[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Proposed Rules]
[Pages 53422-53440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23124]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 180522499-8499-01]
RIN 0648-BH96


List of Fisheries for 2019

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

ACTION: Proposed rule, request for comment.

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

SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
proposed List of Fisheries (LOF) for 2019, as required by the Marine 
Mammal Protection Act (MMPA). The LOF for 2019 reflects new information 
on interactions between commercial fisheries and marine mammals. NMFS 
must classify each commercial fishery on the LOF into one of three 
categories under the MMPA based upon the level of mortality and serious 
injury of marine mammals that occurs incidental to each fishery. The 
classification of a fishery on the LOF determines whether participants 
in that fishery are subject to certain provisions of the MMPA, such as 
registration, observer coverage, and take reduction plan (TRP) 
requirements.

DATES: Comments must be received by November 23, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0066, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal:
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0066;
    2. Click the ``Comment Now!'' icon, complete the required fields;
    3. Enter or attach your comments.
    Mail: Submit written comments to Chief, Marine Mammal and Sea 
Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter N/A in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, 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

[[Page 53423]]

be placed in Category III (unless those fisheries interact with other 
stock(s) for which total annual mortality and serious injury is greater 
than 10 percent of PBR). Otherwise, these fisheries are subject to the 
next tier (Tier 2) of analysis to determine their classification.
    Tier 2: Tier 2 considers fishery-specific mortality and serious 
injury for a particular stock.
    Category I: Annual mortality and serious injury of a stock in a 
given fishery is greater than or equal to 50 percent of the PBR level 
(i.e., frequent incidental mortality and serious injury of marine 
mammals).
    Category II: Annual mortality and serious injury of a stock in a 
given fishery is greater than 1 percent and less than 50 percent of the 
PBR level (i.e., occasional incidental mortality and serious injury of 
marine mammals).
    Category III: Annual mortality and serious injury of a stock in a 
given fishery is less than or equal to 1 percent of the PBR level 
(i.e., a remote likelihood of or no known incidental mortality and 
serious injury of marine mammals).
    Additional details regarding how the categories were determined are 
provided in the preamble to the final rule implementing section 118 of 
the MMPA (60 FR 45086; August 30, 1995).
    Because fisheries are classified on a per-stock basis, a fishery 
may qualify as one category for one marine mammal stock and another 
category for a different marine mammal stock. A fishery is typically 
classified on the LOF at its highest level of classification (e.g., a 
fishery qualifying for Category III for one marine mammal stock and for 
Category II for another marine mammal stock will be listed under 
Category II). Stocks driving a fishery's classification are denoted 
with a superscript ``1'' in Tables 1 and 2.

Other Criteria That May Be Considered

    The tier analysis requires a minimum amount of data, and NMFS does 
not have sufficient data to perform a tier analysis on certain 
fisheries. Therefore, NMFS has classified certain fisheries by analogy 
to other Category I or II fisheries that use similar fishing techniques 
or gear that are known to cause mortality or serious injury of marine 
mammals, or according to factors discussed in the final LOF for 1996 
(60 FR 67063; December 28, 1995) and listed in the regulatory 
definition of a Category II fishery: In the absence of reliable 
information indicating the frequency of incidental mortality and 
serious injury of marine mammals by a commercial fishery, NMFS will 
determine whether the incidental mortality or serious injury is 
``frequent,'' ``occasional,'' or ``remote'' by evaluating other factors 
such as fishing techniques, gear used, methods used to deter marine 
mammals, target species, seasons and areas fished, qualitative data 
from logbooks or fishermen reports, stranding data, and the species and 
distribution of marine mammals in the area, or at the discretion of the 
Assistant Administrator for Fisheries (50 CFR 229.2).
    Further, eligible commercial fisheries not specifically identified 
on the LOF are deemed to be Category II fisheries until the next LOF is 
published (50 CFR 229.2).

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

    The LOF includes a list of marine mammal species and/or stocks 
incidentally killed or injured in each commercial fishery. The list of 
species and/or stocks incidentally killed or injured includes 
``serious'' and ``non-serious'' documented injuries as described later 
in the List of Species and/or Stocks Incidentally Killed or Injured in 
the Pacific Ocean and the Atlantic Ocean, Gulf of Mexico, and Caribbean 
sections. To determine which species or stocks are included as 
incidentally killed or injured in a fishery, NMFS annually reviews the 
information presented in the current SARs and injury determination 
reports. The SARs are based upon the best available scientific 
information and provide the most current and inclusive information on 
each stock's PBR level and level of interaction with commercial fishing 
operations. The best available scientific information used in the SARs 
and reviewed for the 2019 LOF generally summarizes data from 2011-2015. 
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.
    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: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. 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: https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables. Additional information on observer programs 
in commercial fisheries can be found on the NMFS National Observer 
Program's

[[Page 53424]]

website: https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program.

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 (TRT).

Are high seas fisheries included on the LOF?

    Beginning with the 2009 LOF, NMFS includes high seas fisheries in 
Table 3 of the LOF, along with the number of valid High Seas Fishing 
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues 
HSFCA permits only for high seas fisheries analyzed in accordance with 
the National Environmental Policy Act (NEPA) and the Endangered Species 
Act (ESA). The authorized high seas fisheries are broad in scope and 
encompass multiple specific fisheries identified by gear type. For the 
purposes of the LOF, the high seas fisheries are subdivided based on 
gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to 
provide more detail on composition of effort within these fisheries. 
Many fisheries operate in both U.S. waters and on the high seas, 
creating some overlap between the fisheries listed in Tables 1 and 2 
and those in Table 3. In these cases, the high seas component of the 
fishery is not considered a separate fishery, but an extension of a 
fishery operating within U.S. waters (listed in Table 1 or 2). NMFS 
designates those fisheries in Tables 1, 2, and 3 by a ``*'' after the 
fishery's name. The number of HSFCA permits listed in Table 3 for the 
high seas components of these fisheries operating in U.S. waters does 
not necessarily represent additional effort that is not accounted for 
in Tables 1 and 2. Many vessels/participants holding HSFCA permits also 
fish within U.S. waters and are included in the number of vessels and 
participants operating within those fisheries in Tables 1 and 2.
    HSFCA permits are valid for five years, during which time Fishery 
Management Plans (FMPs) can change. Therefore, some vessels/
participants may possess valid HSFCA permits without the ability to 
fish under the permit because it was issued for a gear type that is no 
longer authorized under the most current FMP. For this reason, the 
number of HSFCA permits displayed in Table 3 is likely higher than the 
actual U.S. fishing effort on the high seas. For more information on 
how NMFS classifies high seas fisheries on the LOF, see the preamble 
text in the final 2009 LOF (73 FR 73032; December 1, 2008). Additional 
information about HSFCA permits can be found at https://www.fisheries.noaa.gov/node/23351.

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: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries, 
linked to the ``List of Fisheries Summary'' 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 National MMAP website https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate.
    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 https://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 National MMAP website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-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

[[Page 53425]]

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, Greater Atlantic, and Southeast 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). Additional authorization certificates are 
available for printing on the National MMAP website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate.

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

    In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6, 
any vessel owner or operator, or gear owner or operator (in the case of 
non-vessel fisheries), participating in a fishery listed on the LOF 
must report to NMFS all incidental mortalities and injuries of marine 
mammals that occur during commercial fishing operations, regardless of 
the category in which the fishery is placed (I, II, or III) within 48 
hours of the end of the fishing trip or, in the case of non-vessel 
fisheries, fishing activity. ``Injury'' is defined in 50 CFR 229.2 as a 
wound or other physical harm. In addition, any animal that ingests 
fishing gear or any animal that is released with fishing gear 
entangling, trailing, or perforating any part of the body is considered 
injured, regardless of the presence of any wound or other evidence of 
injury, and must be reported.
    Mortality/injury reporting forms and instructions for submitting 
forms to NMFS can be found at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations or by contacting the appropriate regional office (see FOR 
FURTHER INFORMATION). 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 are 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 are 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 are found at 50 CFR 229.30 through 229.37. A description of 
each TRT and copies of each TRP can be found at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams. 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: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries, 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 2019 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,

[[Page 53426]]

uncertainties in the science, research needs, and other issues.
    NMFS also reviewed other sources of new information, including 
marine mammal stranding and entanglement data, observer program data, 
fishermen self-reports, reports to the SRGs, conference papers, FMPs, 
and ESA documents.
    The LOF for 2019 was based on, among other things, stranding data; 
fishermen self-reports; and SARs, primarily the 2017 SARs, which are 
based on data from 2011-2015. The SARs referenced in this LOF include: 
2015 (81 FR 38676; June 14, 2016), 2016 (82 FR 29039; June 27, 2017), 
and 2017 (83 FR 32093; July 11, 2018). The SARs are available at: 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region.

Request for Public Input on Aquaculture Gear Descriptions

    We are soliciting public comment on existing and anticipated gear 
types used for coastal and offshore aquaculture facilities (shellfish, 
finfish, and macroalgae) in both state and Federal waters to accurately 
reflect aquaculture operations on the LOF. The scope and scale of all 
aquaculture fisheries is expected to grow over the next few decades. We 
will consider evaluating all aquaculture fisheries based on gear types, 
rather than species harvested, in a future LOF publication.

Summary of Changes to the LOF for 2019

    The following summarizes changes to the LOF for 2019, 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 
also 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 2019 
are identical to those provided in the LOF for 2018 with the changes 
discussed below. State and regional abbreviations used in the following 
paragraphs include: AK (Alaska), BSAI (Bering Sea and Aleutian 
Islands), CA (California), DE (Delaware), FL (Florida), GOA (Gulf of 
Alaska), GMX (Gulf of Mexico), HI (Hawaii), MA (Massachusetts), ME 
(Maine), NC (North Carolina), NY (New York), OR (Oregon), RI (Rhode 
Island), SC (South Carolina), VA (Virginia), WA (Washington), and WNA 
(Western North Atlantic).

Commercial Fisheries in the Pacific Ocean

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to add a superscript ``1'' to the CA/OR/WA stock of 
short-finned pilot whale to indicate it is driving the Category II 
classification of the CA thresher shark/swordfish drift gillnet (>=14 
inch (in) mesh). The most current estimate of CA/OR/WA short-finned 
pilot whale mortality and serious injury in the CA thresher shark/
swordfish drift gillnet fishery (>=14 in mesh) is 1.2 per year 
(Carretta et al., 2018b), which is equal to 27 percent of this stock's 
PBR of 4.5 (Carretta et al., 2018). This level of impact warrants a 
Category II listing under a Tier 2 analysis (between 1 and 50 percent 
of PBR), which represents the current listing for this fishery.

Number of Vessels/Persons

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

Category I
     HI deep-set longline fishery from 143 to 142 vessels/
persons
Category II
     HI shallow-set longline fishery from 22 to 13 vessels/
person
     American Samoa longline fishery from 18 to 20 vessels/
persons
Category III
     American Samoa bottomfish handline from 17 to 1092 
vessels/person.

    NMFS notes that in previous years, including the LOF for 2018, the 
estimated number of vessels/persons in the American Samoa bottomfish 
handline fishery was reported as the number of boats in the fishery. 
The most recent Annual Stock Assessment and Fishery Evaluation Report 
for American Samoa (WPRFMC, 2016b) now reports participation in the 
American Samoa bottomfish handline fishery as the number of fishers in 
the fishery. This number is calculated by using the average number of 
fishers per trip multiplied by the number of trips per day, multiplied 
by the numbers of dates in the calendar year. The total is the combined 
weekend and weekday stratum estimates. Therefore, the LOF for 2019 
reports the estimated number of vessels/persons for American Samoa 
bottomfish handline fishery as the number of fishers in the fishery.

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

    NMFS proposes to add the Hawaii stock of rough-toothed dolphin to, 
and remove the Main Hawaiian Islands (MHI) Insular stock of false 
killer whale from, the list of stocks incidentally killed or injured in 
the Category I Hawaii deep-set longline fishery. A rough-toothed 
dolphin was observed dead in this fishery in 2013. No MHI insular stock 
false killer whale mortalities or injuries have been observed in the 
most recent five years of data. Annual average estimated mortality and 
serious injury for rough-toothed dolphins from the Hawaii deep-set 
longline fishery during 2011 to 2015 was 1.1 per year, which is equal 
to 0.26 percent of this stock's PBR of 423. During the same time-frame, 
mortality and serious injury was 0 for the MHI insular stock false 
killer whale (Carretta et al., 2018). Observer coverage from 2011-2015 
for this fishery was 20.3, 20.4, 20.4, 20.8, and 20.6 percent, 
respectively.
    NMFS proposes to add the Western North Pacific and Central North 
Pacific humpback whale stocks to the list of stocks incidentally killed 
or injured in the Category II AK Kodiak salmon set gillnet fishery 
based on a report of a serious injury in 2015. (Note: For serious 
injury and mortality that occurs in an area of stock overlap, all 
potential stocks are assigned.)
    NMFS proposes to add the Eastern Chukchi Sea, Eastern Bering Sea, 
and Bristol Bay stocks of beluga whale to the list of stocks 
incidentally killed or injured in the Category II AK Bering Sea, 
Aleutian Islands pollock trawl fishery based on an observed mortality 
in 2013. (Note: For mortality and serious injury that occurs in an area 
of stock overlap, all potential stocks are assigned.)
    Following consultation with the USFWS, NMFS proposes to add the 
southern sea otter to the list of species and/or stocks incidentally 
killed or injured in the Category II CA spiny lobster fishery based on 
an observed mortality in 2016 (USFWS, 2017).
    NMFS proposes to add the Eastern North Pacific stock of blue whales 
to the list of stocks incidentally killed or injured in the Category II 
CA Dungeness crab pot fishery based on two observed moralities or 
serious injuries in 2016 (Carretta et al., 2018a). In addition, NMFS 
proposes to add a superscript ``1'' to the stock to indicate it is 
driving the classification of the fishery. Although this information 
has not yet been included in the blue whale SAR, we calculate that the 
mean annual take of Eastern North Pacific blue whales in the CA 
Dungeness crab pot fishery during the most recent 5 years of available 
data (2012-2016) to be 0.4 per year, which is equal to 17 percent of 
this stock's PBR

[[Page 53427]]

of 2.3 (Carretta et al., 2018). This level of impact warrants a 
Category II listing under a Tier 2 analysis (between 1 and 50 percent 
of PBR), which represents the current listing for this fishery.
    NMFS proposes to add two stocks to the list of stocks incidentally 
killed or injured in the Category II AK Bering Sea, Aleutian Islands 
Pacific cod longline fishery, including: (1) Eastern North Pacific AK 
resident stock of killer whale, based on an observed mortality in 2012; 
and (2) AK spotted seal, based on an observed mortality in 2011.
    NMFS proposes to add the Western U.S. stock of Steller sea lion to 
the list of stocks incidentally killed or injured in the Category II AK 
Gulf of Alaska sablefish longline fishery based on an observed 
mortality in 2012.
    NMFS proposes to add the Central North Pacific stock of humpback 
whale to the list of stocks incidentally killed or injured in the 
Category III AK Prince William Sound salmon set gillnet fishery based 
on stranding reports of two injuries in 2015.
    NMFS proposes to add the Western North Pacific stock of humpback 
whale to the list of stocks incidentally killed or injured in the 
Category III AK Kodiak salmon purse seine fishery based on a self-
report of an injury in 2012.
    NMFS proposes to add the Central North Pacific stock of humpback 
whale to the list of stocks incidentally killed or injured in the 
Category III AK Southeast salmon purse seine fishery based on a self-
reported injury in 2013.
    NMFS proposes to add two stocks to the list of stocks incidentally 
killed or injured in the Category III AK Bering Sea, Aleutian Islands 
halibut longline fishery, including: (1) The Eastern Pacific stock of 
northern fur seal, based on three stranding reports of mortalities in 
2014; and (2) the North Pacific stock of sperm whale, based on an 
observed serious injury in 2015.
    NMFS proposes to add the AK stock of bearded seal to the list of 
stocks incidentally killed or injured in the Category III AK Bering 
Sea, Aleutian Islands Pacific cod trawl fishery based on an observed 
mortality in 2013.
    NMFS proposes to add two stocks to the list of stocks incidentally 
killed or injured in the Category III AK Gulf of Alaska flatfish trawl 
fishery, including: (1) The AK stock of harbor seal, based on observed 
mortalities in 2011 and 2013; and (2) the Western U.S. stock of Steller 
sea lion, based on an observed mortality in 2015.
    NMFS proposes to add the AK stock of harbor seal to the list of 
stocks incidentally killed or injured in the Category III AK Gulf of 
Alaska Pacific cod trawl fishery based on an observed mortality in 
2010.
    NMFS proposes to add the Western U.S. stock of Steller sea lion to 
the list of stocks incidentally killed or injured in the Category III 
AK Gulf of Alaska rockfish trawl fishery based on an observed mortality 
in 2015.
    NMFS proposes to add the Western Arctic stock of bowhead whale to 
the Category III AK Bering Sea, Aleutian Islands crab pot fishery for 
stranding report of a mortality in 2015.

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

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to remove the superscript ``1'' from the Northern 
migratory coastal stock of bottlenose dolphin to indicate this stock is 
no longer driving the Category I classification of the Mid-Atlantic 
gillnet fishery. The maximum mean annual estimated mortality and 
serious injury based on observer data (2011-2015) from this fishery is 
12.2 animals which is 25.42 percent of PBR (Hayes et al., 2017).
    NMFS proposes to remove the superscript ``1'' from the Gulf of 
Maine stock of harbor porpoise to indicate this stock is no longer 
driving the Category I classification of the Northeast sink gillnet 
fishery. The current annual bycatch estimate is 251 animals, which 
represents 36 percent of this stock's PBR of 706. Observer coverage 
from 2011-2015 was 19, 15, 11, 18, and 14 percent respectively.
    NMFS proposes to add a superscript ``1'' to the Western North 
Atlantic offshore stock of bottlenose dolphin to indicate it is driving 
the Category II classification of the Mid-Atlantic bottom trawl 
fishery. The mean annual estimated mortality and serious injury based 
on observer data (2010-2014) from this fishery is 19 animals, which is 
3.39 percent of PBR (Hayes et al., 2017).
    NMFS proposes to add a superscript ``1'' to the Southern migratory 
coastal stock of bottlenose dolphin to indicate it is driving the 
Category II classification of the Atlantic blue crab trap/pot fishery. 
The mean annual estimated mortality and serious injury based on 
observer data (2011-2015) from this fishery is 0.4 animals, which is 
1.74 percent of PBR (Hayes et al., 2018).
    NMFS proposes to add a superscript ``1'' to the Gulf of Mexico 
Northern Coastal stock of bottlenose dolphin to indicate it is driving 
the Category II classification of the Southeastern U.S. Atlantic, Gulf 
of Mexico shrimp trawl fishery. The mean annual estimated mortality and 
serious injury based on observer data (2007-2011) from this fishery is 
2.3 animals, which is 2.07 percent of PBR (Waring et al., 2016).

Number of Vessels/Persons

    NMFS proposes updates to the estimated number of vessels/persons in 
the Atlantic Ocean, Gulf of Mexico, and Caribbean (Table 2) as follows:
Category I
     Northeast sink gillnet fishery from 4,332 to 3,163 
vessels/persons
     Northeast/Mid-Atlantic American lobster trap/pot fishery 
from 10,163 to 8,485 vessels/persons
Category II
     Mid-Atlantic mid-water trawl (including pair trawl) 
fishery from 382 to 320 vessels/persons
     Mid-Atlantic bottom trawl fishery from 785 to 633 vessels/
persons
     Northeast mid-water trawl (including pair trawl) fishery 
from 1,087 to 542 vessels/persons
Category III
     Atlantic mixed species trap/pot fishery from 3,436 to 
3,332 vessels/persons.
    These estimates may represent inflations of actual effort and do 
not necessarily represent a change in industry effort. However, they 
represent an estimate of the potential effort for each fishery given 
the multiple gear types for which state permits may allow. These 
numbers reflect individuals holding state or Federal permits and do not 
capture if these individuals maintain multiple permits under the same 
name and address. Additionally, decreases in the number of potential 
participants may be an artifact of more efficient techniques used 
within the database to eliminate duplicate name entries.
    If we are able to extract more accurate information on the gear 
types used by state permit holders in future data requests, the numbers 
will be corrected to reflect this change. Federal permit information 
was collected through Federal Vessel Trip Reports and by querying 
Federal permit databases. State permit information was collected 
through the Marine Mammal Authorization Program annual registration 
process.

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

    NMFS proposes to remove the WNA stock of harp seal from the stocks 
listed as incidentally killed or injured in the Category I Mid-Atlantic 
gillnet fishery. The last documented take of harp seal

[[Page 53428]]

in this fishery occurred in 2010 when one animal was killed. Observer 
coverage from 2011-2015 for this fishery was 2, 2, 3, 5, and 6 percent, 
respectively. Because no additional takes have been documented since 
2010, we propose to remove the stock.
    NMFS proposes to add the Northern Gulf of Mexico stock of sperm 
whale to the list of stocks incidentally killed or injured in the 
Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 
longline fishery. An entangled sperm whale was observed in this fishery 
in 2015.
    NMFS proposes to add the Gulf of Mexico Eastern Coastal stock of 
bottlenose dolphin to the list of stocks incidentally killed or injured 
in the Category II Gulf of Mexico gillnet fishery. A dolphin was 
observed entangled in the net and released alive.
    NMFS proposes to remove the WNA stock of gray seal from the stocks 
listed as incidentally killed or injured in the Category II Mid-
Atlantic mid-water trawl fishery. The last documented take of gray seal 
in this fishery occurred in 2010 when one animal was killed. Observer 
coverage from 2011-2015 for this fishery was 41, 21, 7, 5, and 3 
percent, respectively. Since no additional injuries or mortalities have 
been documented since 2010, we propose to remove the stock.
    NMFS proposes to remove the Canadian east coast stock of minke 
whale from the stocks listed as incidentally killed or injured in the 
Category II Northeast mid-water trawl fishery. In 2013, one minke whale 
was observed dead in the mid-water otter trawl fishery on Georges Bank, 
however this animal was too decomposed to have been taken in a haul 
that was only 3 hours long. The annual average estimated minke whale 
mortality and serious injury incidental to the Northeast mid-water 
trawl (including pair trawl) fishery during 2011 to 2015 was zero. 
Observer coverage from 2011-2015 for this fishery was 41, 45, 37, 42, 
and 8 percent, respectively.
    NMFS proposes to add two stocks of bottlenose dolphins to the list 
of stocks incidentally killed or injured in the Category II 
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery, 
including: (1) Mobile Bay, Bonsecour Bay, based on a self-reported 
morality in 2016; and (2) Mississippi River Delta, based on an observed 
mortality in 2017.
    NMFS proposes to remove the WNA stock of gray seal from the stocks 
listed as incidentally killed or injured in the Category III Gulf of 
Maine Atlantic herring purse seine fishery. There were no observed 
takes in this fishery from 2011-2015. Observer coverage from 2011-2015 
for this fishery was 33, 17, 17, 8, and 8 percent, respectively.
    NMFS proposes to remove two stocks of pilot whales from the list of 
stocks incidentally killed or injured in the Category III U.S. Atlantic 
tuna purse seine fishery, including: (1) WNA stock of long-finned pilot 
whale; and (2) WNA stock of short-finned pilot whale. The last observed 
injuries or mortalities of pilot whales from this fishery was in 1996 
(Waring et al., 2015). Since 2015, there have been no active vessels 
from this fishery permitted to fish, and thus no fishing effort (2017 
Stock Assessment and Fishery Evaluation Report for Atlantic Highly 
Migratory Species).

Commercial Fisheries on the High Seas

Number of Vessels/Persons

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

Category I
     Atlantic highly migratory species longline fishery from 79 
to 67 vessels/persons
     Western Pacific pelagic longline (HI deep-set component) 
fishery from 143 to 142 vessels/persons
Category II
     Pacific highly migratory species drift gillnet fishery 
from 4 to 6 vessels/persons
     Atlantic highly migratory species trawl fishery from 2 to 
1 vessels/persons
     South Pacific tuna purse seine fishery from 35 to 38 
vessels/persons
     South Pacific albacore troll longline fishery from 9 to 11 
vessels/persons
     South Pacific tuna longline fishery from 4 to 3 vessels/
persons
     Western Pacific pelagic longline (HI shallow-set 
component) fishery from 22 to 13 vessels/persons
     Pacific highly migratory species handline/pole and line 
fishery from 42 to 48 vessels/persons
     South Pacific albacore troll handline/pole and line 
fishery from 11 to 15 vessels/persons
     Western Pacific pelagic handline/pole and line fishery 
from 5 to 6 vessels/persons
     South Pacific albacore troll troll fishery from 22 to 24 
vessels/persons
     South Pacific tuna troll fishery from 4 to 3 vessels/
persons
Category III
     Northwest Atlantic bottom longline fishery from 1 to 2 
vessels/persons
     Pacific highly migratory species longline fishery from 105 
to 128 vessels/persons
     Pacific highly migratory species purse seine fishery from 
7 to 10 vessels/persons
     Northwest Atlantic trawl fishery from 2 to 4 vessels/
persons
     Pacific highly migratory species troll fishery from 149 to 
150 vessels/persons.

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

    NMFS proposes to add three stocks to the list of stocks 
incidentally killed or injured in the Category II Western Pacific 
Pelagic (HI shallow-set component) longline fishery. The three stocks 
are: (1) Hawaii stock of fin whale; (2) Guadalupe fur seal; and (3) 
unknown stock of Mesoplodon species. One fin whale was observed 
entangled in the shallow set fishery in 2015, resulting in a non-
serious injury (Carretta et al., 2018); one Guadalupe fur seal was 
observed hooked in the shallow set fishery in 2015, resulting in a non-
serious injury (McCracken, 2017); and one Mesoplodont beaked whale was 
observed entangled in the shallow-set fishery in 2014, and the injury 
determination could not be determined (McCracken, 2017).

Fisheries Affected by Take Reduction Teams and Plans

    NMFS corrects an administrative error in Table 4. Under ``affected 
fisheries'' for the Pacific Offshore Cetacean Take Reduction Plan, NMFS 
updates the CA thresher shark/swordfish drift gillnet (>=14 in mesh) 
from Category I to Category II. This fishery was reclassified in the 
2018 LOF (83 FR 5349, February 7, 2018), but the change was not 
reflected in Table 4.

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,

[[Page 53429]]

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 2015. 
This list includes all species and/or stocks known to be killed or 
injured in a given fishery but also includes species and/or stocks for 
which there are anecdotal records of a mortality or injury. 
Additionally, species identified by logbook entries, stranding data, or 
fishermen self-reports (i.e., MMPA reports) may not be verified. In 
Tables 1 and 2, NMFS has designated those species/stocks driving a 
fishery's classification (i.e., the fishery is classified based on 
mortalities and serious injuries of a marine mammal stock that are 
greater than or equal to 50 percent (Category I), or greater than 1 
percent and less than 50 percent (Category II), of a stock's PBR) by a 
``1'' after the stock's name.
    In Tables 1 and 2, there are several fisheries classified as 
Category II that have no recent documented mortalities or serious 
injuries of marine mammals, or fisheries that did not result in a 
mortality or serious injury rate greater than 1 percent of a stock's 
PBR level based on known interactions. NMFS has classified these 
fisheries by analogy to other Category I or II fisheries that use 
similar fishing techniques or gear that are known to cause mortality or 
serious injury of marine mammals, as discussed in the final LOF for 
1996 (60 FR 67063; December 28, 1995), and according to factors listed 
in the definition of a ``Category II fishery'' in 50 CFR 229.2 (i.e., 
fishing techniques, gear types, methods used to deter marine mammals, 
target species, seasons and areas fished, qualitative data from 
logbooks or fishermen reports, stranding data, and the species and 
distribution of marine mammals in the area). NMFS has designated those 
fisheries listed by analogy in Tables 1 and 2 by a ``2'' after the 
fishery's name.
    There are several fisheries in Tables 1, 2, and 3 in which a 
portion of the fishing vessels cross the exclusive economic zone (EEZ) 
boundary and therefore operate both within U.S. waters and on the high 
seas. These fisheries, though listed separately between Table 1 or 2 
and Table 3, are considered the same fisheries on either side of the 
EEZ boundary. NMFS has designated those fisheries in each table by a 
``*'' after the fishery's name.

  Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
                                                        Marine mammal
                               Estimated number of     species and/or
     Fishery description         vessels/ persons    stocks incidentally
                                                      killed or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Longline/Set Line Fisheries:
    HI deep-set longline *     142................  Bottlenose dolphin,
     [supcaret].                                     HI Pelagic; 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; Rough-
                                                     toothed dolphin,
                                                     HI; Short-finned
                                                     pilot whale, HI;
                                                     Sperm whale, HI;
                                                     Striped dolphin,
                                                     HI.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
Gillnet Fisheries:

[[Page 53430]]

 
    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; \1\ Sperm
                                                     Whale, CA/OR/WA.\1\
    CA halibut/white seabass   50.................  California sea lion,
     and other species set                           U.S.; Harbor seal,
     gillnet.                                        CA; Humpback whale,
    (>3.5 in mesh)...........                        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,
     gillnet.                                        GOA; \1\ Harbor
                                                     seal, GOA; Humpback
                                                     whale, Central
                                                     North Pacific;
                                                     Humpback whale,
                                                     Western North
                                                     Pacific; 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
     waters south of US-                             WA; \1\ Harbor
     Canada border and                               seal, 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.
    AK Bering Sea, Aleutian    102................  Bearded Seal, AK;
     Islands pollock trawl.                          Beluga whale,
                                                     Bristol Bay; Beluga
                                                     whale, Eastern
                                                     Bering Sea; Beluga
                                                     whale, Eastern
                                                     Chukchi Sea; 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:

[[Page 53431]]

 
    CA spiny lobster.........  194................  Bottlenose dolphin,
                                                     CA/OR/WA offshore;
                                                     Humpback whale, CA/
                                                     OR/WA; \1\ Gray
                                                     whale, Eastern
                                                     North Pacific;
                                                     Southern sea otter.
    CA spot prawn pot........  25.................  Gray whale, Eastern
                                                     North Pacific;
                                                     Humpback whale, CA/
                                                     OR/WA.\1\
    CA Dungeness crab pot....  570................  Blue whale, Eastern
                                                     North Pacific; \1\
                                                     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,
     longline.                                       Eastern North
                                                     Pacific AK
                                                     resident; Killer
                                                     whale, GOA, BSAI
                                                     transient; \1\
                                                     Northern fur seal,
                                                     Eastern Pacific;
                                                     Ringed seal, AK;
                                                     Spotted seal, AK.
    AK Gulf of Alaska          295................  Sperm whale, North
     sablefish longline.                             Pacific; Steller
                                                     sea lion, Western
                                                     U.S.
    HI shallow-set longline *  13.................  Blainville's beaked
     [supcaret].                                     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;   20.................  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.                             Humpback whale,
                                                     Central North
                                                     Pacific; 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; Humpback
                                                     whale, Western
                                                     North Pacific.
    AK Southeast salmon purse  315................  Humpback whale,
     seine.                                          Central North
                                                     Pacific.
    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.
    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:

[[Page 53432]]

 
    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................  Northern fur seal,
     Islands halibut longline.                       Eastern Pacific;
                                                     Sperm whale, North
                                                     Pacific.
    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/set line
     (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.................  Bearded seal, AK;
     Islands Atka mackerel                           Ribbon seal, AK;
     trawl.                                          Steller sea lion,
                                                     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.................  Harbor seal, AK;
     flatfish trawl.                                 Northern elephant
                                                     seal, North
                                                     Pacific; Steller
                                                     sea lion, Western
                                                     U.S.
    AK Gulf of Alaska Pacific  55.................  Harbor seal, AK;
     cod trawl.                                      Steller sea lion,
                                                     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.................  Steller sea lion,
     rockfish trawl.                                 Western U.S.
    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................  Bowhead whale,
     Islands crab pot.                               Western Arctic;
                                                     Gray whale, Eastern
                                                     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.
    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).

[[Page 53433]]

 
    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  1,092..............  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.
[supcaret] 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.


[[Page 53434]]


 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; 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;
                                                     Humpback whale,
                                                     Gulf of Maine;
                                                     Minke whale,
                                                     Canadian east
                                                     coast.
    Northeast sink gillnet...  3,163..............  Bottlenose dolphin,
                                                     WNA offshore;
                                                     Common dolphin,
                                                     WNA; Fin whale,
                                                     WNA; Gray seal,
                                                     WNA; Harbor
                                                     porpoise, GME/BF;
                                                     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     8,485..............  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\ Sperm
                                                     whale, Northern
                                                     GMX.
------------------------------------------------------------------------
                               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\.                                            Eastern GMX
                                                     coastal; Bottlenose
                                                     dolphin, GMX bay,
                                                     sound, and
                                                     estuarine;
                                                     Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal; Bottlenose
                                                     dolphin, Western
                                                     GMX coastal.
    NC inshore gillnet.......  2,850..............  Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine system;
                                                     \1\ Bottlenose
                                                     dolphin, Southern
                                                     NC estuarine
                                                     system.\1\
    Northeast anchored float   852................  Harbor seal, WNA;
     gillnet; \2\.                                   Humpback whale,
                                                     Gulf of Maine;
                                                     White-sided
                                                     dolphin, WNA.
    Northeast drift gillnet;   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     320................  Harbor seal, WNA.
     trawl (including pair
     trawl).
    Mid-Atlantic bottom trawl  633................  Bottlenose dolphin,
                                                     WNA offshore; \1\
                                                     Common dolphin,
                                                     WNA; \1\ Gray seal,
                                                     WNA; Harbor seal,
                                                     WNA; Risso's
                                                     dolphin, WNA; \1\
                                                     White-sided
                                                     dolphin, WNA.
    Northeast mid-water trawl  542................  Common dolphin, WNA;
     (including pair trawl).                         Gray seal, WNA;
                                                     Harbor seal, WNA;
                                                     Long-finned pilot
                                                     whale, WNA.\1\
    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\

[[Page 53435]]

 
    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,
                                                     Mississippi River
                                                     Delta; Bottlenose
                                                     dolphin, Mobile
                                                     Bay, Bonsecour Bay;
                                                     Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal; \1\
                                                     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     3,332..............  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; \1\
                                                     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.
    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.

[[Page 53436]]

 
    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.
    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..................  None documented in
     seine *.                                        most recent five
                                                     years of data.
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.
    Gulf of Mexico, Southeast  unknown............  None documented.
     Atlantic, Mid-Atlantic,
     and Caribbean cast net.
Commercial Passenger Fishing
 Vessel (Charter Boat)
 Fisheries:

[[Page 53437]]

 
    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                67  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             142  Bottlenose dolphin, HI
     Deep-set component) *                        Pelagic; False killer
     [supcaret].                                  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                  6  Long-beaked common
     Species * [supcaret].                        dolphin, CA; Humpback
                                                  whale, CA/OR/WA;
                                                  Northern right-whale
                                                  dolphin, CA/OR/WA;
                                                  Pacific white-sided
                                                  dolphin, CA/OR/WA;
                                                  Risso's dolphin, CA/OR/
                                                  WA; Short-beaked
                                                  common dolphin, CA/OR/
                                                  WA.
Trawl Fisheries:
    Atlantic Highly Migratory                 1  No information.
     Species * *.
    CCAMLR.....................               0  Antarctic fur seal.
Purse Seine Fisheries:
    South Pacific Tuna                       38  No information.
     Fisheries.
    Western Pacific Pelagic....               1  No information.
Longline Fisheries:
    CCAMLR.....................               0  None documented.
    South Pacific Albacore                   11  No information.
     Troll.
    South Pacific Tuna                        3  No information.
     Fisheries * *.

[[Page 53438]]

 
    Western Pacific Pelagic (HI              13  Blainville's beaked
     Shallow-set component) *                     whale, HI; Bottlenose
     [supcaret].                                  dolphin, HI Pelagic;
                                                  False killer whale; HI
                                                  Pelagic; Fin whale,
                                                  HI; Guadalupe fur
                                                  seal; Humpback whale,
                                                  Central North Pacific;
                                                  Mesoplodon sp.,
                                                  unknown; 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                 48  No information.
     Species.
    South Pacific Albacore                   15  No information.
     Troll.
    Western Pacific Pelagic....               6  No information.
Troll Fisheries:
    Atlantic Highly Migratory                 1  No information.
     Species.
    South Pacific Albacore                   24  No information.
     Troll.
    South Pacific Tuna                        3  No information.
     Fisheries **.
    Western Pacific Pelagic....               6  No information.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
Longline Fisheries:
    Northwest Atlantic Bottom                 2  None documented.
     Longline.
    Pacific Highly Migratory                128  None documented in the
     Species.                                     most recent 5 years of
                                                  data.
Purse Seine Fisheries:
    Pacific Highly Migratory                 10  None documented.
     Species * [supcaret].
Trawl Fisheries:
    Northwest Atlantic.........               4  None documented.
Troll Fisheries:
    Pacific Highly Migratory                150  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.
[supcaret] The list of marine mammal species and/or stocks killed or
  injured in this fishery is identical to the list of marine mammal
  species and/or stocks killed or injured in U.S. waters component of
  the fishery, minus species and/or stocks that have geographic ranges
  exclusively in coastal waters, because the marine mammal species and/
  or stocks are also found on the high seas and the fishery remains the
  same on both sides of the EEZ boundary. Therefore, the high seas
  components of these fisheries pose the same risk to marine mammals as
  the components of these fisheries operating in U.S. waters.


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

[[Page 53439]]

 
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 II:
 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.
[supcaret] Only applicable to the portion of the fishery operating in
  the Atlantic Ocean.

Classification

    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
Any entity with combined annual fishery landing receipts less than $11 
million is considered a small entity for purposes of the Regulatory 
Flexibility Act. Under the former, lower size standards, all entities 
subject to this action were considered small entities; thus, they all 
would continue to be considered small under the new standards.
    Under existing regulations, all individuals participating in 
Category I or II fisheries must register under the MMPA and obtain an 
Authorization Certificate. The Authorization Certificate authorizes the 
taking of non-endangered and non-threatened marine mammals incidental 
to commercial fishing operations. Additionally, individuals may be 
subject to a TRP and requested to carry an observer. NMFS has estimated 
that up to approximately 51,873 fishing vessels, most with annual 
revenues below the SBA's small entity thresholds, may operate in 
Category I or II fisheries. As fishing vessels operating in Category I 
or II fisheries, they are required to register with NMFS. The MMPA 
registration process is integrated with existing state and Federal 
licensing, permitting, and registration programs. Therefore, 
individuals who have a state or Federal fishing permit or landing 
license, or who are authorized through another related state or Federal 
fishery registration program, are currently not required to register 
separately under the MMPA or pay the $25 registration fee. Through this 
integrated process, registration under the MMPA, including the $25 
registration fee, is only required for vessels participating in a 
Category I or II non-permitted fishery. All Category I and II fisheries 
listed on the 2019 proposed LOF are permitted through state or Federal 
processes and registration under the MMPA is covered through the 
integrated process. Therefore, this proposed rule would not impose any 
direct costs on small entities.
    The MMPA requires any vessel owner or operator participating in a 
fishery listed on the LOF to report to NMFS, within 48 hours of the end 
of the fishing trip, all marine mammal incidental mortalities and 
injuries that occur during commercial fishing operations. These marine 
mammal mortalities and injuries are reported using a postage-paid, OMB 
approved form (OMB number 0648-0292). This postage-paid form requires 
less than 15 minutes to complete and can be dropped in any mailbox, 
faxed, emailed, or completed online within 48 hours of the vessels 
return to port. Therefore, record keeping and reporting costs 
associated with this LOF are minimal and would not have a significant 
impact on a substantial number of small entities.
    If a vessel is requested to carry an observer, vessels will not 
incur any direct economic costs associated with carrying that observer. 
As a result of this certification, an initial regulatory flexibility 
analysis is not required and none has been prepared. In the event that 
reclassification of a fishery to Category I or II results in a TRP, 
economic analyses of the effects of that TRP would be summarized in 
subsequent rulemaking actions.
    This proposed rule contains existing collection-of-information 
(COI) requirements subject to the Paperwork Reduction Act and would not 
impose additional or new COI requirements. The COI for the registration 
of individuals under the MMPA has been approved by the Office of 
Management and Budget (OMB) under OMB control number 0648-0293 (0.15 
hours per report for new registrants). The requirement for reporting 
marine mammal mortalities or injuries has been approved by OMB under 
OMB control number 0648-0292 (0.15 hours per report). These estimates 
include the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the COI. Send comments regarding these reporting burden 
estimates or any other aspect of the COI, including suggestions for 
reducing burden, to NMFS and OMB (see ADDRESSES and SUPPLEMENTARY 
INFORMATION).
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with a COI, subject to the requirements of the Paperwork 
Reduction Act, unless that COI displays a currently valid OMB control 
number.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Orders 12866 and 13563.
    This rule is not expected to be an E.O. 13771 regulatory action 
because this rule is not significant under E.O. 12866.
    In accordance with the Companion Manual for NOAA Administrative 
Order (NAO) 216-6A, NMFS preliminarily determined that publishing this 
proposed LOF qualifies to be categorically excluded from further NEPA 
review, consistent with categories of activities identified in 
Categorical Exclusion G7 (``Preparation of policy directives, rules, 
regulations, and guidelines of an administrative, financial, legal, 
technical, or procedural nature, or for which the environmental effects 
are too broad, speculative or conjectural to lend themselves to 
meaningful analysis and will be subject later to the NEPA process, 
either collectively or on a case-by-case basis'') of the Companion 
Manual and we have not identified any extraordinary circumstances 
listed in Chapter 4 of the Companion Manual for NAO 216-6A

[[Page 53440]]

that would preclude application of this categorical exclusion. If NMFS 
takes a management action, for example, through the development of a 
TRP, NMFS would first prepare an Environmental Impact Statement (EIS) 
or Environmental Assessment (EA), as required under NEPA, specific to 
that action.
    This proposed 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 proposed 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 proposed 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 proposed 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

Carretta, J.V., E. Oleson, K.A. Forney, J. Baker, J.E. Moore, D.W. 
Weller, A.R. Lang, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. 
Lowry, J. Barlow, D. Lynch, L. Carswell, and R.L. Brownell Jr. 2018. 
U.S. Pacific Marine Mammal Stock Assessments: 2017. NOAA Technical 
Memorandum NOAA-TM-NMFS-SWFSC-602. 161 p.
Carretta, J.V., V. Helker, M.M. Muto, J. Greenman, K. Wilkinson, D. 
Lawson, J. Viezbicke, and J. Jannot. 2018a. Sources of human-related 
injury and mortality for U.S. Pacific west coast marine mammal stock 
assessments, 2012-2016. Draft document PSRG-2018-06 reviewed by the 
Pacific Scientific Review Group, March 2018. 145 p.
Carretta, J.V., J.E. Moore, and K.A. Forney. 2018b. Estimates of 
marine mammal, sea turtle, and seabird bycatch from the California 
large-mesh drift gillnet fishery: 1990-2016. Draft document PSRG-
2018-07 reviewed by the Pacific Scientific Review Group, March 2018. 
79 p.
Hayes, S.A., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 
2018. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks 
Assessments, 2017. NOAA Technical Memorandum NOAA-TM-NE-245. 378 p.
Hayes, S.A., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 
2017. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks 
Assessments, 2016. NOAA Technical Memorandum NOAA-TM-NE-241. 274 p.
McCracken, M.L. 2017. Assessment of Incidental Interactions with 
Marine Mammals in the Hawaii Longline Deep and Shallow Set Fisheries 
from 2011 through 2015. NMFS Pacific Islands Fisheries Science 
Center, PIFSC Internal Report IR-17-003. 2 p. + Excel spreadsheet.
National Marine Fisheries Service (NMFS). 2017. The Hawaii Limited 
Access Longline Logbook Summary Report. PIFSC Data Report DR-17-009. 
13 p.
National Marine Fisheries Service West Coast Region (NMFS-WCR). 
2017. Summary of 2016 Whale Entanglements off the West Coast of the 
United States. 8 p. (Available at: http://www.westcoast.fisheries.noaa.gov/publications/protected_species/marine_mammals/5.2.2018_wcr_2018_entanglement_report_508.pdf)
U.S. Fish and Wildlife Service (USFWS). 2017. Final southern sea 
otter (Enhydra lutris nereis) stock assessment report. Ventura, 
California. 18 p. (Available at https://www.fws.gov/ecological-services/species/stock-assessment-reports.html)
Waring, G.T., Josephson, E., Maze-Foley, K., Rosel, P.E., editors. 
2015. US Atlantic and Gulf of Mexico Marine Mammal Stock 
Assessments, 2014. NOAA Technical Memorandum NMFS-NE-231; 361 p.
Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 
2016. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks 
Assessments, 2015. NOAA Technical Memorandum NOAA-NE-238. 512 p.
Western Pacific Regional Fishery Management Council (WPRFMC). 2016a. 
Stock Assessment and Fishery Evaluation (SAFE) Report Pacific Island 
Pelagic Fisheries. 472 p.
Western Pacific Regional Fishery Management Council (WPRFMC). 2016b. 
Annual Stock Assessment and Fishery Evaluation Report: Fishery 
Ecosystem Plan for the American Samoa Archipelago. 415 p.

    Dated: October 18, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-23124 Filed 10-22-18; 8:45 am]
 BILLING CODE 3510-22-P