[Federal Register Volume 87, Number 75 (Tuesday, April 19, 2022)]
[Rules and Regulations]
[Pages 23122-23148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08210]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 220412-0093]
RIN 0648-BK40


List of Fisheries for 2022

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

ACTION: Final rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
final List of Fisheries (LOF) for 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: The effective date of this final rule is May 19, 2022.

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

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

SUPPLEMENTARY INFORMATION:

What is the List of Fisheries?

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

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definition can also be found in the implementing regulations for 
section 118 of the MMPA (50 CFR 229.2).
    Tier 1: Tier 1 considers the cumulative fishery mortality and 
serious injury for a particular stock. If the total annual mortality 
and serious injury of a marine mammal stock, across all fisheries, is 
less than or equal to 10 percent of the PBR level of the stock, all 
fisheries interacting with the stock will be placed in Category III 
(unless those fisheries interact with other stock(s) for which total 
annual mortality and serious injury is greater than 10 percent of PBR). 
Otherwise, these fisheries are subject to the next tier (Tier 2) of 
analysis to determine their classification.
    Tier 2: Tier 2 considers fishery-specific mortality and serious 
injury for a particular stock.
    Category I: Annual mortality and serious injury of a stock in a 
given fishery is greater than or equal to 50 percent of the PBR level 
(i.e., frequent incidental mortality and serious injury of marine 
mammals).
    Category II: Annual mortality and serious injury of a stock in a 
given fishery is greater than 1 percent and less than 50 percent of the 
PBR level (i.e., occasional incidental mortality and serious injury of 
marine mammals).
    Category III: Annual mortality and serious injury of a stock in a 
given fishery is less than or equal to 1 percent of the PBR level 
(i.e., a remote likelihood of or no known incidental mortality and 
serious injury of marine mammals).
    Additional details regarding how the categories were determined are 
provided in the preamble to the final rule implementing section 118 of 
the MMPA (60 FR 45086; August 30, 1995).
    Because fisheries are classified on a per-stock basis, a fishery 
may qualify as one category for one marine mammal stock and another 
category for a different marine mammal stock. A fishery is typically 
classified on the LOF at its highest level of classification (e.g., a 
fishery qualifying for Category III for one marine mammal stock and for 
Category II for another marine mammal stock will be listed under 
Category II). Stocks driving a fishery's classification are denoted 
with a superscript ``1'' in Tables 1 and 2.

Other Criteria That May Be Considered

    The tier analysis requires a minimum amount of data, and NMFS does 
not have sufficient data to perform a tier analysis on certain 
fisheries. Therefore, NMFS has classified certain fisheries by analogy 
to other fisheries that use similar fishing techniques or gear that are 
known to cause mortality or serious injury of marine mammals, or 
according to factors discussed in the final LOF for 1996 (60 FR 67063; 
December 28, 1995) and listed in the regulatory definition of a 
Category II fishery. In the absence of reliable information indicating 
the frequency of incidental mortality and serious injury of marine 
mammals by a commercial fishery, NMFS will determine whether the 
incidental mortality or serious injury is ``occasional'' by evaluating 
other factors such as fishing techniques, gear used, methods used to 
deter marine mammals, target species, seasons and areas fished, 
qualitative data from logbooks or fishermen reports, stranding data, 
and the species and distribution of marine mammals in the area, or at 
the discretion of the Assistant Administrator for Fisheries (50 CFR 
229.2).
    Further, eligible commercial fisheries not specifically identified 
on the LOF are deemed to be Category II fisheries until the next LOF is 
published (50 CFR 229.2).

How does NMFS determine which species or stocks are included as 
incidentally killed or injured in a fishery?

    The LOF includes a list of marine mammal species and/or stocks 
incidentally killed or injured in each commercial fishery. The list of 
species and/or stocks incidentally killed or injured includes 
``serious'' and ``non-serious'' documented injuries as described later 
in the List of Species and/or Stocks Incidentally Killed or Injured in 
the Pacific Ocean and List of Species and/or Stocks Incidentally Killed 
or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean 
sections. To determine which species or stocks are included as 
incidentally killed or injured in a fishery, NMFS annually reviews the 
information presented in the current SARs and injury determination 
reports. SARs are brief reports summarizing the status of each stock of 
marine mammals occurring in waters under U.S. jurisdiction, including 
information on the identity and geographic range of the stock, 
population statistics related to abundance, trend, and annual 
productivity, notable habitat concerns, and estimates of human-caused 
mortality and serious injury (M/SI) by source. The SARs are based upon 
the best available scientific information and provide the most current 
and inclusive information on each stock's PBR level and level of 
interaction with commercial fishing operations. The best available 
scientific information used in the SARs and reviewed for the 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

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of fishing effort; spatial and temporal distribution of fishing effort; 
characteristics of fishing gear and operations; management and 
regulations; and interactions with marine mammals. Copies of the SARs 
are available on the NMFS Office of Protected Resources website at: 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. Information on observer 
coverage levels in Category I, II, and III fisheries can be found in 
the fishery fact sheets on the NMFS Office of Protected Resources' 
website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables. Additional information on 
observer programs in commercial fisheries can be found on the NMFS 
National Observer Program's website: https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program.

How do I find out if a specific fishery is in Category I, II, or III?

    The LOF includes three tables that list all U.S. commercial 
fisheries by Category. Table 1 lists all of the commercial fisheries in 
the Pacific Ocean (including Alaska); Table 2 lists all of the 
commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and 
Caribbean; and Table 3 lists all U.S. authorized commercial fisheries 
on the high seas. A fourth table, Table 4, lists all commercial 
fisheries managed under applicable TRPs or take reduction teams (TRT).

Are high seas fisheries included on the LOF?

    Beginning with the 2009 LOF, NMFS includes high seas fisheries in 
Table 3 of the LOF, along with the number of valid High Seas Fishing 
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues 
HSFCA permits only for high seas fisheries analyzed in accordance with 
the National Environmental Policy Act (NEPA) and the Endangered Species 
Act (ESA). The authorized high seas fisheries are broad in scope and 
encompass multiple specific fisheries identified by gear type. For the 
purposes of the LOF, the high seas fisheries are subdivided based on 
gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to 
provide more detail on composition of effort within these fisheries. 
Many fisheries operate in both U.S. waters and on the high seas, 
creating some overlap between the fisheries listed in Tables 1 and 2 
and those in Table 3. In these cases, the high seas component of the 
fishery is not considered a separate fishery, but an extension of a 
fishery operating within U.S. waters (listed in Table 1 or 2). NMFS 
designates those fisheries in Tables 1, 2, and 3 with an asterisk (*) 
after the fishery's name. The number of HSFCA permits listed in Table 3 
for the high seas components of these fisheries operating in U.S. 
waters does not necessarily represent additional effort that is not 
accounted for in Tables 1 and 2. Many vessels/participants holding 
HSFCA permits also fish within U.S. waters and are included in the 
number of vessels and participants operating within those fisheries in 
Tables 1 and 2.
    HSFCA permits are valid for 5 years, during which time Fishery 
Management Plans (FMPs) can change. Therefore, some vessels/
participants may possess valid HSFCA permits without the ability to 
fish under the permit because it was issued for a gear type that is no 
longer authorized under the most current FMP. For this reason, the 
number of HSFCA permits displayed in Table 3 is likely higher than the 
actual U.S. fishing effort on the high seas. For more information on 
how NMFS classifies high seas fisheries on the LOF, see the preamble 
text in the final 2009 LOF (73 FR 73032; December 1, 2008). Additional 
information about HSFCA permits can be found at https://www.fisheries.noaa.gov/permit/high-seas-fishing-permits.

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

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

Am I required to register under the MMPA?

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

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

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

[[Page 23125]]

limit the issuance of authorization certificates to only those vessel 
or gear owners that participate in Category I or II fisheries, not all 
state and Federal license or permit systems distinguish between 
fisheries as classified by the LOF. Therefore, some vessel or gear 
owners in Category III fisheries may receive authorization certificates 
even though they are not required for Category III fisheries.
    Individuals fishing in Category I and II fisheries for which no 
state or Federal license or permit is required must register with NMFS 
by contacting their appropriate Regional Office (see ADDRESSES).
    In recognition of logistical challenges with certificate issuance 
related to the ongoing COVID-19 pandemic, the MMAP certificate issued 
in 2020 remains in effect, valid through December 31, 2022, for vessel 
or gear owners participating in all Category I and II fisheries as of 
the final 2022 LOF. 2020 certificates may be retained or replacements 
downloaded from https://go.usa.gov/xArUW.

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

    In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6, 
any vessel owner or operator, or gear owner or operator (in the case of 
non-vessel fisheries), participating in a fishery listed on the LOF 
must report to NMFS all incidental mortalities and injuries of marine 
mammals that occur during commercial fishing operations, regardless of 
the category in which the fishery is placed (I, II, or III) within 48 
hours of the end of the fishing trip or, in the case of non-vessel 
fisheries, fishing activity. ``Injury'' is defined in 50 CFR 229.2 as a 
wound or other physical harm. In addition, any animal that ingests 
fishing gear or any animal that is released with fishing gear 
entangling, trailing, or perforating any part of the body is considered 
injured, regardless of the presence of any wound or other evidence of 
injury, and must be reported.
    Mortality/injury reporting forms and instructions for submitting 
forms to NMFS can be found at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations or by contacting the appropriate regional office (see FOR 
FURTHER INFORMATION 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]; (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 2020 (86 FR 38991; July 23, 2021). The SARs are available 
at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/
marine-

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mammal-stock-assessment-reports-region.

Comments and Responses

    NMFS received eight comment letters on the proposed LOF for 2022 
(86 FR 43491; August 9, 2021). Comments were received from a member of 
the public; Center for Biological Diversity (CBD); Maine Department of 
Marine Resources (ME DMR), Maine Lobstermen's Association (MLA); Marine 
Mammal Commission (Commission); Massachusetts Lobstermen's Association; 
New England Aquarium; and a joint letter from Conservation Law 
Foundation, CBD, Defenders of Wildlife, and Whale and Dolphin 
Conservation (CLF et al.). Responses to substantive comments are below. 
Comments on actions not related to the LOF are not included.

General Comments

    Comment 1: The New England Aquarium recommends NMFS classify 
aquaculture operations on the LOF by gear, similar to how capture 
fisheries are included on the LOF. They note that shellfish aquaculture 
includes a range of operations from seed collection lines to grow-out 
systems. All aquaculture operations and their associated gear have 
varying degrees of risk to marine mammals and should be considered 
separately on the LOF.
    Response: NMFS thanks the commenter for providing this information 
on various aquaculture operations. NMFS will review the information 
provided and consider it in future LOFs. For fishery classification 
changes related to aquaculture on the LOF, NMFS would provide notice 
and the opportunity for public comment.
    Comment 2: The New England Aquarium recommends that NMFS classify 
by analogy aquaculture operations that use gear with static lines in 
the water. They state that these operations are similar to gear used in 
fixed-gear fisheries known to result in the M/SI of North Atlantic 
right whales. They also note that NMFS has classified several fisheries 
as Category II by analogy that have no documented marine mammal M/SI. 
Therefore, the New England Aquarium requests NMFS classify aquaculture 
operations with static lines that are analogous to Category I and II 
fixed-gear fisheries as Category II fisheries on the LOF.
    Response: NMFS has classified fisheries by analogy on the LOF that 
use similar fishing techniques or gear that are known to cause M/SI of 
marine mammals. Fishery classification by analogy was discussed in the 
final LOF for 1996 (60 FR 67063; December 28, 1995), and the factors 
for classifying by analogy are listed in the regulatory definition of a 
``Category II fishery'' in 50 CFR 229.2. NMFS will review the 
information provided by the New England Aquarium and consider it in a 
future LOF. For fishery classification changes related to aquaculture 
on the LOF, NMFS would provide notice and the opportunity for public 
comment.

Comments on Commercial Fisheries in the Pacific Ocean

    Comment 3: CBD recommends NMFS reclassify the Category III AK 
Bering Sea, Aleutian Islands (BSAI) sablefish pot fishery as Category 
II fishery. They note that NMFS proposed to add the North Pacific stock 
of sperm whale to the list of species/stocks incidentally killed or 
injured based on the 2018 observed mortality. PBR for this stock is 
0.5, and the annual estimated M/SI for the AK BSAI sablefish pot 
fishery is 0.2. This fishery should be reclassified as a Category II 
fishery.
    Response: NMFS evaluated the 2018 sperm whale mortality in the 
Category III AK BSAI sablefish pot fishery and retains the Category III 
classification for this fishery. The Nmin is for only a small portion 
of the stock's range and does not account for females and juveniles in 
tropical and subtropical waters, so the calculated PBR is not a 
reliable index for the entire stock.
    Furthermore, incidental take of sperm whales in fisheries is 
generally associated with sperm whales depredating from fishing gear. 
Depredation occurs less often with pot gear, which has been a major 
factor in sablefish fishers switching from longline to pot fishing. 
NMFS will continue to closely monitor the M/SI of this stock in the 
Category III AK BSAI sablefish pot fishery and other fisheries.
    Comment 4: The Commission recommends that NMFS retain several 
species/stocks on the LOF that were proposed to be removed from the 
list of species/stocks incidentally killed or injured in fisheries in 
Tables 1, 2 and 3. They state that list of species/stocks is intended 
to identify all species and stocks that are known to have been 
incidentally killed or injured in a fishery, and data from more than 
the most recent 5-year time period should be used. The Commission 
continues to note that the list should not just be limited to species 
or stocks with observed M/SI, since observers are unable to detect all 
marine mammal mortalities and injuries. The Commissions recommends NMFS 
retain on the following species and stocks LOF:
     Five stocks 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.
     Six stocks 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.
     Six stocks 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.
     Alaska resident stock of killer whale in the Category III 
AK Bering Sea, Aleutian Islands Greenland turbot longline fishery.
     Alaska stock of spotted seal in the Category III AK Bering 
Sea, Aleutian Islands Pacific cod longline fishery.
     Alaska stock of bearded seal in the Category III AK Bering 
Sea, Aleutian Islands Atka mackerel trawl fishery.
     Both the Gulf of Alaska, Aleutian Islands, Bering Sea 
transient stock and Eastern North Pacific Alaska resident stock of 
killer in the Category III AK Bering Sea, Aleutian Islands rockfish 
trawl fishery.
     North Pacific stock of Northern elephant in the Category 
III AK Gulf of Alaska flatfish trawl fishery.
     Alaska stock of harbor seal in the Category III AK Gulf of 
Alaska Pacific cod trawl fishery.
     Three stocks 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.
     Gulf of Alaska stock of harbor seal in the Category III AK 
Gulf of Alaska Pacific cod pot fishery.
     Northeast Pacific stock of fin whale in the Category III 
AK Gulf of Alaska groundfish jig fishery.
     Central North Pacific stock of humpback whale and Hawaii 
stock of pygmy killer whale in the Category I Western Pacific Pelagic 
longline fishery (HI deep-set component).
     Three stocks in the Category II Western Pacific Pelagic 
longline fishery (HI shallow-set component): (1) Hawaii stock of 
Blainville's beaked whale, (2) unknown stock of Mesoplodon species,

[[Page 23127]]

and (3) Hawaii stock of rough-toothed dolphin.
    Response: 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 mortalities or injuries 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 mortalities or injuries 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 reviews the other 
sources of information to determine when it is appropriate to remove a 
species or stock.
    NMFS disagrees with the Commission's recommendation to retain 
species/stocks in the Alaska fisheries noted above. All the named 
Alaska fisheries except for the AK Gulf of Alaska groundfish jig 
fishery are observed. As proposed in the 2022 LOF (86 FR 43491; August 
9, 2021), NMFS removes the species/stocks from the list of species/
stocks incidentally killed or injured in each Alaska fishery noted in 
the above comment by the Commission.
    The Hawaii shallow-set and deep-set longline fisheries are observed 
with 100 percent and 20 percent observer coverage, respectively. 
Therefore, unless evidence suggested additional M/SI, NMFS removes 
species with no documented mortality or injuries in the 5-year 
timeframe considered for the 2022 LOF.
    NMFS disagrees with the Commission and removes the following 
species/stocks from the list of species/stocks incidentally killed or 
injured in fisheries noted below.
    NMFS removes the Hawaii stock of pygmy killer whale from the list 
of species/stocks incidentally killed or injured in the Category I HI 
deep-set longline fishery and Category I Western Pacific Pelagic (HI 
deep-set component) fishery, as no reported or observed mortalities or 
injuries have occurred since 2013.
    NMFS removes the Hawaii stocks of Blainville's beaked whale and 
rough-toothed dolphin from the list of species/stocks incidentally 
killed or injured in the Category II HI shallow-set longline fishery 
and Category II Western Pacific Pelagic (HI shallow-set component) 
fishery. The shallow-set longline fishery is observed at 100 percent, 
and there have been no observed M/SI either species since 2011 
(Blainville's beaked whale) and 2013 (rough-toothed dolphin).
    NMFS also removes the unknown stock of Mesoplodon species from the 
list of species/stocks incidentally killed or injured in the Category 
II Western Pacific Pelagic (HI shallow-set component) fishery. There 
have been no observed M/SI of this stock since 2013.
    NMFS agrees with the Commission's recommendations and retains the 
following the species/stocks on the list of species/stocks incidentally 
killed or injured in fisheries noted below.
    NMFS retains the following four stocks on 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 Risso's dolphin and (4) Hawaii 
stock of striped dolphin. These stocks are included on the list of 
species and/or stocks killed or injured in the high seas component 
(Category I Western Pacific Pelagic (HI deep-set component) fishery) 
and are retained on Category I HI deep-set longline fishery.
    NMFS also retains the Central North Pacific stock of humpback whale 
on the list of species/stocks incidentally killed or injured in the 
Category I Western Pacific Pelagic (HI deep-set component) fishery. 
This stock is included on the list of species and/or stocks killed or 
injured Category I HI deep-set longline fishery and therefore retained 
in the high seas component (Category I Western Pacific Pelagic (HI 
deep-set component) fishery).
    NMFS retains four stocks on the list of species/stocks incidentally 
killed or injured in the Category II HI shallow-set longline fishery: 
(1) Hawaii pelagic stock of bottlenose dolphin, (2) Central North 
Pacific stock of humpback whale, (3) Hawaii stock of Risso's dolphin 
and (4) Hawaii stock of striped dolphin. These stocks are included on 
the list of species and/or stocks killed or injured in the high seas 
component (Category II Western Pacific Pelagic (HI shallow-set 
component)) fishery and therefore retained on Category II HI shallow-
set longline fishery.
    Comment 5: The New England Aquarium states that the LOF does not 
include any marine mammal species/stocks in the list of species/stocks 
incidentally killed or injured in the Category III Hawaii offshore pen 
culture fishery. They note the 2020 Hawaiian monk seal SAR reports a 
mortality in an offshore net pen in 2017. The New England Aquarium 
recommends NMFS add Hawaiian monk seal to the list of species/stocks 
incidentally killed or injured in the Category III Hawaii offshore pen 
culture fishery based on this mortality.
    Response: NMFS agrees with the New England Aquarium's comment. The 
2020 SAR includes a Hawaiian monk seal mortality in an offshore net pen 
in 2017 (Carretta et al., 2021). NMFS adds Hawaiian monk seal to the 
list of species/stocks incidentally killed or injured in the Category 
III HI offshore pen culture fishery.
    Comment 6: CBD recommends that Hawaiian monk seals be added to the 
list of species/stocks incidentally killed or injured in the following 
Category III Hawaii nearshore gillnet and hook and line fisheries: (1) 
HI inshore gillnet, (2) HI lift net, (3) HI inshore purse seine, (4) HI 
throw net/cast net, (5) HI troll, (6) HI rod and reel, (7) HI kaka 
line, (8) HI vertical line, (9) HI aku boat, pole and line, (10) HI 
inshore handline and (11) HI pelagic handline. They note that the 2020 
SAR includes an annual estimated average M/SI of 7.2 in Hawaii 
nearshore fisheries and PBR is 4.8 seals. However, the LOF does not 
include documented Hawaiian monk seal M/SI in the Hawaii nearshore 
fisheries.
    Response: In the 2020 SAR, although monk seals M/SI are identified 
from nearshore fishing gear, including hook and line and net fishing 
gear, this gear has not been identified as commercial fisheries gear. 
It is unknown as to whether the gear is commercial, recreational, or 
illegally set gear. In some cases of M/SI from entanglement in fishing 
nets, the nets were identified or suspected to be illegally set nets, 
and none have been specifically identified as commercial fishing nets. 
Because cases of monk seal M/SI from hookings and entanglements in 
nearshore fishing gear cannot be attributed to specific commercial 
nearshore fisheries, Hawaiian monk seals are not included as species 
incidentally killed or injured in these nearshore fisheries. Hawaiian 
monk seals have been added to the list of species/stocks incidentally 
killed or injured in the Category III HI offshore pen culture fishery.
    Comment 7: The Commission restates a previous comment, recommending 
NMFS reclassify the Category III Hawaii troll fishery as a Category II 
fishery based on documented spotted dolphin hooking and entanglement 
serious injuries. They note they disagree with NMFS' conclusion to not 
reclassify the Category III Hawaii troll fishery on the 2021 LOF (86 FR 
3028; January 14, 2021). The Commission considers the information 
presented in Baird and Webster (2020), coupled with anecdotal reports 
of dolphins being entangled or hooked in gear used in this fishery, to 
be sufficient to reclassify the fishery.

[[Page 23128]]

The Commission recommends NMFS reclassify the Category III Hawaii troll 
fishery as a Category II fishery, based on observations that troll 
fishermen are intentionally setting hook and line gear in and around 
groups of spotted dolphins as a means for targeting tuna, resulting in, 
M/SI occurring at an occasional level. They continue to recommend that 
if NMFS determines reclassification is not warranted, that NMFS 
quantify the marine mammal M/SI in the Hawaii troll fishery through a 
dedicated observer program or alternative monitoring such as electronic 
monitoring or remote observers.
    Response: This comment has been addressed previously (see 86 FR 
3028; January 14, 2021). A fishery is classified as Category II when 
the annual M/SI of a stock in the fishery is greater than 1 percent and 
less than 50 percent of PBR. For the Hawaii stock complex of 
pantropical spotted dolphins, as the Commission notes, Baird and 
Webster 2020 documents troll fishing occurring in and around groups of 
spotted dolphins, particularly around Hawaii Island. However, there are 
no reliable estimates of how frequently this type of troll fishing 
results in M/SI of spotted dolphins. Baird and Webster 2020 itself 
notes major data gaps, including abundance estimates of the stocks, and 
frequency of hookings and entanglements, which need to be addressed to 
understand whether hooking and/or entanglements occur to the level that 
warrant reclassification of the fishery.
    The most recent SAR (2020) for the Hawaii stock complex of 
pantropical spotted dolphins notes two cases of observed entanglements 
of spotted dolphins in fishing line, but the responsible fishery is not 
known in either case (Carretta et al., 2021). No M/SI estimates are 
available for pantropical spotted dolphins.
    In addition to the SAR, NMFS also considered other sources of data 
in evaluating the Hawaii troll fishery on the annual LOF. Regardless of 
classification of a particular fishery, all commercial fishers are 
required to submit reports of any marine mammal mortality or injury 
incidental to fishing operations through the marine mammal 
authorization program mortality/injury reporting form. NMFS has 
received no reports through this program of pantropical spotted 
dolphins injured or killed in the Hawaii troll fishery. However, 
recognizing that self-reporting may be limited, NMFS also considered 
other sources of information. Baird 2016 discusses propeller injuries 
of spotted dolphins, but the level and type of vessel causing such 
injuries are not known. Baird 2016 also presents photos of at least one 
spotted dolphin hooked with trailing fishing line, but the fishery and 
frequency of such hookings and/or entanglements are unknown.
    The Hawaii troll fishery is a state-managed fishery, and NMFS has 
encouraged the State of Hawaii to implement additional commercial 
fishing reporting and monitoring mechanisms for state-managed 
fisheries. In addition, NMFS will consider the Commission's 
recommendation to pursue quantitative means to evaluate mortality and 
serious injury of pantropical spotted dolphins.
    The information does not provide sufficient evidence to conclude 
that spotted dolphins are being seriously injured or killed on an 
``occasional basis'' as necessary for a Category II fishery 
classification. Therefore, NMFS retains the Category III classification 
of the Hawaii troll fishery.
    Comment 8: CBD recommends that the newly proposed Category III WA/
OR/CA other groundfish pot fishery be classified as a Category II 
fishery. CBD states that the fishing gear used by the newly proposed 
fishery is known to entangle humpback whales in Alaska, Washington, 
Oregon and California. CBD notes the proposed 2022 LOF states there has 
been no marine mammal M/SI incidental to the newly proposed fishery. 
However, there have been humpback whales entangled in the West Coast 
groundfish fishery from 2002 to 2019. CBD recommends NMFS classify the 
newly proposed WA/OR/CA other groundfish pot fishery as a Category II 
fishery based on the same frequency of M/SI as the Category II WA/OR/CA 
sablefish pot fishery.
    Response: NMFS thanks CBD for the comment and does not finalize 
adding the proposed Category III WA/OR/CA other groundfish pot fishery 
on the 2022 LOF. In the 2022 LOF (86 FR 43491; August 9, 2021), NMFS 
proposed adding the WA/OR/CA other groundfish pot fishery as a new 
Category III fishery. As proposed, the new Category III fishery would 
include pot fishing effort from the previously named Category III CA 
nearshore finfish live trap/hook-and-line fishery (state fisheries) and 
other groundfish pot fishing effort (federal fisheries separate from 
the sablefish pot fishery). NMFS retains the previously named Category 
III CA nearshore finfish trap fishery.
    For the 2022 LOF, NMFS reviewed fishery data for all West Coast 
fisheries including data from PacFIN. The data used in the analysis for 
proposing the new WA/OR/CA other groundfish pot fishery included the 
total landings of groundfish species in pot gear along the West Coast. 
These data indicated that there were landings of groundfish species 
other than sablefish with pot gear that were not associated with 
landings of sablefish. However, the data did not identify the fishing 
effort that led to these landings (e.g., whether the effort was 
occurring within State nearshore fisheries, within federal fisheries, 
or what species were targeted versus which species are incidentally 
caught). Because the Pacific Coast Groundfish Fishery Management Plan 
and associated regulations allow the targeting and landing of species 
other than sablefish, in drafting the proposed 2022 LOF, NMFS 
conservatively assumed at least some of the non-sablefish landings 
could be effort occurring outside the state nearshore fisheries and 
could be effort directly targeted groundfish species other than 
sablefish.
    Following publication of the proposed 2022 LOF, NMFS further 
analyzed the data that were used to support the proposed WA/OR/CA other 
groundfish pot fishery. After discussions with federal fishery managers 
and scientists, NMFS identified that the analysis in the proposed 2022 
LOF incorrectly stated that there are federal pot gear fisheries 
targeting groundfish species other than sablefish. All pot gear fishing 
effort in the West Coast federal groundfish fisheries is targeting 
sablefish, and any landings of other groundfish species occurs 
incidental to the fishing effort targeted at sablefish. There is no 
fishing effort in the state nearshore fisheries directly targeting 
sablefish with pot gear.
    Therefore, there is no separate federal groundfish pot gear fishery 
targeting species other than sablefish and the proposed WA/OR/CA other 
groundfish pot fishery is duplicative of the fishing effort already 
captured in the Category II WA/OR/CA sablefish pot fishery. Based on 
this information, NMFS does not finalize adding the proposed Category 
III WA/OR/CA other groundfish pot fishery on the 2022 LOF. NMFS will 
continue to evaluate the existing data and consider all relevant 
information for the West Coast groundfish pot gear fisheries in future 
LOFs.
    Comment 9: CBD recommends that the newly proposed Category III CA 
other crab/shellfish pot fishery be classified as a Category II fishery 
because of its similarity to the Dungeness crab and spiny lobster pot 
fisheries. They note that even with partial observer coverage for the 
fishery, most marine mammal entanglements on the West Coast cannot be 
identified to

[[Page 23129]]

a specific fishery. The absence of a confirmed entanglement in this pot 
gear is not sufficient to classify the CA other crab/shellfish pot 
fishery as a Category III fishery.
    Response: In the 2022 LOF (86 FR 43491; August 9, 2021), NMFS 
proposed adding the CA other crab/shellfish pot fishery as a new 
Category III fishery. Following publication of the proposed 2022 LOF, 
NMFS re-examined the available data surrounding pot fishing effort for 
crabs and other shellfish in California. NMFS identified that the only 
pot fishery targeting crab/shellfish that was not included on the 2021 
LOF was the Tanner crab fishery. As a result, NMFS modifies the name of 
the new Category III fishery from the CA other crab/shellfish fishery 
to the CA Tanner crab fishery in the final 2022 LOF.
    NMFS recognizes that any line in the water presents a risk of 
marine mammal entanglement. When classifying fisheries, in addition to 
the general consideration of the risk of entanglements that could be 
associated with almost any fishery that uses line, NMFS also relies 
upon information gathered and confirmed through rigorous evaluation of 
entanglement reports to identify the origins of entanglements as the 
basis of classification of fixed gear fisheries on the LOF.
    To date, the CA Tanner crab fishery has not been associated with or 
implicated as being involved in the M/SI of any marine mammal species. 
Although the permit and associated regulations outlined in the fishery 
description (86 FR 43491; August 9, 2021) have been in place since 
2006, the CA Tanner crab fishery is small, with very few participants 
over its history. As described in the fishery description, the gear is 
different and fished differently than other Category II CA/West Coast 
pot fisheries. Unlike many other Category II state-managed fixed gear 
fisheries, CA state fishery observers monitor this fishery. The gear is 
also marked in ways that can help facilitate identification, if 
involved in future entanglements. As a result, the available 
information is sufficient to support classification of the CA Tanner 
crab pot fishery as Category III fishery.

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

    Comment 9: The Massachusetts Lobstermen's Association and Maine 
Lobstermen's Association support removing the 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 and adding the new Category II MA mixed 
species trap/pot fishery.
    Response: NMFS thanks the Massachusetts Lobstermen's Association 
and Maine Lobstermen's Association for their comments and has added the 
new Category II MA mixed species trap/pot fishery.
    Comment 10: Both the Commission and CLF et al. oppose both 
separating out the Massachusetts state waters trap/pot fishery from the 
broader Category I Northeast/Mid-Atlantic American lobster trap/pot and 
the Category II Atlantic mixed species trap/pot fisheries and adding 
the new Category II MA mixed species trap/pot fishery on the LOF. They 
note that trap/pot fisheries in New England, including Massachusetts, 
have documented M/SI of North Atlantic right whales, humpback whales 
and minke whales. Both commenters cite that there is a lack of 
available data to adequately determine if the state of Massachusetts 
new fishery regulations will sufficiently reduce entanglement risk to 
North Atlantic right whales. The Commission and CLF et al. recommend 
NMFS retain the Massachusetts mixed species trap/pot fishery as part of 
the broader Category I Northeast/Mid-Atlantic American lobster trap/pot 
and the Category II Atlantic mixed species trap/pot fisheries until the 
new management measures are determined to be effective in reducing M/
SI.
    Response: As stated in the proposed rule (86 FR 43491; August 9, 
2021), the state of Massachusetts has made significant changes to their 
trap/pot regulations including gear modifications and changes to 
seasonal closures that differentiate the Massachusetts state waters 
trap/pot fishery from the Category I Northeast/Mid-Atlantic American 
lobster trap/pot and Category II Atlantic mixed species trap/pot 
fisheries. The new fishery determination is based on considering 
several characteristics of the Massachusetts mixed species trap/pot 
fishery as modified by these new state regulations, which will be 
implemented for the 2022 fishing season including: (1) All commercial 
trap fishermen in Massachusetts state waters will be required to fish 
buoy lines that break when exposed to 1,700 pounds (771kg) of tension 
through the use of weak rope or weak insertions at 60 ft (18 m) 
intervals along the top 75 percent of the buoy line; (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 and one that is visibly distinguishable from adjacent gear.
    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. As noted in 
the proposed rule (86 FR 43491; August 9, 2021), these combined 
management measures are supported by extensive monitoring of North 
Atlantic right whale populations through state and Federal aerial 
survey efforts over Massachusetts' waters and enhanced by additional 
sighting and entanglement reporting.
    To separate a Category I fishery into a new fishery due to new 
regulatory measures, NMFS requires 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 classifies the new Category II 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 no information on incidental mortality and 
serious injury of marine mammals in this fishery as currently 
prosecuted. Based on this absence of incidental mortality and serious 
injury information, no marine mammal species/stocks are 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. Using 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.
    Comment 11: Both ME DMR and MLA comment that, based on the criteria 
used for classifying the new Category II MA mixed species trap/pot 
fishery, the Maine state waters lobster trap/pot fishery also meets the 
definition of a new Category II fishery under the Atlantic Large Whale 
Take Reduction Plan (ALWTRP) regulations. They state

[[Page 23130]]

that the Maine state waters trap/pot fishery should be separated out 
from the broader Category I Northeast/Mid-Atlantic American lobster 
trap/pot and classified as a separate and independent Category II 
fishery. Both ME DMR and MLA cite the lack of attributed right whale 
entanglements in the Maine lobster fishery in over fifteen years, the 
implementation of additional risk reduction measures via the recent 
final rule amending the ALWTRP, and the ability to differentiate gear 
in Maine state waters area from the broader Category Northeast/Mid-
Atlantic American lobster trap/pot fishery.
    Response: NMFS acknowledges that all lobster and Jonah crab trap/
pot fisheries are being required to implement regulatory measures to 
reduce risk of entanglement to North Atlantic right whales under the 
new ALWTRP regulations finalized in 2021 (86 FR 51970; September 17, 
2021). However, the requirements implemented in Maine state waters are 
not significantly different from other areas where the fishery exists. 
Maine weak insertion requirements vary by Maine lobster management area 
and are not unique to Maine state waters. For comparison, all trap/pot 
fisheries in Massachusetts state waters are required to either use weak 
rope in the top 75 percent of the buoy line or include weak inserts 
every 60 feet within their buoy lines. Maine's gear modifications meet 
the standards under the ALWTRP throughout federal Lobster Management 
Area 1. Additionally, the gear marking for Maine state waters is not 
exclusive to those areas given that dual federal and state lobster 
permit holders are allowed to use federal marking when fishing in Maine 
state waters; whereas, the gear modifications combined with markings 
will allow for Massachusetts trap/pot gear to be identified 
specifically for state waters.
    As previously stated in the final LOF for 2020 (85 FR 21079; April 
16, 2020) and 2021 (86 FR 3028; January 14, 2021), most mortalities 
incidental to trap/pot fisheries are never observed, and Maine state 
waters cannot be ruled out for several cases of the subset of 
entanglements where gear has been recovered. Recovered gear has been 
found with red tracers, indicative of the gear marking scheme that was 
required for the ALWTRP Northern Inshore Trap/Pot fishery management 
area, a management area that overlaps Maine, New Hampshire, and 
Massachusetts state waters. For example, a case from 2011, previously 
noted in our 2020 and 2021 LOF comment responses, also included 
recovered gear with these red tracers, though the location of that 
entanglement remains unknown (E11-11/RW 4040). Therefore, lobster trap/
pot fisheries in Maine state waters cannot be ruled out as the 
potential origin for entanglements with undetermined origins. As stated 
in the preamble of the 2022 proposed LOF (86 FR 43491; August 9, 2021), 
``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.'' In the 
case of state-only Maine permitted lobster fisheries, given there is no 
observer coverage to reference, NMFS retains species and stocks on the 
list of species/stocks incidentally killed or injured in the fishery 
outside of the 5-year summary time frame.
    In the 2020 final LOF (85 FR 21079; April 16, 2020), NMFS noted 
that whale sighting information from this area is limited in part due 
to the lack of directed survey effort and that additional resources 
were being allocated towards broader surveys to provide further insight 
into the habitat use and distribution of these whales. While 
information is limited at this time, sightings and new acoustic data 
indicate that right whales are using these areas and that the risk of 
entanglement exists.
    Comment 12: A member of the public commented that NMFS based its 
decision to add the new Category II MA mixed species trap/pot fishery 
on inaccurate information provided by the Massachusetts Division of 
Marine Fisheries in comments on the 2021 LOF (86 FR 3028; January 14, 
2021). The commenter states the proposed new Category II fishery was 
based on the state of Massachusetts proposed regulations for trap/pot 
fisheries, several of which were not finalized, such as changes in the 
geographic scope of the closed area, banning the use of singles traps 
on commercial vessels greater 29 feet in length and shortening the haul 
out periods for recreational fishers.
    Response: As described in the 2022 proposed rule (86 FR 43491; 
August 9, 2021), 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 Category I Northeast/Mid-Atlantic American lobster trap/pot 
and Category II Atlantic mixed species trap/pot fisheries. The 
Massachusetts Division of Marine Fisheries has begun implementing these 
regulations, as described above in response to Comment #10, and all 
measures will be in place for the 2022 fishing season. Based on these 
new regulations, the Massachusetts Division of Marine Fisheries 
commented on the 2021 LOF 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. In the 2021 LOF final rule (86 FR 
3028; January 14, 2021), NMFS agreed to reevaluate the fishery in the 
2022 LOF. NMFS determined that these gear modifications and time/area 
restrictions sufficiently differentiate the risk posed by the 
Massachusetts mixed species trap/pot fishery from the surrounding trap/
pot fisheries, warranting a separate fishery on the LOF.
    Comment 13: A member of the public commented that NMFS' proposed 
new Category II MA mixed species trap/pot fishery conflicts with the 
statutory definition of a fishery under the MMPA. The commenter states 
that the MMPA incorporates the definition of fishery as it is defined 
in the Magnuson Stevens Fishery Conservation and Management Act (MSA), 
noting the management of endangered species under the MMPA should occur 
by fishery as defined under MSA (e.g. fisheries managed by the various 
species they target) not by how a fishery may protect marine mammals. 
Therefore, the MMPA prohibits separating out a part of the MSA managed 
lobster fishery on the LOF.
    Response: NMFS disagrees. As stated in the 1995 proposed LOF (60 FR 
31668, 16 June 1995): NMFS defined fisheries by gear type, geographical 
area, and target species, in accordance with existing state or Federal 
management designations. However, for some fisheries this information 
is only partially available or unavailable. In the proposed LOF, NMFS 
suggested that fisheries could be partitioned as necessary to reflect 
concentrations of marine mammals in certain areas within a fishery, or 
at certain times of the year in order to address management actions. 
Gear type (e.g., mesh size) could also be used to define a fishery to 
allow flexibility. The proposed LOF would define fisheries based on 
state or

[[Page 23131]]

Federal management designations where these designations exist and 
where practicable. As stated in the 1994 LOF (59 FR 45263; September 1, 
1994), NMFS bases fishery definitions on the location of the fishery, 
the gear type used, and sometimes the target fish species. A fishery 
may be grouped with other fisheries if the general location and gear 
type are similar and if the rates of incidental marine mammal M/SI are 
known or similar. For instance, the U.S. mid-Atlantic coastal gillnet 
fishery in the 1994 LOF is composed of many small fisheries that target 
different fish species seasonally but use the same general type or 
gear, fish in the same general location, and have similar incidental M/
SI. When additional information on either incidental M/SI or on the 
fishery are available, fisheries may be grouped together or split apart 
in order to better manage the incidental M/SI in those fisheries. New 
fisheries were defined based on general location, gear type, and, when 
applicable, target species.
    Comment 14: A member of the public states that separating the 
Massachusetts trap/pot fisheries from the Category I Northeast/Mid-
Atlantic American lobster trap/pot and Category II Atlantic mixed 
species trap/pot fisheries is inconsistent with NMFS June 2020 
negligible impact policy statement. The commenter notes NMFS 2020 
policy states that fisheries should not be redefined or split on the 
LOF solely for purposes of making a negligible impact determination 
under the MMPA.
    Response: On June 17, 2020, NMFS finalized Procedure 02-204-02 
(Criteria for Determining Negligible Impact under MMPA section 
101(a)(5)(E)) (NMFS 2020). Determining negligible impact under the MMPA 
is separate from the annual LOF process. As noted in our proposed 2022 
LOF rule (86 FR 43491; August 9, 2021) and responses to comments above, 
NMFS has determined that, in order for a trap/pot fishery to be 
separated from the Category I fishery and designated as a new fishery, 
at a minimum the new fishery significantly reduces the risk of 
entanglement of the stock driving the Category I classification and the 
new fishery requires gear marks to distinguish the fishery from its 
former fishery on the LOF. Massachusetts fulfills these threshold 
requirements.
    Comment 15: A member of the public states that there is no 
scientific evidence to show that the regulatory changes to the 
Massachusetts trap/pot fishery will reduce the risk to North Atlantic 
right whales. The commenter asserts there was no scientific basis for 
the conclusion in the proposed rule because (1) public hearings were 
not conducted for the proposed rule, and (2) there is no evidence to 
show the Massachusetts regulations will reduce North Atlantic right 
whale M/SI.
    Response: As stated in the proposed rule (86 FR 43491; August 9, 
2021) and reiterated in the responses to comments above about 
separating this fishery, NMFS considers the suite of changes to the 
fishery gear and operation to be significant enough to distinguish it 
from other trap/pot fisheries (in particular, see response to Comment 
#11). NMFS will continue to evaluate information received from the 
extensive monitoring programs in Massachusetts state waters, as well as 
throughout the range of North Atlantic right whales, to annually 
evaluate the classification of this newly identified fishery for the 
LOF.

Summary of Changes From the Proposed Rule

    In this final rule, NMFS adds the CA Tanner crab pot fishery as a 
Category III fishery. This fishery was proposed in the 2022 LOF (86 FR 
43491; August 9, 2021) as the Category III CA other crab/shellfish pot 
fishery. Based on public comment, NMFS modified the name of this new 
fishery to the CA Tanner crab pot fishery, as it is the only crab/
shellfish pot fishery that is not currently named on the LOF. There is 
currently one participant in this fishery.
    In this final rule, NMFS does not add the WA/OR/CA other groundfish 
pot fishery as a new Category III fishery as proposed. Upon further 
review, NMFS concludes that there is no separate federal groundfish pot 
gear fishery targeting species other than sablefish, and the proposed 
WA/OR/CA other groundfish pot fishery would have been duplicative of 
the current Category II WA/OR/CA sablefish pot fishery. Based on not 
adding the proposed WA/OR/CA other groundfish pot fishery, NMFS retains 
the previously named Category III CA nearshore finfish trap fishery. 
This fishery was proposed to be combined with the new WA/OR/CA other 
groundfish pot fishery.
    Based on public comment, NMFS retains the following four stocks on 
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 
Risso's dolphin and (4) Hawaii stock of striped dolphin.
    Based on public comment, NMFS retains the Central North Pacific 
stock of humpback whale on the list of species/stocks incidentally 
killed or injured in the Category I Western Pacific Pelagic (HI deep-
set component) fishery.
    Based on public comment, NMFS retains four stocks on the list of 
species/stocks incidentally killed or injured in the Category II HI 
shallow-set longline fishery: (1) Hawaii pelagic stock of bottlenose 
dolphin, (2) Central North Pacific stock of humpback whale, (3) Hawaii 
stock of Risso's dolphin and (4) Hawaii stock of striped dolphin.
    Based on public comment, NMFS adds Hawaiian monk seal to the list 
of species/stocks incidentally killed or injured in the Category III HI 
offshore pen culture fishery.
    In this final rule, NMFS corrects an error on the list of stocks 
incidentally killed or injured in the Category III AK Prince William 
Sound salmon set gillnet fishery. On the 2019 LOF (84 FR 22051; May 16, 
2019), NMFS incorrectly added the Central North Pacific stock of 
humpback whale to the list of stocks incidentally killed or injured in 
the Category III AK Prince William Sound salmon set gillnet fishery 
based on stranding reports of two injuries in 2015. The 2020 SAR 
correctly attributes the 2015 humpback whale stranding reports to the 
Category II AK Prince William Sound salmon drift gillnet fishery, not 
the Category III Prince William Sound salmon set gillnet fishery (Muto 
et al., 2021). NMFS removes the Central North Pacific stock of humpback 
whale from the list of stocks incidentally killed or injured in the 
Category III AK Prince William Sound salmon set gillnet fishery. NMFS 
adds the Central North Pacific stock of humpback to the list of stocks 
incidentally killed or injured in the Category II AK Prince William 
Sound salmon drift gillnet fishery. This correction does not change the 
classification of the Category II AK Prince William Sound salmon drift 
gillnet fishery or the Category III AK Prince William Sound salmon set 
gillnet fishery.
    NMFS updates the MMAP certificate process for calendar year 2022. 
MMAP certificates issued in 2020 remain in effect, valid through 
December 31, 2022, for vessel or gear owners participating in all 
Category I and II fisheries as of the final 2022 LOF.

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 
three fisheries

[[Page 23132]]

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. 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 reclassifies the Category II AK Bering Sea, Aleutian Island 
(BSAI) rockfish trawl fishery from a Category II to a Category III 
fishery.

Addition of Fisheries

    NMFS adds the CA Tanner crab pot fishery as a Category III fishery.
    NMFS adds the CA/OR/WA non-albacore Highly Migratory Species (HMS) 
hook and line fishery as a Category III fishery.

Fishery Name and Organizational Changes and Clarification

    NMFS removes 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.
    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.
    NMFS renames 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.
    NMFS renames the Category III WA salmon purse seine fishery to the 
WA salmon seine fishery.
    NMFS combines the Category III CA halibut hook and line/handline 
fishery and Category III CA white seabass hook and line/handline 
fishery, and names it the Category III CA halibut, white seabass, and 
yellowtail hook and line/handline fishery.
    NMFS renames the Category III WA/OR Pacific halibut longline 
fishery to the WA/OR/CA Pacific halibut longline fishery.
    NMFS renames the Category III WA/CA kelp fishery to the CA/WA kelp, 
seaweed, and algae fishery.
    NMFS combines 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 names it the 
Category III WA/OR/CA groundfish/finfish hook and line fishery.
    NMFS combines and renames 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.

Number of Vessels/Persons

    NMFS updates 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;
     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;

[[Page 23133]]

     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 adds the Eastern North Pacific stock of gray whale and the 
Central North Pacific stock of humpback to the list of species/stocks 
incidentally killed or injured in the Category II AK Prince William 
Sound salmon drift gillnet fishery.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds the U.S. stock of California sea lion to the list of 
species/stocks incidentally killed or injured in the Category III WA/
OR/CA groundfish/finfish hook and line fishery.
    NMFS adds 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.
    NMFS retains the following four stocks on 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 Risso's dolphin and (4) Hawaii 
stock of striped dolphin.
    NMFS retains four stocks on the list of species/stocks incidentally 
killed or injured in the Category II HI shallow-set longline fishery: 
(1) Hawaii pelagic stock of bottlenose dolphin, (2) Central North 
Pacific stock of humpback whale, (3) Hawaii stock of Risso's dolphin 
and (4) Hawaii stock of striped dolphin.
    NMFS adds the unknown stock of striped dolphin to the list of 
species/stocks incidentally killed or injured in the Category II 
American Samoa longline fishery.
    NMFS adds Hawaiian monk seal to the list of species/stocks 
incidentally killed or injured in the Category III HI offshore pen 
culture fishery.
    NMFS removes the Central North Pacific stock of humpback whale from 
the list of stocks incidentally killed or injured in the Category III 
AK Prince William Sound salmon set gillnet fishery.
    NMFS removes 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.
    NMFS removes 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 longline fishery.
    NMFS removes 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.
    NMFS removes 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.
    NMFS removes 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.
    NMFS removes 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.
    NMFS removes the Alaska stock of harbor seal from the list of 
species/stocks incidentally killed or injured in the Category III AK 
Gulf of Alaska Pacific cod trawl fishery.
    NMFS removes 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.

[[Page 23134]]

    NMFS removes 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.
    NMFS removes 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.
    NMFS removes the Hawaii stock of pygmy killer whale from the list 
of species/stocks incidentally killed or injured in the Category I HI 
deep-set longline fishery.
    NMFS removes the Hawaii stock of Blainville's beaked whale and 
Hawaii stock of rough-toothed dolphin from the list of species/stocks 
incidentally killed or injured in the Category II HI shallow-set 
longline fishery.
    NMFS revises 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 Ttrawl 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 adds 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 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. NMFS adds 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 adds 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.
    NMFS adds 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.

Commercial Fisheries on the High Seas

Fishery Name and Organizational Changes and Clarification

    NMFS renames the Category II South Pacific tuna purse seine fishery 
to the Western and Central Pacific Ocean tuna purse seine fishery.
    NMFS clarifies 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. 
Based on this clarification, NMFS also removes the Category II South 
Pacific tuna longline fishery from the LOF.

Number of Vessels/Persons

    NMFS updates the estimated number of HSFCA permits for high seas 
fisheries (Table 3) as follows:
Category I
     Atlantic highly migratory species longline fishery from 45 
to 39 HSFCA permits;
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 retains the Central North Pacific stock of humpback whale on 
the list of species/stocks incidentally killed or injured in the 
Category I Western Pacific Pelagic (HI deep-set component) fishery.
    NMFS adds 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: (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 adds 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).
    NMFS removes the 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).
    NMFS removes 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

[[Page 23135]]

stocks are: (1) Hawaii stock of Blainville's beaked whale, (2) unknown 
stock of Mesoplodon species, and (3) Hawaii stock of rough-toothed 
dolphin.

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 gather 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, 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 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
------------------------------------------------------------------------
                                    Estimated     Marine mammal species
                                    number of         and/or stocks
      Fishery description           vessels/      incidentally killed or
                                     persons             injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Longline/Set Line Fisheries:
    HI deep-set longline *                  143  Bottlenose dolphin, HI
     [supcaret].                                  Pelagic.
                                                 False killer whale, HI
                                                  Pelagic \1\.
                                                 False killer whale, MHI
                                                  Insular.
                                                 False killer whale,
                                                  NWHI.
                                                 Humpback whale. Central
                                                  North Pacific.
                                                 Kogia spp. (Pygmy or
                                                  dwarf sperm whale),
                                                  HI.

[[Page 23136]]

 
                                                 Risso's dolphin, HI.
                                                 Rough-toothed dolphin,
                                                  HI.
                                                 Short-finned pilot
                                                  whale, HI.
                                                 Striped dolphin, HI.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
Gillnet Fisheries:
    CA thresher shark/swordfish              21  Bottlenose dolphin, CA/
     drift gillnet (>=14 in                       OR/WA offshore.
     mesh) *.
                                                 California sea lion,
                                                  U.S.
                                                 Dall's porpoise, CA/OR/
                                                  WA.
                                                 Gray whale, Eastern
                                                  North Pacific.
                                                 Humpback whale, CA/OR/
                                                  WA.
                                                 Long-beaked common
                                                  dolphin, CA.
                                                 Minke whale, CA/OR/
                                                  WA\1\.
                                                 Northern elephant seal,
                                                  CA breeding.
                                                 Northern right-whale
                                                  dolphin, CA/OR/WA.
                                                 Pacific white-sided
                                                  dolphin, CA/OR/WA.
                                                 Risso's dolphin, CA/OR/
                                                  WA.
                                                 Short-beaked common
                                                  dolphin, CA/OR/WA.
                                                 Short-finned pilot
                                                  whale, CA/OR/WA\1\.
                                                 Sperm Whale, CA/OR/
                                                  WA\1\.
    CA halibut/white seabass                 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 drift           1,862  Beluga whale, Bristol
     gillnet \2\.                                 Bay.
                                                 Gray whale, Eastern
                                                  North Pacific.
                                                 Harbor seal, Bering
                                                  Sea.
                                                 Northern fur seal,
                                                  Eastern Pacific.
                                                 Pacific white-sided
                                                  dolphin, North
                                                  Pacific.
                                                 Spotted seal, AK.
                                                 Steller sea lion,
                                                  Western U.S.
    AK Bristol Bay salmon set               979  Beluga whale, Bristol
     gillnet \2\.                                 Bay.
                                                 Gray whale, Eastern
                                                  North Pacific.
                                                 Harbor seal, Bering
                                                  Sea.
                                                 Northern fur seal,
                                                  Eastern Pacific.
                                                 Spotted seal, AK.
    AK Kodiak salmon set                    188  Harbor porpoise, GOA
     gillnet.                                     \1\.
                                                 Harbor seal, GOA.
                                                 Humpback whale, Central
                                                  North Pacific.
                                                 Humpback whale, Western
                                                  North Pacific.
                                                 Sea otter, Southwest
                                                  AK.
                                                 Steller sea lion,
                                                  Western U.S.
    AK Cook Inlet salmon set                736  Beluga whale, Cook
     gillnet.                                     Inlet.
                                                 Dall's porpoise, AK.
                                                 Harbor porpoise, GOA.
                                                 Harbor seal, 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 drift              569  Beluga whale, Cook
     gillnet.                                     Inlet.
                                                 Dall's porpoise, AK.
                                                 Harbor porpoise, GOA
                                                  \1\.
                                                 Harbor seal, GOA.
                                                 Steller sea lion,
                                                  Western U.S.
    AK Peninsula/Aleutian                   162  Dall's porpoise, AK.
     Islands salmon drift
     gillnet \2\.
                                                 Harbor porpoise, GOA.
                                                 Harbor seal, GOA.
                                                 Northern fur seal,
                                                  Eastern Pacific.
    AK Peninsula/Aleutian                   113  Harbor porpoise, Bering
     Islands salmon set gillnet                   Sea.
     \2\.
                                                 Northern sea otter,
                                                  Southwest AK.

[[Page 23137]]

 
                                                 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.
                                                 Humpback whale, Central
                                                  North Pacific.
                                                 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/OR/
     salmon drift gillnet                         WA.
     (includes all inland                        Harbor porpoise, inland
     waters south of US-Canada                    WA \1\.
     border and eastward of the                  Harbor seal, WA inland.
     Bonilla-Tatoosh line-
     Treaty Indian fishing is
     excluded).
Trawl Fisheries:
    AK Bering Sea, Aleutian                  32  Bearded seal, Beringia.
     Islands flatfish trawl.
                                                 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:
    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\.

[[Page 23138]]

 
Longline/Set Line Fisheries:
    AK Gulf of Alaska sablefish             295  Northern elephant seal,
     longline.                                    California.
                                                 Sperm whale, North
                                                  Pacific.
                                                 Steller sea lion,
                                                  Eastern U.S.
    HI shallow-set longline *                11  Bottlenose dolphin, HI
     [supcaret].                                  Pelagic.
                                                 False killer whale, HI
                                                  Pelagic \1\.
                                                 Humpback whale, Central
                                                  North Pacific.
                                                 Risso's dolphin, HI.
                                                 Striped dolphin, HI.
    American Samoa longline \2\              13  False killer whale,
                                                  American Samoa.
                                                 Rough-toothed dolphin,
                                                  American Samoa.
                                                 Short-finned pilot
                                                  whale, unknown.
                                                 Striped dolphin,
                                                  unknown.
    HI shortline \2\...........               5  None documented.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
Gillnet Fisheries:
AK Kuskokwim, Yukon, Norton               1,778  Harbor porpoise, Bering
 Sound, Kotzebue salmon gillnet.                  Sea.
    AK Prince William Sound                  29  Harbor seal, GOA.
     salmon set gillnet.                         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 River              244  California sea lion,
     (includes tributaries)                       U.S.
     drift gillnet.                              Harbor seal, OR/WA
                                                  coast.
    WA Willapa Bay drift                     57  Harbor seal, OR/WA
     gillnet.                                     coast.
                                                 Northern elephant seal,
                                                  CA breeding.
Miscellaneous Net Fisheries:
    AK Cook Inlet salmon purse               83  Humpback whale, Central
     seine.                                       North Pacific.
    AK Kodiak salmon purse                  376  Dall's porpoise, AK.
     seine.
                                                 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, Central
     seine.                                       North Pacific.
    AK roe herring and food/                 10  None documented.
     bait herring beach seine.
    AK roe herring and food/                356  None documented.
     bait herring purse seine.
    AK salmon beach seine......              31  None documented.
    AK salmon purse seine                   936  Harbor seal, GOA.
     (Prince William Sound,                      Harbor seal, Prince
     Chignik, Alaska Peninsula).                  William Sound.
    WA/OR sardine purse seine..               6  None documented.
    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 River                1  None documented.
     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.

[[Page 23139]]

 
    HI offshore pen culture....               1  Hawaiian monk seal.
    WA salmon net pens.........              14  California sea lion,
                                                  U.S.
                                                 Harbor seal, WA inland
                                                  waters.
    WA/OR shellfish aquaculture              23  None documented.
Troll Fisheries:
    WA/OR/CA albacore surface               556  None documented.
     hook and line/troll.
    CA halibut, white seabass,              388  None documented.
     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, AI,
     Islands Greenland turbot                     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, Clarence
     longline.                                    Strait.
                                                 Harbor seal, Cook
                                                  Inlet.
                                                 Steller sea lion,
                                                  Eastern U.S.
    AK Gulf of Alaska Pacific                92  Harbor seal, Cook Inlet/
     cod longline.                                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, CA/
     bottomfish longline/set                      OR/WA offshore.
     line.
                                                 California sea lion,
                                                  U.S.
                                                 Northern elephant seal,
                                                  California breeding.
                                                 Sperm whale, CA/OR/WA.
                                                 Steller sea lion,
                                                  Eastern U.S.
    WA/OR/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:
    AK Bering Sea, Aleutian                  13  Harbor seal, Aleutian
     Islands Atka mackerel                        Islands.
     trawl.                                      Northern elephant seal,
                                                  California.
                                                 Steller sea lion,
                                                  Western U.S.
    AK Bering Sea, Aleutian                  72  Bearded seal, AK.
     Islands Pacific cod trawl.
                                                 Ribbon seal.
                                                 Steller sea lion,
                                                  Western U.S.
    AK Bering Sea, Aleutian                  17  Harbor seal, Aleutian
     Islands rockfish trawl.                      Islands.
                                                 Ribbon seal.
    AK Gulf of Alaska flatfish               36  Harbor seal, Cook Inlet/
     trawl.                                       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 rockfish               43  Steller sea lion,
     trawl.                                       Western U.S.
    AK Kodiak food/bait herring               4  None documented.
     otter trawl.
    AK shrimp otter trawl and                38  None documented.
     beam trawl.
    AK state-managed waters of                2  None documented.
     Prince William Sound
     groundfish trawl.
    CA halibut bottom trawl....              23  California sea lion,
                                                  U.S.
                                                 Harbor porpoise,
                                                  unknown.
                                                 Harbor seal, unknown.
                                                 Northern elephant seal,
                                                  CA breeding.
                                                 Steller sea lion,
                                                  unknown.

[[Page 23140]]

 
    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, Western
     Islands crab pot.                            Arctic.
                                                 Gray whale, Eastern
                                                  North Pacific.
    AK Gulf of Alaska crab pot.             271  None documented.
    AK Gulf of Alaska Pacific               116  None documented in most
     cod pot.                                     recent 5 years of
                                                  data.
    AK Gulf of Alaska sablefish             248  None documented.
     pot.
    AK Southeast Alaska crab                375  Humpback whale, Central
     pot.                                         North Pacific
                                                  (Southeast AK).
    AK Southeast Alaska shrimp               99  Humpback whale, Central
     pot.                                         North Pacific
                                                  (Southeast AK).
    AK shrimp pot, except                   141  None documented.
     Southeast.
    AK octopus/squid pot.......              15  None documented.
    CA rock crab pot...........             113  Gray whale, Eastern
                                                  North Pacific.
                                                 Harbor seal, CA.
    CA Tanner crab pot fishery.               1  None documented.
    WA/OR/CA hagfish pot.......              63  None documented.
    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 most
     groundfish jig.                              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 line   None recorded  None documented.
    HI bottomfish handline.....             385  None documented in
                                                  recent years.
    HI inshore handline........             206  None documented.
    HI pelagic handline........             300  None documented.
    WA/OR/CA groundfish/finfish             689  California sea lion,
     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.

[[Page 23141]]

 
    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  Humpback whale, Central
     passenger fishing vessel.              AK)   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:
    CA nearshore finfish trap..              93  None documented.
    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
------------------------------------------------------------------------
                                    Estimated     Marine mammal species
                                    number of         and/or stocks
      Fishery description           vessels/      incidentally killed or
                                     persons             injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Gillnet Fisheries:
    Mid-Atlantic gillnet.......           4,020  Bottlenose dolphin,
                                                  Northern Migratory
                                                  coastal.
                                                 Bottlenose dolphin,
                                                  Southern Migratory
                                                  coastal.\1\
                                                 Bottlenose dolphin,
                                                  Northern NC estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Southern NC estuarine
                                                  system.\1\
                                                 Bottlenose dolphin, WNA
                                                  offshore.
                                                 Common dolphin, WNA.
                                                 Gray seal, WNA.
                                                 Harbor porpoise, GME/
                                                  BF.
                                                 Harbor seal, WNA.
                                                 Hooded seal, WNA.
                                                 Humpback whale, Gulf of
                                                  Maine.
                                                 Minke whale, Canadian
                                                  east coast.
    Northeast sink gillnet.....           4,072  Bottlenose dolphin,
                                                  Northern Migratory
                                                  coastal.
                                                 Bottlenose dolphin, WNA
                                                  offshore.
                                                 Common dolphin, WNA.
                                                 Fin whale, WNA.
                                                 Gray seal, WNA.\1\
                                                 Harbor porpoise, GME/
                                                  BF.
                                                 Harbor seal, WNA.
                                                 Harp seal, WNA.
                                                 Humpback whale, Gulf of
                                                  Maine.
                                                 Minke whale, Canadian
                                                  east coast.
                                                 North Atlantic right
                                                  whale, WNA.
                                                 Risso's dolphin, WNA.
                                                 White-sided dolphin,
                                                  WNA.
Trap/Pot Fisheries:
    Northeast/Mid-Atlantic                8,485  Humpback whale, Gulf of
     American lobster trap/pot.                   Maine.
                                                 Minke whale, Canadian
                                                  east coast.
                                                 North Atlantic right
                                                  whale, WNA.\1\
Longline Fisheries:
    Atlantic Ocean, Caribbean,              201  Atlantic spotted
     Gulf of Mexico large                         dolphin, Northern GMX.
     pelagics longline *.                        Bottlenose dolphin,
                                                  Northern GMX oceanic.
                                                 Bottlenose dolphin, WNA
                                                  offshore.
                                                 Common dolphin, WNA.
                                                 Cuvier's beaked whale,
                                                  WNA.
                                                 False killer whale,
                                                  WNA.

[[Page 23142]]

 
                                                 Harbor porpoise, GME,
                                                  BF.
                                                 Kogia spp. (Pygmy or
                                                  dwarf sperm whale),
                                                  WNA.
                                                 Long-finned pilot
                                                  whale, WNA.
                                                 Mesoplodon beaked
                                                  whale, WNA.
                                                 Minke whale, Canadian
                                                  East coast.
                                                 Pantropical spotted
                                                  dolphin, Northern GMX.
                                                 Pygmy sperm whale, GMX.
                                                 Risso's dolphin,
                                                  Northern GMX.
                                                 Risso's dolphin, WNA.
                                                 Rough-toothed dolphin,
                                                  Northern GMX.
                                                 Short-finned pilot
                                                  whale, Northern GMX.
                                                 Short-finned pilot
                                                  whale, WNA.\1\
                                                 Sperm whale, Northern
                                                  GMX.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
Gillnet Fisheries:
    Chesapeake Bay inshore                  265  Bottlenose dolphin,
     gillnet \2\.                                 unknown (Northern
                                                  migratory coastal or
                                                  Southern migratory
                                                  coastal).
    Gulf of Mexico gillnet \2\.             248  Bottlenose dolphin,
                                                  Eastern GMX coastal.
                                                 Bottlenose dolphin, GMX
                                                  bay, sound, and
                                                  estuarine.
                                                 Bottlenose dolphin,
                                                  Mobile Bay, Bonsecour
                                                  Bay.
                                                 Bottlenose dolphin,
                                                  Northern GMX coastal.
                                                 Bottlenose dolphin,
                                                  Western GMX coastal.
    NC inshore gillnet.........           2,676  Bottlenose dolphin,
                                                  Northern NC estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Southern NC estuarine
                                                  system.\1\
    Northeast anchored float                852  Harbor seal, WNA.
     gillnet \2\.
                                                 Humpback whale, Gulf of
                                                  Maine.
                                                 White-sided dolphin,
                                                  WNA.
    Northeast drift gillnet \2\           1,036  None documented.
    Southeast Atlantic gillnet              273  Bottlenose dolphin,
     \2\.                                         Central FL coastal.
                                                 Bottlenose dolphin,
                                                  Northern FL coastal.
                                                 Bottlenose dolphin, SC/
                                                  GA coastal.
                                                 Bottlenose dolphin,
                                                  Southern migratory
                                                  coastal.
    Southeastern U.S. Atlantic               21  Bottlenose dolphin,
     shark gillnet.                               unknown (Central FL,
                                                  Northern FL, SC/GA
                                                  coastal, or Southern
                                                  migratory coastal).
                                                 North Atlantic right
                                                  whale, WNA.
Trawl Fisheries:
    Mid-Atlantic mid-water                  320  Bottlenose dolphin, WNA
     trawl (including pair                        offshore.
     trawl).                                     Harbor seal, WNA.
    Mid-Atlantic bottom trawl..             633  Bottlenose dolphin, WNA
                                                  offshore.\1\
                                                 Common dolphin, WNA.\1\
                                                 Gray seal, WNA.\1\
                                                 Harbor seal, WNA.
                                                 Risso's dolphin,
                                                  WNA.\1\
                                                 White-sided dolphin,
                                                  WNA.
    Northeast mid-water trawl               542  Common dolphin, WNA.
     (including pair trawl).
                                                 Gray seal, WNA.
                                                 Harbor seal, WNA.
                                                 Long-finned pilot
                                                  whale, WNA.\1\
    Northeast bottom trawl.....             968  Bottlenose dolphin, WNA
                                                  offshore.\1\
                                                 Common dolphin, WNA.
                                                 Gray seal, WNA.\1\
                                                 Harbor porpoise, GME/
                                                  BF.
                                                 Harbor seal, WNA.
                                                 Harp seal, WNA.
                                                 Long-finned pilot
                                                  whale, WNA.\1\
                                                 Risso's dolphin,
                                                  WNA.\1\
                                                 White-sided dolphin,
                                                  WNA.\1\
    Southeastern U.S. Atlantic,          10,824  Atlantic spotted
     Gulf of Mexico shrimp                        dolphin, Northern Gulf
     trawl.                                       of Mexico.
                                                 Bottlenose dolphin,
                                                  Charleston estuarine
                                                  system.
                                                 Bottlenose dolphin,
                                                  Eastern GMX
                                                  coastal.\1\
                                                 Bottlenose dolphin, GMX
                                                  bay, sound,
                                                  estuarine.\1\
                                                 Bottlenose dolphin, GMX
                                                  continental shelf.
                                                 Bottlenose dolphin,
                                                  Mississippi River
                                                  Delta.
                                                 Bottlenose dolphin,
                                                  Mobile Bay, Bonsecour
                                                  Bay.
                                                 Bottlenose dolphin,
                                                  Northern GMX
                                                  coastal.\1\
                                                 Bottlenose dolphin,
                                                  Pensacola Bay, East
                                                  Bay.

[[Page 23143]]

 
                                                 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. Atlantic,           1,101  Bottlenose dolphin,
     Gulf of Mexico stone crab                    Biscayne Bay
     trap/pot \2\.                                estuarine.
                                                 Bottlenose dolphin,
                                                  Central FL coastal.
                                                 Bottlenose dolphin,
                                                  Eastern GMX coastal.
                                                 Bottlenose dolphin, FL
                                                  Bay.
                                                 Bottlenose dolphin, GMX
                                                  bay, sound, estuarine
                                                  (FL west coast
                                                  portion).
                                                 Bottlenose dolphin,
                                                  Indian River Lagoon
                                                  estuarine system.
                                                 Bottlenose dolphin,
                                                  Jacksonville estuarine
                                                  system.
                                                 Bottlenose dolphin,
                                                  Northern GMX coastal.
                                                 Bottlenose dolphin,
                                                  Sarasota Bay, Little
                                                  Sarasota Bay.
    Atlantic mixed species trap/          3,493  Fin whale, WNA.
     pot \2\.
                                                 Humpback whale, Gulf of
                                                  Maine.
    Atlantic blue crab trap/pot           6,679  Bottlenose dolphin,
                                                  Central FL coastal.
                                                 Bottlenose dolphin,
                                                  Central GA estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Charleston estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Indian River Lagoon
                                                  estuarine system.
                                                 Bottlenose dolphin,
                                                  Jacksonville estuarine
                                                  system.
                                                 Bottlenose dolphin,
                                                  Northern FL
                                                  coastal.\1\
                                                 Bottlenose dolphin,
                                                  Northern GA/Southern
                                                  SC estuarine system.
                                                 Bottlenose dolphin,
                                                  Northern Migratory
                                                  coastal.
                                                 Bottlenose dolphin,
                                                  Northern NC estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Northern SC estuarine
                                                  system.
                                                 Bottlenose dolphin, SC/
                                                  GA coastal.
                                                 Bottlenose dolphin,
                                                  Southern GA estuarine
                                                  system.
                                                 Bottlenose dolphin,
                                                  Southern Migratory
                                                  coastal.\1\
                                                 Bottlenose dolphin,
                                                  Southern NC estuarine
                                                  system.
                                                 West Indian manatee,
                                                  FL.
Purse Seine Fisheries:
    Gulf of Mexico menhaden               40-42  Bottlenose dolphin, GMX
     purse seine.                                 bay, sound, estuarine.
                                                 Bottlenose dolphin,
                                                  Mississippi River
                                                  Delta.
                                                 Bottlenose dolphin,
                                                  Mississippi Sound,
                                                  Lake Borgne, Bay
                                                  Boudreau.
                                                 Bottlenose dolphin,
                                                  Northern GMX
                                                  coastal.\1\
                                                 Bottlenose dolphin,
                                                  Western GMX
                                                  coastal.\1\
    Mid-Atlantic menhaden purse              17  Bottlenose dolphin,
     seine \2\.                                   Northern Migratory
                                                  coastal.
                                                 Bottlenose dolphin,
                                                  Southern Migratory
                                                  coastal.
Haul/Beach Seine Fisheries:
    Mid-Atlantic haul/beach                 359  Bottlenose dolphin,
     seine.                                       Northern Migratory
                                                  coastal.\1\
                                                 Bottlenose dolphin,
                                                  Northern NC estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Southern Migratory
                                                  coastal.\1\
    NC long haul seine.........              22  Bottlenose dolphin,
                                                  Northern NC estuarine
                                                  system.\1\
                                                 Bottlenose dolphin,
                                                  Southern NC estuarine
                                                  system.
Stop Net Fisheries:
    NC roe mullet stop net.....               1  Bottlenose dolphin,
                                                  Northern NC estuarine
                                                  system.
                                                 Bottlenose dolphin,
                                                  unknown (Southern
                                                  migratory coastal or
                                                  Southern NC estuarine
                                                  system).
Pound Net Fisheries:
    VA pound net...............              20  Bottlenose dolphin,
                                                  Northern migratory
                                                  coastal.
                                                 Bottlenose dolphin,
                                                  Northern NC estuarine
                                                  system.
                                                 Bottlenose dolphin,
                                                  Southern Migratory
                                                  coastal.\1\
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
Gillnet Fisheries:
    Caribbean gillnet..........             127  None documented in the
                                                  most recent 5 years of
                                                  data.
    DE River inshore gillnet...         unknown  None documented in the
                                                  most recent 5 years of
                                                  data.
    Long Island Sound inshore           unknown  None documented in the
     gillnet.                                     most recent 5 years of
                                                  data.
    RI, southern MA (to Monomoy         unknown  None documented in the
     Island), and NY Bight                        most recent 5 years of
     (Raritan and Lower NY                        data.
     Bays) inshore gillnet.
    Southeast Atlantic inshore          unknown  Bottlenose dolphin,
     gillnet.                                     Northern SC estuarine
                                                  system.
Trawl Fisheries:

[[Page 23144]]

 
    Atlantic shellfish bottom               >58  None documented.
     trawl.
    Gulf of Mexico butterfish                 2  Bottlenose dolphin,
     trawl.                                       Northern GMX oceanic.
                                                 Bottlenose dolphin,
                                                  Northern GMX
                                                  continental shelf.
    Gulf of Mexico mixed                     20  None documented.
     species trawl.
    GA cannonball jellyfish                   1  Bottlenose dolphin, SC/
     trawl.                                       GA coastal.
Marine Aquaculture Fisheries:
    Finfish aquaculture........              48  Harbor seal, WNA.
    Shellfish aquaculture......         unknown  None documented.
Purse Seine Fisheries:
    Gulf of Maine Atlantic                   >7  Harbor seal, WNA.
     herring purse seine.
    Gulf of Maine menhaden                   >2  None documented.
     purse seine.
    FL West Coast sardine purse              10  Bottlenose dolphin,
     seine.                                       Eastern GMX coastal.
    U.S. Atlantic tuna purse                  5  None documented in most
     seine *.                                     recent 5 years of
                                                  data.
Longline/Hook and Line
 Fisheries:
    Northeast/Mid-Atlantic               >1,207  None documented.
     bottom longline/hook-and-
     line.
    Gulf of Maine, U.S. Mid-              2,846  Humpback whale, Gulf of
     Atlantic tuna, shark,                        Maine.
     swordfish hook-and-line/
     harpoon.
    Southeastern U.S. Atlantic,          >5,000  Bottlenose dolphin, GMX
     Gulf of Mexico, and                          continental shelf.
     Caribbean snapper-grouper
     and other reef fish bottom
     longline/hook-and-line.
    Southeastern U.S. Atlantic,              39  Bottlenose dolphin,
     Gulf of Mexico shark                         Eastern GMX coastal.
     bottom longline/hook-and-                   Bottlenose dolphin,
     line.                                        Northern GMX
                                                  continental shelf.
    Southeastern U.S. Atlantic,             680  None documented.
     Gulf of Mexico, and
     Caribbean pelagic hook-and-
     line/harpoon.
    U.S. Atlantic, Gulf of              unknown  None documented.
     Mexico trotline.
Trap/Pot Fisheries:
    Caribbean mixed species                 154  Bottlenose dolphin,
     trap/pot.                                    Puerto Rico and United
                                                  States Virgin Islands.
    Caribbean spiny lobster                  40  None documented.
     trap/pot.
    FL spiny lobster trap/pot..           1,268  Bottlenose dolphin,
                                                  Biscayne Bay
                                                  estuarine.
                                                 Bottlenose dolphin,
                                                  Central FL coastal.
                                                 Bottlenose dolphin,
                                                  Eastern GMX coastal.
                                                 Bottlenose dolphin, FL
                                                  Bay estuarine.
                                                 Bottlenose dolphin, FL
                                                  Keys.
    Gulf of Mexico blue crab              4,113  Bottlenose dolphin,
     trap/pot.                                    Barataria Bay.
                                                 Bottlenose dolphin,
                                                  Eastern GMX coastal.
                                                 Bottlenose dolphin, GMX
                                                  bay, sound, estuarine.
                                                 Bottlenose dolphin,
                                                  Mississippi Sound,
                                                  Lake Borgne, Bay
                                                  Boudreau.
                                                 Bottlenose dolphin,
                                                  Mobile Bay, Bonsecour
                                                  Bay.
                                                 Bottlenose dolphin,
                                                  Northern GMX coastal.
                                                 Bottlenose dolphin,
                                                  Western GMX coastal.
                                                 West Indian manatee,
                                                  FL.
    Gulf of Mexico mixed                unknown  None documented.
     species trap/pot.
    Southeastern U.S. Atlantic,              10  None documented.
     Gulf of Mexico golden crab
     trap/pot.
    U.S. Mid-Atlantic eel trap/         unknown  None documented.
     pot.
Stop Seine/Weir/Pound Net/
 Floating Trap/Fyke Net
 Fisheries:
    Gulf of Maine herring and                >1  Harbor porpoise, GME/
     Atlantic mackerel stop                       BF.
     seine/weir.                                 Harbor seal, WNA.
                                                 Minke whale, Canadian
                                                  east coast.
                                                 Atlantic white-sided
                                                  dolphin, WNA.
    U.S. Mid-Atlantic crab stop           2,600  None documented.
     seine/weir.
    U.S. Mid-Atlantic mixed             unknown  Bottlenose dolphin,
     species stop seine/weir/                     Northern NC estuarine
     pound net (except the NC                     system.
     roe mullet stop net).
    RI floating trap...........               9  None documented.
    Northeast and Mid-Atlantic          unknown  None documented.
     fyke net.
Dredge Fisheries:
    Gulf of Maine sea urchin            unknown  None documented.
     dredge.
    Gulf of Maine mussel dredge         unknown  None documented.
    Gulf of Maine, U.S. Mid-               >403  None documented.
     Atlantic sea scallop
     dredge.
    Mid-Atlantic blue crab              unknown  None documented.
     dredge.
    Mid-Atlantic soft-shell             unknown  None documented.
     clam dredge.
    Mid-Atlantic whelk dredge..         unknown  None documented.
    U.S. Mid-Atlantic/Gulf of             7,000  None documented.
     Mexico oyster dredge.
    New England and Mid-                unknown  None documented.
     Atlantic offshore surf
     clam/quahog dredge.
Haul/Beach Seine Fisheries:

[[Page 23145]]

 
    Caribbean haul/beach seine.              38  West Indian manatee,
                                                  Puerto Rico.
    Gulf of Mexico haul/beach           unknown  None documented.
     seine.
    Southeastern U.S. Atlantic               25  None documented.
     haul/beach seine.
Dive, Hand/Mechanical
 Collection Fisheries:
    Atlantic Ocean, Gulf of              20,000  None documented.
     Mexico, Caribbean
     shellfish dive, hand/
     mechanical collection.
    Gulf of Maine urchin dive,          unknown  None documented.
     hand/mechanical collection.
    Gulf of Mexico, Southeast           unknown  None documented.
     Atlantic, Mid-Atlantic,
     and Caribbean cast net.
Commercial Passenger Fishing
 Vessel (Charter Boat)
 Fisheries:
    Atlantic Ocean, Gulf of               4,000  Bottlenose dolphin,
     Mexico, Caribbean                            Barataria Bay
     commercial passenger                         estuarine system.
     fishing vessel.                             Bottlenose dolphin,
                                                  Biscayne Bay
                                                  estuarine.
                                                 Bottlenose dolphin,
                                                  Central FL coastal.
                                                 Bottlenose dolphin,
                                                  Choctawhatchee Bay.
                                                 Bottlenose dolphin,
                                                  Eastern GMX coastal.
                                                 Bottlenose dolphin, FL
                                                  Bay.
                                                 Bottlenose dolphin, GMX
                                                  bay, sound, estuarine.
                                                 Bottlenose dolphin,
                                                  Indian River Lagoon
                                                  estuarine system.
                                                 Bottlenose dolphin,
                                                  Jacksonville estuarine
                                                  system.
                                                 Bottlenose dolphin,
                                                  Mississippi Sound,
                                                  Lake Borgne, Bay
                                                  Boudreau.
                                                 Bottlenose dolphin,
                                                  Northern FL coastal.
                                                 Bottlenose dolphin,
                                                  Northern GA/Southern
                                                  SC estuarine.
                                                 Bottlenose dolphin,
                                                  Northern GMX coastal.
                                                 Bottlenose dolphin,
                                                  Northern migratory
                                                  coastal.
                                                 Bottlenose dolphin,
                                                  Northern NC estuarine.
                                                 Bottlenose dolphin,
                                                  Southern migratory
                                                  coastal.
                                                 Bottlenose dolphin,
                                                  Southern NC estuarine
                                                  system.
                                                 Bottlenose dolphin, SC/
                                                  GA coastal.
                                                 Bottlenose dolphin,
                                                  Western GMX coastal.
                                                 Short-finned pilot
                                                  whale, WNA.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2:
DE--Delaware; FL--Florida; GA--Georgia; GME/BF--Gulf of Maine/Bay of
  Fundy; GMX--Gulf of Mexico; MA--Massachusetts; NC--North Carolina; NY--
  New York; RI--Rhode Island; SC--South Carolina; VA--Virginia; WNA--
  Western North Atlantic;
\1\ Fishery classified based on mortalities and serious injuries of this
  stock, which are greater than or equal to 50 percent (Category I) or
  greater than 1 percent and less than 50 percent (Category II) of the
  stock's PBR;
\2\ Fishery classified by analogy; and
* Fishery has an associated high seas component listed in Table 3.


    Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
                                                  Marine mammal species
                                    Number of         and/or stocks
      Fishery description         HSFCA permits   incidentally killed or
                                                         injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Longline Fisheries:
    Atlantic Highly Migratory                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 (HI             143  Bottlenose dolphin, HI
     Deep-set component) *                        Pelagic.
     [supcaret].
                                                 False killer whale, HI
                                                  Pelagic.
                                                 Humpback whale, Central
                                                  North Pacific.
                                                 Kogia spp. (Pygmy or
                                                  dwarf sperm whale),
                                                  HI.

[[Page 23146]]

 
                                                 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 Pacific              20  Bottlenose dolphin, HI
     Ocean Tuna Purse Seine.                      Pelagic.
                                                 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 (HI              11  Bottlenose dolphin, HI
     Shallow-set component) *                     Pelagic.
     [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.
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:

[[Page 23147]]

 
    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.
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.


[[Page 23148]]

Classification

    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this rule would not have a significant 
economic impact on a substantial number of small entities. No comments 
were received on that certification, and no new information has been 
discovered to change that conclusion. Accordingly, no regulatory 
flexibility analysis is required, and none has been prepared.
    This rule contains existing collection-of-information (COI) 
requirements subject to the Paperwork Reduction Act and would not 
impose additional or new COI requirements. The COI for the registration 
of individuals under the MMPA has been approved by the OMB under OMB 
Control Number 0648-0293 (0.15 hours per report for new registrants). 
The requirement for reporting marine mammal mortalities or injuries has 
been approved by OMB under OMB Control Number 0648-0292 (0.15 hours per 
report). These estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the COI. Send comments regarding 
these reporting burden estimates or any other aspect of the COI, 
including suggestions for reducing burden, to NMFS (see ADDRESSES). 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 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 determined that publishing this LOF qualifies 
to be categorically excluded from further NEPA review, consistent with 
categories of activities identified in Categorical Exclusion G7 
(``Preparation of policy directives, rules, regulations, and guidelines 
of an administrative, financial, legal, technical, or procedural 
nature, or for which the environmental effects are too broad, 
speculative or conjectural to lend themselves to meaningful analysis 
and will be subject later to the NEPA process, either collectively or 
on a case-by-case basis'') of the Companion Manual and we have not 
identified any extraordinary circumstances listed in Chapter 4 of the 
Companion Manual for NAO 216-6A that would preclude application of this 
categorical exclusion. If NMFS takes a management action, for example, 
through the development of a TRP, NMFS would first prepare an 
Environmental Impact Statement or Environmental Assessment, as required 
under NEPA, specific to that action.
    This rule would not affect species listed as threatened or 
endangered under the ESA or their associated critical habitat. The 
impacts of numerous fisheries have been analyzed in various biological 
opinions, and this rule will not affect the conclusions of those 
opinions. The classification of fisheries on the LOF is not considered 
to be a management action that would adversely affect threatened or 
endangered species. If NMFS takes a management action, for example, 
through the development of a TRP, NMFS would consult under ESA section 
7 on that action.
    This rule would have no adverse impacts on marine mammals and may 
have a positive impact on marine mammals by improving knowledge of 
marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This rule would not affect the land or water uses or natural 
resources of the coastal zone, as specified under section 307 of the 
Coastal Zone Management Act.

References

Baird, R.W. 2016. The lives of Hawai`i's dolphins and whales: 
natural history and conservation. University of Hawai`i Press, 
Honolulu.
Baird, R.W., and D.L. Webster. 2020. Using dolphins to catch tuna: 
Assessment of associations between pantropical spotted dolphins and 
yellowfin tuna hook and line fisheries in Hawai`i. Fisheries 
Research. 230. (2020):105652.
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.
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.
National Marine Fisheries Service (NMFS). 2020. National Marine 
Fisheries Service Procedure 02-204-02: Criteria for Determining 
Negligible Impact under MMPA Section 101(a)(5)(E). 20 p. Available 
online: https://www.fisheries.noaa.gov/national/laws-and-policies/protected-resources-policy-directives.

    Dated: April 12, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-08210 Filed 4-18-22; 8:45 am]
BILLING CODE 3510-22-P