[Federal Register Volume 86, Number 9 (Thursday, January 14, 2021)]
[Rules and Regulations]
[Pages 3028-3053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00570]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 210108-0005]
RIN 0648-BJ72


List of Fisheries for 2021

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

ACTION: Final rule.

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

SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
final 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: The effective date of this final rule is February 16, 2021.

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

FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, Office of Protected 
Resources, 301-427-8402; Allison Rosner, Greater Atlantic Region, 978-
281-9328; Jessica Powell, Southeast Region, 727-824-5312; Dan Lawson, 
West Coast Region, 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

[[Page 3029]]

sources, and publish in the Federal Register any necessary changes to 
the LOF after notice and opportunity for public comment (16 U.S.C. 1387 
(c)(1)(C)).

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

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

Fishery Classification Criteria

    The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all 
fisheries on each marine mammal stock and then addresses the impact of 
individual fisheries on each stock. This approach is based on 
consideration of the rate, in numbers of animals per year, of 
incidental mortalities and serious injuries of marine mammals due to 
commercial fishing operations relative to the potential biological 
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C. 
1362 (20)) defines the PBR level as the maximum number of animals, not 
including natural mortalities, that may be removed from a marine mammal 
stock while allowing that stock to reach or maintain its optimum 
sustainable population (OSP). This definition can also be found in the 
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
    Tier 1: Tier 1 considers the cumulative fishery mortality and 
serious injury for a particular stock. If the total annual mortality 
and serious injury of a marine mammal stock, across all fisheries, is 
less than or equal to 10 percent of the PBR level of the stock, all 
fisheries interacting with the stock will be placed in Category III 
(unless those fisheries interact with other stock(s) for which total 
annual mortality and serious injury is greater than 10 percent of PBR). 
Otherwise, these fisheries are subject to the next tier (Tier 2) of 
analysis to determine their classification.
    Tier 2: Tier 2 considers fishery-specific mortality and serious 
injury for a particular stock.
    Category I: Annual mortality and serious injury of a stock in a 
given fishery is greater than or equal to 50 percent of the PBR level 
(i.e., frequent incidental mortality and serious injury of marine 
mammals).
    Category II: Annual mortality and serious injury of a stock in a 
given fishery is greater than 1 percent and less than 50 percent of the 
PBR level (i.e., occasional incidental mortality and serious injury of 
marine mammals).
    Category III: Annual mortality and serious injury of a stock in a 
given fishery is less than or equal to 1 percent of the PBR level 
(i.e., a remote likelihood of or no known incidental mortality and 
serious injury of marine mammals).
    Additional details regarding how the categories were determined are 
provided in the preamble to the final rule implementing section 118 of 
the MMPA (60 FR 45086; August 30, 1995).
    Because fisheries are classified on a per-stock basis, a fishery 
may qualify as one category for one marine mammal stock and another 
category for a different marine mammal stock. A fishery is typically 
classified on the LOF at its highest level of classification (e.g., a 
fishery qualifying for Category III for one marine mammal stock and for 
Category II for another marine mammal stock will be listed under 
Category II). Stocks driving a fishery's classification are denoted 
with a superscript ``1'' in Tables 1 and 2.

Other Criteria That May Be Considered

    The tier analysis requires a minimum amount of data, and NMFS does 
not have sufficient data to perform a tier analysis on certain 
fisheries. Therefore, NMFS has classified certain fisheries by analogy 
to other 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

[[Page 3030]]

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 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.

[[Page 3031]]

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/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).
    In recognition of logistical challenges with certificate issuance 
related to the ongoing COVID-19 pandemic, the MMAP certificate issued 
in 2020 remains in effect, valid through December 31, 2021, for vessel 
or gear owners participating in all Category I and II fisheries as of 
the final 2021 LOF. 2020 certificates may be retained or replacements 
downloaded from https://go.usa.gov/xArUW. Vessel or gear owners 
participating in previous Category III fisheries reclassified as a 
Category II fishery in this final 2021 LOF can obtain their MMAP 
certificate on our website https://go.usa.gov/xArUW.

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

[[Page 3032]]

    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.

Comments and Responses

    NMFS received nine comment letters on the proposed LOF for 2021 (85 
FR 59258; September 21, 2020). Comments were received from members of 
the public, Atlantic Offshore Lobstermen's Association (AOLA), Freezer 
Longline Coalition (FLC), Hawaii Longline Association (HLA), Maine 
Lobstermen's Association (MLA), Massachusetts Division of Marine 
Fisheries (MA DMF), Marine Mammal Commission (Commission) and Whale 
Safe USA. Responses to substantive comments are below; comments on 
actions not related to the LOF are not included.

General Comments

    Comment 1: A commenter recommends that NMFS require Category III 
fisheries to accommodate observers aboard vessels in order to expand 
data collection on marine mammal bycatch in fisheries.
    Response: MMPA section 118 requires individuals participating in a 
Category I or II fishery to accommodate an observer aboard their 
vessel(s) upon request from NMFS. In addition, MMPA section 118(d)(7) 
provides NMFS, with the consent by the vessel owner, the ability to 
place an observer on board a vessel participating in Category III 
fisheries (50 CFR 229.7(d)). The MMPA and implementing regulations (50 
CFR 229.6) also include a marine mammal mortality and injury reporting 
requirement for all Category I, II and III fisheries. Any vessel owner 
or operator 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 within 48 hours of the end 
of the fishing trip.

Comments on Commercial Fisheries in the Pacific Ocean

    Comment 2: FLC recommends NMFS reclassify the AK Bering Sea, 
Aleutian Islands (BSAI) Pacific cod longline fishery from a Category II 
to Category III. They note that the following marine mammal stocks are 
included on the list of species/stocks incidentally killed or injured 
in the BSAI Pacific cod longline fishery: Killer whale (Eastern North 
Pacific AK resident); killer whale (Gulf of Alaska, BSAI transient); 
Northern fur seal (Eastern Pacific); spotted seal (AK) and Steller sea 
lion (Western U.S). FLC provides evidence that from 2013 through 2017 
the only marine mammal stock incidentally killed or injured in the BSAI 
Pacific cod longline fishery was the Western U.S. stock of Steller sea 
lions and these did not result in annual M/SI greater than 1 percent of 
the stock's PBR level.
    FLC also states that the BSAI Pacific cod longline fishery is 
currently classified as a Category II based on a killer whale M/SI in 
2012. They note that this M/SI is assigned to both the resident and 
transient stocks of killer whales and is outside the 5 year timeframe 
(2013-2017) of the 2021 LOF. Therefore, FLC recommends that the BSAI 
Pacific cod longline fishery be reclassified as a Category III fishery.
    Response: NMFS reviewed the information provided and agrees with 
FLC. One killer whale (Gulf of Alaska, BSAI transient stock) M/SI was 
driving the Category II classification of the BSAI Pacific cod longline 
fishery. This killer whale M/SI occurred in 2012, and no additional M/
SI have been observed or reported for the 2013-2017 data analysis 
timeframe for this fishery. Therefore, NMFS reclassifies the AK BSAI 
Pacific cod longline fishery from a Category II to a Category III 
fishery in this final rule. NMFS also removes both the Eastern North 
Pacific AK resident stock and Gulf of Alaska, BSAI transient stock of 
killer whales from the list of species and/or stocks incidentally 
killed or injured in the BSAI Pacific cod longline fishery.
    Comment 3: FLC recommends NMFS re-evaluate how a single marine 
mammal M/SI is assigned to multiple stocks when stock ranges overlap. 
They state that the M/SI should be distributed between stocks based on 
the relative proportion of the population of the two stocks combined.
    As noted in the 2016 SAR (Muto et al., 2017), the 2012 killer whale 
M/SI in the BSAI Pacific cod longline fishery was assigned to both the 
resident and transient stocks of killer whale, given no genetic samples 
were collected and the overlap in the range of the two stocks in Alaska 
waters. FLC further states that NMFS attributes the single M/SI to both 
stocks equally. However, the probability of encountering either stock 
is not 100 percent, but proportional to the relative population of the 
stocks throughout the range. The commenter notes that revising the 
single M/SI between both killer whale stocks (based on probability of 
encounter) would distribute the single 2012 M/SI in the BSAI Pacific 
cod longline fishery from 100 percent for both stocks to 80 percent to 
the resident stock and 20 percent to the transient stock.
    Response: The SARs are drafted according to NMFS' ``Guidelines for 
Preparing Stock Assessment Reports Pursuant to the 1994 Amendments to 
the MMPA'' (NMFS 2016, 02-204-01). This provides directives for 
consistently assigning M/SI to stocks, including times when the M/SI is 
documented in an area of overlapping stocks. Because there were no data 
to indicate specific stock or reliable data that could be used to 
partition the 2012 killer whale M/SI, the M/SI was assigned to both 
stocks as prescribed by NMFS' ``Guidelines for Preparing Stock 
Assessment Reports Pursuant to the 1994 Amendments to the MMPA''.
    Comment 4: FLC requests that NMFS update the LOF fishery fact sheet 
for the Category II BSAI Pacific cod longline fishery. The LOF fishery 
fact sheet for the BSAI Pacific cod longline fishery

[[Page 3033]]

has an incorrect description for the observer coverage in both the 
catcher processor and catcher vessel longline sectors. The description 
of observer coverage included in the LOF fishery fact sheet is outdated 
and does not reflect the Observer Program structuring for catcher 
processor and catcher vessels sectors since 2012.
    Response: NMFS thanks FLC for bringing to our attention that the 
observer coverage information in the AK BSAI Pacific cod longline 
fishery fact sheet on NMFS' website needs updating. The fishery fact 
sheets summarize LOF classification information for the public and we 
will review and correct this error.
    Comment 5: The Commission restates a previous comment and 
recommends NMFS reclassify both the Category II SE Alaska salmon drift 
gillnet and Yakutat salmon set gillnet fisheries as Category I 
fisheries. The Commission previously noted that the 2016 SAR for the 
Southeast Alaska stock of harbor porpoise reported a population-size 
estimate of 975 and an estimated minimum population size (Nmin) of 896, 
which produced a PBR of 8.9 animals. That 2016 SAR also reported a 
total annual M/SI estimate of 34 animals for the two fisheries 
combined. The Commission states that the estimated annual M/SI has not 
changed, and although the stock's PBR increased to 12 in the 2019 SAR, 
fishery-related M/SI still exceed PBR by nearly threefold.
    The Commission states that the clearer case can be made for 
reclassifying the Category II SE Alaska salmon drift gillnet fishery as 
a Category I fishery. They note that the estimated annual harbor 
porpoise M/SI in the SE Alaska salmon drift gillnet fishery included 
the 2019 SAR is 12 animals which equals PBR for the stock and exceeds 
the Category I classification threshold of 50 percent of PBR. The 
Commission continues to state that this M/SI estimate is based on data 
collected in salmon management areas 6-8 in 2012 and 2013, and is a 
conservative estimate since salmon management areas 6-8 comprise only a 
small portion of the total area surveyed.
    The Commission notes that is more difficult to address the harbor 
porpoise M/SI in Category II Yakutat salmon set gillnet because there 
is a geographical disconnect between where observer data was collected 
and the population surveys were conducted. Thus, the comparison of the 
estimated annual M/SI does not provide a meaningful basis for 
classifying this fishery, given the likely population structure found 
in the Southeast Alaska (SEAK) harbor porpoise stock, as described in 
the 2019 SAR. Therefore, the Commission reiterates its recommendation 
that NMFS reclassify the SE Alaska salmon drift gillnet as a Category I 
fishery.
    Response: This comment has been addressed previously (see 85 FR 
21079, April 16, 2020). The PBR level for the SEAK harbor porpoise 
stock was estimated based on a survey that covered only a portion of 
the currently-recognized distribution of this stock, and it included 
commercial fishery M/SI that occurred far north of the surveyed areas. 
Over the last year, NMFS has made substantial progress in analyzing 
genetic data to resolve stock structure of harbor porpoise in Southeast 
Alaska. Once finalized, the analysis of these data will be helpful in 
addressing management concerns related to SEAK harbor porpoise and 
effects from commercial fishing. NMFS continues to pursue options for 
additional observer coverage to collect more recent and more 
geographically comprehensive data on mortality in Alaska's state 
fisheries, and we will prioritize observation of the Southeast Alaska 
drift gillnet fishery. For the 2021 LOF, NMFS retains the Category II 
classification for the Yakutat salmon set gillnet and SE Alaska salmon 
drift gillnet fisheries until more data are available.
    Comment 6: HLA restates a previous comment recommending NMFS remove 
the Main Hawaiian Islands (MHI) insular and Northwestern Hawaiian 
Islands (NWHI) stocks of false killer whales from the list of species 
and/or stocks incidentally killed or injured in the Category I Hawaii 
deep-set longline fishery. HLA notes that (a) the False Killer Whale 
Take Reduction Plan (FKWTRP) closed the deep-set longline fishery for 
almost the entire range of the MHI insular stock, (b) since this change 
was made in 2013 there have been no false killer whale interactions in 
the fishery, and (c) there has never been a deep-set longline fishery 
interaction in the very small area of the stocks' range where the 
fishery operates. The commenter also states that no information has 
been presented to the False Killer Whale TRT or the Pacific Scientific 
Review Group suggesting any false killer whale interactions in the 
deep-set fishery can reliably be attributed to the Insular or NWHI 
stocks of false killer whales. HLA requests that NMFS remove the MHI 
insular and NWHI stocks of false killer whales from the list of species 
and/or stocks incidentally killed or injured in the Category I Hawaii 
deep-set longline fishery.
    Response: This comment has been addressed previously (see 84 FR 
22051, May 16, 2019; 85 FR 21079, April 16, 2020). The MHI insular 
stock of false killer whales have been documented via telemetry to move 
far enough offshore to reach longline fishing areas (Bradford et al., 
2015). The MHI insular, Hawaii pelagic, and NWHI stocks have partially 
overlapping ranges. MHI insular false killer whales have been satellite 
tracked as far as 115 km from the MHI, while pelagic stock animals have 
been tracked to within 11 kilometers (km) of the MHI and throughout the 
NWHI. Thus, M/SI of false killer whales of unknown stock within the 
stock overlap zones must be prorated to MHI insular, pelagic, or NWHI 
stocks. Annual bycatch estimates are prorated using a process outlined 
in detail in the SARs, which account for M/SI that occur within the 
MHI-pelagic or NWHI-pelagic overlap zones.
    For observed fisheries with evidence indicating that undocumented 
interactions may be occurring (e.g., fishery has evidence of fisheries 
interactions that cannot be attributed to a specific fishery, and 
stranding network data include evidence of fisheries interactions that 
cannot be attributed to a specific fishery), stocks may be retained on 
the LOF for longer than 5 years. For these fisheries, NMFS will review 
the other sources of relevant information to determine when it is 
appropriate to remove a species or stock from the LOF. As described in 
the 2019 LOF (84 FR 22051, May 16, 2019), six false killer whale M/SI 
incidental to the deep-set longline fishery were observed inside the 
exclusive economic zone (EEZ) around Hawaii, including three that 
occurred close to the outer boundary of the Main Hawaiian Islands 
Longline Fishing Prohibited Area, in close proximity to the outer 
boundary of the MHI Insular false killer whale stocks' range. Also, MHI 
Insular false killer whale range overlaps with areas that are open to 
deep-set longline fishing and MHI Insular false killer whales have been 
documented with injuries consistent with fisheries interactions that 
have not been attributed to a specific fishery (Baird et al., 2014). 
Additionally, in August 2020, NMFS reopened the Southern Exclusion Zone 
to Hawaii deep-set longline fishing (85 FR 50959, August 19, 2020).
    In addition to the SARs, NMFS also reviews other sources of new 
information for the LOF, including injury determination reports, 
bycatch estimation reports, and observer data. In some cases, more 
recent information may be available and used in the LOF. In January 
2019, there was an observed mortality of a false killer whale 
incidental to the Hawaii deep-set longline fishery that occurred within 
the

[[Page 3034]]

range of the NWHI stock. Therefore, NMFS retains both the MHI insular 
and NWHI false killer whale stocks on the list of species and/or stocks 
incidentally killed or injured in the Category I Hawaii deep-set 
longline fishery.
    Comment 7: HLA restates a previous comment opposing the inclusion 
of the Hawaii stocks of Kogia species (pygmy or dwarf sperm whales) on 
the list of species and/or stocks incidentally killed or injured in the 
Category I HI deep-set longline fishery. HLA requests that NMFS remove 
Kogia species from the list of species and/or stocks incidentally 
killed or injured in the deep-set longline fishery because SARs for the 
two stock does not include M/SI in the deep-set fishery.
    Response: This comment has been addressed previously (see 84 FR 
22051, May 16, 2019). The 2021 LOF generally summarizes data from 2013-
2017, and in addition to the SARs, the LOF also reviews other sources 
of information, including injury determination reports and observer 
data. In February 2014, there was an observed interaction with a pygmy 
sperm whale (Kogia breviceps) in the Category I HI deep-set longline 
fishery. Therefore, NMFS retains Kogia on the list of species and/or 
stocks incidentally killed or injured in the Category I HI deep-set 
longline fishery.
    Comment 8: HLA recommends NMFS remove the Central North Pacific 
humpback whale stock from the list of species and/or stocks 
incidentally killed or injured in the Category II HI shallow-set 
longline fishery. HLA states that the proposed 2021 LOF includes the 
Central North Pacific stock of humpback whales on the list of species 
and/or stocks incidentally killed or injured from the Category II HI 
shallow-set longline fishery, but the most recent SAR does not identify 
M/SI in the shallow-set fishery. The HI shallow-set longline fishery 
has 100 percent observer coverage and therefore, the Central North 
Pacific stock of humpback whale stock should be removed the list of 
species and/or stocks incidentally killed or injured in the Category II 
HI shallow-set longline fishery.
    Response: In addition to the M/SI included in the SARs, the LOF 
references data from injury determination reports, bycatch estimation 
reports, observer data, logbook data, stranding data, disentanglement 
network data, fishermen self-reports, and anecdotal reports. In March 
2015, there was an observed humpback whale, Central North Pacific 
stock, injury in the Category II Hawaii shallow-set longline fishery. 
The injury was determined to be non-serious. Due to the observed 
injury, the Central North Pacific stock of humpback whale is retained 
on the list of species and/or stocks incidentally killed or injured in 
the Category II HI shallow-set longline fishery.
    Comment 9: The Commission recommends that NMFS reclassify the 
Category III Hawaii troll fishery as a Category II fishery. The 
Commission states that NMFS proposed to reclassify the Category III 
Hawaii charter vessel fishery, which is primarily a troll fishery, and 
the HI trolling, rod and reel fisheries as Category II fisheries in the 
2012 LOF (76 FR 37716, June 28, 2011). In the proposed rule, NMFS based 
the proposed change on reports of hooking spotted dolphins, and 
information on the prevalence of vessels from these fisheries targeting 
Pantropical spotted dolphin pods. NMFS estimated that M/SI would be, at 
a minimum, approximately 2 percent of PBR, justifying the Category II 
classifications for both fisheries. The Commission notes the final 2012 
LOF (76 FR 73912, November 29, 2011) did not finalize the fishery 
proposed reclassifications.
    The Commission states that implementing regulations allow for NMFS, 
in the absence of reliable estimates of the M/SI, to determine whether 
M/SI occurs `not at all or with a remote likelihood' (Category III), 
`occasionally' (Category II), or `frequently' based on analogy to 
similar fisheries. This is the approach NMFS took this approach in 2012 
proposed LOF.
    The Commission also notes that the case for reclassifying the troll 
fisheries as Category II fisheries has strengthened since serious 
injuries due to hooking or entanglement in fishing line have been 
documented, and reliable estimates of rates of troll vessels fishing in 
and through spotted dolphin groups have been published (Baird and 
Webster, 2020). In addition, the spotted dolphin stock considered in 
2011, was later split into four stocks (three insular and one pelagic) 
in the 2013 SAR, and each of the insular stocks is likely to have a 
smaller PBR than the estimates used in 2012 proposed LOF. Given NMFS's 
assessment in 2012 proposed LOF that interactions were likely 
`occasional', combined with more recent information, the Commission 
recommends that NMFS reclassify the Category III Hawaii troll fishery 
as a Category II fishery.
    Response: As noted by the Commission, there are four stocks of 
pantropical spotted dolphins in the Hawaii Islands region: Oahu stock, 
4-Islands stock, Hawaii Island stock, and Hawaii pelagic stock. In 
2014, one pantropical spotted dolphin from the Hawaii Island stock was 
observed hooked above the jaw and trailing 8-10 feet of fishing line 
(Bradford and Lyman, 2018). In 2017, a spotted dolphin from the 4-
Islands stock was observed with a band of debris around its rostrum 
preventing it from opening its mouth (Bradford and Lyman, 2019). Both 
of these injuries are considered serious injuries and the responsible 
fishery is not known for either case. In addition, of the four 
pantropical spotted dolphin stocks, only the Hawaii pelagic stock has a 
minimum population estimate and resulting PBR.
    Without known M/SI attributed to the HI troll fishery, and a 
minimum population estimate and PBR for only one of the four stocks, we 
evaluated classification of the fishery by analogy. However, in 
reviewing available data, there are no documented mortalities or 
injuries of pantropical spotted dolphins in similar fisheries. There 
are no current data on interactions with pantropical dolphins (or other 
dolphin species) in any other Pacific Ocean commercial troll fisheries. 
In other stocks of pantropical dolphins, the only documented fishery-
related M/SI in the Northern Gulf of Mexico stock of pantropical are 
incidental to the pelagic longline fishery (2015 SAR). The Western 
North Atlantic stock of pantropical spotted dolphins' total annual 
estimated fishery-related M/SI is presumed to be zero, as there were no 
reports of mortalities or serious injuries (2019 SAR). There are no 
documented interactions with pantropical spotted dolphins in commercial 
troll fisheries on the high seas (2020 LOF). Therefore, the HI troll 
fishery cannot be classified by analogy to other fisheries that use 
similar fishing techniques that are known to cause mortality or serious 
injury of pantropical spotted dolphins.
    The mentioned study, (Baird and Webster, 2020) presented findings 
on the magnitude and nature of associations between fishing vessels and 
pantropical spotted dolphin stocks. The study did not estimate 
mortality or injury rates incidental to fisheries. Results of the study 
indicated that there is a high frequency of associations between troll 
and rod and reel fishing, and pantropical spotted dolphins, and in 
particular with the Hawaii Island stock. This information suggests 
hookings and/or entanglements may occur, and the fishing technique of 
trolling through groups and repositioning presents a heightened risk of 
hooking or entanglement to pantropical spotted dolphins. However, this 
information alone does not provide sufficient evidence with which to 
conclude that spotted dolphins are being seriously injured or killed on 
an

[[Page 3035]]

``occasional basis'' as necessary for a Category II fishery 
classification. Therefore, NMFS is retaining the Category III 
classification of the Hawaii troll fishery.

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

    Comment 10: MLA states that NMFS has the flexibility to consider a 
variety of criteria, such as differences in gear and fishing 
techniques, and the distribution of endangered stocks relative to 
individual fisheries when classifying fisheries on the LOF. The 
commenter notes that the Maine state waters lobster fishery is managed 
and enforced by the state of Maine. While the Federal waters portion of 
the Maine lobster fishery is managed through the Atlantic States Marine 
Fisheries Commission as part of Lobster Management Area 1, it is also 
subject to further regulation and enforcement by the state of Maine 
through the Lobster Management Policy Councils. In addition, Maine's 
state and Federal waters lobstermen must declare a lobster zone and are 
required to fish the majority of gear in their home zone, limiting the 
spatial footprint of where individual lobstermen can set gear. MLA 
states that this requirement differentiates the Maine lobster fishery 
from all other lobster fisheries throughout the Northeast and mid-
Atlantic.
    Response: NMFS agrees that the Agency has the flexibility to 
separate out individual fisheries where it is appropriate; however, the 
commenter has not presented adequate information to substantiate any 
difference in risk that Maine state and Federal lobster fisheries pose 
to North Atlantic right whales, or other large whale species, that 
would warrant a current change in classification for these fisheries. 
As stated in the 2020 Final LOF (85 FR 21079, April 16, 2020), 
fisheries are classified based on the gear types used, how the gear is 
fished, and the behavior of the fishery related to the risk to marine 
mammals. Multiple states participate in the Northeast/mid-Atlantic 
American lobster trap/pot fishery, using a wide variety of gear and 
gear configurations throughout a large portion of coastal waters. While 
we recognize this variety within the fishery at large, there are not 
clear boundaries to divide gear use across the wider area as suggested 
by this comment. Importantly, the state of Maine does not use unique 
gear configurations from other states and gear configurations within 
Maine's waters are not uniform or divided across the geographic 
boundaries (i.e., exemption lines) that MLA has identified. Further, 
gear marking and right whale monitoring efforts throughout Maine waters 
are insufficient to determine that the gear or area presents a 
different risk to large whales. Below we provide further detail as to 
why the information presented by the MLA is insufficient for the 
requested changes. At this time, we do not have enough information to 
suggest Maine's fisheries should be split from the Northeast/mid-
Atlantic American lobster trap/pot fishery, because the gear used in 
Maine waters is not unique from other states.
    While NMFS appreciates the state of Maine's efforts to manage the 
footprint of where individual lobstermen may set their gear, NMFS must 
look at the risk that the gear itself poses to large whales, 
particularly North Atlantic right whales. Current Maine state lobster 
management does not represent unique gear characteristics (e.g., the 
use of weak rope exclusively or exclusion of vertical lines). In non-
exempted waters, risk reduction can be calculated based on implemented 
changes to gear configurations, and if that risk reduction is 
substantial enough, NMFS could revisit the fishery classification in a 
future LOF.
    Comment 11: MLA states that the NMFS Category I Northeast/mid-
Atlantic American lobster trap/pot fishery does not accurately capture 
marine mammal interactions and risk. MLA recommends NMFS classify 
Maine's state and Federal water's lobster fisheries as unique 
fisheries, separate from the Category I Northeast/mid-Atlantic American 
lobster trap/pot fishery.
    The commenter notes that in the absence of sufficient data to 
properly classify all fisheries, the MMPA provides that NMFS may 
evaluate 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. MLA 
further states that there are several factors with disparity among the 
Northeast and mid-Atlantic lobster fisheries, as well as significant 
differences in potential overlap with North Atlantic right whales. 
These differences among the lobster fisheries include: Fishing 
techniques, gear used, seasons and areas fished, fishermen's 
observations of right whales and distribution of marine mammals. MLA 
alleges that based on these factors, the lobster fishery prosecuted 
close to shore in Maine is significantly different than lobster 
fisheries which occur in offshore Lobster Management Area 3 or off of 
New Jersey.
    MLA also alleges that Maine's state and Federal lobster fisheries 
do not meet the criteria of a Category I fishery under the MMPA. MLA 
recommends NMFS reclassify the Maine state waters lobster fishery as 
Category III fishery since there are no documented serious injuries or 
mortalities with this fishery, and NMFS determined that regulating the 
waters exempt from the Atlantic Large Whale Take Reduction Plan 
(ALWTRP) would have no significant benefit to large whales. MLA also 
recommends NMFS reclassify the Maine Federal waters lobster fishery as 
Category II fishery. MLA alleges there are no documented M/SI in the 
Maine Federal lobster fishery, but the Category II classification may 
be warranted under an abundance of precaution that a future interaction 
could occur due to the offshore migration of North Atlantic right 
whales.
    MLA states that according to the 2019 North Atlantic right whale 
SAR, PBR is 0.8, and M/SI for commercial fisheries is 5.55. MLA's 
further analysis shows zero M/SI attributed to the Maine lobster 
fishery over this most recent 5 year period, while there were six 
documented cases in Canadian trap/pot fisheries. In addition, MLA 
alleges, there has been only one right whale entangled in Maine lobster 
gear in April 2002, and the entanglement was determined to be a non-
serious injury. Maine gear was involved in a second case in 2004, but 
it was not the primary entangling gear in this case. The commenter 
states that there are four additional trap/pot entanglement cases that 
resulted in right whale M/SI for which a fishery was not determined 
and, therefore, for which the Maine lobster fishery cannot be 
completely ruled out. However, a close look at these cases reveals that 
the entangling gear is no longer fished, efforts to trace registration 
numbers to U.S. fishery were unsuccessful, or a Maine fishery was 
explicitly ruled out.
    Response: NMFS uses the classification criteria described in the 
preamble to classify fisheries as Category I, Category II, or Category 
III. As noted, a fishery is classified under Category I if the annual 
M/SI of a stock in a given fishery is greater than or equal to 50 
percent of the stock's PBR level. Additional details regarding 
categorization of fisheries is provided in the preamble to the final 
rule implementing section 118 of the MMPA (60 FR 45086; August 30, 
1995).

[[Page 3036]]

    As noted in the section of this rule and the LOF proposed rule 
describing how NMFS determines which species or stocks are included as 
incidentally killed or injured in a fishery, for fisheries with no 
observer coverage and for observed fisheries with evidence indicating 
that undocumented interactions may be occurring (e.g., fishery has 
evidence of fisheries interactions that cannot be attributed to a 
specific fishery, and stranding network data include evidence of 
fisheries interactions that cannot be attributed to a specific 
fishery), stocks may be retained on the LOF for longer than 5 years. 
For these fisheries, NMFS will review the other sources of relevant 
information to determine when it is appropriate to remove a species or 
stock from the LOF.
    At this time, we consider it appropriate to retain North Atlantic 
right whales as a species listed as driving the classification of the 
Northeast/mid-Atlantic lobster trap/pot fishery given that PBR is 0.8 
and the further detail provided below, which reiterates responses 
provided in the 2020 Final LOF (85 FR 21079, April 16, 2020).
    The commenter cites four cases of unknown entanglements they 
believe explicitly rule out Maine lobster fisheries from the origin of 
entanglement. However, the evidence presented is not sufficient to draw 
these conclusions. In one of the commenter's cited cases (E43-12/RW 
4193), red tracers were identified in the recovered gear. Red tracers 
are indicative of the gear marking scheme required for the ALWTRP 
Northern Inshore Trap/Pot fishery management area, a management area 
that overlaps Maine, New Hampshire, and Massachusetts state waters. 
Therefore, it cannot be ruled out that the entanglement may have 
occurred off the coast of Maine in non-exempt waters. An additional 
case from 2011, previously noted in our 2020 Final LOF response to 
comments (85 FR 21079, April 16, 2020) but not mentioned in MLA's 
comment, also included recovered gear with these red tracers, though 
the location of that entanglement remains unknown (E11-11/RW 4040). 
Therefore, Maine lobster trap/pot fisheries cannot be ruled out as the 
potential origin for entanglements with undetermined origins.
    We also note that two additional entanglements have been identified 
as Massachusetts lobster trap/pot entanglements (E36-16/RW 3623 and 
E25-09). This is relevant to the discussion since Maine state and 
Federal lobster fisheries are functionally equivalent to gear found in 
these entanglements; and, therefore, gear fished in Maine presents 
similar risks.
    While floating groundline is prohibited in ALWTRP non-exempt 
management areas, there are waters along the east coast (including off 
the coast of Maine) that are exempted from this ALWTRP requirement. 
Therefore, the recovery of floating groundline from an entanglement 
does not explicitly rule out Maine lobster fisheries. For example, in 
case E25-10/RW 3911, the gear analysis found ``wire mesh is likely the 
remains of wire traps that parted off from themselves. This wire mesh, 
along with the 7/16 inch poly and associated gangions, is consistent 
with gear used in trap/pot fisheries conducted along the east coast of 
the U.S. and Canada'' (NMFS 2010 Large Whale Entanglement Report), 
which is consistent with some gear fished in exempted waters. 
Additionally, unless a rope diameter is explicitly prohibited in an 
area, rope diameter does not rule out the potential for an entanglement 
to have occurred in Maine waters, even if it does not represent the 
majority's normal fishing practices. Therefore, the 9/16 inch float 
rope that was recovered from E01-09/RW 3311, again, does not explicitly 
rule out Maine lobster fisheries.
    With this request, the commenter is also not taking into 
consideration the high percentage of unidentified entanglements that 
are both first sighted in the U.S. and in Canada. Over the past 5 
years, there have been 4.15 M/SI entanglements documented annually 
where the origin of the entanglement is unknown (Hayes et al., 2020).
    The sample size of recovered gear from entanglements is small and 
much of the retrieved gear is unmarked and cannot be attributed to a 
particular location. Currently, the state of Maine does not require 
gear marking in ALWTRP exempted areas. The lack of marks on retrieved 
gear may indicate the current marking scheme is inadequate, or that 
entanglements are occurring in areas where gear is not currently 
marked, such as international waters or current exempted areas. The 
state is currently pursuing a gear marking regime in these exempted 
waters that may provide additional data about entanglement risk in 
these areas in the future.
    The commenter alleges ``There are zero instances of Maine lobster 
gear associated with a right whale serious injury or mortality in any 
data set, and only one known entanglement where Maine lobster was the 
primary entangling gear in 2002 resulting in non-serious injury 
determination.'' We recognize that there has only been one confirmed 
mortality (in 2012) in identified U.S. trap/pot gear in the past 
decade. Those cases where we could identify lobster gear from right 
whale entanglements during the past 10 years were determined to result 
in non-serious injuries. However, there have been a number of life-
threatening entanglements since 2010 that have resulted in a non-
serious injury due to disentanglement intervention. (Henry et al., 
2019). According to NMFS' ``Process for Distinguishing Serious from 
Non-Serious Injury of Marine Mammals (NMFS 2015, 02-238-01),'' cases 
that would have been serious injuries prior to disentanglement are not 
counted against PBR in the SAR, but they are included in the recorded 
takes for the LOF and associated management measures. Aerial surveys, 
whale watching boats, the presence of other fisheries, and the presence 
and associated outreach by a disentanglement team contribute to the 
higher reporting of entanglement sightings in certain areas (i.e., 
Massachusetts) than in Maine state and offshore waters; we cannot 
conclude that risk is nonexistent in other areas where entanglements 
are not observed. With 85 percent of all observed right whales 
exhibiting entanglement scars, it is likely that entanglements are 
indeed occurring in areas where entanglements have not yet been 
observed and/or reported.
    NMFS will continue to annually evaluate marine mammal interactions 
and risk posed by a variety of gear types and fisheries through the LOF 
process. As stated previously, should information suggest that unique 
gear characteristics have lowered the risk of interaction in a 
particular geographically unique portion of a fishery, NMFS will 
evaluate to determine if the risk reduction is sufficient for 
separating the fishery out from the broader, current, classification of 
the Category I Northeast/mid-Atlantic American lobster trap/pot 
fishery.
    As stated above, we find that there is insufficient information to 
suggest that Maine's fisheries should be split from the Northeast/mid-
Atlantic American lobster trap/pot fishery because the gear used in 
Maine waters and the manner in which the gear is used are not unique 
from other states. Further, we maintain that entanglement data indicate 
that the gear used across this fishery remains a risk to right whales. 
Should Maine fisheries make significant changes to their gear 
configurations that differentiate these fisheries from other state and 
Federal lobster trap/pot fisheries, such as eliminating vertical lines, 
NMFS will reconsider this decision.

[[Page 3037]]

    Comment 12: AOLA expresses concern that data used in the LOF do not 
represent the current conditions of the Category I Northeast/mid-
Atlantic American lobster trap/pot fishery nor marine mammal stocks. 
The commenter notes that the primary information used in the 2021 LOF 
comes from 2019 SARs, which are based on data from 2013-2017. Yet since 
2013, the northwest Atlantic has undergone considerable climatic 
changes that have influenced the distributions of marine mammals and 
their prey. AOLA further states that the 2014 ALWTRP regulations as 
well as the American lobster fishery management plan regulations, 
reduced vertical lines and enhanced gear marking in the fishery. AOLA 
requests NMFS incorporate more timely data and recent information into 
the 2021 LOF.
    Response: NMFS agrees that the best available scientific 
information is important for assessing the risk fisheries pose to 
marine mammal stocks. NMFS uses the best available scientific 
information to prepare the annual LOF. This includes relying on the 
SARs, which are peer reviewed by the U.S. Atlantic, Gulf of Mexico, and 
Caribbean Scientific Review Group. The MMPA established this SRG, along 
with two others, 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. We recognize that this peer review process takes additional 
time to ensure that the best available are used to inform the LOF. 
However, the SARs generally provide the most current and inclusive 
information on each stock's PBR level and level of interaction with 
commercial fishing operations; there may also be more recent reports 
that include bycatch estimates.
    Comment 13: AOLA expresses concern with how NMFS assigns M/SI when 
the origin of entanglement is unknown. AOLA states to that according to 
the 2019 North Atlantic right whale SAR the 5-year mean estimated M/SI 
from entanglements is 5.55. Of those, 0.2 were attributed to U.S. 
fisheries, 1.2 to Canadian fisheries, and the remaining 4.15 were 
undetermined. The commenter notes that NMFS splits undetermined North 
Atlantic right whale M/SI evenly between the two countries. However, 86 
percent of known entanglements were in Canadian gear. AOLA recommends 
NMFS split undetermined North Atlantic right whale M/SI between the two 
countries based on the percentage of known entanglements from each 
country and this prorated distribution of M/SI should be used when 
classifying fisheries on the LOF.
    Response: For determining a fishery's classification on the LOF, 
NMFS must assess the M/SI with respect to a stock's PBR. See response 
to comment #11 above about M/SI of right whales that is attributed to 
the Northeast/mid-Atlantic American lobster trap/pot fishery.
    With respect to the current unknown North Atlantic right whale M/SI 
being assumed to be divided between both Canada and U.S. equally, this 
was a scenario that NMFS generated to support ALWTRT deliberations and 
is not used for classifying fisheries on the MMPA LOF. Given the 
additional regulatory requirements for Category I and II fisheries, 
NMFS uses known M/SI that can be attributed to a specific fishery for 
LOF analysis.
    Comment 14: AOLA expresses concern over the perceived lack of 
parity when assessing the impacts of fisheries on marine mammals. AOLA 
understands that with limited observer coverage and data gaps there is 
a level of subjectivity into the LOF classification process; however, 
the process should be equal among fisheries. The commenter notes that 
the Northeast/mid-Atlantic American lobster trap/pot fishery is 
classified as a Category I fishery for North Atlantic right whales, yet 
there has been only one confirmed mortality in American lobster trap/
pot gear in the past decade (2012) and no documented serious injuries 
(as stated in the 2020 LOF final rule). In the 2020 LOF final rule, 
NMFS cites all U.S. undetermined M/SI, potential M/SI prevented by 
intervention, and North Atlantic right whale entanglement scarring 
rates as data used for the Category I classification of the Northeast/
mid-Atlantic American lobster trap/pot fishery. AOLA recommends NMFS 
take a more equitable approach when assessing entanglement risk across 
fisheries, countries, and non-fishery sources, and also notes this 
would assist in assuring fishermen are treated fairly.
    Response: The LOF is the annual process NMFS conducts 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. See response to comment #11 above about how 
cases that would have been serious injuries prior to disentanglement 
are not counted against PBR in the SAR, but are included in the LOF 
classification process.
    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), NMFS uses the best available data to 
inform the LOF; thus, data older than 5 years may be used to retain a 
fishery classification or the list of species and stocks killed/injured 
incidental to a fishery. 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.
    The assessment of large whale M/SI in fisheries with limited 
observer coverage remains a considerable challenge compared to other 
gear types that interact with pinniped or small cetaceans. In fisheries 
with sufficient observer coverage, NMFS extrapolates annual M/SI 
estimates for bycaught species. However, large whale fishery 
interaction assessments are dependent on direct counts of entangled 
whales, not the fishery per se. This observed count of entanglements is 
not representative of total fishery-related M/SI that goes undetected 
or unattributed to a particular cause, and therefore represents the 
minimum M/SI. A method to assign cause to these unknown, as well as 
undetected mortalities, while addressing country entanglement of 
origin, is currently under development (Hayes et al., 2020). When these 
estimations become available, NMFS will solicit public comment through 
the SAR publication process.
    Comment 15: MA DMF recommends NMFS reclassify the Massachusetts 
state waters lobster trap/pot fishery as its own non-Category I 
fishery, separate from the Category I Northeast/mid-Atlantic American 
lobster trap/pot fishery based on the gear restrictions and large whale 
conservation programs that are unique to Massachusetts. They note that 
the state of Massachusetts has a number of actions currently in place, 
as well as a number of additional actions that will be in place for the 
2021 fishing season, that distinguish the Massachusetts state lobster 
trap/pot fishery as unique from the rest of the Category I Northeast/
mid-Atlantic American lobster trap/pot fishery. MA DMF states that they 
are the only state lobster trap/trap fishery implementing the following 
actions either currently or in the future: (1) Lobster trap/pot fishery 
closure from February 1st to April 30th (currently in place for the 
Massachusetts Bay Restricted Area, proposed closure of all state waters 
beginning February 1, 2021); (2) dynamic extension of the lobster trap/
pot fishery closure to ensure

[[Page 3038]]

safe passage of right whales from our waters prior to fixed gear being 
set (currently in place for the Massachusetts Bay Restricted Area, 
proposed for all state waters beginning February 1, 2021); (3) ban use 
of vertical buoy lines greater than \3/8\ inch diameter (proposed to 
begin February 1, 2021); (4) ban fishing single traps by the majority 
of its active fleet (proposed to begin January 1, 2022); (5) universal 
requirement of 1,700 pound breaking strength line or equivalent 
contrivance (proposed to begin February 1, 2021); (6) permitting and 
regulatory scheme designed to reduce participation and effort over time 
(currently in place); and (7) demonstrated substantial decline in the 
number of participants and the number of buoy lines deployed (currently 
in place). Based on these mitigation efforts, MA DMF recommends NMFS 
reclassify the Massachusetts state waters lobster trap/pot fishery as 
its own non-Category I fishery.
    Response: NMFS appreciates the actions the state of Massachusetts 
has taken, and continues to take, to help conserve and protect North 
Atlantic right whales. However, the current implemented measures are 
not enough to suggest Massachusetts's state waters lobster trap/pot 
fishery should be split from the Category I Northeast/mid-Atlantic 
American lobster trap/pot fishery. At this time, NMFS retains the 
Category I classification for the Northeast/Mid-Atlantic American 
lobster trap/pot fishery, which includes the state waters of 
Massachusetts. Additional detail on how gear would be considered unique 
to differentiate it from other state lobster and trap/pot fisheries is 
included in response to Comment #11. NMFS looks forward to seeing what 
measures the state of Massachusetts will finalize and implement for the 
state lobster trap/pot fishery in the future. Should major changes to 
lobster gear and fishing practices be required and implemented for all 
Massachusetts state lobster fishing gear, making this gear unique and 
easily identified from other state and Federal gear, NMFS will re-
evaluate the status of this fishery and consider it in a future 
proposed LOF.
    Comment 16: Whale Safe USA requests NMFS maintain the Category I 
classifications for Northeast/Mid-Atlantic American lobster trap/pot 
fishery and Northeast sink gillnet fishery.
    Response: As stated above in response to Comments #11 and 15, NMFS 
retains the Category I classification of the Northeast/Mid-Atlantic 
American lobster trap/pot fishery. Additionally, no data is currently 
available to suggest state fisheries should be separated from the 
Category I Northeast sink gillnet fishery, therefore NMFS retains the 
Category I classification for the Northeast sink gillnet fishery.

Summary of Changes From the Proposed Rule

    NMFS reclassifies the AK BSAI Pacific cod longline fishery from a 
Category II to Category III fishery. NMFS also removes both the Eastern 
North Pacific AK resident stock and Gulf of Alaska, BSAI transient 
stock of killer whales from the list of species and/or stocks 
incidentally killed or injured in the BSAI Pacific cod longline 
fishery.
    NMFS updates the MMAP certificate process for calendar year 2021. 
MMAP certificates issued in 2020 remain in effect, valid through 
December 31, 2021, for vessel or gear owners participating in all 
Category I and II fisheries as of the final 2021 LOF.

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 two fisheries 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 reclassifies the AK Bering Sea, Aleutian Islands Pacific cod 
pot fishery from a Category III to a Category II fishery.
    NMFS reclassifies the AK BSAI Pacific cod longline fishery from at 
Category II to Category III fishery.

Fishery Name and Organizational Changes

    NMFS adds 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 ([gteqt]14 in mesh) fishery.

Number of Vessels/Persons

    NMFS updates the estimated number of vessels/persons in the Pacific 
Ocean (Table 1) as follows:
Category I
     HI deep-set longline fishery from 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 adds 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.
    NMFS adds 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, (2) 
Western North Pacific stock of humpback whale, and (3) Central North 
Pacific stock of humpback whale.
    NMFS adds both the 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds two stocks to the list of species/stocks incidentally 
killed or injured in the Category III WA/OR/CA groundfish trawl 
fishery: (1) California

[[Page 3039]]

breeding stock of northern elephant seal and (2) CA/OR/WA stock of 
northern right whale dolphin.
    NMFS adds 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. 
NMFS removes 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.
    NMFS removes 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 longline fishery.
    NMFS removes 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.
    NMFS removes 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 fishery.
    NMFS removes 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.

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

Fishery Name and Organizational Changes and Clarification

    NMFS adds 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.
    NMFS clarifies 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 clarifies 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.
    As discussed in the proposed rule, NMFS clarifies its response to 
Comment #14 in the 2020 Final LOF (85 FR 21079; April 16, 2020). In 
Comment #14, 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 updates 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 adds 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.
    NMFS adds 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.
    NMFS adds 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.
    Following consultation with the U.S. Fish and Wildlife Service, 
NMFS adds 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.
    NMFS removes 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-

[[Page 3040]]

Atlantic tuna, shark, swordfish hook-and line/harpoon fishery.

Commercial Fisheries on the High Seas

Number of Vessels/Persons

    NMFS updates 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? section).
    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 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 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.

[[Page 3041]]



  Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
                                                  Marine mammal species
                                 Estimated # 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, GOA
     gillnet.                                     \1\.
                                                 Harbor seal, GOA.
                                                 Humpback whale, Central
                                                  North Pacific.
                                                 Humpback whale, Western
                                                  North Pacific.
                                                 Sea otter, Southwest
                                                  AK.
                                                 Steller sea lion,
                                                  Western U.S.
    AK Cook Inlet salmon set                736  Beluga whale, Cook
     gillnet.                                     Inlet.
                                                 Dall's porpoise, AK.
                                                 Harbor porpoise, GOA.
                                                 Harbor seal, GOA.
                                                 Humpback whale, Central
                                                  North Pacific \1\.
                                                 Sea otter, South
                                                  central AK.
                                                 Steller sea lion,
                                                  Western U.S.
    AK Cook Inlet salmon drift              569  Beluga whale, Cook
     gillnet.                                     Inlet.
                                                 Dall's porpoise, AK.

[[Page 3042]]

 
                                                 Harbor porpoise, GOA
                                                  \1\.
                                                 Harbor seal, GOA.
                                                 Steller sea lion,
                                                  Western U.S.
    AK Peninsula/Aleutian                   162  Dall's porpoise, AK.
     Islands salmon drift
     gillnet \2\.
                                                 Harbor porpoise, GOA.
                                                 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 US-Canada                    WA \1\.
     border and eastward of the                  Harbor seal, WA inland.
     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\.
                                                 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.

[[Page 3043]]

 
                                                 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 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.
                                                 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.

[[Page 3044]]

 
    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                  45  Northern fur seal,
     Islands Pacific cod                          Eastern Pacific.
     longline.
                                                 Spotted seal, AK.
                                                 Steller sea lion,
                                                  Western U.S.
    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 5 years of
                                                  data.
    HI kaka line...............              15  None documented.
    HI vertical line...........               3  None documented.
Trawl Fisheries:
    AK Bering Sea, Aleutian                  13  Bearded seal, AK.
     Islands Atka mackerel
     trawl.
                                                 Harbor seal, Aleutian
                                                  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.

[[Page 3045]]

 
    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.
    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.

[[Page 3046]]

 
    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.
                                                 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

[[Page 3047]]

 
                                                 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.
    Southeast 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:
    Mid-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\
                                                 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.

[[Page 3048]]

 
                                                 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\
    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 5 years of
                                                  data.
    DE River inshore gillnet...         unknown  None documented in the
                                                  most recent 5 years of
                                                  data.
    Long Island Sound inshore           unknown  None documented in the
     gillnet.                                     most recent 5 years of
                                                  data.
    RI, southern MA (to Monomoy         unknown  None documented in the
     Island), and NY Bight                        most recent 5 years of
     (Raritan and Lower NY                        data.
     Bays) inshore gillnet.
    Southeast Atlantic inshore          unknown  Bottlenose dolphin,
     gillnet.                                     Northern SC estuarine
                                                  system.
Trawl Fisheries:
    Atlantic shellfish bottom               >58  None documented.
     trawl.

[[Page 3049]]

 
    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 5 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-                   Bottlenose dolphin,
     line.                                        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.
    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.
    Gulf of Maine, U.S. Mid-               >403  None documented.
     Atlantic sea scallop
     dredge.
    Mid-Atlantic blue crab              unknown  None documented.
     dredge.
    Mid-Atlantic soft-shell             unknown  None documented.
     clam dredge.
    Mid-Atlantic whelk dredge..         unknown  None documented.
    U.S. Mid-Atlantic/Gulf of             7,000  None documented.
     Mexico oyster dredge.
    New England and Mid-                unknown  None documented.
     Atlantic offshore surf
     clam/quahog dredge.
Haul/Beach Seine Fisheries:

[[Page 3050]]

 
    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.


    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.
     [supcaret].                                 False killer whale, HI
                                                  Pelagic.
                                                 Humpback whale, Central
                                                  North Pacific.
                                                 Kogia spp. (Pygmy or
                                                  dwarf sperm whale),
                                                  HI.

[[Page 3051]]

 
                                                 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* [supcaret].                         dolphin, CA.
                                                 Humpback whale, CA/OR/
                                                  WA.
                                                 Northern right-whale
                                                  dolphin, CA/OR/WA.
                                                 Pacific white-sided
                                                  dolphin, CA/OR/WA.
                                                 Risso's dolphin, CA/OR/
                                                  WA.
                                                 Short-beaked common
                                                  dolphin, CA/OR/WA.
Trawl Fisheries:
    Atlantic Highly Migratory                 1  No information.
     Species **.
    CCAMLR.....................               0  Antarctic fur seal.
Purse Seine Fisheries:
    South Pacific Tuna                       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.
     [supcaret].                                 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.
------------------------------------------------------------------------
                              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 * [supcaret].
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
[supcaret] The list of marine mammal species and/or stocks killed or
  injured in this fishery is identical to the list of marine mammal
  species and/or stocks killed or injured in U.S. waters component of
  the fishery, minus species and/or stocks that have geographic ranges
  exclusively in coastal waters, because the marine mammal species and/
  or stocks are also found on the high seas and the fishery remains the
  same on both sides of the EEZ boundary. Therefore, the high seas
  components of these fisheries pose the same risk to marine mammals as
  the components of these fisheries operating in U.S. waters.


[[Page 3052]]


      Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
          Take reduction plans                  Affected fisheries
------------------------------------------------------------------------
    Atlantic Large Whale Take Reduction  Category I
     Plan (ALWTRP)--50 CFR 229.32.       Mid-Atlantic gillnet.
                                            Northeast/Mid-Atlantic
                                             American lobster trap/pot.
                                            Northeast sink gillnet.
                                         Category II
                                            Atlantic blue crab trap/pot.
                                            Atlantic mixed species trap/
                                             pot.
                                            Northeast anchored float
                                             gillnet.
                                            Northeast drift gillnet.
                                            Southeast Atlantic gillnet.
                                            Southeastern U.S. Atlantic
                                             shark gillnet.*
                                            Southeastern, U.S. Atlantic,
                                             Gulf of Mexico stone crab
                                             trap/pot. [supcaret]
    Bottlenose Dolphin Take Reduction    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.[supcaret]
                                            Southeastern, U.S. Atlantic,
                                             Gulf of Mexico stone crab
                                             trap/pot.[supcaret]
                                            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 Plan  Category I
     (HPTRP)--50 CFR 229.33 (New         Mid-Atlantic gillnet.
     England) and 229.34 (Mid-Atlantic).
                                            Northeast sink gillnet.
    Pelagic Longline Take Reduction      Category I
     Plan (PLTRP)--50 CFR 229.36.
                                            Atlantic Ocean, Caribbean,
                                             Gulf of Mexico large
                                             pelagics longline.
    Pacific Offshore Cetacean Take       Category II
     Reduction Plan (POCTRP)--50 CFR     CA thresher shark/swordfish
     229.31.                              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
[supcaret] Only applicable to the portion of the fishery operating in
  the Atlantic Ocean.

Classification

    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this rule would not have a significant 
economic impact on a substantial number of small entities. No comments 
were received on that certification, and no new information has been 
discovered to change that conclusion. Accordingly, no regulatory 
flexibility analysis is required, and none has been prepared.
    This rule contains existing collection-of-information (COI) 
requirements subject to the Paperwork Reduction Act and would not 
impose additional or new COI requirements. The COI for the registration 
of individuals under the MMPA has been approved by the 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).
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with a COI, subject to the requirements of the Paperwork 
Reduction Act, unless that COI displays a currently valid OMB control 
number.
    This rule has been determined to be not significant for the 
purposes of Executive Orders 12866 and 13563.
    This rule is not expected to be an 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 determined that publishing this LOF qualifies 
to be categorically excluded from further NEPA review, consistent with 
categories of activities identified in Categorical Exclusion G7 
(``Preparation of policy directives, rules, regulations, and guidelines 
of an administrative,

[[Page 3053]]

financial, legal, technical, or procedural nature, or for which the 
environmental effects are too broad, speculative or conjectural to lend 
themselves to meaningful analysis and will be subject later to the NEPA 
process, either collectively or on a case-by-case basis'') of the 
Companion Manual and we have not identified any extraordinary 
circumstances listed in Chapter 4 of the Companion Manual for NAO 216-
6A that would preclude application of this categorical exclusion. If 
NMFS takes a 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 rule would not affect species listed as threatened or 
endangered under the ESA or their associated critical habitat. The 
impacts of numerous fisheries have been analyzed in various biological 
opinions, and this rule will not affect the conclusions of those 
opinions. The classification of fisheries on the LOF is not considered 
to be a management action that would adversely affect threatened or 
endangered species. If NMFS takes a management action, for example, 
through the development of a TRP, NMFS would consult under ESA section 
7 on that action.
    This rule would have no adverse impacts on marine mammals and may 
have a positive impact on marine mammals by improving knowledge of 
marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This rule would not affect the land or water uses or natural 
resources of the coastal zone, as specified under section 307 of the 
Coastal Zone Management Act.

References

Baird, R.W., and D.L. Webster. 2020. Using dolphins to catch tuna: 
Assessment of associations between pantropical spotted dolphins and 
yellowfin tuna hook and line fisheries in Hawai`i. Fisheries 
Research. 230. (2020):105652.
Baird, R.W., S.D. Mahaffy, A.M. Gorgone, T. Cullins, D.J. McSweeney, 
E.M. Oelson, A.L. Bradford, J. Barlow, D.L. Webster. False Killer 
Whales and Fisheries Interaction in Hawaiian Waters: Evidence for 
Sex Bias and Variation Among Populations and Social Groups. 2014. 
Marine Mammal Science 31(2): 579-590.
Bradford A.L. and E.G. Lyman. 2019. Injury determinations for 
humpback whales and other cetaceans reported to NOAA response 
networks in the Hawaiian Islands during 2017. U.S. Dept. of 
Commerce, NOAA Technical Memorandum NMFS-PIFSC-81, 18 p.
Bradford A.L. and E. Lyman. 2018. Injury determinations for humpback 
whales and other cetaceans reported to the Hawaiian Islands 
Disentanglement and Pacific Islands Marine Mammal Response Networks 
during 2013-2016. NOAA Technical Memorandum. NMFS-PIFSC-75. 24 pp.
Bradford, A.L., E.M. Oleson, R.W. Baird, C.H. Boggs, K.A. Forney, 
and N.C. Young. 2015. Revised stock boundaries for false killer 
whales (Pseudorca crassidens) in Hawaiian waters. U.S. Department. 
Commerce, NOAA Technical Memorandum. NOAA-NMFS-PIFSC-47, 29 p.
Hayes, S.A., Josephson, E., Maze-Foley, K., Rosel, P.E., 2020. US 
Atlantic and Gulf of Mexico Marine Mammal Stock Assessments 2019. 
NOAA Technical Memorandum NMFS-NE-264, 479 p.
Henry A, Garron M, Reid A, Morin D, Ledwell W, Cole TVN. 2019. 
Serious injury and mortality determinations for baleen whale stocks 
along the Gulf of Mexico, United States East Coast, and Atlantic 
Canadian Provinces, 2012-2016. US Department of Commerce, Northeast 
Fish Sci Cent Ref Doc. 19-13; 54 p.
Muto, M.M, V.T. Helker, R.P. Angliss, B.A. Allen, P.L. Boveng, J.M. 
Breiwick, M.F. Cameron, P.J. Clapham, S.P. Dahle, M.E. Dahlheim, 
B.S. Fadely, M.C. Ferguson, L.W. Fritz, R.C. Hobbs, Y.V. 
Ivashchenko, A.S. Kennedy, J.M. London, S.A. Mizroch, R.R. Ream, 
E.L. Richmond, K.E.W. Shelden, R.G. Towell, P.R. Wade, J.M. Waite, 
and A.N. Zerbini. 2017. Alaska Marine Mammal Stock Assessments, 
2016. NOAA Technical Memorandum NOAA-TM-NMFS-AFSC-355. 367 p.
National Marine Fisheries Service. 2016. Guidelines for Preparing 
Stock Assessment Reports Pursuant to the 1994 Amendments to the 
MMPA. 02-204-01. 25 p. (Available at: https://www.fisheries.noaa.gov/webdam/download/64690366)

    Authority: MMPA, 16 U.S.C. 1361 et seq.

    Dated: January 8, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-00570 Filed 1-13-21; 8:45 am]
BILLING CODE 3510-22-P