[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Rules and Regulations]
[Pages 5349-5372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02442]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 170303230-8047-02]
RIN 0648-BG72


List of Fisheries for 2018

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

ACTION: Final rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
final List of Fisheries (LOF) for 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: The applicability date of this final rule is March 9, 2018.

ADDRESSES: Chief, Marine Mammal and Sea Turtle Conservation Division, 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.

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 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 (OSP). 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

[[Page 5350]]

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 interactions 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 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 website 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' website: 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 website: 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

[[Page 5351]]

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' website: 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.
    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 website 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 website 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 website 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 website 
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 
website. 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 website 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,

[[Page 5352]]

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/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/.

Comments and Responses

    NMFS received letters containing comments on the proposed LOF for 
2018 (82 FR 47424; October 12, 2017) from the Marine Mammal Commission 
(Commission); five non-governmental organizations (Center for 
Biological Diversity (CBD), Hawaii Longline Association (HLA), 
Southeast Alaska Fishermen's Alliance (SEAFA), Southeast Alaska Sperm 
Whale Avoidance Project (SEASWAP), and Turtle Island Restoration 
Network (TIRN); and two individuals. Responses to substantive comments 
are below; comments on actions not related to the LOF are not included.

Comments on Commercial Fisheries in the Pacific Ocean

    Comment 1: The Commission believes that NMFS' approach to 
classifying the Gulf of Alaska sablefish longline (GOA SLL) fishery 
based on the statutory definitions of fishery categories in the MMPA, 
in the absence of an estimate of PBR, is appropriate. Further, the 
Commission states that NMFS has the discretion to classify a fishery as 
Category I in the absence of the data necessary to calculate mortality 
and serious injury (M/SI) as a fraction of PBR. The Commission notes 
that while the current M/SI is almost certainly greater than 10 percent 
of PBR, exactly where M/SI as a percentage of PBR falls relative to the 
Category I and II thresholds depends on what proportion of the stock's 
U.S. range was surveyed, and other factors not taken into account in 
NMFS' analysis. The Commission recommends that the GOA SLL fishery 
should be classified as at least a Category II fishery. However, two 
other commenters, SEASWAP and SEAFA, oppose the proposed change to 
reclassify the GOA SLL from a Category III to a Category II fishery 
based on interactions with sperms whales. These commenters disagree 
that these temporary sperm whale entanglements resulted in serious 
injuries and assert that prorating these serious injuries to 
mortalities is not appropriate (see

[[Page 5353]]

comments 3, 4, and 5 below). They urge NMFS to retain the existing 
Category III ranking for the fishery.
    Response: NMFS agrees with the Commission and has reclassified the 
fishery as Category II. Given our analysis of the estimated mean annual 
M/SI attributed to the GOA SLL fishery, and our best available 
information regarding the North Pacific sperm whale stock, the AK Gulf 
of Alaska sablefish pot fishery will be classified as Category II in 
the 2018 LOF; NMFS will continue to consider all available data in its 
future classifications of this fishery.
    Comment 2: The Commission recommends that NMFS give high priority 
to: (1) Surveying enough of the range of sperm whales to provide a 
reliable estimate of PBR for the portion of the stock that occupies the 
EEZ in Alaska, (2) increasing observer coverage in the GOA SLL fishery 
(currently 14-19 percent), and (3) developing a take reduction plan for 
the North Pacific stock of sperm whales. The Commission comments that 
these actions will enable NMFS to more definitively classify the GOA 
SLL fishery and to mitigate the bycatch problem.
    Response: NMFS agrees with the Commission on the need for reliable 
estimates of abundance and PBR for the North Pacific sperm whale stock; 
however, the funding necessary for surveying sperm whales in the Gulf 
of Alaska is currently unavailable. Next, observer coverage is 
determined through the Annual Deployment Plan (ADP) process, which 
provides a statistically-based sampling approach for the random 
deployment of human observers onto longline vessels operating in the 
Gulf of Alaska. The ADP is part of a larger annual process where NMFS 
consults with the North Pacific Fishery Management Council and its 
Scientific and Statistical Committee on to determine the amount of 
coverage for an upcoming year. This method is described in the 2018 ADP 
(available at https://www.afsc.noaa.gov/Publications/ProcRpt/PR2017-07.pdf). Regarding take reduction plans, NMFS' available resources for 
Take Reduction Teams (TRTs) are fully utilized at this time. When NMFS 
lacks sufficient funding to convene a TRT for all stocks that interact 
with Category I and II fisheries, NMFS gives highest priority for 
developing and implementing new take reduction plans to species and 
stocks whose level of incidental mortality and serious injury exceeds 
PBR, that have a small population size, and that are declining most 
rapidly, pursuant to MMPA section 118(f)(3).
    Comment 3: SEASWAP and SEAFA assert that NMFS' assignment of the 
significant injury and 75 percent mortality rate to temporary sperm 
whale entanglements is unsubstantiated and inconsistent with the 
determination criteria used for other cetacean species, such as beluga 
and humpback whales. SEASWAP and SEAFA request that NMFS lower the pro-
rated mortality rate for sperm whales.
    Response: NMFS implemented a policy for distinguishing serious from 
non-serious injury of marine mammals to increase transparency and 
consistency nationwide in assessing and quantifying serious injuries of 
marine mammals in 2012 (NMFS 2012). This policy serves as the basis for 
evaluating injury reports of marine mammals. The policy involves 
applying guidelines to determine whether an injury should be considered 
serious and describes a variety of injuries specific to large 
cetaceans, small cetaceans, and pinnipeds. The policy and guidelines 
cover most types of injury and were developed to fit data rich as well 
as data poor injury events.
    Criteria for evaluating large whale injuries include three types of 
entanglements. Two of these types are ``constricting wrap,'' a serious 
injury (SI), and ``loose wrap, bridled or draped gear,'' a non-serious 
injury (NSI). If documentation of a confirmed entanglement is 
inadequate to assign an entanglement to either of these types a third 
category is used, ``evidence of entanglement.'' Events falling in this 
category are prorated. To prorate, the number of events assigned to 
this category within the assessment period is multiplied by 0.75. This 
value was calculated based on 114 documented entanglement events with 
known outcomes that occurred between 2004 and 2008, of which 85 (75 
percent) resulted in the whales' deteriorating health or death. 
Although more severe or prolonged entanglements may be more likely to 
be reported, the 0.75 prorating reflects the probability that some 
confirmed entanglement reports lacking detail will be of minor events.
    SEASWAP and SEAFA are correct that using a prorate value of 0.75 
for sperm whale entanglements reflects assumptions about the fate of 
the entangled animals. We would welcome data analyses or other 
information from SEASWAP on sperm whale interactions with longline 
fisheries that would help inform future injury determinations. The 0.75 
value is based on the best available information.
    The other injury determinations referenced by SEASWAP are also 
consistent with NMFS' policy and guidelines for distinguishing serious 
from non-serious injury. The vessel strike that left a piece of whale 
skin on a vessel's hull was categorized as a ``superficial laceration'' 
and a vessel strike under ``vessel any size less than 10 knots,'' both 
of which are considered non-serious injuries. Injuries to small 
cetaceans, such as beluga whales, are assigned to a category from a 
list specific to small cetaceans. The beluga entangled in gillnet that 
was later freed from gear was assigned to the ``anchored, immobilized, 
entangled, or entrapped before being freed without gear attached'' 
category. This category does not have a defined injury value, and 
instead requires a case-specific assessment. NMFS evaluated the record 
of the injury and considered it a non-serious injury because the animal 
was able to surface while entangled and was confirmed to be free of 
gear when released.
    Comment 4: SEASWAP and SEAFA disagree with the conclusion in the 
March 2016 NOAA report (NOAA-TM-AFSC-315) that the temporary sperm 
whale entanglements reported during 2010-2014 resulted in 6.25 dead 
sperm whales. They further assert that of the five cases described by 
observers, not one included a documented case of the whales remaining 
entangled or having visible injury from the entanglement, yet ``serious 
injury'' was assigned in four cases (Haul numbers 225, 7, 82, and 116). 
SEASWAP and SEAFA urge NOAA to reassign these ``significant injury'' 
designations to ``non-serious injury.''
    Response: When we review entanglement records, we pay close 
attention to the observer's recorded description of events. When an 
observer codes an interaction as ``entangled in gear (not trailing 
gear),'' we still assess whether gear could have remained on the animal 
post hoc. Fishery observers are not trained to assess the severity of 
marine mammal injuries, and we do not use their assessment of injury 
severity. This explains the differences SEASWAP noted between the 
observer's assessment on the marine mammal interaction form and the 
final injury determinations as reported in ``Human-Caused Injury and 
Mortality of NMFS-managed Alaska Marine Mammal Stocks, 2010-2014'' 
(Helker et al., 2016).
    In response to SEASWAP's and SEAFA's comments, we will reevaluate 
these entanglements and injury determinations; if we determine any 
changes to the injury determinations due to these entanglements are 
necessary, they will be reviewed consistent with NMFS policy and 
reported in the 2018 Marine Mammal Stock Assessment Reports and Human-

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caused Serious Injury and Mortality Report.
    Comment 5: SEASWAP and SEAFA disagree with NMFS' extrapolation of 
the observed temporary entanglements to the sperm whale/GOA SLL fishery 
interactions, including the pro-rating to the unobserved fleet, and 
assert that NMFS is oversimplifying sperm whale behavior near fishing 
boats. SEAFA argues that because some sperm whales have been documented 
as serial longline depredators, the actual M/SI is likely less than 
NMFS' estimate and it is inappropriate to extrapolate across the fleet. 
SEAFA comments that NMFS does not provide enough information to verify 
if the extrapolated data is reasonable and how these data were handled 
prior to and following the restructuring of the observer program to 
correct for bias in observer coverage.
    Response: Extrapolating bycatch events that are observed in 
fisheries with partial observer coverage, such as components of the GOA 
SLL fishery, is standard practice. Bycatch extrapolation relies on the 
observed bycatch in a sampled portion of a fishery to estimate the 
bycatch across that entire fishery. Depredation by sperm whales is a 
common occurrence in this fishery, and an entanglement preceded by 
depredation is treated no differently than other bycatch events since 
it reflects one of the risks posed to marine mammals by the fishery.
    The methodology for estimating bycatch is explained in NOAA Tech. 
Memo. NMFS-AFSC-260 (Breiwick 2013) and has not changed appreciably 
since that time. Specifically, the serious injuries are extrapolated 
only within a stratum defined by the NMFS statistical area, three 
categories of vessel size (>125, between 60 and 125, <60), and three 
time periods (January to April, May through August, September through 
December). The two serious injuries that were extrapolated in 2012 
occurred in vessels between 60 and 125 feet, whereas the one serious 
injury in 2013 that was extrapolated occurred on a vessel <60 feet, so 
the observer coverage within that stratum is much lower, which is what 
is actually used to extrapolate the serious injury. We do not 
extrapolate observed bycatch in one statum to strata where no bycatch 
was observed. For simplicity, we do not report the observer coverage 
within the extrapolated strata, but instead report observer coverage 
for the entire fishery across all strata. Therefore, it is not possible 
for the reader to extrapolate the observed bycatch to estimate the 
total bycatch (see Breiwick 2013).
    Comment 6: SEAFA notes that the proposed rule suggests breaking the 
Category III AK Miscellaneous finfish handline/hand troll and 
mechanical jig fishery into several fisheries by gear type and 
geography. In order to maintain consistency with the State of Alaska 
fishery permits, SEAFA recommends the new names for the groundfish 
troll fisheries be (2) AK BSAI groundfish hand troll and dinglebar 
troll and (4) AK Gulf of Alaska groundfish hand troll and dinglebar 
troll.
    Response: NMFS agrees. We will adopt and use the suggested 
clarifications to fisheries names (AK Bering Sea, Aleutian Islands 
groundfish hand troll and dinglebar troll and AK Gulf of Alaska 
groundfish hand troll and dinglebar troll) in the 2018 LOF.
    Comment 7: SEAFA comments that it is unclear whether the proposed 
updates in Table 1 for the ``estimated number of vessels/persons'' 
participating in a fishery reflects the total number of potential 
participants or the number of actual participants in a fishery. SEAFA 
recommends that NMFS consult with the State of Alaska's Commercial 
Fisheries Entry Commission for the most accurate information about the 
number of available permits versus the number of permits actively 
fished, particularly for the AK Southeast shrimp pot fishery and AK 
Southeast Alaska crab pot fisheries.
    Response: NMFS has been making efforts to report the category 
``estimated number of vessels/persons'' across Table 1 more 
consistently. As SEAFA points out, this is especially important for 
fisheries where there is a large discrepancy between the number of 
valid permits versus the number of active permits. Where possible, 
Table 1 will report the number of active permits to most accurately 
depict the relative effort of each fishery. In response to this 
comment, we have revisited the number of participants for the AK 
Southeast shrimp pot fishery and AK Southeast Alaska crab pot fishery 
and identified that the wrong permit count was used for the AK 
Southeast shrimp pot fishery. To correct this, in the final LOF NMFS 
changed the estimated number of vessels/persons for this fishery to the 
number of active permits (99).
    Comment 8: TIRN and CBD comment that before listing the AK Gulf of 
Alaska sablefish pot fishery as a Category III fishery, NMFS should 
analyze the data of all Alaska and West Coast sablefish pot fisheries 
and humpback interactions and compare it to an updated humpback whale 
stock assessment. They recommend that, as a precautionary measure, the 
fishery should be listed as Category II. TIRN and CBD assert that, in 
the absence of statistically-reliable data regarding humpback whale 
serious injuries and mortalities for Alaska pot fisheries, NMFS must 
list these fisheries as Category II until: (a) The MMPA humpback stock 
is revised to be consistent with the ESA stock listings and (b) NMFS 
uses available fishing effort and humpback abundance data to determine 
co-occurrence.
    Response: NMFS considers data from several sources for the mean 
annual M/SI estimates and LOF process, including observer data, self-
reports, and stranding data. We acknowledge that reliable data are not 
always available and that analogous fisheries can provide more insight 
into the potential for incidental M/SI. However, these situations 
require a clear justification for which fishery is being considered 
analogous and why. In the case of the AK Gulf of Alaska sablefish pot 
fishery, NMFS considers the newly authorized fishery to be most 
analogous with the other sablefish pot fisheries in the State, which 
are Category III. Further, the AK Gulf of Alaska sablefish pot fishery 
has observer coverage, and NMFS will continue to consider any new data 
collected by the observer program or other sources in future LOF 
analyses.
    Comment 9: TIRN and CBD recommend that humpback whales be listed as 
marine mammal species and/or stocks incidentally killed or injured in 
the AK Aleutian Islands sablefish pot fishery and the Category III AK 
Bering Sea sablefish pot fishery, based on observer records that 
humpback whales have been incidentally caught in both these fisheries.
    Response: The species and/or stocks listed as incidentally killed 
or injured in Table 1 includes the species and/or stocks in which there 
are recent reports of incidental mortality or injury by a particular 
fishery consistent with the information reported in the SARs. 
Typically, species and/or stocks are removed from Table 1 when recent 
data do not include documented mortality or injury of that species or 
stock. NMFS has a report of a humpback whale considered seriously 
injured in the AK Bering Sea sablefish pot fishery in 2002. However, 
NMFS has observed this fishery since that time and there were no 
documented injuries or mortalities. Therefore, in 2013, NMFS removed 
humpback whales from the list of species/stocks killed or injured in 
this fishery (78 FR 53336, August 29, 2013).
    Comment 10: TIRN and CBD support combining 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

[[Page 5355]]

LOF, but urge NMFS to analyze humpback whale interactions first before 
listing this combined fishery as Category III.
    Response: The LOF uses data consistent with the SARs, which is 
generally from a 5-year rolling window to evaluate a fishery's impacts 
to marine mammal stocks. For the 2018 LOF, 2010-2014 data are 
considered in the LOF tier analyses. There are no documented reports of 
incidental M/SI of humpback whales during this time in either of the 
fisheries being combined. Given all available data, including recent 
observer data for the AK Bering Sea sablefish pot fishery, NMFS 
believes that Category III is most appropriate for this location, 
target species, and gear type. Thus, we will classify the newly 
combined AK Bering Sea, Aleutian Island sablefish pot fishery as 
Category III.
    Comment 11: The Commission concurs with NMFS that the CA thresher 
shark/swordfish drift gillnet fishery should be reclassified from 
Category I to Category II based on the most recent estimate of M/SI for 
the California/Oregon/Washington stock of sperm whales in this fishery.
    Response: NMFS agrees and has reclassified the CA thresher shark/
swordfish drift gillnet (>=14 in mesh) fishery from Category I to 
Category II based on the most recent estimates of marine mammal M/SI in 
this fishery.
    Comment 12: TIRN and CBD comment that more than a year has passed 
since the listing of the Central America humpback whale distinct 
population segment (DPS), and reported entanglements are at record 
highs in the area off California that is the near-exclusive feeding 
grounds for this DPS. They assert that NMFS should consider the Central 
American humpback whale DPS as a relevant stock in its determinations 
for the 2018 List of Fisheries.
    Response: For the 2018 LOF, NMFS relied upon information on the 
current status of humpback whale stocks on the U.S. west coast as 
described in the most recent SAR available (Carretta et al., 2017a). 
The most recent SAR available does not contain an MMPA stock 
delineation for humpback whales that corresponds with the recent ESA-
listing decision that established several DPSs of humpback whales that 
may be present in U.S. west coast waters. While NMFS may consider 
updates to humpback whale stock delineations under the MMPA in light of 
the recent ESA-listing decision, we will continue to rely upon the most 
current SAR for the status of humpback whale stocks on the U.S. west 
coast relative to human-caused M/SI and the classification of fisheries 
under the MMPA LOF. Currently, there is no Central America DPS stock of 
marine mammals delineated under the MMPA. NMFS is currently evaluating 
the humpback whale stock structure under the MMPA with respect to the 
ESA listing.
    Comment 13: CBD and TIRN urge NMFS to designate the CA Dungeness 
crab pot fishery as a Category I fishery because it frequently 
entangles, seriously injures, and kills imperiled humpback whales. CBD 
and TIRN state that the PBR calculation for the international stock of 
Central America humpbacks results in an estimated PBR of 0.8 humpback 
whales per year, and the best estimate of minimum average annual M/SI 
is 1.35 whales per year, well above the PBR estimate. They further 
maintain that the average numbers of annual M/SI is an underestimate as 
it is based on reported entanglements, and does not account for many 
entanglements that go unobserved, and does not include the 2016 
entanglement of 19 humpback whales in the CA Dungeness crab pot 
fishery. CBD and TIRN suggest that according to the historical rate of 
serious injury determinations, 84 percent of these entanglements, or 16 
whales, resulted in a serious injury or mortality and this is well 
above the PBR estimate. CBD and TIRN assert that the available 
information clearly demonstrates that NMFS should reclassify the 
fishery as Category I.
    Response: The most recent SAR for humpback whales on the U.S. west 
coast does not establish or provide a PBR for the Central America DPS 
of humpback whales because it is not a delineated MMPA stock, as 
explained in Comment 12 above. Until such time that the SAR reports a 
PBR for an MMPA stock delineation of humpback whales that may more 
closely reflect the Central America DPS as suggested by the commenter, 
calculation of hypothetical PBRs by any other sources are considered 
premature. NMFS will continue to rely upon the most recent SAR for the 
calculation of PBR for humpback whale stocks on the U.S. west coast for 
classifying fisheries under the LOF. In addition, commenters reference 
data sources from 2016 that have not yet been reviewed for M/SI in the 
SARs; NMFS will use those data for classifying fisheries once they have 
been incorporated into the SARs.
    Comment 14: CBD and TIRN state that preliminary evidence shows that 
the CA Dungeness crab pot fishery, and not the Oregon or Washington 
Dungeness crab pot fishery, primarily impacts the Central America 
humpback whale DPS. They recommend that without additional information, 
all interactions of the CA Dungeness crab pot fishery should be 
assigned to the Central America DPS.
    Response: As described in Comment 12 above, the most current SAR 
does not delineate a Central America DPS of humpback whales as a stock 
under the MMPA. Until such time that the humpback whale stock structure 
under the MMPA with respect to the ESA listing has been completed, 
assignment of M/SI to humpback stocks in the SAR and under the LOF will 
continue to reflect the current MMPA stock delineations.
    Comment 15: CBD and TIRN recommend that NMFS add blue whales, ENP, 
Offshore killer whales, and the western North Pacific gray whale to the 
list of species incidentally killed or injured in the CA Dungeness crab 
pot fisheries.
    Response: Entanglement data from the U.S. west coast that has been 
reviewed for M/SI include recent data through 2015 (Carretta et al., 
2017b). We note that through 2015, no blue whale injuries have been 
documented in the CA Dungeness crab pot fishery. Information on 
entanglements reported in 2016 and 2017 referenced by commenters will 
be used to inform the list of marine mammal stocks incidentally killed 
or injured in any U.S. west coast fisheries once it has been 
incorporated into the SARs, at which time NMFS will use those data for 
the LOF.
    We thank the commenter for pointing out that we omitted the 
identity of the killer whale stock associated with a dead killer whale 
reported to NMFS in 2015 that was entangled with CA Dungeness crab 
gear. NMFS is currently reviewing the available information regarding 
the identification of the stock of killer whales to which this 
individual belongs. Once this information has been evaluated and 
reported in a future SAR, NMFS will add the appropriate stock of killer 
whales to the list of marine mammal stocks incidentally killed or 
injured by the CA Dungeness crab fishery in the LOF. As stated 
previously, entanglement information from 2016 has not yet been 
evaluated for M/SI and will not be used to inform the list of marine 
mammal stocks incidentally killed or injured in any U.S. west coast 
fisheries at this time.
    NMFS acknowledges that the most recent SAR suggests that because 
some Western North Pacific gray whales occur in U.S. waters, there is a 
possibility these whales could be killed or injured by ship strikes or 
entangled in fishing gear within U.S. waters. However, while

[[Page 5356]]

it may be possible that at least one or more Western North Pacific gray 
whales have been among the many gray whales reported entangled on the 
U.S. west coast historically, NMFS recognizes that relatively few of 
those instances are known to have involved gear from the CA Dungeness 
crab fishery. We also acknowledge that many other U.S. commercial 
fisheries on the U.S. west coast have been identified as associated 
with entanglements of gray whales historically, and it is likely other 
U.S. commercial, tribal, and foreign fisheries from countries 
surrounding gray whale migration routes that have not been identified 
have also been involved. In the absence of more specific information 
from any particular entanglement of gray whales that involved CA 
Dungeness crab gear to suggest those entanglements involved a Western 
North Pacific gray whale, NMFS does not have sufficient data to 
conclude that Western North Pacific gray whales have been entangled in 
CA Dungeness crab gear versus other fisheries throughout the range of 
gray whales; thus, we will not include Western North Pacific gray 
whales on the list of stocks incidentally killed or injured in the CA 
Dungeness crab fishery at this time. Based on the relative population 
sizes of the Western North Pacific and Eastern North Pacific stocks of 
gray whales, and what is known about migrations of the Western North 
Pacific stock to the eastern North Pacific (Moore and Weller 2013), 
NMFS has concluded the likelihood that any of the particular gray 
whales that are known to have interacted with CA Dungeness crab fishery 
were Western North Pacific stock gray whales is extremely low. NMFS 
strives to collect photographic or genetic data from entangled gray 
whales that may allow for stock and will continue to develop and 
promote this aspect as a key data need surrounding all gray whale 
strandings and entanglements.
    Comment 16: TIRN and CBD oppose NMFS' proposal to lower the CA 
thresher shark/swordfish drift gillnet fishery classification from 
Category I to Category II. They note that NMFS' decreased annual take 
estimate of sperm whales may not adequately reflect the mortality or 
serious injury that the fishery causes for sperm whales. In addition, 
TIRN/CBD comment that the MMPA Section 101(a)(5)(E) authorization to 
take humpback and sperm whales by this fishery has expired, and a 
reclassification of the fishery to Category II prior to the completion 
of the rulemaking process for a new authorization is premature. Based 
on the uncertainty stemming from low observer coverage and the past 
observation of sperm whale M/SI, and the pending MMPA authorization 
rule-making, TIRN/CBD urge NMFS to maintain the CA thresher shark/
swordfish drift gillnet fishery's classification as Category I.
    Response: The reclassification of this fishery from Category I to 
Category II is based upon published scientific information that 
includes estimates of bycatch and subsequent M/SI in this fishery that 
are considered robust given annual variance in observer coverage rates. 
These estimates are based on methodologies that represent an improved 
approach to estimate relatively rare bycatch events over time compared 
to methods referenced in previous SARs and classifications under the 
LOF. NMFS has determined these estimates are appropriate to inform the 
LOF classification of the CA thresher shark/swordfish drift gillnet 
(>=14 in mesh) fishery as Category II. Further, classifications made 
under the LOF are based on the best available science and are not 
dependent or related to the current status of other regulatory 
processes including the issuance of authorizations under section 
101(a)(5)(E) of the MMPA.
    Comment 17: TIRN and CBD support NMFS' proposal to add the CA/OR/WA 
stock of Dall's porpoise to the list of stocks incidentally killed or 
injured in the Category I California thresher shark/swordfish drift 
gillnet (>=14 in mesh) fishery based on a 2014 observed entanglement.
    Response: NMFS agrees and has added 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.
    Comment 18: TIRN and CBD recommend, based on interactions between 
2010 through 2016, that NMFS add Guadalupe fur seals to the list of 
species and/or stocks incidentally killed or injured in the California 
drift gillnet fishery, and the gillnet fisheries that operate from 
Tillamook County, OR, to Jefferson County, WA, such as the WA Willapa 
Bay drift gillnet, WA/OR lower Columbia River drift gillnet, and the WA 
Grays Harbor salmon drift gillnet fishery.
    Response: NMFS has reviewed the available information on Guadalupe 
fur seal interactions and M/SI associated with gillnet entanglements 
from 2010-2014. Based on information that is available (Carretta et 
al., 2017a and Carretta et al., 2017b), we are not able to determine 
the fishery origin of Guadalupe fur seal strandings that have been 
associated with gillnet entanglements. Guadalupe fur seals have a wide 
range that brings them into potential contact with numerous gillnet 
fisheries that include U.S. commercial fisheries as well as tribal and 
foreign fisheries from neighboring countries. While we continually aim 
to improve our ability to evaluate incoming information and identify 
the origins of fishing gear present on all stranded marine mammals, we 
will not attribute any Guadalupe fur seal M/SI to any U.S. gillnet 
fisheries or list Guadalupe fur seals as a marine mammal stock that is 
killed or injured by any U.S. gillnet fisheries at this time absent 
more specific information regarding the origins of gillnet 
interactions.
    Comment 19: TIRN and CBD recommend NMFS add Guadalupe fur seals to 
the list of species and/or stocks incidentally killed or injured in the 
Hawaii deep-set and Hawaii shallow-set longline fisheries based on 2015 
and 2016 reported interactions.
    Response: The recently observed Guadalupe fur seal interaction from 
2015 has not yet been included in a SAR, an injury determination has 
not been finalized for this interaction, and the interaction has not 
yet been evaluated as part of the tier analysis for these fisheries. 
This species will be included in a future LOF, as appropriate.
    Comment 20: HLA opposes including the Hawaii stock of Kogia species 
(Hawaii) on the list of species injured or killed in the Hawaii-based 
deep-set longline fishery. HLA requests that NMFS remove Kogia species 
from the list of stocks that are interacting with the deep-set longline 
fishery, because the most recent SAR (2013) for Hawaii pygmy whales and 
dwarf sperm whales identifies no observed interactions between either 
of these stocks and this fishery. However, two other commenters, TIRN 
and CBD, support NMFS' proposal to add the Hawaii stock of Kogia spp. 
to the list of stocks incidentally killed or injured in the Category I 
HI deep-set longline fishery based upon the serious injury of a pygmy 
or dwarf sperm whale in 2014 in this fishery.
    Response: Although the 2013 SAR does not include observed 
interactions with Hawaii pygmy whales and dwarf sperm whales, a Kogia 
spp. interaction was observed in the Hawaii deep-set longline fishery 
on February 25, 2014, resulting in a serious injury (Carretta et al., 
2017b). This injury determination has been finalized, and the 
interaction is included in the draft 2017 SAR (82 FR 60181; December 
19, 2017).
    Comment 21: The HLA restates a previous comment that the Hawaii-

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based deep-set longline fishery does not interact with the MHI insular 
or Northwestern Hawaiian Islands (NWHI) stocks of false killer whales. 
HLA notes that (a) the False Killer Whale Take Reduction Plan closed 
the deep-set longline fishery for almost the entire range of the MHI 
insular and NWHI stocks, (b) since this change was made in 2013 there 
have been no interactions between the fishery and an animal from either 
stock, and (c) there has never been a deep-set longline fishery 
interaction in the very small area of the stocks' respective ranges 
that are not closed to longline fishing. HLA requests that NMFS remove 
these two stocks from the list of marine mammals that interact with the 
deep-set longline fishery, as the best available information 
demonstrates the fishery is not interacting with either of these 
stocks.
    Response: This comment has been addressed previously (see 78 FR 
53336, August 29, 2013, comment 11; 79 FR 14418, March 14, 2014, 
comment 4; 79 FR 77919, December 29, 2014, comment 2; and 81 FR 20550, 
April 8, 2016, comment 5). NMFS determines which species or stocks are 
included as incidentally killed or injured in a fishery by annually 
reviewing the information presented in the current SARs, among other 
relevant sources. The SARs are based on the best available scientific 
information and provide information on each stock, including range, 
abundance, PBR, and level of interaction with commercial fishing 
operations. Determinations in the LOF are based on the information 
reported in the SARs.
    The 2018 LOF is based on the 2016 SARs, which report fishery 
interactions from 2010-2014; this is the best scientific and commercial 
information available for the time period examined. As reported in the 
2016 SAR, 12 false killer whales were taken within the Hawaiian EEZ 
between 2010 and 2014, ten of those occurred within the range of the 
pelagic stock, and two occurred within an overlap zone that included 
the range of more than one false killer whale stock. Applying the 
proration methods described in detail in the 2016 SAR for takes in 
overlap zones, NMFS estimates a five-year average mortality and serious 
injury level of 0.1 MHI insular and 0.4 NWHI false killer whales per 
year incidental to the Hawaii-based deep-set longline fishery from 
2010-2014 (Carretta et al., 2017a). NMFS is retaining the stocks on the 
list of marine mammal stocks incidentally killed or injured in the 
Hawaii deep-set longline fishery.
    Comment 22: HLA opposes including the pygmy killer whale (Hawaii 
stock) on the list of species injured or killed in the Hawaii-based 
deep-set fishery. HLA requests that NMFS remove the pygmy killer whale 
from the list of stocks that are interacting with the deep-set fishery, 
because the most recent SAR (2013) identifies no observed interactions 
between the stock and the deep-set longline fishery.
    Response: The 2013 SAR reports marine mammal interactions with the 
deep-set fishery that occurred between 2007 and 2011. Although the 2013 
SAR does not include any observed interactions with pygmy killer 
whales, an interaction was observed between a pygmy killer whale and 
the Hawaii deep-set longline fishery on January 5, 2013, resulting in a 
serious injury (Carretta et al., 2017b). This injury determination has 
been finalized, and the interaction is included in the draft 2017 SAR 
(82 FR 60181; December 19, 2017).
    Comment 23: TIRN and CBD support NMFS' proposal 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 based upon the serious injury of a humpback in 2014 in 
this fishery.
    Response: NMFS agrees and has added the Central North Pacific stock 
of humpback whale to the list of stocks incidentally killed or injured 
in the Hawaii deep-set longline fishery.
    Comment 24: TIRN and CBD recommend that the California/Oregon/
Washington (CA/OR/WA) humpback whale stock be added to the list of 
species or stocks incidentally killed or injured in the Category I 
Hawaii deep-set longline fishery based upon known M/SI to the Central 
North Pacific humpback stock from interaction with this fishery in 
2014. In addition, they comment that NMFS is currently considering an 
exempted fishing permit to allow the use of both deep-set and shallow-
set longline gear within the West Coast EEZ, which would provide this 
fishery greater access to this stock and further increase the pressure 
on the stock.
    Response: The LOF relies on information reported in the SARs to 
add/remove species/stocks that are killed or injured in a particular 
fishery. The 2016 SAR reports a humpback whale from the Central North 
Pacific stock was seriously injured in 2014 in the Category I Hawaii 
deep-set longline fishery; consequently, this stock is included in the 
list of stocks incidentally killed or injured in this fishery. The SAR 
does not list any mortalities or injuries of the CA/OR/WA humpback 
whale stock in the Hawaii deep-set fishery in 2014; consequently, this 
stock is not included in the list of stocks incidentally killed or 
injured in the Category I Hawaii deep-set longline fishery.
    Comment 25: TIRN and CBD request that the CA/OR/WA humpback whale 
stock be added to the list of stocks incidentally killed or injured in 
the Category I Hawaii shallow-set longline fishery. They assert that 
the fishery's potential for interactions with this stock is justified 
by the inclusion of the Central North Pacific humpback whale stock in 
the list of species and/or stocks incidentally killed or injured. In 
addition, TIRN/CBD comment that NMFS currently is considering an 
exempted fishing permit to allow the use of both deep-set and shallow-
set longline gear within the West Coast EEZ, which would provide this 
fishery greater access to this stock and further increase the pressure 
on the stock.
    Response: NMFS uses the criteria described in the preamble to 
classify fisheries and list species or stocks that may be incidentally 
killed or injured by those fisheries. Under these criteria, NMFS lists 
species or stocks as incidentally killed or injured based on documented 
mortalities or injuries using the best scientific information available 
(i.e., SARs). Because there are no documented mortalities or injuries 
of CA/OR/WA humpbacks, NMFS is not including this stock as incidentally 
killed or injured by the Category I Hawaii shallow-set longline 
fishery. Should NMFS approve an exempted fishing permit for the deep-
set and shallow-set longline fishery operating within the U.S. West 
Coast EEZ, NMFS will continue to use all relevant information to inform 
future LOFs.
    Comment 26: HLA contends that the best available science does not 
support a determination that the Hawaii-based shallow-set longline 
fishery has ``occasional'' interactions with the pelagic false killer 
whale stock and should therefore be listed as Category III. They note 
that the 2016 SAR attributes a 0.3 M/SI rate to the shallow-set fishery 
for the Pelagic FKW Stock in the U.S. EEZ, which amounts to 1.07 
percent of the Pelagic FKW Stock's PBR level. However, the 0.3 M/SI 
rate derives entirely from an interaction that occurred in 2012 for 
which NMFS was unable to make an injury determination (i.e. ``cannot be 
determined'' or ``CBD'' determination). Further, the ``CBD'' 
interaction was prorated as 0.3 M/SI because, in the previous five 
years, there had been three EEZ interactions between the shallow-set 
fishery and the Pelagic FKW Stock, only one of which (in 2009) was 
``serious'' (a one-third

[[Page 5358]]

M/SI rate). HLA notes that if the 2012 ``CBD'' interaction is prorated 
based upon the five-year lookback period used in the 2016 SAR (2010-14) 
(the best available data), then it would be 0.0 because there were only 
two other interactions in 2010-14, both of which were determined to be 
non-serious. HLA argues that the Category II status of the shallow-set 
fishery hinges on a single interaction in 2012 for which no injury 
determination was made and that NMFS prorated based upon data that is 
no longer relevant or accurate. For these reasons, HLA recommends the 
shallow-set fishery be listed as Category III, as the fishery is more 
accurately described as having a ``remote likelihood'' of interaction 
with the stock.
    Response: NMFS uses the classification criteria described in the 
preamble to classify fisheries as Category I, Category II, or Category 
III. A fishery is classified under Category II if the annual mortality 
and serious injury of a stock in a given fishery is greater than 1 
percent and less than 50 percent of the stock's PBR level. Additional 
details regarding categorization of fisheries is provided in the 
preamble to the final rule implementing section 118 of the MMPA (60 FR 
45086; August 30, 1995). The false killer whale interaction in 2012 
that resulted in a ``CBD'' determination was prorated following the 
methods described in the 2016 SAR (Carretta et al., 2017a), which 
prorates serious versus non-serious injuries using the historic rate of 
serious injury while accounting for changes in gear following 
implementation of the False Killer Whale Take Reduction Plan in 2013. 
This proration resulted in a 0.3 M/SI for the Pelagic FKW stock as 
reported in the 2016 SAR, which is 1.07 percent of PBR and within the 
range of 1-50 percent of PBR, requiring NMFS to classify the fishery as 
a Category II fishery consistent with section 118 of the MMPA.
    Comment 27: HLA opposes including the rough-toothed dolphin (Hawaii 
stock) on the list of species injured or killed in the Hawaii-based 
shallow-set fishery. HLA requests that NMFS remove the rough-toothed 
dolphin from the list of stocks that are interacting with the shallow-
set fishery, because the most recent SAR (2013) identifies no observed 
interactions between the stock and the shallow-set longline fishery.
    Response: The 2013 SAR reports marine mammal interactions with the 
shallow-set fishery that occurred between 2007 and 2011. Although the 
2013 SAR does not include observed interactions with rough-toothed 
dolphins, an interaction was observed between a rough-toothed dolphin 
and the Hawaii shallow-set longline fishery on April 24, 2013, 
resulting in a mortality (Carretta et al., 2017b). This interaction has 
been finalized and is included in the draft 2017 SAR (82 FR 60181, 
December 19, 2017).
    Comment 28: HLA restates a previous comment that the LOF should 
distinguish between high seas stocks and U.S. EEZ stocks when listing 
stocks with which fisheries interact, and requests that NMFS revise the 
LOF to attribute species interactions in transboundary fisheries to 
only those geographic regions where interactions are actually observed. 
HLA recommends that if NMFS does not revise the LOF, then they should 
include a footnote in the LOF to clarify, for certain stocks and 
fisheries, that interactions have only been observed on the high seas 
or in the U.S. EEZ, as appropriate. HLA notes that NMFS readily 
separates transboundary stocks into high seas and U.S. EEZ components 
for reporting purposes in its SARs and for the purpose of comparing M/
SI rates to PBR levels (a trigger for the take reduction planning 
process), and asserts that the LOF should make similar distinctions 
when reporting the stocks with which fisheries interact.
    Response: This comment has been addressed previously (see 79 FR 
14418, March 14, 2014, comment 7; 79 FR 77919, December 29, 2014, 
comment 5; and 81 FR 20550, April 8, 2016, comment 8). As described in 
the preamble, NMFS has included high seas fisheries in Table 3 of the 
LOF since 2009. Several fisheries operate in both U.S. waters and on 
the high seas, creating some overlap between the fisheries listed in 
Tables 1 and 2 and those in Table 3. In these cases, the high seas 
component of the fishery is not considered a separate fishery but an 
extension of a fishery operating within U.S. waters. For these 
fisheries, the lists of species or stocks injured or killed in Table 3 
are identical to their Tables 1 or 2 counterparts, except for those 
species or stocks with distributions known to occur on only one side of 
the EEZ boundary. Because the fisheries and the marine mammal lists are 
the same, takes of these animals are not being attributed to one 
geographic area or the other, even when that information may be 
available. This parallel list structure is explained in the footnotes 
for each table. We are not including additional footnotes to individual 
stocks and fisheries to indicate whether interactions have only been 
observed on the high seas or in the U.S. EEZ, but that information may 
be available in previous LOFs when species and stocks are added or 
deleted.

Summary of Changes From the Proposed Rule

    NMFS renames the newly classified fisheries, ``AK BSAI groundfish 
troll'' and the ``AK Gulf of Alaska groundfish troll,'' as listed in 
the proposed LOF for 2018, to ``AK BSAI groundfish hand troll and 
dinglebar troll'' and ``AK Gulf of Alaska groundfish hand troll and 
dinglebar troll,'' respectively. This change is the result of public 
comment on the proposed rule and maintains consistency with the State 
of Alaska fishery permits.
    NMFS corrects the estimated number of vessels/persons for the AK 
Southeast shrimp pot fishery (Table 1) from 210, as listed in the 
proposed LOF for 2018, to 99 in the final LOF based on a reanalysis of 
permit data.
    NMFS corrects the estimated number of vessels/persons for the Gulf 
of Maine, U.S. Mid-Atlantic tuna, shark, swordfish hook-and-line/
harpoon in the Atlantic Ocean, Gulf of Mexico, and Caribbean (Table 2) 
from 3,084, as listed in the proposed LOF for 2018, to 2,846 in the 
final LOF based on a review of permit data. Permits for this fishery 
are based on target species rather than gear type, so these numbers 
indicate the total number of fishers that have the potential to use the 
specified gear type.

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 and removes 12 fisheries from 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).

[[Page 5359]]

Commercial Fisheries in the Pacific Ocean

Classification of Fisheries

    NMFS reclassifies the CA thresher shark/swordfish drift gillnet 
(>=14 inch (in) mesh) fishery from Category I to Category II.
    NMFS reclassifies the Category III AK Gulf of Alaska sablefish 
longline fishery to Category II based on M/SI of North Pacific sperm 
whales.

Addition of Fisheries

    NMFS adds the AK BSAI halibut longline fishery as a Category III 
fishery.
    NMFS adds the AK Gulf of Alaska sablefish pot fishery as a Category 
III fishery.

Removal of Fisheries

    NMFS removes the following Category III fisheries from the LOF:

 AK miscellaneous finfish set gillnet fishery
 AK miscellaneous finfish beach seine fishery
 AK miscellaneous finfish purse seine fishery
 AK octopus/squid purse seine fishery
 AK BSAI rockfish longline fishery
 AK Gulf of Alaska rockfish longline fishery
 AK halibut longline/set line (state and Federal waters)
 AK miscellaneous finfish otter/beam trawl fishery
 AK statewide miscellaneous finfish pot fishery
 AK snail pot fishery
 AK octopus/squid handline fishery
 AK abalone fishery

Fishery Name and Organizational Changes and Clarification

    NMFS clarifies that the Category II AK BSAI rockfish trawl fishery 
includes sablefish as a target species.
    NMFS adds 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.
    NMFS renames 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.
    NMFS clarifies that the Category III AK Gulf of Alaska rockfish 
trawl fishery includes sablefish as a target species.
    NMFS renames the Category III AK food/bait herring trawl fishery to 
AK Kodiak food/bait herring otter trawl fishery.
    NMFS renames the Category III AK shrimp otter trawl and beam trawl 
(statewide and Cook Inlet) fishery to AK shrimp otter trawl and beam 
trawl fishery.
    NMFS renames 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.
    NMFS combines 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 combined fishery is named the AK BSAI sablefish pot fishery.
    NMFS separates 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. The new Category III fishery names are: (1) AK BSAI 
groundfish jig, (2) AK BSAI groundfish hand troll and dinglebar troll, 
(3) AK Gulf of Alaska groundfish jig, (4) AK Gulf of Alaska groundfish 
hand troll and dinglebar troll.
    NMFS renames the Category III AK North Pacific halibut handline/
hand troll and mechanical jig fishery to AK halibut jig fishery for 
clarity and consistency.
    NMFS renames the Category III AK urchin and other fish/shellfish 
fishery to AK miscellaneous invertebrates hand pick fishery for clarity 
and consistency.
    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 updates the estimated number of vessels/persons in the Pacific 
Ocean (Table 1) as follows:

----------------------------------------------------------------------------------------------------------------
                                                                          Number of  vessels/ Number of vessels/
               Category                             Fishery               persons (2017 LOF)  persons (2018 LOF)
----------------------------------------------------------------------------------------------------------------
I....................................  HI deep-set longline.............                 139                 143
II...................................  HI shallow-set longline..........                  20                  22
II...................................  American Samoa longline..........                  20                  18
III..................................  AK Gulf of Alaska crab pot.......                 381                 271
III..................................  AK Gulf of Alaska Pacific cod pot                 128                 116
III..................................  AK Southeast Alaska crab pot.....                  41                 375
III..................................  AK Southeast Alaska shrimp pot...                 269                  99
III..................................  AK shrimp pot, except Southeast..                 236                 141
III..................................  AK octopus/squid pot.............                  26                  15
III..................................  AK herring spawn on kelp.........                 339                 266
III..................................  AK miscellaneous invertebrates                    398                 214
                                        handpick.
III..................................  American Samoa bottomfish                          24                  17
                                        handline.
III..................................  AK commercial passenger fishing                 2,702               1,006
                                        vessel.
----------------------------------------------------------------------------------------------------------------

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

    NMFS adds the Central North Pacific stock of humpback whale to the 
list of species and/or stocks incidentally killed or injured in the 
Category I Hawaii deep-set longline fishery.
    NMFS adds the Hawaii stock of Kogia spp. (Pygmy or dwarf sperm 
whale) to the list of species and/or stocks incidentally killed or 
injured in the Category I Hawaii deep-set longline fishery.
    NMFS adds the CA/OR/WA stock of Dall's porpoise to the list of 
species and/or stocks incidentally killed or injured in the Category I 
CA thresher shark/swordfish drift gillnet (>=14 in mesh) fishery.

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

Number of Vessels/Persons

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

[[Page 5360]]



----------------------------------------------------------------------------------------------------------------
                                                                          Number of  vessels/ Number of vessels/
               Category                             Fishery               persons (2017 LOF)  persons (2018 LOF)
----------------------------------------------------------------------------------------------------------------
I....................................  Atlantic Ocean, Caribbean, Gulf                   420                 280
                                        of Mexico large pelagics
                                        longline.
II...................................  Southeastern U.S. Atlantic shark                   30                  23
                                        gillnet.
III..................................  Gulf of Maine, U.S. Mid-Atlantic                  428               2,846
                                        tuna, shark, swordfish hook-and-
                                        line/harpoon.
III..................................  Southeastern U.S. Atlantic, Gulf                 <125                  39
                                        of Mexico shark bottom longline/
                                        hook-and-line.
III..................................  Southeastern U.S. Atlantic, Gulf                1,446                 680
                                        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 adds the Northern Gulf of Mexico stock of rough-toothed 
dolphin to the list of species and/or stocks incidentally killed or 
injured in the Category I Atlantic Ocean, Caribbean, Gulf of Mexico 
large pelagics longline fishery.
    NMFS removes the WNA stock of white-sided dolphin from the species 
and/or stocks listed as incidentally killed or injured in the Category 
II Mid-Atlantic mid-water trawl fishery.
    NMFS adds the WNA stock of white-sided dolphin to the list of 
species and/or stocks incidentally killed or injured in the Category II 
Mid-Atlantic bottom trawl fishery.
    NMFS adds the WNA offshore stock of bottlenose dolphin to the list 
of species and/or stocks incidentally killed or injured in the Category 
III Gulf of Maine, U.S., Mid-Atlantic tuna, shark, swordfish hook-and-
line/harpoon fishery.
    NMFS adds three stocks to the list of species and/or 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.
    NMFS corrects three administrative errors in Table 2. Under species 
and/or stocks listed as incidentally killed or injured in the Atlantic 
Ocean, Caribbean, Gulf of Mexico large pelagic longline fishery, NMFS 
updates the 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''. Lastly, NMFS removes 
the WNA stocks of Risso's dolphin and white-sided dolphin from the 
species and/or stocks listed as incidentally injured or killed in the 
Category I Mid-Atlantic gillnet fishery.

Commercial Fisheries on the High Seas

Removal of Fisheries

    NMFS removes 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 designates the list of species and/or stocks incidentally 
killed or injured in a fishery from ``undetermined'' to ``no 
information'' for clarity that no data are available on mortalities or 
injuries incidental to a particular fishery.

Number of Vessels/Persons

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

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

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

    NMFS adds the Hawaii stock of Kogia spp. (Pygmy or dwarf sperm 
whale) to the list of species and/or stocks incidentally killed or 
injured in the Category I Western Pacific Pelagic (HI deep-set 
component) longline fishery.
    NMFS adds the Central North Pacific stock of humpback whale to the 
list of

[[Page 5361]]

species and/or stocks incidentally killed or injured in the Category I 
Western Pacific Pelagic (HI deep-set component) longline fishery.

List of Fisheries

    The following tables set forth the list of U.S. commercial 
fisheries according to their classification under section 118 of the 
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean 
(including Alaska), Table 2 lists commercial fisheries in the Atlantic 
Ocean, Gulf of Mexico, and Caribbean, Table 3 lists commercial 
fisheries on the high seas, and Table 4 lists fisheries affected by 
TRPs or TRTs.
    In Tables 1 and 2, the estimated number of vessels or persons 
participating in fisheries operating within U.S. waters is expressed in 
terms of the number of active participants in the fishery, when 
possible. If this information is not available, the estimated number of 
vessels or persons licensed for a particular fishery is provided. If no 
recent information is available on the number of participants, vessels, 
or persons licensed in a fishery, then the number from the most recent 
LOF is used for the estimated number of vessels or persons in the 
fishery. NMFS acknowledges that, in some cases, these 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.

[[Page 5362]]



  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.
------------------------------------------------------------------------
                               CATEGORY II
------------------------------------------------------------------------
GILLNET FISHERIES:
    CA thresher shark/         18.................  Bottlenose dolphin,
     swordfish drift gillnet                         CA/OR/WA offshore,
     (>=14 in mesh) *.                               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   50.................  California sea lion,
     and other species set                           U.S., Harbor seal,
     gillnet (>3.5 in mesh).                         CA, Humpback whale,
                                                     CA/OR/WA \1\, Long-
                                                     beaked common
                                                     dolphin, CA,
                                                     Northern elephant
                                                     seal, CA breeding,
                                                     Sea otter, CA,
                                                     Short-beaked common
                                                     dolphin, CA/OR/WA.
    CA yellowtail, barracuda,  30.................  California sea lion,
     and white seabass drift                         U.S., Long-beaked
     gillnet (mesh size >=3.5                        common dolphin, CA,
     in and <14 in) \2\.                             Short-beaked common
                                                     dolphin, CA/OR/WA.
    AK Bristol Bay salmon      1,862..............  Beluga whale,
     drift 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 Bristol Bay 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       188................  Harbor porpoise, GOA
     gillnet.                                        \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       569................  Beluga whale, Cook
     drift gillnet.                                  Inlet, Dall's
                                                     porpoise, AK,
                                                     Harbor porpoise,
                                                     GOA \1\, Harbor
                                                     seal, GOA, Steller
                                                     sea lion, Western
                                                     U.S.
    AK Peninsula/Aleutian      162................  Dall's porpoise, AK,
     Islands salmon drift                            Harbor porpoise,
     gillnet \2\.                                    GOA, Harbor seal,
                                                     GOA, Northern fur
                                                     seal, Eastern
                                                     Pacific.
    AK Peninsula/Aleutian      113................  Harbor porpoise,
     Islands salmon set                              Bering Sea,
     gillnet \2\.                                    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.                                        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      168................  Gray whale, Eastern
     gillnet \2\.                                    North Pacific,
                                                     Harbor Porpoise,
                                                     Southeastern AK,
                                                     Harbor seal,
                                                     Southeast AK,
                                                     Humpback whale,
                                                     Central North
                                                     Pacific (Southeast
                                                     AK).
    WA Puget Sound Region      210................  Dall's porpoise, CA/
     salmon drift gillnet                            OR/WA, Harbor
     (includes all inland                            porpoise, inland WA
     waters south of US-                             \1\, Harbor seal,
     Canada border and                               WA inland.
     eastward of the Bonilla-
     Tatoosh line-Treaty
     Indian fishing is
     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.

[[Page 5363]]

 
    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  228................  Gray whale, Eastern
     pot.                                            North Pacific,
                                                     Humpback whale, CA/
                                                     OR/WA \1\.
LONGLINE/SET LINE FISHERIES:
    AK Bering Sea, Aleutian    45.................  Dall's Porpoise, AK,
     Islands Pacific cod                             Killer whale, GOA,
     longline.                                       BSAI transient \1\.
                                                     Northern fur seal,
                                                     Eastern Pacific,
                                                     Ringed seal, AK.
    AK Gulf of Alaska          295................  Sperm whale, North
     sablefish longline.                             Pacific.
    HI shallow-set longline *  22.................  Blainville's beaked
                                                     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    18.................  Bottlenose dolphin,
     \2\.                                            unknown, Cuvier's
                                                     beaked whale,
                                                     unknown, False
                                                     killer whale,
                                                     American Samoa,
                                                     Rough-toothed
                                                     dolphin, American
                                                     Samoa, Short-finned
                                                     pilot whale,
                                                     unknown.
    HI shortline \2\.........  9..................  None documented.
------------------------------------------------------------------------
                              CATEGORY III
------------------------------------------------------------------------
GILLNET FISHERIES:
    AK Kuskokwim, Yukon,       1,778..............  Harbor porpoise,
     Norton Sound, Kotzebue                          Bering Sea.
     salmon 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/   920................  None documented.
     bait 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     24.................  Harbor seal, OR/WA
     drift gillnet (excluding                        coast.
     treaty Tribal fishing).
    WA/OR Mainstem Columbia    15.................  None documented.
     River eulachon gillnet.
    WA/OR lower Columbia       110................  California sea lion,
     River (includes                                 U.S., Harbor seal,
     tributaries) drift                              OR/WA coast.
     gillnet.
    WA Willapa Bay drift       82.................  Harbor seal, OR/WA
     gillnet.                                        coast, Northern
                                                     elephant seal, CA
                                                     breeding.
MISCELLANEOUS NET FISHERIES:
    AK Cook Inlet salmon       83.................  Humpback whale,
     purse seine.                                    Central North
                                                     Pacific.
    AK Kodiak salmon purse     376................  Humpback whale,
     seine.                                          Central North
                                                     Pacific.
    AK Southeast salmon purse  315................  None documented in
     seine.                                          the most recent
                                                     five years of data.
    AK Metlakatla salmon       10.................  None documented.
     purse seine.
    AK roe herring and food/   10.................  None documented.
     bait herring beach seine.
    AK roe herring and food/   356................  None documented.
     bait herring purse seine.
    AK salmon beach seine....  31.................  None documented.
    AK salmon purse seine      936................  Harbor seal, GOA,
     (Prince William Sound,                          Harbor seal, Prince
     Chignik, Alaska                                 William Sound.
     Peninsula).
    WA/OR sardine purse seine  42.................  None documented.
    CA anchovy, mackerel,      65.................  California sea lion,
     sardine purse seine.                            U.S., Harbor seal,
                                                     CA.
    CA squid purse seine.....  80.................  Long-beaked common
                                                     dolphin, CA Short-
                                                     beaked common
                                                     dolphin, CA/OR/WA.
    CA tuna purse seine *....  10.................  None documented.
    WA/OR Lower Columbia       10.................  None documented.
     River salmon seine.
    WA/OR herring, smelt,      130................  None documented.
     squid purse seine or
     lampara.
    WA salmon purse seine....  75.................  None documented.
    WA salmon reef net.......  11.................  None documented.

[[Page 5364]]

 
    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      >1.................  None documented.
     rearing pen.
    CA white seabass           13.................  California sea lion,
     enhancement 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            23.................  None documented.
     aquaculture.
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 hand
     troll and dinglebar
     troll.
    AK Gulf of Alaska          unknown............  None documented.
     groundfish hand troll
     and dinglebar 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.
    Commonwealth of the        40.................  None documented.
     Northern Mariana Islands
     tuna troll.
    Guam tuna troll..........  432................  None documented.
LONGLINE/SET LINE FISHERIES:
    AK Bering Sea, Aleutian    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  92.................  Steller sea lion,
     cod 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                         CA/OR/WA offshore.
     line.
    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                           Steller sea lion,
     trawl.                                          Western U.S.
    AK Bering Sea, Aleutian    72.................  Ringed seal, AK,
     Islands Pacific cod                             Steller sea lion,
     trawl.                                          Western U.S.
    AK Gulf of Alaska          36.................  Northern elephant
     flatfish trawl.                                 seal, North
                                                     Pacific.
    AK Gulf of Alaska Pacific  55.................  Steller sea lion,
     cod 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          43.................  None documented.
     rockfish trawl.
    AK Kodiak food/bait        4..................  None documented.
     herring otter trawl.
    AK shrimp otter trawl and  38.................  None documented.
     beam trawl.
    AK state-managed waters    2..................  None documented.
     of 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     271................  None documented.
     pot.
    AK Gulf of Alaska Pacific  116................  Harbor seal, GOA.
     cod pot.
    AK Gulf of Alaska          248................  None documented.
     sablefish pot.

[[Page 5365]]

 
    AK Southeast Alaska crab   375................  Humpback whale,
     pot.                                            Central North
                                                     Pacific (Southeast
                                                     AK).
    AK Southeast Alaska        99.................  Humpback whale,
     shrimp 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    36.................  Gray whale, Eastern
     pot.                                            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   249................  None documented.
     crab 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.
HOOK-AND-LINE, HANDLINE, AND
 JIG FISHERIES:
    AK Bering Sea, Aleutian    2..................  None documented.
     Islands groundfish jig.
    AK Gulf of Alaska          214................  Fin whale, Northeast
     groundfish jig.                                 Pacific.
    AK halibut jig...........  71.................  None documented.
    American Samoa bottomfish  17.................  None documented.
    Commonwealth of the        28.................  None documented.
     Northern Mariana Islands
     bottomfish.
    Guam bottomfish..........  >300...............  None documented.
    HI aku boat, pole, and     <3.................  None documented.
     line.
    HI bottomfish handline...  578................  None documented in
                                                     recent years.
    HI inshore handline......  357................  None documented.
    HI pelagic handline......  534................  None documented.
    WA groundfish, bottomfish  679................  None documented.
     jig.
    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/  2..................  None documented.
     food/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    201................  None documented.
     hand, 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.

[[Page 5366]]

 
[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, 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/                          of Maine, Minke
     pot.                                            whale, Canadian
                                                     east coast, North
                                                     Atlantic right
                                                     whale, WNA \1\.
LONGLINE FISHERIES:
    Atlantic Ocean,            280................  Atlantic spotted
     Caribbean, Gulf of                              dolphin, Northern
     Mexico large pelagics                           GMX, Bottlenose
     longline *.                                     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     248................  Bottlenose dolphin,
     \2\.                                            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    1,036..............  None documented.
     \2\.
    Southeast Atlantic         273................  Bottlenose dolphin,
     gillnet \2\.                                    Central FL coastal,
                                                     Bottlenose dolphin,
                                                     Northern FL
                                                     coastal, Bottlenose
                                                     dolphin, SC/GA
                                                     coastal, Bottlenose
                                                     dolphin, Southern
                                                     migratory coastal.
    Southeastern U.S.          23.................  Bottlenose dolphin,
     Atlantic 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     382................  Gray seal, WNA,
     trawl (including pair                           Harbor seal, WNA.
     trawl).
    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.

[[Page 5367]]

 
    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.          4,950..............  Atlantic spotted
     Atlantic, Gulf of Mexico                        dolphin, GMX
     shrimp trawl.                                   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.          1,384..............  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                        Biscayne Bay
     stone crab trap/pot \2\.                        estuarine,
                                                     Bottlenose dolphin,
                                                     Central FL coastal,
                                                     Bottlenose dolphin,
                                                     Eastern GMX
                                                     coastal, Bottlenose
                                                     dolphin, FL Bay,
                                                     Bottlenose dolphin,
                                                     GMX bay, sound,
                                                     estuarine (FL west
                                                     coast portion),
                                                     Bottlenose dolphin,
                                                     Indian River Lagoon
                                                     estuarine system,
                                                     Bottlenose dolphin,
                                                     Jacksonville
                                                     estuarine system,
                                                     Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal.
    Atlantic mixed species     3,436..............  Fin whale, WNA,
     trap/pot \2\.                                   Humpback whale,
                                                     Gulf of Maine.
    Atlantic blue crab trap/   7,714..............  Bottlenose dolphin,
     pot.                                            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    40-42..............  Bottlenose dolphin,
     purse 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      19.................  Bottlenose dolphin,
     purse seine \2\.                                Northern Migratory
                                                     coastal, Bottlenose
                                                     dolphin, Southern
                                                     Migratory coastal.
HAUL/BEACH SEINE FISHERIES:
    Mid-Atlantic haul/beach    359................  Bottlenose dolphin,
     seine.                                          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        unknown............  None documented in
     Monomoy Island), and NY                         the most recent
     Bight (Raritan and Lower                        five years of data.
     NY Bays) inshore gillnet.
    Southeast Atlantic         unknown............  Bottlenose dolphin,
     inshore gillnet.                                Northern SC
                                                     estuarine system.
TRAWL FISHERIES:
    Atlantic shellfish bottom  >58................  None documented.
     trawl.

[[Page 5368]]

 
    Gulf of Mexico butterfish  2..................  Bottlenose dolphin,
     trawl.                                          Northern GMX
                                                     oceanic, Bottlenose
                                                     dolphin, Northern
                                                     GMX continental
                                                     shelf.
    Gulf of Mexico mixed       20.................  None documented.
     species trawl.
    GA cannonball jellyfish    1..................  Bottlenose dolphin,
     trawl.                                          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     >2.................  None documented.
     purse seine.
    FL West Coast sardine      10.................  Bottlenose dolphin,
     purse seine.                                    Eastern GMX
                                                     coastal.
    U.S. Atlantic tuna purse   5..................  Long-finned pilot
     seine *.                                        whale, WNA, Short-
                                                     finned pilot whale,
                                                     WNA.
LONGLINE/HOOK-AND-LINE
 FISHERIES:
    Northeast/Mid-Atlantic     >1,207.............  None documented.
     bottom longline/hook-and-
     line.
    Gulf of Maine, U.S. Mid-   2,846..............  Bottlenose dolphin,
     Atlantic tuna, shark,                           WNA offshore,
     swordfish hook-and-line/                        Humpback whale,
     harpoon..                                       Gulf of Maine.
    Southeastern U.S.          >5,000.............  Bottlenose dolphin,
     Atlantic, Gulf of                               GMX continental
     Mexico, and Caribbean                           shelf.
     snapper-grouper and
     other reef fish bottom
     longline/hook-and-line.
    Southeastern U.S.          39.................  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                        Eastern GMX
     shark bottom longline/                          coastal, Bottlenose
     hook-and-line.                                  dolphin, Northern
                                                     GMX continental
                                                     shelf.
    Southeastern U.S.          680................  None documented.
     Atlantic, Gulf of
     Mexico, and Caribbean
     pelagic hook-and-line/
     harpoon.
    U.S. Atlantic, Gulf of     unknown............  None documented.
     Mexico trotline.
TRAP/POT FISHERIES:
    Caribbean mixed species    >501...............  None documented.
     trap/pot.
    Caribbean spiny lobster    >197...............  None documented.
     trap/pot.
    FL spiny lobster trap/pot  1,268..............  Bottlenose dolphin,
                                                     Biscayne Bay
                                                     estuarine
                                                     Bottlenose dolphin,
                                                     Central FL coastal,
                                                     Bottlenose dolphin,
                                                     Eastern GMX
                                                     coastal, Bottlenose
                                                     dolphin, FL Bay
                                                     estuarine,
                                                     Bottlenose dolphin,
                                                     FL Keys.
    Gulf of Mexico blue crab   4,113..............  Bottlenose dolphin,
     trap/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       unknown............  None documented.
     species trap/pot.
    Southeastern U.S.          10.................  None documented.
     Atlantic, Gulf of Mexico
     golden crab trap/pot.
    U.S. Mid-Atlantic eel      unknown............  None documented.
     trap/pot.
STOP SEINE/WEIR/POUND NET/
 FLOATING TRAP/FYKE NET
 FISHERIES:
    Gulf of Maine herring and  >1.................  Harbor porpoise, GME/
     Atlantic mackerel stop                          BF, Harbor seal,
     seine/weir.                                     WNA, Minke whale,
                                                     Canadian east
                                                     coast, Atlantic
                                                     white-sided
                                                     dolphin, WNA.
    U.S. Mid-Atlantic crab     2,600..............  None documented.
     stop seine/weir.
    U.S. Mid-Atlantic mixed    unknown............  Bottlenose dolphin,
     species stop seine/weir/                        Northern NC
     pound net (except the NC                        estuarine system.
     roe mullet stop net).
    RI floating trap.........  9..................  None documented.
    Northeast and Mid-         unknown............  None documented.
     Atlantic fyke net.
DREDGE FISHERIES:
    Gulf of Maine sea urchin   unknown............  None documented.
     dredge.
    Gulf of Maine mussel       unknown............  None documented.
     dredge.
    Gulf of Maine, U.S. Mid-   >403...............  None documented.
     Atlantic sea scallop
     dredge.
    Mid-Atlantic blue crab     unknown............  None documented.
     dredge.
    Mid-Atlantic soft-shell    unknown............  None documented.
     clam 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-       unknown............  None documented.
     Atlantic offshore surf
     clam/quahog dredge.
HAUL/BEACH SEINE FISHERIES:
    Caribbean haul/beach       15.................  None documented in
     seine.                                          the most recent
                                                     five years of data.
    Gulf of Mexico haul/beach  unknown............  None documented.
     seine.
    Southeastern U.S.          25.................  None documented.
     Atlantic 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       unknown............  None documented.
     dive, hand/mechanical
     collection.

[[Page 5369]]

 
    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                               Barataria Bay
     commercial passenger                            estuarine system,
     fishing vessel.                                 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.


    Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
                                                  Marine mammal species
                                    Number of         and/or stocks
      Fishery description         HSFCA permits   incidentally killed or
                                                         injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
LONGLINE FISHERIES:
    Atlantic Highly Migratory                79  Atlantic spotted
     Species *.                                   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             143  Bottlenose dolphin, HI
     Deep-set component) *                        Pelagic, False killer
     [caret].                                     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                  4  Long-beaked common
     Species * [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                 2  No information.
     Species * *.
    CCAMLR.....................               0  Antarctic fur seal.
PURSE SEINE FISHERIES:
    South Pacific Tuna                       35  No information.
     Fisheries.
    Western Pacific Pelagic....               1  No information.
LONGLINE FISHERIES:
    CCAMLR.....................               0  None documented.

[[Page 5370]]

 
    South Pacific Albacore                    9  No information.
     Troll.
    South Pacific Tuna                        4  No information.
     Fisheries * *.
    Western Pacific Pelagic (HI              22  Blainville's beaked
     Shallow-set component) *                     whale, HI, Bottlenose
     [caret].                                     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                 2  No information.
     Species.
    Pacific Highly Migratory                 42  No information.
     Species.
    South Pacific Albacore                   11  No information.
     Troll.
    Western Pacific Pelagic....               5  No information.
TROLL FISHERIES:
    Atlantic Highly Migratory                 1  No information.
     Species.
    South Pacific Albacore                   22  No information.
     Troll.
    South Pacific Tuna                        4  No information.
     Fisheries * *.
    Western Pacific Pelagic....               6  No information.
------------------------------------------------------------------------
                              CATEGORY III
------------------------------------------------------------------------
LONGLINE FISHERIES:
    Northwest Atlantic Bottom                 1  None documented.
     Longline.
    Pacific Highly Migratory                105  None documented in the
     Species.                                     most recent 5 years of
                                                  data.
PURSE SEINE FISHERIES:
    Pacific Highly Migratory                  7  None documented.
     Species * [caret].
TRAWL FISHERIES:
    Northwest Atlantic.........               2  None documented.
TROLL FISHERIES:
    Pacific Highly Migratory                149  None documented.
     Species *.
------------------------------------------------------------------------
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. [caret]
Bottlenose Dolphin Take Reduction Plan   Category I:
 (BDTRP)--50 CFR 229.35.                 Mid-Atlantic gillnet.
                                         Category II:
                                         Atlantic blue crab trap/pot,
                                          Chesapeake Bay inshore gillnet
                                          fishery, Mid-Atlantic haul/
                                          beach seine, Mid-Atlantic
                                          menhaden purse seine, NC
                                          inshore gillnet, NC long haul
                                          seine, NC roe mullet stop net,
                                          Southeast Atlantic gillnet,
                                          Southeastern U.S. Atlantic
                                          shark gillnet, Southeastern
                                          U.S. Atlantic, Gulf of Mexico
                                          shrimp trawl [caret],
                                          Southeastern, U.S. Atlantic,
                                          Gulf of Mexico stone crab trap/
                                          pot [caret], VA pound net.
False Killer Whale Take Reduction Plan   Category I:
 (FKWTRP)--50 CFR 229.37.                HI deep-set longline.
                                         Category II:
                                         HI shallow-set longline.

[[Page 5371]]

 
Harbor Porpoise Take Reduction Plan      Category I:
 (HPTRP)--50 CFR 229.33 (New England)    Mid-Atlantic gillnet, Northeast
 and 229.34 (Mid-Atlantic).               sink gillnet.
Pelagic Longline Take Reduction Plan     Category I:
 (PLTRP)--50 CFR 229.36.                 Atlantic Ocean, Caribbean, Gulf
                                          of Mexico large pelagics
                                          longline.
Pacific Offshore Cetacean Take           Category I:
 Reduction Plan (POCTRP)--50 CFR 229.31. CA thresher shark/swordfish
                                          drift gillnet (>=14 in mesh).
Atlantic Trawl Gear Take Reduction Team  Category II:
 (ATGTRT).                               Mid-Atlantic bottom trawl, Mid-
                                          Atlantic mid-water trawl
                                          (including pair trawl),
                                          Northeast bottom trawl,
                                          Northeast mid-water trawl
                                          (including pair trawl).
------------------------------------------------------------------------
* Only applicable to the portion of the fishery operating in U.S.
  waters; [caret]Only applicable to the portion of the fishery operating
  in the Atlantic Ocean.

Classification

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) at the proposed rule stage that this rule would 
not have a significant economic impact on a substantial number of small 
entities. No comments were received on that certification, and no new 
information has been discovered to change that conclusion. Accordingly, 
no regulatory flexibility analysis is required, and none has been 
prepared.
    This rule contains collection-of-information (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 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.
    In accordance with the Companion Manual for NAO 216-6A, NMFS 
determined that publishing this LOF qualifies to be categorically 
excluded from further NEPA review. Issuance of this final rule is 
consistent with categories of activities identified in Categorical 
Exclusion G7 of the Companion Manual, 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 rule 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 rule will not affect the conclusions of those 
opinions. The classification of fisheries on the LOF is not considered 
to be a management action that would adversely affect threatened or 
endangered species. If NMFS takes a management action, for example, 
through the development of a TRP, NMFS would consult under ESA section 
7 on that action.
    This rule would have no adverse impacts on marine mammals and may 
have a positive impact on marine mammals by improving knowledge of 
marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This rule would not affect the land or water uses or natural 
resources of the coastal zone, as specified under section 307 of the 
Coastal Zone Management Act.

References

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Methodology and Results, 2007-2011. NOAA Tech. Memo. NMFS-AFSC-260. 
40 p.
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    Dated: February 2, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-02442 Filed 2-6-18; 8:45 am]
BILLING CODE 3510-22-P