[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Proposed Rules]
[Pages 59258-59278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20709]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 200915-0244]
RIN 0648-BJ72


List of Fisheries for 2021

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

ACTION: Proposed rule, request for comment.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
proposed List of Fisheries (LOF) for 2021, as required by the Marine 
Mammal Protection Act (MMPA). The LOF for 2021 reflects new information 
on interactions between commercial fisheries and marine mammals. NMFS 
must classify each commercial fishery on the LOF into one of three 
categories under the MMPA based upon the level of mortality and serious 
injury of marine mammals that occurs incidental to each fishery. The 
classification of a fishery on the LOF determines whether participants 
in that fishery are subject to certain provisions of the MMPA, such as 
registration, observer coverage, and take reduction plan (TRP) 
requirements.

DATES: Comments must be received by October 21, 2020.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2020-0054, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal:
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0054;
    2. Click the ``Comment Now!'' icon, complete the required fields;
    3. Enter or attach your comments.
    Mail: Submit written comments to Chief, Marine Mammal and Sea 
Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter N/A in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, Office of Protected 
Resources, 301-427-8402; Allison Rosner, Greater Atlantic Region, 978-
281-9328; Jessica Powell, Southeast Region, 727-824-5312; Dan Lawson, 
West Coast Region, 206-526-4740; Suzie Teerlink, Alaska Region, 907-
586-7240; Diana Kramer, Pacific Islands Region, 808-725-5167. 
Individuals who use a telecommunications device for the hearing 
impaired may call the Federal Information Relay Service at 1-800-877-
8339 between 8 a.m. and 4 p.m. Eastern time, Monday through Friday, 
excluding Federal holidays.

SUPPLEMENTARY INFORMATION:

What is the list of fisheries?

    Section 118 of the MMPA requires NMFS to place all U.S. commercial 
fisheries into one of three categories based on the level of incidental 
mortality and serious injury of marine mammals occurring in each 
fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the 
LOF determines whether participants in that fishery may be required to 
comply with certain provisions of the MMPA, such as registration, 
observer coverage, and take reduction plan requirements. NMFS must 
reexamine the LOF annually, considering new information in the Marine 
Mammal Stock Assessment Reports (SARs) and other relevant sources, and 
publish in the Federal Register any necessary changes to the LOF after 
notice and opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)).

How does NMFS determine in which category a fishery is placed?

    The definitions for the fishery classification criteria can be 
found in the implementing regulations for section 118 of the MMPA (50 
CFR 229.2). The criteria are also summarized here.

Fishery Classification Criteria

    The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all 
fisheries on each marine mammal stock and then addresses the impact of 
individual fisheries on each stock. This approach is based on 
consideration of the rate, in numbers of animals per year, of 
incidental mortalities and serious injuries of marine mammals due to 
commercial

[[Page 59259]]

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 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 ``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 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 List of Species and/or Stocks Incidentally Killed 
or Injured in 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. SARs are brief reports summarizing the status of each stock of 
marine mammals occurring in waters under U.S. jurisdiction, including 
information on the identity and geographic range of the stock, 
population statistics related to abundance, trend, and annual 
productivity, notable habitat concerns, and estimates of human-caused 
mortality and serious injury (M/SI) by source. 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 2021 LOF 
generally summarizes data from 2013-2017. 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 
5-year timeframe summarized in that year's LOF. For fisheries with no 
observer coverage and for observed fisheries with evidence indicating 
that undocumented interactions may be occurring (e.g., fishery has low 
observer coverage and stranding network data include evidence of 
fisheries interactions that cannot be attributed to a specific fishery) 
species and stocks may be retained for longer than 5 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 do not provide detailed 
information on observer

[[Page 59260]]

coverage in Category III fisheries because, under the MMPA, Category 
III fisheries are 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 with an asterisk (*) 
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 5 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/permit/high-seas-fishing-permits.

Where can I find specific information on fisheries listed on the LOF?

    Starting with the 2010 LOF, NMFS developed summary documents, or 
fishery fact sheets, for each Category I and II fishery on the LOF. 
These fishery fact sheets provide the full history of each Category I 
and II fishery, including: When the fishery was added to the LOF; the 
basis for the fishery's initial classification; classification changes 
to the fishery; changes to the list of species and/or stocks 
incidentally killed or injured in the fishery; fishery gear and methods 
used; observer coverage levels; fishery management and regulation; and 
applicable TRPs or TRTs, if any. These fishery fact sheets are updated 
after each final LOF and can be found under ``How Do I Find Out if a 
Specific Fishery is in Category I, II, or III?'' on the NMFS Office of 
Protected Resources' website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries, 
linked to the ``List of Fisheries Summary'' table. NMFS is developing 
similar fishery fact sheets for each Category III fishery on the LOF. 
However, due to the large number of Category III fisheries on the LOF 
and the lack of accessible and detailed information on many of these 
fisheries, the development of these fishery fact sheets is taking 
significant time to complete. NMFS began posting Category III fishery 
fact sheets online with the LOF for 2016.

Am I required to register under the MMPA?

    Owners of vessels or gear engaging in a Category I or II fishery 
are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50 
CFR 229.4, to register with NMFS and obtain a marine mammal 
authorization to lawfully take non-endangered and non-threatened marine 
mammals incidental to commercial fishing operations. Owners of vessels 
or gear engaged in a Category III fishery are not required to register 
with NMFS or obtain a marine mammal authorization.

How do I register, renew and receive my Marine Mammal Authorization 
Program 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 Greater Atlantic and Southeast Regions, 
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 who participate in fisheries in these regions 
and have not received authorization certificates by the beginning of 
the calendar year, or with renewed fishing licenses, must contact the 
appropriate NMFS Regional Office (see FOR FURTHER INFORMATION). 
Authorization certificates may also be obtained by visiting the MMAP 
website https://www.fisheries.noaa.gov/national/marine-mammal-
protection/

[[Page 59261]]

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).

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

    In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6, 
any vessel owner or operator, or gear owner or operator (in the case of 
non-vessel fisheries), participating in a fishery listed on the LOF 
must report to NMFS all incidental mortalities and injuries of marine 
mammals that occur during commercial fishing operations, regardless of 
the category in which the fishery is placed (I, II, or III) within 48 
hours of the end of the fishing trip or, in the case of non-vessel 
fisheries, fishing activity. ``Injury'' is defined in 50 CFR 229.2 as a 
wound or other physical harm. In addition, any animal that ingests 
fishing gear or any animal that is released with fishing gear 
entangling, trailing, or perforating any part of the body is considered 
injured, regardless of the presence of any wound or other evidence of 
injury, and must be reported.
    Mortality/injury reporting forms and instructions for submitting 
forms to NMFS can be found at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations or by contacting the appropriate regional office (see FOR 
FURTHER INFORMATION). Forms may be submitted via any of the following 
means: (1) Online using the electronic form; (2) emailed as an 
attachment to [email protected]; (3) faxed to the NMFS Office of 
Protected Resources at 301-713-0376; or (4) mailed to the NMFS Office 
of Protected Resources (mailing address is provided on the postage-paid 
form that can be printed from the web address listed above). Reporting 
requirements and procedures are found in 50 CFR 229.6.

Am I required to take an observer aboard my vessel?

    Individuals participating in a Category I or II fishery are 
required to accommodate an observer aboard their vessel(s) upon request 
from NMFS. MMPA section 118 states that the Secretary is not required 
to place an observer on a vessel if the facilities for quartering an 
observer or performing observer functions are so inadequate or unsafe 
that the health or safety of the observer or the safe operation of the 
vessel would be jeopardized; thereby authorizing the exemption of 
vessels too small to safely accommodate an observer from this 
requirement. However, U.S. Atlantic Ocean, Caribbean, or Gulf of Mexico 
large pelagics longline vessels operating in special areas designated 
by the Pelagic Longline Take Reduction Plan implementing regulations 
(50 CFR 229.36(d)) will not be exempted from observer requirements, 
regardless of their size. Observer requirements are found in 50 CFR 
229.7.

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

    Table 4 provides a list of fisheries affected by TRPs and TRTs. TRP 
regulations are found at 50 CFR 229.30 through 229.37. A description of 
each TRT and copies of each TRP can be found at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams. It is the responsibility of fishery 
participants to comply with applicable take reduction regulations.

Where can I find more information about the LOF and the MMAP?

    Information regarding the LOF and the MMAP, including registration 
procedures and forms; current and past LOFs; descriptions of each 
Category I and II fishery and some Category III fisheries; observer 
requirements; and marine mammal mortality/injury reporting forms and 
submittal procedures; may be obtained at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries, or from any NMFS Regional Office at the 
addresses listed below:
    NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic 
Drive, Gloucester, MA 01930-2298, Attn: Allison Rosner;
    NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 
33701, Attn: Jessica Powell;
    NMFS, West Coast Region, Long Beach Office, 501 W. Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213, Attn: Dan Lawson;
    NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 
9th Street, Juneau, AK 99802, Attn: Suzie Teerlink; or
    NMFS, Pacific Islands Regional Office, Protected Resources 
Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: 
Diana Kramer.

Sources of Information Reviewed for the 2021 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 established 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 2021 was based on, among other things, stranding data; 
fishermen self-reports; and SARs, primarily the 2019 SARs, which are 
based on data from 2013-2017. The SARs referenced in this LOF include: 
2016 (82 FR 29039; June 27, 2017), 2018 (84 FR 28489; June 19, 2019), 
and 2019 (84 FR 65353; November 27, 2019). The SARs are available at: 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region.

[[Page 59262]]

Summary of Changes to the LOF for 2021

    The following summarizes changes to the LOF for 2021, including the 
classification of fisheries, fisheries listed, the estimated number of 
vessels/persons in a particular fishery, and the species and/or stocks 
that are incidentally killed or injured in a particular fishery. NMFS 
re-classifies one fishery in the LOF for 2021. NMFS also makes changes 
to the estimated number of vessels/persons and list of species and/or 
stocks killed or injured in certain fisheries. The classifications and 
definitions of U.S. commercial fisheries for 2021 are identical to 
those provided in the LOF for 2020 with the changes discussed below. 
State and regional abbreviations used in the following paragraphs 
include: AK (Alaska), CA (California), HI (Hawaii), OR (Oregon), WA 
(Washington), and WNA (Western North Atlantic).

Commercial Fisheries in the Pacific Ocean

Classification of Fisheries

    NMFS proposes to reclassify the AK Bering Sea, Aleutian Islands 
Pacific cod pot fishery from a Category III to a Category II fishery 
based on an observed entanglement of a western North Pacific humpback 
whale in the Pacific cod pot fishery in 2017 (Delean et al., 2020). 
This entanglement was determined to be a serious injury and resulted in 
a mean annual estimated M/SI level of 0.2 (6.7 percent of PBR) for AK 
Bering Sea, Aleutian Islands Pacific cod pot fishery. Therefore, 
because the estimated M/SI is between 1 and 50 percent of PBR (Tier 2 
analysis), NMFS proposes to reclassify the AK Bering Sea, Aleutian 
Islands Pacific cod pot fishery from a Category III to a Category II 
fishery.

Fishery Name and Organizational Changes

    NMFS proposes to add a superscript ``1'' to the CA/OR/WA stock of 
minke whale indicating it is driving the Category II classification of 
the CA thresher shark/swordfish drift gillnet (>/=14 in mesh) fishery. 
The CA/OR/WA minke whale mean annual estimated M/SI is 0.1 whales (2.86 
percent of PBR) for the CA thresher shark/swordfish drift gillnet (>/
=14 in mesh) fishery (Carretta, 2020) and warrants a Category II 
classification (M/SI is between 1 and 50 percent of PBR) for this 
fishery.

Number of Vessels/Persons

    NMFS proposes to update the estimated number of vessels/persons in 
the Pacific Ocean (Table 1) as follows:
Category I
     HI deep-set longline fishery from 145 to 143 vessels/
persons;
Category II
     HI shallow-set longline fishery from 18 to 11 vessels/
persons;
     American Samoa longline fishery from 15 to 13 vessels/
persons; and
Category III
     American Samoa bottomfish handline fishery from fewer than 
30 to fewer than 20 vessels/persons.

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

    NMFS proposed to add the Aleutian Islands stock of harbor seal to 
the list of species/stocks incidentally killed or injured in the 
Category II AK Bering Sea, Aleutian Islands rockfish trawl fishery 
based on an observed mortality in 2014.
    NMFS proposes to add three stocks to the list of species/stocks 
incidentally killed or injured in the Category II AK Bering Sea, 
Aleutian Islands Pacific cod pot fishery: (1) Bristol Bay stock of 
harbor seal based on two observed mortalities in 2014, (2) Western 
North Pacific stock of humpback whale, and (3) Central North Pacific 
stock of humpback whale. In 2017, a humpback whale was observed 
entangled in the State-managed parallel Pacific cod pot fishery. This 
entanglement occurred in an area of humpback whale stock overlap and 
consistent with the current Guidelines for Assessing Marine Mammal 
Stocks (GAMMS), the serious injury was assigned to both the Western 
North Pacific and Central North Pacific stocks (Delean et al., 2020).
    NMFS proposes to add the both Eastern North Pacific Gulf of Alaska, 
Aleutian Islands, and Bering Sea Transient stock, and West Coast 
Transient stock, of killer whales to the list of species/stocks 
incidentally killed or injured in the Category II CA Dungeness crab pot 
fishery. In 2015, a dead killer whale was reported entangled in CA 
Dungeness crab pot gear in California. Genetic analysis indicated the 
animal was a transient whale from either the Eastern North Pacific Gulf 
of Alaska, Aleutian Islands, and Bering Sea Transient stock, or the 
West Coast Transient stock (Delean et al., 2020). In 2016, a West Coast 
transient killer whale was reported entangled in CA Dungeness crab pot 
gear before self-releasing without serious injury (Delean et al., 
2020).
    NMFS proposes to add two stocks to the list of species/stocks 
incidentally killed or injured in the Category III CA squid purse seine 
fishery: (1) CA/OR/WA stock of Risso's dolphin and (2) U.S. stock of 
California sea lion. In 2020, NMFS received video footage taken in 2018 
depicting evidence of Risso's dolphins and California sea lions 
incidentally captured in a squid purse seine operating off the coast of 
California.
    NMFS proposes to add the Cook Inlet stock of harbor seal to the 
list of species/stocks incidentally killed or injured in the Category 
III AK Gulf of Alaska halibut longline fishery based on an observed 
mortality in 2015.
    NMFS proposes to add the Aleutian Islands stock of harbor seal to 
the list of species/stocks incidentally killed or injured in the 
Category III AK Bering Sea, Aleutian Islands Atka mackerel trawl 
fishery based on an observed mortality in 2016.
    NMFS proposes to add the U.S. stock of California sea lion to the 
list of species/stocks incidentally killed or injured in the Category 
III WA/OR/CA shrimp trawl fishery. In 2017, a California sea lion was 
incidentally captured and released (non-serious injury) from a 
ridgeback prawn trawl net off the coast of California (Carretta et al., 
2020).
    NMFS proposes to add two stocks to the list of species/stocks 
incidentally killed or injured in the Category III WA/OR/CA groundfish 
trawl fishery: (1) California breeding stock of northern elephant seal 
and (2) CA/OR/WA stock of northern right whale dolphin. Six northern 
elephant seal mortalities occurred off the coast of California, Oregon 
and Washington, four in 2015 and two in 2016 (Carretta et al., 2020). 
In 2016, northern right whale dolphin was incidentally killed in a 
catcher processor midwater trawl gear off the coast of Oregon (Carretta 
et al., 2020).
    NMFS proposes to add to the Western North Pacific stock of humpback 
whale to the list of species/stocks incidentally killed or injured in 
the Category III AK/WA/OR/CA commercial passenger fishing vessel 
fishery for a ship strike that occurred in 2017. NMFS proposes to 
remove three stocks from the list of species/stocks incidentally killed 
or injured in the Category II AK Bering Sea, Aleutian Islands pollock 
trawl fishery: (1) Alaska stock of ringed seal, (2) Central North 
Pacific stock of humpback whale and (3) Western North Pacific stock of 
humpback whale based on no recently observed mortalities or injuries.
    NMFS proposes to remove the Alaska stock of ringed seal from the 
list of species/stocks incidentally killed or injured in the Category 
II AK Bering Sea, Aleutian Islands Pacific cod

[[Page 59263]]

longline fishery based on no recently observed mortalities or injuries.
    NMFS proposes to remove the Western U.S. stock of Steller sea lion 
from the list of species/stocks incidentally killed or injured in the 
Category II AK Gulf of Alaska sablefish longline fishery based on no 
recently observed mortalities or injuries.
    NMFS proposes to remove the Alaska stock of ringed seal from the 
list of species/stocks incidentally killed or injured in the Category 
III AK Bering Sea, Aleutian Islands Pacific cod trawl based on no 
recently observed mortalities or injuries.
    NMFS proposes to remove the Alaska stock of harbor seal from the 
list of species/stocks incidentally killed or injured in the Category 
III AK Gulf of Alaska flatfish trawl fishery based on no recently 
observed mortalities or injuries.

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

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to add a superscript ``1'' to the following four 
stocks to indicate they are driving the Category II classification of 
the Northeast trawl fishery: (1) Western North Atlantic stock of 
Risso's dolphin, (2) Western North Atlantic stock of long-finned pilot 
whale, (3) Western North Atlantic offshore stock of bottlenose dolphin, 
and (4) Western North Atlantic stock of gray seal. The Risso's dolphin 
mean annual mortality in the Northeast trawl fishery is an estimated 
4.2 animals, which represents 1.4 percent of the stock's PBR (303). The 
long-finned pilot whale mean annual mortality in this fishery is an 
estimated 15 animals, which represents 4.9 percent of the stock's PBR 
(306). The bottlenose dolphin mean annual mortality is an estimated 
10.4 animals, which represents 2 percent of the stock's PBR (519). The 
gray seal mean annual mortality is an estimated 16 animals, which 
represents 1.2 percent of the stock's PBR (1,389). Observer coverage 
for this fishery from 2013-2017 was 15, 17, 19, 12 and 16 percent, 
respectively
    NMFS proposes to clarify the fishery description of the Category II 
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery. NMFS 
clarifies that this fishery targets shrimp species with various gear 
types, but mainly utilizes skimmer or otter trawls. These gear types 
likely entangle marine mammals, particularly bottlenose dolphins, in 
very similar ways. The common entangling mechanism of these gear types 
are the ``lazy'' or ``easy'' line.
    NMFS proposes to clarify the fishery description of the Category I 
Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline 
fishery. NMFS clarifies that the fishery does not target bluefin tuna, 
shortfin mako sharks and other shark species.
    NMFS clarifies its response to Comment 14 in the 2020 Final LOF (85 
FR 21079; April 16, 2020). In Comment #14, Maine Lobstermen's 
Association (MLA) notes ``there has been only one right whale entangled 
in Maine gear in April 2002, and the entanglement was determined to be 
a non-serious injury. There are two additional non-serious injury 
entanglement cases that involved Maine lobster gear. However, Maine 
lobster gear was not the primary entangling gear in these cases.'' In 
the 2020 Final LOF, NMFS' response in part to this comment stated: ``We 
recognize that there has only been one confirmed mortality (in 2012) in 
American lobster gear in the past decade. All other documented lobster 
interactions were determined to result in non-serious injuries. 
However, there have been a number of entanglements for which 
interventions occurred because these entanglements were determined to 
be resulting in serious injuries (Henry et al., 2019).''
    NMFS clarifies part of the response to Comment #14 to state: We 
recognize there has been only one confirmed mortality (in 2012) in the 
past decade in U.S. Northern inshore/nearshore trap/pot gear which 
could be gear from the Northeast/Mid-Atlantic American lobster trap/pot 
fishery or the Atlantic mixed species trap/pot fishery. All other 
documented lobster interactions were determined to result in non-
serious injuries. However, there have been a number of entanglements 
for which interventions occurred because these entanglements were 
determined to be resulting in serious injuries (Henry et al., 2019).

Number of Vessels/Persons

    NMFS proposes updates to the estimated number of vessels/persons in 
the Atlantic Ocean, Gulf of Mexico, and Caribbean (Table 2) as follows:
Category I
     Mid-Atlantic gillnet fishery from 3,950 to 4,020 vessels/
person;
     Northeast sink gillnet fishery from 3,163 to 4,072 
vessels/persons;
Category II
     Chesapeake Bay inshore gillnet fishery from 248 to 265 
vessels/persons;
     Northeast bottom trawl fishery from 2,238 to 968 vessels/
persons;
     Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl 
fishery from 4,950 to 10,824 vessels/persons;
     Atlantic mixed species trap/pot fishery from 3,332 to 
3,493 vessels/persons;
     Mid-Atlantic menhaden purse seine fishery from 19 to 17 
vessels/persons;
     Virginia pound net fishery from 26 to 20 vessels/persons;
Category III
     Caribbean gillnet fishery from >991 to 127 vessels/
persons;
     Caribbean mixed species trap/pot fishery from >501 to 154 
vessels/persons;
     Caribbean spiny lobster trap/pot fishery from >197 to 40 
vessels/persons; and
     Caribbean haul/beach seine fishery from 15 to 38 vessels/
person.
    NMFS notes there is variability in the estimated number of vessels/
persons in the Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl 
fishery. This variability is due to multiple permitting agencies, 
differences in fishery management, and artifacts with available data 
sets. A complete explanation of the variability is available in the 
Environmental Impact Statement to Reduce the Incidental Bycatch and 
Mortality of Sea Turtles in the Southeastern U.S. Shrimp Fisheries 
(November 4, 2019).

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

    NMFS proposes to add the Mobile Bay, Bonsecour Bay stock of 
bottlenose dolphin to the list of species/stocks incidentally killed or 
injured in the Category II Gulf of Mexico gillnet fishery based on one 
dead, stranded dolphin with gillnet lesions on the rostrum and a sliced 
ventrum in 2016. Dolphins entangled in gillnet gear often present with 
diagnostic lesions when stranded that can be identified by trained 
personnel (Kuiken, 1996, Read and Murray, 2000, Moore and Barco, 2013). 
In addition, gillnet fishermen will sometimes make a longitudinal slit 
along the ventral surface of the abdomen before discarding the carcass 
to reduce floating (Read and Murray, 2000). The Gulf of Mexico gillnet 
fishery is the only gillnet fishery in the Gulf of Mexico.
    NMFS proposes to add the Western North Atlantic offshore stock of 
bottlenose dolphin to the list of species/stocks incidentally killed or 
injured in the Category II mid-Atlantic mid-water trawl (including pair 
trawl) fishery based on a self-reported mortality in 2016.

[[Page 59264]]

    NMFS proposes to add the Puerto Rico and U.S. Virgin Islands stock 
of bottlenose dolphin to the list of species/stocks incidentally killed 
or injured in Category III Caribbean mixed species trap/pot fishery. In 
2014, one dolphin was entangled in trap/pot line. The animal was 
rescued and subsequently died.
    Following consultation with the U.S. Fish and Wildlife Service, 
NMFS proposes to add the Antillean subspecies (Puerto Rico stock) of 
West Indian manatee to the list of species/stocks incidentally killed 
or injured in Category III Caribbean haul/beach seine fishery based on 
two documented entanglements of manatees, one in 2009 and one in 2018.
    NMFS proposes to remove the Western North Atlantic offshore stock 
of bottlenose dolphin from the list of species/stocks incidentally 
killed or injured in the Category III Gulf of Maine, U.S. mid-Atlantic 
tuna, shark, swordfish hook-and line/harpoon fishery. From 2013 through 
2017, there were no reported or observed mortalities or injuries in 
this fishery (Hayes et al., in review).

Commercial Fisheries on the High Seas

Number of Vessels/Persons

    NMFS proposes updates to the estimated number of HSFCA permits for 
high seas fisheries (Table 3) as follows:
Category I
     Atlantic highly migratory species longline fishery from 53 
to 45 HSFCA permits;
     Western Pacific pelagic longline (HI deep-set component) 
fishery from 145 to 143 HSFCA permits;
Category II
     South Pacific tuna purse seine fishery from 33 to 26 HSFCA 
permits;
     South Pacific tuna longline fishery from 2 to 3 HSFCA 
permits;
     Western Pacific pelagic longline (HI shallow-set 
component) fishery from 18 to 11 HSFCA permits;
     Atlantic highly migratory species handline/pole and line 
fishery from 2 to 1 HSFCA permits;
     Pacific highly migratory species handline/pole and line 
fishery from 41 to 43 HSFCA permits;
     South Pacific albacore troll handline/pole and line 
fishery from 11 to 10 HSFCA permits;
     South Pacific albacore troll fishery from 17 to 18 HSFCA 
permits;
     Western Pacific pelagic troll fishery from 5 to 4 HSFCA 
permits;
Category III
     Northwest Atlantic bottom longline fishery from 3 to 2 
HSFCA permits;
     Pacific highly migratory species longline fishery from 108 
to 105 HSFCA permits; and
     Pacific highly migratory species troll fishery from 119 to 
111 HSFCA permits.

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 Where can I find more information about the LOF and 
the MMAP? subsection).
    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., MMAP 
reports), and anecdotal reports. The best available scientific 
information included in these reports is based on data through 2017. 
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., MMAP 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

[[Page 59265]]

are known to cause mortality or serious injury of marine mammals, as 
discussed in the final LOF for 1996 (60 FR 67063; December 28, 1995), 
and according to factors listed in the definition of a ``Category II 
fishery'' in 50 CFR 229.2 (i.e., fishing techniques, gear types, 
methods used to deter marine mammals, target species, seasons and areas 
fished, qualitative data from logbooks or fishermen reports, stranding 
data, and the species and distribution of marine mammals in the area). 
NMFS has designated those fisheries listed by analogy in Tables 1 and 2 
by adding 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 on 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 with an 
asterisk (*) after the fishery's name.

  Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
                                    Estimated     Marine mammal species
                                    number of         and/or stocks
      Fishery description           vessels/     incidentally  killed or
                                     persons             injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Longline/Set Line Fisheries:
    HI deep-set longline *                  143  Bottlenose dolphin, HI
     [supcaret].                                  Pelagic.
                                                 False killer whale, HI
                                                  Pelagic.\1\
                                                 False killer whale, MHI
                                                  Insular.\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.
                                                 Striped dolphin, HI.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
Gillnet Fisheries:
    CA thresher shark/swordfish              14  Bottlenose dolphin, CA/
     drift gillnet (>=14 in                       OR/WA offshore.
     mesh) *.                                    California sea lion,
                                                  U.S.
                                                 Dall's porpoise, CA/OR/
                                                  WA.
                                                 Gray whale, Eastern
                                                  North Pacific.
                                                 Humpback whale, CA/OR/
                                                  WA.
                                                 Long-beaked common
                                                  dolphin, CA.
                                                 Minke whale, CA/OR/
                                                  WA.\1\
                                                 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                 37  California sea lion,
     and other species set                        U.S.
     gillnet (>3.5 in mesh).                     Gray whale, Eastern
                                                  North Pacific.
                                                 Harbor seal, CA.
                                                 Humpback whale, CA/OR/
                                                  WA.\1\
                                                 Long-beaked common
                                                  dolphin, CA.
                                                 Northern elephant seal,
                                                  CA breeding.
                                                 Sea otter, CA.
                                                 Short-beaked common
                                                  dolphin, CA/OR/WA.
    CA yellowtail, barracuda,                22  California sea lion,
     and white seabass drift                      U.S.
     gillnet (mesh size >=3.5                    Long-beaked common
     in and <14 in) \2\.                          dolphin, CA.
                                                 Short-beaked common
                                                  dolphin, CA/OR/WA.
    AK Bristol Bay salmon drift           1,862  Beluga whale, Bristol
     gillnet \2\.                                 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, Bristol
     gillnet \2\.                                 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.

[[Page 59266]]

 
                                                 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 drift              569  Beluga whale, Cook
     gillnet.                                     Inlet.
                                                 Dall's porpoise, AK.
                                                 Harbor porpoise,
                                                  GOA.\1\
                                                 Harbor seal, GOA.
                                                 Steller sea lion,
                                                  Western U.S.
    AK Peninsula/Aleutian                   162  Dall's porpoise, AK.
     Islands salmon drift                        Harbor porpoise, GOA.
     gillnet \2\.
                                                 Harbor seal, GOA.
                                                 Northern fur seal,
                                                  Eastern Pacific.
    AK Peninsula/Aleutian                   113  Harbor porpoise, Bering
     Islands salmon set gillnet                   Sea.
     \2\.                                        Northern sea otter,
                                                  Southwest AK.
                                                 Steller sea lion,
                                                  Western U.S.
    AK Prince William Sound                 537  Dall's porpoise, AK.
     salmon drift gillnet.                       Harbor porpoise,
                                                  GOA.\1\
                                                 Harbor seal, GOA.
                                                 Northern fur seal,
                                                  Eastern Pacific.
                                                 Pacific white-sided
                                                  dolphin, North
                                                  Pacific.
                                                 Sea otter, South
                                                  central AK.
                                                 Steller sea lion,
                                                  Western U.S.\1\
    AK Southeast salmon drift               474  Dall's porpoise, AK.
     gillnet.
                                                 Harbor porpoise,
                                                  Southeast AK.
                                                 Harbor seal, Southeast
                                                  AK.
                                                 Humpback whale, Central
                                                  North Pacific.\1\
                                                 Pacific white-sided
                                                  dolphin, North
                                                  Pacific.
                                                 Steller sea lion,
                                                  Eastern U.S.
    AK Yakutat salmon set                   168  Gray whale, Eastern
     gillnet \2\.                                 North Pacific.
                                                 Harbor Porpoise,
                                                  Southeastern AK.
                                                 Harbor seal, Southeast
                                                  AK.
                                                 Humpback whale, Central
                                                  North Pacific
                                                  (Southeast AK).
    WA Puget Sound Region                   154  Dall's porpoise, CA/OR/
     salmon drift gillnet                         WA.
     (includes all inland                        Harbor porpoise, inland
     waters south of U.S.-                        WA.\1\
     Canada border and eastward                  Harbor seal, WA inland.
     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.
                                                 Harbor seal, AK.
                                                 Northern fur seal,
                                                  Eastern Pacific.
                                                 Ribbon seal, AK.
                                                 Spotted seal, AK.
                                                 Steller sea lion,
                                                  Western U.S.\1\
    AK Bering Sea, Aleutian                  17  Harbor seal, Aleutian
     Islands rockfish trawl.                      Islands.
                                                 Killer whale, ENP AK
                                                  resident.\1\
                                                 Killer whale, GOA, AI,
                                                  BS transient.\1\

[[Page 59267]]

 
                                                 Ribbon seal, AK.
Pot, Ring Net, and Trap
 Fisheries:
    AK Bering Sea, Aleutian                  59  Harbor seal, Bristol
     Islands Pacific cod pot.                     Bay.
                                                 Humpback whale, Central
                                                  North Pacific.
                                                 Humpback whale, Western
                                                  North Pacific.
    CA coonstripe shrimp pot...              14  Gray whale, Eastern
                                                  North Pacific.
                                                 Harbor seal, CA.
                                                 Humpback whale, CA/OR/
                                                  WA.
    CA spiny lobster...........             186  Bottlenose dolphin, CA/
                                                  OR/WA offshore.
                                                 Humpback whale, CA/OR/
                                                  WA.\1\
                                                 Gray whale, Eastern
                                                  North Pacific.
                                                 Southern sea otter.
    CA spot prawn pot..........              23  Gray whale, Eastern
                                                  North Pacific.
                                                 Humpback whale, CA/OR/
                                                  WA.\1\
                                                 Long-beaked common
                                                  dolphin, CA.
    CA Dungeness crab pot......             501  Blue whale, Eastern
                                                  North Pacific.\1\
                                                 Gray whale, Eastern
                                                  North Pacific.
                                                 Humpback whale, CA/OR/
                                                  WA.\1\
                                                 Killer whale, Eastern
                                                  North Pacific GOA,
                                                  BSAI transient.
                                                 Killer whale, West
                                                  Coast transient.
    OR Dungeness crab pot......             342  Gray whale, Eastern
                                                  North Pacific.
                                                 Humpback whale, CA/OR/
                                                  WA.\1\
    WA/OR/CA sablefish pot.....             155  Humpback whale, CA/OR/
                                                  WA.\1\
    WA coastal Dungeness crab               197  Gray whale, Eastern
     pot.                                         North Pacific.
                                                 Humpback whale, CA/OR/
                                                  WA.\1\
Longline/Set Line Fisheries:
    AK Bering Sea, Aleutian                  45  Killer whale, Eastern
     Islands Pacific cod                          North Pacific AK
     longline.                                    resident.
                                                 Killer whale, GOA, BSAI
                                                  transient.\1\
                                                 Northern fur seal,
                                                  Eastern Pacific.
                                                 Spotted seal, AK.
                                                 Steller sea lion,
                                                  Western U.S.
    AK Gulf of Alaska sablefish             295  Sperm whale, North
     longline.                                    Pacific.
                                                 Steller sea lion,
                                                  Eastern U.S.
    HI shallow-set longline *                11  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.
                                                 Striped dolphin, HI.
    American Samoa longline \2\              13  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, Norton           1,778  Harbor porpoise, Bering
     Sound, Kotzebue salmon                       Sea.
     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 River              110  California sea lion,
     (includes tributaries)                       U.S.
     drift gillnet.                              Harbor seal, OR/WA
                                                  coast.
    WA Willapa Bay drift                     82  Harbor seal, OR/WA
     gillnet.                                     coast.
                                                 Northern elephant seal,
                                                  CA breeding.
Miscellaneous Net Fisheries:
    AK Cook Inlet salmon purse               83  Humpback whale, Central
     seine.                                       North Pacific.
    AK Kodiak salmon purse                  376  Dall's porpoise, AK.
     seine.                                      Humpback whale, Central
                                                  North Pacific.

[[Page 59268]]

 
                                                 Humpback whale, Western
                                                  North Pacific.
    AK Southeast salmon purse               315  Humpback whale, Central
     seine.                                       North Pacific.
    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 Peninsula).                  William Sound.
    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  California sea lion,
                                                  U.S.
                                                 Long-beaked common
                                                  dolphin, CA.
                                                 Risso's dolphin, CA/OR/
                                                  WA.
                                                 Short-beaked common
                                                  dolphin, CA/OR/WA.
    CA tuna purse seine *......              10  None documented.
    WA/OR Lower Columbia River               10  None documented.
     salmon seine.
    WA/OR herring, smelt, squid             130  None documented.
     purse seine or lampara.
    WA salmon purse seine......              75  None documented.
    WA salmon reef net.........              11  None documented.
    HI lift net................              17  None documented.
    HI inshore purse seine.....              <3  None documented.
    HI throw net, cast net.....              23  None documented.
    HI seine net...............              24  None documented.
Dip Net Fisheries:
    CA squid dip net...........             115  None documented.
Marine Aquaculture Fisheries:
    CA marine shellfish                 unknown  None documented.
     aquaculture.
    CA salmon enhancement                    >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 aquaculture              23  None documented.
Troll Fisheries:
    WA/OR/CA albacore surface               705  None documented.
     hook and line/troll.
    CA halibut hook and line/           unknown  None documented.
     handline.
    CA white seabass hook and           unknown  None documented.
     line/handline.
    AK Bering Sea, Aleutian             unknown  None documented.
     Islands groundfish 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  Harbor seal, Cook
     longline.                                    Inlet.
                                                 Steller sea lion,
                                                  Eastern U.S.
    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, CA/
     bottomfish longline/set                      OR/WA offshore.
     line.                                       California sea lion,
                                                  U.S.
                                                 Northern elephant seal,
                                                  California breeding.
                                                 Sperm whale, CA/OR/WA.
                                                 Steller sea lion,
                                                  Eastern U.S.
    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:

[[Page 59269]]

 
    AK Bering Sea, Aleutian                  13  Bearded seal, AK.
     Islands Atka mackerel                       Harbor seal, Aleutian
     trawl.                                       Islands.
                                                 Steller sea lion,
                                                  Western U.S.
    AK Bering Sea, Aleutian                  72  Bearded seal, AK.
     Islands Pacific cod trawl.                  Ribbon seal, AK.
                                                 Steller sea lion,
                                                  Western U.S.
    AK Gulf of Alaska flatfish               36  Northern elephant seal,
     trawl.                                       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 rockfish               43  Steller sea lion,
     trawl.                                       Western U.S.
    AK Kodiak food/bait herring               4  None documented.
     otter trawl.
    AK shrimp otter trawl and                38  None documented.
     beam trawl.
    AK state-managed waters of                2  None documented.
     Prince William Sound
     groundfish trawl.
    CA halibut bottom trawl....              47  California sea lion,
                                                  U.S.
                                                 Harbor porpoise,
                                                  unknown.
                                                 Harbor seal, unknown.
                                                 Northern elephant seal,
                                                  CA breeding.
                                                 Steller sea lion,
                                                  unknown.
    CA sea cucumber trawl......              16  None documented.
    WA/OR/CA shrimp trawl......             300  California sea lion,
                                                  U.S.
    WA/OR/CA groundfish trawl..         160-180  California sea lion,
                                                  U.S.
                                                 Dall's porpoise, CA/OR/
                                                  WA.
                                                 Harbor seal, OR/WA
                                                  coast.
                                                 Northern elephant seal,
                                                  CA breeding.
                                                 Northern fur seal,
                                                  Eastern Pacific.
                                                 Northern right whale
                                                  dolphin, CA/OR/WA.
                                                 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                 540  Bowhead whale, Western
     Islands crab pot.                            Arctic.
                                                 Gray whale, Eastern
                                                  North Pacific.
    AK Gulf of Alaska crab pot.             271  None documented.
    AK Gulf of Alaska Pacific               116  Harbor seal, GOA.
     cod pot.
    AK Gulf of Alaska sablefish             248  None documented.
     pot.
    AK Southeast Alaska crab                375  Humpback whale, Central
     pot.                                         North Pacific
                                                  (Southeast AK).
    AK Southeast Alaska shrimp               99  Humpback whale, Central
     pot.                                         North Pacific
                                                  (Southeast AK).
    AK shrimp pot, except                   141  None documented.
     Southeast.
    AK octopus/squid pot.......              15  None documented.
    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..   fewer than 20  None documented.
    Commonwealth of the                      28  None documented.
     Northern Mariana Islands
     bottomfish.
    Guam bottomfish............            >300  None documented.
    HI aku boat, pole, and line              <3  None documented.
    HI bottomfish handline.....             578  None documented in
                                                  recent years.
    HI inshore handline........             357  None documented.
    HI pelagic handline........             534  None documented.
    WA groundfish, bottomfish               679  None documented.
     jig.

[[Page 59270]]

 
    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 Fissheries:
    AK scallop dredge..........      108 (5 AK)  None documented.
Dive, Hand/Mechanical
 Collection Fisheries:
    AK clam....................             130  None documented.
    AK Dungeness crab..........               2  None documented.
    AK herring spawn on kelp...             266  None documented.
    AK miscellaneous                        214  None documented.
     invertebrates handpick.
    HI black coral diving......              <3  None documented.
    HI fish pond...............               5  None documented.
    HI handpick................              46  None documented.
    HI lobster diving..........              19  None documented.
    HI spearfishing............             163  None documented.
    WA/CA kelp.................               4  None documented.
    WA/OR bait shrimp, clam                 201  None documented.
     hand, dive, or mechanical
     collection.
    OR/CA sea urchin, sea                    10  None documented.
     cucumber hand, dive, or
     mechanical collection.
Commercial Passenger Fishing
 Vessel (Charter Boat)
 Fisheries:
    AK/WA/OR/CA commercial        >7,000 (1,006  Humpback whale, Western
     passenger fishing vessel.              AK)   North Pacific.
                                                 Killer whale, 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; and
[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
------------------------------------------------------------------------
                                    Estimated     Marine mammal species
                                    number of         and/or stocks
      Fishery description           vessels/     incidentally  killed or
                                     persons             injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Gillnet Fisheries:
    Mid-Atlantic gillnet.......           4,020  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.
                                                 Hooded seal, WNA.
                                                 Humpback whale, Gulf of
                                                  Maine.
                                                 Minke whale, Canadian
                                                  east coast.
    Northeast sink gillnet.....           4,072  Bottlenose dolphin, WNA
                                                  offshore.

[[Page 59271]]

 
                                                 Common dolphin, WNA.
                                                 Fin whale, WNA.
                                                 Gray seal, WNA.\1\
                                                 Harbor porpoise, GME/
                                                  BF.
                                                 Harbor seal, WNA.
                                                 Harp seal, WNA.
                                                 Humpback whale, Gulf of
                                                  Maine.
                                                 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 of
     American lobster trap/pot.                   Maine.
                                                 Minke whale, Canadian
                                                  east coast.
                                                 North Atlantic right
                                                  whale, WNA.\1\
Longline Fisheries:
    Atlantic Ocean, Caribbean,              201  Atlantic spotted
     Gulf of Mexico large                         dolphin, Northern GMX.
     pelagics longline *.
                                                 Bottlenose dolphin,
                                                  Northern GMX oceanic.
                                                 Bottlenose dolphin, WNA
                                                  offshore.
                                                 Common dolphin, WNA.
                                                 Cuvier's beaked whale,
                                                  WNA.
                                                 False killer whale,
                                                  WNA.
                                                 Harbor porpoise, GME,
                                                  BF.
                                                 Kogia spp. (Pygmy or
                                                  dwarf sperm whale),
                                                  WNA.
                                                 Long-finned pilot
                                                  whale, WNA.
                                                 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                  265  Bottlenose dolphin,
     gillnet \2\.                                 unknown (Northern
                                                  migratory coastal or
                                                  Southern migratory
                                                  coastal).
Gulf of Mexico gillnet \2\.....             248  Bottlenose dolphin,
                                                  Eastern GMX coastal.
                                                 Bottlenose dolphin, GMX
                                                  bay, sound, and
                                                  estuarine.
                                                 Bottlenose dolphin,
                                                  Mobile Bay, Bonsecour
                                                  Bay.
                                                 Bottlenose dolphin,
                                                  Northern GMX coastal.
                                                 Bottlenose dolphin,
                                                  Western GMX coastal.
    NC inshore gillnet.........           2,676  Bottlenose dolphin,
                                                  Northern NC estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Southern NC estuarine
                                                  system.\1\
Northeast anchored float                    852  Harbor seal, WNA.
 gillnet \2\.
                                                 Humpback whale, Gulf of
                                                  Maine.
                                                 White-sided dolphin,
                                                  WNA.
    Northeast drift gillnet \2\           1,036  None documented.
    1Southeast Atlantic gillnet             273  Bottlenose dolphin,
     \2\.                                         Central FL coastal.
                                                 Bottlenose dolphin,
                                                  Northern FL coastal.
                                                 Bottlenose dolphin, SC/
                                                  GA coastal.
                                                 Bottlenose dolphin,
                                                  Southern migratory
                                                  coastal.
Southeastern U.S. Atlantic                   21  Bottlenose dolphin,
 shark gillnet.                                   unknown (Central FL,
                                                  Northern FL, SC/GA
                                                  coastal, or Southern
                                                  migratory coastal).
                                                 North Atlantic right
                                                  whale, WNA.
Trawl Fisheries:
    1Mid-Atlantic mid-water                 320  Bottlenose dolphin, WNA
     trawl (including pair                        offshore.
     trawl).
                                                 Harbor seal, WNA.
    Mid-Atlantic bottom trawl..             633  Bottlenose dolphin, WNA
                                                  offshore.\1\
                                                 Common dolphin, WNA.\1\
                                                 Gray seal, WNA.\1\
                                                 Harbor seal, WNA.
                                                 Risso's dolphin,
                                                  WNA.\1\

[[Page 59272]]

 
                                                 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.....             968  Bottlenose dolphin, WNA
                                                  offshore.\1\
                                                 Common dolphin, WNA.
                                                 Gray seal, WNA.\1\
                                                 Harbor porpoise, GME/
                                                  BF.
                                                 Harbor seal, WNA.
                                                 Harp seal, WNA.
                                                 Long-finned pilot
                                                  whale, WNA.\1\
                                                 Risso's dolphin,
                                                  WNA.\1\
                                                 White-sided dolphin,
                                                  WNA.\1\
    Southeastern U.S. Atlantic,          10,824  Atlantic spotted
     Gulf of Mexico shrimp                        dolphin, Northern Gulf
     trawl.                                       of Mexico.
                                                 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\
Trap/Pot Fisheries:
    Southeastern U.S. Atlantic,           1,101  Bottlenose dolphin,
     Gulf of Mexico stone crab                    Biscayne Bay
     trap/pot \2\.                                estuarine.
                                                 Bottlenose dolphin,
                                                  Central FL coastal.
                                                 Bottlenose dolphin,
                                                  Eastern GMX coastal.
                                                 Bottlenose dolphin, FL
                                                  Bay.
                                                 Bottlenose dolphin, GMX
                                                  bay, sound, estuarine
                                                  (FL west coast
                                                  portion).
                                                 Bottlenose dolphin,
                                                  Indian River Lagoon
                                                  estuarine system.
                                                 Bottlenose dolphin,
                                                  Jacksonville estuarine
                                                  system.
                                                 Bottlenose dolphin,
                                                  Northern GMX coastal.
                                                 Bottlenose dolphin,
                                                  Sarasota Bay, Little
                                                  Sarasota Bay.
    Atlantic mixed species trap/          3,493  Fin whale, WNA.
     pot \2\.
                                                 Humpback whale, Gulf of
                                                  Maine.
    Atlantic blue crab trap/pot           6,679  Bottlenose dolphin,
                                                  Central FL coastal.
                                                 Bottlenose dolphin,
                                                  Central GA estuarine
                                                  system.\1\
                                                 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, GMX
     purse seine.                                 bay, sound, estuarine.
                                                 Bottlenose dolphin,
                                                  Mississippi River
                                                  Delta.
                                                 Bottlenose dolphin,
                                                  Mississippi Sound,
                                                  Lake Borgne, Bay
                                                  Boudreau.
                                                 Bottlenose dolphin,
                                                  Northern GMX
                                                  coastal.\1\
                                                 Bottlenose dolphin,
                                                  Western GMX
                                                  coastal.\1\
    Mid-Atlantic menhaden purse              17  Bottlenose dolphin,
     seine \2\.                                   Northern Migratory
                                                  coastal.
                                                 Bottlenose dolphin,
                                                  Southern Migratory
                                                  coastal.
Haul/Beach Seine Fisheries:
    Mid-Atlantic haul/beach                 359  Bottlenose dolphin,
     seine.                                       Northern Migratory
                                                  coastal.\1\
                                                 Bottlenose dolphin,
                                                  Northern NC estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Southern Migratory
                                                  coastal.\1\

[[Page 59273]]

 
    NC long haul seine.........              22  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...............              20  Bottlenose dolphin,
                                                  Northern migratory
                                                  coastal.
                                                 Bottlenose dolphin,
                                                  Northern NC estuarine
                                                  system.
                                                 Bottlenose dolphin,
                                                  Southern Migratory
                                                  coastal.\1\
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
Gillnet Fisheries:
    Caribbean gillnet..........             127  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 the
     gillnet.                                     most recent five years
                                                  of data.
    RI, southern MA (to Monomoy         unknown  None documented in the
     Island), and NY Bight                        most recent five years
     (Raritan and Lower NY                        of data.
     Bays) inshore gillnet.
    Southeast Atlantic inshore          unknown  Bottlenose dolphin,
     gillnet.                                     Northern SC estuarine
                                                  system.
Trawl Fisheries:
    Atlantic shellfish bottom               >58  None documented.
     trawl.
    Gulf of Mexico butterfish                 2  Bottlenose dolphin,
     trawl.                                       Northern GMX oceanic.
                                                 Bottlenose dolphin,
                                                  Northern GMX
                                                  continental shelf.
    Gulf of Mexico mixed                     20  None documented.
     species trawl.
    GA cannonball jellyfish                   1  Bottlenose dolphin, SC/
     trawl.                                       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 purse              10  Bottlenose dolphin,
     seine.                                       Eastern GMX coastal.
    U.S. Atlantic tuna purse                  5  None documented in most
     seine *.                                     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  Humpback whale, Gulf of
     Atlantic tuna, shark,                        Maine.
     swordfish hook-and-line/
     harpoon.
    Southeastern U.S. Atlantic,          >5,000  Bottlenose dolphin, GMX
     Gulf of Mexico, and                          continental shelf.
     Caribbean snapper-grouper
     and other reef fish bottom
     longline/hook-and-line.
    Southeastern U.S. Atlantic,              39  Bottlenose dolphin,
     Gulf of Mexico shark                         Eastern GMX coastal.
     bottom longline/hook-and-
     line.
                                                 Bottlenose dolphin,
                                                  Northern GMX
                                                  continental shelf.
    Southeastern U.S. Atlantic,             680  None documented.
     Gulf of Mexico, and
     Caribbean pelagic hook-and-
     line/harpoon.
    U.S. Atlantic, Gulf of              unknown  None documented.
     Mexico trotline.
Trap/Pot Fisheries:
    Caribbean mixed species                 154  Bottlenose dolphin,
     trap/pot.                                    Puerto Rico and United
                                                  States Virgin Islands.
    Caribbean spiny lobster                  40  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,
                                                  Mobile Bay, Bonsecour
                                                  Bay.
                                                 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. Atlantic,              10  None documented.
     Gulf of Mexico golden crab
     trap/pot.

[[Page 59274]]

 
    U.S. Mid-Atlantic eel trap/         unknown  None documented.
     pot.
Stop Seine/Weir/Pound Net/
 Floating Trap/Fyke Net
 Fisheries:
    Gulf of Maine herring and                >1  Harbor porpoise, GME/
     Atlantic mackerel stop                       BF.
     seine/weir.
                                                 Harbor seal, WNA.
                                                 Minke whale, Canadian
                                                  east coast.
                                                 Atlantic white-sided
                                                  dolphin, WNA.
    U.S. Mid-Atlantic crab stop           2,600  None documented.
     seine/weir.
    U.S. Mid-Atlantic mixed             unknown  Bottlenose dolphin,
     species stop seine/weir/                     Northern NC estuarine
     pound net (except the NC                     system.
     roe mullet stop net).
    RI floating trap...........               9  None documented.
    Northeast and Mid-Atlantic          unknown  None documented.
     fyke net.
Dredge Fisheries:
    Gulf of Maine sea urchin            unknown  None documented.
     dredge.
    Gulf of Maine mussel dredge         unknown  None documented.
    1Gulf 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 seine.              38  West Indian manatee,
                                                  Puerto Rico.
    Gulf of Mexico haul/beach           unknown  None documented.
     seine.
    Southeastern U.S. Atlantic               25  None documented.
     haul/beach seine.
Dive, Hand/Mechanical
 Collection Fisheries:
    Atlantic Ocean, Gulf of              20,000  None documented.
     Mexico, Caribbean
     shellfish dive, hand/
     mechanical collection.
    Gulf of Maine urchin dive,          unknown  None documented.
     hand/mechanical collection.
    Gulf of Mexico, Southeast           unknown  None documented.
     Atlantic, Mid-Atlantic,
     and Caribbean cast net.
Commercial Passenger Fishing
 Vessel (Charter Boat)
 Fisheries:
    Atlantic Ocean, Gulf of               4,000  Bottlenose dolphin,
     Mexico, Caribbean                            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; and
* Fishery has an associated high seas component listed in Table 3.


[[Page 59275]]


    Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
                                                  Marine mammal species
                                    Number of         and/or stocks
      Fishery description        HSFCA  permits  incidentally  killed or
                                                         injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Longline Fisheries:
    Atlantic Highly Migratory                45  Atlantic spotted
     Species *.                                   dolphin, WNA.
                                                 Bottlenose dolphin,
                                                  Northern GMX oceanic.
                                                 Bottlenose dolphin, WNA
                                                  offshore.
                                                 Common dolphin, WNA.
                                                 Cuvier's beaked whale,
                                                  WNA.
                                                 False killer whale,
                                                  WNA.
                                                 Killer whale, GMX
                                                  oceanic.
                                                 Kogia spp. whale (Pygmy
                                                  or dwarf sperm whale),
                                                  WNA.
                                                 Long-finned pilot
                                                  whale, WNA.
                                                 Mesoplodon beaked
                                                  whale, WNA.
                                                 Minke whale, Canadian
                                                  East coast.
                                                 Pantropical spotted
                                                  dolphin, WNA.
                                                 Risso's dolphin, GMX.
                                                 Risso's dolphin, WNA.
                                                 Short-finned pilot
                                                  whale, WNA.
    Western Pacific Pelagic (HI             143  Bottlenose dolphin, HI
     Deep-set component) *                        Pelagic.
     [caret].
                                                 False killer whale, HI
                                                  Pelagic.
                                                 Humpback whale, Central
                                                  North Pacific.
                                                 Kogia spp. (Pygmy or
                                                  dwarf sperm whale),
                                                  HI.
                                                 Pygmy killer whale, HI.
                                                 Risso's dolphin, HI.
                                                 Short-finned pilot
                                                  whale, HI.
                                                 Striped dolphin, HI.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
    Drift Gillnet Fisheries:...
    Pacific Highly Migratory                  5  Long-beaked common
     Species * [caret].                           dolphin, CA.
                                                 Humpback whale, CA/OR/
                                                  WA.
                                                 Northern right-whale
                                                  dolphin, CA/OR/WA.
                                                 Pacific white-sided
                                                  dolphin, CA/OR/WA.
                                                 Risso's dolphin, CA/OR/
                                                  WA.
                                                 Short-beaked common
                                                  dolphin, CA/OR/WA.
Trawl Fisheries:
    Atlantic Highly Migratory                 1  No information.
     Species **.
    CCAMLR.....................               0  Antarctic fur seal.
Purse Seine Fisheries:
    South Pacific Tuna                       26  No information.
     Fisheries.
    Western Pacific Pelagic....               1  No information.
Longline Fisheries:
    CCAMLR.....................               0  None documented.
    South Pacific Albacore                    6  No information.
     Troll.
    South Pacific Tuna                        3  No information.
     Fisheries **.
    Western Pacific Pelagic (HI              11  Blainville's beaked
     Shallow-set component) *                     whale, HI.
     [caret].
                                                 Bottlenose 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.
                                                 Striped dolphin, HI.
Handline/Pole and Line
 Fisheries:
    Atlantic Highly Migratory                 1  No information.
     Species.
    Pacific Highly Migratory                 43  No information.
     Species.
    South Pacific Albacore                   10  No information.
     Troll.
    Western Pacific Pelagic....               5  No information.
Troll Fisheries:
    Atlantic Highly Migratory                 0  No information.
     Species.
    South Pacific Albacore                   18  No information.
     Troll.
    South Pacific Tuna                        1  No information.
     Fisheries **.
    Western Pacific Pelagic....               4  No information.
------------------------------------------------------------------------

[[Page 59276]]

 
                              Category III
------------------------------------------------------------------------
Longline Fisheries:
    Northwest Atlantic Bottom                 2  None documented.
     Longline.
    Pacific Highly Migratory                105  None documented in the
     Species.                                     most recent 5 years of
                                                  data.
Purse Seine Fisheries:
    Pacific Highly Migratory                  5  None documented.
     Species * [caret].
Trawl Fisheries:
    Northwest Atlantic.........               4  None documented.
Troll Fisheries:
    Pacific Highly Migratory                111  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 5 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; and
[caret] The list of marine mammal species and/or stocks killed or
  injured in this fishery is identical to the list of marine mammal
  species and/or stocks killed or injured in U.S. waters component of
  the fishery, minus species and/or stocks that have geographic ranges
  exclusively in coastal waters, because the marine mammal species and/
  or stocks are also found on the high seas and the fishery remains the
  same on both sides of the EEZ boundary. Therefore, the high seas
  components of these fisheries pose the same risk to marine mammals as
  the components of these fisheries operating in U.S. waters.


      Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
       Take reduction plans                  Affected fisheries
------------------------------------------------------------------------
Atlantic Large Whale Take           Category I
 Reduction Plan (ALWTRP)--50 CFR
 229.32.
                                       Mid-Atlantic gillnet.
                                       Northeast/Mid-Atlantic American
                                        lobster trap/pot.
                                       Northeast sink gillnet.
                                    Category II
                                       Atlantic blue crab trap/pot.
                                       Atlantic mixed species trap/pot.
                                       Northeast anchored float gillnet.
                                       Northeast drift gillnet.
                                       Southeast Atlantic gillnet.
                                       Southeastern U.S. Atlantic shark
                                        gillnet.*
                                       Southeastern, U.S. Atlantic, Gulf
                                        of Mexico stone crab trap/
                                        pot.[caret]
Bottlenose Dolphin Take Reduction   Category I
 Plan (BDTRP)--50 CFR 229.35.
                                       Mid-Atlantic gillnet.
                                    Category II
                                       Atlantic blue crab trap/pot.
                                       Chesapeake Bay inshore gillnet
                                        fishery.
                                       Mid-Atlantic haul/beach seine.
                                       Mid-Atlantic menhaden purse
                                        seine.
                                       NC inshore gillnet.
                                       NC long haul seine.
                                       NC roe mullet stop net.
                                       Southeast Atlantic gillnet.
                                       Southeastern U.S. Atlantic shark
                                        gillnet.
                                       Southeastern U.S. Atlantic, Gulf
                                        of Mexico shrimp trawl.[caret]
                                       Southeastern, U.S. Atlantic, Gulf
                                        of Mexico stone crab trap/
                                        pot.[caret]
                                       VA pound net.
False Killer Whale Take Reduction   Category I
 Plan (FKWTRP)--50 CFR 229.37.
                                       HI deep-set longline.
                                       Category II
                                       HI shallow-set longline.
Harbor Porpoise Take Reduction      Category I
 Plan (HPTRP)--50 CFR 229.33 (New
 England) and 229.34 (Mid-
 Atlantic).
                                       Mid-Atlantic gillnet.
                                       Northeast sink gillnet.
Pelagic Longline Take Reduction     Category I
 Plan (PLTRP)--50 CFR 229.36.
                                       Atlantic Ocean, Caribbean, Gulf
                                        of Mexico large pelagics
                                        longline.

[[Page 59277]]

 
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  Category II
 Team (ATGTRT).
                                       Mid-Atlantic bottom trawl.
                                       Mid-Atlantic mid-water trawl
                                        (including pair trawl).
                                       Northeast bottom trawl.
                                       Northeast mid-water trawl
                                        (including pair trawl).
------------------------------------------------------------------------
 List of Symbols Used in Table 4:
* Only applicable to the portion of the fishery operating in U.S.
  waters; and
[caret] Only applicable to the portion of the fishery operating in the
  Atlantic Ocean.

Classification

    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
Any entity with combined annual fishery landing receipts less than $11 
million is considered a small entity for purposes of the Regulatory 
Flexibility Act. Under the size standard, all entities subject to this 
action were considered small entities; thus, they all would continue to 
be considered small under the new standards.
    Under existing regulations, all individuals participating in 
Category I or II fisheries must register under the MMPA and obtain an 
authorization certificate. The authorization certificate authorizes the 
taking of non-endangered and non-threatened marine mammals incidental 
to commercial fishing operations. Additionally, individuals may be 
subject to a TRP and requested to carry an observer. NMFS has estimated 
that up to approximately 55,329 fishing vessels, most with annual 
revenues below the SBA's small entity thresholds, may operate in 
Category I or II fisheries. As fishing vessels operating in Category I 
or II fisheries, they are required to register with NMFS. The MMPA 
registration process is integrated with existing state and Federal 
licensing, permitting, and registration programs. Therefore, 
individuals who have a state or Federal fishing permit or landing 
license, or who are authorized through another related state or Federal 
fishery registration program, are currently not required to register 
separately under the MMPA or pay the $25 registration fee. Through this 
integrated process, registration under the MMPA, including the $25 
registration fee, is only required for vessels participating in a 
Category I or II non-permitted fishery. All Category I and II fisheries 
listed on the 2021 proposed LOF are permitted through state or Federal 
processes, and registration under the MMPA is covered through the 
integrated process. Therefore, this proposed rule would not impose any 
direct costs on small entities.
    The MMPA requires any vessel owner or operator participating in a 
fishery listed on the LOF to report to NMFS, within 48 hours of the end 
of the fishing trip, all marine mammal incidental mortalities and 
injuries that occur during commercial fishing operations. These marine 
mammal mortalities and injuries are reported using a postage-paid, 
Office of Management and Budget (OMB) approved form (OMB Control Number 
0648-0292). This postage-paid form requires less than 15 minutes to 
complete and can be dropped in any mailbox, faxed, emailed, or 
completed online within 48 hours of the vessels return to port. 
Therefore, record keeping and reporting costs associated with this LOF 
are minimal and would not have a significant impact on a substantial 
number of small entities.
    If a vessel is requested to carry an observer, vessels will not 
incur any direct economic costs associated with carrying that observer. 
As a result of this certification, an initial regulatory flexibility 
analysis is not required and none has been prepared. In the event that 
reclassification of a fishery to Category I or II results in a TRP, 
economic analyses of the effects of that TRP would be summarized in 
subsequent rulemaking actions.
    This proposed rule contains existing collection-of-information 
(COI) requirements subject to the Paperwork Reduction Act and would not 
impose additional or new COI requirements. The COI for the registration 
of individuals under the MMPA has been approved by the 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 (see ADDRESSES). You 
may also submit comments on these or any other aspects of the 
collection of information at www.reginfo.gov/public/do/PRAMain.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with a COI, subject to the requirements of the Paperwork 
Reduction Act, unless that COI displays a currently valid OMB control 
number.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Orders 12866 and 13563.
    This rule is not expected to be an Executive Order 13771 regulatory 
action because this rule is not significant under Executive Order 
12866.
    In accordance with the Companion Manual for NOAA Administrative 
Order (NAO) 216-6A, NMFS preliminarily determined that publishing this 
proposed LOF qualifies to be categorically excluded from further NEPA 
review, consistent with categories of activities identified in 
Categorical Exclusion G7 (``Preparation of policy directives, rules, 
regulations, and guidelines of an administrative, financial, legal, 
technical, or procedural nature, or for which the environmental effects 
are too broad, speculative or conjectural to lend themselves to 
meaningful analysis and will be subject later to the NEPA process, 
either collectively or on a case-by-case basis'') of the Companion 
Manual and we have not identified any extraordinary circumstances 
listed in Chapter 4 of the Companion Manual for NAO 216-6A

[[Page 59278]]

that would preclude application of this categorical exclusion. If NMFS 
takes a management action, for example, through the development of a 
TRP, NMFS would first prepare an Environmental Impact Statement or 
Environmental Assessment, as required under NEPA, specific to that 
action.
    This proposed rule would not affect species listed as threatened or 
endangered under the ESA or their associated critical habitat. The 
impacts of numerous fisheries have been analyzed in various biological 
opinions, and this proposed rule will not affect the conclusions of 
those opinions. The classification of fisheries on the LOF is not 
considered to be a management action that would adversely affect 
threatened or endangered species. If NMFS takes a management action, 
for example, through the development of a TRP, NMFS would consult under 
ESA section 7 on that action.
    This proposed rule would have no adverse impacts on marine mammals 
and may have a positive impact on marine mammals by improving knowledge 
of marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This proposed rule would not affect the land or water uses or 
natural resources of the coastal zone, as specified under section 307 
of the Coastal Zone Management Act.

References

Carretta, J.V. 2020. Estimates of marine mammal, sea turtle, and 
seabird bycatch from the California large-mesh drift gillnet 
fishery: 1990-2018. Draft reviewed by the Pacific Scientific Review 
Group. March, 2020. 84 p.
Carretta, J.V., B. Delean, V. Helker, M.M. Muto, J. Greenman, K. 
Wilkinson, D. Lawson, J. Viezbicke, and J. Jannot. 2020. Sources of 
human-related injury and mortality for U.S. Pacific west coast 
marine mammal stock assessments, 2014-2018. Draft reviewed by the 
Pacific Scientific Review Group. March, 2020. 151 p.
Delean, B.J., V.T. Helker, M.M. Muto, K. Savage, S. Teerlink, L.A. 
Jemison, K. Wilkinson, J. Jannot, and N.C. Young. 2020. Human-caused 
mortality and injury of NMFS-managed Alaska marine mammal stocks 
2013-2017 U.S. Department of Commerce, NOAA Technical Memorandum 
NMFS-AFSC-401. 86 p.
Hayes, S.A., Josephson, E., Maze-Foley, K., Rosel, P.E., In Review. 
Draft US Atlantic and Gulf of Mexico Marine Mammal Stock Assessments 
2019.
Kuiken, T. 1996. Diagnosis of By-Catch in Cetaceans. Montpellier: 
European Cetacean Society.
Maze-Foley, K. and L.P. Garrison. 2018. Serious Injury 
Determinations for Small Cetaceans off the Southeast U.S. Coast, 
2012-2016. Southeast Fisheries Science Center Reference Document 
PRBD-2018-04.
Moore, K.T., and Barco, S. 2013. Handbook for Recognizing, 
Evaluating, and Documenting Human Interaction in Cetaceans and 
Pinnipeds. NOAA-TMNMFS-SWFSC-510:102.
Read, A.J., and Murray, K.T. 2000. Gross Evidence of Human-Induced 
Mortality in Small Cetaceans. NOAA.

    Dated: September 15, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-20709 Filed 9-18-20; 8:45 am]
BILLING CODE 3510-22-P