[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

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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