[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Rules and Regulations]
[Pages 14418-14438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05576]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 131017871-4175-02]
RIN 0648-BD72


List of Fisheries for 2014

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
final List of Fisheries (LOF) for 2014, as required by the Marine 
Mammal Protection Act (MMPA). The final LOF for 2014 reflects new 
information on interactions between commercial fisheries and marine 
mammals. NMFS must classify each commercial fishery on the LOF into one 
of three categories under the MMPA based upon the level of mortality 
and serious injury of marine mammals that occurs incidental to each

[[Page 14419]]

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.

DATES: This final rule is effective April 14, 2014.

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 the Office of 
Information and Regulatory Affairs at [email protected].

FOR FURTHER INFORMATION CONTACT: Lisa White, Office of Protected 
Resources, 301-427-8494; Allison Rosner, Greater Atlantic Region, 978-
281-9328; Jessica Powell, Southeast Region, 727-824-5312; Elizabeth 
Petras, West Coast Region (CA), 562-980-3238; Brent Norberg, West Coast 
Region (WA/OR), 206-526-6550; Kim Rivera, Alaska Region, 907-586-7424; 
Nancy Young, Pacific Islands Region, 808-725-5156. 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 
mortality and serious injury 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 will 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 injury 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 
injury 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 injury 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 mortalities or injuries of marine 
mammals, or fisheries that did not result in a mortality and serious 
injury 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 mortality or serious injury 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 killed or injured in each commercial fishery. The list of 
species or stocks incidentally killed or injured includes ``serious'' 
and ``non-serious'' documented injuries as described later in the List 
of Species or Stocks Incidentally Killed or Injured in the Pacific 
Ocean and the Atlantic Ocean,

[[Page 14420]]

Gulf of Mexico, and Caribbean sections. 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. The 
best available scientific information used in the SARs reviewed for the 
2014 LOF generally summarizes data from 2007-2011. NMFS also reviews 
other sources of new information, including observer data, stranding 
data, and fisher self-reports from that time period.
    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 and may rely on data outside the 5-year 
(2007-2011) SAR data period.

Where does NMFS obtain information on the level of observer coverage in 
a fishery on the LOF?

    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. 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. Starting with the 2005 SARs, each SAR includes an 
appendix with detailed descriptions of each Category I and II fishery 
on the LOF, including the 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 and 
other resources referenced during the tier analysis 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 (TRTs).

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.

[[Page 14421]]

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 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 
mortality/injury 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, West Coast, and Alaska regions, NMFS will issue 
vessel or gear owners an authorization certificate and/or mortality/
injury 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 mortality/injury 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 mortality/
injury 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. Mortality/injury 
forms are also available online at http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reporting_form.pdf.
    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 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 receive an 
authorization certificate by January 1 for state fisheries and with 
their permit renewal for federal fisheries. In West Coast 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 kill or injure 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 mortalities and injuries 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. Mortality/injury 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). Forms 
may be faxed directly to the NMFS Office of Protected Resources at 301-
713-4060 or 301-713-0376. 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 may not be required 
on a vessel if the facilities for quartering an observer or performing 
observer functions are inadequate or unsafe; thereby exempting vessels 
too small to accommodate an observer 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

[[Page 14422]]

and II fishery, observer requirements, and marine mammal mortality/
injury reporting forms and submittal procedures, may be obtained at: 
http://www.nmfs.noaa.gov/pr/interactions/lof/, or from any NMFS 
Regional Office at the addresses listed below:
    NMFS, Greater Atlantic Regional Fisheries Office, 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;
    NMFS, West Coast Region, Long Beach Office, 501 W. Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213, Attn: Elizabeth Petras;
    NMFS, West Coast Region, Seattle Office, 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: Kim Rivera; or
    NOAA/IRC, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: 
NMFS/PIRO/PRD/Nancy Young.

Sources of Information Reviewed for the Final 2014 LOF

    NMFS reviewed the marine mammal incidental mortality and serious 
injury information presented in the SARs for all fisheries to determine 
whether changes in fishery classification are warranted. The SARs are 
based on the best scientific information available at the time of 
preparation, including the level of mortality and serious injury 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 through the Marine Mammal Authorization Program, reports to the 
SRGs, conference papers, FMPs, and ESA documents.
    The LOF for 2014 was based on, among other things, information 
provided in the NEPA and ESA documents analyzing authorized high seas 
fisheries; stranding data; fishermen self-reports through the MMAP; and 
SARs, primarily the draft 2013 SARs, which are generally based on data 
from 2007-2011. The final SARs referenced in this LOF include: 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) and the 
draft SAR for 2013 (78 FR 66681, November 6, 2013). The SARs are 
available at: http://www.nmfs.noaa.gov/pr/sars/.

Comments and Responses

    NMFS received three comment letters on the proposed LOF for 2014 
(78 FR 73477, December 6, 2013). Comments were received from the U.S. 
Department of the Interior (DOI), Hawaii Longline Association (HLA), 
and Washington Department of Fish and Wildlife (WDFW). Comments on 
issues outside of the scope of the LOF were noted, but generally 
without response.

Comments on Commercial Fisheries in the Pacific Ocean

    Comment 1: DOI provided fishery description information and marine 
mammal incidental interaction data for the CA Dungeness crab pot 
fishery. The Redwood National and State Parks wildlife observation/
beach carcass database has 12 reports of dead whales since 1994. Whale 
species in the database include: gray, humpback, and fin whales. No 
known causes of death were attributed to the strandings.
    Response: NMFS acknowledges this comment.
    Comment 2: The WDFW recommends NMFS update the estimated number of 
vessels/persons for the WA salmon purse seine fishery to 75 and for the 
WA salmon reef net fishery to 11, based on the number of current WA 
State licenses issued for the respective fisheries.
    Response: NMFS acknowledges the comment and revises the estimated 
number of vessels/persons from 440 to 75 for the WA salmon purse seine 
fishery and from 53 to 11 for the WA salmon reef net fishery.
    Comment 3: The HLA supports the proposed change that indicates the 
Main Hawaiian Islands (MHI) insular false killer whale is not a basis 
for the Hawaii-based deep-set longline fishery's Category I 
classification.
    Response: NMFS acknowledges this comment and is finalizing the 
proposed change to remove the superscript following the MHI insular 
false killer whale, to indicate that the stock does not drive the 
fishery's Category I classification.
    Comment 4: HLA contends that the Hawaii-based deep-set longline 
fishery does not interact with MHI insular false killer whales, and 
that the regulations implementing the False Killer Whale Take Reduction 
Plan have eliminated the likelihood of any theoretical future 
interactions between the fishery and the MHI insular false killer whale 
stock. HLA 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 duplicate the 
analyses or evaluation of the data and calculations contained within 
the SARs.
    The 2014 LOF is based on the draft 2013 SARs, which include data 
from 2007-2011. The draft 2013 SAR for false killer whales indicates 
that an average of 0.1 mortalities or serious injuries of MHI insular 
false killer whales occurred each year incidental to the Hawaii-based 
deep-set longline fishery from 2007-2011 (Carretta et al., 2013). 
Because the estimate of mortality and serious injury for the stock in 
this fishery is greater than zero for the period of time covered by the 
2014 LOF, the stock is being retained on the list of marine mammal 
stocks incidentally killed or injured in the 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 draft 2013 SAR.
    As noted above, the most recent data used to inform the 2014 LOF 
are from 2011. The False Killer Whale Take Reduction Plan (77 FR 71260) 
was published on November 29, 2012, and its implementing regulations 
went into effect on December 31, 2012 and February 27, 2013. False 
killer whale mortality and serious injury estimates in the Hawaii-based 
deep-set longline fishery for 2012 and 2013 have not yet been finally 
evaluated or published in a SAR and, therefore, could not be considered 
for the 2014 LOF. Any changes in the false killer whale mortality and 
serious injury estimate that may result from the Take Reduction Plan 
will be evaluated in a future SAR and will be considered in a future 
LOF.

[[Page 14423]]

    Comment 5: HLA supports the proposed removal of all ``unknown'' 
stocks from the list of marine mammals incidentally injured or killed 
in the Hawaii deep-set and shallow-set longline fisheries on Table 3.
    Response: NMFS acknowledges this comment and is finalizing the 
removal of all ``unknown'' stocks of species injured or killed in the 
Hawaii deep-set and shallow-set longline fisheries on Table 3.
    Comment 6: The HLA opposes the continued inclusion of short-finned 
pilot whales on the list of species injured or killed in the Hawaii 
shallow-set longline fishery because it is not supported by the 
available data. HLA states that, 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: The draft 2013 SAR for the Hawaii stock of short-finned 
pilot whales states that two unidentified cetaceans, known to be either 
false killer whales or short-finned pilot whales (i.e., ``blackfish''), 
were observed seriously injured in the shallow-set longline fishery on 
the high seas from 2007-2011 (Carretta et al., 2013). When the species 
of a blackfish cannot be positively identified, NMFS prorates the 
interaction to each stock based on distance from shore (McCracken, 
2010). Until all animals that are taken can be identified to either 
species (e.g., using photos, tissue samples), this prorating 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 on the high seas is 0.1 (Carretta et 
al., 2013). Therefore, NMFS is retaining short-finned pilot whales on 
the list of species or stocks that are incidentally killed or injured 
by the fishery.
    Comment 7: HLA notes that for fisheries that operate both in the 
U.S. EEZ and on the high seas, marine mammal species for which an 
interaction has occurred in either the EEZ or the high seas are 
included on the lists of species injured or killed in both the EEZ and 
the high seas (i.e., on both Tables 1 or 2 and Table 3). This results 
in a mistaken implication that a given fishery may interact with a 
certain species in one geographic area (e.g., within the EEZ) when that 
fishery has only been observed to interact with the species in another 
geographic area (e.g., on the high seas). HLA requests that NMFS 
correct the LOF to attribute species interactions in transboundary 
fisheries to only those geographic regions where interactions are 
actually observed. This change would not result in underreporting of 
species injured or killed, but would avoid the arbitrary result of 
takes being attributed to fisheries in areas in which no take has ever 
been observed.
    Response: As described in the preamble, NMFS has included high seas 
fisheries in Table 3 of the LOF since 2009. Several 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. For these fisheries, the lists of species or stocks injured or 
killed in Table 3 are identical to their Table 1 or 2 counterparts, 
except for those species or stocks with distributions known to occur on 
only one side of the EEZ boundary. Because the fisheries and the marine 
mammal lists are the same, takes of these animals are not being 
attributed to one geographic area or the other, even when that 
information may be available. The take is attributed to the specific 
fishery with the marine mammal interaction. This parallel list 
structure is explained in the footnotes for each table.

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

    Comment 8: DOI recommends that NMFS remove the Florida stock of the 
West Indian manatee from the list of species/stocks incidentally killed 
or injured in the Category II, Southeastern U.S. Atlantic, Gulf of 
Mexico shrimp trawl fishery. FWS notes that there have been no Florida 
manatee mortalities or serious injuries in this fishery since 1988.
    Response: NMFS acknowledges this comment and corrects a 
typographical error which inadvertently left the Florida stock of the 
West Indian manatee on the list of species/stocks incidentally killed 
or injured in the Southeastern U.S. Atlantic, Gulf of Mexico shrimp 
trawl fishery. NMFS removed Florida stock of the West Indian manatee in 
the final rule for the 2013 LOF (78 FR 53345).
    Comment 9: DOI recommends that NMFS remove the Florida stock of the 
West Indian manatee from the list of species/stocks incidentally killed 
or injured in the Category II Atlantic blue crab trap/pot fishery. FWS 
notes between 1982 and 2012 there have been 12 serious injuries and no 
deaths of Florida manatees in the Atlantic blue crab trap/pot fishery. 
For the most recent five-year period of record (2008-2012) four 
manatees were seriously injured (0.8 manatees per year).
    Response: NMFS finds the inclusion of the Florida stock of West 
Indian manatee on the list of species/stocks incidentally killed or 
injured in the Atlantic blue crab trap/pot fishery to be appropriate, 
with the superscript reference, because three serious injuries have 
been documented in the most recent five-year period. In the draft 2013 
SARs, the PBR for the West Indian manatee was 14.98, and 3 serious 
injuries (0.6 manatee per year) were reported from 2007-2011 in 
Atlantic blue crab pot gear, 4% (0.6/14.98) of the stock's PBR. The DOI 
comment letter notes that 4 serious injuries (0.8 manatee per year) 
were reported from 2008-2012, which brings annual M/SI to 5% of PBR 
(0.8/14.98).
    Comment 10: DOI recommends NMFS consider adding the Inland Coastal 
Georgia, Northeastern Coastal Florida bait shrimp trawl fishery as a 
Category III fishery on the LOF. During the period from 1989 to 2005, 
four manatees were killed in the Inland Coastal Georgia, Northeastern 
Coastal Florida bait shrimp trawl fishery. There have been no Florida 
manatee mortalities or serious injuries in this fishery since 2005.
    Response: The Inland Coastal Georgia, Northeastern Coastal Florida 
bait shrimp fishery is categorized as part of the Southeastern U.S. 
Atlantic, Gulf of Mexico shrimp trawl fishery on the List of Fisheries. 
NMFS appreciates and notes the specific mortality and serious injury 
data. Since no mortalities or serious injuries have been documented in 
the most recent five-year period (2007-2011), the Florida stock of West 
Indian manatees will not be added to the list of species or stocks 
incidentally killed or injured by the Southeastern U.S. Atlantic, Gulf 
of Mexico shrimp trawl fishery.

Summary of Changes From the Proposed Rule

    NMFS updates the estimated number of vessels/persons in the ``WA 
salmon purse seine'' fishery from 440 to 75.
    NMFS updates the estimated number of vessels/persons in the ``WA 
salmon reef net'' fishery from 53 to 11.
    NMFS corrects a typographical error and removes West Indian manatee 
(FL) from the list of species/stock incidentally killed or injured in 
the ``Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl'' 
fishery.

[[Page 14424]]

Summary of Changes to the LOF for 2014

    The following summarizes changes to the LOF for 2014 in the 
estimated number of vessels/persons in a particular fishery and the 
species or stocks that are incidentally killed or injured in a 
particular fishery. The LOF for 2014 has no changes to fishery 
classifications or to fisheries that are subject to a take reduction 
plan. The classifications and definitions of U.S. commercial fisheries 
for 2014 are identical to those provided in the LOF for 2013 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

Number of Vessels/Persons

    NMFS updates the estimated number of vessels/persons in the 
commercial fisheries operating in the Pacific Ocean as follows:
    NMFS updates the estimated number of vessels/persons in the ``CA 
thresher shark/swordfish drift gillnet (>=14 in mesh)'' fishery from 25 
to 19.
    NMFS updates the estimated number of vessels/persons in the ``CA 
spot prawn pot'' fishery from 27 to 28.
    NMFS updates the estimated number of vessels/persons in the ``CA 
Dungeness crab pot'' fishery from 534 to 570.
    NMFS updates the estimated number of vessels/persons in the ``CA 
pelagic longline'' fishery from 6 to 1.
    NMFS updates the estimated number of vessels/persons in the ``CA 
coonstripe shrimp, rock crab, tanner crab pot/trap'' fishery from 305 
to 203.
    NMFS updates the estimated number vessels/persons in the ``CA spiny 
lobster trap'' fishery from 225 to 198.

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

    NMFS updates the list of species or stocks incidentally killed or 
injured by commercial fisheries operating in the Pacific Ocean as 
follows:
    NMFS adds minke whale (CA/OR/WA stock) to the list of species/
stocks incidentally killed or injured in the ``CA thresher shark and 
swordfish drift gillnet'' fishery.
    NMFS adds grey whale (Eastern North Pacific) to the list of 
species/stocks incidentally killed or injured in the ``Bering Sea, 
Aleutian Islands crab pot'' fishery.
    NMFS changes the false killer whale stock name from ``HI Insular'' 
to ``MHI Insular'' on the list of species/stocks incidentally killed or 
injured in the ``HI deep-set (tuna target) longline'' fishery and 
removes the superscript ``1'' to indicate the stock is no longer 
driving the fishery's Category I classification.
    NMFS adds sperm whale (HI stock) to the list of species/stocks 
incidentally killed or injured in the ``HI deep-set (tuna target) 
longline'' fishery.
    NMFS adds Blainville's beaked whale (HI stock) to the list of 
species/stocks incidentally killed or injured in the ``HI shallow-set 
(swordfish target) longline'' fishery.
    NMFS adds Cuvier's beaked whale (unknown stock), short-finned pilot 
whale (unknown stock), and bottlenose dolphin (unknown stock) to the 
list of species/stocks incidentally killed or injured in the ``American 
Samoa longline'' fishery.

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

List of Species or Stocks Incidentally Killed or Injured

    NMFS updates the list of species or stocks incidentally killed or 
injured by commercial fisheries operating in the Atlantic Ocean, Gulf 
of Mexico, and Caribbean as follows:
    NMFS adds several stocks to the list of species/stocks incidentally 
killed or injured in the ``Atlantic Ocean, Gulf of Mexico, Caribbean 
passenger vessel'' fishery. NMFS adds the following bottlenose dolphin 
stocks: (1) Northern migratory coastal stock, (2) Southern migratory 
coastal stock, (3) Southern South Carolina/Georgia coastal stock, (4) 
Northern Florida coastal stock, (5) Central Florida coastal stock, (6) 
Northern North Carolina estuarine stock, (7) Northern Georgia/Southern 
South Carolina estuarine stock, (8) Jacksonville estuarine system 
stock.
    NMFS adds bottlenose dolphin (Western North Atlantic offshore 
stock) to the list of species/stocks incidentally killed or injured in 
the ``Gulf of Maine, U.S. Mid-Atlantic tuna, shark, swordfish hook-and-
line/harpoon'' fishery.
    NMFS removes bottlenose dolphin (Western North Atlantic offshore 
stock) from the list of species/stocks incidentally killed or injured 
in the ``Mid-Atlantic mid-water trawl'' fishery.

Commercial Fisheries on the High Seas

Removal of Fisheries From the LOF

    NMFS removes: (1) Category II Western Pacific pelagic ``pot 
vessel,'' ``factory mothership,'' and ``multipurpose vessels not 
elsewhere identified (NEI);'' (2) Category II Pacific highly migratory 
species ``pot vessel'' and ``multipurpose vessels (NEI);'' (3) Category 
II South Pacific albacore troll ``pot vessel'' and ``multipurpose 
vessels (NEI);'' and (4) Category II Atlantic highly migratory species 
``multipurpose vessels (NEI)'' fisheries from the LOF.
    NMFS corrects a typographical mistake and removes the Category III 
``Atlantic highly migratory species purse seine'' fisheries from the 
LOF.

Number of Vessels/Persons

    NMFS updates the estimated number of HSFCA permits for commercial 
fisheries operating on the high seas as follows:

 
------------------------------------------------------------------------
                                             Number of       Number of
                                           HSFCA permits   HSFCA permits
      Category         High seas fishery    (Final 2013     (Final 2014
                                               LOF)            LOF)
------------------------------------------------------------------------
I...................  Atlantic highly                 79              84
                       migratory species
                       longline.
II..................  Atlantic highly                  2               1
                       migratory species
                       drift gillnet.
II..................  Atlantic highly                  5               1
                       migratory species
                       trawl.
II..................  South Pacific tuna              38              40
                       fisheries purse
                       seine.
II..................  South Pacific                   11              13
                       albacore troll
                       longline.
II..................  South Pacific tuna              10               8
                       fisheries
                       longline.
II..................  Pacific highly                  40              46
                       migratory species
                       handline/pole and
                       line.
II..................  South Pacific                    7               9
                       albacore troll
                       handline/pole and
                       line.

[[Page 14425]]

 
II..................  Western Pacific                  6               5
                       pelagic handline/
                       pole and line.
II..................  Atlantic highly                  5               4
                       migratory species
                       troll.
II..................  South Pacific                   36              33
                       albacore troll.
II..................  South Pacific tuna               3               2
                       fisheries troll.
II..................  Western Pacific                 22              19
                       pelagic troll.
II..................  Pacific highly                   1               3
                       migratory species
                       liners nei.
III.................  Pacific highly                  96             101
                       migratory species
                       longline.
III.................  Pacific highly                   6               8
                       migratory species
                       purse seine.
III.................  Pacific highly                 263             262
                       migratory species
                       troll.
------------------------------------------------------------------------

List of Species or Stocks Incidentally Killed or Injured in High Seas 
Fisheries

    NMFS updates the list of species or stocks incidentally killed or 
injured by commercial fisheries on the high seas as follows:
    NMFS removes the following ``unknown'' stocks from the list of 
species/stocks incidentally killed or injured in the Category I 
``Western Pacific Pelagic longline (HI Deep-set component)'' fishery: 
bottlenose dolphin, false killer whale, pantropical spotted dolphin, 
Risso's dolphin, short-finned pilot whale, and striped dolphin.
    NMFS adds sperm whale (HI stock) to the list of species/stocks 
incidentally killed or injured in the Category I ``Western Pacific 
Pelagic longline (HI Deep-set component)'' fishery.
    NMFS removes the following ``unknown'' stocks from the list of 
species/stocks incidentally killed or injured in the Category II 
``Western Pacific Pelagic longline (HI Shallow-set component)'' 
fishery: bottlenose dolphin, Kogia sp. whale (pygmy or dwarf sperm 
whale), Risso's dolphin, short-finned pilot whale, and striped dolphin.
    NMFS adds false killer whale (HI Pelagic stock), short-beaked 
common dolphin (CA/OR/WA), and Blainville's beaked whale (HI stock) to 
the list of species/stocks incidentally killed or injured in the 
Category II ``Western Pacific Pelagic longline (HI Shallow-set 
component)'' fishery.
    NMFS corrects a typographical error and removes pygmy sperm whale 
(WNA stock) from the list of species/stocks incidentally killed or 
injured in the ``Atlantic Highly Migratory Species longline'' fishery.

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 or 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. 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 or 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 for which several state permits may allow. 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. Table 1 
and 2 serve to provide a description of the fishery's potential effort 
(state and Federal). If NMFS is able to extract more accurate 
information on the gear types used by state permit holders in the 
future, the numbers will be updated to reflect this change. For 
additional information on fishing effort in fisheries found on Table 1 
or 2, 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. As noted previously in this rule, the 
number of HSFCA permits listed in Table 3 for the high seas components 
of fisheries that also operate within U.S. waters does not necessarily 
represent additional effort that is not accounted for in Tables 1 and 
2. Many vessels/persons holding HSFCA permits also fishing within U.S. 
waters and are included in the number of vessels and participants 
operating within those fisheries in Tables 1 and 2.
    Tables 1, 2, and 3 also list the marine mammal species or stocks 
incidentally killed or injured (seriously or non-seriously) in each 
fishery based on observer data, logbook data, stranding reports, 
disentanglement network data, and MMAP reports. The best available 
scientific information included in these reports is based on data 
through 2011. 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 a mortality or injury. 
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 mortalities 
and serious injuries and of a marine mammal stock that are greater than 
or equal to 50 percent [Category I], or greater than 1 percent 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 mortalities and injuries of 
marine mammals, or fisheries that did not result in a mortality or 
serious injury rate greater than 1 percent of a stock's PBR level based 
on known interactions. NMFS has

[[Page 14426]]

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
------------------------------------------------------------------------
                                    Estimated
                                    number of     Marine mammal species
      Fishery Description           vessels/     and stocks incidentally
                                     persons        killed or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:
    HI deep-set (tuna target)               129  Bottlenose dolphin, HI
     longline/set line *                          Pelagic.
     [supcaret].                                 False killer whale, MHI
                                                  Insular.
                                                 False killer whale, HI
                                                  Pelagic.\1\
                                                 False killer whale,
                                                  Palmyra Atoll.
                                                 Pantropical spotted
                                                  dolphin, HI.
                                                 Risso's dolphin, HI.
                                                 Short-finned pilot
                                                  whale, HI.
                                                 Sperm whale, HI.
                                                 Striped dolphin, HI.
------------------------------------------------------------------------
GILLNET FISHERIES:
    CA thresher shark/swordfish              19  Bottlenose dolphin, CA/
     drift gillnet (>=14 in                       OR/WA offshore.
     mesh) *.                                    California sea lion,
                                                  U.S.
                                                 Humpback whale, CA/OR/
                                                  WA.
                                                 Long-beaked common
                                                  dolphin, CA.
                                                 Minke whale, CA/OR/WA.
                                                 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                                     Harbor seal, CA.
    (>3.5 in mesh).............                  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                    Long-beaked common
     in and <14 in) \ 2\.                         dolphin, CA.
                                                 Short-beaked common
                                                  dolphin, CA/OR/WA.
    AK Bristol Bay salmon drift           1,863  Beluga whale, Bristol
     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,
     gillnet.                                     GOA.\1\
                                                 Harbor seal, GOA.
                                                 Sea otter, Southwest
                                                  AK.
                                                 Steller sea lion,
                                                  Western U.S.

[[Page 14427]]

 
    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                        Harbor porpoise, GOA.
     gillnet \2\.                                Harbor seal, GOA.
                                                 Northern fur seal,
                                                  Eastern Pacific
    AK Peninsula/Aleutian                   114  Harbor porpoise, Bering
     Islands salmon set gillnet                   Sea.
     \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/OR/
     salmon drift gillnet                         WA.
     (includes all inland                        Harbor porpoise, inland
     waters south of US-Canada                    WA.\1\
     border and eastward of the                  Harbor seal, WA inland.
     Bonilla-Tatoosh line-
     Treaty Indian fishing is
     excluded).
PURSE SEINE FISHERIES:
    AK Cook Inlet salmon purse               82  Humpback whale, Central
     seine.                                       North Pacific.\1\
    AK Kodiak salmon purse                  379  Humpback whale, Central
     seine.                                       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\
    AK Bering Sea, Aleutian                  10  Killer whale, ENP AK
     Islands rockfish trawl.                      resident\1\.
                                                 Killer whale, GOA, AI,
                                                  BS transient.\1\
POT, RING NET, AND TRAP
 FISHERIES:

[[Page 14428]]

 
    CA spot prawn pot..........              28  Gray whale, Eastern
                                                  North Pacific.
                                                 Humpback whale, CA/OR/
                                                  WA.\1\
    CA Dungeness crab pot......             570  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  Blainville's beaked
     target) longline/set line                    whale, HI.
     * -.                                        Bottlenose dolphin, HI
                                                  Pelagic.
                                                 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 \2\              24  Bottlenose dolphin,
                                                  unknown.
                                                 Cuvier's beaked whale,
                                                  unknown.
                                                 False killer whale,
                                                  American Samoa.
                                                 Rough-toothed dolphin,
                                                  American Samoa.
                                                 Short-finned pilot
                                                  whale, unknown.
    HI shortline \2\...........              11  None documented.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
GILLNET FISHERIES:
    AK Kuskokwim, Yukon, Norton           1,702  Harbor porpoise, Bering
     Sound, Kotzebue salmon                       Sea.
     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, shad,             913  None documented.
     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 the
     seine.                                       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, squid             130  None documented.
     purse seine or lampara.
    WA salmon purse seine......              75  None documented.
    WA salmon reef net.........              11  None documented.
    HI opelu/akule net.........              22  None documented.
    HI inshore purse seine.....              <3  None documented.

[[Page 14429]]

 
    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 sablefish             291  Sperm whale, North
     longline.                                    Pacific.
    AK halibut longline/set               2,280  None documented in the
     line (state and Federal                      most recent 5 years of
     waters).                                     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, CA/
     bottomfish longline/set                      OR/WA offshore.
     line.
    WA/OR North Pacific halibut             350  None documented.
     longline/set line.
    CA pelagic longline........               1  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 seal,
     trawl.                                       North Pacific.
    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.
    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.

[[Page 14430]]

 
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  Grey whale, Eastern
     Islands crab pot.                            North Pacific.
    AK Bering Sea sablefish pot               6  None documented.
    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, Central
     pot.                                         North Pacific
                                                  (Southeast AK).
    AK Southeast Alaska shrimp              274  Humpback whale, Central
     pot.                                         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              203  Gray whale, Eastern
     crab, tanner crab pot or                     North Pacific.
     trap.                                       Harbor seal, CA.
    CA spiny lobster...........             198  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 line               3  None documented.
    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.
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.

[[Page 14431]]

 
    WA shellfish aquaculture...             684  None documented.
COMMERCIAL PASSENGER FISHING
 VESSEL (CHARTER BOAT)
 FISHERIES:
    AK/WA/OR/CA commercial        >7,000 (2,702  Killer whale, unknown.
     passenger fishing vessel.              AK)  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 mortalities and serious
  injuries of this stock, which are greater than or equal to 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.


 Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
                      Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
                                    Estimated
                                    number of     Marine mammal species
      Fishery description           vessels;     and stocks incidentally
                                     persons        killed 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.
                                                 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:

[[Page 14432]]

 
    Atlantic Ocean, Caribbean,              420  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.
                                                 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 the
     gillnet \2\.                                 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 \2\             311  None documented.
    Southeast Atlantic gillnet              357  Bottlenose dolphin,
     \2\.                                         Central FL coastal.
                                                 Bottlenose dolphin,
                                                  Northern FL coastal.
                                                 Bottlenose dolphin, SC/
                                                  GA coastal.
                                                 Bottlenose dolphin,
                                                  Southern Migratory
                                                  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  Common dolphin, WNA.
     trawl (including pair                       Long-finned pilot
     trawl).                                      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.
                                                 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\

[[Page 14433]]

 
    Southeastern U.S. Atlantic,           4,950  Atlantic spotted
     Gulf of Mexico shrimp                        dolphin, GMX
     trawl.                                       continental and
                                                  oceanic.
                                                 Bottlenose dolphin,
                                                  Eastern GMX
                                                  coastal.\1\
                                                 Bottlenose dolphin, GMX
                                                  bay, sound,
                                                  estuarine.\1\
                                                 Bottlenose dolphin, GMX
                                                  continental shelf.
                                                 Bottlenose dolphin,
                                                  Northern GMX coastal.
                                                 Bottlenose dolphin, SC/
                                                  GA coastal.\1\
                                                 Bottlenose dolphin,
                                                  Western GMX
                                                  coastal.\1\
TRAP/POT FISHERIES:
    Southeastern U.S. Atlantic,           1,282  Bottlenose dolphin,
     Gulf of Mexico stone crab                    Biscayne Bay
     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 trap/          3,467  Fin whale, WNA.
     pot \2\.                                    Humpback whale, Gulf of
                                                  Maine.
    Atlantic blue crab trap/pot           8,557  Bottlenose dolphin,
                                                  Central FL coastal.\1\
                                                 Bottlenose dolphin,
                                                  Charleston estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Indian River Lagoon
                                                  estuarine system.\1\
                                                 Bottlenose dolphin,
                                                  Jacksonville estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Northern FL
                                                  coastal.\1\
                                                 Bottlenose dolphin,
                                                  Northern GA/Southern
                                                  SC estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Northern Migratory
                                                  coastal.\1\
                                                 Bottlenose dolphin,
                                                  Northern NC estuarine
                                                  system.\1\
                                                 Bottlenose dolphin, SC/
                                                  GA coastal.\1\
                                                 Bottlenose dolphin,
                                                  Southern GA estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Southern Migratory
                                                  coastal.\1\
                                                 Bottlenose dolphin,
                                                  Southern NC estuarine
                                                  system\1\
                                                 West Indian manatee,
                                                  FL.\1\
PURSE SEINE FISHERIES:
    Gulf of Mexico menhaden               40-42  Bottlenose dolphin, GMX
     purse seine.                                 bay, sound, estuarine.
                                                 Bottlenose dolphin,
                                                  Northern GMX
                                                  coastal.\1\
                                                 Bottlenose dolphin,
                                                  Western GMX
                                                  coastal.\1\
    Mid-Atlantic menhaden purse               5  Bottlenose dolphin,
     seine \2\.                                   Northern Migratory
                                                  coastal.
                                                 Bottlenose dolphin,
                                                  Southern Migratory
                                                  coastal.
HAUL/BEACH SEINE FISHERIES:
    Mid-Atlantic haul/beach                 565  Bottlenose dolphin,
     seine.                                       Northern Migratory
                                                  coastal.\1\
                                                 Bottlenose dolphin,
                                                  Northern NC estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Southern Migratory
                                                  coastal.\1\
    NC long haul seine.........             372  Bottlenose dolphin,
                                                  Northern NC estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Southern NC estuarine
                                                  system.
STOP NET FISHERIES:
    NC roe mullet stop net.....              13  Bottlenose dolphin,
                                                  Northern Migratory
                                                  coastal.\1\
POUND NET FISHERIES:
    VA pound net...............              67  Bottlenose dolphin,
                                                  Northern NC estuarine
                                                  system.
                                                 Bottlenose dolphin,
                                                  Southern Migratory
                                                  coastal.\1\
                                                 Bottlenose dolphin,
                                                  Southern NC estuarine
                                                  system.\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 the
     gillnet.                                     most recent 5 years of
                                                  data.
    RI, southern MA (to Monomoy         unknown  None documented in the
     Island), and NY Bight                        most recent 5 years of
     (Raritan and Lower NY                        data.
     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.                                       Southern South
                                                  Carolina/Georgia.
MARINE AQUACULTURE FISHERIES:

[[Page 14434]]

 
    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 purse              10  Bottlenose dolphin,
     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  Bottlenose dolphin, WNA
     Atlantic tuna, shark                         offshore.
     swordfish hook-and-line/                    Humpback whale, Gulf of
     harpoon.                                     Maine.
    Southeastern U.S. Atlantic,          >5,000  Bottlenose dolphin, GMX
     Gulf of Mexico, and                          continental shelf.
     Caribbean snapper-grouper
     and other reef fish bottom
     longline/hook-and-line.
    Southeastern U.S. Atlantic,            <125  Bottlenose dolphin,
     Gulf of Mexico shark                         Eastern GMX coastal.
     bottom longline/hook-and-                   Bottlenose dolphin,
     line.                                        Northern GMX
                                                  continental shelf.
    Southeastern U.S. Atlantic,           1,446  None documented.
     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.                                    Eastern GMX coastal.
                                                 Bottlenose dolphin, GMX
                                                  bay, sound, estuarine.
                                                 Bottlenose dolphin,
                                                  Northern GMX coastal.
                                                 Bottlenose dolphin,
                                                  Western GMX coastal.
                                                 West Indian manatee,
                                                  FL.
    Gulf of Mexico mixed                unknown  None documented.
     species trap/pot.
    Southeastern U.S. Atlantic,              10  None documented.
     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                      Harbor porpoise, GME/
     seine/weir.                                  BF.
                                                 Harbor seal, WNA.
                                                 Minke whale, Canadian
                                                  east coast.
                                                 Atlantic white-sided
                                                  dolphin, WNA.
    U.S. Mid-Atlantic crab stop           2,600  None documented.
     seine/weir.
    U.S. Mid-Atlantic mixed             unknown  Bottlenose dolphin,
     species stop seine/weir/                     Northern NC estuarine
     pound net (except the NC                     system.
     roe mullet stop net).
    RI floating trap...........               9  None documented.
DREDGE FISHERIES:
    Gulf of Maine mussel dredge         unknown  None documented.
    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:

[[Page 14435]]

 
    Atlantic Ocean, Gulf of               4,000  Bottlenose dolphin,
     Mexico, Caribbean                            Biscayne Bay
     commercial passenger                         estuarine.
     fishing vessel.                             Bottlenose dolphin,
                                                  Central FL coastal.
                                                 Bottlenose dolphin,
                                                  Eastern GMX coastal.
                                                 Bottlenose dolphin, GMX
                                                  bay, sound, estuarine.
                                                 Bottlenose dolphin,
                                                  Indian River Lagoon
                                                  estuarine system.
                                                 Bottlenose dolphin,
                                                  Jacksonville estuarine
                                                  system.
                                                 Bottlenose dolphin,
                                                  Northern FL coastal.
                                                 Bottlenose dolphin,
                                                  Northern GA/Southern
                                                  SC estuarine.
                                                 Bottlenose dolphin,
                                                  Northern GMX coastal.
                                                 Bottlenose dolphin,
                                                  Northern migratory
                                                  coastal.
                                                 Bottlenose dolphin,
                                                  Northern NC estuarine.
                                                 Bottlenose dolphin,
                                                  Southern migratory
                                                  coastal.
                                                 Bottlenose dolphin,
                                                  Southern NC estuarine
                                                  system.
                                                 Bottlenose dolphin,
                                                  Southern SC/GA
                                                  coastal.
                                                 Bottlenose dolphin,
                                                  Western GMX coastal.
------------------------------------------------------------------------
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
  mortalities and serious injuries of this stock, which are greater than
  or equal to 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
------------------------------------------------------------------------
                                                  Marine mammal species
      Fishery description           Number of    and stocks incidentally
                                  HSFCA permits     killed or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
LONGLINE FISHERIES:
    Atlantic Highly Migratory                84  Atlantic spotted
     Species *.                                   dolphin, WNA.
                                                 Bottlenose dolphin,
                                                  Northern GMX oceanic.
                                                 Bottlenose dolphin, WNA
                                                  offshore.
                                                 Common dolphin, WNA.
                                                 Cuvier's beaked whale,
                                                  WNA.
                                                 Long-finned pilot
                                                  whale, WNA.
                                                 Mesoplodon beaked
                                                  whale, WNA.
                                                 Risso's dolphin, WNA.
                                                 Short-finned pilot
                                                  whale, WNA.
    Western Pacific Pelagic (HI             124  Bottlenose dolphin, HI
     Deep-set component) \*\                      Pelagic.
     [supcaret].                                 False killer whale, HI
                                                  Pelagic.
                                                 Pantropical spotted
                                                  dolphin, HI.
                                                 Risso's dolphin, HI.
                                                 Short-finned pilot
                                                  whale, HI.
                                                 Sperm whale, HI.
                                                 Striped dolphin, HI.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
DRIFT GILLNET FISHERIES:
    Atlantic Highly Migratory                 1  Undetermined.
     Species.
    Pacific Highly Migratory                  4  Long-beaked common
     Species * [supcaret].                        dolphin, CA.
                                                 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                 1  Undetermined.
     Species **.
    CCAMLR.....................               0  Antarctic fur seal.
    Western Pacific Pelagic....               0  Undetermined.
PURSE SEINE FISHERIES:
    South Pacific Tuna                       40  Undetermined.
     Fisheries.
    Western Pacific Pelagic....               3  Undetermined.
LONGLINE FISHERIES:
    CCAMLR.....................               0  None documented.
    South Pacific Albacore                   13  Undetermined.
     Troll.

[[Page 14436]]

 
    South Pacific Tuna                        8  Undetermined.
     Fisheries **.
    Western Pacific Pelagic (HI              28  Blainville's beaked
     Shallow-set component) *                     whale, HI.
     [supcaret].                                 Bottlenose dolphin, HI
                                                  Pelagic.
                                                 False killer whale, HI
                                                  Pelagic.
                                                 Humpback whale, Central
                                                  North Pacific.
                                                 Kogia sp. whale (Pygmy
                                                  or dwarf sperm whale),
                                                  HI.
                                                 Risso's dolphin, HI.
                                                 Short-beaked common
                                                  dolphin, CA/OR/WA.
                                                 Short-finned pilot
                                                  whale, HI
                                                 Striped dolphin, HI.
HANDLINE/POLE AND LINE
 FISHERIES:
    Atlantic Highly Migratory                 3  Undetermined.
     Species.
    Pacific Highly Migratory                 46  Undetermined.
     Species.
    South Pacific Albacore                    9  Undetermined.
     Troll.
    Western Pacific Pelagic....               5  Undetermined.
TROLL FISHERIES:
    Atlantic Highly Migratory                 4  Undetermined.
     Species.
    South Pacific Albacore                   33  Undetermined.
     Troll.
    South Pacific Tuna                        2  Undetermined.
     Fisheries **.
    Western Pacific Pelagic....              19  Undetermined.
LINERS NEI FISHERIES:
    Pacific Highly Migratory                  3  Undetermined.
     Species **.
    South Pacific Albacore                    1  Undetermined.
     Troll.
    Western Pacific Pelagic....               1  Undetermined.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
LONGLINE FISHERIES:
    Pacific Highly Migratory                101  None documented in the
     Species *.                                   most recent 5 years of
                                                  data.
PURSE SEINE FISHERIES
    Pacific Highly Migratory                  8  None documented.
     Species * [supcaret].
TROLL FISHERIES:
    Pacific Highly Migratory                262  None documented.
     Species * [supcaret].
------------------------------------------------------------------------
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.
[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 Reduction      Category I:
 Plan (ALWTRP)--50 CFR 229.32.           Mid-Atlantic gillnet.
                                         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]

[[Page 14437]]

 
Bottlenose Dolphin Take Reduction Plan   Category I:
 (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 Plan   Category I:
 (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 Plan      Category I:
 (HPTRP)--50 CFR 229.33 (New England)    Mid-Atlantic gillnet.
 and 229.34 (Mid-Atlantic).              Northeast sink gillnet.
Pelagic Longline Take Reduction Plan     Category I:
 (PLTRP)--50 CFR 229.36.                 Atlantic Ocean, Caribbean, Gulf
                                          of Mexico large pelagics
                                          longline.
Pacific Offshore Cetacean Take           Category I:
 Reduction Plan (POCTRP)--50 CFR 229.31. CA thresher shark/swordfish
                                          drift gillnet (>=14 in mesh).
------------------------------------------------------------------------
          Take reduction teams                  Affected Fisheries
------------------------------------------------------------------------
Atlantic Trawl Gear Take Reduction Team  Category II:
 (ATGTRT).                               Mid-Atlantic bottom trawl.
                                         Mid-Atlantic mid-water trawl
                                          (including pair trawl).
                                         Northeast bottom trawl.
                                         Northeast mid-water trawl
                                          (including pair trawl).
------------------------------------------------------------------------
* 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 (SBA) at the proposed rule stage 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 
mortalities or injuries 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. The 
1995 EA, 2005 EA, and 2014 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 2014 EA. 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 will 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

[[Page 14438]]

TRP, NMFS would consult under ESA section 7 on that action.
    This rule will 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 will 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

Allen, B.M. and R.P. Angliss, editors. 2013. Alaska Marine Mammal 
Stock Assessments, 2013 (Draft). NOAA Tech. Memo. NMFS-AFSC-xxx. 261 
p. Available at: http://www.nmfs.noaa.gov/pr/sars/pdf/ak2013_draft.pdf.
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. 
2013. U.S. Pacific Marine Mammal Stock Assessments: 2013 (Draft). 
NOAA Technical Memorandum NOAA-TM-NMFS-SWFSC-xxx. 306 p. Available 
at: http://www.nmfs.noaa.gov/pr/sars/pdf/po2013_draft.pdf.
Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 
2013. Draft U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks 
Assessments, 2013. NOAA Technical Memorandum NOAA-NE-xxx. 543 p. 
Available at: http://www.nmfs.noaa.gov/pr/sars/pdf/ao2013_draft.pdf.
NMFS. 2012. NOAA Fisheries Policy Directive 02-038-01 Process for 
Injury Determinations (01/27/12). Available at: http://www.nmfs.noaa.gov/pr/pdfs/serious_injury_policy.pdf.

    Dated: March 6, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-05576 Filed 3-13-14; 8:45 am]
BILLING CODE 3510-22-P