[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Rules and Regulations]
[Pages 22051-22073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10139]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 180522499-9223-02]
RIN 0648-BH96
List of Fisheries for 2019
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its
final List of Fisheries (LOF) for 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: The effective date of this final rule is June 17, 2019.
ADDRESSES: Chief, Marine Mammal and Sea Turtle Conservation Division,
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: 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.
[[Page 22052]]
Eastern time, Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
What is the List of Fisheries?
Section 118 of the MMPA requires NMFS to place all U.S. commercial
fisheries into one of three categories based on the level of incidental
mortality and serious injury of marine mammals occurring in each
fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the
LOF determines whether participants in that fishery may be required to
comply with certain provisions of the MMPA, such as registration,
observer coverage, and take reduction plan requirements. NMFS must
reexamine the LOF annually, considering new information in the Marine
Mammal Stock Assessment Reports (SARs) and other relevant sources, and
publish in the Federal Register any necessary changes to the LOF after
notice and opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)).
How does NMFS determine in which category a fishery is placed?
The definitions for the fishery classification criteria can be
found in the implementing regulations for section 118 of the MMPA (50
CFR 229.2). The criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all
fisheries on each marine mammal stock and then addresses the impact of
individual fisheries on each stock. This approach is based on
consideration of the rate, in numbers of animals per year, of
incidental mortalities and serious injuries of marine mammals due to
commercial fishing operations relative to the potential biological
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C.
1362 (20)) defines the PBR level as the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal
stock while allowing that stock to reach or maintain its optimum
sustainable population (OSP). This definition can also be found in the
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
Tier 1: Tier 1 considers the cumulative fishery mortality and
serious injury for a particular stock. If the total annual mortality
and serious injury of a marine mammal stock, across all fisheries, is
less than or equal to 10 percent of the PBR level of the stock, all
fisheries interacting with the stock will be placed in Category III
(unless those fisheries interact with other stock(s) for which total
annual mortality and serious injury is greater than 10 percent of PBR).
Otherwise, these fisheries are subject to the next tier (Tier 2) of
analysis to determine their classification.
Tier 2: Tier 2 considers fishery-specific mortality and serious
injury for a particular stock.
Category I: Annual mortality and serious injury of a stock in a
given fishery is greater than or equal to 50 percent of the PBR level
(i.e., frequent incidental mortality and serious injury of marine
mammals).
Category II: Annual mortality and serious injury of a stock in a
given fishery is greater than 1 percent and less than 50 percent of the
PBR level (i.e., occasional incidental mortality and serious injury of
marine mammals).
Category III: Annual mortality and serious injury of a stock in a
given fishery is less than or equal to 1 percent of the PBR level
(i.e., a remote likelihood of or no known incidental mortality and
serious injury of marine mammals).
Additional details regarding how the categories were determined are
provided in the preamble to the final rule implementing section 118 of
the MMPA (60 FR 45086; August 30, 1995).
Because fisheries are classified on a per-stock basis, a fishery
may qualify as one category for one marine mammal stock and another
category for a different marine mammal stock. A fishery is typically
classified on the LOF at its highest level of classification (e.g., a
fishery qualifying for Category III for one marine mammal stock and for
Category II for another marine mammal stock will be listed under
Category II). Stocks driving a fishery's classification are denoted
with a superscript ``1'' in Tables 1 and 2.
Other Criteria That May Be Considered
The tier analysis requires a minimum amount of data, and NMFS does
not have sufficient data to perform a tier analysis on certain
fisheries. Therefore, NMFS has classified certain fisheries by analogy
to other Category I or II fisheries that use similar fishing techniques
or gear that are known to cause mortality or serious injury of marine
mammals, or according to factors discussed in the final LOF for 1996
(60 FR 67063; December 28, 1995) and listed in the regulatory
definition of a Category II fishery: In the absence of reliable
information indicating the frequency of incidental mortality and
serious injury of marine mammals by a commercial fishery, NMFS will
determine whether the incidental mortality or serious injury is
``frequent,'' ``occasional,'' or ``remote'' by evaluating other factors
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
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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 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
``[hairsp]*[hairsp]'' 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.
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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 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 the 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
[[Page 22055]]
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,
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.
Comments and Responses
NMFS received seven comment letters on the proposed LOF for 2019
(83 FR 53422; October 23, 2018). Comments were received from the Marine
Mammal Commission (Commission), Hawaii Longline Association (HLA),
Maine Lobstermen's Association (MLA), two individuals, a joint letter
from Lund's Fisheries and The Town Dock, and a joint letter from Center
for Biological Diversity (CBD), Humane Society of the United States
(HSUS) and Whale and Dolphin Conservation (WDC). Responses to
substantive comments are below; comments on actions not related to the
LOF are not included.
General Comments
Comment 1: A commenter notes that NMFS discussed the factors used
to classify fisheries by analogy on the LOF in the final 1996 LOF and
acknowledges that fishing technologies have changed and improved since
the 1996 final LOF. The commenter recommends NMFS update the factors
used to classify fisheries by analogy on the LOF.
Response: NMFS has classified fisheries by analogy on the LOF that
use similar fishing techniques or gear that are known to cause
mortality or serious injury of marine mammals. Fishery classification
by analogy was discussed in the final LOF for 1996 (60 FR 67063;
December 28, 1995), and the factors for classifying by analogy are
listed in the regulatory definition of a ``Category II fishery'' in 50
CFR 229.2.
The regulatory definition includes various factors to evaluate when
classifying by analogy. 50 CFR 229.2 states, ``In the absence of
reliable information indicating the frequency of incidental mortality
and serious injury of marine mammals by a commercial fishery, the
Assistant Administrator will determine whether the taking is
``occasional'' by evaluating other factors such as fishing techniques,
gear used, methods used to deter marine mammals, target species,
seasons and areas fished, qualitative data from logbooks or fisher
reports, stranding data, and the species and distribution of marine
mammals in the area, or at the discretion of the Assistant
Administrator.'' If NMFS does not have enough information on the
various factors listed above to complete a tier analysis, 50 CFR 229.2
states eligible commercial fisheries not specifically identified in the
LOF are deemed to be Category II fisheries until the next list of
fisheries is published. When classifying fisheries by analogy, NMFS
applies this regulatory definition using the best available information
when evaluating the other factors listed above. Therefore, NMFS is not
updating the factors used to classify fisheries by analogy on the LOF.
Comment 2: A commenter notes that NMFS annually reviews the
information presented in the current SARs, injury determination reports
and other sources of new information to determine which species or
stocks are included on the LOF as incidentally killed or injured in a
fishery. The commenter believes the 2011-2015 data summarized in the
SAR and the additional other sources of information are insufficient
for identifying the species or stocks incidentally killed or injured in
a fishery.
Response: When NMFS reviews the LOF annually, we use the best
available scientific information including the SARs. The SARs provide
the most current and inclusive information on each stock's PBR level
and level of interaction with commercial fishing operations. The MMPA
requires NMFS to review the SARs at least annually for strategic stocks
and stocks for which significant new information is available and at
least once every three years for non-strategic stocks. NMFS publishes a
notice of availability and solicits public comments on the draft SARs
annually. Additionally, NMFS can use more recent data provided it has
been peer reviewed and is publicly available.
Comments on Commercial Fisheries in the Pacific Ocean
Comment 3: CBD, HSUS and WDC support adding the North Pacific stock
of sperm whales to the list of species and/or stocks incidentally
killed or injured in the Alaska Bering Sea, Aleutian Islands halibut
longline fishery. The commenters also recommend NMFS elevate the Alaska
[[Page 22056]]
Bering Sea, Aleutian Islands halibut longline fishery to a Category I
fishery because the mean estimated annual mortality (1.5 sperm whales)
exceeds the PBR level in the proposed 2018 stock assessment report of
0.5 sperm whales.
Response: NMFS has added the North Pacific stock of sperm whales to
the list of species and/or stocks incidentally killed or injured in the
Alaska Bering Sea, Aleutian Islands halibut longline fishery.
NMFS uses the classification criteria described in the preamble to
classify fisheries as Category I, Category II, or Category III. The
2019 LOF is based on the final 2017 SARs, which do not define a PBR for
the North Pacific sperm whale stock. The draft 2018 SAR includes a PBR
that applies to a small portion of the stock's range and as such is
considered an underestimate.
Comment 4: CBD, HSUS and WDC recommend elevating the Gulf of Alaska
sablefish longline fishery to a Category I fishery, because the
mortality and serious injury of the North Pacific stock of sperm whales
exceeds the PBR level of 0.5 sperm whales in the draft 2018 SARs.
Response: See Response to Comment 3.
Comment 5: CBD, HSUS and WDC support adding the Central North
Pacific stock of humpback whale to the list of species and/or stocks
incidentally killed or injured in the Category III AK Prince William
Sound salmon set gillnet fishery. The commenters note, that unless
there is genetic or photo-identification information to the contrary,
the LOF should state that the two 2015 strandings were from the ESA-
listed Mexico distinct population segment (DPS). NMFS is in the process
of reviewing the humpback whale stock structure, and the commenters
recommend that the LOF note the relevant humpback whale DPS until the
stock structure review is finalized.
Response: NMFS has added the Central North Pacific stock of
humpback whale to the list of species and/or stocks incidentally killed
or injured AK Prince William Sound salmon set gillnet fishery.
Because only the Central North Pacific stock of humpback whale
occurs in Prince William Sound, the two 2015 humpback whale M/SI
reports in Prince William Sound were only applied to the Central North
Pacific stock. As the commenters note, NMFS is in the process of
reviewing the stock structure of humpback whales under the MMPA.
Currently, the management units for humpback whales are not defined
with the same delineations under the ESA and MMPA. As the LOF is a
requirement of the MMPA, it uses MMPA stocks as management units rather
than referencing a species or DPS from the ESA. In cases where M/SI
occurs in an area of overlapping stocks, the M/SI is assigned to both
stocks.
Comment 6: CBD, HSUS and WDC support adding the southern sea otter
to the list of species and/or stocks incidentally killed or injured in
the Category II California spiny lobster fishery.
Response: NMFS has added the southern sea otter to the list of
species and/or stocks incidentally killed or injured in the Category II
California spiny lobster fishery as proposed.
Comment 7: CBD, HSUS and WDC express concern that neither NMFS nor
the California Department of Fish and Wildlife have attempted to
monitor or estimate total marine mammal interactions in the California
spiny lobster fishery since the fishery was listed as Category II. The
commenters note that the Pacific Scientific Review Group recommended
NMFS convene a take reduction team for fisheries that are known to
entangle humpback whales along the West Coast and to evaluate the large
number of entanglements to determine if they constitute an unusual
mortality event. CBD, HSUS and WDC agree and request NMFS convene a
take reduction team for all California pot and trap fisheries,
including the California spiny lobster fishery.
Response: NMFS acknowledges that opportunistic reports of whale
entanglements provide only a minimum accounting of entanglements that
may be occurring.
Section 118(f)(3) of the MMPA provides that NMFS may prioritize
convening take reduction teams and developing TRPs when insufficient
funding is available. MMPA section 118(f)(3) contains specific
priorities for developing TRPs. NMFS has insufficient funding available
to simultaneously develop and implement TRPs for all strategic stocks
that interact with Category I or Category II fisheries. As provided in
MMPA section 118(f)(6)(A) and (f)(7), NMFS uses the most recent SAR and
LOF as the basis to determine its priorities for establishing TRTs and
developing TRPs. In addition, NMFS continues to collect data to
categorize fixed gear fisheries and assess their risk to large whales
off the U.S. west coast. Accordingly, given these factors and NMFS'
priorities, implementation of developing a TRP for the California spiny
lobster fishery and other similar Category II fisheries has been
deferred under section 118 as other stocks/fisheries are a higher
priority for any available funding for establishing new TRPs.
Comment 8: CBD, HSUS and WDC support adding the Eastern North
Pacific stock of blue whales to the list of species and/or stocks
incidentally killed or injured in the Category II CA Dungeness crab pot
fishery. The commenters recommend that the final 2019 LOF include the
three prorated serious injuries (2.25 serious injuries) that were
caused by an unidentified fishery interaction in 2015 and 2016. The
commenters note that 4.25 blue whales were seriously injured in 2015
and 2016 in fishing gear, and that the annual average, calculated over
five years, is 0.85 blue whales, or 37 percent of the PBR level.
Because the CA Dungeness crab pot fishery is the only known fishery to
interact with blue whales, the commenters request that NMFS attribute
all of these interactions to the CA Dungeness crab pot fishery for the
purposes of the LOF.
Response: NMFS has added the Eastern North Pacific stock of blue
whales to the list of species and/or stocks incidentally killed or
injured in the CA Dungeness crab pot fishery based on documented
entanglements. NMFS appreciates that the commenters have provided a
proration for three serious injuries in unidentified fishing gear in
2015 and 2016, but this analysis is not included in the final 2017 SAR.
The final 2017 SAR (Carretta et al., 2018) and Human-Related Serious
Injury and Mortality Report (Carretta et al., 2018a) for the Eastern
North Pacific stock of blue whales do not provide or report on any
established methodology for assigning mortality or serious injury or
mortality from entanglements with unidentified gear. Further, the gear
from the 2015 entangled whale was consistent with several deep-set
fisheries that do not include the CA Dungeness crab pot fishery
(Carretta et al., 2018a).
Comment 9: CBD, HSUS and WDC recommend that NMFS elevate the CA
Dungeness crab pot fishery to a Category I fishery. Commenters note
that in 2018, three confirmed blue whale entanglements were reported as
of October, one of which was attributed to the CA Dungeness crab pot
fishery. As previously noted in Comment 8, they believe blue whale
entanglements in unidentified pot/trap fisheries should be attributed
to the CA Dungeness crab pot fishery.
CBD, HSUS and WDC cite a 2013 NMFS Technical Memorandum that states
the highest risk of blue whale entanglement was with the Dungeness crab
pot fishery from October to December around San Francisco Bay
[[Page 22057]]
and Bodega Bay. Without changes to the fishery at the opening of the
season, the commenters believe blue whale entanglements are likely to
continue to occur because of the co-occurrence of blue whales and the
California Dungeness crab pot fishery.
Response: NMFS does not assign M/SI to a particular fishery unless
there is documented evidence that the fishery is responsible for the M/
SI. We continue to use the information provided in the SARs for
classifying fisheries on the LOF.
We appreciate the reference to analysis conducted by NMFS regarding
the co-occurrence of whales and fixed fishing gear along the U.S. West
Coast (Saez et al., 2013). However, management of commercial and
recreational fisheries are outside the scope of the LOF.
Comment 10: A commenter recommends using permitting data and
fisheries self-reported fishing activity data as a more effective way
to track the estimated number of vessels/persons in the American Samoa
bottomfish handline fishery.
Response: There are no Federal permitting requirements for the
bottomfish handline fishery in American Samoa. The number of fishers
was estimated by using the average number of fishers per trip
multiplied by the number of trips per day times the numbers of dates in
the calendar year by gear type; the total was a combination of weekend
and weekday stratum estimates. This method can be found in the most
recent Annual Stock Assessment and Fishery Evaluation Report for
American Samoa (WPRFMC, 2017). The current method provides the most
accurate means of estimating participation given available data.
Comment 11: With respect to NMFS' proposal to remove the Main
Hawaiian Islands (MHI) Insular stock of false killer whales from the
list of species and/or stocks incidentally killed or injured in the
Category I Hawaii deep-set longline fishery, the HLA supports the
proposal while the Commission does not support the proposal.
The Commission notes that although no interactions were
definitively attributed to MHI Insular false killer whales during the
timeframe for the 2019 LOF, the 2017 SAR for the Hawaii false killer
complex indicated that there was a small probability of the fishery
interacting with MHI Insular false killer whales in 2011 and 2012. The
Commission also notes that small numbers of interactions between MHI
Insular false killer whales and the deep-set longline fishery may have
occurred in the last 12 years (NMFS SARs 2012-2017) and rare events,
such as interactions between the deep-set longline fishery and the MHI
Insular stock, can go undetected for years, especially when observer
coverage is low. The Commission also notes that three interactions
within or close to the known range of the MHI Insular stock were
documented in 2018 (data presented to the False Killer Whale Take
Reduction Team) and field observations of MHI Insular false killer
whales continue to document `line' scars that are consistent with
injuries sustained through interaction with longline gear, some of
which could have been from the deep-set longline fishery. Therefore,
the Commission recommends that NMFS retain MHI Insular false killer
whales on the list of stocks incidentally killed or injured in the
deep-set longline fishery.
Response: In the proposed LOF for 2019, NMFS proposed removing MHI
Insular false killer whales from the list of species and/or stocks
incidentally killed or injured in the Category I Hawaii deep-set
longline fishery, primarily because no mortality or serious injuries
from the insular stock had been observed from 2013 through 2017,
according to the 2017 SAR. In those five years, only six false killer
whale mortalities and serious injuries were observed inside the
exclusive economic zone (EEZ).
However, between February 8, 2018, and January 15, 2019, six
additional false killer whale mortality and serious injuries have been
observed inside the EEZ. Three of these mortalities and serious
injuries occurred close to the outer boundary of the Main Hawaiian
Islands Longline Fishing Prohibited Area, in close proximity to the
outer boundary of the MHI Insular false killer whale stocks' range.
While the interactions occurred within the pelagic stock boundary, the
interactions have not yet been evaluated for assignment to insular or
pelagic stocks in the SAR. The recent occurrence of three mortalities
and serious injuries over a relatively short time period near the outer
range of the insular stock has led us to reconsider our proposal to
remove the insular stock from the list of stocks incidentally killed or
injured by the deep-set longline fishery prior to SAR evaluation.
As noted in the section of the LOF proposed rule describing how
NMFS determines which species or stocks are included as incidentally
killed or injured in a fishery, for fisheries with no observer coverage
and for observed fisheries with evidence indicating that undocumented
interactions may be occurring (e.g., fishery has evidence of fisheries
interactions that cannot be attributed to a specific fishery and
stranding network data include evidence of fisheries interactions that
cannot be attributed to a specific fishery), stocks may be retained for
longer than five years. For these fisheries, NMFS will review the other
sources of relevant information to determine when it is appropriate to
remove a species or stock.
The MHI Insular false killer whale's range overlaps with areas that
are open to deep-set longline fishing and MHI Insular false killer
whales have been documented with injuries consistent with fisheries
interactions that have not been attributed to a specific fishery (Baird
et al., 2014). Although the SARs are based on the best available
scientific information and provide the most current and inclusive
information on each stock, including range, abundance, PBR, and level
of interaction with commercial fishing operations, NMFS also reviews
other sources of information, including injury determination reports,
bycatch estimation reports, observer data, logbook data, stranding
data, disentanglement network data, and anecdotal reports from that
time period. The six recent observed false killer whale mortalities and
serious injuries that occurred in 2018 and 2019, including three near
the outer boundary of the insular false killer whale's range, have not
yet been incorporated in the SARs. These 2018 and 2019 false killer
whale mortalities and serious injuries will be more fully evaluated in
future SARs. Nevertheless, these interactions are relevant information
that persuade us to maintain the insular false killer whale stock in
the LOF at this time, pending a full analysis of these interactions in
a future SAR. For the above reasons, NMFS has decided to retain the MHI
Insular false killer whale stock on the list of species and/or stocks
killed or injured incidental to the HI deep-set longline fishery.
Comment 12: The HLA restates a previous comment that the Hawaii
deep-set longline fishery does not interact with the Northwestern
Hawaiian Islands (NWHI) stock of false killer whales. HLA notes that
(a) the False Killer Whale Take Reduction Plan closed the deep-set
longline fishery for almost the entire range of the MHI insular and
NWHI stocks, (b) since this change was made in 2013 there have been no
interactions between the fishery and an animal from either stock, and
(c) there has never been a deep-set longline fishery interaction in the
very small area of the stocks' respective ranges that are not closed to
longline fishing. HLA requests that NMFS remove these the
[[Page 22058]]
NWHI stock of false killer whales from the list of species and/or
stocks incidentally killed or injured in the Category I Hawaii deep-set
longline fishery.
Response: This comment has been addressed previously (see 78 FR
53336, August 29, 2013, comment 11; 79 FR 14418, March 14, 2014,
comment 4; 79 FR 77919, December 29, 2014, comment 2; 81 FR 20550,
April 8, 2016, comment 5; and 83 FR 5349, February 7, 2018, comment
21). NMFS determines which species or stocks are included as
incidentally killed or injured in a fishery by annually reviewing the
information presented in the current SARs, among other relevant
sources. The SARs are based on the best available scientific
information and provide information on each stock, including range,
abundance, PBR, and level of interaction with commercial fishing
operations.
The 2019 LOF is based on the 2017 SARs, which report fishery
interactions from 2011-2015; this is the best scientific and commercial
information available for the time period examined. As reported in the
2017 SAR, nine false killer whales were taken in the deep-set longline
fishery within the Hawaiian EEZ between 2011 and 2015, two occurred
within the pelagic-NWHI overlap zone. Applying the proration methods
described in detail in the 2017 SAR for takes in overlap zones, NMFS
estimates a five-year average mortality and serious injury level of 0.4
NWHI false killer whales per year incidental to the Hawaii-based deep-
set longline fishery from 2011-2015 (Carretta et al., 2018). NMFS
retained the NWHI stock of false killer whales on the list of species
and/or stocks incidentally killed or injured in the Category I Hawaii
deep-set longline fishery.
Comment 13: HLA recommends NMFS reclassify the Hawaii shallow-set
longline fishery as a Category III fishery. HLA notes that the Hawaii
shallow-set longline fishery has 100% observer coverage and only one
serious injury has been observed in the EEZ since 2008. HLA states the
2017 SAR attributes a 0.1 M/SI to the shallow-set longline fishery for
the pelagic stock of false killer whales in the U.S. EEZ. However, the
0.1 M/SI rate is derived entirely from a 2012 interaction that NMFS was
unable to make a serious injury determination and was given a cannot be
determined (CBD) determination. This CBD was then prorated as 0.3 M/SI
because, in the previous five years, there were three interactions
between the shallow-set longline fishery and the pelagic false killer
whale stock in the EEZ. HLA believes if the 2012 CBD interaction is
prorated based upon the five-year look-back period used in the 2017 SAR
(2011-2015), then the M/SI rate would be 0.0 because there were only
two other interactions from 2011-2015, both of which were determined to
be non-serious. Therefore, HLA recommends the shallow-set longline
fishery should be reclassified as a Category III fishery.
Response: This comment has been addressed previously (see 83 FR
5349, February 7, 2018, comment 26). NMFS uses the classification
criteria described in the preamble to classify fisheries as Category I,
Category II, or Category III. A fishery is classified under Category II
if the annual mortality and serious injury of a stock in a given
fishery is greater than 1 percent and less than 50 percent of the
stock's PBR level. Additional details regarding categorization of
fisheries is provided in the preamble to the final rule implementing
section 118 of the MMPA (60 FR 45086; August 30, 1995). The false
killer whale interaction in 2012 that resulted in a ``CBD''
determination was prorated following the methods described in the 2016
SAR (Carretta et al., 2017), which prorates serious versus non-serious
injuries using the historic rate of serious injury while accounting for
changes in gear following implementation of the False Killer Whale Take
Reduction Plan in 2013. This proration resulted in a 0.3 M/SI for the
pelagic false killer whale stock as reported in the 2016 SAR, which is
1.07 percent of PBR and within the range of 1-50 percent of PBR,
requiring NMFS to classify the fishery as a Category II fishery
consistent with section 118 of the MMPA.
Comment 14: HLA restates a previous comment opposing the inclusion
of the Hawaii stock of Kogia species (Hawaii) on the list of species
and/or stocks incidentally killed or injured in the Hawaii deep-set
longline fishery. HLA requests that NMFS remove Kogia species from the
list of species and/or stocks incidentally killed or injured in the
deep-set longline fishery, because the 2017 SAR does not identify any
observed interactions between either of the Hawaii Kogia stocks and the
deep-set longline fishery.
Response: Although the 2013 SAR does not include observed
interactions with Hawaii pygmy whales and dwarf sperm whales, a Kogia
spp. M/SI was observed in the Hawaii deep-set longline fishery on
February 25, 2014, resulting in a serious injury (Carretta et al.,
2017a). The 2017 SAR did not include updates to Kogia spp.; NMFS plans
to update the Kogia spp. stock assessment in the 2018 SAR.
Comments on Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico,
and Caribbean
Comment 15: Lund's Fisheries and The Town Dock note the longfin
small mesh bottom trawl squid fishery is included on the LOF in both of
the Category II Northeast and mid-Atlantic bottom trawl fisheries. In
2018, the Marine Stewardship Council determined that the U.S.
Northeastern Longfin Inshore Squid Small Mesh Bottom Trawl Fishery,
harvested by small mesh bottom trawls in U.S. waters between the Gulf
of Maine and Cape Hatteras, NC, was certified as a sustainable fishery.
The commenters request NMFS conduct a tier analysis of long-finned
pilot whale mortality and serious injury in the small mesh and large
mesh bottom trawl fisheries and consider classifying the small mesh and
large mesh bottom trawl fisheries as separate fisheries on the LOF.
Response: NMFS received the request for an updated assessment for
long-finned pilot whales and the subsequent request to use this
information for analyses under the LOF, including splitting the bottom
trawl fishery based on mesh size. At this time, we are unable to
provide an update to the LOF classifications impacted by long-finned
pilot whale bycatch without further information about pilot whale
abundance in Canada. Updated Canadian stock assessments are currently
being calculated and are expected in 2019. Future SARs will include
updates to the pilot whale assessments as information becomes
available.
Comment 16: The Commission does not agree with NMFS' proposal to
remove the Western North Atlantic stock of gray seals from the list of
species and/or stocks incidentally killed or injured in the Category II
mid-Atlantic mid-water trawl fishery. The Commission recommends NMFS
retain the Western North Atlantic stock of gray seals on the list of
species and/or stocks incidentally killed or injured because NMFS'
guidelines allow it to keep a stock with no deaths or injuries within
the LOF timeframe on the list if there was no observer coverage of the
fishery, or if there is evidence to suggest that undocumented
interactions are occurring. Although there was observer coverage of the
mid-Atlantic mid-water trawl fishery during the 2019 LOF timeframe,
that coverage was nominal--just 2 to 6 percent. As previously noted by
the Commission, rare mortality or serious injury events can be missed
for several years, especially when observer coverage is extremely low.
The
[[Page 22059]]
Commission also notes the 2018 draft SAR for Western North Atlantic
gray seals documented continued strandings within the range of the mid-
Atlantic mid-water trawl fishery, and some of these stranding had signs
of fisheries interactions. Therefore, the Commission recommends that
NMFS retain Western North Atlantic gray seals on the list of stocks
incidentally killed or injured in the mid-Atlantic mid-water trawl
fishery.
Response: In general, species are listed as incidentally killed or
injured in a particular fishery based on data observed from the last
five years. The list contained in the LOF is not intended to serve as a
historical overview of takes as that data is available in individual
species SARs as well as Appendix III.
From 2011-2015, no mortalities or injuries of gray seals were
observed or reported in the mid-Atlantic mid-water trawl fishery (Hayes
et al., 2018). During this time-frame, the estimated percent observer
coverage (trips) for the mid-Atlantic midwater trawl fishery was 41,
21, 7, 5, and 3%, respectively. Observer coverage includes both
observers and at-sea monitors and averages 15.8% from 2011-2015. While
strandings may occur in areas that overlap with the range of the mid-
Atlantic mid-water trawl fishery, there are also several other
fisheries that operate in this area. There is no evidence to support
that these strandings were caused by the mid-Atlantic mid-water trawl
fishery specifically. The removal of the Western North Atlantic stock
of gray seals from the list of species incidentally killed or injured
(Table 2) in this fishery does not impact the categorization of the
fisheries in question as other species taken are driving the current
categorization. NMFS will annually monitor bycatch of marine mammals in
the Mid-Atlantic Mid-water trawl fishery, and will make adjustments to
Table 2 should takes occur again in the future. NMFS has removed the
Western North Atlantic stock of gray seals from the list of species
and/or stocks incidentally killed or injured in the Category II mid-
Atlantic mid-water trawl fishery.
Comment 17: The MLA requests NMFS reclassify the Maine lobster
fishery as a stand-alone fishery, instead of including the fishery as
part of the broader Category I Northeast/mid-Atlantic American lobster
pot fishery.
MLA notes that the Maine lobster fishery is the largest lobster
fishery, representing 83 percent of U.S. American lobster landings
(NOAA Commercial Fisheries Statistics), and data concerning the Maine
lobster fishery's interaction with endangered large whales should be
separated from that of other fishery regions with different levels of
endangered large whale interactions. MLA states that in 2017, the state
of Maine issued 5,900 lobster licenses. The majority (4,700) are small
operations fishing seasonally from May through November within state
waters.
MLA notes the 2018 draft North Atlantic right whale SAR identifies
28 individual serious injury and mortality cases from 2012 to 2016. Of
these cases, two were attributed to the Canadian snow crab fishery, one
to a U.S. trap/pot fishery and one to an unknown U.S. fishery where no
gear was recovered. The gear in the other 24 cases could not be
attributed to a particular fishery or country and nine had no gear
present at all.
MLA states that based on NMFS entanglement records from 2000 to
2018, there has been only one right whale (#3120) confirmed entangled
in Maine gear in April 2002 and the entanglement did not result in a
mortality or serious injury. The only other record of Maine gear listed
in the NMFS entanglement database relates to right whale #3146.
However, the Maine lobster gear was a minor portion of a large gear
ball the whale had been carrying and was not the primary entanglement.
MLA believes that based on recent data showing a shift in right
whale distribution away from the Gulf of Maine, and lack of data on
interactions between Maine lobster gear and right whales, NMFS should
list the Maine state waters lobster fishery as a Category III fishery,
and the Maine Federal waters lobster fishery as a Category II fishery.
Response: Entanglement in trap/pot gear is one of the largest
threats that North Atlantic large whales face and attributing gear from
entanglement events to a specific fishery and geographic location is
difficult. The long distances the whales travel and transport gear
before being sighted; rarity of actually sighting an entangled whale
compared to the estimated entanglement rates; lack of adequate observer
coverage on trap/pot fisheries, particularly state trap/pot fisheries;
challenges in recovering gear if a whale is disentangled; and low
likelihood that recovered gear is marked with an adequate location
identifier all complicate our ability to identify discrete locations
where entanglements occur.
The Atlantic Large Whale Take Reduction Team (Team) has spent many
meetings and years grappling with this problem. NMFS introduced the
concept of gear marking in 1998 under the Atlantic Large Whale Take
Reduction Plan (Plan). The gear marking strategy has been continually
updated over the past two decades, with the more recent refinements
being added in 2015 to continue helping determine where the highest
risk of entanglement occurs. However, despite the current gear marking
requirements, recovering gear entangling whales that possesses gear
marks has remained low. This may indicate that whales are becoming
entangled in areas where gear marking is not currently required or that
the current gear marking strategy is inadequate to determine the
spatial risk of where entanglements occur. Through the Team process, we
are exploring additional ways to continue refining gear marking to help
address these important questions.
While recovering marked gear from entangled large whales is rare,
there were three documented cases between 2011-2016 where gear was
recovered from disentangled North Atlantic right whales that were
marked with red markings. Under the Plan gear marking requirements,
this red marking represents the Northern Inshore State Waters and
Northern Nearshore trap/pot Atlantic Large Whale Take Reduction Plan
management areas, which includes areas where Maine lobstermen fish.
Specifically, both areas are large and incorporate waters off
Massachusetts, New Hampshire; and offshore. Both areas also overlap
Maine state waters and Federal waters where Maine lobstermen operate.
The specific trap/pot gear from two of these entanglements could not be
identified. However, gear from one of the entanglement events (the 2016
event) with red markings was identified as lobster gear. With increased
gear marking in the future, we will be better able to determine if
fisheries in specific geographic areas should be reviewed for changes
to categorization on the LOF. We commend the state of Maine for
pursuing additional gear marking independent of the Team process.
Additionally, if Maine state and Federal fisheries implement gear
modifications to eliminate risk to large whales, such as vertical
lineless technologies, we would evaluate that fishing gear according to
the level of risk posed to marine mammals especially if it that risk is
different from traditional fishing gear.
Comment 18: CBD, HSUS and WDC request NMFS consider the impacts of
the mid-Atlantic gillnet fishery on the endangered North Atlantic right
whale, because there is a clear analog in the mid-Atlantic to risk that
is well known in the Northeast. The commenters
[[Page 22060]]
recommend adding the North Atlantic right whale to the list of stocks
incidentally killed or injured in the mid-Atlantic gillnet fishery.
The commenters note that survey data, as well as opportunistic
sightings and stranding data, suggest that right whales use the waters
south of Nantucket and Martha's Vineyard year-round. According to the
Northeast Fisheries Management Council, these waters are also a high
use area for gillnet and pot/trap fisheries. CBD, HSUS and WDC note
right whales are known to interact with gillnet fisheries and appear to
do so disproportionately to other gear types. For example, 33 percent
(8/24) of the right whale entanglement cases documented between 2010
and 2013 were in gear consistent with the gillnet fishery.
CBD, HSUS and WDC also note the distribution of right whales has
dramatically shifted since 2010, likely in response to changes in
climate and prey availability. As a result, it would appear that right
whales' year-round use of the potentially productive waters in the mid-
Atlantic is likely to increase and, as a result, so will their risk of
entanglement in gillnets in the area. This increased risk to right
whales should be considered in the categorization of the mid-Atlantic
gillnet fishery.
Response: The mid-Atlantic gillnet fishery is listed as a Category
I fishery in the 2019 LOF. The list of species and/or stocks
incidentally killed or injured in the mid-Atlantic gillnet fishery
includes those species the fishery has killed/injured during the last
five years. The North Atlantic right whale is not included in this list
because we do not have information that links this fishery to an
entangled right whale from 2011-2015 (Hayes et al., 2018). As
previously stated, Table 2 does not serve as a historical reference of
takes within a fishery or serve as an inclusive list for potential risk
a fishery poses to species.
Between 2011-2015, there were two North Atlantic right whale
entanglements in gillnet gear where the specific fishery and location
of the entanglement could not be identified. In this timeframe, there
were an additional 22 entanglements where the entangling gear and
location could not be identified. Because North Atlantic right whales
entanglements have been documented in unidentified gillnet gear, we
acknowledge that gillnets throughout the range pose a threat of
entanglement or serious injury to this species, especially given the
level of uncertainty regarding where large whale entanglements occurs.
We recognize this risk by including this fishery in management efforts
associated with the Atlantic Large Whale Take Reduction Team and Plan
(see Table 4).
Comment 19: CBD, HSUS and WDC support adding the northern Gulf of
Mexico stock of sperm whales to the list of species and/or stocks
incidentally killed or injured in the Atlantic Ocean, Caribbean, Gulf
of Mexico large pelagics longline fishery and recommends adding a
reference in the LOF to support this change.
Response: NMFS has added the northern Gulf of Mexico stock of sperm
whales to the list of species and/or stocks incidentally killed or
injured in the Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics
longline fishery as proposed. Additional information about the northern
Gulf of Mexico sperm whale entanglement in the pelagic longline fishery
is available in NOAA Technical Memorandum, NOAA NMFS-SEFSC-709
(Garrison and Stokes, 2017).
Comments on Aquaculture
Comment 20: In response to NMFS' request for information on
existing and anticipated gear types used for coastal and offshore
aquaculture facilities, CBD, HSUS and WDC provided information on
finfish, longline, marine algae and shellfish aquaculture. CBD, HSUS
and WDC commented on the risk of cetacean entanglements in fish pens,
longline aquaculture, marine algae culture and shellfish aquaculture
fixed gear.
CBD, HSUS and WDC noted two humpback whales were entangled in a
single Canadian aquaculture array in 2016. Both whales were reportedly
entangled in the array's anchorage system with at least one of the
whales dying as a result of the entanglement. In addition, an
endangered North Pacific right whale was found seriously entangled in a
shellfish aquaculture array in Korea.
Response: NMFS thanks the commenters for providing this information
on various aquaculture operations and will review and consider it in
future LOFs.
Summary of Changes From the Proposed Rule
NMFS retains the MHI Insular stock of false killer whales on the
list of species and/or stocks incidentally killed or injured in the
Category I Hawaii deep-set longline fishery based on the overlap of the
stock's range with HI deep-set longline fishing operations and the
documentation of MHI Insular false killer whale injuries consistent
with fisheries interactions that have not been attributed to a specific
fishery.
Summary of Changes to the LOF for 2019
The following summarizes changes to the LOF for 2019, including 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. The classifications and definitions of U.S.
commercial fisheries for 2019 are identical to those provided in the
LOF for 2018. 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 adds 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).
Number of Vessels/Persons
NMFS updates 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.
List of Species and/or Stocks Incidentally Killed or Injured in the
Pacific Ocean
NMFS adds the Hawaii stock of rough-toothed dolphin to the list of
species and/or stocks incidentally killed or injured in the Category I
Hawaii deep-set longline fishery.
NMFS adds the Western North Pacific and Central North Pacific
humpback whale stocks to the list of species and/or stocks incidentally
killed or injured in the Category II AK Kodiak salmon set gillnet
fishery.
[[Page 22061]]
NMFS adds the Eastern Chukchi Sea, Eastern Bering Sea, and Bristol
Bay stocks of beluga whale to the list of species and/or stocks
incidentally killed or injured in the Category II AK Bering Sea,
Aleutian Islands pollock trawl fishery.
NMFS adds the southern sea otter to the list of species and/or
stocks incidentally killed or injured in the Category II CA spiny
lobster fishery.
NMFS adds the Eastern North Pacific stock of blue whales to the
list of species and/or stocks incidentally killed or injured in the
Category II CA Dungeness crab pot fishery. In addition, NMFS adds a
superscript ``1'' to the stock to indicate it is driving the
classification of the fishery.
NMFS adds the Eastern North Pacific AK resident stock of killer
whale and AK spotted seal to the list of species and/or stocks
incidentally killed or injured in the Category II AK Bering Sea,
Aleutian Islands Pacific cod longline fishery.
NMFS adds the Western U.S. stock of Steller sea lion to the list of
species and/or stocks incidentally killed or injured in the Category II
AK Gulf of Alaska sablefish longline fishery.
NMFS adds the Central North Pacific stock of humpback whale to the
list of species and/or stocks incidentally killed or injured in the
Category III AK Prince William Sound salmon set gillnet fishery.
NMFS adds the Western North Pacific stock of humpback whale to the
list of species and/or stocks incidentally killed or injured in the
Category III AK Kodiak salmon purse seine fishery.
NMFS adds the Central North Pacific stock of humpback whale to the
list of species and/or stocks incidentally killed or injured in the
Category III AK Southeast salmon purse seine fishery.
NMFS adds the Eastern Pacific stock of northern fur seal and North
Pacific stock of sperm whale to the list of species and/or stocks
incidentally killed or injured in the Category III AK Bering Sea,
Aleutian Islands halibut longline fishery.
NMFS adds the AK stock of bearded seal to the list of species and/
or stocks incidentally killed or injured in the Category III AK Bering
Sea, Aleutian Islands Pacific cod trawl fishery.
NMFS adds the AK stock of harbor seal and Western U.S. stock of
Steller sea lion to the list of species and/or stocks incidentally
killed or injured in the Category III AK Gulf of Alaska flatfish trawl
fishery.
NMFS adds the AK stock of harbor seal to the list of species and/or
stocks incidentally killed or injured in the Category III AK Gulf of
Alaska Pacific cod trawl fishery.
NMFS adds the Western U.S. stock of Steller sea lion to the list of
species and/or stocks incidentally killed or injured in the Category
III AK Gulf of Alaska rockfish trawl fishery.
NMFS adds the Western Arctic stock of bowhead whale to the list of
species and/or stocks incidentally killed or injured in the Category
III AK Bering Sea, Aleutian Islands crab pot fishery.
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
Fishery Name and Organizational Changes and Clarification
NMFS removes 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.
NMFS removes 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.
NMFS adds 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.
NMFS adds 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.
NMFS adds 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.
Number of Vessels/Persons
NMFS updates the estimated number of vessels/persons in the
Atlantic Ocean, Gulf of Mexico, and Caribbean (Table 2) as follows:
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.
List of Species and/or Stocks Incidentally Killed or Injured in the
Atlantic Ocean, Gulf of Mexico, and Caribbean
NMFS removes the WNA stock of harp seal from the stocks listed as
incidentally killed or injured in the Category I Mid-Atlantic gillnet
fishery.
NMFS adds the Northern Gulf of Mexico stock of sperm whale to the
list of species and/or stocks incidentally killed or injured in the
Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics
longline fishery.
NMFS adds the Gulf of Mexico Eastern Coastal stock of bottlenose
dolphin to the list of species and/or stocks incidentally killed or
injured in the Category II Gulf of Mexico gillnet fishery.
NMFS removes 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.
NMFS removes 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.
NMFS adds two stocks of bottlenose dolphins to the list species
and/or 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; and (2) Mississippi River
Delta.
NMFS removes 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.
NMFS removes two stocks of pilot whales from the list of species
and/or 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.
Commercial Fisheries on the High Seas
Number of Vessels/Persons
NMFS updates 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
[[Page 22062]]
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 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 adds the Hawaii stock of fin whale, Guadalupe fur seal and
unknown stock of Mesoplodon species to the list of species and/or
stocks incidentally killed or injured in the Category II Western
Pacific Pelagic (HI shallow-set component) longline fishery.
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, 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
[[Page 22063]]
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, MHI
Insular; \1\ False
killer whale, HI
Pelagic; \1\ False
killer whale, NWHI;
Humpback whale,
Central North
Pacific; Kogia spp.
(Pygmy or dwarf
sperm whale), HI;
Pygmy killer whale,
HI; Risso's
dolphin, HI; Rough-
toothed dolphin,
HI; Short-finned
pilot whale, HI;
Sperm whale, HI;
Striped dolphin,
HI.
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
Gillnet Fisheries:
CA thresher shark/ 18................. Bottlenose dolphin,
swordfish drift gillnet CA/OR/WA offshore;
(>=14 in mesh) *. California sea
lion, U.S.; Dall's
porpoise, CA/OR/WA;
Humpback whale, CA/
OR/WA; Long-beaked
common dolphin, CA;
Minke whale, CA/OR/
WA; Northern
elephant seal, CA
breeding; Northern
right-whale
dolphin, CA/OR/WA;
Pacific white-sided
dolphin, CA/OR/WA;
Risso's dolphin, CA/
OR/WA; Short-beaked
common dolphin, CA/
OR/WA; Short-finned
pilot whale, CA/OR/
WA; \1\ Sperm
Whale, CA/OR/WA.\1\
CA halibut/white seabass 50................. California sea lion,
and other species set U.S.; Harbor seal,
gillnet (>3.5 in mesh). CA; Humpback whale,
CA/OR/WA; \1\ Long-
beaked common
dolphin, CA;
Northern elephant
seal, CA breeding;
Sea otter, CA;
Short-beaked common
dolphin, CA/OR/WA.
CA yellowtail, barracuda, 30................. California sea lion,
and white seabass drift U.S.; Long-beaked
gillnet (mesh size >=3.5 common dolphin, CA;
in and <14 in) \2\. Short-beaked common
dolphin, CA/OR/WA.
AK Bristol Bay salmon 1,862.............. Beluga whale,
drift gillnet \2\. Bristol Bay; Gray
whale, Eastern
North Pacific;
Harbor seal, Bering
Sea; Northern fur
seal, Eastern
Pacific; Pacific
white-sided
dolphin, North
Pacific; Spotted
seal, AK; Steller
sea lion, Western
U.S.
AK Bristol Bay salmon set 979................ Beluga whale,
gillnet \2\. Bristol Bay; Gray
whale, Eastern
North Pacific;
Harbor seal, Bering
Sea; Northern fur
seal, Eastern
Pacific; Spotted
seal, AK.
AK Kodiak salmon set 188................ Harbor porpoise,
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).
[[Page 22064]]
WA Puget Sound Region 210................ Dall's porpoise, CA/
salmon drift gillnet OR/WA; Harbor
(includes all inland porpoise, inland
waters south of U.S.- 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:
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.
[[Page 22065]]
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:
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/setline
(including sablefish,
rockfish, lingcod, and
miscellaneous finfish).
WA/OR/CA groundfish, 367................ Bottlenose dolphin,
bottomfish longline/set CA/OR/WA offshore.
line.
WA/OR Pacific halibut 350................ None documented.
longline.
CA pelagic longline...... 1.................. None documented in
the most recent
five years of data.
HI kaka line............. 15................. None documented.
HI vertical line......... 3.................. None documented.
Trawl Fisheries:
AK Bering Sea, Aleutian 13................. 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.
[[Page 22066]]
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).
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 1092............... 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.
[[Page 22067]]
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.
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).
[[Page 22068]]
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\
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:
[[Page 22069]]
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.
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:
[[Page 22070]]
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:
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
Estimated and/or stocks
Fishery description Number HSFCA incidentally killed or
permits injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
Longline Fisheries:
[[Page 22071]]
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 **.
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.
[[Page 22072]]
[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.
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
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) at the proposed rule stage that this rule would
not have a significant economic impact on a substantial number of small
entities. No comments were received on that certification, and no new
information has been discovered to change that conclusion. Accordingly,
no regulatory flexibility analysis is required, and none has been
prepared.
This rule contains 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 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 determined that publishing this 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 that would preclude application of this
categorical exclusion. If NMFS takes a
[[Page 22073]]
management action, for example, through the development of a TRP, NMFS
would first prepare an Environmental Impact Statement (EIS) or
Environmental Assessment (EA), as required under NEPA, specific to that
action.
This rule would not affect species listed as threatened or
endangered under the ESA or their associated critical habitat. The
impacts of numerous fisheries have been analyzed in various biological
opinions, and this rule will not affect the conclusions of those
opinions. The classification of fisheries on the LOF is not considered
to be a management action that would adversely affect threatened or
endangered species. If NMFS takes a management action, for example,
through the development of a TRP, NMFS would consult under ESA section
7 on that action.
This rule would have no adverse impacts on marine mammals and may
have a positive impact on marine mammals by improving knowledge of
marine mammals and the fisheries interacting with marine mammals
through information collected from observer programs, stranding and
sighting data, or take reduction teams.
This rule would not affect the land or water uses or natural
resources of the coastal zone, as specified under section 307 of the
Coastal Zone Management Act.
References
Baird, R.W., S.D. Mahaffy, A.M. Gorgone, T. Cullins, D.J. McSweeney,
E.M. Oelson, A.L. Bradford, J. Barlow, D.L. Webster. False Killer
Whales and Fisheries Interaction in Hawaiian Waters: Evidence for
Sex Bias and Variation Among Populations and Social Groups. 2014.
Marine Mammal Science 31(2): 579-590.
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., K.A. Forney, E. Oleson, D.W. Weller, A.R. Lang, J.
Baker, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. Lowry,
J.Barlow, J.E. Moore, D. Lynch, L. Carswell, and R.L. Brownell Jr.
2017. U.S. Pacific Marine Mammal Stock Assessments: 2016. NOAA
Technical Memorandum NOAA-TM-NMFS-SWFSC-577. 414 p.
Carretta, J.V., M.M. Muto, S. Wilkin, J. Greenman, K. Wilkinson, D.
Lawson, J. Viezbicke, and J. Jannot. 2017a. Sources of human-related
injury and mortality for U.S. Pacific west coast marine mammal
stocks assessments, 2011-2015. NOAA Technical Memorandum, NOAA-TM-
NMFS-SWFSC-579. 126 p.
Garrison, L.P. and Stokes, L. 2017. Estimated Bycatch of Marine
Mammals and Sea Turtles in the U.S. Atlantic Pelagic Longline Feet
During 2015. NOAA Technical Memorandum, NOAA-NMFS-SEFSC-709. 67 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.
Saez, L., D. Lawson, M. DeAngelis, E. Petras, S. Wilkin, and C.
Fahy. 2013. Understanding the Co-occurrence of Large Whales and
Commercial Fixed Gear Fisheries off the West Coast of the United
States. NOAA Technical Memorandum, NOAA-TM-NMFS-SWR-044. 103 p.
Western Pacific Regional Fishery Management Council (WPRFMC). 2017.
Annual Stock Assessment and Fishery Evaluation Report: Fishery
Ecosystem Plan for the American Samoa Archipelago. 415 p.
Dated: May 10, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-10139 Filed 5-15-19; 8:45 am]
BILLING CODE 3510-22-P