[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Proposed Rules]
[Pages 47424-47445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21837]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 170303230-7924-01]
RIN 0648-BG72


List of Fisheries for 2018

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

ACTION: Proposed rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
proposed List of Fisheries (LOF) for 2018, as required by the Marine 
Mammal Protection Act (MMPA). The LOF for 2018 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 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: Comments must be received by November 13, 2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0031, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0031,
    2. Click the ``Comment Now!'' icon, complete the required fields.
    3. Enter or attach your comments.
     Mail: Submit written comments to Chief, Marine Mammal and 
Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 
1315 East-West Highway, Silver Spring, MD 20910.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter N/A in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Kristy Long, Office of Protected 
Resources, 301-427-8402; Allison Rosner, Greater Atlantic Region, 978-
281-9328; Jessica Powell, Southeast Region, 727-824-5312; Dan Lawson, 
West Coast Region, 562-980-3209; Suzie Teerlink, Alaska Region, 907-
586-7240; Kevin Brindock, Pacific Islands Region, 808-725-5146. 
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

[[Page 47425]]

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: Tier 1 considers the cumulative fishery mortality and 
serious injury for a particular stock. 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) for 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: Tier 2 considers fishery-specific mortality and serious 
injury for a particular stock.
    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).
    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).
    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 of or no known incidental mortality and 
serious injury of marine mammals).
    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). Stocks driving a fishery's classification are denoted 
with a superscript ``1'' in Tables 1 and 2.

Other Criteria That May Be Considered

    The tier analysis requires a minimum amount of data, and NMFS does 
not have sufficient data to perform a tier analysis on certain 
fisheries. Therefore, NMFS has classified certain 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 fishermen 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 and/or stocks 
incidentally killed or injured in each commercial fishery. The list of 
species and/or stocks incidentally killed or injured includes 
``serious'' and ``non-serious'' documented injuries as described later 
in the List of Species and/or Stocks Incidentally Killed or Injured in 
the Pacific Ocean and the Atlantic Ocean, 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 and injury determination 
reports. 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 2018 LOF generally summarizes data from 2010-2014. 
NMFS also reviews other sources of new information, including injury 
determination reports, bycatch estimation reports, observer data, 
logbook data, stranding data, disentanglement network data, fishermen 
self-reports (i.e., MMPA mortality/injury reports), and anecdotal 
reports from that time period. In some cases, more recent information 
may be available and used in the LOF, but in an effort to be consistent 
with the most recent SARs and across the LOF, NMFS typically restricts 
the analysis to data within the five-year time period summarized in the 
current SAR.
    For fisheries with observer coverage, species or stocks are 
generally removed from the list of marine mammal species and/or stocks 
incidentally killed or injured if no interactions are documented in the 
five-year timeframe summarized in that year's LOF. For fisheries with 
no observer coverage and for observed fisheries with evidence 
indicating that undocumented interactions may be occurring (e.g., 
fishery has low observer coverage and stranding network data include 
evidence of fisheries interaction that cannot be attributed to a 
specific fishery) species and stocks may be retained for longer than 
five years. For these fisheries, NMFS will review the other sources of 
information listed above and use its discretion to decide

[[Page 47426]]

when it is appropriate to remove a species or stock.

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 Pacific and 
Alaska SAR includes an appendix with detailed descriptions of each 
Category I and II fishery on the LOF, including the observer coverage 
in those fisheries. For Atlantic fisheries, this information can be 
found in the LOF Fishery Fact Sheets. The SARs generally do not provide 
detailed information on observer coverage in Category III fisheries 
because, under the MMPA, Category III fisheries are generally 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, II, and III 
fisheries can be found in the fishery fact sheets on the NMFS Office of 
Protected Resources' Web site: http://www.nmfs.noaa.gov/pr/interactions/fisheries/lof.html. 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/observer-home/.

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

    The LOF includes three tables that list all U.S. commercial 
fisheries by 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 Fishery 
Management Plans (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). Additional 
information about HSFCA permits can be found at: http://www.nmfs.noaa.gov/ia/permits/highseas.html.

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 and/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/fisheries/lof.html, linked to the ``List of Fisheries by 
Year'' table. NMFS is developing 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 is taking significant time to complete. NMFS 
began posting Category III fishery fact sheets online with the LOF for 
2016.

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 Marine Mammal Authorization Program 
(MMAP) authorization certificate?

    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.

[[Page 47427]]

    In the Pacific Islands, West Coast, and Alaska regions, NMFS will 
issue vessel or gear owners an authorization certificate via U.S. mail 
or with their state or Federal license or permit at the time of 
issuance or renewal.
    In the West Coast Region, authorization certificates may be 
obtained from the Web site http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/fisheries_interactions.html.
    In the Alaska Region, authorization certificates may be obtained by 
visiting the Alaska Regional Office Web site https://alaskafisheries.noaa.gov/pr/mmapregistration.
    In the Greater Atlantic Region, NMFS will issue vessel or gear 
owners an authorization certificate via U.S. mail automatically at the 
beginning of each calendar year. Certificates may also be obtained by 
visiting the Greater Atlantic Regional Office Web site http://www.greateratlantic.fisheries.noaa.gov/mmap/.
    In the Southeast Region, NMFS will issue vessel or gear owners an 
authorization certificate via U.S. mail automatically at the beginning 
of each calendar year. Vessel or gear owners can receive additional 
authorization certificates by contacting the Southeast Regional Office 
at 727-209-5952 or by visiting the Southeast Regional Office Web site 
http://sero.nmfs.noaa.gov/protected_resources/marine_mammal_authorization_program/ and following the instructions for 
printing the certificate.
    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 license or 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 license or 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 regional and Greater Atlantic 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. Certificates can also be obtained from the region's 
Web site. 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 either 
with each renewed state fishing license in Washington and Oregon, with 
their permit renewal for Federal fisheries, the timing of which varies 
based on target species, or via U.S. mail. Vessel or gear owners who 
participate in fisheries 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 FOR 
FURTHER INFORMATION CONTACT). In Southeast regional fisheries, vessel 
or gear owners' registrations are automatically renewed and 
participants will receive an authorization certificate via U.S. mail 
automatically at the beginning of each calendar year. Additional 
authorization certificates are available for printing on the Southeast 
Regional Office Web site http://sero.nmfs.noaa.gov/protected_resources/marine_mammal_authorization_program/.

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 or, in the case of non-vessel 
fisheries, fishing activity. ``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 found at: http://www.nmfs.noaa.gov/pr/interactions/mmap/#form or by contacting the appropriate regional 
office (see FOR FURTHER INFORMATION CONTACT). Forms may be submitted 
via any of the following means: (1) Online using the electronic form; 
(2) emailed as an attachment to [email protected]; (3) faxed to 
the NMFS Office of Protected Resources at 301-713-0376; or (4) mailed 
to the NMFS Office of Protected Resources (mailing address is provided 
on the postage-paid form that can be printed from the web address 
listed above). 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 the Secretary is not required 
to place an observer on a vessel if the facilities for quartering an 
observer or performing observer functions are so inadequate or unsafe 
that the health or safety of the observer or the safe operation of the 
vessel would be jeopardized; thereby authorizing the exemption of 
vessels too small to safely accommodate an observer from this 
requirement. However, U.S. Atlantic Ocean, Caribbean, or 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)) will not be exempted from observer requirements, 
regardless of their size. Observer requirements can be found in 50 CFR 
229.7.

Am I required to comply with any marine mammal TRP regulations?

    Table 4 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/teams.html. 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 MMAP, including: Registration 
procedures and forms; current and past LOFs; descriptions of each 
Category I and II fishery and some Category III fisheries; observer 
requirements; and marine mammal mortality/injury reporting forms and 
submittal procedures; may be obtained at: http://www.nmfs.noaa.gov/pr/
interactions/

[[Page 47428]]

fisheries/lof.html, 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: Dan Lawson;
    NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 
West 9th Street, Juneau, AK 99802, Attn: Suzie Teerlink; or
    NMFS, Pacific Islands Regional Office, Protected Resources 
Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: 
Kevin Brindock.

Sources of Information Reviewed for the 2018 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, fishermen self-
reports, reports to the SRGs, conference papers, FMPs, and ESA 
documents.
    The LOF for 2018 was based on, among other things, stranding data; 
fishermen self-reports; and SARs, primarily the 2016 SARs, which are 
based on data from 2010-2014. The SARs referenced in this LOF include: 
2014 (80 FR 50599; August 20, 2015), 2015 (81 FR 38676; June 14, 2016), 
2016 (82 FR 29039; June 27, 2017). The SARs are available at: http://www.nmfs.noaa.gov/pr/sars/.

Summary of Changes to the LOF for 2018

    The following summarizes changes to the LOF for 2018, including the 
classification of fisheries, fisheries listed, the estimated number of 
vessels/persons in a particular fishery, and the species and/or stocks 
that are incidentally killed or injured in a particular fishery. NMFS 
re-classifies two fisheries in the LOF for 2018. Additionally, NMFS 
adds two fisheries to the LOF. NMFS makes changes to the estimated 
number of vessels/persons and list of species and/or stocks killed or 
injured in certain fisheries. The classifications and definitions of 
U.S. commercial fisheries for 2018 are identical to those provided in 
the LOF for 2017 with the changes discussed below. State and regional 
abbreviations used in the following paragraphs include: AK (Alaska), 
BSAI (Bering Sea and Aleutian Islands), CA (California), DE (Delaware), 
FL (Florida), GOA (Gulf of Alaska), 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

Classification of Fisheries

    NMFS proposes to reclassify the CA thresher shark/swordfish drift 
gillnet (>= 14 inch (in) mesh) fishery from Category I to Category II. 
The most recent mean annual take estimate for the CA/OR/WA stock of 
sperm whale by this fishery is 0.4 (Carretta, Moore, and Forney, 2017). 
This take estimate from the most recent five year period of available 
data (2011-2015) is 14 percent of the stock's PBR (2.7) (Carretta et 
al., 2015). The Tier II analysis is less than 50 percent but more than 
1 percent of the stock's PBR; thus, we propose this fishery be 
reclassified as Category II.
    NMFS proposes to reclassify the Category III AK Gulf of Alaska 
sablefish longline fishery to Category II based on interactions with 
sperm whales. Given the uncertainty in stock structure and abundance of 
sperm whales in the North Pacific and the best available data on North 
Pacific sperm whale mortality and serious injury (M/SI) in the AK Gulf 
of Alaska sablefish longline fishery, NMFS is proposing to reclassify 
the fishery based on the statutory definitions of the categories as 
outlined in section 118 of the MMPA. Given the current mean estimated 
annual M/SI of sperm whales in this fishery, NMFS cannot conclude the 
definition for Category III, ``a remote likelihood of or no known 
incidental mortality or serious injury of marine mammals'' is 
appropriate at this time. Instead, the best available data (i.e., mean 
annual M/SI estimate of 2.2 for this stock) support classifying the 
fishery as Category II, defined as ``occasional incidental mortality 
and serious injury of marine mammals.''
    Serious injuries to sperm whales in this fishery have been 
documented from 1997 to 2014. The current (2016) SAR uses data from 
2010-2014 to provide an estimated mean annual M/SI rate for sperm 
whales. During this 5-year window, the AK Gulf of Alaska sablefish 
longline fishery has five observed serious injury reports that have 
each been prorated to 0.75 mortalities (NMFS, 2012). Dependent upon the 
availability of associated catch data used as a metric of effort, some 
of these observations were extrapolated to the portion of the fishery 
effort that was not observed. These extrapolations were not available 
to be incorporated into the SAR until 2016.
    There were two observed serious injuries in 2012, and both were 
used to extrapolate to the unobserved effort resulting in an estimated 
total mortality of 3.4 in 2012. There were two observed serious 
injuries in 2013, one was extrapolated and one was not, for an 
estimated mortality of 6.95 (6.2 + 0.75) in 2013. There was one 
observed serious injury in 2014, which was not extrapolated, for an 
estimated mortality of 0.75 for 2014.
    These values averaged over the 5-year data interval included in the 
2016 SAR represent the reported mean estimated annual M/SI of 2.2 (CV = 
0.63) of North Pacific sperm whales in the AK Gulf of Alaska sablefish 
longline fishery (Muto et al., 2017). This is an increased estimate 
from the previous (2015) SAR, which reported an estimated mean annual 
M/SI rate of 0.8 for the years 2009-2013. The increase can be 
attributed to the addition of one observed serious injury in 2014 and 
newly available estimates from three previously unextrapolated 
interactions.
    The 2016 SAR for the North Pacific stock of sperm whale does not 
have a minimum abundance estimate (NMIN) or PBR for use in 
the LOF tier analysis. However, given the increase in estimated mean 
annual M/SI of sperm whales in the AK Gulf of Alaska sablefish longline 
fishery and in response to previous public comments (82 FR 3655; 
January 12, 2017 comment 6; 81 FR 40870; June 23, 2016 comment 4), NMFS 
has completed an assessment of this fishery using the best available 
data.
    Using the PBR formula and the stock's recovery factor 
(FR) of 0.1, we can back-calculate the theoretical 
NMIN necessary for the AK Gulf of Alaska sablefish longline 
fishery to remain a Category III

[[Page 47429]]

fishery. The AK Gulf of Alaska sablefish longline fishery is the only 
commercial fishery with documented M/SI of North Pacific sperm whales 
from 2010-2014, so both the Tier 1 and Tier 2 analyses evaluate the 
same M/SI estimate. In the Tier 1 analysis, for the mean estimated 
annual M/SI for all commercial fisheries (2.2) to be less than or equal 
to ten percent of PBR, the NMIN would need to exceed 11,000 
whales. NMFS considers it unlikely that the stock exceeds 11,000 whales 
(see Rone et al., 2016 for portion of range estimate: N = 129 (CV = 
0.44) in 2013 and N = 345 (CV = 0.43) in 2015); and, therefore, we 
proceed to a Tier 2 analysis. In the Tier 2 analysis, for the mean 
estimated M/SI from the AK Gulf of Alaska sablefish longline fishery 
(2.2) to be less than or equal to one percent of PBR (the threshold for 
Category III fisheries), the NMIN would need to exceed 
110,000. NMFS considers it unlikely that this sperm whale stock exceeds 
110,000 whales and; therefore, concludes the M/SI estimate (2.2) would 
likely exceed 1 percent of PBR if NMFS had sufficient abundance data to 
calculate PBR for this stock. Based on this result, combined with the 
statutory definitions of a Category II fishery under the MMPA, NMFS 
proposes to reclassify this fishery as Category II.

Addition of Fisheries

    NMFS proposes to add the AK BSAI halibut longline fishery as a 
Category III fishery. This fishery is proposed for classification in 
Category III based on analogy to other halibut longline fisheries.
    NMFS proposes to add the AK Gulf of Alaska sablefish pot fishery as 
a Category III fishery. NMFS recently authorized this fishery for 2017 
for sablefish Individual Fishing Quota (IFQ) share holders. In this 
fishery, sablefish pots are set along a longline, a method previously 
authorized and implemented in Alaska in the BSAI. This fishery is 
proposed for classification in Category III by analogy to other 
sablefish pot fisheries in Alaska.

Removal of Fisheries

    NMFS proposes to remove the Category III AK miscellaneous finfish 
set gillnet fishery from the LOF as miscellaneous finfish are not the 
target of set gillnet fishing methods.
    NMFS proposes to remove the Category III AK miscellaneous finfish 
beach seine fishery from the LOF as miscellaneous finfish are not the 
target of beach seine fishing methods.
    NMFS proposes to remove the Category III AK miscellaneous finfish 
purse seine fishery from the LOF as miscellaneous finfish are not the 
target of purse seine fishing methods.
    NMFS proposes to remove the Category III AK octopus/squid purse 
seine fishery from the LOF as octopus and squid are not the target of 
purse seine fishing methods.
    NMFS proposes to remove the Category III AK BSAI rockfish longline 
fishery from the LOF as rockfish are not the target of longline fishing 
methods in this region.
    NMFS proposes to remove the Category III AK Gulf of Alaska rockfish 
longline fishery from the LOF as rockfish are not the target of 
longline fishing methods in this region.
    NMFS proposes to remove the Category III AK halibut longline/set 
line (state and Federal waters) fishery from the LOF as this fishery is 
covered by AK Gulf of Alaska halibut longline and AK BSAI halibut 
longline fisheries on the LOF.
    NMFS proposes to remove the Category III AK miscellaneous finfish 
otter/beam trawl fishery from the LOF as miscellaneous finfish are not 
the target of otter/beam trawl fishing methods.
    NMFS proposes to remove the Category III AK statewide miscellaneous 
finfish pot fishery from the LOF as miscellaneous finfish are not the 
target of pot fishing methods.
    NMFS proposes to remove the Category III AK snail pot fishery from 
the LOF as there are currently no participants.
    NMFS proposes to remove the Category III AK octopus/squid handline 
fishery from the LOF as octopus and squid are not the target of 
handline fishing methods.
    NMFS proposes to remove the Category III AK Abalone fishery from 
the LOF as there are currently no participants.

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to clarify that the Category II AK BSAI rockfish 
trawl fishery includes sablefish catches. As sablefish is not the 
target species in this area, sablefish will not be listed as a separate 
fishery but will be considered as incidental catch in the rockfish 
trawl fishery in this region.
    NMFS proposes to add a superscript ``1'' to the CA/OR/WA stock of 
humpback whale to indicate it is driving the Category II classification 
of the CA spiny lobster fishery. In 2015, gear associated with this 
fishery entangled a humpback whale (Carretta, Muto et al., 2017).
    NMFS proposes to rename the Category III AK salmon purse seine 
(excluding salmon purse seine fisheries listed elsewhere) fishery to AK 
salmon purse seine (Prince William Sound, Chignik, Alaska Peninsula) 
fishery. The proposed change is for clarity to directly indicate the 
areas included.
    NMFS proposes to clarify that the Category III AK Gulf of Alaska 
rockfish trawl fishery includes targeted fishing for sablefish, which 
is included in the rockfish Fisheries Management Plan.
    NMFS proposes to rename the Category III AK food/bait herring trawl 
fishery to AK Kodiak food/bait herring otter trawl fishery to clarify 
that this fishery only takes place in Kodiak and specifically uses 
otter trawl.
    NMFS proposes to rename the Category III AK shrimp otter trawl and 
beam trawl (statewide and Cook Inlet) fishery to AK shrimp otter trawl 
and beam trawl fishery. There is no need to specifically mention the 
Cook Inlet area because this fishery is statewide.
    NMFS proposes to rename the Category III AK State-managed waters of 
Cook Inlet, Kachemak Bay, Prince William Sound, Southeast AK groundfish 
trawl fishery to AK State-managed waters of Prince William Sound 
groundfish trawl fishery as the state banned trawling in the other 
areas currently specified.
    NMFS proposes to combine the Category III AK Aleutian Islands 
sablefish pot fishery in the LOF with the Category III AK Bering Sea 
sablefish pot fishery for consistency with other regional designations 
in the LOF. The proposed change would combine these fisheries as AK 
BSAI sablefish pot fishery.
    NMFS proposes to break the Category III AK miscellaneous finfish 
handline/hand troll and mechanical jig fishery into several fisheries 
by gear and geography for improved fishery categorization of potential 
impacts to marine mammals. For gear types, NMFS proposes to recognize 
jig and troll techniques separately to distinguish between fishing 
methods that may have different degrees of marine mammal interactions. 
NMFS proposes separating these into two regions, BSAI and Gulf of 
Alaska to better understand potential regional threats to marine 
mammals. NMFS will continue to consider the same group of target 
species together for the revised classification because the included 
groundfish species are often targeted simultaneously or only retained 
secondary to another primary target species in this group. NMFS 
considers ``groundfish'' to include, but not be limited to: Pacific 
cod, sablefish, ling cod, and various rockfish species. When reporting 
a marine mammal interaction, fishermen will be responsible to self-

[[Page 47430]]

identify their fishery by area, target species, and gear type. The new 
Category III fishery names are: (1) AK BSAI groundfish jig, (2) AK BSAI 
groundfish troll, (3) AK Gulf of Alaska groundfish jig, (4) AK Gulf of 
Alaska groundfish troll.
    NMFS proposes to rename the Category III AK North Pacific halibut 
handline/hand troll and mechanical jig fishery to AK halibut jig 
fishery for clarity and consistency. There is no directed troll or 
handline effort for halibut, but there is jig effort.
    NMFS proposes to rename the Category III AK urchin and other fish/
shellfish fishery to AK miscellaneous invertebrates hand pick fishery 
for clarity and consistency with the National Bycatch Report. This 
includes hand-picked fisheries for urchin, cucumbers, and bivalves.
    NMFS makes an administrative change to the Category III Alaska 
scallop dredge fishery to be renamed AK scallop dredge for consistency.

Number of Vessels/Persons

    NMFS proposes to update the estimated number of vessels/persons in 
the Pacific Ocean (Table 1) as follows:

------------------------------------------------------------------------
                                          Number of         Number of
      Category           Fishery       vessels/persons   vessels/persons
                                         (2017 LOF)        (2018 LOF)
------------------------------------------------------------------------
I..................  HI deep-set                   139               143
                      longline.
II.................  HI shallow-set                 20                22
                      longline.
II.................  American Samoa                 20                18
                      longline.
III................  AK Gulf of                    381               271
                      Alaska crab
                      pot.
III................  AK Gulf of                    128               116
                      Alaska Pacific
                      cod pot.
III................  AK Southeast                   41               375
                      Alaska crab
                      pot.
III................  AK Southeast                  269               210
                      Alaska shrimp
                      pot.
III................  AK shrimp pot,                236               141
                      except
                      Southeast.
III................  AK octopus/                    26                15
                      squid pot.
III................  AK herring                    339               266
                      spawn on kelp.
III................  AK                            398               214
                      miscellaneous
                      invertebrates
                      handpick.
III................  American Samoa                 24                17
                      bottomfish
                      handline.
III................  AK commercial               2,702             1,006
                      passenger
                      fishing vessel.
------------------------------------------------------------------------

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

    NMFS proposes to add the Central North Pacific stock of humpback 
whale to the list of stocks incidentally killed or injured in the 
Category I Hawaii deep-set longline fishery. A humpback was seriously 
injured in 2014 in this fishery.
    NMFS proposes to add the Hawaii stock of Kogia spp. (Pygmy or dwarf 
sperm whale) to the list of stocks incidentally killed or injured in 
the Category I Hawaii deep-set longline fishery to keep parallel 
structure with Table 3.
    NMFS proposes to add the CA/OR/WA stock of Dall's porpoise to the 
list of stocks incidentally killed or injured in the Category I CA 
thresher shark/swordfish drift gillnet (>=14 in mesh) fishery based on 
a 2014 observed entanglement (Carretta, Forney et al., 2017).

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

Number of Vessels/Persons

    NMFS proposes updates to the estimated number of vessels/persons in 
the Atlantic Ocean, Gulf of Mexico, and Caribbean (Table 2) as follows:

------------------------------------------------------------------------
                                          Number of         Number of
      Category           Fishery       vessels/persons   vessels/persons
                                         (2017 LOF)        (2018 LOF)
------------------------------------------------------------------------
I..................  Atlantic Ocean,               420               280
                      Caribbean,
                      Gulf of Mexico
                      large pelagics
                      longline.
II.................  Southeastern                   30                23
                      U.S. Atlantic
                      shark gillnet.
III................  Gulf of Maine,                428              3084
                      U.S. Mid-
                      Atlantic tuna,
                      shark,
                      swordfish hook-
                      and-line/
                      harpoon.
III................  Southeastern                 <125                39
                      U.S. Atlantic,
                      Gulf of Mexico
                      shark bottom
                      longline/hook-
                      and-line.
III................  Southeastern                1,446               680
                      U.S. Atlantic,
                      Gulf of
                      Mexico, and
                      Caribbean
                      pelagic hook-
                      and-line/
                      harpoon.
------------------------------------------------------------------------

List of Species and/or Stocks Incidentally Killed or Injured in the 
Atlantic Ocean, Gulf of Mexico, and Caribbean

    NMFS proposes to add the Northern Gulf of Mexico stock of rough-
toothed dolphin to the list of stocks incidentally killed or injured in 
the Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 
longline fishery. In 2014, two serious injuries of rough-toothed 
dolphins were observed in this fishery (Garrison and Stokes, 2017). The 
estimated annual combined mortality and serious injury, from 2010-2014, 
attributable to this fishery in the northern Gulf of Mexico was 0.8 
(Hayes et al., 2017). Observer coverage from 2010-2014 for this fishery 
was 9.7, 10.1, 8.6, 14.1, and 12.3 percent, respectively.
    NMFS proposes to remove the WNA stock of white-sided dolphin from 
the stocks listed as incidentally killed or injured in the Category II 
Mid-Atlantic mid-water trawl fishery. The last documented take of 
white-sided dolphin in this fishery occurred in 2009 (Waring et al., 
2016). Since no additional takes have been documented since 2009, we 
propose to remove the stock. Observer coverage from 2010-2014 for this 
fishery was 25, 41, 21, 7, and 5 percent, respectively.
    NMFS proposes to add the WNA stock of white-sided dolphin to the 
list of stocks incidentally killed or injured in the Category II Mid-
Atlantic bottom trawl fishery. White-sided dolphin takes were 
documented in this fishery prior to 2008, but no takes were documented 
from 2008-2013 leading to the stock's removal from the list in the 2016 
LOF (81 FR 20550; April 8, 2016). In 2014, 9.67 takes were estimated. 
The current

[[Page 47431]]

mean combined annual mortality rate for 2010-2014 is now 1.9 animals 
per year (Hayes et al., 2017). Potential biological removal for this 
species is 304 (Hayes et al., 2017); therefore, the current annual 
mortality estimates (0.625 percent of PBR) will not drive the Category 
II classification of this fishery. Observer coverage from 2010-2014 for 
this fishery was 6, 8, 5, 6, and 8 percent, respectively.
    NMFS proposes to add the WNA offshore stock of bottlenose dolphin 
to the list of stocks incidentally killed or injured in the Category 
III Gulf of Maine, U.S., Mid-Atlantic tuna, shark, swordfish hook-and-
line/harpoon fishery. A fisherman self-reported one bottlenose dolphin 
injury that was determined to be a serious injury in 2010 (Waring et 
al., 2016).
    NMFS proposes to add three stocks to the list of stocks 
incidentally killed or injured in the Atlantic Ocean, Gulf of Mexico, 
Caribbean commercial passenger fishing vessel fishery. The three stocks 
are: (1) WNA stock of short-finned pilot whale and (2) Barataria Bay 
estuarine system stock and (3) Mississippi Sound, Lake Borgne, Bay 
Boudreau stock of bottlenose dolphins.
    In 2013, one short-finned pilot whale was self-reported by a 
charterboat fisherman (Hayes et al., 2017). The hooked and entangled 
animal was released alive; however, NMFS determined the injury to be 
serious (Maze-Foley and Garrison, 2016).
    In 2011, one dead and one injured Barataria Bay estuarine system 
stock of Bottlenose dolphins were documented in hook-and-line gear. In 
2013, two injured dolphins from this stock were documented in hook and 
line gear (Waring et al., 2016).
    In 2011, three dead Mississippi Sound, Lake Borgne, Bay Boudreau 
stock of bottlenose dolphins were documented in hook-and-line gear. In 
2012 and 2013, one death was documented each year associated with hook 
and line gear (Waring et al., 2016).
    NMFS corrects three administrative errors in Table 2. Under stocks 
listed as incidentally killed or injured in the Atlantic Ocean, 
Caribbean, Gulf of Mexico large pelagic longline fishery, NMFS updates 
to stock name for Atlantic spotted dolphin from ``GMX continental and 
oceanic'' to ``Northern GMX''. Second, in the Atlantic Ocean, Gulf of 
Mexico, Caribbean commercial passenger fishing vessel fishery, NMFS 
updates the stock name for bottlenose dolphin from ``Southern SC/GA 
coastal'' to ``SC/GA coastal''. Last, NMFS removes the WNA stock of 
Risso's dolphin and white-sided dolphin from the stocks listed as 
incidentally injured or killed in the Category I Mid-Atlantic gillnet 
fishery. These stocks were removed in the 2016 LOF (80 FR 58427, 
September 29, 2015), but the change was not reflected on Table 2.

Commercial Fisheries on the High Seas

Removal of Fisheries

    NMFS proposes to remove the Category II Atlantic highly migratory 
species drift gillnet fishery from the LOF as there are currently no 
participants.

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to designate the list of stocks incidentally killed 
in injured in a fishery from ``undetermined'' to ``no information'' for 
clarity that no data are available for interactions in that fishery.

Number of Vessels/Persons

    NMFS proposes updates to the estimated number of vessels/persons on 
the High Seas (Table 3) as follows:

------------------------------------------------------------------------
                                          Number of         Number of
      Category           Fishery       vessels/persons   vessels/persons
                                         (2017 LOF)        (2018 LOF)
------------------------------------------------------------------------
I..................  Atlantic highly                86                79
                      migratory
                      species
                      longline.
I..................  Western Pacific               139               143
                      pelagic
                      longline (HI
                      deep-set
                      component).
I..................  Pacific highly                  5                 4
                      migratory
                      species drift
                      gillnet.
II.................  Atlantic highly                 1                 2
                      migratory
                      species trawl.
II.................  South Pacific                  38                35
                      tuna purse
                      seine.
II.................  Western Pacific                 3                 1
                      pelagic purse
                      seine.
II.................  South Pacific                  10                 9
                      albacore troll
                      longline.
II.................  South Pacific                   2                 4
                      tuna longline.
II.................  Western Pacific                20                22
                      pelagic
                      longline (HI
                      shallow-set
                      component).
II.................  Atlantic highly                 3                 2
                      migratory
                      species
                      handline/pole
                      and line.
II.................  Pacific highly                 46                42
                      migratory
                      species
                      handline/pole
                      and line.
II.................  South Pacific                   7                11
                      albacore troll
                      handline/pole
                      and line.
II.................  Western Pacific                 2                 5
                      pelagic
                      handline/pole
                      and line.
II.................  Atlantic highly                 2                 1
                      migratory
                      species troll.
II.................  South Pacific                  30                22
                      albacore troll
                      troll.
II.................  Western Pacific                17                 6
                      pelagic troll.
III................  Pacific highly                114               105
                      migratory
                      species
                      longline.
III................  Pacific highly                  6                 7
                      migratory
                      species purse
                      seine.
III................  Northwest                       1                 2
                      Atlantic trawl.
III................  Pacific highly                187               149
                      migratory
                      species troll.
------------------------------------------------------------------------

List of Species and/or Stocks Incidentally Killed or Injured on the 
High Seas

    NMFS proposes to add the Hawaii stock of Kogia spp. (Pygmy or dwarf 
sperm whale) to the list of stocks incidentally killed or injured in 
the Category I Western Pacific Pelagic (HI deep-set component) longline 
fishery. In 2014, one serious injury was observed in this fishery 
(Carretta, Forney et al., 2017).
    NMFS proposes to add the Central North Pacific stock of humpback 
whale to the list of stocks incidentally killed or injured in the 
Category I Western Pacific Pelagic (HI deep-set component) longline 
fishery to keep parallel structure with Table 1.

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,

[[Page 47432]]

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 estimates may be 
inflations of actual effort. For example, the State of Hawaii does not 
issue fishery-specific licenses, and the number of participants 
reported in the LOF represents the number of commercial marine license 
holders who reported using a particular fishing gear type/method at 
least once in a given year, without considering how many times the gear 
was used. For these fisheries, effort by a single participant is 
counted the same whether the fisherman used the gear only once or every 
day. In the Mid-Atlantic and New England fisheries, 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. 
Tables 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 valid HSFCA 
permits currently 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 LOF, 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 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.
    Tables 1, 2, and 3 also list the marine mammal species and/or 
stocks incidentally killed or injured (seriously or non-seriously) in 
each fishery based on SARs, injury determination reports, bycatch 
estimation reports, observer data, logbook data, stranding data, 
disentanglement network data, fishermen self-reports (i.e., MMPA 
reports), and anecdotal reports. The best available scientific 
information included in these reports is based on data through 2012. 
This list includes all species and/or stocks known to be killed or 
injured in a given fishery but also includes species and/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., MMPA reports) may not be verified. In 
Tables 1 and 2, NMFS has designated those species/stocks driving a 
fishery's classification (i.e., the fishery is classified based on 
mortalities and serious injuries 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 or serious 
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 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 types, methods used to deter marine mammals, 
target species, seasons and areas fished, qualitative data from 
logbooks or fishermen 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 exclusive economic zone (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 fisheries on either side of the 
EEZ boundary. NMFS has designated those fisheries in each table by a 
``*'' after the fishery's name.

  Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
                                                        Marine mammal
                               Estimated number of     species and/or
     Fishery description         vessels/ persons    stocks incidentally
                                                      killed or injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:
HI deep-set longline *         143................  Bottlenose dolphin,
 [caret].                                            HI Pelagic.
                                                    False killer whale,
                                                     MHI Insular.\1\
                                                    False killer whale,
                                                     HI Pelagic.\1\
                                                    False killer whale,
                                                     NWHI.
                                                    Humpback whale.
                                                     Central North
                                                     Pacific.
                                                    Kogia spp. (Pygmy or
                                                     dwarf sperm whale),
                                                     HI.
                                                    Pygmy killer whale,
                                                     HI.
                                                    Risso's dolphin, HI.
                                                    Short-finned pilot
                                                     whale, HI.
                                                    Sperm whale, HI.
                                                    Striped dolphin, HI.
------------------------------------------------------------------------

[[Page 47433]]

 
                               CATEGORY II
------------------------------------------------------------------------
GILLNET FISHERIES:
CA thresher shark/swordfish    18.................  Bottlenose dolphin,
 drift gillnet (>=14 in mesh)                        CA/OR/WA offshore.
 *.
                                                    California sea lion,
                                                     U.S.
                                                    Dall's porpoise, CA/
                                                     OR/WA.
                                                    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.
                                                    Short-finned pilot
                                                     whale, CA/OR/WA.
                                                    Sperm Whale, CA/OR/
                                                     WA.\1\
CA halibut/white seabass and   50.................  California sea lion,
 other species set gillnet                           U.S.
 (>3.5 in mesh).                                    Harbor seal, CA.
                                                    Humpback whale, CA/
                                                     OR/WA.\1\
                                                    Long-beaked common
                                                     dolphin, CA.
                                                    Northern elephant
                                                     seal, CA breeding.
                                                    Sea otter, CA.
                                                    Short-beaked common
                                                     dolphin, CA/OR/WA.
CA yellowtail, barracuda, and  30.................  California sea lion,
 white seabass drift gillnet                         U.S.
 (mesh size >=3.5 in and <14                        Long-beaked common
 in) \2\.                                            dolphin, CA.
                                                    Short-beaked common
                                                     dolphin, CA/OR/WA.
AK Bristol Bay salmon drift    1,862..............  Beluga whale,
 gillnet \2\.                                        Bristol 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 PeninsulaBay salmon set     979................  Beluga whale,
 gillnet \2\.                                        Bristol Bay.
                                                    Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, Bering
                                                     Sea.
                                                    Northern fur seal,
                                                     Eastern Pacific.
                                                    Spotted seal, AK.
AK Kodiak salmon set gillnet.  188................  Harbor porpoise,
                                                     GOA.\1\
                                                    Harbor seal, GOA.
                                                    Sea otter, Southwest
                                                     AK.
                                                    Steller sea lion,
                                                     Western U.S.
AK Cook Inlet salmon set       736................  Beluga whale, Cook
 gillnet.                                            Inlet.
                                                    Dall's porpoise, AK.
                                                    Harbor porpoise,
                                                     GOA.
                                                    Harbor seal, GOA.
                                                    Humpback whale,
                                                     Central North
                                                     Pacific.\1\
                                                    Sea otter, South
                                                     central AK.
                                                    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 Islands  162................  Dall's porpoise, AK.
 salmon drift gillnet.\2\
                                                    Harbor porpoise,
                                                     GOA.
                                                    Harbor seal, GOA.
                                                    Northern fur seal,
                                                     Eastern Pacific.
AK Peninsula/Aleutian Islands  113................  Harbor porpoise,
 salmon set gillnet.\2\                              Bering Sea.
                                                    Northern sea otter,
                                                     Southwest AK.
                                                    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.

[[Page 47434]]

 
                                                    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 gillnet  168................  Gray whale, Eastern
 \2\.                                                North Pacific.
                                                    Harbor Porpoise,
                                                     Southeastern AK.
                                                    Harbor seal,
                                                     Southeast AK.
                                                    Humpback whale,
                                                     Central North
                                                     Pacific (Southeast
                                                     AK).
WA Puget Sound Region salmon   210................  Dall's porpoise, CA/
 drift gillnet (includes all                         OR/WA.
 inland waters south of U.S.-                       Harbor porpoise,
 Canada border and eastward                          inland WA.\1\
 of the Bonilla-Tatoosh line-                       Harbor seal, WA
 Treaty Indian fishing is                            inland.
 excluded).
 
TRAWL FISHERIES:
AK Bering Sea, Aleutian        32.................  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        102................  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        17.................  Killer whale, ENP AK
 Islands rockfish trawl.                             resident.\1\
                                                    Killer whale, GOA,
                                                     AI, BS
                                                     transient.\1\
POT, RING NET, AND TRAP
 FISHERIES:
CA spiny lobster.............  194................  Bottlenose dolphin,
                                                     CA/OR/WA offshore.
                                                    Humpback whale, CA/
                                                     OR/WA.\1\
                                                    Gray whale, Eastern
                                                     North Pacific.
CA spot prawn pot............  25.................  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 pot  228................  Gray whale, Eastern
                                                     North Pacific.
                                                    Humpback whale, CA/
                                                     OR/WA.\1\
LONGLINE/SET LINE FISHERIES:
AK Bering Sea, Aleutian        45.................  Dall's Porpoise, AK.
 Islands Pacific cod longline.
                                                    Killer whale, GOA,
                                                     BSAI transient.\1\
                                                    Northern fur seal,
                                                     Eastern Pacific.
                                                    Ringed seal, AK.
AK Gulf of Alaska sablefish    295................  Sperm whale, North
 longline.                                           Pacific.
HI shallow-set longline *      22.................  Blainville's beaked
 [caret].                                            whale, HI.
                                                    Bottlenose dolphin,
                                                     HI Pelagic.
                                                    False killer whale,
                                                     HI Pelagic.\1\
                                                    Humpback whale,
                                                     Central North
                                                     Pacific.
                                                    Risso's dolphin, HI.
                                                    Rough-toothed
                                                     dolphin, HI.
                                                    Short-finned pilot
                                                     whale, HI.
                                                    Striped dolphin, HI.
American Samoa longline \2\..  18.................  Bottlenose dolphin,
                                                     unknown.
                                                    Cuvier's beaked
                                                     whale, unknown.
                                                    False killer whale,
                                                     American Samoa.

[[Page 47435]]

 
                                                    Rough-toothed
                                                     dolphin, American
                                                     Samoa.
                                                    Short-finned pilot
                                                     whale, unknown.
HI shortline \2\.............  9..................  None documented.
------------------------------------------------------------------------
                              CATEGORY III
------------------------------------------------------------------------
GILLNET FISHERIES:
AK Kuskokwim, Yukon, Norton    1,778..............  Harbor porpoise,
 Sound, Kotzebue salmon                              Bering Sea.
 gillnet.
AK Prince William Sound        29.................  Harbor seal, GOA.
 salmon set gillnet.                                Sea otter, South
                                                     central AK.
                                                    Steller sea lion,
                                                     Western U.S.
AK roe herring and food/bait   920................  None documented.
 herring gillnet.
CA set gillnet (mesh size      296................  None documented.
 <3.5 in).
HI inshore gillnet...........  36.................  Bottlenose dolphin,
                                                     HI.
                                                    Spinner dolphin, HI.
WA Grays Harbor salmon drift   24.................  Harbor seal, OR/WA
 gillnet (excluding treaty                           coast.
 Tribal fishing).
WA/OR Mainstem Columbia River  15.................  None documented.
 eulachon gillnet.
WA/OR lower Columbia River     110................  California sea lion,
 (includes tributaries) drift                        U.S.
 gillnet.                                           Harbor seal, OR/WA
                                                     coast.
WA Willapa Bay drift gillnet.  82.................  Harbor seal, OR/WA
                                                     coast.
                                                    Northern elephant
                                                     seal, CA breeding.
MISCELLANEOUS NET FISHERIES:
AK Cook Inlet salmon purse     83.................  Humpback whale,
 seine.                                              Central North
                                                     Pacific.
AK Kodiak salmon purse seine.  376................  Humpback whale,
                                                     Central North
                                                     Pacific.
AK Southeast salmon purse      315................  None documented in
 seine.                                              the most recent
                                                     five years of data.
AK Metlakatla salmon purse     10.................  None documented.
 seine.
AK roe herring and food/bait   10.................  None documented.
 herring beach seine.
AK roe herring and food/bait   356................  None documented.
 herring purse seine.
AK salmon beach seine........  31.................  None documented.
AK salmon purse seine (Prince  936................  Harbor seal, GOA.
 William Sound, Chignik,                            Harbor seal, Prince
 Alaska Peninsula).                                  William Sound.
WA/OR sardine purse seine....  42.................  None documented.
CA anchovy, mackerel, sardine  65.................  California sea lion,
 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 Lower Columbia River     10.................  None documented.
 salmon 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 lift net..................  17.................  None documented.
HI inshore purse seine.......  <3.................  None documented.
HI throw net, cast net.......  23.................  None documented.
HI seine net.................  24.................  None documented.
DIP NET FISHERIES:
CA squid dip net.............  115................  None documented.
MARINE AQUACULTURE FISHERIES:
CA marine shellfish            unknown............  None documented.
 aquaculture.
CA salmon enhancement rearing  >1.................  None documented.
 pen.
CA white seabass enhancement   13.................  California sea lion,
 net pens.                                           U.S.
HI offshore pen culture......  2..................  None documented.
WA salmon net pens...........  14.................  California sea lion,
                                                     U.S.
                                                    Harbor seal, WA
                                                     inland waters.
WA/OR shellfish aquaculture..  23.................  None documented.
TROLL FISHERIES:
WA/OR/CA albacore surface      705................  None documented.
 hook and line/troll.
CA halibut hook and line/      unknown............  None documented.
 handline.
CA white seabass hook and      unknown............  None documented.
 line/handline.
AK Bering Sea, Aleutian        unknown............  None documented.
 Islands groundfish troll.
AK Gulf of Alaska groundfish   unknown............  None documented.
 troll.
AK salmon troll..............  1,908..............  Steller sea lion,
                                                     Eastern U.S.
                                                    Steller sea lion,
                                                     Western U.S.
American Samoa tuna troll....  13.................  None documented.
CA/OR/WA salmon troll........  4,300..............  None documented.
HI troll.....................  2,117..............  Pantropical spotted
                                                     dolphin, HI.
HI rod and reel..............  322................  None documented.

[[Page 47436]]

 
Commonwealth of the Northern   40.................  None documented.
 Mariana Islands tuna troll.
Guam tuna troll..............  432................  None documented.
LONGLINE/SET LINE FISHERIES:
AK Bering Sea, Aleutian        4..................  Killer whale, AK
 Islands Greenland turbot                            resident.
 longline.
AK Bering Sea, Aleutian        22.................  None documented.
 Islands sablefish longline.
AK Bering Sea, Aleutian        127................  None documented.
 Islands halibut longline.
AK Gulf of Alaska halibut      855................  None documented.
 longline.
AK Gulf of Alaska Pacific cod  92.................  Steller sea lion,
 longline.                                           Western U.S.
AK octopus/squid longline....  3..................  None documented.
AK state-managed waters        464................  None documented.
 longline/setline (including
 sablefish, rockfish,
 lingcod, and miscellaneous
 finfish).
WA/OR/CA groundfish,           367................  Bottlenose dolphin,
 bottomfish longline/set line.                       CA/OR/WA offshore.
WA/OR Pacific halibut          350................  None documented.
 longline.
CA pelagic longline..........  1..................  None documented in
                                                     the most recent
                                                     five years of data.
HI kaka line.................  15.................  None documented.
HI vertical line.............  3..................  None documented.
TRAWL FISHERIES:
AK Bering Sea, Aleutian        13.................  Ribbon seal, AK.
 Islands Atka mackerel trawl.                       Steller sea lion,
                                                     Western U.S.
AK Bering Sea, Aleutian        72.................  Ringed seal, AK.
 Islands Pacific cod trawl.                         Steller sea lion,
                                                     Western U.S.
AK Gulf of Alaska flatfish     36.................  Northern elephant
 trawl.                                              seal, North
                                                     Pacific.
AK Gulf of Alaska Pacific cod  55.................  Steller sea lion,
 trawl.                                              Western U.S.
AK Gulf of Alaska pollock      67.................  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     43.................  None documented.
 trawl.
AK Kodiak food/bait herring    4..................  None documented.
 otter trawl.
AK shrimp otter trawl and      38.................  None documented.
 beam trawl.
AK state-managed waters of     2..................  None documented.
 Prince William Sound
 groundfish trawl.
CA halibut bottom trawl......  47.................  California sea lion,
                                                     U.S.
                                                    Harbor porpoise,
                                                     unknown.
                                                    Harbor seal,
                                                     unknown.
                                                    Northern elephant
                                                     seal, CA breeding.
                                                    Steller sea lion,
                                                     unknown.
CA sea cucumber trawl........  16.................  None documented.
WA/OR/CA shrimp trawl........  300................  None documented.
WA/OR/CA groundfish trawl....  160-180............  California sea lion,
                                                     U.S.
                                                    Dall's porpoise, CA/
                                                     OR/WA.
                                                    Harbor seal, OR/WA
                                                     coast.
                                                    Northern fur seal,
                                                     Eastern Pacific.
                                                    Pacific white-sided
                                                     dolphin, CA/OR/WA.
                                                    Steller sea lion,
                                                     Eastern U.S.
POT, RING NET, AND TRAP
 FISHERIES:
AK Bering Sea, Aleutian        6..................  None documented.
 Islands sablefish pot.
AK Bering Sea, Aleutian        59.................  None documented.
 Islands Pacific cod pot.
AK Bering Sea, Aleutian        540................  Gray whale, Eastern
 Islands crab pot.                                   North Pacific.
AK Gulf of Alaska crab pot...  271................  None documented.
AK Gulf of Alaska Pacific cod  116................  Harbor seal, GOA.
 pot.
AK Gulf of Alaska sablefish    248................  None documented.
 pot.
AK Southeast Alaska crab pot.  375................  Humpback whale,
                                                     Central North
                                                     Pacific (Southeast
                                                     AK).
AK Southeast Alaska shrimp     210................  Humpback whale,
 pot.                                                Central North
                                                     Pacific (Southeast
                                                     AK).
AK shrimp pot, except          141................  None documented.
 Southeast.
AK octopus/squid pot.........  15.................  None documented.
CA/OR coonstripe shrimp pot..  36.................  Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, CA.
CA rock crab pot.............  124................  Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, CA.
WA/OR/CA hagfish pot.........  54.................  None documented.
WA/OR shrimp pot/trap........  254................  None documented.
WA Puget Sound Dungeness crab  249................  None documented.
 pot/trap.
HI crab trap.................  5..................  Humpback whale,
                                                     Central North
                                                     Pacific.
HI fish trap.................  9..................  None documented.
HI lobster trap..............  <3.................  None documented in
                                                     recent years.
HI shrimp trap...............  10.................  None documented.
HI crab net..................  4..................  None documented.
HI Kona crab loop net........  33.................  None documented.

[[Page 47437]]

 
HOOK-AND-LINE, HANDLINE, AND
 JIG FISHERIES:
AK Bering Sea, Aleutian        2..................  None documented.
 Islands groundfish jig.
AK Gulf of Alaska groundfish   214................  Fin whale, Northeast
 jig.                                                Pacific.
AK halibut jig...............  71.................  None documented.
American Samoa bottomfish....  17.................  None documented.
Commonwealth of the Northern   28.................  None documented.
 Mariana Islands bottomfish.
Guam bottomfish..............  >300...............  None documented.
HI aku boat, pole, and line..  <3.................  None documented.
HI bottomfish handline.......  578................  None documented in
                                                     recent years.
HI inshore handline..........  357................  None documented.
HI pelagic handline..........  534................  None documented.
WA groundfish, bottomfish jig  679................  None documented.
Western Pacific squid jig....  0..................  None documented.
HARPOON FISHERIES:
CA swordfish harpoon.........  6..................  None documented.
POUND NET/WEIR FISHERIES:
AK herring spawn on kelp       291................  None documented.
 pound net.
AK Southeast herring roe/food/ 2..................  None documented.
 bait pound net.
HI bullpen trap..............  3..................  None documented.
BAIT PENS:
WA/OR/CA bait pens...........  13.................  California sea lion,
                                                     U.S.
DREDGE FISHERIES:
AK scallop dredge............  108 (5 AK).........  None documented.
DIVE, HAND/MECHANICAL
 COLLECTION FISHERIES:
AK clam......................  130................  None documented.
AK Dungeness crab............  2..................  None documented.
AK herring spawn on kelp.....  266................  None documented.
AK miscellaneous               214................  None documented.
 invertebrates handpick.
HI black coral diving........  <3.................  None documented.
HI fish pond.................  5..................  None documented.
HI handpick..................  46.................  None documented.
HI lobster diving............  19.................  None documented.
HI spearfishing..............  163................  None documented.
WA/CA kelp...................  4..................  None documented.
WA/OR bait shrimp, clam hand,  201................  None documented.
 dive, or mechanical
 collection.
OR/CA sea urchin, sea          10.................  None documented.
 cucumber hand, dive, or
 mechanical collection.
COMMERCIAL PASSENGER FISHING
 VESSEL (CHARTER BOAT)
 FISHERIES:
AK/WA/OR/CA commercial         >7,000 (1,006 AK)..  Killer whale,
 passenger fishing vessel.                           unknown.
                                                    Steller sea lion,
                                                     Eastern U.S.
                                                    Steller sea lion,
                                                     Western U.S.
LIVE FINFISH/SHELLFISH
 FISHERIES:
CA nearshore finfish live      93.................  None documented.
 trap/hook-and-line.
HI aquarium collecting.......  90.................  None documented.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1: AI--Aleutian Islands;
  AK--Alaska; BS--Bering Sea; CA--California; ENP--Eastern North
  Pacific; GOA--Gulf of Alaska; HI--Hawaii; MHI--Main Hawaiian Islands;
  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; [caret] The list of marine mammal species and/or
  stocks killed or injured in this fishery is identical to the list of
  species and/or stocks killed or injured in high seas component of the
  fishery, minus species and/or stocks that have geographic ranges
  exclusively on the high seas. The species and/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
------------------------------------------------------------------------
                                                        Marine mammal
                               Estimated number of     species and/or
     Fishery description         vessels/ persons    stocks incidentally
                                                      killed or injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
GILLNET FISHERIES:
Mid-Atlantic gillnet.........  3,950..............  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.

[[Page 47438]]

 
                                                    Common dolphin, WNA.
                                                    Gray seal, WNA.
                                                    Harbor porpoise, GME/
                                                     BF.
                                                    Harbor seal, WNA.
                                                    Harp seal, WNA.
                                                    Humpback whale, Gulf
                                                     of Maine.
                                                    Minke whale,
                                                     Canadian east
                                                     coast.
Northeast sink gillnet.......  4,332..............  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.
                                                    White-sided dolphin,
                                                     WNA.
TRAP/POT FISHERIES:
Northeast/Mid-Atlantic         10,163.............  Humpback whale, Gulf
 American lobster trap/pot.                          of Maine.
                                                    Minke whale,
                                                     Canadian east
                                                     coast.
                                                    North Atlantic right
                                                     whale, WNA.\1\
LONGLINE FISHERIES:
Atlantic Ocean, Caribbean,     280................  Atlantic spotted
 Gulf of Mexico large                                dolphin, Northern
 pelagics longline *.                                GMX.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     oceanic.
                                                    Bottlenose dolphin,
                                                     WNA offshore.
                                                    Common dolphin, WNA.
                                                    Cuvier's beaked
                                                     whale, WNA.
                                                    False killer whale,
                                                     WNA.
                                                    Harbor porpoise,
                                                     GME, BF.
                                                    Kogia spp. (Pygmy or
                                                     dwarf sperm whale),
                                                     WNA.
                                                    Long-finned pilot
                                                     whale, WNA.\1\
                                                    Mesoplodon beaked
                                                     whale, WNA.
                                                    Minke whale,
                                                     Canadian East
                                                     coast.
                                                    Pantropical spotted
                                                     dolphin, Northern
                                                     GMX.
                                                    Pygmy sperm whale,
                                                     GMX.
                                                    Risso's dolphin,
                                                     Northern GMX.
                                                    Risso's dolphin,
                                                     WNA.
                                                    Rough-toothed
                                                     dolphin, Northern
                                                     GMX.
                                                    Short-finned pilot
                                                     whale, Northern
                                                     GMX.
                                                    Short-finned pilot
                                                     whale, WNA.\1\
------------------------------------------------------------------------
                               CATEGORY II
------------------------------------------------------------------------
GILLNET FISHERIES:
Chesapeake Bay inshore         248................  Bottlenose dolphin,
 gillnet \2\.                                        unknown (Northern
                                                     migratory coastal
                                                     or Southern
                                                     migratory coastal).
Gulf of Mexico gillnet \2\...  248................  Bottlenose dolphin,
                                                     GMX bay, sound, and
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Western GMX
                                                     coastal.
NC inshore gillnet...........  2,850..............  Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine
                                                     system.\1\
                                                    Bottlenose dolphin,
                                                     Southern NC
                                                     estuarine
                                                     system.\1\
Northeast anchored float       852................  Harbor seal, WNA.
 gillnet \2\.                                       Humpback whale, Gulf
                                                     of Maine.
                                                    White-sided dolphin,
                                                     WNA.
Northeast drift gillnet \2\..  1,036..............  None documented.
Southeast Atlantic gillnet     273................  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     23.................  Bottlenose dolphin,
 shark gillnet.                                      unknown (Central
                                                     FL, Northern FL, SC/
                                                     GA coastal, or
                                                     Southern migratory
                                                     coastal).
                                                    North Atlantic right
                                                     whale, WNA.
TRAWL FISHERIES:
Mid-Atlantic mid-water trawl   382................  Gray seal, WNA.
 (including pair trawl).                            Harbor seal, WNA.

[[Page 47439]]

 
Mid-Atlantic bottom trawl....  785................  Bottlenose dolphin,
                                                     WNA offshore.
                                                    Common dolphin,
                                                     WNA.\1\
                                                    Gray seal, WNA.
                                                    Harbor seal, WNA.
                                                    Risso's dolphin,
                                                     WNA.\1\
                                                    White-sided dolphin,
                                                     WNA.
Northeast mid-water trawl      1,087..............  Common dolphin, WNA.
 (including pair trawl).
                                                    Gray seal, WNA.
                                                    Harbor seal, WNA.
                                                    Long-finned pilot
                                                     whale, WNA.\1\
                                                    Minke whale,
                                                     Canadian East
                                                     Coast.
Northeast bottom trawl.......  2,238..............  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.
                                                    Risso's dolphin,
                                                     WNA.
                                                    White-sided dolphin,
                                                     WNA.\1\
Southeastern U.S. Atlantic,    4,950..............  Atlantic spotted
 Gulf of Mexico shrimp trawl.                        dolphin, GMX
                                                     continental and
                                                     oceanic.
                                                    Bottlenose dolphin,
                                                     Charleston
                                                     estuarine system.
                                                    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,
                                                     Southern migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Western GMX
                                                     coastal.\1\
                                                    West Indian manatee,
                                                     Florida.
TRAP/POT FISHERIES:
Southeastern U.S. Atlantic,    1,384..............  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/   3,436..............  Fin whale, WNA.
 pot \2\.                                           Humpback whale, Gulf
                                                     of Maine.
Atlantic blue crab trap/pot..  7,714..............  Bottlenose dolphin,
                                                     Central FL coastal.
                                                    Bottlenose dolphin,
                                                     Central GA
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Charleston
                                                     estuarine
                                                     system.\1\
                                                    Bottlenose dolphin,
                                                     Indian River Lagoon
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Jacksonville
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Northern FL
                                                     coastal.\1\
                                                    Bottlenose dolphin,
                                                     Northern GA/
                                                     Southern SC
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Northern Migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine
                                                     system.\1\
                                                    Bottlenose dolphin,
                                                     Northern SC
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     SC/GA coastal.
                                                    Bottlenose dolphin,
                                                     Southern GA
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Southern Migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Southern NC
                                                     estuarine system.
                                                    West Indian manatee,
                                                     FL.
PURSE SEINE FISHERIES:
Gulf of Mexico menhaden purse  40-42..............  Bottlenose dolphin,
 seine.                                              GMX bay, sound,
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Mississippi Sound,
                                                     Lake Borgne, Bay
                                                     Boudreau.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal.\1\
                                                    Bottlenose dolphin,
                                                     Western GMX
                                                     coastal.\1\
Mid-Atlantic menhaden purse    19.................  Bottlenose dolphin,
 seine \2\.                                          Northern Migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Southern Migratory
                                                     coastal.
HAUL/BEACH SEINE FISHERIES:

[[Page 47440]]

 
Mid-Atlantic haul/beach seine  359................  Bottlenose dolphin,
                                                     Northern Migratory
                                                     coastal.\1\
                                                    Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine
                                                     system.\1\
                                                    Bottlenose dolphin,
                                                     Southern Migratory
                                                     coastal.\1\
NC long haul seine...........  30.................  Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine
                                                     system.\1\
                                                    Bottlenose dolphin,
                                                     Southern NC
                                                     estuarine system.
STOP NET FISHERIES:
NC roe mullet stop net.......  1..................  Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     unknown (Southern
                                                     migratory coastal
                                                     or Southern NC
                                                     estuarine system).
POUND NET FISHERIES:
VA pound net.................  26.................  Bottlenose dolphin,
                                                     Northern migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Southern Migratory
                                                     coastal.\1\
------------------------------------------------------------------------
                              CATEGORY III
------------------------------------------------------------------------
GILLNET FISHERIES:
Caribbean gillnet............  >991...............  None documented in
                                                     the most recent
                                                     five years of data.
DE River inshore gillnet.....  unknown............  None documented in
                                                     the most recent
                                                     five years of data.
Long Island Sound inshore      unknown............  None documented in
 gillnet.                                            the most recent
                                                     five years of data.
RI, southern MA (to Monomoy    unknown............  None documented in
 Island), and NY Bight                               the most recent
 (Raritan and Lower NY Bays)                         five years of data.
 inshore gillnet.
Southeast Atlantic inshore     unknown............  Bottlenose dolphin,
 gillnet.                                            Northern SC
                                                     estuarine system.
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 species   20.................  None documented.
 trawl.
GA cannonball jellyfish trawl  1..................  Bottlenose dolphin,
                                                     SC/GA coastal.
MARINE AQUACULTURE FISHERIES:
Finfish aquaculture..........  48.................  Harbor seal, WNA.
Shellfish aquaculture........  unknown............  None documented.
PURSE SEINE FISHERIES:
Gulf of Maine Atlantic         >7.................  Harbor seal, WNA.
 herring purse seine.                               Gray seal, WNA.
Gulf of Maine menhaden purse   >2.................  None documented.
 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 bottom  >1,207.............  None documented.
 longline/hook-and-line.
Gulf of Maine, U.S. Mid-       3,084..............  Bottlenose dolphin,
 Atlantic tuna, shark,                               WNA offshore.
 swordfish hook-and-line/                           Humpback whale, Gulf
 harpoon.                                            of Maine.
Southeastern U.S. Atlantic,    >5,000.............  Bottlenose dolphin,
 Gulf of Mexico, and                                 GMX continental
 Caribbean snapper-grouper                           shelf.
 and other reef fish bottom
 longline/hook-and-line.
Southeastern U.S. Atlantic,    39.................  Bottlenose dolphin,
 Gulf of Mexico shark bottom                         Eastern GMX
 longline/hook-and-line.                             coastal.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     continental shelf.
Southeastern U.S. Atlantic,    680................  None documented.
 Gulf of Mexico, and
 Caribbean pelagic hook-and-
 line/harpoon.
U.S. Atlantic, Gulf of Mexico  unknown............  None documented.
 trotline.
TRAP/POT FISHERIES:
Caribbean mixed species trap/  >501...............  None documented.
 pot.
Caribbean spiny lobster trap/  >197...............  None documented.
 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.
                                                    Bottlenose dolphin,
                                                     FL Keys.
Gulf of Mexico blue crab trap/ 4,113..............  Bottlenose dolphin,
 pot.                                                Barataria Bay.
                                                    Bottlenose dolphin,
                                                     Eastern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     GMX bay, sound,
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Mississippi Sound,
                                                     Lake Borgne, Bay
                                                     Boudreau.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Western GMX
                                                     coastal.
                                                    West Indian manatee,
                                                     FL.
Gulf of Mexico mixed species   unknown............  None documented.
 trap/pot.

[[Page 47441]]

 
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/FYKE NET
 FISHERIES:
Gulf of Maine herring and      >1.................  Harbor porpoise, GME/
 Atlantic mackerel stop seine/                       BF.
 weir.
                                                    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
 pound net (except the NC roe                        estuarine system.
 mullet stop net).
RI floating trap.............  9..................  None documented.
Northeast and Mid-Atlantic     unknown............  None documented.
 fyke net.
DREDGE FISHERIES:
Gulf of Maine sea urchin       unknown............  None documented.
 dredge.
Gulf of Maine mussel dredge..  unknown............  None documented.
Gulf of Maine, U.S. Mid-       >403...............  None documented.
 Atlantic sea scallop dredge.
Mid-Atlantic blue crab dredge  unknown............  None documented.
Mid-Atlantic soft-shell clam   unknown............  None documented.
 dredge.
Mid-Atlantic whelk dredge....  unknown............  None documented.
U.S. Mid-Atlantic/Gulf of      7,000..............  None documented.
 Mexico oyster dredge.
New England and Mid-Atlantic   unknown............  None documented.
 offshore surf clam/quahog
 dredge.
HAUL/BEACH SEINE FISHERIES:
Caribbean haul/beach seine...  15.................  None documented in
                                                     the most recent
                                                     five years of data.
Gulf of Mexico haul/beach      unknown............  None documented.
 seine.
Southeastern U.S. Atlantic     25.................  None documented.
 haul/beach seine.
DIVE, HAND/MECHANICAL
 COLLECTION FISHERIES:
Atlantic Ocean, Gulf of        20,000.............  None documented.
 Mexico, Caribbean shellfish
 dive, hand/mechanical
 collection.
Gulf of Maine urchin dive,     unknown............  None documented.
 hand/mechanical collection.
Gulf of Mexico, Southeast      unknown............  None documented.
 Atlantic, Mid-Atlantic, and
 Caribbean cast net.
COMMERCIAL PASSENGER FISHING
 VESSEL (CHARTER BOAT)
 FISHERIES:
Atlantic Ocean, Gulf of        4,000..............  Bottlenose dolphin,
 Mexico, Caribbean commercial                        Barataria Bay
 passenger fishing vessel.                           estuarine system.
                                                    Bottlenose dolphin,
                                                     Biscayne Bay
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Central FL coastal.
                                                    Bottlenose dolphin,
                                                     Choctawhatchee Bay.
                                                    Bottlenose dolphin,
                                                     Eastern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     FL Bay.
                                                    Bottlenose dolphin,
                                                     GMX bay, sound,
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Indian River Lagoon
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Jacksonville
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Mississippi Sound,
                                                     Lake Borgne, Bay
                                                     Boudreau.
                                                    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,
                                                     SC/GA coastal.
                                                    Bottlenose dolphin,
                                                     Western GMX
                                                     coastal.
                                                    Short-finned pilot
                                                     whale, WNA.
------------------------------------------------------------------------
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; NY--New York; RI--Rhode
  Island; 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.


[[Page 47442]]


    Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
                                                  Marine mammal species
                                    Number of         and/or stocks
       Fishery description            HSFCA      incidentally  killed or
                                     permits             injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
LONGLINE FISHERIES:
Atlantic Highly Migratory Species           79  Atlantic spotted
 *.                                              dolphin, WNA.
                                                Bottlenose dolphin,
                                                 Northern GMX oceanic.
                                                Bottlenose dolphin, WNA
                                                 offshore.
                                                Common dolphin, WNA.
                                                Cuvier's beaked whale,
                                                 WNA.
                                                False killer whale, WNA.
                                                Killer whale, GMX
                                                 oceanic.
                                                Kogia spp. whale (Pygmy
                                                 or dwarf sperm whale),
                                                 WNA.
                                                Long-finned pilot whale,
                                                 WNA.
                                                Mesoplodon beaked whale,
                                                 WNA.
                                                Minke whale, Canadian
                                                 East coast.
                                                Pantropical spotted
                                                 dolphin, WNA.
                                                Risso's dolphin, GMX.
                                                Risso's dolphin, WNA.
                                                Short-finned pilot
                                                 whale, WNA.
Western Pacific Pelagic (HI Deep-          143  Bottlenose dolphin, HI
 set component) * [caret].                       Pelagic.
                                                False killer whale, HI
                                                 Pelagic.
                                                Humpback whale, Central
                                                 North Pacific.
                                                Kogia spp. (Pygmy or
                                                 dwarf sperm whale), HI.
                                                Pygmy killer whale, HI.
                                                Risso's dolphin, HI.
                                                Short-finned pilot
                                                 whale, HI.
                                                Sperm whale, HI.
                                                Striped dolphin, HI.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
DRIFT GILLNET FISHERIES:
Pacific Highly Migratory Species             4  Long-beaked common
 * [caret].                                      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 Species            2  No information.
 **.
CCAMLR...........................            0  Antarctic fur seal.
PURSE SEINE FISHERIES:
South Pacific Tuna Fisheries.....           35  No information.
Western Pacific Pelagic..........            1  No information.
LONGLINE FISHERIES:
CCAMLR...........................            0  None documented.
South Pacific Albacore Troll.....            9  No information.
South Pacific Tuna Fisheries **..            4  No information.
Western Pacific Pelagic (HI                 22  Blainville's beaked
 Shallow-set component) * [caret].               whale, HI.
                                                Bottlenose dolphin, HI
                                                 Pelagic.
                                                False killer whale, HI
                                                 Pelagic.
                                                Humpback whale, Central
                                                 North Pacific.
                                                Northern elephant seal,
                                                 CA breeding.
                                                Risso's dolphin, HI.
                                                Rough-toothed 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 Species            2  No information.
Pacific Highly Migratory Species.           42  No information.
South Pacific Albacore Troll.....           11  No information.
Western Pacific Pelagic..........            5  No information.
TROLL FISHERIES:
Atlantic Highly Migratory Species            1  No information.
South Pacific Albacore Troll.....           22  No information.
South Pacific Tuna Fisheries **..            4  No information.
Western Pacific Pelagic..........            6  No information.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
LONGLINE FISHERIES:

[[Page 47443]]

 
Northwest Atlantic Bottom                    1  None documented.
 Longline.
Pacific Highly Migratory Species.          105  None documented in the
                                                 most recent 5 years of
                                                 data.
PURSE SEINE FISHERIES:
Pacific Highly Migratory Species             7  None documented.
 * [caret].
TRAWL FISHERIES:
Northwest Atlantic...............            2  None documented.
TROLL FISHERIES:
Pacific Highly Migratory Species           149  None documented.
 *.
------------------------------------------------------------------------
List of Terms, Abbreviations, and Symbols Used in Table 3:
CA--California; GMX--Gulf of Mexico; HI--Hawaii; OR--Oregon; WA--
  Washington; 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.
[caret]The list of marine mammal species and/or stocks killed or injured
  in this fishery is identical to the list of marine mammal species and/
  or stocks killed or injured in U.S. waters component of the fishery,
  minus species and/or stocks that have geographic ranges exclusively in
  coastal waters, because the marine mammal species and/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]
Bottlenose Dolphin Take Reduction    Category I
 Plan (BDTRP)--50 CFR 229.35.        Mid-Atlantic gillnet.
                                     Category II
                                        Atlantic blue crab trap/pot.
                                        Chesapeake Bay inshore gillnet
                                         fishery.
                                        Mid-Atlantic haul/beach seine.
                                        Mid-Atlantic menhaden purse
                                         seine.
                                        NC inshore gillnet.
                                        NC long haul seine.
                                        NC roe mullet stop net.
                                        Southeast Atlantic gillnet.
                                        Southeastern U.S. Atlantic shark
                                         gillnet.
                                        Southeastern U.S. Atlantic, Gulf
                                         of Mexico shrimp
                                         trawl.[supcaret]
                                        Southeastern, U.S. Atlantic,
                                         Gulf of Mexico stone crab trap/
                                         pot.[supcaret]
                                        VA pound net.
False Killer Whale Take Reduction    Category I
 Plan (FKWTRP)--50 CFR 229.37.       HI deep-set longline.
                                     Category II
                                        HI shallow-set longline.
Harbor Porpoise Take Reduction Plan  Category I
 (HPTRP)--50 CFR 229.33 (New         Mid-Atlantic gillnet.
 England) and 229.34 (Mid-Atlantic). Northeast sink gillnet.
Pelagic Longline Take Reduction      Category I
 Plan (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     CA thresher shark/swordfish drift
 229.31.                              gillnet (>=14 in mesh).
Atlantic Trawl Gear Take Reduction   Category II
 Team (ATGTRT).                      Mid-Atlantic bottom trawl.
                                        Mid-Atlantic mid-water trawl
                                         (including pair trawl).
                                        Northeast bottom trawl.

[[Page 47444]]

 
                                        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 has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this LOF would not have a significant 
economic impact on a substantial number of small entities. Any entity 
with combined annual fishery landing receipts less than $11 million is 
considered a small entity. Under the former, lower size standards, all 
entities subject to this action were considered small entities; thus, 
they all would continue to be considered small under the new standards.
    Under existing regulations, all individuals participating in 
Category I or II fisheries must register under the MMPA and obtain an 
Authorization Certificate. The Authorization Certificate authorizes the 
taking of non-endangered and non-threatened marine mammals incidental 
to commercial fishing operations. Additionally, individuals may be 
subject to a TRP and requested to carry an observer. NMFS has estimated 
that up to approximately 77,385 fishing vessels, most with annual 
revenues below the SBA's small entity thresholds, may operate in 
Category I or II fisheries. As fishing vessels operating in Category I 
or II fisheries, they are required to register with NMFS. Three hundred 
and thirteen fishing vessels are new to Category II as a result of this 
proposed LOF. The MMPA registration process is integrated with existing 
state and Federal licensing, permitting, and registration programs. 
Therefore, individuals who have a state or Federal fishing permit or 
landing license, or who are authorized through another related state or 
Federal fishery registration program, are currently not required to 
register separately under the MMPA or pay the $25 registration fee. 
Therefore, this proposed LOF would not impose any direct costs on small 
entities. Record keeping and reporting costs associated with this LOF 
are minimal and would not have a significant impact on a substantial 
number of small entities.
    If a vessel is requested to carry an observer, vessels will not 
incur any direct economic costs associated with carrying that observer. 
As a result of this certification, an initial regulatory flexibility 
analysis is not required and has not been prepared. In the event that 
reclassification of a fishery to Category I or II results in a TRP, 
economic analyses of the effects of that TRP would be summarized in 
subsequent rulemaking actions.
    This LOF contains collection-of-information (COI) requirements 
subject to the Paperwork Reduction Act. The COI 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). 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 COI. Send comments regarding these reporting burden 
estimates or any other aspect of the COI, 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 COI, subject to the requirements of the Paperwork 
Reduction Act, unless that COI displays a currently valid OMB control 
number.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Orders 12866 and 13563.
    This rule is not expected to be an E.O. 13771 regulatory action 
because this rule is not significant under E.O. 12866.
    NMFS preliminary determined the proposed LOF is consistent with 
categories of activities identified in CE G7 (``Preparation of policy 
directives, rules, regulations, and guidelines of an administrative, 
financial, legal, technical, or procedural nature, or for which the 
environmental effects are too broad, speculative or conjectural to lend 
themselves to meaningful analysis and will be subject later to the NEPA 
process, either collectively or on a case-by-case basis'') of the 
Companion Manual for NAO 216-6A and we have not identified any 
extraordinary circumstances listed in Chapter 4 of the Companion Manual 
for NAO 216-6A that would preclude application of this categorical 
exclusion. If NMFS takes a management action, for example, through the 
development of a TRP, NMFS would first prepare an Environmental Impact 
Statement (EIS) or Environmental Assessment (EA), as required under 
NEPA, specific to that action.
    This proposed LOF would not affect species listed as threatened or 
endangered under the ESA or their associated critical habitat. The 
impacts of numerous fisheries have been analyzed in various biological 
opinions, and this LOF will not affect the conclusions of those 
opinions. The classification of fisheries on the LOF is not considered 
to be a management action that would adversely affect threatened or 
endangered species. If NMFS takes a management action, for example, 
through the development of a TRP, NMFS would consult under ESA section 
7 on that action.
    This proposed LOF would have no adverse impacts on marine mammals 
and may have a positive impact on marine mammals by improving knowledge 
of marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This proposed LOF would not affect the land or water uses or 
natural resources of the coastal zone, as specified under section 307 
of the Coastal Zone Management Act.

References

Allen, B.M. and R.P. Angliss, editors. 2016. Alaska Marine Mammal 
Stock Assessments, 2015. NOAA Tech. Memo. NMFS-AFSC-323. 309 p.
Carretta, J.V., E. Oleson, D.W. Weller, A.R. Lang, K.A. Forney, J. 
Baker, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. Lowry, J. 
Barlow, J.E. Moore, D. Lynch, L. Carswell, and R.L. Brownell Jr. 
2015. U.S. Pacific Marine Mammal Stock Assessments: 2014. NOAA 
Technical Memorandum NOAA-TM-NMFS-SWFSC-549. 414 p.
Carretta, J.V., K.A. Forney, E. Oleson, D.W. Weller, A.R. Lang, J. 
Baker, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. Lowry, 
J.Barlow, J.E. Moore, D. Lynch, L. Carswell, and R.L. Brownell Jr. 
2017.

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Memorandum NOAA-TM-NMFS-SWFSC-577. 414 p.
Carretta, J.V., J.E. Moore, and K.A. Forney. 2017. Regression tree 
and ratio estimates of marine mammal, sea turtle, and seabird 
bycatch in the California drift gillnet fishery: 1990-2015. NOAA 
Technical Memorandum, NOAA-TM-NMFS-SWFSC-568. 83 p. doi:10.7289/V5/
TM-SWFSC-568.
Carretta, J.V., M.M. Muto, S. Wilkin, J. Greenman, K. Wilkinson, D. 
Lawson, J. Viezbicke, and J. Jannot. 2017. Sources of human-related 
injury and mortality for U.S. Pacific west coast marine mammal 
stocks assessments, 2011-2015. NOAA-TM-NMFS-SWFSC-579. 126 p.
Hayes, S.A., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 
2017. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks 
Assessments, 2016. NOAA Technical Memorandum NOAA-NE-241. 274 p.
Jannot, J.E., V. Tuttle, K. Somers, Y-W. Lee, J. McVeigh. 2016. 
Marine Mammal, Seabird, and Sea Turtle Summary of Observed 
Interactions, 2002-2014. Fisheries Observation Science, Fishery 
Resource Analysis and Monitoring Division, Northwest Fisheries 
Science Center.
McCracken, M.L. 2016. Assessment of Incidental Interactions with 
Marine Mammals in the Hawaii Deep and Shallow Set Fisheries from 
2010 through 2014. NMFS Pacific Islands Fisheries Science Center, 
PIFSC Internal Report IR-16-008. 2 p. + Excel spreadsheet.
Muto, M.M., V.T. Helker, R.P. Angliss, B.A. Allen, P.L. Boveng, J.M. 
Breiwick, M.F. Cameron, P.J. Clapham, S.P. Dahle, M.E. Dahlheim, 
B.S. Fadely, M.C. Ferguson, L.W. Fritz, R.C. Hobbs, Y.V. 
Ivashchenko, A.S. Kennedy, J.M. London, S.A. Mizroch, R.R. Ream, 
E.L. Richmond, K.E.W. Shelden, R.G. Towell, P.R. Wade, J.M. Waite, 
and A.N. Zerbini. 2017. Alaska Marine Mammal Stock Assessments, 
2016. NOAA Technical Memorandum NOAA-TM-NMFS-AFSC-355. 367 p.
National Marine Fisheries Service. 2012. National Marine Fisheries 
Service Policy Directive 02-238. Process for Distinguishing Serious 
from Non-Serious Injury of Marine Mammals, 4 p. (Available at: 
http://www.nmfs.noaa.gov/op/pds/documents/02/02-238.pdf).
Rone, B.K., A.N. Zerbini, A.B. Douglas, D.W. Weller, and P.J. 
Clapham. 2016. Abundance and distribution of cetaceans in the Gulf 
of Alaska. Marine Biology 164:23.
Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 
2016. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks 
Assessments, 2015. NOAA Technical Memorandum NOAA-NE-238. 512 p.
Western Pacific Regional Fishery Management Council (WPRFMC). 2015a. 
Stock Assessment and Fishery Evaluation (SAFE) Report Pacific Island 
Pelagic Fisheries. 396 p.
Western Pacific Regional Fishery Management Council (WPRFMC). 2015b. 
Annual Stock Assessment and Fishery Evaluation Report: Fishery 
Ecosystem Plan for the American Samoa Archipelago. 202 p.

    Dated: October 4, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-21837 Filed 10-11-17; 8:45 am]
BILLING CODE 3510-22-P