[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Proposed Rules]
[Pages 43491-43517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16653]



[[Page 43491]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 210730-0153]
RIN 0648-BK40


List of Fisheries for 2022

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

ACTION: Proposed rule, request for comment.

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

SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
proposed List of Fisheries (LOF) for 2022, as required by the Marine 
Mammal Protection Act (MMPA). The LOF for 2022 reflects new information 
on interactions between commercial fisheries and marine mammals. NMFS 
must classify each commercial fishery on the LOF into one of three 
categories under the MMPA based upon the level of mortality and serious 
injury of marine mammals that occurs incidental to each fishery. The 
classification of a fishery on the LOF determines whether participants 
in that fishery are subject to certain provisions of the MMPA, such as 
registration, observer coverage, and take reduction plan (TRP) 
requirements.

DATES: Comments must be received by September 8, 2021.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2021-0020, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2021-0020 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Chief, Marine Mammal and Sea 
Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter N/A in the required fields if you wish to remain 
anonymous).

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

SUPPLEMENTARY INFORMATION:

What is the List of Fisheries?

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

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

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

Fishery Classification Criteria

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

[[Page 43492]]

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 2022 LOF 
generally summarizes data from 2014-2018. NMFS also reviews other 
sources of new information, including injury determination reports, 
bycatch estimation reports, observer data, logbook data, stranding 
data, disentanglement network data, fishermen self-reports (i.e., MMPA 
mortality/injury reports), and anecdotal reports from that time period. 
In some cases, more recent information may be available and used in the 
LOF.
    For fisheries with observer coverage, species or stocks are 
generally removed from the list of marine mammal species and/or stocks 
incidentally killed or injured if no interactions are documented in the 
5-year timeframe summarized in that year's LOF. For fisheries with no 
observer coverage and for observed fisheries with evidence indicating 
that undocumented interactions may be occurring (e.g., fishery has low 
observer coverage and stranding network data include evidence of 
fisheries interactions that cannot be attributed to a specific fishery) 
species and stocks may be retained for longer than 5 years. For these 
fisheries, NMFS will review the other sources of information listed 
above and use its discretion to decide when it is appropriate to remove 
a species or stock.

Where does NMFS obtain information on the level of observer coverage in 
a fishery on the LOF?

    The best available information on the level of observer coverage 
and the spatial and temporal distribution of observed marine mammal 
interactions is presented in the SARs. Data obtained from the observer 
program and observer coverage levels are important tools in estimating 
the level of marine mammal mortality and serious injury in commercial 
fishing operations. Starting with the 2005 SARs, each Pacific and 
Alaska SAR includes an appendix with detailed descriptions of each 
Category I and II fishery on the LOF, including the observer coverage 
in those fisheries. For Atlantic fisheries, this information can be 
found in the LOF Fishery Fact Sheets. The SARs do not provide detailed 
information on observer 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

[[Page 43493]]

seine, gillnet, troll, etc.) to provide more detail on composition of 
effort within these fisheries. Many fisheries operate in both U.S. 
waters and on the high seas, creating some overlap between the 
fisheries listed in Tables 1 and 2 and those in Table 3. In these 
cases, the high seas component of the fishery is not considered a 
separate fishery, but an extension of a fishery operating within U.S. 
waters (listed in Table 1 or 2). NMFS designates those fisheries in 
Tables 1, 2, and 3 with an asterisk (*) after the fishery's name. The 
number of HSFCA permits listed in Table 3 for the high seas components 
of these fisheries operating in U.S. waters does not necessarily 
represent additional effort that is not accounted for in Tables 1 and 
2. Many vessels/participants holding HSFCA permits also fish within 
U.S. waters and are included in the number of vessels and participants 
operating within those fisheries in Tables 1 and 2.
    HSFCA permits are valid for 5 years, during which time Fishery 
Management Plans (FMPs) can change. Therefore, some vessels/
participants may possess valid HSFCA permits without the ability to 
fish under the permit because it was issued for a gear type that is no 
longer authorized under the most current FMP. For this reason, the 
number of HSFCA permits displayed in Table 3 is likely higher than the 
actual U.S. fishing effort on the high seas. For more information on 
how NMFS classifies high seas fisheries on the LOF, see the preamble 
text in the final 2009 LOF (73 FR 73032; December 1, 2008). Additional 
information about HSFCA permits can be found at https://www.fisheries.noaa.gov/permit/high-seas-fishing-permits.

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

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

Am I required to register under the MMPA?

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

How do I register, renew and receive my Marine Mammal Authorization 
Program authorization certificate?

    NMFS has integrated the MMPA registration process, implemented 
through the Marine Mammal Authorization Program (MMAP), with existing 
state and Federal fishery license, registration, or permit systems for 
Category I and II fisheries on the LOF. Participants in these fisheries 
are automatically registered under the MMAP and are not required to 
submit registration or renewal materials.
    In the Pacific Islands, West Coast, and Alaska regions, NMFS will 
issue vessel or gear owners an authorization certificate via U.S. mail 
or with their state or Federal license or permit at the time of 
issuance or renewal. In the Greater Atlantic and Southeast Regions, 
NMFS will issue vessel or gear owners an authorization certificate via 
U.S. mail automatically at the beginning of each calendar year.
    Vessel or gear owners who participate in fisheries in these regions 
and have not received authorization certificates by the beginning of 
the calendar year, or with renewed fishing licenses, must contact the 
appropriate NMFS Regional Office (see FOR FURTHER INFORMATION CONTACT). 
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).

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 CONTACT). Forms may be submitted via any of the 
following means: (1) Online using the electronic form; (2) emailed as 
an attachment to [email protected];

[[Page 43494]]

(3) faxed to the NMFS Office of Protected Resources at 301-713-0376; or 
(4) mailed to the NMFS Office of Protected Resources (mailing address 
is provided on the postage-paid form that can be printed from the web 
address listed above). Reporting requirements and procedures are found 
in 50 CFR 229.6.

Am I required to take an observer aboard my vessel?

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

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

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

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

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

Sources of Information Reviewed for the 2022 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 2022 was based on, among other things, stranding data; 
fishermen self-reports; and SARs, primarily the 2020 SARs, which are 
based on data from 2014-2018. The SARs referenced in this LOF include: 
2018 (84 FR 28489; June 19, 2019), 2019 (84 FR 65353; November 27, 
2019), and draft 2020 (85 FR 78307; December 4, 2020). The SARs are 
available at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region.

Summary of Changes to the LOF for 2022

    The following summarizes changes to the LOF for 2022, including the 
classification of fisheries, fisheries listed, the estimated number of 
vessels/persons in a particular fishery, and the species and/or stocks 
that are incidentally killed or injured in a particular fishery. NMFS 
re-classifies one fishery in the LOF for 2022. Additionally, NMFS adds 
four fisheries to the LOF. NMFS also makes changes to the estimated 
number of vessels/persons and list of species and/or stocks killed or 
injured in certain fisheries. Many Category III fisheries on the LOF 
have never been described in the LOF. While detailed information 
describing each fishery on the LOF has been included within the SARs 
for some fisheries, a FMP, TRP, or by state agencies, general 
descriptive information is also included here to clearly define each 
fishery that is on the LOF. Since the 2016 LOF (80 FR 58427; September 
29, 2015), NMFS has been developing Category III fishery fact sheets 
that are available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables. NMFS is 
requesting public comment on the fisheries descriptions below to 
include as fact sheet content. The classifications and definitions of 
U.S. commercial fisheries for 2022 are identical to those provided in 
the LOF for 2021 with the changes discussed below. State and regional 
abbreviations used in the following paragraphs include: AK (Alaska), 
BSAI (Bering Sea, Aleutian Island), CA (California), Gulf of Alaska 
(GOA), HI (Hawaii), Maine Hawaiian Islands (MHI), OR (Oregon), WA 
(Washington), and WNA (Western North Atlantic).

Commercial Fisheries in the Pacific Ocean

Classification of Fisheries

    NMFS proposes to reclassify the Category II AK Bering Sea, Aleutian 
Island (BSAI) rockfish trawl fishery to a Category III fishery. One 
killer whale (Gulf of Alaska, BSAI transient stock) mortality in 2012 
was driving the Category II classification of this fishery. From 2014-
2018, this fishery had 100 percent observer coverage, and no additional 
killer whale M/SI have been observed or reported in this timeframe for 
this fishery (Muto et al., 2021). Therefore, NMFS proposes to 
reclassify the AK BSAI rockfish trawl fishery from a Category II to a 
Category III fishery.

[[Page 43495]]

Addition of Fisheries

    NMFS proposes to add the WA/OR/CA other groundfish pot fishery as a 
Category III fishery. This new Category III fishery includes pot 
fishing effort from the previously named Category III CA nearshore 
finfish live trap/hook-and-line fishery and other groundfish pot 
fishing effort (separate from the sablefish pot fishery) that is not 
currently included on the LOF.
    The groundfish pot fishery (other than sablefish) in WA/OR/CA 
targets close to 100 different species that generally live on or near 
the bottom. There are over 60 different rockfish species, which 
includes widow, yellowtail, canary, chilipepper, yelloweye, and 
vermilion rockfish. Important species of flatfish include Dover sole, 
petrale sole, starry and arrowtooth flounder, and Pacific sanddab. 
Other target species include boccaccio, cowcod, thornyheads, and 
Pacific Ocean perch. Due to the variety of species, there is 
significant variation in the areas and depths where the gear is fished. 
Depths can range from 11-722 fathoms (20-1,300 meters). The locations 
where fishermen are allowed to fish are limited by federal and state-
designated conservation areas (e.g., the Rockfish Conservation Area). 
The fishery operates year-round.
    The traps can be either rectangular, conical or trapezoidal in 
shape. Conical traps are typically 36-72 inches (91-182 centimeters) in 
diameter. In California, the diameter limit is 92 inches (233 
centimeters) maximum. All traps are between 28-32 inches (71-81 
centimeters) in height. A destructive device capable of leaving an 8-
inch (20 centimeter) in diameter opening is required. Line consists of 
a nylon or nylon poly-blend material of \3/8\-\5/8\ inch diameter, 
attached to a string of pots/traps on one end, and a large polyball at 
the surface. The open access fishery uses 1-8 strings of 3-4 pots; the 
limited entry fishery uses 20-30 of these strings. Whether traps are 
used individually or in a string, it is mandatory that the surface end 
or terminal end be marked with a pole, flag, radar reflector, and a 
buoy. In California, the license number of the fisher is displayed on 
the polyball with an accompanying ``B''. The gear must be attended to 
at least once every 7 days.
    There are over 100 species managed under the Pacific Fishery 
Management Council's (PFMC) Pacific Coast Groundfish FMP. It outlines 
the areas, species, regulations, and the process that is used to make 
changes to the fishery. The plan also creates guidelines for the 
biennial process of setting harvest levels. The fishery is managed 
under two sectors; limited entry and open access. Both sectors 
generally share regulations applied to other groundfish fisheries such 
as, quotas, harvest guidelines, trip and landing limits, area 
restrictions, seasonal closures, and gear restrictions.
    Access to the limited entry fishery requires a limited entry 
permit, in addition to gear endorsements required by the individual 
states. Specifically, there is a limited entry permit with a non-
sablefish fixed gear endorsement. Individual vessel landing limits are 
enforced. Open access privileges are currently available to any 
fishermen with the required state gear endorsements, but catch quotas 
and area closures are more restrictive than the primary limited entry 
permit. Open access quotas vary based upon the area fished.
    There are currently 68 participants in this fishery. In the Open 
Access fixed gear fishery, observer coverage rates during 2009-2018 
ranged from 2-12 percent. Historically, there have been no documented 
marine mammal mortalities or injuries incidental to the components of 
this fishery. Therefore, NMFS proposes to add this fishery as a 
Category III fishery.
    NMFS proposes to add the CA other crab/shellfish pot fishery as a 
Category III fishery. This new Category III fishery targets several 
species of crab (e.g., spider or sheep, Tanner crab) and other 
shellfish species (e.g., Kellet's whelk) using trap/pot gear.
    The majority of effort for Tanner crabs occurs in northern 
California out of Eureka and Crescent City. Otherwise, most of the 
components of this fishery are primarily active south of Point 
Conception from Santa Barbara to San Diego.
    Tanner crab pots/traps are larger (up to 10 ft (3 m) x 10 ft (3 m)) 
than those used to target other species, with a depth of no more than 
42 inches (107 centimeters). The traps consist either of 3 mm 
polyethylene web or vinyl-coated steel wire with at least three 
openings of 4.5 inches (11 centimeters) inside diameter on the sides 
and upper panel of the trap, to allow undersized crabs to escape. Up to 
480 traps can be used per permitted vessel, with a maximum of 80 traps 
used per a single string. Every string of traps is marked with a buoy 
on each end, and each buoy is marked with the vessel's commercial boat 
registration number preceded by the letters ``TC''.
    The gear used to target other species in this fishery are generally 
similar to pots/traps used to catch other prominent shellfish species 
that include Dungeness crab, rock crab, and spiny lobster. Destructive 
devices that create an unobstructed opening anywhere in the top or 
upper half of the trap when the material corrodes or fails are 
required. Most traps are fished singularly, but strings of 5-25 traps 
may be used to target some species.
    A Tanner crab trap vessel permit is required by the state of 
California. There is a 5-inch (12.7 centimeters) minimum carapace size 
limit, and measuring devices should be present on the vessel at all 
times. Only males are allowed to be retained. The cumulative trip 
limits for each permitted vessel are 250,000 pounds (113,398 kilograms) 
of whole crab over each 2-month period. There is an annual catch limit 
of 2 million pounds for the period from April 1 to March 31 of the 
following year. When the limit is close to being reached, the State can 
give notice of at least 10 days before the closure. No finfish other 
than sablefish are allowed to be retained under the Tanner crab permit. 
Observers and logbooks are required for the Tanner crab fishery.
    Spider crab and other species can be landed under a general trap 
permit from the State of California. The total allowable catch of 
spider crab for the entire state is 95,000 pounds (43,091 kilograms) 
landed during a calendar year.
    There are currently 40 participants in this fishery. There is 
partial observer coverage for this fishery, there have been no 
documented marine mammal mortalities or injuries from stranding or 
other data. Therefore, NMFS proposes to add this fishery as a Category 
III fishery.
    NMFS proposes to add the CA/OR/WA non-albacore Highly Migratory 
Species (HMS) hook and line fishery as a Category III fishery. This new 
Category III fishery includes hook and line fishing gear not covered by 
fisheries currently included on the LOF. Fishing effort using troll and 
other surface hook and line gear targeting HMS are not captured in the 
two currently named HMS hook and line fisheries on the LOF (Category 
III WA/OR/CA albacore surface hook and line/troll fishery and Category 
III CA pelagic longline fishery).
    Hook and line fisheries for non-albacore HMS species occur in 
Federal waters (3-200 nm), mostly in the Southern California Bight with 
very little effort occurring north of Point Conception. The species 
targeted include swordfish, tuna (bluefin and yellowfin), thresher 
shark (common, bigeye, and pelagic), shortfin mako shark, dorado, and 
opah.
    The fisheries operate year-round. Fishing effort generally starts 
during late spring/early summer and starts dropping off towards late 
fall/early winter, depending on the availability

[[Page 43496]]

and movement patterns of HMS. The presence of large scale ocean/climate 
conditions such as El Ni[ntilde]o and La Ni[ntilde]a can influence the 
movement of HMS species considerably. A wide variety of depths within 
the water column may be targeted depending on species and other 
factors.
    The main type of hook and line gear used for non-albacore HMS is 
troll gear, although other surface hook and line gear such as rod-and-
reel and hand lines may be used. Troll gear typically includes one or 
more lines with lures or baited hooks attached that are drawn 
(``trolled'') through the water column at various depths, depending on 
species targeted.
    All HMS require a Federal HMS permit, and additional state permits 
may apply. All West Coast non-albacore hook and line fisheries are open 
access. There are no limits to the number of species that can be 
landed, with the exception of bluefin tuna trip limits specified 
through the Inter-American Tropical Tuna Commission. Logbooks are 
required for all fisheries targeting HMS, and some HMS fisheries are 
required to carry observers.
    There are currently 124 participants in this fishery. Historically, 
there have been no documented marine mammal mortalities or injuries 
incidental to the components of this fishery. Therefore, this fishery 
is being proposed as a Category III fishery.

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to remove the superscript ``1'' from the Main 
Hawaiian Islands (MHI) insular stock of false killer whale to indicate 
the stock is no longer driving the Category I classification of the HI 
deep-set longline fishery. The total estimated annual M/SI of the MHI 
insular stock of false killer whale in the HI deep-set longline fishery 
for the 5-year period of 2014-2018 is 0.03 animals, which represents 10 
percent of PBR (0.3) (Carretta et al., 2021).
    NMFS corrects an administrative error in Table 1. NMFS adds the 
superscript ``1'' CA/OR/WA stock of humpback whales to indicate the 
stock is driving the Category II classification of the CA coonstripe 
shrimp pot fishery. This fishery was reclassified in the 2020 LOF (85 
FR 21079; April 16, 2020) based on one entangled humpback whale, but 
Table 1 did not indicate that the stock is driving the Category II 
classification.
    NMFS proposes to rename the Category III WA/OR herring, smelt, 
squid purse seine or lampara fishery to the WA/OR herring, anchovy, 
smelt, squid purse seine or lampara fishery to indicate anchovy is a 
target species of this fishery. This fishery includes fishing for 
herring, anchovy, smelt, market squid, and other baitfish that occur in 
inland and coastal waters of Oregon and Washington, including bays and 
estuaries. Some portions of the fishery are generally open year round, 
but there are other variations depending on target species and gear 
type.
    Fishermen use a variety of gear types in this fishery including: 
Purse seine, lampara net, drag seine, and dip bag net gear. A purse 
seine is a large wall of netting deployed around an entire school of 
fish. When a school of target species is located, a skiff will encircle 
the school with one end of the seine attached to it while the other end 
is attached to the fishing vessel itself. Once the skiff circles back 
around to the vessel, the lead line at the bottom of the seine is 
pulled in ``pursing'' the net closed on the bottom preventing the fish 
from escaping when swimming downward.
    Purse seine, drag seine, and lampara nets have a minimum mesh size 
of a \1/2\-inch (12.7 mm) stretched. In Puget Sound, lampara nets are 
allowed to be up to 200 feet (60.96 m) in length. The maximum length of 
purse seine nets varies by location with the smallest maximum length of 
300 feet (91.44 m) in inland Oregon to the largest allowable length of 
1,400 feet in the offshore and coastal waters of Washington. Drag 
seines used in Willapa Bay, Grays Harbor, and the Lower Columbia River 
can be a maximum of 350 feet (106.68 m) long with a 1\1/4\ inch (31.75 
mm) minimum stretch measure net mesh size. Squid fishing in 
Washington's waters involves dip net bags with a maximum diameter of 10 
feet (3.05 m) and maximum size of 18 feet (5.47 m), and a minimum mesh 
size of 1-inch (25.4 mm).
    There is some overlap of the management of this fishery with the 
PFMC's Coastal Pelagic Species FMP in coastal and offshore waters. 
There are additional state regulations that govern the harvest of some 
species. State permits are generally required to fish for each species 
type and/or gear used within Washington's coastal and inland waters 
(e.g., Puget Sound herring lampara fishery license, smelt dip bag 
license). Many of the permits are open access, with some exceptions 
that include limited entry permits for herring fisheries on the 
Washington coast, and the Yaquina Bay herring roe purse seine fishery 
in Oregon.
    Logbooks are required for some species/gear used in each state. 
Catch limits for individual landings or total fleet catch may apply. 
For example, both states limit the landing of anchovy to 5 metric tons 
(mt) daily, and to 10 mt weekly (in Oregon this applies to anchovy 
caught within inland waters). Other examples include that the Puget 
Sound herring fishery is closed by emergency regulation if the harvest 
exceeds 10 percent of the adult spawning biomass. There are limits on 
how much catch can be converted into fish meal or other products. 
Incidental bycatch of non-target species (not including protected 
species) may be allowed up to certain limits depending on the fishery 
type and the species incidentally caught.
    NMFS proposes to rename the Category III WA salmon purse seine 
fishery to the WA salmon seine fishery to clarify that both purse seine 
and beach seine gear are used to target salmon in the Washington state 
salmon fishery. The fishery targets sockeye, Chinook, pink, coho, and 
chum salmon within Puget Sound, Washington. The purse seine fishery 
occurs in central Puget Sound, the San Juan Islands, and Hood Canal. 
The fishery usually begins around mid-July and extends until early 
December, with individual regions opening and closing at different 
times within the overall fishing season. The beach seine salmon fishery 
is an experimental fishery targeting Chinook and coho that is only 
authorized in Hood Canal. The season runs from late July to late 
September, depending upon the region within the Hood Canal.
    Purse seines may have a maximum length of 1,800 feet (548 m) along 
the cork line, and the net and lead line combined cannot exceed 2,200 
feet (670 m). The minimum mesh size of purse seine nets is 3.5 inches 
(88.9 mm) and cannot be made of a twine-size smaller than 210/30d 
nylon, 12-thread cotton, or an equivalent diameter material. There are 
also specific requirements for the configuration of the cork line in 
the bunt. In some areas, a brailer and recovery box may be required.
    Beach seining involves a net that is able to encircle a group of 
fish adjacent to a beach with one end of the net attached to a 
designated boat. The beach seine net cannot be longer than 990 feet 
(301 m), or more than 200 meshes in depth. The mesh must be between 3 
(76.2 mm) and 4 (101.6 mm) inches and made of twine no smaller than 
210/30d nylon, 12 thread cotton, or an equivalent material.
    The Washington Department of Fish and Wildlife (WDFW), Puget Sound 
Treaty Tribes, and NMFS jointly manage salmon harvest in Washington. 
The salmon purse seine fishery requires a limited entry permit, which 
is transferable. The fishery is managed

[[Page 43497]]

through season openings, mesh size limits, and limits regarding the 
amount of time and effort allowed each day or night within the various 
areas. A portion of the fishery is managed by the Fraser River Panel, 
which is composed of representatives from the U.S. and Canada. A ``Fish 
Friendly'' best fishing practices workshop has to be attended by 
fishermen in order to fish in certain areas. The take of certain salmon 
species is prohibited in specific areas, and they have to be released 
immediately if captured.
    Participation in the beach seine fishery involves acquiring a beach 
seine permit from WDFW (available since 2009). The permit holder must 
participate on the designated vessel in the open fishery. WDFW may 
require a logbook to be submitted to prove participation. Only a few 
permits are issued each year. All non-target fish must be released. 
WDFW deploys observers for this fishery.
    For both the purse seine and beach seine fisheries, every fisherman 
is required to report lost netting to the WDFW. For these fisheries, 
emergency regulations and in-season changes can occur based on stock 
allocations and conservation objectives.
    NMFS proposes to combine the Category III CA halibut hook and line/
handline fishery and Category III CA white seabass hook and line/
handline fishery, and name it the Category III CA halibut, white 
seabass, and yellowtail hook and line/handline fishery. This 
combination is based on considerable overlap in spatial distribution of 
target species, participants, landings and gear used in the fisheries. 
There are 388 participants in the fishery.
    This fishery targets California halibut, white seabass, and 
yellowtail, although a mix of other species are also taken 
simultaneously including groundfish and pelagic species. Effort 
generally takes place in less than 55 fathoms (100 m) of water, and 
within 3 nm of the shoreline. The fishery is active all along the coast 
of California, although much of the effort for certain species occurs 
in the Southern California Bight.
    The hook and line gear used includes several types of gear 
configurations: Troll, pole and line and longline. There are two types 
of longline gear that may be used in this fishery. The first one being 
a bottom longline with a main line extending horizontally along the 
seafloor with short lines attached to it at intervals, each culminating 
into a baited hook. The second type is called a vertical longline with 
a line that is weighted on the bottom end that is anchored to the 
seafloor, attached to a buoy (or buoys) on the top end at the sea 
surface that suspends the line vertically. Attached to the main 
vertical line are short lines at intervals, each culminating into 
baited hooks.
    This is an open access fishery requiring a Resident Commercial 
Fishing License. A Commercial Ocean Enhancement Stamp is required for 
commercial fishermen who take, possess, or land any white sea bass 
south of Point Arguello. Other Federal and state regulations can be 
applicable depending on which species are caught and landed. Any gear 
that is not attached to the vessel must be attached to buoys floating 
on the surface and marked on the upper half with a commercial fishing 
license identification number at least 2 inches (50.8 mm) in height. 
Only a certain number of lines and hooks per line, and different types 
of hook and line gear configurations, are allowed in each of the 
districts especially where effort may occur less than 1 nm from shore 
(e.g., troll lines, longline gear cannot be fished in waters less than 
1 nm from shore).
    Troll and hand lines are limited to 900 feet (274 m) or less; only 
longlines can exceed this limit. All hooks present have to be below the 
upper one third of any vertical longline gear used. There are 
exemptions within certain districts to the number hooks that may be 
used in conjunction with certain gear types if the target species 
consists of at least 80 percent of the total catch.
    NMFS proposes to rename the Category III WA/OR Pacific halibut 
longline fishery to the WA/OR/CA Pacific halibut longline fishery to 
clarify there is also Pacific halibut longline fishing effort in 
California. The Pacific halibut commercial fishery occurs within 10 
regulatory areas (3 major areas (2, 3, and 4) divided further into 
subareas) throughout the North Pacific Ocean within the exclusive 
economic zone (EEZ), established by the International Pacific Halibut 
Commission (IPHC). The use of longlines to target Pacific halibut 
occurs along the Continental U.S. West Coast (excluding Alaska) in what 
is known as Area 2A, which includes the entire EEZ off of Washington, 
Oregon, and California.
    Fishermen usually target Pacific halibut at depths of 15-150 
fathoms (27-274 meters) where they prefer to hang out in current 
calming ``hydraulic relief zones'' such as depressions, valleys, and 
rock formations at the bottom of the sea. Fishing may occur anytime 
between IPHC's season dates from mid-March through mid-November. The 
Area 2A non-tribal directed commercial fishery usually occurs in 
summer, generally from June-July, although in some years it could be 
extended until August. Landing Pacific halibut as incidental catch 
during the sablefish longline fishery is allowed, but only for vessels 
participating in the sablefish Limited Entry fixed gear fishery from 
April 1 to October 31 with a valid license from the IPHC.
    A long main line is used that consists of a lead core that allows 
it to sink to the ocean floor. The main line is made of nylon or a 
polyurethane-blend roughly \5/16\ inch (7.9 mm) in width. The main line 
(or ground line) can be up to 1.5 nautical miles long and set on the 
bottom with an anchor (25-50 pounds (11-22 kg) at each end. Hooks are 
attached to the main line every 3-4 feet (91-121 cm) with a ``gangion'' 
made of nylon or monofilament line connected with a snap or tied on. 
The most common hooks used are size 16/0 circle hooks baited with live 
squid, mackerel heads, or artificial bait resembling sardine or 
anchovy. Pacific halibut is also incidentally caught with fixed gear 
(longline) in the sablefish fishery, which uses similar gear.
    Pacific halibut fishing off the U.S. West Coast used to be managed 
solely by the IPHC through the PFMC Pacific Halibut Catch Sharing Plan 
(CSP). The routine management of the non-tribal commercial directed 
Pacific halibut fishery is being transitioned from the IPHC to the PFMC 
and NMFS. The IPHC will continue to set the total allowable catch for 
Pacific halibut, and the PFMC will continue to develop a CSP.
    This is an open access fishery requiring permits obtained from the 
IPHC whether targeted or caught incidentally in fixed gear (longline) 
sablefish fisheries, with strict size and catch limits. Logbooks are 
required for vessels that have an overall length of 26 feet (7.9 m) or 
more. If catch limits are reached before the official closure dates, 
the fishery will be closed. There are no individual fishing quotas in 
this fishery, but there are landing ratios for the incidental catch 
fisheries and vessel limits per opener for the directed commercial 
fishery. In 2017 and 2018, observer coverage of the directed derby 
fishery was 8 percent and 25 percent, respectively.
    NMFS proposes to rename the Category III WA/CA kelp fishery to the 
CA/WA kelp, seaweed, and algae fishery to clarify that in addition to 
kelp, other species of edible marine plants are commercially harvested 
in waters off the U.S. West Coast. The two species of kelp that are 
predominantly harvested are giant kelp and bull kelp. Giant kelp is the 
most common kelp species found along the southern and central

[[Page 43498]]

California coast, whereas bull kelp becomes more abundant farther 
north. There are 87 geographical kelp beds along the California coast 
and Channel Islands. As of December 2020, each of the 87 kelp beds are 
designated as either: Open (33 beds), closed (18 beds), lease only (3 
beds), and leasable (28 beds). California state marine parks and 
reserves are completely off limits to kelp harvesting, but there is 
limited kelp harvesting allowed in state marine conservation areas.
    There is a herring roe-on-kelp fishery in Washington where kelp is 
harvested by hand from small vessels. The herring roe-on-kelp fishery 
occurs every year during the herring spawning season from late January 
until early June. The fishery takes place within Puget Sound, with 
regulated area closures.
    There are various harvesting methods used for kelp, edible seaweed, 
or agar algae. Gear used for commercial harvest of kelp generally 
consists of a specially designed vessel with cutting mechanisms on the 
stern, and a conveyor system that places the cut kelp into a harvest 
bin. The blades are mounted at the base of the conveyor and lowered 
three feet into the kelp bed while the vessel moves slowly stern-first 
through the bed.
    In the herring roe-on-kelp fishery, Macrocystis kelp is gathered 
and carefully placed in floating net pens or impoundments (pounds) in 
anticipation of a herring spawning event. Herring are seined, 
introduced to the pounds to spawn for about a week, and then released. 
The eggs stick to the kelp blades which are collected and layered with 
salt in totes.
    The commercial harvesting of kelp, marine algae, and agar algae in 
California is managed by the California Department of Fish and Wildlife 
(CDFW). A kelp harvest license is valid for 1 year at a time. Although 
the license includes edible seaweed and agar algae as well, the license 
applicant must choose which type of harvest they will be participating 
in. Harvesters must submit a harvest plan that must be approved prior 
to harvesting. A monthly harvest report has to be submitted to the CDFW 
on or before the 10th day of each month of harvest, even if harvest did 
not occur.
    Harvesters are not allowed to cut attached kelp at a depth greater 
than 4 feet (1.2 m), but can collect unattached kelp. Vessels can 
collect up to 600 tons of kelp a day. Agar algae are cut no closer than 
2 inches to the holdfast, and removal of the holdfast is prohibited. 
Harvesters are not allowed to repetitively harvest from individual 
giant or bull kelp specimens, and the harvesting of kelp near sea otter 
rafting sites must be avoided.
    Seaweed species of the genus Macrocystis is only allowed for 
harvesting for the herring spawn-on-kelp fishery, if approved by the 
WDFW. The herring spawn-on-kelp fishery is a limited entry fishery.
    NMFS proposes to combine the Category III WA groundfish, bottomfish 
jig fishery and the hook and line component of the Category III CA 
nearshore finfish live trap/hook-and-line fishery, and name it the 
Category III WA/OR/CA groundfish/finfish hook and line fishery. This 
proposed combined fishery will also include other groundfish/finfish 
hook and line fishing effort of fisheries not currently included on the 
LOF. The two currently named Category III fisheries do not account for 
a large amount of non-longline hook and line fishing effort, which 
includes numerous combinations of target species, gear, and spatial 
distribution along the West Coast. This fishery has 689 participants.
    The groundfish/finfish hook and line fishery (other than bottom 
longline) targets close to 100 different species that generally live on 
or near the bottom. There are over 60 different rockfish species with 
the primary species targeted in this fishery being black, vermilion, 
brown, and gopher rockfish. Other important targeted species include 
lingcod, cabazon, greenling, and sablefish. Numerous other finfish/
groundfish are also landed.
    Due to the variety of species, there is significant variation in 
the areas and depths where the gear is fished. Depths can range 
anywhere from 11-722 fathoms (20-1,300 m). The locations where 
fishermen are allowed to fish for these species groups can be limited 
by conservation areas (e.g., the Rockfish Conservation Area). The 
fishery operates year-round.
    Hook and line gear includes several types of gear configurations 
including: Troll, pole and line and vertical longline. There are 
Federal and state regulations which must be adhered to including 
various area and time closures (e.g., Rockfish Critical Habitat). In 
some places, fishing is not allowed in certain districts over weekends 
and legal holidays. In California, troll lines cannot be fished in 
waters less than 1 nm from shore. Landing limits for different species 
over various time periods also typically apply. Other management 
restrictions regarding the number and configuration of lines and hooks 
that are allowed in different areas may also apply. Portions of this 
fishery are observed under the nearshore groundfish fixed gear fishery. 
Annual coverage from 2009-2018 for the entire nearshore groundfish 
fishery ranged from 4 to 8 percent.
    NMFS proposes to combine and rename the Category III WA/OR bait 
shrimp, clam, hand, dive, or mechanical collection fishery and the 
Category III OR/CA sea urchin, sea cucumber hand, dive, or mechanical 
collection fishery into two distinct gear-based Category III fisheries: 
(1) The CA/OR/WA dive collection fishery and (2) the WA/OR/CA hand/
mechanical collection fishery. As currently included on the LOF, there 
is overlap of fishing effort and target species between the two 
fisheries along the West Coast. Therefore, NMFS is proposing to combine 
these fisheries based on the harvesting methodologies' potential risk 
to marine mammals. NMFS proposes to aggregate the California, Oregon 
and Washington commercial dive fisheries into one Category III fishery, 
and aggregate the California, Oregon and Washington hand/mechanical 
collection fisheries into a separate Category III fishery.
    The CA/OR/WA dive collection fisheries target primarily sea 
urchins, sea cucumbers, and other mollusks such as geoduck clams and 
occur in all three West Coast states. This fishery has 186 
participants.
    In California, the commercial take for red sea urchin is open for 
most of the year, but there are restrictions regarding certain areas or 
days of the week at times during the year. There are no seasonal 
restrictions on harvest of other sea urchin species. California sea 
cucumber may be collected year round; warty sea cucumbers are not 
allowed to be collected from March 1 to June 15.
    In Oregon, most of the state is open year round for sea urchin 
harvest. However, the largest harvest area (Orford Reef) is open only 
November through April. The sea cucumber fishery occurs in various 
areas along the coast, but harvest from Orford Reef is prohibited May 1 
through October 31.
    Harvest of geoducks in Washington occurs exclusively within the 
inland waters of WA. The sea urchin fishery occurs October through 
February throughout the state, based mostly on gonad (roe or uni) 
condition and quality. There are numerous protected areas designated by 
the state of Washington where sea urchin fishing is prohibited. 
Specific sea cucumber harvest districts exist in the state, each with 
clearly defined open seasons.
    SCUBA gear or a ``hookah rig'' are allowed in all three states 
where dive gear is used for commercial harvesting. The ``hookah rig'' 
consists of an air compressor with supply hoses that distribute air to 
divers. Divers use

[[Page 43499]]

SCUBA for picking and scouting, but when a harvest area is identified 
the Hookah method is predominantly used. California and Washington 
allow divers to use nitrox and scooters, although Oregon prohibits the 
use of mixed gas.
    The sea urchin commercial dive fishery is a limited entry permit 
fishery in all three U.S. West Coast states. In Washington there are 
catch limits, but none in Oregon or California. However, there are size 
limits in Oregon and Washington, but none in California. In Oregon, 
there are depth restrictions where harvest can occur. The Washington 
sea urchin permits are distributed almost equally between state and 
tribal commercial fishermen.
    The sea cucumber dive fishery is a limited entry fishery in 
California and Oregon, but is open access requiring a shellfish dive 
permit in Washington. In California, there are no landing or size 
limits. In California, sea cucumber trawl permits allow for trawling or 
diving for sea cucumber, whereas a sea cucumber dive permit only allows 
for diving for sea cucumbers. In Oregon, harvest of sea cucumbers is 
allowed under a sea urchin permit. In Washington, a quota system exists 
for sea cucumbers. If the quota for the season is reached, the fishery 
is closed. The quota for each year changes and is based on stock 
assessments for each district. Submissions of logbooks are required in 
all three states.
    To obtain a commercial geoduck permit, a competitive bid process is 
used to sell harvest contracts to the highest responsible bidder. 
Successful bidders are required to obtain a WDFW fishery license prior 
to commercial harvest.
    The WA/OR/CA hand/mechanical collection fishery employs hand or 
mechanical collection methods within the intertidal or nearshore areas 
in all three West Coast states. Collection of clams and other mollusks 
in intertidal and subtidal areas, including razor, cockle, and butter 
clams, represent a substantial level of commercial harvest, especially 
in Oregon and Washington. Harvest of various bait fish or aquaria 
collection species in nearshore waters also occurs, particularly in 
California. This fishery has 320 participants.
    The methods used for hand collection of targeted species can 
include shovels, hand pumps (especially for most clams), rakes, 
trowels, and hands (bare or protected). Hand powered tools are 
generally used in intertidal areas only. Methods for mechanical 
collection, especially for baitfish and aquaria species in nearshore or 
intertidal waters, include dip nets, hand pumps (for bait shrimp), and 
small trawl nets, along with numerous other devices. Management of hand 
and mechanical collection fisheries occurs with varying degrees within 
each state.
    In Washington, specific permits are needed to harvest important 
target species such as razor clams or burrowing shrimp. Commercial 
harvest of razor clams is allowed only on the detached Willapa Spits, 
located at the mouth of Willapa Bay. Fishermen must either register 
with a Department of Health certified razor clam dealer or become 
certified by the Department of Health individually.
    In Oregon, harvest of intertidal clam and shrimp species require a 
commercial shellfish or intertidal animal harvest permit. Seasonal 
restrictions that can vary by area may apply. Subtidal harvest of clams 
requires a separate permit.
    In California, permits that are relevant, depending on the specific 
target and gear used, include: Tidal invertebrates, ghost shrimp, bay 
shrimp, and marine aquaria species. There are time and area 
restrictions that include marine conservation areas and state marine 
reserves.

Number of Vessels/Persons

    NMFS proposes to update the estimated number of vessels/persons in 
the Pacific Ocean (Table 1) as follows:
Category II
     CA thresher shark/swordfish drift gillnet (>=14 in mesh) 
fishery from 14 to 21 vessels/persons;
     CA halibut/white seabass and other species set gillnet 
(>3.5 in mesh) fishery from 37 to 39 vessels/persons;
     CA yellowtail, barracuda, and white seabass drift gillnet 
(mesh size >=3.5 in and <14 in) fishery from 22 to 20 vessels/persons;
     WA Puget Sound Region salmon drift gillnet fishery from 
154 to 136 vessels/persons;
     CA coonstripe shrimp pot fishery from 14 to 9 vessels/
persons;
     CA spiny lobster fishery from 186 to 189 vessels/persons;
     CA spot prawn pot fishery from 23 to 22 vessels/persons;
     CA Dungeness crab pot fishery from 501 to 471 vessels/
persons;
     OR Dungeness crab pot fishery from 342 to 323 vessels/
persons;
     WA/OR/CA sablefish pot fishery from 155 to 144 vessels/
persons;
     WA coastal Dungeness crab pot fishery from 197 to 204 
vessels/persons;
     HI shortline fishery from 9 to 5 vessels/persons;
Category III
     CA set gillnet (mesh size <3.5 in) fishery from 296 to 11 
vessels/persons;
     HI inshore gillnet fishery from 36 to 29 vessels/persons;
     WA Grays Harbor salmon drift gillnet fishery from 24 to 19 
vessels/persons;
     WA/OR Mainstem Columbia River eulachon gillnet fishery 
from 5 to 10 vessels/persons;
     WA Willapa Bay drift gillnet fishery from 82 to 57 
vessels/persons;
     WA/OR sardine purse seine fishery from 42 to 6 vessels/
persons;
     CA anchovy, mackerel, sardine purse seine fishery from 65 
to 53 vessels/persons;
     CA squid purse seine fishery from 80 to 68 persons/
vessels;
     CA tuna purse seine fishery from 10 to 14 vessels/persons;
     WA/OR Lower Columbia River salmon seine fishery from 10 to 
1 person/vessel;
     WA/OR herring, anchovy, smelt, squid purse seine or 
lampara fishery from 130 to 41 vessels/persons;
     WA salmon seine fishery from 75 to 81 vessels/persons;
     HI lift net fishery from 17 to 15 vessels/persons;
     HI inshore purse seine fishery from <3 to none recorded 
vessels/persons;
     HI throw net, cast net fishery from 23 to 15 vessels/
persons;
     HI seine net fishery from 24 to 17 vessels/persons;
     CA squid dip net fishery from 115 to 19 vessels/persons;
     HI offshore pen culture fishery from 2 to 1 vessels/
persons;
     WA/OR/CA albacore surface hook and line/troll fishery from 
705 to 556 vessels/persons;
     CA/OR/WA salmon troll fishery from 4,300 to 1,030 vessels/
persons;
     HI troll fishery from 2,117 to 1,380 vessels/persons;
     HI rod and reel fishery from 322 to 237 vessels/persons;
     Guam tuna troll fishery from 432 to 398 vessels/persons;
     WA/OR/CA groundfish, bottomfish longline/set line fishery 
from 367 to 314 vessels/persons;
     WA/OR/CA Pacific halibut longline fishery from 350 to 130 
vessels/persons;
     CA pelagic longline fishery from 1 to 4 vessels/persons;
     HI kaka line fishery from 15 to 5 vessels/persons;
     HI vertical line fishery from 3 to none recorded vessels/
persons;
     CA halibut bottom trawl fishery from 47 to 23 vessels/
persons;
     CA sea cucumber trawl fishery from 16 to 11 vessels/
persons;
     WA/OR/CA shrimp trawl fishery from 300 to 130 vessels/
persons;
     WA/OR/CA groundfish trawl fishery from 160-180 to 118 
vessels/persons;

[[Page 43500]]

     CA rock crab pot fishery from 124 to 113 vessels/persons;
     WA/OR/CA hagfish pot fishery from 54 to 63 vessels/
persons;
     WA/OR shrimp pot/trap fishery from 54 to 28 vessels/
persons;
     WA Puget Sound Dungeness crab pot/trap fishery from 249 to 
145 vessels/persons;
     HI crab trap fishery from 5 to 4 vessels/persons;
     HI fish trap fishery from 9 to 4 vessels/persons;
     HI lobster trap fishery from <3 to none recorded vessels/
persons;
     HI shrimp trap fishery from 10 to 3 vessels/persons;
     HI crab net fishery from 4 to none recorded vessels/
persons;
     HI kona crab loop net fishery from 33 to 20 vessels/
persons;
     American Samoa bottomfish handline fishery from fewer than 
20 to 9 vessels/persons;
     Commonwealth of the Northern Mariana Islands bottomfish 
fishery from 28 to 11 vessels/persons;
     Guam bottomfish fishery from >300 to 67 vessels/persons;
     HI aku boat, pole and line fishery from <3 to none 
recorded vessels/persons;
     HI bottomfish handline fishery from 578 to 385 vessels/
persons;
     HI inshore handline fishery from 357 to 206 vessels/
persons;
     HI pelagic handline fishery from 534 to 300 vessels/
persons;
     CA swordfish harpoon fishery from 6 to 21 vessels/persons;
     HI bullpen trap fishery from 3 to none recorded vessels/
persons;
     HI black coral diving fishery from <3 to none recorded 
vessels/persons;
     HI fish pond fishery from 5 to none recorded vessels/
persons;
     HI handpick fishery from 46 to 25 vessels/persons;
     HI lobster diving fishery from 19 to 12 vessels/persons;
     HI spearfishing fishery from 163 to 82 vessels/persons; 
and
     HI aquarium collecting fishery from 90 to 34 vessels/
persons.

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

    NMFS proposes to add the Eastern North Pacific stock of gray whale 
to the list of species/stocks incidentally killed or injured in the 
Category II AK Prince William Sound salmon drift gillnet fishery based 
on a self-reported serious injury in 2018 (Carretta et al., 2020).
    NMFS proposes to add three stocks to the list of species/stocks 
incidentally killed or injured in the Category II AK Bering Sea, 
Aleutian Islands pollock trawl fishery: (1) Arctic stock of ringed 
seal, (2) Central North Pacific stock of humpback whale and (3) Western 
North Pacific stock of humpback whale. In 2017, there was an observed 
mortality of a ringed seal (Arctic stock) (Muto et al., 2021). In 2018 
one humpback whale mortality was observed in the AK Bering Sea, 
Aleutian Islands pollock trawl fishery. This mortality occurred in an 
area of humpback whale stock overlap and consistent with NMFS 
Guidelines for Assessing Marine Mammal Stocks (GAMMS), the serious 
injury was assigned to both the Western North Pacific and Central North 
Pacific stocks (Muto et al., 2021).
    NMFS proposes to add the U.S. stock of California sea lion to the 
list of species/stocks incidentally killed or injured in the Category 
II CA spiny lobster fishery. In 2019, a California sea lion was 
reported entangled in 40 kilograms of lobster pot gear near Santa 
Barbara, CA. The gear was removed after sedating of the animal 
(Carretta et al., 2021).
    NMFS proposes to add the California stock of Northern elephant seal 
to the list of species/stocks incidentally killed or injured in the 
Category II AK Gulf of Alaska sablefish longline fishery based on an 
observed serious injury in 2017 (Carretta et al., 2020).
    NMFS proposes to add both the Western U.S. stock of Steller sea 
lion and North Kodiak stock of harbor seal to the list of species/
stocks incidentally killed or injured in the Category III AK Kodiak 
salmon purse seine fishery. In 2018, a dead stranded Steller sea lion 
was reported entangled in commercial Kodiak salmon seine net (Muto et 
al., 2021). Also in 2018, a harbor seal mortality was documented in the 
barrier net of the salmon purse seine fishery (Young et al., 2020).
    NMFS proposes to add the Gulf of Alaska, Aleutian Islands, Bering 
Sea transient stock of killer whale to the list of species/stocks 
incidentally killed or injured in the Category III AK Bering Sea, 
Aleutian Greenland turbot longline fishery based on observed mortality 
in 2015 (Muto et al., 2021).
    NMFS proposes to add the Clarence Strait stock of harbor seal to 
the list of species/stocks incidentally killed or injured in the 
Category III AK Gulf of Alaska halibut longline fishery based on an 
observed mortality in 2018 (Young et al., 2020).
    NMFS proposes to add the Cook Inlet/Shelikof Strait stock of harbor 
seal to the list of species/stocks incidentally killed or injured in 
the Category III AK Gulf of Alaska Pacific cod longline fishery based 
on an observed mortality in 2018 (Young et al., 2020).
    NMFS proposes to add the California stock of Northern elephant seal 
to the list of species/stocks incidentally killed or injured in the 
Category III AK Bering Sea, Aleutian Islands Atka mackerel trawl 
fishery based on an observed serious injury in 2018 (Carretta et al., 
2020).
    NMFS proposes to add three stocks to the list of species/stocks 
incidentally killed or injured in the Category III AK Gulf of Alaska 
flatfish trawl fishery. The three stocks are: (1) Cook Inlet/Shelikof 
Strait stock of harbor seal, (2) North Kodiak stock of harbor seal, and 
(3) South Kodiak stock of harbor seal. In 2017, there were three 
observed mortalities of harbor seals (one from the North Kodiak stock 
and two from the Cook Inlet/Shelikof Strait stock) in the Gulf of 
Alaska flatfish trawl fishery. In 2018, there was one observed 
mortality of a harbor seal from South Kodiak stock (Young et al., 
2020).
    NMFS proposes to add the North Pacific stock of sperm whale to the 
list of species/stocks incidentally killed or injured in the Category 
III AK Bering Sea, Aleutian Islands sablefish pot fishery based on an 
observed mortality in 2018 (Muto et al., 2021).
    NMFS proposes to add the U.S. stock of California sea lion to the 
list of species/stocks incidentally killed or injured in the Category 
III WA/OR/CA groundfish/finfish hook and line fishery. In 2017, a 
California sea lion depredated gear from the nearshore hook and line 
fishery and in the process carried the away the gear with seven hooks 
attached (Carretta et al., 2021).
    NMFS proposes to add the Central 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 based on an observed vessel strike that was determined to be a 
serious injury in 2017 (Young et al., 2020).
    NMFS proposes to add the unknown stock of striped dolphin to the 
list of species/stocks incidentally killed or injured in the Category 
II American Samoa longline fishery based on an observed serious injury 
in 2018.
    NMFS proposes to remove the Alaska resident stock of killer whale 
from the list of species/stocks incidentally killed or injured in the 
Category III AK Bering Sea, Aleutian Islands Greenland turbot longline 
fishery based on no recently observed mortalities or injuries.
    NMFS proposes to remove the Alaska stock of spotted seal from the 
list of species/stocks incidentally killed or injured in the Category 
III AK Bering Sea, Aleutian Islands Pacific cod

[[Page 43501]]

longline fishery based on no recently observed mortalities or injuries.
    NMFS proposes to remove the six 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 bearded 
seal, (2), Bristol Bay stock of beluga whale, (3) Eastern Bering Sea 
stock of beluga whale, (4) Eastern Chukchi Sea stock of beluga whale, 
(5) Eastern Pacific stock of Northern fur seal and (6) Alaska stock of 
spotted seal. There have been no recently observed mortalities and 
injures of these six stocks in the AK Bering Sea, Aleutian Islands 
pollock trawl fishery.
    NMFS proposes to remove the Alaska stock of bearded seal from the 
list of species/stocks incidentally killed or injured in the Category 
III AK Bering Sea, Aleutian Islands Atka mackerel trawl fishery based 
on no recently observed mortalities or injuries.
    NMFS proposes to remove both the Gulf of Alaska, Aleutian Islands, 
Bering Sea transient stock and Eastern North Pacific Alaska resident 
stock of killer whale from the list of species/stocks incidentally 
killed or injured in the Category III AK Bering Sea, Aleutian Islands 
rockfish trawl fishery based on no recently observed mortalities or 
injuries. NMFS proposes to remove the North Pacific stock of Northern 
elephant seal from the list of species/stocks incidentally killed or 
injured in the Category III AK Gulf of Alaska flatfish trawl fishery 
based on no recently observed mortalities or injuries.
    NMFS proposes to remove the Alaska stock of harbor seal from the 
list of species/stocks incidentally killed or injured in the Category 
III AK Gulf of Alaska Pacific cod trawl fishery based on no recently 
observed mortalities or injuries.
    NMFS proposes to remove three stocks from the list of species/
stocks incidentally killed or injured in the Category III AK Gulf of 
Alaska pollock trawl fishery: (1) Alaska stock of Dall's porpoise, (2) 
Northeast Pacific stock of fin whale and (3) North Pacific stock of 
Northern elephant seal. There have been no recently observed 
mortalities and injuries of these three stocks in the AK Gulf of Alaska 
pollock trawl fishery.
    NMFS proposes to remove the Gulf of Alaska stock of harbor seal 
from the list of species/stocks incidentally killed or injured in the 
Category III AK Gulf of Alaska Pacific cod pot fishery based on no 
recently observed mortalities or injuries. The list of species/stocks 
incidentally killed or injured in this fishery is updated to state none 
documented in the most recent 5 years of data.
    NMFS proposes to remove the Northeast Pacific stock of fin whale 
from the list of species/stocks incidentally killed or injured in the 
Category III AK Gulf of Alaska groundfish jig fishery based on no 
recently observed mortalities or injuries. The list of species/stocks 
incidentally killed or injured in this fishery is updated to state none 
documented in the most recent 5 years of data.
    NMFS proposes to remove five stocks from the list of species/stocks 
incidentally killed or injured in the Category I HI deep-set longline 
fishery: (1) Pelagic stock of bottlenose dolphin, (2) Hawaii stock of 
Kogia spp., (3) Hawaii stock of pygmy killer whale, (4) Hawaii stock of 
Risso's dolphin and (5) Hawaii stock of striped dolphin. There have 
been no recently reported or observed mortalities or injuries of these 
five stocks within the EEZ in the HI deep-set longline fishery 
(Carretta et al., 2021).
    NMFS proposes to remove six stocks from the list of species/stocks 
incidentally killed or injured in the Category II HI shallow-set 
longline fishery: (1) Hawaii stock of Blainville's beaked whale, (2) 
Hawaii pelagic stock of bottlenose dolphin, (3) Central North Pacific 
stock of humpback whale, (4) Hawaii stock of Risso's dolphin, (5) 
Hawaii stock of rough-toothed dolphin and (6) Hawaii stock of striped 
dolphin. From 2014-2018, there have been no reported or observed M/SI 
of these six stocks within the EEZ in the HI shallow-set longline 
fishery (Carretta et al., 2021).
    NMFS proposes to revise marine mammal stock names on the list of 
species/stocks incidentally killed or injured for consistency with the 
current stock names in the SARs as follows:
Category II AK Cook Inlet Salmon Set Gillnet Fishery
     Harbor seal, GOA to harbor seal, Cook Inlet/Shelikof 
Strait;
Category II AK Bering Sea, Aleutian Islands Flatfish Trawl Fishery
     Bearded seal, AK to bearded seal, Beringia;
     Harbor seal, Bering Sea to harbor seal, Bristol Bay;
     Killer whale, AK resident to killer whale, Eastern North 
Pacific Alaska resident;
     Killer whale, GOA, AI, BS transient to killer whale, 
Eastern North Pacific GOA, AI, BS transient;
     Ringed seal, AK to ringed seal, Arctic;
     Ribbon seal, AK to ribbon seal;
     Spotted seal, AK to spotted seal, Bering;
Category II AK Bering Sea, Aleutian Islands Pollock Trawl Fishery
     Harbor seal, AK to harbor seal, Bristol Bay;
     Ribbon seal, AK to ribbon seal;
Category II AK Prince William Sound Salmon Set Gillnet Fishery
     Harbor seal, GOA to harbor seal, Prince William Sound;
Category III AK Bering Sea, Aleutian Islands Rockfish Trawl Fishery
     Ribbon seal, AK to ribbon seal; and
Category III AK Bering Sea, Aleutian Islands Pacific Cod Trawl Fishery
     Ribbon seal, AK to ribbon seal.

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

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to add a new fishery, MA mixed species trap/pot 
fishery, as a Category II fishery that encompasses all trap/pot fishing 
that occurs in state waters of Massachusetts. We propose to remove 
Massachusetts state waters trap/pot fisheries from the broader Category 
I Northeast/Mid-Atlantic American lobster trap/pot and Category II 
Atlantic mixed species trap/pot fisheries. This new Category II fishery 
includes, but is not limited to, trap/pot fisheries targeting American 
lobster, black sea bass, whelk, tautog, jonah crab, and rock crab in 
Massachusetts state waters. This list is not considered comprehensive 
and other species targeted or caught using trap/pot fixed gear within 
this geographical boundary, current and future, will also be considered 
a part of the MA mixed species trap/pot fishery. Based on permit holder 
information collected through the MMAP in 2019, there are an estimated 
1,240 state permit holders utilizing trap/pot gear.
    On January 28, 2021, the Massachusetts Marine Fisheries Advisory 
Commission approved several new regulatory measures affecting protected 
species and fixed gear fishing in Massachusetts. The suite of 
regulations include gear modifications and changes to seasonal closures 
that differentiate the Massachusetts trap/pot fishery from the 
Northeast/Mid-Atlantic American lobster trap/pot and Atlantic mixed 
species trap/pot fisheries. The Massachusetts Department of Marine 
Fisheries has begun implementing these regulations, which are further 
described below, and all measures will be in place for the 2022 fishing 
season. Based on these new regulations, the Massachusetts Department of 
Marine Fisheries commented on the 2021 LOF

[[Page 43502]]

and asked NMFS to consider separating out the trap/pot fixed gear 
fishery operating in Massachusetts state waters from the Northeast/Mid-
Atlantic American lobster trap/pot and Atlantic mixed species trap/pot 
fisheries. NMFS agreed to reevaluate the fishery in the 2022 LOF. We 
have determined that these gear modifications and time/area 
restrictions sufficiently differentiate the risk posed by the MA mixed 
species trap/pot fishery from the surrounding trap/pot fisheries, 
warranting a separate fishery on the LOF.
    This determination is based on, among other considerations 
discussed below, several characteristics of the MA mixed species trap/
pot fishery as modified by these new state regulations: (1) By the 2022 
fishing season, all commercial trap fishermen in Massachusetts state 
waters will be required to fish buoy lines that break when exposed to 
1,700 pounds (771 kg) of tension; (2) all commercial trap fishermen 
will be required to fish buoy lines with a maximum diameter of \3/8\ 
inch (9.5 mm); and (3) state-specific gear marks will be required to be 
no more than 60 feet (18 m) apart on all vertical lines, distinguishing 
the gear from other states that will use different colors and fewer 
marks. Massachusetts is the only state to require these gear 
modifications by regulation, creating a consistent standard across the 
state's waters for all commercial trap/pot fishermen.
    The LOF considers the risk that a fishery poses to marine mammal 
stocks. Along with required gear modifications, Massachusetts is 
implementing extensive seasonal time/area closures that expand current 
restricted areas in time and space to significantly reduce co-
occurrence of the fishery and North Atlantic right whales. 
Specifically, a seasonal commercial trap/pot gear closure will occur 
from February 1-May 15 in Cape Cod Bay, Stellwagen Bank, and Outer Cape 
Cod Lobster Management Area, and north to the New Hampshire border. 
During the May 1-May 15 period, the closure will occur on a dynamic 
basis allowing the state to lift the closure (or parts thereof) if 
whales no longer remain in state waters. If right whales are not 
detected in the area during May 1-May 15, the closure area will re-
open. This management option is only possible due to the extensive 
monitoring of North Atlantic right whale populations through state and 
Federal aerial survey efforts over Massachusetts' waters. Monitoring 
information is further enhanced by sighting and entanglement reporting 
from commercial and recreational vessels that consistently use these 
waters.
    The overall changes to the fishery are expected to significantly 
reduce the risk of entanglement of North Atlantic right whales and 
other large whales in Massachusetts state waters and distinguish the 
Massachusetts state waters trap/pot fishery from other trap/pot 
fisheries in the area.
    To separate a Category I fishery into a new fishery due to new 
regulatory measures, NMFS will require at a minimum that the new 
fishery significantly reduce the risk of entanglement of the stock 
driving the Category I classification, and that the new fishery 
requires gear marks to distinguish the fishery from its former fishery 
on the LOF. Massachusetts fulfills these threshold requirements. In 
addition, the new fishery's classification and status as a separate 
fishery will be reevaluated annually.
    NMFS is therefore proposing to classify the new MA mixed species 
trap/pot fishery based on the regulatory definition (50 CFR 229.2) of a 
Category II fishery. As described above, this is a newly identified 
fishery and, as a new fishery, there is an absence of incidental 
mortality and serious injury of marine mammal information in this 
fishery as currently prosecuted. Based on this absence of incidental 
mortality and serious injury information, no marine mammal species/
stocks will be included on the list of species/stocks incidentally 
killed or injured in Table 2 for this new fishery. Species/stocks will 
be added to the list if mortalities or injuries are documented in the 
fishery. With the information from the extensive monitoring programs in 
Massachusetts state waters, NMFS will annually evaluate the 
classification of this newly identified fishery for the LOF.
    This proposed Category II classification for the MA mixed species 
trap/pot fishery does not change the measures that the fishery is 
currently subjected to through the Atlantic Large Whale Take Reduction 
Plan (ALWTRP). NMFS proposes to add the fishery to the list of affected 
fisheries for the ALWTRP in Table 4.

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

    NMFS proposes to add the Northern migratory coastal stock of 
bottlenose dolphin to the list of species/stocks incidentally killed or 
injured in the Category I Northeast sink gillnet fishery. In 2017, 
there were four self-reported mortalities in this fishery. These 
mortalities included one case from August 2017 of two dolphins 
entangled in the same gillnet, and a separate case from November 2017 
of two dolphins entangled in the same gillnet (Hayes et al., 2021).
    NMFS proposes to add both the Pensacola Bay, East Bay stock and 
Perdido Bay stocks of bottlenose dolphin to the list of species/stocks 
incidentally killed or injured in the Category II Southeastern U.S. 
Atlantic, Gulf of Mexico shrimp trawl fishery. In 2016, there were two 
dolphin mortalities with documented shrimp trawl entanglements, one in 
Pensacola Bay and one in Perdido Bay. One stranded, dead dolphin was 
documented with shrimp trawl mesh attached and showing evidence of net 
marks and constriction. Another stranded, dead dolphin was documented 
with shrimp trawl headrope attached as well as small pieces of webbing. 
The gear was analyzed and verified by NOAA NMFS Harvesting Systems 
Branch Gear Analysis Lab in Pascagoula, MS (NOAA National Marine Mammal 
Health and Stranding Response Database unpublished data, Hayes et al., 
2019).

Commercial Fisheries on the High Seas

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to rename the Category II South Pacific tuna purse 
seine fishery to the Western and Central Pacific Ocean tuna purse seine 
fishery. This proposed change aligns the name with the current 
statutory authority under which the fishery is managed, the Western and 
Central Pacific Fisheries Convention Implementation Act, and the gear 
used in the fishery.
    NMFS proposes to clarify the fishery description for the renamed 
Category II Western and Central Pacific Ocean tuna purse seine fishery. 
NMFS clarifies that the only gear type used in this fishery is purse 
seine. The fishery description previously included longline gear, 
however, South Pacific tuna longline fishery is included under the 
Western Pacific Pelagic deep-set and shallow-set longline fisheries. 
Based on this proposed clarification, NMFS also proposes to remove the 
Category II South Pacific tuna longline fishery from the LOF.

Number of Vessels/Persons

    NMFS proposes updates to the estimated number of HSFCA permits for 
high seas fisheries (Table 3) as follows:
Category I
     Atlantic highly migratory species longline fishery from 45 
to 39 HSFCA permits;

[[Page 43503]]

Category II
     Western and Central Pacific Ocean tuna purse seine fishery 
from 26 to 20 HSFCA permits;
     Pacific highly migratory species handline/pole and line 
fishery from 43 to 44 HSFCA permits;
     South Pacific albacore troll handline/pole and line 
fishery from 10 to 9 HSFCA permits;
     South Pacific albacore troll fishery from 18 to 20 HSFCA 
permits; South Pacific tuna troll fishery from 1 to 0 HSFCA permits;
     Western Pacific pelagic troll fishery from 4 to 6 HSFCA 
permits;
Category III
     Pacific highly migratory species longline fishery from 105 
to 111 HSFCA permits; and
     Pacific highly migratory species troll fishery from 111 to 
107 HSFCA permits.

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

    NMFS proposes to add the following 18 stocks to the list of 
species/stocks incidentally killed or injured in the Category II 
Western and Central Pacific Ocean tuna purse seine fishery based on 
observed and fishermen self-reported mortalities and injuries from 2014 
through 2020: (1) Hawaii pelagic stock of bottlenose dolphin, (2) 
unknown stock of blue whale, (3) Hawaii stock of Bryde's whale, (4) 
Hawaii pelagic stock of false killer whale, (5) Hawaii stock of fin 
whale, (6) unknown stock of humpback whale, (7) Indo-Pacific bottlenose 
dolphin, (8) California stock of long-beaked common dolphin, (9) 
unknown stock of melon-headed whale, (10) Hawaii stock of minke whale, 
(11) unknown stock of pantropical spotted dolphin, (12) Hawaii stock of 
pygmy killer whale, (13) unknown stock of Risso's dolphin, (14) unknown 
stock of rough-toothed dolphin, (15) Hawaii stock of sei whale, (16) 
unknown stock of short-finned pilot whale, (17) Hawaii stock of sperm 
whale, and (18) unknown stock of spinner dolphin.
    NMFS proposes to add Ginkgo-toothed beaked whale to the list of 
species/stocks incidentally killed or injured in the Category II 
Western Pacific Pelagic longline fishery (HI shallow-set component). An 
observed entanglement that occurred in 2014 was originally added as an 
unknown stock of Mesoplodon species to the list of species/stocks 
incidentally killed or injured. This observed entanglement was later 
updated to be a Ginkgo-toothed beaked whale.
    NMFS proposes to remove the Central North Pacific stock of humpback 
whale and Hawaii stock of pygmy killer whale from the list of species/
stocks incidentally killed or injured in the Category I Western Pacific 
Pelagic longline fishery (HI deep-set component). From 2014-2018, there 
were no observed mortalities or injuries of these two stocks in the HI 
deep-set component of the Western Pacific Pelagic longline fishery 
(Carretta et al., 2021, Muto et al., 2021).
    NMFS proposes to remove three stocks from the list of species/
stocks incidentally killed or injured in the Category II Western 
Pacific Pelagic longline fishery (HI shallow-set component). The three 
stocks are: (1) Hawaii stock of Blainville's beaked whale, (2) unknown 
stock of Mesoplodon species, and (3) Hawaii stock of rough-toothed 
dolphin. From 2014-2018, there were no observed moralities or injuries 
of these stocks in the HI shallow-set component of the Western Pacific 
Pelagic longline fishery (Carretta et al., 2021).

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 2018. 
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

[[Page 43504]]

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.

  Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
                                                        Marine mammal
                               Estimated number of     species and/or
     Fishery description         vessels/ persons    stocks incidentally
                                                      killed or injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
Longline/Set Line Fisheries:
    HI deep-set longline *     143................  False killer whale,
     [supcaret].                                     HI Pelagic.\1\
                                                    False killer whale,
                                                     MHI Insular.
                                                    False killer whale,
                                                     NWHI.
                                                    Humpback whale.
                                                     Central North
                                                     Pacific.
                                                    Rough-toothed
                                                     dolphin, HI.
                                                    Short-finned pilot
                                                     whale, HI.
------------------------------------------------------------------------
                               CATEGORY II
------------------------------------------------------------------------
Gillnet Fisheries:
    CA thresher shark/         21.................  Bottlenose dolphin,
     swordfish drift gillnet                         CA/OR/WA offshore.
     (>=14 in 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   39.................  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,  20.................  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      1,862..............  Beluga whale,
     drift gillnet \2\.                              Bristol Bay.
                                                    Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, Bering
                                                     Sea.
                                                    Northern fur seal,
                                                     Eastern Pacific.
                                                    Pacific white-sided
                                                     dolphin, North
                                                     Pacific.
                                                    Spotted seal, AK.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Bristol Bay salmon set  979................  Beluga whale,
     gillnet \2\.                                    Bristol Bay.
                                                    Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, Bering
                                                     Sea.
                                                    Northern fur seal,
                                                     Eastern Pacific.
                                                    Spotted seal, AK.
    AK Kodiak salmon set       188................  Harbor porpoise,
     gillnet.                                        GOA.\1\
                                                    Harbor seal, GOA.

[[Page 43505]]

 
                                                    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, Cook
                                                     Inlet/Shelikof
                                                     Strait.
                                                    Humpback whale,
                                                     Central North
                                                     Pacific.\1\
                                                    Sea otter, South
                                                     central AK.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Cook Inlet salmon       569................  Beluga whale, Cook
     drift gillnet.                                  Inlet.
                                                    Dall's porpoise, AK.
                                                    Harbor porpoise,
                                                     GOA.\1\
                                                    Harbor seal, GOA.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Peninsula/Aleutian      162................  Dall's porpoise, AK.
     Islands salmon drift                           Harbor porpoise,
     gillnet \2\.                                    GOA.
                                                    Harbor seal, GOA.
                                                    Northern fur seal,
                                                     Eastern Pacific.
    AK Peninsula/Aleutian      113................  Harbor porpoise,
     Islands salmon set                              Bering Sea.
     gillnet \2\.                                   Northern sea otter,
                                                     Southwest AK.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Prince William Sound    537................  Dall's porpoise, AK.
     salmon drift gillnet.                          Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor porpoise,
                                                     GOA.\1\
                                                    Harbor seal, Prince
                                                     William Sound.
                                                    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      136................  Dall's porpoise, CA/
     salmon drift gillnet                            OR/WA.
     (includes all inland                           Harbor porpoise,
     waters south of US-                             inland WA.\1\
     Canada border and
     eastward of the Bonilla-
     Tatoosh line-Treaty
     Indian fishing is
     excluded).
                                                    Harbor seal, WA
                                                     inland.
Trawl Fisheries:
    AK Bering Sea, Aleutian    32.................  Bearded seal,
     Islands flatfish trawl.                         Beringia.
                                                    Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor porpoise,
                                                     Bering Sea.
                                                    Harbor seal, Bristol
                                                     Bay.
                                                    Humpback whale,
                                                     Western North
                                                     Pacific.\1\
                                                    Killer whale,
                                                     Eastern North
                                                     Pacific Alaska
                                                     resident.\1\
                                                    Killer whale,
                                                     Eastern North
                                                     Pacific GOA, AI, BS
                                                     transient.\1\
                                                    Northern fur seal,
                                                     Eastern Pacific.
                                                    Ringed seal, Arctic.
                                                    Ribbon seal.
                                                    Spotted seal,
                                                     Bering.
                                                    Steller sea lion,
                                                     Western U.S.\1\
                                                    Walrus, AK.
    AK Bering Sea, Aleutian    102................  Harbor seal, Bristol
     Islands pollock trawl.                          Bay.
                                                    Humpback whale,
                                                     Central North
                                                     Pacific.
                                                    Humpback whale,
                                                     Western North
                                                     Pacific.
                                                    Ribbon seal.
                                                    Ringed seal, Arctic.
                                                    Steller sea lion,
                                                     Western U.S.\1\
Pot, Ring Net, and Trap
 Fisheries:

[[Page 43506]]

 
    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.  9..................  Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, CA.
                                                    Humpback whale, CA/
                                                     OR/WA.\1\
    CA spiny lobster.........  189................  Bottlenose dolphin,
                                                     CA/OR/WA offshore.
                                                    California sea lion,
                                                     U.S.
                                                    Humpback whale, CA/
                                                     OR/WA.\1\
                                                    Gray whale, Eastern
                                                     North Pacific.
                                                    Southern sea otter.
    CA spot prawn pot........  22.................  Gray whale, Eastern
                                                     North Pacific.
                                                    Humpback whale, CA/
                                                     OR/WA.\1\
                                                    Long-beaked common
                                                     dolphin, CA.
    CA Dungeness crab pot....  471................  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....  323................  Gray whale, Eastern
                                                     North Pacific.
                                                    Humpback whale, CA/
                                                     OR/WA.\1\
    WA/OR/CA sablefish pot...  144................  Humpback whale, CA/
                                                     OR/WA.\1\
    WA coastal Dungeness crab  204................  Gray whale, Eastern
     pot.                                            North Pacific.
                                                    Humpback whale, CA/
                                                     OR/WA.\1\
Longline/Set Line Fisheries:
    AK Gulf of Alaska          295................  Northern elephant
     sablefish longline.                             seal, California.
                                                    Sperm whale, North
                                                     Pacific.
                                                    Steller sea lion,
                                                     Eastern U.S.
    HI shallow-set longline *  11.................  False killer whale,
     [supcaret].                                     HI Pelagic.\1\
    American Samoa longline    13.................  False killer whale,
     \2\.                                            American Samoa.
                                                    Rough-toothed
                                                     dolphin, American
                                                     Samoa.
                                                    Short-finned pilot
                                                     whale, unknown.
                                                    Striped dolphin,
                                                     unknown.
    HI shortline \2\.........  5..................  None documented.
------------------------------------------------------------------------
                              CATEGORY III
------------------------------------------------------------------------
Gillnet Fisheries:
    AK Kuskokwim, Yukon,       1,778..............  Harbor porpoise,
     Norton Sound, Kotzebue                          Bering Sea.
     salmon gillnet.
    AK Prince William Sound    29.................  Harbor seal, GOA.
     salmon set gillnet.                            Humpback whale,
                                                     Central North
                                                     Pacific.
                                                    Sea otter, South
                                                     central AK.
                                                    Steller sea lion,
                                                     Western U.S.
    AK roe herring and food/   920................  None documented.
     bait herring gillnet.
    CA set gillnet (mesh size  11.................  None documented.
     <3.5 in).
    HI inshore gillnet.......  29.................  Bottlenose dolphin,
                                                     HI.
                                                    Spinner dolphin, HI.
    WA Grays Harbor salmon     19.................  Harbor seal, OR/WA
     drift gillnet (excluding                        coast.
     treaty Tribal fishing).
    WA/OR Mainstem Columbia    10.................  None documented.
     River eulachon gillnet.
    WA/OR lower Columbia       244................  California sea lion,
     River (includes                                 U.S.
     tributaries) drift                             Harbor seal, OR/WA
     gillnet.                                        coast.
    WA Willapa Bay drift       57.................  Harbor seal, OR/WA
     gillnet.                                        coast.
                                                    Northern elephant
                                                     seal, CA breeding.
Miscellaneous Net Fisheries:
    AK Cook Inlet salmon       83.................  Humpback whale,
     purse seine.                                    Central North
                                                     Pacific.
    AK Kodiak salmon purse     376................  Dall's porpoise, AK.
     seine.                                         Harbor seal, North
                                                     Kodiak.
                                                    Humpback whale,
                                                     Central North
                                                     Pacific.
                                                    Humpback whale,
                                                     Western North
                                                     Pacific.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Southeast salmon purse  315................  Humpback whale,
     seine.                                          Central 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                                 William Sound.
     Peninsula).
    WA/OR sardine purse seine  6..................  None documented.

[[Page 43507]]

 
    CA anchovy, mackerel,      53.................  California sea lion,
     sardine purse seine.                            U.S.
                                                    Harbor seal, CA.
    CA squid purse seine.....  68.................  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 *....  14.................  None documented.
    WA/OR Lower Columbia       1..................  None documented.
     River salmon seine.
    WA/OR herring, anchovy,    41.................  None documented.
     smelt, squid purse seine
     or lampara.
    WA salmon seine..........  81.................  None documented.
    WA salmon reef net.......  11.................  None documented.
    HI lift net..............  15.................  None documented.
    HI inshore purse seine...  None recorded......  None documented.
    HI throw net, cast net...  15.................  None documented.
    HI seine net.............  17.................  None documented.
Dip Net Fisheries:
    CA squid dip net.........  19.................  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..  1..................  None documented.
    WA salmon net pens.......  14.................  California sea lion,
                                                     U.S.
                                                    Harbor seal, WA
                                                     inland waters.
    WA/OR shellfish            23.................  None documented.
     aquaculture.
Troll Fisheries:
    WA/OR/CA albacore surface  556................  None documented.
     hook and line/troll.
    CA halibut, white          388................  None documented.
     seabass, and yellowtail
     hook and line/handline.
    CA/OR/WA non-albacore HMS  124................  None documented.
     hook and line.
    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....  1,030..............  None documented.
    HI troll.................  1,380..............  Pantropical spotted
                                                     dolphin, HI.
    HI rod and reel..........  237................  None documented.
    Commonwealth of the        40.................  None documented.
     Northern Mariana Islands
     tuna troll.
    Guam tuna troll..........  398................  None documented.
Longline/Set Line Fisheries:
    AK Bering Sea, Aleutian    4..................  Killer whale, GOA,
     Islands Greenland turbot                        AI, BS transient.
     longline.
    AK Bering Sea, Aleutian    45.................  Northern fur seal,
     Islands Pacific cod                             Eastern Pacific.
     longline.                                      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,
     longline.                                       Clarence Strait.
                                                    Harbor seal, Cook
                                                     Inlet.
                                                    Steller sea lion,
                                                     Eastern U.S.
    AK Gulf of Alaska Pacific  92.................  Harbor seal, Cook
     cod longline.                                   Inlet/Shelikof
                                                     Strait.
                                                    Steller sea lion,
                                                     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,       314................  Bottlenose dolphin,
     bottomfish longline/set                         CA/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/CA Pacific halibut   130................  None documented.
     longline.
    CA pelagic longline......  4..................  None documented in
                                                     the most recent 5
                                                     years of data.
    HI kaka line.............  5..................  None documented.
    HI vertical line.........  None recorded......  None documented.
Trawl Fisheries:

[[Page 43508]]

 
    AK Bering Sea, Aleutian    13.................  Harbor seal,
     Islands Atka mackerel                           Aleutian Islands.
     trawl.                                         Northern elephant
                                                     seal, California.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Bering Sea, Aleutian    72.................  Bearded seal, AK.
     Islands Pacific cod                            Ribbon seal.
     trawl.                                         Steller sea lion,
                                                     Western U.S.
    AK Bering Sea, Aleutian    17.................  Harbor seal,
     Islands rockfish trawl.                         Aleutian Islands.
                                                    Ribbon seal.
    AK Gulf of Alaska          36.................  Harbor seal, Cook
     flatfish trawl.                                 Inlet/Shelikof
                                                     Strait.
                                                    Harbor seal, North
                                                     Kodiak.
                                                    Harbor seal, South
                                                     Kodiak.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Gulf of Alaska Pacific  55.................  Steller sea lion,
     cod trawl.                                      Western U.S.
    AK Gulf of Alaska pollock  67.................  Steller sea lion,
     trawl.                                          Western U.S.
    AK Gulf of Alaska          43.................  Steller sea lion,
     rockfish trawl.                                 Western U.S.
    AK Kodiak food/bait        4..................  None documented.
     herring otter trawl.
    AK shrimp otter trawl and  38.................  None documented.
     beam trawl.
    AK state-managed waters    2..................  None documented.
     of Prince William Sound
     groundfish trawl.
    CA halibut bottom trawl..  23.................  California sea lion,
                                                     U.S.
                                                    Harbor porpoise,
                                                     unknown.
                                                    Harbor seal,
                                                     unknown.
                                                    Northern elephant
                                                     seal, CA breeding.
                                                    Steller sea lion,
                                                     unknown.
    CA sea cucumber trawl....  11.................  None documented.
    WA/OR/CA shrimp trawl....  130................  California sea lion,
                                                     U.S.
    WA/OR/CA groundfish trawl  118................  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..................  Sperm whale, North
     Islands sablefish pot.                          Pacific.
    AK Bering Sea, Aleutian    540................  Bowhead whale,
     Islands crab pot.                               Western Arctic.
                                                    Gray whale, Eastern
                                                     North Pacific.
    AK Gulf of Alaska crab     271................  None documented.
     pot.
    AK Gulf of Alaska Pacific  116................  None documented in
     cod pot.                                        most recent 5 years
                                                     of data.
    AK Gulf of Alaska          248................  None documented.
     sablefish pot.
    AK Southeast Alaska crab   375................  Humpback whale,
     pot.                                            Central North
                                                     Pacific (Southeast
                                                     AK).
    AK Southeast Alaska        99.................  Humpback whale,
     shrimp pot.                                     Central North
                                                     Pacific (Southeast
                                                     AK).
    AK shrimp pot, except      141................  None documented.
     Southeast.
    AK octopus/squid pot.....  15.................  None documented.
    CA rock crab pot.........  113................  Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, CA.
    CA other crab/shellfish    40.................  None documented.
     pot fishery.
    WA/OR/CA hagfish pot.....  63.................  None documented.
    WA/OR/CA other groundfish  68.................  None documented.
     pot fishery.
    WA/OR shrimp pot/trap....  28.................  None documented.
    WA Puget Sound Dungeness   145................  None documented.
     crab pot/trap.
    HI crab trap.............  4..................  Humpback whale,
                                                     Central North
                                                     Pacific.
    HI fish trap.............  4..................  None documented.
    HI lobster trap..........  None recorded......  None documented in
                                                     recent years.
    HI shrimp trap...........  3..................  None documented.
    HI crab net..............  None recorded......  None documented.
    HI Kona crab loop net....  20.................  None documented.
Hook and Line, Handline, and
 Jig Fisheries:
    AK Bering Sea, Aleutian    2..................  None documented.
     Islands groundfish jig.
    AK Gulf of Alaska          214................  None documented in
     groundfish jig.                                 most recent 5 years
                                                     of data.
    AK halibut jig...........  71.................  None documented.
    American Samoa bottomfish  9..................  None documented.
    Commonwealth of the        11.................  None documented.
     Northern Mariana Islands
     bottomfish.
    Guam bottomfish..........  67.................  None documented.
    HI aku boat, pole, and     None recorded......  None documented.
     line.
    HI bottomfish handline...  385................  None documented in
                                                     recent years.
    HI inshore handline......  206................  None documented.

[[Page 43509]]

 
    HI pelagic handline......  300................  None documented.
    WA/OR/CA groundfish/       689................  California sea lion,
     finfish hook and line.                          U.S.
    Western Pacific squid jig  0..................  None documented.
Harpoon Fisheries:
    CA swordfish harpoon.....  21.................  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..........  None recorded......  None documented.
Bait Pens:
    WA/OR/CA bait pens.......  13.................  California sea lion,
                                                     U.S.
Dredge Fisheries:
    AK scallop dredge........  108 (5 AK).........  None documented.
Dive, Hand/Mechanical
 Collection Fisheries:
    AK clam..................  130................  None documented.
    AK Dungeness crab........  2..................  None documented.
    AK herring spawn on kelp.  266................  None documented.
    AK miscellaneous           214................  None documented.
     invertebrates handpick.
    CA/OR/WA dive collection.  186................  None documented.
    CA/WA kelp, seaweed and    4..................  None documented.
     algae.
    HI black coral diving....  None recorded......  None documented.
    HI fish pond.............  None recorded......  None documented.
    HI handpick..............  25.................  None documented.
    HI lobster diving........  12.................  None documented.
    HI spearfishing..........  82.................  None documented.
    WA/OR/CA hand/mechanical   320................  None documented.
     collection.
Commercial Passenger Fishing
 Vessel (Charter Boat)
 Fisheries:
    AK/WA/OR/CA commercial     >7,000 (1,006 AK)..  Humpback whale,
     passenger fishing vessel.                       Central North
                                                     Pacific.
                                                    Humpback whale,
                                                     Western North
                                                     Pacific.
                                                    Killer whale,
                                                     unknown.
                                                    Steller sea lion,
                                                     Eastern U.S.
                                                    Steller sea lion,
                                                     Western U.S.
Live Finfish/Shellfish
 Fisheries:
    HI aquarium collecting...  34.................  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
------------------------------------------------------------------------
                                                        Marine mammal
                               Estimated number of     species and/or
     Fishery description         vessels/ persons    stocks incidentally
                                                      killed or 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,
                                                     Northern Migratory
                                                     coastal.

[[Page 43510]]

 
                                                    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
     American lobster trap/                          of Maine.
     pot.                                           Minke whale,
                                                     Canadian east
                                                     coast.
                                                    North Atlantic right
                                                     whale, WNA.\1\
Longline Fisheries:
    Atlantic Ocean,            201................  Atlantic spotted
     Caribbean, Gulf of                              dolphin, Northern
     Mexico large pelagics                           GMX.
     longline *.                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     oceanic.
                                                    Bottlenose dolphin,
                                                     WNA offshore.
                                                    Common dolphin, WNA.
                                                    Cuvier's beaked
                                                     whale, WNA.
                                                    False killer whale,
                                                     WNA.
                                                    Harbor porpoise,
                                                     GME, BF.
                                                    Kogia spp. (Pygmy or
                                                     dwarf sperm whale),
                                                     WNA.
                                                    Long-finned pilot
                                                     whale, WNA.
                                                    Mesoplodon beaked
                                                     whale, WNA.
                                                    Minke whale,
                                                     Canadian East
                                                     coast.
                                                    Pantropical spotted
                                                     dolphin, Northern
                                                     GMX.
                                                    Pygmy sperm whale,
                                                     GMX.
                                                    Risso's dolphin,
                                                     Northern GMX.
                                                    Risso's dolphin,
                                                     WNA.
                                                    Rough-toothed
                                                     dolphin, Northern
                                                     GMX.
                                                    Short-finned pilot
                                                     whale, Northern
                                                     GMX.
                                                    Short-finned pilot
                                                     whale, WNA.\1\
                                                    Sperm whale,
                                                     Northern GMX.
------------------------------------------------------------------------
                               CATEGORY II
------------------------------------------------------------------------
Gillnet Fisheries:
    Chesapeake Bay inshore     265................  Bottlenose dolphin,
     gillnet \2\.                                    unknown (Northern
                                                     migratory coastal
                                                     or Southern
                                                     migratory coastal).
    Gulf of Mexico gillnet     248................  Bottlenose dolphin,
     \2\.                                            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    1,036..............  None documented.
     \2\.
    Southeast Atlantic         273................  Bottlenose dolphin,
     gillnet \2\.                                    Central FL coastal.
                                                    Bottlenose dolphin,
                                                     Northern FL
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     SC/GA coastal.
                                                    Bottlenose dolphin,
                                                     Southern migratory
                                                     coastal.
    Southeastern U.S.          21.................  Bottlenose dolphin,
     Atlantic shark gillnet.                         unknown (Central
                                                     FL, Northern FL, SC/
                                                     GA coastal, or
                                                     Southern migratory
                                                     coastal).
                                                    North Atlantic right
                                                     whale, WNA.
Trawl Fisheries:
    Mid-Atlantic mid-water     320................  Bottlenose dolphin,
     trawl (including pair                           WNA offshore.
     trawl).                                        Harbor seal, WNA.
    Mid-Atlantic bottom trawl  633................  Bottlenose dolphin,
                                                     WNA offshore.\1\
                                                    Common dolphin,
                                                     WNA.\1\
                                                    Gray seal, WNA.\1\
                                                    Harbor seal, WNA.
                                                    Risso's dolphin,
                                                     WNA.\1\

[[Page 43511]]

 
                                                    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.          10,824.............  Atlantic spotted
     Atlantic, Gulf of Mexico                        dolphin, Northern
     shrimp trawl.                                   Gulf of Mexico.
                                                    Bottlenose dolphin,
                                                     Charleston
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Eastern GMX
                                                     coastal.\1\
                                                    Bottlenose dolphin,
                                                     GMX bay, sound,
                                                     estuarine.\1\
                                                    Bottlenose dolphin,
                                                     GMX continental
                                                     shelf.
                                                    Bottlenose dolphin,
                                                     Mississippi River
                                                     Delta.
                                                    Bottlenose dolphin,
                                                     Mobile Bay,
                                                     Bonsecour Bay.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal.\1\
                                                    Bottlenose dolphin,
                                                     Pensacola Bay, East
                                                     Bay.
                                                    Bottlenose dolphin,
                                                     Perdido Bay.
                                                    Bottlenose dolphin,
                                                     SC/GA coastal.\1\
                                                    Bottlenose dolphin,
                                                     Southern migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Western GMX
                                                     coastal.\1\
Trap/Pot Fisheries:
    MA mixed species trap/pot  1,240..............  None documented.
    Southeastern U.S.          1,101..............  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                        Biscayne Bay
     stone crab trap/pot \2\.                        estuarine.
                                                    Bottlenose dolphin,
                                                     Central FL coastal.
                                                    Bottlenose dolphin,
                                                     Eastern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     FL Bay.
                                                    Bottlenose dolphin,
                                                     GMX bay, sound,
                                                     estuarine (FL west
                                                     coast portion).
                                                    Bottlenose dolphin,
                                                     Indian River Lagoon
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Jacksonville
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Sarasota Bay,
                                                     Little Sarasota
                                                     Bay.
    Atlantic mixed species     3,493..............  Fin whale, WNA.
     trap/pot \2\.                                  Humpback whale, Gulf
                                                     of Maine.
    Atlantic blue crab trap/   6,679..............  Bottlenose dolphin,
     pot.                                            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,
     purse seine.                                    GMX 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      17.................  Bottlenose dolphin,
     purse seine \2\.                                Northern Migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Southern Migratory
                                                     coastal.
Haul/Beach Seine Fisheries:

[[Page 43512]]

 
    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
     gillnet.                                        the most recent 5
                                                     years of data.
    RI, southern MA (to        unknown............  None documented in
     Monomoy Island), and NY                         the most recent 5
     Bight (Raritan and Lower                        years of data.
     NY Bays) inshore gillnet.
    Southeast Atlantic         unknown............  Bottlenose dolphin,
     inshore gillnet.                                Northern SC
                                                     estuarine system.
Trawl Fisheries:
    Atlantic shellfish bottom  >58................  None documented.
     trawl.
    Gulf of Mexico butterfish  2..................  Bottlenose dolphin,
     trawl.                                          Northern GMX
                                                     oceanic.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     continental shelf.
    Gulf of Mexico mixed       20.................  None documented.
     species trawl.
    GA cannonball jellyfish    1..................  Bottlenose dolphin,
     trawl.                                          SC/GA coastal.
Marine Aquaculture Fisheries:
    Finfish aquaculture......  48.................  Harbor seal, WNA.
    Shellfish aquaculture....  unknown............  None documented.
Purse Seine Fisheries:
    Gulf of Maine Atlantic     >7.................  Harbor seal, WNA.
     herring purse seine.
    Gulf of Maine menhaden     >2.................  None documented.
     purse seine.
    FL West Coast sardine      10.................  Bottlenose dolphin,
     purse seine.                                    Eastern GMX
                                                     coastal.
    U.S. Atlantic tuna purse   5..................  None documented in
     seine *.                                        most recent 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
     Atlantic tuna, shark,                           of Maine.
     swordfish hook-and-line/
     harpoon.
    Southeastern U.S.          >5,000.............  Bottlenose dolphin,
     Atlantic, Gulf of                               GMX continental
     Mexico, and Caribbean                           shelf.
     snapper-grouper and
     other reef fish bottom
     longline/hook-and-line.
    Southeastern U.S.          39.................  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                        Eastern GMX
     shark bottom longline/                          coastal.
     hook-and-line.                                 Bottlenose dolphin,
                                                     Northern GMX
                                                     continental shelf.
    Southeastern U.S.          680................  None documented.
     Atlantic, Gulf of
     Mexico, and Caribbean
     pelagic hook-and-line/
     harpoon.
    U.S. Atlantic, Gulf of     unknown............  None documented.
     Mexico trotline.
Trap/Pot Fisheries:
    Caribbean mixed species    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.

[[Page 43513]]

 
    Southeastern U.S.          10.................  None documented.
     Atlantic, Gulf of Mexico
     golden crab trap/pot.
    U.S. Mid-Atlantic eel      unknown............  None documented.
     trap/pot.
Stop Seine/Weir/Pound Net/
 Floating Trap/Fyke Net
 Fisheries:
    Gulf of Maine herring and  >1.................  Harbor porpoise, GME/
     Atlantic mackerel stop                          BF.
     seine/weir.                                    Harbor seal, WNA.
                                                    Minke whale,
                                                     Canadian east
                                                     coast.
                                                    Atlantic white-sided
                                                     dolphin, WNA.
    U.S. Mid-Atlantic crab     2,600..............  None documented.
     stop seine/weir.
    U.S. Mid-Atlantic mixed    unknown............  Bottlenose dolphin,
     species stop seine/weir/                        Northern NC
     pound net (except the NC                        estuarine system.
     roe mullet stop net).
    RI floating trap.........  9..................  None documented.
    Northeast and Mid-         unknown............  None documented.
     Atlantic fyke net.
Dredge Fisheries:
    Gulf of Maine sea urchin   unknown............  None documented.
     dredge.
    Gulf of Maine mussel       unknown............  None documented.
     dredge.
    Gulf of Maine, U.S. Mid-   >403...............  None documented.
     Atlantic sea scallop
     dredge.
    Mid-Atlantic blue crab     unknown............  None documented.
     dredge.
    Mid-Atlantic soft-shell    unknown............  None documented.
     clam dredge.
    Mid-Atlantic whelk dredge  unknown............  None documented.
    U.S. Mid-Atlantic/Gulf of  7,000..............  None documented.
     Mexico oyster dredge.
    New England and Mid-       unknown............  None documented.
     Atlantic offshore surf
     clam/quahog dredge.
Haul/Beach Seine Fisheries:
    Caribbean haul/beach       38.................  West Indian manatee,
     seine.                                          Puerto Rico.
    Gulf of Mexico haul/beach  unknown............  None documented.
     seine.
    Southeastern U.S.          25.................  None documented.
     Atlantic haul/beach
     seine.
Dive, Hand/Mechanical
 Collection Fisheries:
    Atlantic Ocean, Gulf of    20,000.............  None documented.
     Mexico, Caribbean
     shellfish dive, hand/
     mechanical collection.
    Gulf of Maine urchin       unknown............  None documented.
     dive, hand/mechanical
     collection.
    Gulf of Mexico, Southeast  unknown............  None documented.
     Atlantic, Mid-Atlantic,
     and Caribbean cast net.
Commercial Passenger Fishing
 Vessel (Charter Boat)
 Fisheries:
    Atlantic Ocean, Gulf of    4,000..............  Bottlenose dolphin,
     Mexico, Caribbean                               Barataria Bay
     commercial passenger                            estuarine system.
     fishing vessel.                                Bottlenose dolphin,
                                                     Biscayne Bay
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Central FL coastal.
                                                    Bottlenose dolphin,
                                                     Choctawhatchee Bay.
                                                    Bottlenose dolphin,
                                                     Eastern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     FL Bay.
                                                    Bottlenose dolphin,
                                                     GMX bay, sound,
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Indian River Lagoon
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Jacksonville
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Mississippi Sound,
                                                     Lake Borgne, Bay
                                                     Boudreau.
                                                    Bottlenose dolphin,
                                                     Northern FL
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Northern GA/
                                                     Southern SC
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Northern migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Southern migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Southern NC
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     SC/GA coastal.
                                                    Bottlenose dolphin,
                                                     Western GMX
                                                     coastal.
                                                    Short-finned pilot
                                                     whale, WNA.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2:
DE--Delaware; FL--Florida; GA--Georgia; GME/BF--Gulf of Maine/Bay of
  Fundy; GMX--Gulf of Mexico; MA--Massachusetts; NC--North Carolina; NY--
  New York; RI--Rhode Island; SC--South Carolina; VA--Virginia; WNA--
  Western North Atlantic;
\1\ Fishery classified based on mortalities and serious injuries of this
  stock, which are greater than or equal to 50 percent (Category I) or
  greater than 1 percent and less than 50 percent (Category II) of the
  stock's PBR;
\2\ Fishery classified by analogy; and
* Fishery has an associated high seas component listed in Table 3.


[[Page 43514]]


    Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
                                                   Marine mammal species
                                 Number of HSFCA       and/or stocks
      Fishery description            permits      incidentally killed or
                                                          injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
Longline Fisheries:
    Atlantic Highly Migratory   39..............  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     143.............  Bottlenose dolphin, HI
     (HI Deep-set component) *                     Pelagic.
     [supcaret].                                  False killer whale, HI
                                                   Pelagic.
                                                  Kogia spp. (Pygmy or
                                                   dwarf sperm 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:
    Western and Central         20..............  Bottlenose dolphin, HI
     Pacific Ocean Tuna Purse                      Pelagic.
     Seine.                                       Blue whale, unknown.
                                                  Bryde's whale, HI.
                                                  False killer whale, HI
                                                   Pelagic.
                                                  Fin whale, HI.
                                                  Humpback whale,
                                                   unknown.
                                                  Indo-Pacific dolphin.
                                                  Long-beaked common
                                                   dolphin, CA.
                                                  Melon-headed whale,
                                                   unknown.
                                                  Minke whale, HI.
                                                  Pantropical spotted
                                                   dolphin, unknown.
                                                  Pygmy killer whale,
                                                   HI.
                                                  Risso's dolphin,
                                                   unknown.
                                                  Rough-toothed dolphin,
                                                   unknown.
                                                  Sei whale, HI.
                                                  Short-finned pilot
                                                   whale, unknown.
                                                  Sperm whale, HI.
                                                  Spinner dolphin,
                                                   unknown.
    Western Pacific Pelagic...  1...............  No information.
Longline Fisheries:
    CCAMLR....................  0...............  None documented.
    South Pacific Albacore      6...............  No information.
     Troll.
    Western Pacific Pelagic     11..............  Bottlenose dolphin, HI
     (HI Shallow-set                               Pelagic.
     component) * [supcaret].                     False killer whale, HI
                                                   Pelagic.
                                                  Fin whale, HI.
                                                  Ginkgo-toothed beaked
                                                   whale.
                                                  Guadalupe fur seal.
                                                  Humpback whale,
                                                   Central North
                                                   Pacific.
                                                  Northern elephant
                                                   seal, CA breeding.
                                                  Risso's dolphin, HI.
                                                  Short-beaked common
                                                   dolphin, CA/OR/WA.
                                                  Striped dolphin, HI.

[[Page 43515]]

 
Handline/Pole and Line
 Fisheries:
    Atlantic Highly Migratory   1...............  No information.
     Species.
    Pacific Highly Migratory    44..............  No information.
     Species.
    South Pacific Albacore      9...............  No information.
     Troll.
    Western Pacific Pelagic...  5...............  No information.
Troll Fisheries:
    Atlantic Highly Migratory   0...............  No information.
     Species.
    South Pacific Albacore      20..............  No information.
     Troll.
    South Pacific Tuna          0...............  No information.
     Fisheries **.
    Western Pacific Pelagic...  6...............  No information.
------------------------------------------------------------------------
                              CATEGORY III
------------------------------------------------------------------------
Longline Fisheries:
    Northwest Atlantic Bottom   2...............  None documented.
     Longline.
    Pacific Highly Migratory    111.............  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    107.............  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.


      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.
                                         MA mixed species trap/pot.
                                         Northeast anchored float
                                          gillnet.
                                         Northeast drift gillnet.
                                         Southeast Atlantic gillnet.
                                         Southeastern U.S. Atlantic
                                          shark gillnet.*
                                         Southeastern, U.S. Atlantic,
                                          Gulf of Mexico stone crab trap/
                                          pot. [supcaret]
Bottlenose Dolphin Take Reduction Plan   Category I
 (BDTRP)--50 CFR 229.35.                 Mid-Atlantic gillnet.
                                         Category II
                                         Atlantic blue crab trap/pot.
                                         Chesapeake Bay inshore gillnet
                                          fishery.
                                         Mid-Atlantic haul/beach seine.
                                         Mid-Atlantic menhaden purse
                                          seine.
                                         NC inshore gillnet.
                                         NC long haul seine.
                                         NC roe mullet stop net.
                                         Southeast Atlantic gillnet.
                                         Southeastern U.S. Atlantic
                                          shark gillnet.
                                         Southeastern U.S. Atlantic,
                                          Gulf of Mexico shrimp trawl.
                                          [supcaret]
                                         Southeastern, U.S. Atlantic,
                                          Gulf of Mexico stone crab trap/
                                          pot. [supcaret]
                                         VA pound net.

[[Page 43516]]

 
False Killer Whale Take Reduction Plan   Category I
 (FKWTRP)--50 CFR 229.37.                HI deep-set longline.
                                         Category II
                                         HI shallow-set longline.
Harbor Porpoise Take Reduction Plan      Category I
 (HPTRP)--50 CFR 229.33 (New England)    Mid-Atlantic gillnet.
 and 229.34 (Mid-Atlantic).              Northeast sink gillnet.
Pelagic Longline Take Reduction Plan     Category I
 (PLTRP)--50 CFR 229.36.                 Atlantic Ocean, Caribbean, Gulf
                                          of Mexico large pelagics
                                          longline.
Pacific Offshore Cetacean Take           Category II
 Reduction Plan (POCTRP)--50 CFR 229.31. CA thresher shark/swordfish
                                          drift gillnet (>=14 in mesh).
Atlantic Trawl Gear Take Reduction Team  Category II
 (ATGTRT).                               Mid-Atlantic bottom trawl.
                                         Mid-Atlantic mid-water trawl
                                          (including pair trawl).
                                         Northeast bottom trawl.
                                         Northeast mid-water trawl
                                          (including pair trawl).
------------------------------------------------------------------------
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 proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
Any entity with combined annual fishery landing receipts less than $11 
million is considered a small entity for purposes of the Regulatory 
Flexibility Act. Under the size standard, all entities subject to this 
action were considered small entities; thus, they all would continue to 
be considered small under the new standards.
    Under existing regulations, all individuals participating in 
Category I or II fisheries must register under the MMPA and obtain an 
authorization certificate. The authorization certificate authorizes the 
taking of non-endangered and non-threatened marine mammals incidental 
to commercial fishing operations. Additionally, individuals may be 
subject to a TRP and requested to carry an observer. NMFS has estimated 
that up to approximately 55,502 fishing vessels, most with annual 
revenues below the SBA's small entity thresholds, may operate in 
Category I or II fisheries. As fishing vessels operating in Category I 
or II fisheries, they are required to register with NMFS. The MMPA 
registration process is integrated with existing state and Federal 
licensing, permitting, and registration programs. Therefore, 
individuals who have a state or Federal fishing permit or landing 
license, or who are authorized through another related state or Federal 
fishery registration program, are currently not required to register 
separately under the MMPA or pay the $25 registration fee. Through this 
integrated process, registration under the MMPA, including the $25 
registration fee, is only required for vessels participating in a 
Category I or II non-permitted fishery. All Category I and II fisheries 
listed on the 2022 proposed LOF are permitted through state or Federal 
processes, and registration under the MMPA is covered through the 
integrated process. Therefore, this proposed rule would not impose any 
direct costs on small entities.
    The MMPA requires any vessel owner or operator participating in a 
fishery listed on the LOF to report to NMFS, within 48 hours of the end 
of the fishing trip, all marine mammal incidental mortalities and 
injuries that occur during commercial fishing operations. These marine 
mammal mortalities and injuries are reported using a postage-paid, 
Office of Management and Budget (OMB) approved form (OMB Control Number 
0648-0292). This postage-paid form requires less than 15 minutes to 
complete and can be dropped in any mailbox, faxed, emailed, or 
completed online within 48 hours of the vessels return to port. 
Therefore, record keeping and reporting costs associated with this LOF 
are minimal and would not have a significant impact on a substantial 
number of small entities.
    If a vessel is requested to carry an observer, vessels will not 
incur any direct economic costs associated with carrying that observer. 
As a result of this certification, an initial regulatory flexibility 
analysis is not required and none has been prepared. In the event that 
reclassification of a fishery to Category I or II results in a TRP, 
economic analyses of the effects of that TRP would be summarized in 
subsequent rulemaking actions.
    This proposed rule contains existing collection-of-information 
(COI) requirements subject to the Paperwork Reduction Act and would not 
impose additional or new COI requirements. The COI for the registration 
of individuals under the MMPA has been approved by the OMB under OMB 
Control Number 0648-0293 (0.15 hours per report for new registrants). 
The requirement for reporting marine mammal mortalities or injuries has 
been approved by OMB under OMB Control Number 0648-0292 (0.15 hours per 
report). These estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the COI. Send comments regarding 
these reporting burden estimates or any other aspect of the COI, 
including suggestions for reducing burden, to NMFS (see ADDRESSES). You 
may also submit comments on these or any other aspects of the 
collection of information at www.reginfo.gov/public/do/PRAMain.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with a COI, subject to the requirements of the Paperwork 
Reduction Act, unless that COI displays a currently valid OMB control 
number.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Orders 12866 and 13563.
    In accordance with the Companion Manual for NOAA Administrative 
Order (NAO) 216-6A, NMFS preliminarily

[[Page 43517]]

determined that publishing this proposed LOF qualifies to be 
categorically excluded from further NEPA review, consistent with 
categories of activities identified in Categorical Exclusion G7 
(``Preparation of policy directives, rules, regulations, and guidelines 
of an administrative, financial, legal, technical, or procedural 
nature, or for which the environmental effects are too broad, 
speculative or conjectural to lend themselves to meaningful analysis 
and will be subject later to the NEPA process, either collectively or 
on a case-by-case basis'') of the Companion Manual and we have not 
identified any extraordinary circumstances listed in Chapter 4 of the 
Companion Manual for NAO 216-6A that would preclude application of this 
categorical exclusion. If NMFS takes a management action, for example, 
through the development of a TRP, NMFS would first prepare an 
Environmental Impact Statement or Environmental Assessment, as required 
under NEPA, specific to that action.
    This proposed rule would not affect species listed as threatened or 
endangered under the ESA or their associated critical habitat. The 
impacts of numerous fisheries have been analyzed in various biological 
opinions, and this proposed rule will not affect the conclusions of 
those opinions. The classification of fisheries on the LOF is not 
considered to be a management action that would adversely affect 
threatened or endangered species. If NMFS takes a management action, 
for example, through the development of a TRP, NMFS would consult under 
ESA section 7 on that action.
    This proposed rule would have no adverse impacts on marine mammals 
and may have a positive impact on marine mammals by improving knowledge 
of marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This proposed rule would not affect the land or water uses or 
natural resources of the coastal zone, as specified under section 307 
of the Coastal Zone Management Act.

References

Carretta, J.V., E. Oleson, K.A. Forney, J. Baker, J.E. Moore, D.W. 
Weller, A.R. Lang, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. 
Lowry, J. Barlow, D. Lynch, L. Carswell, and R.L. Brownell Jr. 2021. 
U.S. Pacific Marine Mammal Stock Assessments: 2020. U.S. Department 
of Commerce, NOAA Technical Memorandum NMFS-SWFSC-646. 394 p.
Carretta, J.V., J. Greenman, K. Wilkinson, J. Freed, L. Saez, D. 
Lawson, J. Viezbicke, and J. Jannot. 2021. Sources of human-related 
injury and mortality for U.S. Pacific west coast marine mammal stock 
assessments, 2015-2019. Draft reviewed by the Pacific Scientific 
Review Group in March, 2021. 162 p.
Carretta, J.V., B. Delean, V. Helker, M.M. Muto, J. Greenman, K. 
Wilkinson, D. Lawson, J. Viezbicke, and J. Jannot. 2020. Sources of 
Human-Related Injury and Mortality for U.S. Pacific West Coast 
Marine Mammal Stock Assessments, 2014-2018, U.S. Department of 
Commerce, NOAA Technical Memorandum NMFS-SWFSC631. 147 p.
Hayes, S.A., Josephson, E., Maze-Foley, K., Rosel, P.E., editors. 
2021. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock 
Assessments 2020. U.S. Department of Commerce. 399 p.
Hayes, S.A., Josephson, E., Maze-Foley, K., Rosel, P.E., editors. 
2019. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock 
Assessments 2018. NOAA Tech Memo NMFS-NE-258, 298 p.
Muto, M.M., V.T. Helker, B.J. Delean, N.C. Young, J.C. Freed R.P. 
Angliss, P.L. Boveng, J.M. Breiwick, B.M. Brost, M.F. Cameron, P.J. 
Clapham, J.L. Crance, S.P. Dahle, M.E. Dahlheim, B.S. Fadely, M.C. 
Ferguson, L.W. Fritz, K.T. Goetz, 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, K.L. Sweeney, R.G. Towell, P.R. Wade, J.M. Waite, and 
Alexandre N. Zerbini. 2021. Alaska Marine Mammal Stock Assessments 
2020. U.S. Department of Commerce, NOAA Tech. Memo. NMFS-AFSC-421. 
398 p.
Young, N.C., B.J. Delean, V.T. Helker, J.C. Freed, M.M. Muto, K. 
Savage, S. Teerlink, L.A. Jemison, K. Wilkinson, and J.E. Jannot. 
2020. Human-caused mortality and injury of NMFS-managed Alaska 
marine mammal stocks, 2014-2018. U.S. Dep. Commer., NOAA Tech. 
Memo.NMFS-AFSC-413, 142 p.

    Dated: July 30, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-16653 Filed 8-6-21; 8:45 am]
BILLING CODE 3510-22-P