks 
incidentally killed or injured in the Category II ``HI shallow-set 
(swordfish target) longline'' fishery. NMFS adds short-finned pilot 
whales (Hawaiian stock), removes Bryde's whales (Hawaiian stock), and 
adds a superscript ``\1\'' following false killer whale (Hawaii pelagic 
stock), to indicate the stock is driving the fishery's Category II 
classification. NMFS removes the superscript ``\1\'' following 
bottlenose dolphin (Hawaii pelagic stock), to indicate the stock is no 
longer driving the fishery's Category II classification.
    NMFS removes humpback whales (Central North Pacific stock) and 
Blainville's beaked whales (Hawaiian stock) from the list of species or 
stocks incidentally killed or injured in the Category I ``Hawaii deep-
set (tuna target) longline'' fishery.
    NMFS adds pantropical spotted dolphins (Hawaii stock) to the list 
of species or stocks incidentally injured or killed in the Category III 
``Hawaii trolling, rod and reel'' and ``Hawaii charter vessel'' 
fisheries.
    NMFS makes several changes to the list of species or stocks 
incidentally killed or injured in the Category II ``Alaska Bering Sea 
and Aleutian Islands Flatfish trawl'' fishery. NMFS adds gray whales 
(Eastern North Pacific stock), humpback whales (Western North Pacific 
stock), killer whales (Gulf of Alaska, Aleutian Islands, and Bering Sea 
transient stock), and ringed seals (Alaska stock).
    NMFS makes several changes to the list of species or stocks 
incidentally killed or injured in the Category II

[[Page 53348]]

``Alaska Bering Sea and Aleutian Islands Pollock trawl'' fishery. NMFS 
adds ringed seals (Alaska stock), bearded seals (Alaska stock), and 
Northern fur seals (Eastern Pacific stock). NMFS removes killer whales 
(Eastern North Pacific, Gulf of Alaska, Aleutian Islands, and Bering 
Sea transient stock) and minke whales (Alaska stock).
    NMFS makes several changes to the list of species or stocks 
incidentally injured or killed by the Category III ``Alaska Bering Sea 
and Aleutian Islands Pacific Cod longline'' fishery. NMFS adds Northern 
fur seals (eastern Pacific stock) and Dall's Porpoise (Alaska stock), 
and removes Steller sea lions (Western United States stock), ribbon 
seals (Alaska stock), and killer whales (Alaska Resident stock).
    NMFS adds Steller sea lions (Western United States stock) to the 
list of species or stocks incidentally injured or killed by the 
Category III ``Gulf of Alaska Pacific Cod longline'' fishery.
    NMFS removes Steller sea lions (Eastern United States stock) from 
the list of species or stocks incidentally injured or killed by the 
Category III ``Gulf of Alaska Sablefish longline'' fishery.
    NMFS removes Steller sea lions (Eastern United States stock) from 
the list of species or stocks incidentally injured or killed by the 
Category III ``Alaska Halibut longline'' fishery.
    NMFS adds ribbon seal (Alaska stock) to the list of species or 
stocks incidentally injured or killed by the Category III ``Atka 
Mackerel trawl'' fishery.
    NMFS removes harbor seals (Bering Sea stock) from the list of 
species or stocks incidentally injured or killed by the Category III 
``Bering Sea/Aleutian Islands Pacific Cod trawl'' fishery.
    NMFS removes humpback whales (Western North Pacific stock) and 
(Central North Pacific stock) from the list of species or stocks 
incidentally injured or killed by the Category III ``Alaska Bering Sea 
sablefish pot'' fishery.

Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and 
Caribbean

Number of Vessels/Persons

    NMFS updates the estimated number of vessels/persons in commercial 
fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean.

----------------------------------------------------------------------------------------------------------------
                                                                           Estimated number    Estimated number
            Category                              Fishery                   of participants     of participants
                                                                           (Final 2012 LOF)    (Final 2013 LOF)
----------------------------------------------------------------------------------------------------------------
I...............................  Atlantic Ocean, Caribbean, Gulf of                      94                 420
                                   Mexico large pelagic longline.
I...............................  Northeast Sink Gillnet................               3,828               4,375
I...............................  Mid Atlantic Gillnet..................               6,402               5,509
I...............................  Northeast/Mid Atlantic American                     11,767              11,693
                                   Lobster Trap/Pot.
II..............................  North Carolina inshore gillnet........               2,250               1,323
II..............................  Southeast Atlantic gillnet............                 779                 357
II..............................  Atlantic blue crab trap/pot...........              10,008               8,557
II..............................  Northeast Anchored Float Gillnet......                 414                 421
II..............................  Northeast Mid Water Trawl (including                   887               1,103
                                   pair trawl).
II..............................  Mid Atlantic Mid Water Trawl                           669                 322
                                   (including pair trawl and flynet).
II..............................  Mid Atlantic Beach Haul Seine.........                 874                 565
II..............................  Northeast Bottom Trawl................               2,584               2,987
II..............................  Virginia Pound Net....................                 231                  67
II..............................  Northeast Drift Gillnet...............                 414                 311
II..............................  Atlantic Mixed Species Trap/Pot.......               3,526               3,467
II..............................  Mid Atlantic Bottom Trawl.............               1,388                 631
II..............................  Chesapeake Bay Inshore Gillnet........               3,328               1,126
II..............................  Mid Atlantic Menhaden Purse Seine.....                  56                   5
III.............................  Atlantic Shellfish Bottom Trawl.......                 >86                 >58
III.............................  Gulf of Maine Atlantic Herring Purse                    >6                  >7
                                   Seine.
III.............................  Northeast, Mid-Atlantic Bottom                      >1,281              >1,207
                                   Longline/Hook & Line.
III.............................  Gulf of Maine, U.S. Mid-Atlantic Sea                  >230                >403
                                   Scallop Dredge.
III.............................  Gulf of Maine herring and Atlantic                 Unknown                  >1
                                   mackerel stop seine/weir.
III.............................  Gulf of Maine, U.S. Mid-Atlantic tuna,                >403                 428
                                   shark swordfish hook-and-line/harpoon.
----------------------------------------------------------------------------------------------------------------

List of Species or Stocks Incidentally Killed or Injured

    NMFS removes bottlenose dolphin (Northern Gulf of Mexico 
continental shelf stock) from the list of species or stocks 
incidentally injured or killed in the Category I ``Atlantic Ocean, 
Caribbean, Gulf of Mexico large pelagics longline'' fishery.
    NMFS removes bottlenose dolphin (Eastern Gulf of Mexico coastal 
stock) from the list of species or stocks incidentally injured or 
killed in the Category II ``Gulf of Mexico gillnet'' fishery.
    NMFS removes Atlantic spotted dolphins (Western North Atlantic 
stock) from the list of species or stocks incidentally injured or 
killed in the Category II ``Southeastern U.S. Atlantic shark gillnet'' 
fishery.
    NMFS removes bottlenose dolphins (Eastern Gulf of Mexico coastal 
stock) from the list of species or stocks incidentally injured or 
killed in the Category II ``Gulf of Mexico menhaden purse seine'' 
fishery.
    NMFS removes dwarf sperm whales (Western North Atlantic stock) from 
the list of species or stocks incidentally injured or killed in the 
Category III ``Caribbean gillnet'' fishery.
    NMFS adds bottlenose dolphin (Southern South Carolina/Georgia 
coastal stock) to the list of species or stocks incidentally injured or 
killed in the Category III ``Georgia cannonball jellyfish trawl'' 
fishery.
    NMFS adds minke whales (Canadian East Coast stock) to the list of 
species or stocks incidentally killed or injured in the Category II 
``Northeast bottom trawl'' fishery.
    NMFS adds Risso's dolphins (Western North Atlantic stock) to the 
list of species or stocks incidentally killed or injured in the 
Category I ``Mid-Atlantic gillnet'' fishery.
    NMFS adds long-finned pilot whales (Western North Atlantic stock) 
and short-finned pilot whales (Western North Atlantic stock) to the 
list of species or stocks incidentally killed or injured in the 
Category I ``Northeast sink gillnet'' fishery.
    NMFS adds common dolphins (Western North Atlantic stock) and gray

[[Page 53349]]

seals (Western North Atlantic stock) to the list of species or stocks 
incidentally killed or injured in the Category II ``Northeast mid-water 
trawl'' fishery.
    NMFS adds gray seals (Western North Atlantic stock) to the list of 
species stocks incidentally killed or injured in the Category II ``Mid-
Atlantic bottom trawl'' fishery.

Commercial Fisheries on the High Seas

Number of Vessels/Persons

    NMFS updates the estimated number of HSFCA permits in multiple high 
seas fisheries for multiple gear types (Table 3). The updated numbers 
of HSFCA permits reflect the current number of permits in the NMFS 
National Permit System database.

----------------------------------------------------------------------------------------------------------------
                                                                           Number of  HSFCA    Number of  HSFCA
            Category                         High Seas Fishery              permits  (Final     permits  (Final
                                                                               2012 LOF)           2013 LOF)
----------------------------------------------------------------------------------------------------------------
I...............................  Atlantic Highly Migratory Species                       81                  79
                                   Longline.
II..............................  Atlantic HMS Drift Gillnet............                   1                   2
II..............................  Pacific HMS Drift Gillnet.............                   3                   4
II..............................  Atlantic HMS Trawl....................                   3                   5
II..............................  Western Pacific Pelagic Trawl.........                   1                   0
II..............................  South Pacific Tuna Purse Seine........                  33                  38
II..............................  South Pacific Tuna Longline...........                  11                  10
II..............................  Pacific HMS Handline/Pole and Line....                  30                  40
II..............................  South Pacific Albacore Handline/Pole                     8                   7
                                   and Line.
II..............................  Western Pacific Pelagic Handline/Pole                    8                   6
                                   and Line.
II..............................  Atlantic HMS Troll....................                   7                   5
II..............................  South Pacific Albacore Troll..........                  51                  36
II..............................  Western Pacific Pelagic Troll.........                  32                  22
III.............................  Pacific HMS Longline..................                  84                  96
III.............................  Pacific HMS Purse Seine...............                   7                   6
III.............................  Pacific HMS Troll.....................                 258                 263
----------------------------------------------------------------------------------------------------------------

List of Species or Stocks Incidentally Killed or Injured in High Seas 
Fisheries (Table 3)

    NMFS removes humpback whales (Central North Pacific stock) and 
Blainville's beaked whales (Hawaiian and unknown stocks) from the list 
of species or stocks incidentally killed or injured in the ``Western 
Pacific Pelagic (HI Deep-set component)'' fishery.
    NMFS removes Bryde's whales (Hawaiian and unknown stocks) and adds 
short-finned pilot whales (Hawaiian and unknown stocks) to the list of 
species or stocks incidentally killed or injured in the ``Western 
Pacific Pelagic (HI Shallow-set component)'' fishery.

Fisheries Affected by Take Reduction Teams and Plans

    NMFS updates the list of fisheries affected by take reduction teams 
and plans found in Table 4 of the LOF.
    In the Atlantic, Gulf of Mexico, and Caribbean region, two updates 
are made: The Atlantic portion of the ``Southeastern U.S. Atlantic, 
Gulf of Mexico shrimp trawl fishery'' is subject to the Bottlenose 
Dolphin Take Reduction Plan (BDTRP), and the ``Chesapeake Bay inshore 
gillnet fishery'' is also subject to the BDTRP.
    In the Pacific Ocean region, NMFS adds ``False Killer Whale Take 
Reduction Plan (FKWTRP)--50 CFR 229.37'' to the list of take reduction 
plans. Affected fisheries include the Category I ``Hawaii deep-set 
(tuna target) longline/set line'' and Category II ``Hawaii shallow-set 
(swordfish target) longline/set line'' fisheries.

List of Fisheries

    The following tables set forth the list of U.S. commercial 
fisheries according to their classification under section 118 of the 
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean 
(including Alaska); Table 2 lists commercial fisheries in the Atlantic 
Ocean, Gulf of Mexico, and Caribbean; Table 3 lists commercial 
fisheries on the high seas; and Table 4 lists fisheries affected by 
TRPs or TRTs.
    In Tables 1 and 2, the estimated number of vessels/persons 
participating in fisheries operating within U.S. waters is expressed in 
terms of the number of active participants in the fishery, when 
possible. If this information is not available, the estimated number of 
vessels or persons licensed for a particular fishery is provided, which 
represents a measure of potential effort. If no recent information is 
available on the number of participants, vessels, or persons licensed 
in a fishery, then the number from the most recent LOF is used for the 
estimated number of vessels/persons in the fishery. NMFS acknowledges 
that, in some cases, these estimations may be inflations of actual 
effort, such as for many of the Mid-Atlantic and New England fisheries. 
However, in these cases, the numbers represent the potential effort for 
each fishery, given the multiple gear types several state permits may 
allow for. Changes made to Mid-Atlantic and New England fishery 
participants will not affect observer coverage or bycatch estimates as 
observer coverage and bycatch estimates are based on vessel trip 
reports and landings data. For additional information on fishing effort 
in fisheries found on Table 1 or 2, NMFS refers the reader to contact 
the relevant regional office (contact information included above in 
SUPPLEMENTARY INFORMATION).
    For high seas fisheries, Table 3 lists the number of currently 
valid HSFCA permits held. Although this likely overestimates the number 
of active participants in many of these fisheries, the number of valid 
HSFCA permits is the most reliable data on the potential effort in high 
seas fisheries at this time.
    Tables 1, 2, and 3 also list the marine mammal species or stocks 
incidentally killed or injured in each fishery based on observer data, 
logbook data, stranding reports, disentanglement network data, and MMAP 
reports. This list includes all species or stocks known to be injured 
or killed in a given fishery but also includes species or stocks for 
which there are anecdotal records of an injury or mortality. 
Additionally, species identified by logbook entries, stranding data, or 
fishermen self-reports (i.e., MMAP reports) may not be verified. In 
Tables 1 and 2, NMFS has designated those stocks driving a fishery's 
classification (i.e., the fishery is classified based on serious 
injuries and mortalities of a marine mammal stock that are greater than 
50 percent [Category I], or greater than 1 percent

[[Page 53350]]

and less than 50 percent [Category II], of a stock's PBR) by a ``\1\'' 
after the stock's name.
    In Tables 1 and 2, there are several fisheries classified as 
Category II that have no recent documented injuries or mortalities of 
marine mammals, or fisheries that did not result in a serious injury or 
mortality rate greater than 1 percent of a stock's PBR level based on 
known interactions. NMFS has classified these fisheries by analogy to 
other Category I or II fisheries that use similar fishing techniques or 
gear that are known to cause mortality or serious injury of marine 
mammals, as discussed in the final LOF for 1996 (60 FR 67063, December 
28, 1995), and according to factors listed in the definition of a 
``Category II fishery'' in 50 CFR 229.2 (i.e., fishing techniques, gear 
used, methods used to deter marine mammals, target species, seasons and 
areas fished, qualitative data from logbooks or fisher reports, 
stranding data, and the species and distribution of marine mammals in 
the area). NMFS has designated those fisheries listed by analogy in 
Tables 1 and 2 by a ``\2\'' after the fishery's name.
    There are several fisheries in Tables 1, 2, and 3 in which a 
portion of the fishing vessels cross the EEZ boundary and therefore 
operate both within U.S. waters and on the high seas. These fisheries, 
though listed separately between Table 1 or 2 and Table 3, are 
considered the same fishery on either side of the EEZ boundary. NMFS 
has designated those fisheries in each table by a ``*'' after the 
fishery's name.

  Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
                                                   Marine mammal species
                                Estimated  of vessels/    incidentally killed
                                     persons             or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:
    HI deep-set (tuna target)   129..............  Bottlenose dolphin,
     longline/set line                              HI Pelagic
     *[supcaret].
                                                   False killer whale,
                                                    HI Insular \1\
                                                   False killer whale,
                                                    HI Pelagic \1\
                                                   False killer whale,
                                                    Palmyra Atoll
                                                   Pantropical spotted
                                                    dolphin, HI
                                                   Risso's dolphin, HI
                                                   Short-finned pilot
                                                    whale, HI
                                                   Striped dolphin, HI
GILLNET FISHERIES:
    CA thresher shark/          25...............  Bottlenose dolphin,
     swordfish drift gillnet                        CA/OR/WA offshore
     (>=14 in mesh) *.
                                                   California sea lion,
                                                    U.S.
                                                   Humpback whale, CA/OR/
                                                    WA
                                                   Long-beaked common
                                                    dolphin, CA
                                                   Northern elephant
                                                    seal, CA breeding
                                                   Northern right-whale
                                                    dolphin, CA/OR/WA
                                                   Pacific white-sided
                                                    dolphin, CA/OR/WA
                                                   Risso's dolphin, CA/
                                                    OR/WA
                                                   Short-beaked common
                                                    dolphin, CA/OR/WA
                                                   Sperm whale, CA/OR/WA
                                                    \1\
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
GILLNET FISHERIES:
    CA halibut/white seabass    50...............  California sea lion,
     and other species set                          U.S.
     gillnet (>3.5 in mesh).
                                                   Harbor seal, CA
                                                   Humpback whale, CA/OR/
                                                    WA \1\
                                                   Long-beaked common
                                                    dolphin, CA
                                                   Northern elephant
                                                    seal, CA breeding
                                                   Sea otter, CA
                                                   Short-beaked common
                                                    dolphin, CA/OR/WA
    CA yellowtail, barracuda,   30...............  California sea lion,
     and white seabass drift                        U.S.
     gillnet (mesh size >=3.5
     in and <14 in) \2\.
                                                   Long-beaked common
                                                    dolphin, CA
                                                   Short-beaked common
                                                    dolphin, CA/OR/WA
    AK Bristol Bay salmon       1,863............  Beluga whale, Bristol
     drift gillnet \2\.                             Bay
                                                   Gray whale, Eastern
                                                    North Pacific
                                                   Harbor seal, Bering
                                                    Sea
                                                   Northern fur seal,
                                                    Eastern Pacific
                                                   Pacific white-sided
                                                    dolphin, North
                                                    Pacific
                                                   Spotted seal, AK
                                                   Steller sea lion,
                                                    Western U.S.
    AK Bristol Bay salmon set   982..............  Beluga whale, Bristol
     gillnet \2\.                                   Bay
                                                   Gray whale, Eastern
                                                    North Pacific
                                                   Harbor seal, Bering
                                                    Sea
                                                   Northern fur seal,
                                                    Eastern Pacific
                                                   Spotted seal, AK
    AK Kodiak salmon set        188..............  Harbor porpoise, GOA
     gillnet.                                       \1\
                                                   Harbor seal, GOA
                                                   Sea otter, Southwest
                                                    AK
                                                   Steller sea lion,
                                                    Western U.S.

[[Page 53351]]

 
    AK Cook Inlet salmon set    738..............  Beluga whale, Cook
     gillnet.                                       Inlet
                                                   Dall's porpoise, AK
                                                   Harbor porpoise, GOA
                                                   Harbor seal, GOA
                                                   Humpback whale,
                                                    Central North
                                                    Pacific \1\
                                                   Steller sea lion,
                                                    Western U.S.
    AK Cook Inlet salmon drift  569..............  Beluga whale, Cook
     gillnet.                                       Inlet
                                                   Dall's porpoise, AK
                                                   Harbor porpoise, GOA
                                                    \1\
                                                   Harbor seal, GOA
                                                   Steller sea lion,
                                                    Western U.S.
    AK Peninsula/Aleutian       162..............  Dall's porpoise, AK
     Islands salmon drift
     gillnet \2\.
                                                   Harbor porpoise, GOA
                                                   Harbor seal, GOA
                                                   Northern fur seal,
                                                    Eastern Pacific
    AK Peninsula/Aleutian       114..............  Harbor porpoise,
     Islands salmon set                             Bering Sea
     gillnet \2\.
                                                   Steller sea lion,
                                                    Western U.S.
    AK Prince William Sound     537..............  Dall's porpoise, AK
     salmon drift gillnet.
                                                   Harbor porpoise, GOA
                                                    \1\
                                                   Harbor seal, GOA
                                                   Northern fur seal,
                                                    Eastern Pacific
                                                   Pacific white-sided
                                                    dolphin, North
                                                    Pacific
                                                   Sea otter, South
                                                    Central AK
                                                   Steller sea lion,
                                                    Western U.S. \1\
    AK Southeast salmon drift   474..............  Dall's porpoise, AK
     gillnet.
                                                   Harbor porpoise,
                                                    Southeast AK
                                                   Harbor seal,
                                                    Southeast AK
                                                   Humpback whale,
                                                    Central North
                                                    Pacific \1\
                                                   Pacific white-sided
                                                    dolphin, North
                                                    Pacific
                                                   Steller sea lion,
                                                    Eastern U.S.
    AK Yakutat salmon set       167..............  Gray whale, Eastern
     gillnet \2\.                                   North Pacific
                                                   Harbor porpoise,
                                                    Southeastern AK
                                                   Harbor seal,
                                                    Southeast AK
                                                   Humpback whale,
                                                    Central North
                                                    Pacific (Southeast
                                                    AK)
    WA Puget Sound Region       210..............  Dall's porpoise, CA/
     salmon drift gillnet                           OR/WA
     (includes all inland
     waters south of US-Canada
     border and eastward of
     the Bonilla-Tatoosh line-
     Treaty Indian fishing is
     excluded).
                                                   Harbor porpoise,
                                                    inland WA \1\
                                                   Harbor seal, WA
                                                    inland
PURSE SEINE FISHERIES:
    AK Cook Inlet salmon purse  82...............  Humpback whale,
     seine.                                         Central North
                                                    Pacific \1\
    AK Kodiak salmon purse      379..............  Humpback whale,
     seine.                                         Central North
                                                    Pacific \1\
TRAWL FISHERIES:
    AK Bering Sea, Aleutian     34...............  Bearded seal, AK
     Islands flatfish trawl.
                                                   Gray whale, Eastern
                                                    North Pacific
                                                   Harbor porpoise,
                                                    Bering Sea
                                                   Harbor seal, Bering
                                                    Sea
                                                   Humpback whale,
                                                    Western North
                                                    Pacific \1\
                                                   Killer whale, AK
                                                    resident \1\
                                                   Killer whale, GOA,
                                                    AI, BS transient \1\
                                                   Northern fur seal,
                                                    Eastern Pacific
                                                   Ringed seal, AK
                                                   Ribbon seal, AK
                                                   Spotted seal, AK
                                                   Steller sea lion,
                                                    Western U.S. \1\
                                                   Walrus, AK
    AK Bering Sea, Aleutian     95...............  Bearded seal, AK
     Islands pollock trawl.
                                                   Dall's porpoise, AK
                                                   Harbor seal, AK
                                                   Humpback whale,
                                                    Central North
                                                    Pacific
                                                   Humpback whale,
                                                    Western North
                                                    Pacific
                                                   Northern fur seal,
                                                    Eastern Pacific
                                                   Ribbon seal, AK
                                                   Ringed seal, AK
                                                   Spotted seal, AK
                                                   Steller sea lion,
                                                    Western U.S. \1\

[[Page 53352]]

 
    Bering Sea, Aleutian        28...............  Killer whale, ENP AK
     Islands rockfish trawl.                        resident \1\
                                                   Killer whale, GOA,
                                                    AI, BS transient \1\
POT, RING NET, AND TRAP
 FISHERIES:
    CA spot prawn pot.........  27...............  Gray whale, Eastern
                                                    North Pacific
                                                   Humpback whale, CA/OR/
                                                    WA \1\
    CA Dungeness crab pot.....  534..............  Gray whale, Eastern
                                                    North Pacific
                                                   Humpback whale, CA/OR/
                                                    WA \1\
    OR Dungeness crab pot.....  433..............  Gray whale, Eastern
                                                    North Pacific
                                                   Humpback whale, CA/OR/
                                                    WA \1\
    WA/OR/CA sablefish pot....  309..............  Humpback whale, CA/OR/
                                                    WA \1\
    WA coastal Dungeness crab   228..............  Gray whale, Eastern
     pot/trap.                                      North Pacific
                                                   Humpback whale, CA/OR/
                                                    WA \1\
LONGLINE/SET LINE FISHERIES:
    HI shallow-set (swordfish   20...............  Bottlenose dolphin,
     target) longline/set line                      HI Pelagic
     *[supcaret].
                                                   False killer whale,
                                                    HI Pelagic \1\
                                                   Humpback whale,
                                                    Central North
                                                    Pacific
                                                   Kogia sp. whale
                                                    (Pygmy or dwarf
                                                    sperm whale), HI
                                                   Risso's dolphin, HI
                                                   Short-finned pilot
                                                    whale, HI
                                                   Striped dolphin, HI
    American Samoa longline     24...............  False killer whale,
     \2\.                                           American Samoa
                                                   Rough-toothed
                                                    dolphin, American
                                                    Samoa
    HI shortline \2\..........  11...............  None documented
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
GILLNET FISHERIES:
    AK Kuskokwim, Yukon,        1702.............  Harbor porpoise,
     Norton Sound, Kotzebue                         Bering Sea
     salmon gillnet.
    AK miscellaneous finfish    3................  Steller sea lion,
     set gillnet.                                   Western U.S.
    AK Prince William Sound     30...............  Harbor seal, GOA
     salmon set gillnet.
                                                   Steller sea lion,
                                                    Western U.S.
    AK roe herring and food/    990..............  None documented
     bait herring gillnet.
    CA set gillnet (mesh size   304..............  None documented
     <3.5 in).
    HI inshore gillnet........  36...............  Bottlenose dolphin,
                                                    HI
                                                   Spinner dolphin, HI
    WA Grays Harbor salmon      24...............  Harbor seal, OR/WA
     drift gillnet (excluding                       coast
     treaty Tribal fishing).
    WA/OR herring, smelt,       913..............  None documented
     shad, sturgeon, bottom
     fish, mullet, perch,
     rockfish gillnet.
    WA/OR lower Columbia River  110..............  California sea lion,
     (includes tributaries)                         U.S.
     drift gillnet.
                                                   Harbor seal, OR/WA
                                                    coast
    WA Willapa Bay drift        82...............  Harbor seal, OR/WA
     gillnet.                                       coast
                                                   Northern elephant
                                                    seal, CA breeding
PURSE SEINE, BEACH SEINE,
 ROUND HAUL, THROW NET AND
 TANGLE NET FISHERIES:
    AK Southeast salmon purse   415..............  None documented in
     seine.                                         the most recent 5
                                                    years of data
    AK Metlakatla salmon purse  10...............  None documented
     seine.
    AK miscellaneous finfish    1................  None documented
     beach seine.
    AK miscellaneous finfish    2................  None documented
     purse seine.
    AK octopus/squid purse      0................  None documented
     seine.
    AK roe herring and food/    6................  None documented
     bait herring beach seine.
    AK roe herring and food/    367..............  None documented
     bait herring purse seine.
    AK salmon beach seine.....  31...............  None documented
    AK salmon purse seine       935..............  Harbor seal, GOA
     (excluding salmon purse
     seine fisheries listed as
     Category II).
    CA anchovy, mackerel,       65...............  California sea lion,
     sardine purse seine.                           U.S.
                                                   Harbor seal, CA
    CA squid purse seine......  80...............  Long-beaked common
                                                    dolphin, CA Short-
                                                    beaked common
                                                    dolphin, CA/OR/WA
    CA tuna purse seine *.....  10...............  None documented
    WA/OR sardine purse seine.  42...............  None documented
    WA (all species) beach      235..............  None documented
     seine or drag seine.
    WA/OR herring, smelt,       130..............  None documented
     squid purse seine or
     lampara.

[[Page 53353]]

 
    WA salmon purse seine.....  440..............  None documented
    WA salmon reef net........  53...............  None documented
    HI opelu/akule net........  22...............  None documented
    HI inshore purse seine....  <3...............  None documented
    HI throw net, cast net....  29...............  None documented
    HI hukilau net............  26...............  None documented
    HI lobster tangle net.....  0................  None documented
DIP NET FISHERIES:
    CA squid dip net..........  115..............  None documented
    WA/OR smelt, herring dip    119..............  None documented
     net.
MARINE AQUACULTURE FISHERIES:
    CA marine shellfish         unknown..........  None documented
     aquaculture.
    CA salmon enhancement       >1...............  None documented
     rearing pen.
    CA white seabass            13...............  California sea lion,
     enhancement net pens.                          U.S.
    HI offshore pen culture...  2................  None documented
    OR salmon ranch...........  1................  None documented
    WA/OR salmon net pens.....  14...............  California sea lion,
                                                    U.S.
                                                   Harbor seal, WA
                                                    inland waters
TROLL FISHERIES:
    AK North Pacific halibut,   1,320 (120 AK)...  None documented
     AK bottom fish, WA/OR/CA
     albacore, groundfish,
     bottom fish, CA halibut
     non-salmonid troll
     fisheries *.
    AK salmon troll...........  2,008............  Steller sea lion,
                                                    Eastern U.S.
                                                   Steller sea lion,
                                                    Western U.S.
    American Samoa tuna troll.  7................  None documented
    CA/OR/WA salmon troll.....  4,300............  None documented
    HI trolling, rod and reel.  1,560............  Pantropical spotted
                                                    dolphin, HI
    Commonwealth of the         40...............  None documented
     Northern Mariana Islands
     tuna troll.
    Guam tuna troll...........  432..............  None documented
LONGLINE/SET LINE FISHERIES:
    AK Bering Sea, Aleutian     154..............  Dall's Porpoise, AK
     Islands Pacific cod                           Northern fur seal,
     longline.                                      Eastern Pacific
    AK Bering Sea, Aleutian     0................  None documented
     Islands rockfish longline.
    AK Bering Sea, Aleutian     36...............  Killer whale, AK
     Islands Greenland turbot                       resident
     longline.
    AK Bering Sea, Aleutian     28...............  None documented
     Islands sablefish
     longline.
    AK Gulf of Alaska halibut   1,302............  None documented
     longline.
    AK Gulf of Alaska Pacific   107..............  Steller sea lion,
     cod longline.                                  Western U.S.
    AK Gulf of Alaska rockfish  0................  None documented
     longline.
    AK Gulf of Alaska           291..............  Sperm whale, North
     sablefish longline.                            Pacific
    AK halibut longline/set     2,280............  None documented in
     line (State and Federal                        the most recent 5
     waters).                                       years of data
    AK octopus/squid longline.  2................  None documented
    AK State-managed waters     1,323............  None documented
     longline/setline
     (including sablefish,
     rockfish, lingcod, and
     miscellaneous finfish).
    WA/OR/CA groundfish,        367..............  Bottlenose dolphin,
     bottomfish longline/set                        CA/OR/WA offshore
     line.
    WA/OR North Pacific         350..............  None documented
     halibut longline/set line.
    CA pelagic longline.......  6................  None documented in
                                                    the most recent 5
                                                    years of data
    HI kaka line..............  17...............  None documented
    HI vertical longline......  9................  None documented
TRAWL FISHERIES:
    AK Bering Sea, Aleutian     9................  Ribbon seal, AK
     Islands Atka mackerel                         Steller sea lion,
     trawl.                                         Western U.S.
    AK Bering Sea, Aleutian     93...............  Steller sea lion,
     Islands Pacific cod trawl.                     Western U.S.
    AK Gulf of Alaska flatfish  41...............  Northern elephant
     trawl.                                         seal, NP
    AK Gulf of Alaska Pacific   62...............  Steller sea lion,
     cod trawl.                                     Western U.S.
    AK Gulf of Alaska pollock   62...............  Dall's porpoise, AK
     trawl.
                                                   Fin whale, Northeast
                                                    Pacific
                                                   Northern elephant
                                                    seal, North Pacific
                                                   Steller sea lion,
                                                    Western U.S.
    AK Gulf of Alaska rockfish  34...............  None documented
     trawl.
    AK food/bait herring trawl  4................  None documented
    AK miscellaneous finfish    282..............  None documented
     otter/beam trawl.

[[Page 53354]]

 
    AK shrimp otter trawl and   33...............  None documented
     beam trawl (statewide and
     Cook Inlet).
    AK State-managed waters of  2................  None documented
     Cook Inlet, Kachemak Bay,
     Prince William Sound,
     Southeast AK groundfish
     trawl.
    CA halibut bottom trawl...  53...............  None documented
    WA/OR/CA shrimp trawl.....  300..............  None documented
    WA/OR/CA groundfish trawl.  160-180..........  California sea lion,
                                                    U.S.
                                                   Dall's porpoise, CA/
                                                    OR/WA
                                                   Harbor seal, OR/WA
                                                    coast
                                                   Northern fur seal,
                                                    Eastern Pacific
                                                   Pacific white-sided
                                                    dolphin, CA/OR/WA
                                                   Steller sea lion,
                                                    Eastern U.S.
POT, RING NET, AND TRAP
 FISHERIES:
    AK statewide miscellaneous  243..............  None documented
     finfish pot.
    AK Aleutian Islands         8................  None documented
     sablefish pot.
    AK Bering Sea, Aleutian     68...............  None documented
     Islands Pacific cod pot.
    AK Bering Sea, Aleutian     296..............  None documented
     Islands crab pot.
    AK Bering Sea sablefish     6................  None documented
     pot.
    AK Gulf of Alaska crab pot  389..............  None documented
    AK Gulf of Alaska Pacific   154..............  Harbor seal, GOA
     cod pot.
    AK Southeast Alaska crab    415..............  Humpback whale,
     pot.                                           Central North
                                                    Pacific (Southeast
                                                    AK)
    AK Southeast Alaska shrimp  274..............  Humpback whale,
     pot.                                           Central North
                                                    Pacific (Southeast
                                                    AK)
    AK shrimp pot, except       210..............  None documented
     Southeast.
    AK octopus/squid pot......  26...............  None documented
    AK snail pot..............  1................  None documented
    CA coonstripe shrimp, rock  305..............  Gray whale, Eastern
     crab, tanner crab pot or                       North Pacific
     trap.
                                                   Harbor seal, CA
    CA spiny lobster..........  225..............  Gray whale, Eastern
                                                    North Pacific
    OR/CA hagfish pot or trap.  54...............  None documented
    WA/OR shrimp pot/trap.....  254..............  None documented
    WA Puget Sound Dungeness    249..............  None documented
     crab pot/trap.
    HI crab trap..............  9................  None documented
    HI fish trap..............  9................  None documented
    HI lobster trap...........  <3...............  Hawaiian monk seal
    HI shrimp trap............  4................  None documented
    HI crab net...............  6................  None documented
    HI Kona crab loop net.....  48...............  None documented
HANDLINE AND JIG FISHERIES:
    AK miscellaneous finfish    456..............  None documented
     handline/hand troll and
     mechanical jig.
    AK North Pacific halibut    180..............  None documented
     handline/hand troll and
     mechanical jig.
    AK octopus/squid handline.  0................  None documented
    American Samoa bottomfish.  12...............  None documented
    Commonwealth of the         28...............  None documented
     Northern Mariana Islands
     bottomfish.
    Guam bottomfish...........  >300.............  None documented
    HI aku boat, pole, and      3................  None documented
     line.
    HI Main Hawaiian Islands    567..............  Hawaiian monk seal
     deep-sea bottomfish
     handline.
    HI inshore handline.......  378..............  None documented
    HI tuna handline..........  459..............  None documented
    WA groundfish, bottomfish   679..............  None documented
     jig.
    Western Pacific squid jig.  <3...............  None documented
HARPOON FISHERIES:
    CA swordfish harpoon......  30...............  None documented
POUND NET/WEIR FISHERIES:
    AK herring spawn on kelp    411..............  None documented
     pound net.
    AK Southeast herring roe/   4................  None documented
     food/bait pound net.
    WA herring brush weir.....  1................  None documented
    HI bullpen trap...........  <3...............  None documented
BAIT PENS:
    WA/OR/CA bait pens........  13...............  California sea lion,
                                                    U.S.
DREDGE FISHERIES:
    Coastwide scallop dredge..  108 (12 AK)......  None documented

[[Page 53355]]

 
DIVE, HAND/MECHANICAL
 COLLECTION FISHERIES:
    AK abalone................  0................  None documented
    AK clam...................  156..............  None documented
    WA herring spawn on kelp..  4................  None documented
    AK Dungeness crab.........  2................  None documented
    AK herring spawn on kelp..  266..............  None documented
    AK urchin and other fish/   521..............  None documented
     shellfish.
    CA abalone................  0................  None documented
    CA sea urchin.............  583..............  None documented
    HI black coral diving.....  <3...............  None documented
    HI fish pond..............  16...............  None documented
    HI handpick...............  57...............  None documented
    HI lobster diving.........  29...............  None documented
    HI spearfishing...........  143..............  None documented
    WA/CA kelp................  4................  None documented
    WA/OR sea urchin, other     637..............  None documented
     clam, octopus, oyster,
     sea cucumber, scallop,
     ghost shrimp hand, dive,
     or mechanical collection.
    WA shellfish aquaculture..  684..............  None documented
COMMERCIAL PASSENGER FISHING
 VESSEL (CHARTER BOAT)
 FISHERIES:
    AK/WA/OR/CA commercial      >7,000 (2,702 AK)  Killer whale, stock
     passenger fishing vessel.                      unknown
                                                   Steller sea lion,
                                                    Eastern U.S.
                                                   Steller sea lion,
                                                    Western U.S.
    HI charter vessel.........  114..............  Pantropical spotted
                                                    dolphin, HI
LIVE FINFISH/SHELLFISH
 FISHERIES:
    CA nearshore finfish live   93...............  None documented
     trap/hook-and-line.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1: AK--Alaska; CA--
  California; GOA--Gulf of Alaska; HI--Hawaii; OR--Oregon; WA--
  Washington; \1\ Fishery classified based on serious injuries and
  mortalities of this stock, which are greater than 50 percent (Category
  I) or greater than 1 percent and less than 50 percent (Category II) of
  the stock's PBR; \2\ Fishery classified by analogy; * Fishery has an
  associated high seas component listed in Table 3; [supcaret] The list
  of marine mammal species or stocks killed or injured in this fishery
  is identical to the list of species or stocks killed or injured in
  high seas component of the fishery, minus species or stocks have
  geographic ranges exclusively on the high seas. The species or stocks
  are found, and the fishery remains the same, on both sides of the EEZ
  boundary. Therefore, the EEZ components of these fisheries pose the
  same risk to marine mammals as the components operating on the high
  seas.[supcaret]


 Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
                      Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
                                                   Marine mammal species
                                Estimated  of vessels/    incidentally killed
                                     persons             or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
GILLNET FISHERIES:
    Mid-Atlantic gillnet......  5,509............  Bottlenose dolphin,
                                                    Northern Migratory
                                                    coastal \1\
                                                   Bottlenose dolphin,
                                                    Southern Migratory
                                                    coastal \1\
                                                   Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system \1\
                                                   Bottlenose dolphin,
                                                    Southern NC
                                                    estuarine system \1\
                                                   Bottlenose dolphin,
                                                    WNA offshore
                                                   Common dolphin, WNA
                                                   Gray seal, WNA
                                                   Harbor porpoise, GME/
                                                    BF
                                                   Harbor seal, WNA
                                                   Harp seal, WNA
                                                   Humpback whale, Gulf
                                                    of Maine
                                                   Long-finned pilot
                                                    whale, WNA
                                                   Minke whale, Canadian
                                                    east coast
                                                   Risso's dolphin, WNA
                                                   Short-finned pilot
                                                    whale, WNA
                                                   White-sided dolphin,
                                                    WNA
    Northeast sink gillnet....  4,375............  Bottlenose dolphin,
                                                    WNA offshore
                                                   Common dolphin, WNA
                                                   Fin whale, WNA
                                                   Gray seal, WNA
                                                   Harbor porpoise, GME/
                                                    BF \1\
                                                   Harbor seal, WNA
                                                   Harp seal, WNA
                                                   Hooded seal, WNA

[[Page 53356]]

 
                                                   Humpback whale, Gulf
                                                    of Maine
                                                   Long-finned Pilot
                                                    whale, WNA
                                                   Minke whale, Canadian
                                                    east coast
                                                   North Atlantic right
                                                    whale, WNA
                                                   Risso's dolphin, WNA
                                                   Short-finned Pilot
                                                    whale, WNA
                                                   White-sided dolphin,
                                                    WNA
TRAP/POT FISHERIES:
    Northeast/Mid-Atlantic      11,693...........  Harbor seal, WNA
     American lobster trap/pot.
                                                   Humpback whale, Gulf
                                                    of Maine
                                                   Minke whale, Canadian
                                                    east coast
                                                   North Atlantic right
                                                    whale, WNA \1\
LONGLINE FISHERIES:
    Atlantic Ocean, Caribbean,  234..............  Atlantic spotted
     Gulf of Mexico large                           dolphin, GMX
     pelagics longline*.                            continental and
                                                    oceanic
                                                   Atlantic spotted
                                                    dolphin, WNA
                                                   Bottlenose dolphin,
                                                    Northern GMX oceanic
                                                   Bottlenose dolphin,
                                                    WNA offshore
                                                   Common dolphin, WNA
                                                   Cuvier's beaked
                                                    whale, WNA
                                                   Gervais beaked whale,
                                                    GMX oceanic
                                                   Killer whale, GMX
                                                    oceanic
                                                   Long-finned pilot
                                                    whale, WNA \1\
                                                   Mesoplodon beaked
                                                    whale, WNA
                                                   Northern bottlenose
                                                    whale, WNA
                                                   Pantropical spotted
                                                    dolphin, Northern
                                                    GMX
                                                   Pantropical spotted
                                                    dolphin, WNA
                                                   Risso's dolphin,
                                                    Northern GMX
                                                   Risso's dolphin, WNA
                                                   Short-finned pilot
                                                    whale, Northern GMX
                                                   Short-finned pilot
                                                    whale, WNA \1\
                                                   Sperm whale, GMX
                                                    oceanic
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
GILLNET FISHERIES:
    Chesapeake Bay inshore      1,126............  None documented in
     gillnet \2\.                                   the most recent 5
                                                    years of data
    Gulf of Mexico gillnet \2\  724..............  Bottlenose dolphin,
                                                    GMX bay, sound, and
                                                    estuarine
                                                   Bottlenose dolphin,
                                                    Northern GMX coastal
                                                   Bottlenose dolphin,
                                                    Western GMX coastal
    NC inshore gillnet........  1,323............  Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system \1\
                                                   Bottlenose dolphin,
                                                    Southern NC
                                                    estuarine system \1\
    Northeast anchored float    421..............  Harbor seal, WNA
     gillnet \2\.
                                                   Humpback whale, Gulf
                                                    of Maine
                                                   White-sided dolphin,
                                                    WNA
    Northeast drift gillnet     311..............  None documented
     \2\.
    Southeast Atlantic gillnet  357..............  Bottlenose dolphin,
     \2\.                                           Southern Migratory
                                                    coastal
                                                   Bottlenose dolphin,
                                                    SC/GA coastal
                                                   Bottlenose dolphin,
                                                    Central FL coastal
                                                   Bottlenose dolphin,
                                                    Northern FL coastal
    Southeastern U.S. Atlantic  30...............  Bottlenose dolphin,
     shark gillnet.                                 Central FL coastal
                                                    \1\
                                                   Bottlenose dolphin,
                                                    Northern FL coastal
                                                   North Atlantic right
                                                    whale, WNA
TRAWL FISHERIES:
    Mid-Atlantic mid-water      322..............  Bottlenose dolphin,
     trawl (including pair                          WNA offshore
     trawl).
                                                   Common dolphin, WNA
                                                   Long-finned pilot
                                                    whale, WNA
                                                   Risso's dolphin, WNA
                                                   Short-finned pilot
                                                    whale, WNA
                                                   White-sided dolphin,
                                                    WNA \1\
    Mid-Atlantic bottom trawl.  631..............  Bottlenose dolphin,
                                                    WNA offshore
                                                   Common dolphin, WNA
                                                    \1\
                                                   Gray seal, WNA
                                                   Harbor seal, WNA

[[Page 53357]]

 
                                                   Long-finned pilot
                                                    whale, WNA \1\
                                                   Risso's dolphin, WNA
                                                    \1\
                                                   Short-finned pilot
                                                    whale, WNA \1\
                                                   White-sided dolphin,
                                                    WNA
    Northeast mid-water trawl   1,103............  Gray seal, WNA
     (including pair trawl).
                                                   Harbor seal, WNA
                                                   Long-finned pilot
                                                    whale, WNA \1\
                                                   Short-finned pilot
                                                    whale, WNA \1\
                                                   Common dolphin, WNA
                                                   White-sided dolphin,
                                                    WNA
    Northeast bottom trawl....  2,987............  Bottlenose dolphin,
                                                    WNA offshore
                                                   Common dolphin, WNA
                                                   Gray seal, WNA
                                                   Harbor porpoise, GME/
                                                    BF
                                                   Harbor seal, WNA
                                                   Harp seal, WNA
                                                   Long-finned pilot
                                                    whale, WNA
                                                   Minke whale, Canadian
                                                    East Coast
                                                   Short-finned pilot
                                                    whale, WNA
                                                   White-sided dolphin,
                                                    WNA \1\
    Southeastern U.S.           4,950............  Atlantic spotted
     Atlantic, Gulf of Mexico                       dolphin, GMX
     shrimp trawl.                                  continental and
                                                    oceanic
                                                   Bottlenose dolphin,
                                                    SC/GA coastal \1\
                                                   Bottlenose dolphin,
                                                    Eastern GMX coastal
                                                    \1\
                                                   Bottlenose dolphin,
                                                    GMX continental
                                                    shelf
                                                   Bottlenose dolphin,
                                                    Northern GMX coastal
                                                   Bottlenose dolphin,
                                                    Western GMX coastal
                                                    \1\
                                                   Bottlenose dolphin,
                                                    GMX bay, sound,
                                                    estuarine \1\
TRAP/POT FISHERIES:
    Southeastern U.S.           1,282............  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                       Biscayne Bay
     stone crab trap/pot \2\.                       estuarine
                                                   Bottlenose dolphin,
                                                    Central FL coastal
                                                   Bottlenose dolphin,
                                                    Eastern GMX coastal
                                                   Bottlenose dolphin,
                                                    FL Bay
                                                   Bottlenose dolphin,
                                                    GMX bay, sound,
                                                    estuarine (FL west
                                                    coast portion)
                                                   Bottlenose dolphin,
                                                    Indian River Lagoon
                                                    estuarine system
                                                   Bottlenose dolphin,
                                                    Jacksonville
                                                    estuarine system
                                                   Bottlenose dolphin,
                                                    Northern GMX coastal
    Atlantic mixed species      3,467............  Fin whale, WNA
     trap/pot \2\.
                                                   Humpback whale, Gulf
                                                    of Maine
    Atlantic blue crab trap/    8,557............  Bottlenose dolphin,
     pot.                                           Charleston estuarine
                                                    system \1\
                                                   Bottlenose dolphin,
                                                    Indian River Lagoon
                                                    estuarine system \1\
                                                   Bottlenose dolphin,
                                                    Jacksonville
                                                    estuarine system \1\
                                                   Bottlenose dolphin,
                                                    SC/GA coastal \1\
                                                   Bottlenose dolphin,
                                                    Northern GA/Southern
                                                    SC estuarine system
                                                    \1\
                                                   Bottlenose dolphin,
                                                    Southern GA
                                                    estuarine system \1\
                                                   Bottlenose dolphin,
                                                    Northern Migratory
                                                    coastal \1\
                                                   Bottlenose dolphin,
                                                    Southern Migratory
                                                    coastal \1\
                                                   Bottlenose dolphin,
                                                    Central FL coastal
                                                    \1\
                                                   Bottlenose dolphin,
                                                    Northern FL coastal
                                                    \1\
                                                   Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system \1\
                                                   Bottlenose dolphin,
                                                    Southern NC
                                                    estuarine system \1\
                                                   West Indian manatee,
                                                    FL \1\
PURSE SEINE FISHERIES:
    Gulf of Mexico menhaden     40-42............  Bottlenose dolphin,
     purse seine.                                   GMX bay, sound,
                                                    estuarine
                                                   Bottlenose dolphin,
                                                    Northern GMX coastal
                                                    \1\
                                                   Bottlenose dolphin,
                                                    Western GMX coastal
                                                    \1\
    Mid-Atlantic menhaden       5................  Bottlenose dolphin,
     purse seine \2\.                               Northern Migratory
                                                    coastal
                                                   Bottlenose dolphin,
                                                    Southern Migratory
                                                    coastal
HAUL/BEACH SEINE FISHERIES:
    Mid-Atlantic haul/beach     565..............  Bottlenose dolphin,
     seine.                                         Northern NC
                                                    estuarine system \1\

[[Page 53358]]

 
                                                   Bottlenose dolphin,
                                                    Northern Migratory
                                                    coastal \1\
                                                   Bottlenose dolphin,
                                                    Southern Migratory
                                                    coastal \1\
    NC long haul seine........  372..............  Bottlenose dolphin,
                                                    Southern NC
                                                    estuarine system
                                                   Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system \1\
STOP NET FISHERIES:
    NC roe mullet stop net....  13...............  Bottlenose dolphin,
                                                    Southern NC
                                                    estuarine system \1\
POUND NET FISHERIES:
    VA pound net..............  67...............  Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system
                                                   Bottlenose dolphin,
                                                    Northern Migratory
                                                    coastal \1\
                                                   Bottlenose dolphin,
                                                    Southern Migratory
                                                    coastal \1\
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
GILLNET FISHERIES:
    Caribbean gillnet.........  >991.............  None documented in
                                                    the most recent 5
                                                    years of data
    DE River inshore gillnet..  unknown..........  None documented in
                                                    the most recent 5
                                                    years of data
    Long Island Sound inshore   unknown..........  None documented in
     gillnet.                                       the most recent 5
                                                    years of data
    RI, southern MA (to         unknown..........  None documented in
     Monomoy Island), and NY                        the most recent 5
     Bight (Raritan and Lower                       years of data
     NY Bays) inshore gillnet.
    Southeast Atlantic inshore  unknown..........  None documented
     gillnet.
TRAWL FISHERIES:
    Atlantic shellfish bottom   >58..............  None documented
     trawl.
    Gulf of Mexico butterfish   2................  Bottlenose dolphin,
     trawl.                                         Northern GMX oceanic
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    continental shelf
    Gulf of Mexico mixed        20...............  None documented
     species trawl.
    GA cannonball jellyfish     1................  Bottlenose dolphin,
     trawl.                                         South Carolina/
                                                    Georgia
MARINE AQUACULTURE FISHERIES:
    Finfish aquaculture.......  48...............  Harbor seal, WNA
    Shellfish aquaculture.....  unknown..........  None documented
PURSE SEINE FISHERIES:
    Gulf of Maine Atlantic      >7...............  Harbor seal, WNA
     herring purse seine.
                                                   Gray seal, WNA
    Gulf of Maine menhaden      >2...............  None documented
     purse seine.
    FL West Coast sardine       10...............  Bottlenose dolphin,
     purse seine.                                   Eastern GMX coastal
    U.S. Atlantic tuna purse    5................  Long-finned pilot
     seine *.                                       whale, WNA
                                                   Short-finned pilot
                                                    whale, WNA
LONGLINE/HOOK-AND-LINE
 FISHERIES:
    Northeast/Mid-Atlantic      >1,207...........  None documented
     bottom longline/hook-and-
     line.
    Gulf of Maine, U.S. Mid-    428..............  Humpback whale, Gulf
     Atlantic tuna, shark                           of Maine
     swordfish hook-and-line/
     harpoon.
    Southeastern U.S.           >5,000...........  Bottlenose dolphin,
     Atlantic, Gulf of Mexico,                      GMX continental
     and Caribbean snapper-                         shelf
     grouper and other reef
     fish bottom longline/hook-
     and-line.
    Southeastern U.S.           <125.............  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                       Eastern GMX coastal
     shark bottom longline/
     hook-and-line.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    continental shelf
    Southeastern U.S.           1,446............  None documented
     Atlantic, Gulf of Mexico,
     and Caribbean pelagic
     hook-and-line/harpoon.
    U.S. Atlantic, Gulf of      unknown..........  None documented
     Mexico trotline.
TRAP/POT FISHERIES:
    Caribbean mixed species     >501.............  None documented
     trap/pot.
    Caribbean spiny lobster     >197.............  None documented
     trap/pot.
    FL spiny lobster trap/pot.  1,268............  Bottlenose dolphin,
                                                    Biscayne Bay
                                                    estuarine
                                                   Bottlenose dolphin,
                                                    Central FL coastal
                                                   Bottlenose dolphin,
                                                    Eastern GMX coastal
                                                   Bottlenose dolphin,
                                                    FL Bay estuarine
    Gulf of Mexico blue crab    4,113............  Bottlenose dolphin,
     trap/pot.                                      Western GMX coastal
                                                   Bottlenose dolphin,
                                                    Northern GMX coastal

[[Page 53359]]

 
                                                   Bottlenose dolphin,
                                                    Eastern GMX coastal
                                                   Bottlenose dolphin,
                                                    GMX bay, sound,
                                                    estuarine
                                                   West Indian manatee,
                                                    FL
    Gulf of Mexico mixed        unknown..........  None documented
     species trap/pot.
    Southeastern U.S.           10...............  None documented
     Atlantic, Gulf of Mexico
     golden crab trap/pot.
    U.S. Mid-Atlantic eel trap/ unknown..........  None documented
     pot.
STOP SEINE/WEIR/POUND NET/
 FLOATING TRAP FISHERIES:
    Gulf of Maine herring and   >1...............  Gray seal, WNA
     Atlantic mackerel stop
     seine/weir.
                                                   Harbor porpoise, GME/
                                                    BF
                                                   Harbor seal, WNA
                                                   Minke whale, Canadian
                                                    east coast
                                                   White-sided dolphin,
                                                    WNA
    U.S. Mid-Atlantic crab      2,600............  None documented
     stop seine/weir.
    U.S. Mid-Atlantic mixed     unknown..........  Bottlenose dolphin,
     species stop seine/weir/                       Northern NC
     pound net (except the NC                       estuarine system
     roe mullet stop net).
    RI floating trap..........  9................  None documented
DREDGE FISHERIES:
    Gulf of Maine mussel        unknown..........  None documented
     dredge.
    Gulf of Maine, U.S. Mid-    >403.............  None documented
     Atlantic sea scallop
     dredge.
    U.S. Mid-Atlantic/Gulf of   7,000............  None documented
     Mexico oyster dredge.
    U.S. Mid-Atlantic offshore  unknown..........  None documented
     surf clam and quahog
     dredge.
HAUL/BEACH SEINE FISHERIES:
    Caribbean haul/beach seine  15...............  None documented in
                                                    the most recent 5
                                                    years of data
    Gulf of Mexico haul/beach   unknown..........  None documented
     seine.
    Southeastern U.S. Atlantic  25...............  None documented
     haul/beach seine.
DIVE, HAND/MECHANICAL
 COLLECTION FISHERIES:
    Atlantic Ocean, Gulf of     20,000...........  None documented
     Mexico, Caribbean
     shellfish dive, hand/
     mechanical collection.
    Gulf of Maine urchin dive,  unknown..........  None documented
     hand/mechanical
     collection.
    Gulf of Mexico, Southeast   unknown..........  None documented
     Atlantic, Mid-Atlantic,
     and Caribbean cast net.
COMMERCIAL PASSENGER FISHING
 VESSEL (CHARTER BOAT)
 FISHERIES:
    Atlantic Ocean, Gulf of     4,000............  Bottlenose dolphin,
     Mexico, Caribbean                              Eastern GMX coastal
     commercial passenger
     fishing vessel.
                                                   Bottlenose dolphin,
                                                    Northern GMX coastal
                                                   Bottlenose dolphin,
                                                    Western GMX coastal
                                                   Bottlenose dolphin,
                                                    Biscayne Bay
                                                    estuarine
                                                   Bottlenose dolphin,
                                                    GMX bay, sound,
                                                    estuarine
                                                   Bottlenose dolphin,
                                                    Indian River Lagoon
                                                    estuarine system
                                                   Bottlenose dolphin,
                                                    Southern NC
                                                    estuarine system
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2: DE--Delaware; FL--
  Florida; GA--Georgia; GME/BF--Gulf of Maine/Bay of Fundy; GMX--Gulf of
  Mexico; MA--Massachusetts; NC--North Carolina; SC- South Carolina; VA--
  Virginia; WNA--Western North Atlantic; \1\ Fishery classified based on
  serious injuries and mortalities of this stock, which are greater than
  50 percent (Category I) or greater than 1 percent and less than 50
  percent (Category II) of the stock's PBR; \2\ Fishery classified by
  analogy; * Fishery has an associated high seas component listed in
  Table 3.


                        Table 3--List of Fisheries--Commercial Fisheries on the High Seas
----------------------------------------------------------------------------------------------------------------
                                                     of HSFCA       Marine mammal species and stocks
              Fishery description                        permits              incidentally killed or injured
----------------------------------------------------------------------------------------------------------------
                                                   Category I
----------------------------------------------------------------------------------------------------------------
LONGLINE FISHERIES:............................
    Atlantic Highly Migratory Species * +......                       79  Atlantic spotted dolphin, WNA
                                                                          Bottlenose dolphin, Northern GMX
                                                                           oceanic
                                                                          Bottlenose dolphin, WNA offshore
                                                                          Common dolphin, WNA

[[Page 53360]]

 
                                                                          Cuvier's beaked whale, WNA
                                                                          Long-finned pilot whale, WNA
                                                                          Mesoplodon beaked whale, WNA
                                                                          Pygmy sperm whale, WNA
                                                                          Risso's dolphin, WNA
                                                                          Short-finned pilot whale, WNA
    Western Pacific Pelagic (HI Deep-set                             124  Bottlenose dolphin, HI Pelagic
     component) *[supcaret] +.
                                                                          Bottlenose dolphin, unknown
                                                                          False killer whale, HI Pelagic
                                                                          False killer whale, unknown
                                                                          Pantropical spotted dolphin, HI
                                                                          Pantropical spotted dolphin, unknown
                                                                          Risso's dolphin, HI
                                                                          Risso's dolphin, unknown
                                                                          Short-finned pilot whale, HI
                                                                          Short-finned pilot whale, unknown
                                                                          Striped dolphin, HI
                                                                          Striped dolphin, unknown
----------------------------------------------------------------------------------------------------------------
                                                   Category II
----------------------------------------------------------------------------------------------------------------
DRIFT GILLNET FISHERIES:
    Atlantic Highly Migratory Species..........                        2  Undetermined
    Pacific Highly Migratory Species                                   4  Long-beaked common dolphin, CA
     *[supcaret].
                                                                          Humpback whale, CA/OR/WA
                                                                          Northern right-whale dolphin, CA/OR/WA
                                                                          Pacific white-sided dolphin, CA/OR/WA
                                                                          Risso's dolphin, CA/OR/WA
                                                                          Short-beaked common dolphin, CA/OR/WA
TRAWL FISHERIES:
    Atlantic Highly Migratory Species **.......                        5  Undetermined
    CCAMLR.....................................                        0  Antarctic fur seal
    Western Pacific Pelagic....................                        0  Undetermined
PURSE SEINE FISHERIES:
    South Pacific Tuna Fisheries...............                       38  Undetermined
    Western Pacific Pelagic....................                        3  Undetermined
POT VESSEL FISHERIES:
    Pacific Highly Migratory Species **........                        3  Undetermined
    South Pacific Albacore Troll...............                        3  Undetermined
    Western Pacific Pelagic....................                        3  Undetermined
LONGLINE FISHERIES:
    CCAMLR.....................................                        0  None documented
    South Pacific Albacore Troll...............                       11  Undetermined
    South Pacific Tuna Fisheries **............                       10  Undetermined
    Western Pacific Pelagic (HI Shallow-set                           28  Bottlenose dolphin, HI Pelagic
     component) *[supcaret] +.
                                                                          Bottlenose dolphin, unknown
                                                                          Humpback whale, Central North Pacific
                                                                          Kogia sp. whale (Pygmy or dwarf sperm
                                                                           whale), HI
                                                                          Kogia sp. whale (Pygmy or dwarf sperm
                                                                           whale), unknown
                                                                          Risso's dolphin, HI
                                                                          Risso's dolphin, unknown
                                                                          Short-finned pilot whale, HI
                                                                          Short-finned pilot whale, unknown
                                                                          Striped dolphin, HI
                                                                          Striped dolphin, unknown
HANDLINE/POLE AND LINE FISHERIES:
    Atlantic Highly Migratory Species..........                        3  Undetermined
    Pacific Highly Migratory Species...........                       40  Undetermined
    South Pacific Albacore Troll...............                        7  Undetermined
    Western Pacific Pelagic....................                        6  Undetermined
TROLL FISHERIES:
    Atlantic Highly Migratory Species..........                        5  Undetermined
    South Pacific Albacore Troll...............                       36  Undetermined
    South Pacific Tuna Fisheries **............                        3  Undetermined
    Western Pacific Pelagic....................                       22  Undetermined
LINERS NEI FISHERIES:
    Pacific Highly Migratory Species **........                        1  Undetermined
    South Pacific Albacore Troll...............                        1  Undetermined

[[Page 53361]]

 
    Western Pacific Pelagic....................                        1  Undetermined
FACTORY MOTHERSHIP FISHERIES:
    Western Pacific Pelagic....................                        1  Undetermined
MULTIPURPOSE VESSELS NEI FISHERIES:
    Atlantic Highly Migratory Species..........                        1  Undetermined
    Pacific Highly Migratory Species **........                        5  Undetermined
    South Pacific Albacore Troll...............                        4  Undetermined
    Western Pacific Pelagic....................                        4  Undetermined
----------------------------------------------------------------------------------------------------------------
                                                  Category III
----------------------------------------------------------------------------------------------------------------
LONGLINE FISHERIES:
    Pacific Highly Migratory Species * +.......                       96  None documented in the most recent 5
                                                                           years of data
PURSE SEINE FISHERIES
    Atlantic Highly Migratory Species                                  0  Long-finned pilot whale, WNA
     *[supcaret].
                                                                          Short-finned pilot whale, WNA
    Pacific Highly Migratory Species *                                 6  None documented
     [supcaret].
TROLL FISHERIES:
    Pacific Highly Migratory Species *.........                      263  None documented
----------------------------------------------------------------------------------------------------------------
List of Terms, Abbreviations, and Symbols Used in Table 3:
GMX--Gulf of Mexico; NEI--Not Elsewhere Identified; WNA--Western North Atlantic.
* Fishery is an extension/component of an existing fishery operating within U.S. waters listed in Table 1 or 2.
  The number of permits listed in Table 3 represents only the number of permits for the high seas component of
  the fishery.
** These gear types are not authorized under the Pacific HMS FMP (2004), the Atlantic HMS FMP (2006), or without
  a South Pacific Tuna Treaty license (in the case of the South Pacific Tuna fisheries). Because HSFCA permits
  are valid for five years, permits obtained in past years exist in the HSFCA permit database for gear types
  that are now unauthorized. Therefore, while HSFCA permits exist for these gear types, it does not represent
  effort. In order to land fish species, fishers must be using an authorized gear type. Once these permits for
  unauthorized gear types expire, the permit-holder will be required to obtain a permit for an authorized gear
  type.
+ The marine mammal species or stocks listed as killed or injured in this fishery has been observed taken by
  this fishery on the high seas.
[supcaret] The list of marine mammal species or stocks killed or injured in this fishery is identical to the
  list of marine mammal species or stocks killed or injured in U.S. waters component of the fishery, minus
  species or stocks that have geographic ranges exclusively in coastal waters, because the marine mammal species
  or stocks are also found on the high seas and the fishery remains the same on both sides of the EEZ boundary.
  Therefore, the high seas components of these fisheries pose the same risk to marine mammals as the components
  of these fisheries operating in U.S. waters.


      Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
       Take reduction plans                  Affected fisheries
------------------------------------------------------------------------
Atlantic Large Whale Take           Category I
 Reduction Plan (ALWTRP)--50 CFR    Mid-Atlantic gillnet
 229.32.
                                    Northeast/Mid-Atlantic American
                                     lobster trap/pot
                                    Northeast sink gillnet
                                    Category II
                                    Atlantic blue crab trap/pot
                                    Atlantic mixed species trap/pot
                                    Northeast anchored float gillnet
                                    Northeast drift gillnet
                                    Southeast Atlantic gillnet
                                    Southeastern U.S. Atlantic shark
                                     gillnet *
                                    Southeastern, U.S. Atlantic, Gulf of
                                     Mexico stone crab trap/pot
                                     [supcaret]
Bottlenose Dolphin Take Reduction   Category I
 Plan (BDTRP)--50 CFR 229.35.       Mid-Atlantic gillnet
                                    Category II
                                    Atlantic blue crab trap/pot
                                    Chesapeake Bay inshore gillnet
                                     fishery
                                    Mid-Atlantic haul/beach seine
                                    Mid-Atlantic menhaden purse seine
                                    NC inshore gillnet
                                    NC long haul seine
                                    NC roe mullet stop net
                                    Southeast Atlantic gillnet
                                    Southeastern U.S. Atlantic shark
                                     gillnet
                                    Southeastern U.S. Atlantic, Gulf of
                                     Mexico shrimp trawl [supcaret]
                                    Southeastern, U.S. Atlantic, Gulf of
                                     Mexico stone crab trap/pot
                                     [supcaret]
                                    VA pound net
False Killer Whale Take Reduction   Category I
 Plan (FKWTRP)--50 CFR 229.37.      HI deep-set (tuna target) longline/
                                     set line
                                    Category II
                                    HI shallow-set (swordfish target)
                                     longline/set line
Harbor Porpoise Take Reduction      Category I
 Plan (HPTRP)--50 CFR 229.33 (New   Mid-Atlantic gillnet
 England) and 229.34 (Mid-          Northeast sink gillnet
 Atlantic).
Pelagic Longline Take Reduction     Category I
 Plan (PLTRP)--50 CFR 229.36.       Atlantic Ocean, Caribbean, Gulf of
                                     Mexico large pelagics longline

[[Page 53362]]

 
Pacific Offshore Cetacean Take      Category II
 Reduction Plan (POCTRP)--50 CFR    CA thresher shark/swordfish drift
 229.31.                             gillnet (>=14 in mesh)
Atlantic Trawl Gear Take Reduction  Category II
 Team (ATGTRT).                     Mid-Atlantic bottom trawl
                                    Mid-Atlantic mid-water trawl
                                     (including pair trawl)
                                    Northeast bottom trawl
                                    Northeast mid-water trawl (including
                                     pair trawl)
False Killer Whale Take Reduction   Category I
 Team (FKWTRT).                     HI deep-set (tuna target) longline/
                                     set line
                                    Category II
                                    HI shallow-set (swordfish target)
                                     longline/set line
------------------------------------------------------------------------
* Only applicable to the portion of the fishery operating in U.S.
  waters; [supcaret] Only applicable to the portion of the fishery
  operating in the Atlantic Ocean;

Classification

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration at the proposed rule state that this rule would not have 
a significant economic impact on a substantial number of small 
entities. No comments were received on that certification and no new 
information has been discovered to change that conclusion. Accordingly, 
no regulatory flexibility analysis is required and none has been 
prepared.
    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act. The collection of information for the 
registration of individuals under the MMPA has been approved by the 
Office of Management and Budget (OMB) under OMB control number 0648-
0293 (0.15 hours per report for new registrants and 0.09 hours per 
report for renewals). The requirement for reporting marine mammal 
injuries or mortalities has been approved by OMB under OMB control 
number 0648-0292 (0.15 hours per report). These estimates include the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding these reporting 
burden estimates or any other aspect of the collections of information, 
including suggestions for reducing burden, to NMFS and OMB (see 
ADDRESSES and SUPPLEMENTARY INFORMATION).
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB control number.
    This rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    An environmental assessment (EA) was prepared under the National 
Environmental Policy Act (NEPA) for regulations to implement section 
118 of the MMPA in June 1995. NMFS revised that EA relative to 
classifying U.S. commercial fisheries on the LOF in December 2005. Both 
the 1995 EA and the 2005 EA concluded that implementation of MMPA 
section 118 regulations would not have a significant impact on the 
human environment. This rule would not make any significant change in 
the management of reclassified fisheries; therefore, this rule is not 
expected to change the analysis or conclusion of the 2005 EA. The 
Council of Environmental Quality (CEQ) recommends agencies review EAs 
every five years; therefore, NMFS reviewed the 2005 EA in 2009. NMFS 
concluded that, because there have been no changes to the process used 
to develop the LOF and implement section 118 of the MMPA (including no 
new alternatives and no additional or new impacts on the human 
environment), there is no need to update the 2005 EA at this time. If 
NMFS takes a management action, for example, through the development of 
a TRP, NMFS would first prepare an environmental document, as required 
under NEPA, specific to that action.
    This rule would not affect species listed as threatened or 
endangered under the Endangered Species Act (ESA) or their associated 
critical habitat. The impacts of numerous fisheries have been analyzed 
in various biological opinions, and this rule will not affect the 
conclusions of those opinions. The classification of fisheries on the 
LOF is not considered to be a management action that would adversely 
affect threatened or endangered species. If NMFS takes a management 
action, for example, through the development of a TRP, NMFS would 
conduct consultation under ESA section 7 for that action.
    This rule would have no adverse impacts on marine mammals and may 
have a positive impact on marine mammals by improving knowledge of 
marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This rule would not affect the land or water uses or natural 
resources of the coastal zone, as specified under section 307 of the 
Coastal Zone Management Act.

References

Baker, J.D., A.L. Harting, T.A. Wurth, and T.C. Johanos. 2011. 
Dramatic shifts in Hawaiian monk seal distribution predicted from 
divergent regional trends. Marine Mammal Science 27: 78-93.
Carretta, J.V. and L. Enriquez. 2012. Marine mammal and seabird 
bycatch in California gillnet fisheries in 2010. NOAA SWFSC and SWR 
Administrative Report LJ-12-01. 15p.
Carretta, J.V., K.A. Forney, M.S. Lowry, J. Barlow, J. Baker, D. 
Johnston, B. Hanson, M.M. Muto, D. Lynch, L. Carswell. 2009. U.S. 
Pacific Marine Mammal Stock Assessments: 2008. NOAA Technical 
Memorandum NOAA-TM-NMFS-SWFSC-434. 340p.
Carretta, J.V., E. Oleson, D.W. Weller, A.R. Lang, K.A. Forney, J. 
Baker, B. Hanson, K Martien, M.M. Muto, M.S. Lowry, J. Barlow, D. 
Lynch, L. Carswell, R.L. Brownell Jr., D.K. Mattila, and M.C. Hill. 
2012. U.S. Pacific Marine Mammal Stock Assessments: 2012. NOAA 
Technical Memorandum NOAA-TM-NMFS-SWFSC-504. 378p.
Florida Fish and Wildlife Conservation Commission. 2007. Florida 
Manatee Management Plan. Available at: http://myfwc.com/media/214332/manatee_mgmt_plan.pdf.
Garrison, L.P. and L. Stokes. 2012 Estimated bycatch of marine 
mammals and sea turtles in the U.S. Atlantic pelagic longline fleet 
during 2011. NOAA Technical Memorandum NOAA NMFS-SEFSC-632. 61 p.

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Gulf States Marine Fisheries Commission. 2010. Bait Fishery. 
Available at: http://menhaden.gsfmc.org/2010/%20Bait%20Fishery.shtm.
Hatfield B.B, J.A. Ames, J.A. Estes, M.T. Tinker, A.B. Johnson, M.M 
Staedler, M.D. Harris. 2011. Sea otter mortality in fish and 
shellfish traps: estimating potential impacts and exploring possible 
solutions. Endangered Species Research. 13: 219-229.
McCracken, M.L. 2010. Adjustments to false killer whale and short-
finned pilot whale bycatch estimates. PIFSC Working Paper WP-10-007. 
Pacific Islands Fisheries Science Center, National Marine Fisheries 
Service. 23p.
McCracken, M.L. 2011. Assessment of incidental interactions with 
marine mammals in the Hawaii longline deep and shallow set fisheries 
from 2006 through 2010. PIFSC Working Paper WP-11-012. Pacific 
Islands Fisheries Science Center, National Marine Fisheries Service. 
30p.
Pacific Islands Fisheries Science Center, Fisheries Monitoring 
Branch. 2012. The Hawaii-based longline logbook summary report, 
January-December 2011. NMFS, Pacific Islands Fisheries Science 
Center Data report DR-12-003. 14p.


    Dated: August 22, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2013-21054 Filed 8-28-13; 8:45 am]
BILLING CODE 3510-22-P