[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Proposed Rules]
[Pages 55348-55376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19153]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 220830-0176]
RIN 0648-BL30


List of Fisheries for 2023

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

ACTION: Proposed rule, request for comment.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
proposed List of Fisheries (LOF) for 2023, as required by the Marine 
Mammal Protection Act (MMPA). The LOF for 2023 reflects new information 
on interactions between commercial fisheries and marine mammals. NMFS 
must classify each commercial fishery on the LOF into one of three 
categories under the MMPA based upon the level of mortality and serious 
injury of marine mammals that occurs incidental to each fishery. The 
classification of a fishery on the LOF determines whether participants 
in that fishery are subject to certain provisions of the MMPA, such as 
registration, observer coverage, and take reduction plan (TRP) 
requirements.

DATES: Comments must be received by October 11, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0041, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2022-0041 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Chief, Marine Mammal and Sea 
Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter N/A in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, Office of Protected

[[Page 55349]]

Resources, 301-427-8402; Danielle Palmer, Greater Atlantic Region, 978-
282-8468; Jessica Powell, Southeast Region, 727-824-5312; Dan Lawson, 
West Coast Region, 206-526-4740; Suzie Teerlink, Alaska Region, 907-
586-7240; Elena Duke, Pacific Islands Region, 808-725-5134. Individuals 
who use a telecommunications device for the hearing impaired may call 
the Federal Information Relay Service at 1-800-877-8339 between 8 a.m. 
and 4 p.m. Eastern time, Monday through Friday, excluding Federal 
holidays.

SUPPLEMENTARY INFORMATION:

What is the List of Fisheries?

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

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

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

Fishery Classification Criteria

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

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

[[Page 55350]]

available scientific information used in the SARs and reviewed for the 
2023 LOF generally summarizes data from 2015-2019. NMFS also reviews 
other sources of new information, including injury determination 
reports, bycatch estimation reports, observer data, logbook data, 
stranding data, disentanglement network data, fishermen self-reports 
(i.e., MMPA mortality/injury reports), and anecdotal reports from that 
time period. In some cases, more recent information may be available 
and used in the LOF.
    For fisheries with observer coverage, species or stocks are 
generally removed from the list of marine mammal species and/or stocks 
incidentally killed or injured if no interactions are documented in the 
5-year timeframe summarized in that year's LOF. For fisheries with no 
observer coverage and for observed fisheries with evidence indicating 
that undocumented interactions may be occurring (e.g., fishery has low 
observer coverage and stranding network data include evidence of 
fisheries interactions that cannot be attributed to a specific fishery) 
species and stocks may be retained for longer than 5 years. For these 
fisheries, NMFS will review the other sources of information listed 
above and use its discretion to decide when it is appropriate to remove 
a species or stock.

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

    The best available information on the level of observer coverage 
and the spatial and temporal distribution of observed marine mammal 
interactions is presented in the SARs. Data obtained from the observer 
program and observer coverage levels are important tools in estimating 
the level of marine mammal mortality and serious injury in commercial 
fishing operations. Starting with the 2005 SARs, each Pacific and 
Alaska SAR includes an appendix with detailed descriptions of each 
Category I and II fishery on the LOF, including the observer coverage 
in those fisheries. For Atlantic fisheries, this information can be 
found in the LOF Fishery Fact Sheets. The SARs do not provide detailed 
information on observer coverage in Category III fisheries because, 
under the MMPA, Category III fisheries are not required to accommodate 
observers aboard vessels due to the remote likelihood of mortality and 
serious injury of marine mammals. Fishery information presented in the 
SARs' appendices and other resources referenced during the tier 
analysis may include: level of observer coverage; target species; 
levels of fishing effort; spatial and temporal distribution of fishing 
effort; characteristics of fishing gear and operations; management and 
regulations; and interactions with marine mammals. Copies of the SARs 
are available on the NMFS Office of Protected Resources website at: 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. Information on observer 
coverage levels in Category I, II, and III fisheries can be found in 
the fishery fact sheets on the NMFS Office of Protected Resources' 
website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables. Additional information on 
observer programs in commercial fisheries can be found on the NMFS 
National Observer Program's website: https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program.

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

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

Are high seas fisheries included on the LOF?

    Beginning with the 2009 LOF, NMFS includes high seas fisheries in 
Table 3 of the LOF, along with the number of valid High Seas Fishing 
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues 
HSFCA permits only for high seas fisheries analyzed in accordance with 
the National Environmental Policy Act (NEPA) and the Endangered Species 
Act (ESA). The authorized high seas fisheries are broad in scope and 
encompass multiple specific fisheries identified by gear type. For the 
purposes of the LOF, the high seas fisheries are subdivided based on 
gear type (e.g., trawl, longline, purse 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

[[Page 55351]]

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 marine mammals incidental to commercial 
fishing operations. The take of threatened or endangered marine mammals 
requires an additional authorization. Owners of vessels or gear engaged 
in a Category III fishery are not required to register with NMFS or 
obtain a marine mammal authorization.

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

    NMFS has integrated the MMPA registration process, implemented 
through the Marine Mammal Authorization Program (MMAP), with existing 
state and Federal fishery license, registration, or permit systems for 
Category I and II fisheries on the LOF. Participants in these fisheries 
are automatically registered under the MMAP and are not required to 
submit registration or renewal materials.
    In the Pacific Islands, West Coast, and Alaska regions, NMFS will 
issue vessel or gear owners an authorization certificate via U.S. mail 
or with their state or Federal license or permit at the time of 
issuance or renewal. In the Greater Atlantic and Southeast Regions, 
NMFS will issue vessel or gear owners an authorization certificate via 
U.S. mail automatically at the beginning of each calendar year.
    Vessel or gear owners who participate in fisheries in these regions 
and have not received authorization certificates by the beginning of 
the calendar year, or with renewed fishing licenses, must contact the 
appropriate NMFS Regional Office (see FOR FURTHER INFORMATION CONTACT). 
Authorization certificates may also be obtained by visiting the MMAP 
website https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate.
    The authorization certificate, or a copy, must be on board the 
vessel while it is operating in a Category I or II fishery, or for non-
vessel fisheries, in the possession of the person in charge of the 
fishing operation (50 CFR 229.4(e)). Although efforts are made to limit 
the issuance of authorization certificates to only those vessel or gear 
owners that participate in Category I or II fisheries, not all state 
and Federal license or permit systems distinguish between fisheries as 
classified by the LOF. Therefore, some vessel or gear owners in 
Category III fisheries may receive authorization certificates even 
though they are not required for Category III fisheries.
    Individuals fishing in Category I and II fisheries for which no 
state or Federal license or permit is required must register with NMFS 
by contacting their appropriate Regional Office (see ADDRESSES).

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

    In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6, 
any vessel owner or operator, or gear owner or operator (in the case of 
non-vessel fisheries), participating in a fishery listed on the LOF 
must report to NMFS all incidental mortalities and injuries of marine 
mammals that occur during commercial fishing operations, regardless of 
the category in which the fishery is placed (I, II, or III) within 48 
hours of the end of the fishing trip or, in the case of non-vessel 
fisheries, fishing activity. ``Injury'' is defined in 50 CFR 229.2 as a 
wound or other physical harm. In addition, any animal that ingests 
fishing gear or any animal that is released with fishing gear 
entangling, trailing, or perforating any part of the body is considered 
injured, regardless of the presence of any wound or other evidence of 
injury, and must be reported.
    Mortality/injury reporting forms and instructions for submitting 
forms to NMFS can be found at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations or by contacting the appropriate regional office (see FOR 
FURTHER INFORMATION CONTACT). Forms may be submitted via any of the 
following means: (1) online using the electronic form; (2) emailed as 
an attachment to [email protected]; (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: Danielle Palmer;
    NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 
33701, Attn: Jessica Powell;

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    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: 
Elena Duke.

Sources of Information Reviewed for the 2023 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 2023 was based on, among other things, stranding data; 
fishermen self-reports; and SARs, primarily the final 2021 SARs, which 
are based on data from 2015-2019. The SARs referenced in this LOF 
include: 2020 (86 FR 38991; July 23, 2021) and 2021 (87 FR 47385; 
August 3, 2022). The SARs are available at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region.

Summary of Changes to the LOF for 2023

    The following summarizes changes to the LOF for 2023, 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 2023. NMFS also makes changes 
to the estimated number of vessels/persons and list of species and/or 
stocks killed or injured in certain fisheries. Many Category III 
fisheries on the LOF have never been described in the LOF. While 
detailed information describing each fishery on the LOF has been 
included within the SARs for some fisheries, a FMP, TRP, or by state 
agencies, general descriptive information is also included here to 
clearly define each fishery that is on the LOF. Since the 2016 LOF (80 
FR 58427; September 29, 2015), NMFS has been developing Category III 
fishery fact sheets that are available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables. NMFS is requesting public comment on the 
fisheries descriptions below to include within the fact sheets. The 
classifications and definitions of U.S. commercial fisheries for 2023 
are identical to those provided in the LOF for 2022 with the changes 
discussed below. State and regional abbreviations used in the following 
paragraphs include: AK (Alaska), BBES (Barataria Bay Estuarine System), 
BSAI (Bering Sea, Aleutian Island), CA (California), FL (Florida), Gulf 
of Alaska (GOA), HI (Hawaii), OR (Oregon), and WA (Washington).

Commercial Fisheries in the Pacific Ocean

Classification of Fisheries

    NMFS proposes to reclassify the Category III Hawaii offshore pen 
culture fishery to Category II fishery based on a documented monk seal 
mortality in 2017. A monk seal was found dead in a retired fish pen, 
which was scheduled for removal from the fishery operation. This 
mortality resulted in a mean annual estimated mortality and serious 
injury (M/SI) of 0.2 (4.2 percent of the stock's PBR) for the Hawaii 
offshore pen culture fishery (Carretta et al., 2021). Therefore, 
because the estimated M/SI is between 1 and 50 percent of PBR (Tier 2 
analysis), NMFS proposes to reclassify the Hawaii offshore pen culture 
fishery from a Category III to a Category II fishery.

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to rename the Category III CA set gillnet (mesh size 
<3.5 in) fishery to the CA herring set gillnet fishery to indicate 
herring is the only target species of this fishery.
    The fishery targets Pacific herring specifically, operating in and 
around San Francisco Bay, Crescent City Harbor, Humboldt Bay, and 
Tomales Bay. California Department of Fish and Wildlife (CDFW) manages 
this winter fishery running from January 2 until March 15, depending on 
stock abundance. The traditional product from this fishery, kazunoko, 
is the roe sac (eggs) removed from the females, which is processed and 
exported for sale in Japan. There are also local markets for whole 
herring.
    The gear configurations differ in each area where Pacific herring 
are targeted by gillnets. In San Francisco Bay and Tomales Bay, 
fishermen use up to two gillnets that are not more than 65 fathoms (390 
ft or 118.9 m) long measured at the cork line (float line). The depth 
of the nets are a maximum of 120 meshes, with mesh size ranging from 2 
to 2.5 inches (5.1 to 6.4 cm) maximum. In Crescent City Harbor and 
Humboldt Bay, fishermen may fish in combination with no more than 150 
fathoms (900 ft or 274.3 m) of gillnet. The net depth is also a maximum 
of 120 meshes deep; however, the mesh size is a minimum of 2.25 inches 
(5.7 cm) to a maximum of 2.5 inches (6.4 cm). The nets are anchored by 
35-pound (15.9 kg) weights on each end and suspended in the water 
column by attaching buoys on each end. Each buoy is marked with the 
vessel number.
    This is a limited entry fishery, with separate permit caps for each 
of the four management areas in California. Until recently, San 
Francisco Bay was managed based on a platoon structure, which separated 
the fishery into Even and Odd fishing groups based on the permit 
numbers. Platoons rotated fishing weeks with the first platoon 
designated by whether the season year is odd or even. New regulations 
implementing the California Pacific Herring Fishery Management Plan 
during the 2020-2021 season eliminated the platoon structure. Now, a 
quota system dictates the maximum catch available to the commercial 
fishery each season.
    NMFS proposes to rename the Category III CA pelagic longline 
fishery to the West Coast pelagic longline fishery. This fishery is 
federally-managed, operates outside the U.S. exclusive economic zone 
(EEZ) and is not associated with the State of California.
    This fishery targets bigeye, yellowfin, and skipjack tuna along 
with opah and other highly migratory species (HMS) in the Eastern 
Pacific Ocean (EPO) outside of the U.S. EEZ, which extends 3-200 nm 
(5.6-370.4 km) off the coast. The fishery generally extends south to 20 
degrees North latitude, and west to 140

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degrees West longitude. Bigeye tuna is normally targeted at depths from 
anywhere between 250-400 meters (820.2-1312.3 ft) during the daytime.
    The gear consists of a 45-60 nm (83.3-111.1 km) long monofilament 
main line approximately 3.2-3.5 mm (0.1 inch) thick that is set, 
retrieved, and stored on large hydraulic reels. The main line is 
suspended at the target fishing depth by orange inflatable floats 
attached via float lines made of monofilament or braided line. Part of 
the array used to suspend the main line includes 7 to 9 radio buoys, 
used to show the location and footprint of the gear on the radar of the 
fishing vessel. Attached to the main line are 2,000-3,500 monofilament 
branch lines (usually 15-30 between each float), each 8-15 m (26.2-49.2 
ft) in length. These lines culminate in a swivel weight from which a 
leader line of 0.5-1 m (1.6-3.3 ft) extends to a size 16/0-18/0 baited 
offset circle hook. The bait used in this fishery consists of either 
frozen mackerel, saury, sardine, squid, or a combination of all four 
bait types.
    The fishery is managed under the HMS Fishery Management Plant (FMP) 
by the Pacific Fishery Management Council (PFMC). All U.S West Coast 
vessels targeting tropical tunas require a Federal HMS permit with a 
deep-set longline (DSLL) endorsement, and registration with the Inter-
American Tropical Tuna Commission (IATTC). Use of either shallow-set or 
deep-set pelagic longline gear within the U.S. EEZ of the U.S. West 
Coast is prohibited. The HMS FMP does not permit shallow-set longline 
(SSLL) fishing, although SSLL vessels fishing under a Hawaii longline 
permit (under the Pelagics FMP) do make landings into California. Use 
of a vessel monitoring system (VMS), attendance at protected species 
workshops, and the possession/use of sea turtle and seabird mitigation 
gear and safe handling techniques are required. The use of light sticks 
or any other light emitting devices is prohibited.
    The IATTC specifies trip limits (for certain vessel classes/sizes) 
and yearly catch limits each year for all tuna species in the 
Convention Area. The West Coast DSLL vessels participating in this 
fishery are not subject to trip limits due to all of the vessels being 
under 24 m (78.7 ft) in length; however, these vessels cannot exceed 
the yearly catch limits set for bigeye tuna and other tuna species. 
Federal logbooks are required for all fisheries targeting HMS. 
Observers are mandatory for at least 20 percent of the total trips for 
the calendar year.

Fishery Descriptions

CA Coonstripe Shrimp Pot Fishery
    The Category II CA coonstripe shrimp pot fishery primarily occurs 
along a relatively narrow depth range, between 20 and 30 fathoms (120-
180 ft or 36.6-54.9 m) in northern California and southern Oregon. In 
California, most of the fishing activity for coonstripe shrimp has 
taken place within a few miles off Crescent City Harbor with additional 
effort emerging within the Gulf of the Farallones, although the range 
of the fishery along the California coast has been expanding recently. 
The fishery is prohibited from November 1 through April 30. The fishery 
is relatively new, beginning in 1995.
    Fishermen commonly use 300 to 400 traps during the fishing season. 
The traps are set in strings composed of between 10-30 traps per 
string, connected to a long line weighted at both ends and marked with 
a polyball or flagpole. Fishermen tend to leave the strings of traps in 
the water for several days before tending. Some fishers position their 
traps at a specific depth, about 25 fathoms (150 ft or 45.7 m), while 
others vary the depth and prospect as shallow as 12 fathoms (72 ft or 
21.9 m). Each trap weighs less than 10 pounds (4.5 kilograms) and is 
constructed of 1\3/8\-inch (3.5 cm) mesh wire over a stainless steel 
frame. The traps are typically 39 inches (1.0 m) in diameter, 16 inches 
(40.6 cm) tall, and have two entry funnels that are 3 inches (7.6 cm) 
in diameter.
    Every buoy marking a commercial trap, or the end of a string of 
traps, is marked with a commercial fishing license identification 
number followed by the letter ``C'', which is specific to this fishery.
    This is an open access fishery managed by the State of California 
that varies in fleet size and composition every year. To participate in 
the commercial fishery, a fisherman must be a registered commercial 
fisherman, have a commercial vessel registration, and a general trap 
permit. In addition, fishermen must comply with all California 
regulations for all pot/trap fisheries regarding size of traps, 
destructive devices, marking the gear, and trap servicing.
WA Grays Harbor Salmon Drift Gillnet (Excluding Treaty Tribal Fishing) 
Fishery
    The Category III WA Grays Harbor salmon drift gillnet (excluding 
treaty Tribal fishing) fishery mainly targets salmon (Chinook, coho, 
and chum) and shad. Grays Harbor, situated just north of Willapa Bay in 
the southwest corner of Washington, is divided into four distinct 
management areas shown in the following map: https://wdfw.wa.gov/sites/default/files/2019-02/2012_gh_map.pdf.
    It is a fall fishery, open from October 1 to November 30 each year, 
with time limits set for each area and adjusted for each season 
depending on fish stock abundance. The time limits include certain days 
open for fishing each month, with constraints on the specific hours 
when fishing is allowed on these days.
    The net is constructed of synthetic multifilament mesh, which may 
not exceed 1,500 feet (457.2 m) in length. Nets are attached at one end 
of the vessel, drifting with the vessel. The mesh size does not exceed 
6.5 inches (16.5 cm) in areas 2A, 2B and 2D. In area 2C, the maximum 
mesh size is 9.0 inches (22.9 cm). The drift times vary depending on 
the fishing area, tidal condition, and target catch, but are ultimately 
limited to no more than 45 minutes.
    This is a limited entry fishery managed by the Washington 
Department of Fish and Wildlife (WDFW). However, the PFMC and NMFS co-
manage the fishery with WDFW for implementing management actions such 
as season length, bag limits, and quotas.
WA/OR Mainstem Columbia River Eulachon Gillnet Fishery
    The Category III WA/OR Mainstem Columbia River eulachon gillnet 
fishery targets eulachon (candlefish), which is a member of the typical 
smelts, in the lower Columbia River downstream from Bonneville Dam. 
Effort takes place during winter and spring, from December 1 to March 
31, to supply both the bait demand for sport sturgeon anglers and the 
fresh food market. The Columbia River fishery typically drops off 
dramatically after the eulachon enters the Cowlitz River and other 
lower Columbia tributaries, as markets fill with fish landed from 
tributary commercial fisheries. In the past, fishing used to be allowed 
7 days a week, but has been restricted to fewer days a week for fishery 
management.
    The fishery is primarily conducted using 2 inch (5.1 cm) stretched 
bobber gill nets, required under Washington and Oregon rules, which are 
set during the turn of the tide and during the flood tide when the fish 
are present at intermediate depths. The nets are suspended below the 
surface by dropper lines. Usually two or more gillnets are used, each 
net being fished by repeatedly drifting through the fishing area until 
the net is full.

[[Page 55354]]

    Oregon and Washington jointly manage Columbia River fish and 
fisheries in the transboundary mainstem reaches of the lower basin. 
Oregon and Washington manage the fishery under the Congressionally-
approved Columbia River Compact. The Compact States can open a 
commercial fishery only with the mutual consent and approbation of both 
states. The Compact does not restrict the right of either state to 
adopt regulations that are more conservative than that of the other, 
though such regulations can be enforced only in the adopting state's 
waters.
    Washington commercial fishermen are required to have a Columbia 
River smelt license when targeting eulachon for either human 
consumption or bait-fishing. Oregon does not require a separate smelt 
license; however, fishermen must possess a commercial fishing license 
and a commercial fishing boat license. If eulachon are targeted only 
for bait sales, fishers may purchase a bait-fishing license only 
instead of a commercial fishing license and a commercial fishing boat 
license.
WA/OR Lower Columbia River (Includes Tributaries) Drift Gillnet Fishery
    The Category III WA/OR lower Columbia River (includes tributaries) 
drift gillnet fishery targets coho (fin-clipped only), pink, and 
Chinook salmon from the mouth of the Columbia River upstream to Kelley 
Point, Oregon. The area of the lower Columbia river where effort occurs 
is divided into four zones, which includes approximately 140 river 
miles (225.3 km) available to commercial salmon drift gillnet fishing. 
A clear depiction of each of the zones can be found at: https://www.dfw.state.or.us/fish/OSCRP/CRM/docs/2013/Columbia%20River%20Commercial%20Zone%201-6%20Map.pdf.
    Gear includes multifilament drift gillnets with a maximum length of 
150 fathoms (900 ft or 274.3 m), and a maximum mesh size of 3\3/4\ 
inches (9.5 cm). No slacker or stringer lines may be used to slacken 
the net vertically, but the gillnet hang ratio is not restricted. The 
nets may include an optional steelhead excluder device that must adhere 
to particular specifications if used, including placement of two red 
corks at each end of the net using one. The soak times are limited to 
30 minutes.
    This is a limited entry fishery, but permits are transferable if 
certain requirements are met. Standard regulations include: maximum 
allowable net length, use of recovery boxes, limited soak times, use of 
red floats at 25 fathom (150 ft or 45.7 m) intervals, lighted buoys (if 
fishing occurs at night), and tangle net certification that indicates 
at least one person on board is able to handle an undersized fish in 
such a way that it can successfully be released alive. State management 
observers must be taken upon request.
    The fishery is managed in conjunction with other State salmon 
fisheries, and co-managed with Federal salmon fisheries by the PFMC and 
NMFS. Catch reporting is required within 24 hours. Targeting white 
sturgeon and shad is prohibited.
WA Willapa Bay Drift Gillnet Fishery
    The Category III WA Willapa Bay drift gillnet fishery targets coho, 
chum, and Chinook salmon during the fall within Willapa Bay, situated 
just south of Grays Harbor in the southwest corner of Washington. A 
detailed depiction of the commercial fishing areas in Washington can be 
found here: https://wdfw.wa.gov/sites/default/files/2019-02/2013_wb_map.pdf.
    Drift gillnets are the only gear allowed in the fishery. These nets 
must adhere to specific mesh size and length requirements. The net 
length can be up to 1,500 feet (457.2 m), and the mesh size ranges from 
a stretched length of 4\1/4\ inches to 6\1/2\ inches (10.8-16.5 cm). 
Mesh size requirements may vary within the various areas, on specific 
days and at certain times, depending on salmon stock status and size 
limits. Soak times are limited to 45 minutes.
    This is a limited entry fishery managed primarily by the WDFW, in 
concert with salmon fisheries management by the PFMC and NMFS. The 
retention of any species other than the intended target species is 
prohibited, and any encounters with white sturgeon, green sturgeon, and 
steelhead, has to be reported. The use of recovery boxes to improve 
survival of fish bycatch is mandatory, with the number and type used 
depending on the area fished. A vessel operator cannot fish unless they 
have attended a best fishing practices workshop and have a department 
issued certification card in their possession at all times while 
conducting fishing operations. State observers must be taken if 
requested to do so. Each vessel is allowed to have more than one net on 
board.
WA/OR Sardine Purse Seine Fishery
    The Category III WA/OR sardine purse seine fishery targets Pacific 
sardines, a coastal pelagic species (CPS), in the water column above 
the continental shelf off the coast of Oregon and Washington. Federal 
harvest guidelines for directed fisheries may be allocated across 
different seasonal periods throughout the year, although effort is 
generally constrained to time periods of favorable weather during the 
late spring and summer.
    Purse seine gear is the main gear used to harvest CPS. A purse 
seine is a large wall of netting deployed around an entire school of 
fish. It consists of floats adhered to the ``float line'' of the seine 
with a lead line threaded through rings at the bottom. When a school of 
target species is located, a skiff will encircle the school with one 
end of the seine attached to the skiff while the other end is attached 
to the fishing vessel itself, and circle back to the fishing vessel. 
Once the skiff reaches the vessel, the lead line at the bottom of the 
seine is pulled in, ``pursing'' the net closed on the bottom, thus 
preventing the fish from escaping when swimming downward.
    In Oregon, vessels using purse seine gear to take any CPS except 
market squid must place a grate over the intake of the hold of the 
vessel to sort out larger species of fish. None of the openings between 
the bars in the grate may exceed 2\3/8\ inches (6.0 cm).
    CPS fisheries, including Pacific sardine, are jointly managed by 
the PFMC and the states of Oregon and Washington. This is an open 
access fishery, although State permits are required. Pacific sardines 
(and Pacific mackerel) are actively managed stocks under the Federal 
CPS FMP with catch limits based on regular stock assessments. For 
sardine, PFMC establishes harvest guidelines that are allocated by 
seasonal periods, with releases on July 1st, September 15th and January 
1st. If the period allocation is not attained, it and any remaining 
incidental fishery set aside is rolled to the next period. However, it 
cannot be rolled into the next fishing year.
    The primary directed Pacific sardine fishery has been closed since 
2015 because the estimated biomass has been below the harvest cutoff 
value of 150,000 metric tons. Incidental allowances for sardine are 
still allowed, along with live bait fishing. Starting in 2018, the CPS 
FMP has also allowed for ``minor'' directed fishing for sardines and 
other CPS when the primary directed fishery has closed. The allowance 
for minor directed fishing is that no vessel or person may land more 
than one metric ton per day, and vessels may not make more than one 
trip per day. Directed purse fishing for Pacific mackerel in Washington 
requires a State permit that cannot be transferred or stacked (i.e., 
having more than one permit associated with a single vessel).

[[Page 55355]]

CA Tuna Purse Seine Fishery
    The Category III CA tuna purse seine fishery targets yellowfin, 
Pacific bluefin, skipjack, and Pacific bonito mostly caught within 
Federal waters when the stocks occur in U.S. waters off California.
    Purse seines are used, which are large walls of netting deployed 
around an entire school of fish. Purse seines consist of floats adhered 
to the ``float line'' of the seine with a lead line threaded through 
rings at the bottom. When a school of tuna is located, a skiff will 
encircle the school with one end of the purse seine attached to the 
skiff, while the other end is attached to the purse seine vessel. Once 
the skiff circles around and reaches the purse seine vessel, the lead 
line at the bottom of the seine is pulled in, ``pursing'' the net 
closed on the bottom and preventing the tuna from escaping when 
swimming downward.
    Purse seines in this fishery can be more than 6,500 ft (1981.2 m) 
in length. The minimum length depends on the length of the purse seine 
vessel. The maximum depth where fish are targeted is about 300 m (984.3 
ft). The mesh size used depends on the species targeted; it is 
important that the mesh size is not too large, in order to prevent 
gilling the fish, but is big enough to enable undersized fish to 
escape. The mesh size for this specific fishery ranges from 2-2\3/4\ 
inches (5.1-7.0 cm).
    All fisheries targeting highly migratory species (HMS), including 
tuna, require a Federal HMS permit, and additional state permits may 
apply. This is an open access fishery. The IATTC specifies trip limits 
and catch limits each year for most target species. Trip limits are 
based on the cumulative catches for each quarter, and are adjusted 
accordingly. There is also a requirement to submit, within 24 hours of 
landing, electronic landings receipts for Pacific bluefin tuna landings 
in California ports. The IATTC groups purse seine vessels into 2 fleet 
types, large seiners (Classes 4-6) and small seiners (Classes 1-3). The 
large seiners are held to more restrictive measures than the small 
seiners regarding area closures, closure dates, and catch limits. The 
smaller coastal purse seine vessels that plan to target HMS must 
register with the IATTC purse seine vessel registry. Logbooks are 
required, and all logbook and observer data is collected by the IATTC 
and NMFS. The State of California also requires that no Pacific bluefin 
tuna weighing less than 7.5 pounds (3.4 kg) may be sold, purchased, or 
processed.
WA/OR Lower Columbia River Salmon Seine Fishery
    The Category III WA/OR Lower Columbia River salmon seine fishery is 
located in the lower mainstem of the Columbia River in both Oregon and 
Washington. This includes the stretch of the Columbia River between the 
Bonneville Dam and the river mouth to the Pacific Ocean. The fishery 
targets coho and adipose fin-clipped Chinook salmon. The season is from 
mid-August to late September.
    These seine nets are made of 3-strand nylon with a stretched mesh 
size no larger than 3\1/2\ inches (8.9 cm). The seines cannot be longer 
than 200 fathoms (1,200 ft or 365.8 m) or have a depth greater than 200 
meshes. The seine can include a chafing strip panel at the bottom of 
the net with a maximum panel depth of 5 feet (1.5 m). The chafing mesh 
cannot be greater than 3.5 inches (8.9 cm) for beach seines, and 5 
inches (12.7 cm) stretched for purse seines. Red corks are required at 
25 fathom (150 ft or 45.7 m) intervals and must contrast with other 
corks used on the net.
    WDFW and Oregon Department of Fish and Wildlife (ODFW) jointly 
manage the limited-entry fishery and authorize participants. An 
Emerging Fishery license and Experimental Fishery Permit from 
Washington and an Experimental Gear Permit from Oregon are needed to 
participate. The managers divide the Columbia River into management 
zones. This fishery historically has taken place in Zones 1-5. 
Different quota limits are set for adipose fin-clipped Chinook and coho 
for beach seines and purse seines. Any wild Chinook or steelhead are 
required to be released. An observer is required by the States if 
requested.
WA Salmon Reef Net Fishery
    The Category III WA salmon reef net fishery targets sockeye, 
Chinook, pink, coho, and chum salmon within Puget Sound. Currently reef 
nets are only allowed in an area around the San Juan Islands. The 
fishery usually starts around mid-September and extends into early 
November.
    Reef nets are suspended between two anchored boats upstream from 
the river mouth that the salmon use to pass through on their way to 
freshwater spawning grounds. The bottom ropes are much lower than the 
bunt to create an incline, which gradually raises up to catch the 
salmon when passing over the net. The lead lines of the reef net are 
floating at all times in order to keep the net suspended at its 
required target depth. Reef nets are set so that the dominant daytime 
tide, ``flood'' tide, pushes the salmon to follow the lead lines over 
webbing and into the bunt of the net. Streamers are woven into the side 
and bottom ropes in order to potentially trick salmon by giving the 
illusion of an eelgrass bed. The net is pulled to the surface by a 
system of battery powered winches, all salmon trapped in the bunt are 
maneuvered into a live well of the outside vessel. The vessels and gear 
are anchored in one place for the duration of the summer or fall 
fishing seasons and set year after year in the same locations. The nets 
cannot be anchored to pilings. The reef nets are a maximum of 300 
meshes on either side, have only two leads, and the mesh size is equal 
to or greater than 3.5 inches (8.9 cm). The leads are a maximum of 200 
feet (61.0 m) in length from the anchor boat bows to the nearest end of 
the head buoys.
    The fishery requires a limited entry permit that is transferable. 
WDFW, Puget Sound Treaty Tribes, and NMFS jointly manage salmon 
harvest, generally through season openings, mesh size limits, and 
limits regarding the amount of time and effort is allowed each day or 
night within the various areas. A portion of the fishery is managed by 
the Fraser River Panel, which is composed of representatives from the 
U.S. and Canada.
    Fishermen cannot keep any unmarked (clipped adipose fin and a 
healed scar at the site of the clipped fin) Chinook during the season 
or any chum caught before October 1st. Fishermen must attend a fish 
friendly workshop to fish in certain areas. Fishermen must submit 
logbooks to WDFW for any retained Chinook salmon. Every fisherman is 
required to report lost netting to WDFW. Emergency regulation and in-
season changes can occur based on stock allocations and conservation 
objectives.
CA Squid Dip Net Fishery
    The Category III CA squid dip net fishery targets market squid in 
nearshore waters, typically over sandy bottom habitat. Generally, the 
fishery north of Point Conception, mainly around Monterey Bay, operates 
from April through September. The fishery south of Point Conception is 
most active from October through March. The fishery is closed during 
the weekends (from Friday noon until Sunday noon) to allow for 
uninterrupted spawning. The majority of the fishing effort takes place 
at night relatively close to shore. Landings decrease during warm water 
trends of El Ni[ntilde]o years, as squid are affected by warm waters 
associated with these ecosystem conditions. Strong El Ni[ntilde]o 
periods can lead to substantial

[[Page 55356]]

reductions in primary production. Catches usually increase during 
cooler La Ni[ntilde]a phases and periods of increased upwelling.
    Brail gear such as dip nets and scoop nets are used to harvest 
market squid in this fishery. Both of these are similar types of hand 
nets, which consists of a net or mesh basket, made from either wire, 
nylon mesh or cloth mesh, held open by a hoop. This hoop may or may not 
be connected to a handle that can differ in length. Generally speaking, 
hand nets with the hoop attached to a long handle are called dip nets 
and hand nets with no handle are called a scoop net. Lights of up to 
30,000 watts may be used to attract squid.
    Market squid is included under the PFMC CPS FMP, which specifies a 
management framework for all CPS. However, since 2005, this fishery is 
principally managed by the State of California under the Market Squid 
Fishery Management Plan (MSFMP). The squid brail fishery is a 
restricted access fishery, consisting of transferable and non-
transferable market brail permits that must be renewed annually. There 
is also a market squid vessel permit that authorizes the use of round 
haul gear, including purse seine, drum seine, and lampara nets, along 
with use of brail gear. To use light to aggregate squid for commercial 
harvest, either a market squid brail permit, market squid vessel 
permit, or a market squid light boat permit is required. No permit is 
required for the transfer of squid at sea for live bait in an amount 
less than 200 pounds (90.7 kg) in a calendar day.
WA/OR/CA Albacore Surface Hook and Line/Troll Fishery
    The Category III WA/OR/CA albacore surface hook and line/troll 
fishery targets North Pacific albacore tuna with troll or poll and line 
gear. This fishery is active throughout the continental west coast of 
the U.S. Prior to 2000, fishing for albacore was common off California. 
However, the stock has moved north, making Oregon and Washington the 
current focus for albacore tuna trolling on the West Coast. Fishing 
generally occurs 30-100 nautical miles (55.6-185.2 km) offshore. While 
fishing for albacore tuna is allowed year round, most effort occurs 
from late summer to early fall when fish are present in the area due to 
warm currents in the region. Surface albacore tuna fishing focuses on 
juvenile tuna that are found at or near the surface.
    Two types of hook and line gear configurations are generally used 
along the West Coast for albacore tuna fishing. Troll includes one or 
more lines with lures or baited hooks attached that are drawn 
(``trolled'') through the water column. Pole-and-Line use rigid rods or 
poles with lines and baited hooks.
    The majority of fishermen that troll for surface albacore tuna tow 
10-20 lines. The lines are pulled through the surface waters at speeds 
of 4-8 knots (7.4-14.8 km/hr) to attract the albacore. Trollers that 
fish inshore use smaller boats (30-50 ft or 9.1-15.2 m in length) and 
spend 1 to 3 weeks at sea. Offshore fishermen use larger boats (50-90 
ft or 15.2-27.4 in length) and spend 1 to 2 months at sea.
    Both gears are open access and require a Federal HMS permit in 
addition to a state commercial fishing permit. The fishery is managed 
under the HMS FMP by the PFMC. HMS permits are issued to a specific 
vessel, are non-transferable, and are valid for two years. Federal 
logbooks are required.
    The albacore fishery is also managed by two international 
organizations, the IATTC and the Western and Central Pacific Fisheries 
Commission. Additionally, the U.S.-Canada Albacore Treaty bilateral 
agreement allows for U.S. vessels to fish for albacore tuna in Canadian 
waters seaward of 12 nautical miles (22.2 km) from shore, and allows 
Canadian vessels to fish for albacore tuna in U.S. waters seaward of 12 
nautical miles (22.2 km) from shore. The treaty also allows Canadian 
vessels to use certain U.S. ports to obtain supplies and services and 
to land fish. Similarly, it allows U.S. vessels to use certain Canadian 
ports for the same purposes. In addition, the treaty calls for the 
exchange of fisheries data between the two governments. U.S. vessels 
wishing to fish in Canadian waters pursuant to the treaty must register 
with NMFS seven days prior to the first planned fishing day in Canada.
CA/OR/WA Salmon Troll Fishery
    The Category III CA/OR/WA salmon troll fishery primarily targets 
Chinook and coho salmon in Oregon and Washington. Retention of coho 
salmon is prohibited in California, leaving Chinook as the primary 
target for the California fishery. Pacific halibut may also be caught 
and landed incidentally in all three states under an incidental take 
permit. Effort occurs across all three U.S. West Coast States, 
primarily during the summer and fall, with limited effort occurring 
during the spring in certain areas during certain years. In California, 
the majority of effort takes place in the central and northern coast, 
but can extend all the way into the Southern California Bight. 
Generally, most of the salmon trolling effort occurs within 15-20 
nautical miles (27.8-37.0 km) from shore including both State and 
Federal waters.
    Trollers fish for salmon by towing lures or baited hooks through 
the water. Fishing lines are rigged to outriggers that prevent the 
lines from being entangled or caught in the vessel prop. Up to six 
stainless steel lines are fished from each outrigger, each of these 
lines containing up to four baited hooks or lures weighted to depth by 
10-50 pound (4.5-22.7 kg) weights. The barbless lures can be fished 
from just under the surface, down to 80 fathoms (480 ft or 146.3 m), 
trolled at speeds of 1-4 knots (1.9-7.4 km/hr). Natural bait used 
includes anchovy or herring. Fishing depth, troll speed, type of lure, 
and area fished all help to determine the number and species of salmon 
caught. For example, Chinook salmon are generally caught deeper than 
coho salmon.
    Ocean salmon fisheries conducted off of California, Oregon, and 
Washington are managed under the Federal Pacific Coast Salmon FMP along 
with individual state regulations. The Salmon FMP provides a framework 
for managing ocean salmon fisheries in a sustainable manner as required 
under the Magnuson-Stevens Fishery Conservation and Management Act 
through the use of conservation objectives, annual catch limits, and 
other status determination criteria described in the FMP. Fishermen in 
all three U.S. West Coast states are issued limited entry permits. It 
is important to note that quota and size limits change every season, as 
do the timing and duration of seasons, depending on stock assessments 
and other management considerations.
WA/OR/CA Groundfish, Bottomfish Longline/Set Line Fishery
    The Category III WA/OR/CA groundfish, bottomfish longline/set line 
fishery primarily targets sablefish using bottom longline gear, 
especially during the main season from April through October, however, 
rockfish are also targeted. There are over 60 different species of 
rockfish that may be taken, although a handful of species make up the 
majority of the catch. This includes thornyheads, rougheye, and 
blackgill rockfish. Other species commonly landed include lingcod, 
grenadier, and skates. The fishery takes place all along the U.S. West 
Coast at depths that range from 11-722 fathoms (66-4,332 ft or 20.1-1, 
20.4 m).
    The gear consists of a mainline made of multifilament line/rope or 
monofilament line that is typically spooled on a hydraulic drum and set 
from the stern of a vessel. The main line extends for up to two 
nautical miles

[[Page 55357]]

horizontally along the seafloor. It can be fitted with up to 2,000 
small gangions tied at intervals along the mainline terminating in a 
baited hook. The longline is marked on the ocean surface with a float 
and flagpole at each end that is anchored to the sea floor. Any gear 
that is not attached to the vessel must be attached to buoys floating 
on the surface and marked on the upper half with the commercial fishing 
license identification number at least 2 inches (5.1 cm) in height.
    Three options exist under which sablefish or other groundfish such 
as rockfish may be the target species or incidentally taken. These 
include: a limited entry permit with fixed gear endorsement and a 
sablefish quota; a limited entry permit with fixed gear endorsement 
without a sablefish quota that includes trip limits for different 
species; and an open access fishery that includes trip limits for 
different species. Recent regulations in the Groundfish Catch Share 
sector permit trawl fishermen with Individual Fishery Quotas to harvest 
sablefish or other groundfish by using other gear types (aka gear 
switching) that include bottom longlines. There are applicable Federal 
and state regulations that describe where fishing can take place, 
including various area and time closures (e.g., Rockfish Conservation 
Areas).
CA Halibut Bottom Trawl Fishery
    The Category III CA halibut bottom trawl fishery generally targets 
California halibut in Federal waters predominantly off central 
California from Point Reyes southward to Point Sal, and throughout the 
Southern California Bight. Very little effort occurs in northern 
California. While this is primarily a daytime fishery, some activity 
occurs at night.
    The majority of effort in southern California occurs within the 
California Halibut Trawl Grounds (CHTG), which is limited to State of 
California waters from 1-3 nm (1.9-5.6 km) along the mainland shore 
between Port Arguello and Point Mugu. There are four sub-areas within 
the CHTG that are permanently closed, resulting in roughly 87 percent 
of the CHTG available for fishing during the allowable trawl season 
from June 16 to March 14, though not all of that 87 percent is fishable 
due to bottom debris and obstructions left from oil extraction or rocky 
reefs. Trawling for California halibut can be conducted year round in 
Federal waters, but is prohibited in State of California waters outside 
the CHTG.
    Vessels use otter trawl gear consisting of two doors, with one door 
deployed on each side of the net to spread the mouth of the net open. 
The mouth of the net is held open vertically with floats attached to 
the head rope (top of the net) and weights on the footrope (bottom of 
the net). The majority of trawlers in southern California use a 
``dropped-loop'' style chain that consists of chain link loops that 
hang from the footrope to provide weight, while decreasing the surface 
area that comes in contact with the bottom.
    Only light touch trawl gear adhering to the following gear 
specifications may be used to catch California halibut in the CHTG. The 
gear must consist of trawl doors weighing no more than 500 pounds 
(226.8 kg). The headrope can only be up to 90 feet (27.4 m) in length 
and may consist of chain, rope, or wire. The footrope may consist of 
rope or wire. Any chain attached to the footrope shall not exceed \1/4\ 
inch (0.6 cm). There are no rollers or bobbins on the footrope. The 
webbing material itself is up to 7 mm (0.3 inches) in diameter, and the 
mesh size for the codend is a minimum of 7.5 inches (19.1 cm). When 
trawling in Federal waters, the codend net mesh size is a minimum of 
4.5 inches (11.4 cm).
    This is a state managed fishery requiring a limited entry non-
transferable California halibut bottom trawl vessel permit and a 
commercial fishing license. The minimum size limit is 22 inches (55.9 
cm) total length for landed California halibut. Logbook reporting is 
mandatory.
    When targeting California halibut in Federal waters, trawlers are 
subject to Federal groundfish regulations such as conservation area 
restrictions and requirements, daily and monthly incidental trip limits 
for groundfish species, Federal at-sea observer coverage, and a vessel 
monitoring system requirements to monitor compliance with closed areas. 
There is no limit on the amount of catch that can be landed under a 
California halibut permit; however, individuals who possess a Federal 
groundfish trawl permit, but not a halibut trawl permit, can only land 
up to a 150 pounds (68.0 kg) of California halibut incidentally.
CA Sea Cucumber Trawl Fishery
    The Category III CA sea cucumber trawl fishery predominantly 
targets the California sea cucumber/giant red sea cucumber, although 
warty sea cucumber is also harvested on rare occasions. Trawling for 
any sea cucumber is only allowed in Southern California, from Point 
Conception to San Diego. The trawl fishery operates primarily in waters 
between depths of 30-70 fathoms (180-420 ft or 54.9-128.0 m), with an 
average depth of 45 fathoms (270 ft or 82.3 m).
    Trawling for California sea cucumber is open year round in Federal 
waters. Any trawling for warty sea cucumber is closed for fishing in 
Federal waters from March 1 until June 14. Sea cucumber trawling is 
closed in the CHTG, which comprise California State waters not less 
than one nm from shore between Point Arguello and Point Mugu, from 
March 1 until June 15. Additional information regarding Federal area 
closures can be found at: https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/west-coast-groundfish-closed-areas.
    In California, trawl nets consist of either single-walled or 
double-walled cod ends deployed via a single or double rigged trawl 
vessel with mesh sizes ranging from 1.75-2.25 inches (4.5-5.7 cm). In 
Federal waters, trawl nets used to take California sea cucumber must 
follow a minimum allowable mesh size of 4.5 inches (11.4 cm). In the 
CHTG, use of ``light touch'' trawl gear is required.
    The California sea cucumber fishery is a limited entry fishery 
managed by the State of California with transferable permits. There are 
currently no catch limits, or other size/sex-based restrictions. 
Historically, it was viewed as an incidental species taken in the 
California halibut and ridgeback prawn trawl fisheries. When separate 
sea cucumber dive and trawl permits were established in 1997, a 
provision was created that allowed individuals purchasing a sea 
cucumber trawl permit to either keep the permit as a trawl permit or 
convert the permit into a dive permit. The conversion of a sea cucumber 
dive permit to a trawl permit is not permissible. The permit is tied to 
the operator, and there is a requirement to submit a daily trawl log.
WA/OR/CA Shrimp Trawl Fishery
    The Category III WA/OR/CA shrimp trawl fishery in all three U.S. 
West Coast states generally occurs in Federal waters (3-200 nm or 5.6-
370.4 km); however, there is a small amount of effort in Oregon state 
waters. The main target in the coastal fishery is pink shrimp, although 
other shrimp species such as ridgeback and golden prawns are landed as 
well. Pink shrimp are generally caught at depths of between 40-150 
fathoms (240-900 feet or 73.2-274.3 m) on sandy and muddy bottoms 
during daylight hours due to their vertical migration to the ocean 
floor during the day. The fishery is closed in all three states from 
November 1 through March 31. The main target in the coastal fishery in 
southern California south of

[[Page 55358]]

Point Conception is ridgeback prawn, and this species is caught at 
depths between 10-110 fathoms (60-660 ft or 18.3-201.2 m) on sandy and 
muddy bottoms. The fishery for ridgeback and golden prawns in southern 
California is closed from June 1 through September 31.
    Fishing effort also occurs in Puget Sound, Washington. The Puget 
Sound shrimp trawl focuses on northern pink shrimp in the Strait of 
Juan de Fuca. The main target species in the San Juan Islands are 
coonstripe shrimp, northern pink shrimp, and sidestripe shrimp, 
although humpback shrimp can compose a large portion of the catch in 
some years. The season generally takes place from May 1 through 
September 30 in the Strait of Juan de Fuca and from May 16 to October 
15 in the San Juan Islands. Trawling cannot occur in waters shallower 
than 100 feet (30.5 m) in Puget Sound.
    In California, Oregon, and Washington, benthic trawl gear is used. 
In Northern California, Oregon, and Washington, double rigged (i.e., 
having two otter trawl nets) vessels with semi-pelagic fine-meshed 
shrimp nets are used the majority of the time. In southern California, 
single rigged (one net) vessels are most common. The net contains a 
footrope (roller/ladder style) on average 25 feet (7.6 m) in length, 
configured in such a way that it is elevated above the sea floor at 1-3 
feet (0.3-0.9 m).
    A bycatch reduction device (BRD) consisting of either a rigid gate 
excluder (preferred) or a soft-panel excluder, along with footrope 
lighting devices, can be mandatory constituents of the gear 
configurations as well. The minimum mesh size for California shrimp and 
prawn trawl fisheries is 1 \3/8\ inches (3.5 cm) while it is 1 \1/2\ 
inches (3.8 cm) in Puget Sound. Only beam trawls are allowed in Puget 
Sound; in the Strait of Juan de Fuca, the maximum beam size is 60 feet 
(18.3 m), while the maximum beam size in the San Juan Islands is 25 
feet (7.6 m).
    The fishery is principally State-managed across the U.S West Coast, 
with different permitting, landing, and mesh size requirements 
depending upon location. California, Oregon, and Washington share 
mandatory Federal regulations limiting the take of eulachon, salmon and 
groundfish species that commonly occur as incidental catch. The coastal 
shrimp fishery requires a limited entry shrimp trawl fishery permit in 
all three respective states, except that the southern pink shrimp 
fishery (south of Pt. Conception) and ridgeback prawn fisheries are 
both open access fisheries. The States of Washington, Oregon, and 
California established a common season and a maximum count of 160 pink 
shrimp per pound (72 per kg) regulation to minimize regulatory 
conflict. Daily and monthly trip limits, logbooks, use of a vessel 
monitoring system, onboard observer coverage and area restrictions 
regarding groundfish essential fish habitat (EFH) is also mandatory.
    The harvest of shrimp in Puget Sound is co-managed by Washington 
State and the Puget Sound Treaty Tribes. The fishery is managed by 
emergency regulation and is permanently closed unless opened by 
emergency regulation. Fishing in the area requires a limited entry 
Puget Sound shrimp trawl license. Specific quotas are established each 
year for the Strait of Juan de Fuca and the San Juan Islands. State 
fishery observers are required on 10 percent of the commercial shrimp 
trawl trips in Puget Sound. BRDs to decrease bycatch of spot shrimp are 
not required, but are encouraged and utilized by some participating 
vessels. License holders must maintain shrimp beam trawl logbooks.
WA/OR/CA Groundfish Trawl Fishery
    The Category III WA/OR/CA groundfish trawl fishery occurs year 
round in Federal waters (3-200 nm or 5.6-370.4 km) off Washington, 
Oregon, and California. There are two sectors; namely the Pacific 
whiting (whiting) and non-Pacific whiting sector. The whiting sector 
generally targets whiting farther off the coast than other groundfish 
species. Fishing consists of catcher-processor vessels that catch and 
process whiting, whereas motherships receive whiting from other vessels 
and process it. Shore-side vessels catch and deliver whiting to a 
shore-side plant for processing.
    The non-whiting sector targets a variety of groundfish species, 
with the main and most profitable being sablefish, widow rockfish, 
yellowtail rockfish, thornyheads, Dover sole, petrale sole, and 
lingcod. The bulk of the biomass resulting from this fishery is caught 
off Oregon and Washington. Trawling is not allowed in Rockfish 
Conservation Areas (RCA), Cowcod Conservation Areas, and EFH designated 
areas.
    Trawl gear is a cone or funnel-shaped net either towed through the 
water column or drawn over the ocean floor by the vessel. Two types of 
trawl gear are used in this fishery: midwater and bottom trawl nets. 
The gear used to target whiting is midwater trawl nets. In the non- 
whiting sector, midwater trawl and bottom trawl nets are used to target 
groundfish. Midwater trawl gear is primarily used to target widow and 
yellowtail rockfish, while bottom trawlers typically target sablefish, 
Dover sole, thornyheads and other flatfish species.
    Large footrope gear with a diameter larger than eight inches (20.3 
cm) allows bottom trawlers to access rockier areas by bouncing the 
bottom of the trawl net over larger obstructions without tearing. Small 
footrope gear with a diameter of eight inches (20.3 cm) or smaller is 
also used on bottom trawls. Pelagic trawl gear has unprotected footrope 
gear that is not encircled with chains, rollers, bobbins, or other 
material. Bottom trawl nets are required to have a minimum mesh size of 
4\1/2\ inches (11.4 cm), and pelagic trawl nets are required to have a 
minimum mesh size of 3 inches (7.6 cm).
    The fishery is jointly managed by NMFS and U.S. West Coast states 
through the PFMC. There also exists a bilateral Pacific Whiting 
Agreement between the U.S. and Canada for managing the Pacific whiting 
coastal stock. A transferable, limited entry west coast trawl permit 
known as a ``Catch Shares'' permit that involves an Individual Fishery 
Quota system, is required in order to participate in this fishery. 
Federal observer coverage, logbooks, and vessel monitoring systems are 
mandatory.
    All U.S. commercial fishing vessels are required to have permits 
from the appropriate state agency in order to land groundfish in 
Washington, Oregon, and California. The use of bottom trawl footrope 
gear with a footrope diameter larger than 19 inches (48.3 cm) is 
prohibited. Only small footrope gear is allowed shoreward of a line 
approximating the 100 fathom (600 ft or 182.9m) depth contour, which is 
intended to reduce trawl access to newly-designated overfished species 
and their rockier habitats. States may implement parallel measures 
within their state waters (0-3 nm or 0-5.6 km).
WA/OR/CA Hagfish Pot Fishery
    The Category III WA/OR/CA hagfish pot fishery targets Pacific 
hagfish and black hagfish. Even though hagfish generally occur as 
shallow as 9 fathoms (54 ft or 16.5 m), hagfish are found across most 
of the outer continental slope in marketable quantities. Hagfish are 
generally found in muddy substrate, but may occupy a variety of bottom 
types.
    In Washington, the fishery is open year round in Pacific Ocean 
waters only, and effort is prohibited in waters less than 50 fathoms 
(300 ft or 91.4 m). In Oregon, the fishery is open year round, and 
there is no depth limit at which the

[[Page 55359]]

fish may be targeted. The ports with the most landings are on the south 
coast of Oregon. The fishery peaks during spring and fall, with less 
effort during the winter. In California, the fishery is open year 
round, but similar to Oregon it peaks during the spring and fall with 
less effort in the winter due to poor weather and fishermen 
participating in the Dungeness crab fishery. There is no depth limit to 
where the fish may be targeted, but high hagfish densities are 
generally located in deeper waters. Effort occurs statewide from 
southern California to northern California.
    The gear consists mostly of high-volume buckets (5 gallon or 18.9 
liters) or barrel gear (large plastic drums with removable ends), 
although Korean-style traps are also used. Korean-style traps are small 
and tubular traps with little volume; as a result, hundreds are needed 
to achieve a marketable yield. All traps consist of an opening 
(entrance tunnel), with some states requiring specified dimensions, a 
cavity drilled with a number of smaller holes (dewatering and escape 
holes), and at least one escape exit, with some states requiring 
specified dimensions.
    In Washington, no more than a 100 barrels or buckets are used at 
any one time. They can be set individually or strung together by a 
common ground line. The entrance tunnel is no larger than 11 inches\2\ 
(71.0 cm\2\) and can be any shape. There must be at least one escape 
exit that has an opening of no less than 9\1/2\ inches\2\ (61.3 cm\2\). 
The gear is marked with buoys equipped with a pole, flag, radar 
reflector and a light. When ground lines are used, the end marker buoys 
display the identification number of the permittee and the number of 
pots on the ground line.
    In Oregon, fishermen use barrel gear, setting up to 200 barrels. 
There is no minimum size requirement for the escape hole, but the use 
of a hole with \5/8\ inch (1.6 cm) in diameter is nearly universal. A 
groundline with 10-25 barrels is set and soaked for 4 or more hours. 
The biodegradable opening has a minimum diameter of 3 inches (7.6 cm).
    In California, fishermen can use (gear limited per vessel) 25 
barrels, 200 buckets, or 500 Korean-style traps, but never a 
combination of gear types. The escape holes are at least 9/16 inches 
(1.4 cm) in diameter to allow smaller hagfish to escape. Barrels are 45 
inches (114.3 cm) long and the diameter is 25 inches (63.5 cm) or less. 
Barrels may be attached to a maximum of three groundlines. There is no 
limitation on the number of bucket groundlines. Marking buoys must have 
the fisherman's commercial license number and vessel commercial 
registration number.
    In Washington, the fishery is open access managed as a trial 
fishery under the state's Emerging Commercial Fishery Act requiring an 
emerging commercial fishery license and a hagfish pot trial fishery 
permit. There is no limit to the amount of hagfish that can be landed, 
although no incidental catch of other species is allowed. Fishermen 
must notify the state 24 hours in advance of landing for dockside 
sampling, and must submit logbooks once a month.
    In Oregon, the fishery is a state-managed open access fishery 
requiring a hagfish permit and submission of logbooks quarterly. An 
annual harvest guideline of 1.6 million pounds (726,000 kg) exists for 
the state, which could trigger additional management measures.
    In CA, the fishery is a state-managed open access fishery requiring 
a general trap permit for all participants. Logbooks are not required.
    WA/OR Shrimp Pot/Trap Fishery
    The Category III WA/OR shrimp pot/trap fishery targets coonstripe 
shrimp and spot shrimp in both Oregon and Washington. However, humpback 
and pink shrimp are also targeted to a lesser degree in Washington. 
Shrimp pot fishing in Oregon, which primarily takes place near the 
Oregon/Washington border, is allowed year round although most landings 
occur in the spring and summer months. Limited fishing effort in 
southern Oregon has only recently developed in the last few years.
    Shrimp pot fishing in Washington (generally divided into a spot 
shrimp and non-spot shrimp pot fishery) is managed as separate 
fisheries with the coastal Washington shrimp pot fishery west of the 
Bonilla-Tatoosh line and the Puget Sound fishery east of the Bonilla-
Tatoosh line. Coastal shrimp pot fishing generally occurs 20-40 miles 
(37.0-74.1 km) offshore at depths of 70 to 100 fathoms (420-600 ft or 
128.0-182.9 m). Puget Sound is divided into 6 management regions. 
Commercial fishing in Puget Sound can only commence once the 
recreational seasons have ended, generally running from early July 
through September. Effort is concentrated in the Strait of Juan de Fuca 
and near the San Juan Islands for both spot shrimp and non-spot shrimp, 
but a limited amount of fishing also occurs in Central Puget Sound.
    In Oregon, traps are tapered and circular in shape, with a \1/2\-
inch (1.3 cm) square cord mesh over a steel frame 39 inch (99.1 cm) 
diameter and 16 inches (40.6 cm) tall. The entrance tunnels must be 
between 1.5 and 3 inches (3.8 and 7.6 cm) at the widest point. The law 
requires a destructive device on traps that degrades rapidly enough to 
facilitate escape of a substantial proportion of all species confined 
in the trap from any trap that cannot be raised. The typical 
configuration involves a set of 10-15 traps connected to a long line 
weighted at both ends and marked with a polyball or flagpole. In Oregon 
and coastal Washington, each terminal end must be marked with a pole, 
flag, light, radar reflector, and a buoy showing clear identification 
of the owner or operator.
    In coastal Washington, pots/traps cannot have a bottom perimeter 
greater than 153 inches (12.85 ft or 3.9 m) or a height greater than 24 
inches (61.0 cm). The minimum mesh size is \7/8\ inch (2.2 cm). All 
pots are required to have an escape mechanism. A string of up to 50 
pots is typical. The pots are left to soak for a minimum of 24 hours. 
In Puget Sound, the maximum pot perimeter is 10 feet (3.0 m) and a 
maximum height of 18 inches (45.7 cm). The minimum mesh size is \1/2\ 
inch (1.3 cm), although a 1\1/8\ inch (2.9 cm) stretch measure is 
allowable for flexible mesh pots, and shrimp pot buoys are required to 
be orange.
    In Oregon, the shrimp pot fishery is an open access permit fishery 
with minimum landing size requirements and obligations to retain and 
land all target species, along with mandatory logbook reporting. There 
are no individual or total landing quotas.
    In Washington, shrimp pot fisheries are limited entry fisheries, 
but permits are transferable. There are annual harvest quotas and 
regional harvest shares established annually through co-management 
agreements with Tribes and recreational fishermen. Minimum landing size 
requirements, landing obligations, and logbook reporting are required. 
In Puget Sound, the fishery is managed through individual quotas for 
each license and with biweekly quotas for each area. Individuals cannot 
hold more than two licenses. Each license allows the designated vessel 
to fish with a maximum of 100 pots per area.
WA Puget Sound Dungeness Crab Pot/Trap Fishery
    The Category III WA Puget Sound Dungeness crab pot/trap fishery 
effort takes place in inland waters typically less than 20 fathoms (120 
ft or 36.6 m) throughout the Salish Sea. Commercial Dungeness crab 
fishing is allowed in the Strait of Juan de Fuca, San Juan Islands, and 
northern Puget Sound to Point Edwards. Fishing is not allowed in 
central and southern Puget Sound. The fishery generally runs from 
October 1st

[[Page 55360]]

through April 15th each year, although the duration of each season can 
vary depending on a number of factors.
    Fishermen may use crab pots or crab ring nets; however, most 
participants use pots. Crab pots can have a maximum volume of 13 cubic 
feet (368.1 liters). The pots consist of two or more escape rings or 
ports of at least 4\1/4\ inches (10.8 cm) inside diameter, located in 
the upper half of the pot. The pots are set individually and not 
connected to one another. Each pot is required to have a pot tag 
attached and a buoy tag attached to the buoy. Each pot tag must be 
permanently marked with the license owner's name or license number and 
telephone number. The buoys may not be both red and white to ensure 
that commercial and recreational buoys can be distinguished 
(recreational crab buoys are white and red). Buoys used to mark pots 
have to be able to float at least 5 pounds (2.3 kg).
    The Puget Sound Dungeness crab pot/trap fishery is a limited entry 
fishery. Fishermen may hold more than one license, and current license 
holders may transfer an existing license to a new party. Up to three 
licenses can be stacked on a single designated vessel. Each Puget Sound 
Dungeness crab license has a maximum limit of 100 pots or ring nets. 
Individual areas within the Salish Sea have a maximum number of pots 
allowed per license. Puget Sound crab harvest is co-managed by the 
State of Washington and the Treaty Tribes.
CA Nearshore Finfish Trap Fishery
    The Category III CA nearshore finfish trap fishery targets 
nearshore species (cabezon, California sheephead, greenlings, and 
black, blue, brown, calico, China, copper, gopher, grass, kelp, olive, 
quillback, and treefish rockfishes) statewide using pot gear in shallow 
depths from 5-30 fathoms (30-180 ft or 9.1-54.9 m), usually within 
state waters. Because these species are caught for the live fish 
market, the gear is closely monitored with fishermen checking their 
gear every few hours to ensure quality product.
    Pots used in the nearshore fishery vary and may be the same pots 
used in other fisheries (e.g., rock crab, CA spiny lobster, spot 
prawn). Finfish pots have a minimum mesh size of 2 x 2 inches (5.1 x 
5.1 cm) and range in size from 2-3 feet (0.6-0.9 m) on a side and 1-2 
feet (0.3-0.6 m) high. Fishermen targeting nearshore species are 
limited to 50 traps within state waters along the mainland shore. 
Finfish pots cannot be fished during the period from one hour after 
sunset to one hour before sunrise. Whether pots are used individually 
or in a string, it is mandatory that the surface end(s) be marked with 
a buoy. The buoy is marked with the commercial fishing license 
identification number followed by the letter ``Z''.
    California's nearshore fishery is managed under the state's 
Nearshore Fishery Management Plan (NFMP) as well as the Federal Pacific 
Coast Groundfish Management Plan and uses pots as well as hook and line 
gears in state waters. In addition to a state commercial fishing 
license, a regional Nearshore Fishery Permit or Deeper Nearshore 
Species Fishery Permit is required, as is a General Trap Permit and 
regional Nearshore Fishery trap endorsement (no trap endorsement is 
required for taking, blue, black, brown, calico, copper, olive, 
quillback and treefish rockfish). Most nearshore fishermen operate 
under the Open Access sector of the Federal groundfish fishery, 
although some have limited entry permits. Prior to 2021, the commercial 
fishery was closed in March/April, but became year round in 2021.

Number of Vessels/Persons

    NMFS proposes to update the estimated number of vessels/persons in 
the Pacific Ocean (Table 1) as follows:
Category I
     HI deep-set longline fishery from 143 to 150 vessels/
persons;
Category II
     HI shallow-set longline fishery from 11 to 14 vessels/
persons;
     American Samoa longline fishery from 13 to 18 vessels/
persons;
     HI shortline fishery from 5 to 11 vessels/persons;
Category III
     HI inshore gillnet fishery from 29 to 27 vessels/persons;
     HI lift net fishery from 15 to 14 vessels/persons;
     HI throw net, cast net fishery from 15 to 16 vessels/
persons;
     HI seine net fishery from 17 to 16 vessels/persons;
     American Samoa tuna troll from 13 to 3 vessels/persons;
     HI troll fishery from 1,380 to 1,293 vessels/persons;
     HI rod and reel fishery from 237 to 246 vessels/persons;
     Commonwealth of the Northern Mariana Islands tuna troll 
fishery from 40 to 9 vessels/persons;
     Guam tuna troll fishery from 398 to 465 vessels/persons;
     HI kaka line fishery from 5 to 6 vessels/persons;
     HI vertical line fishery from none recorded to 5 vessels/
persons;
     HI crab trap fishery from 4 to 3 vessels/persons;
     HI lobster trap fishery from none recorded to less than 3 
vessels/persons;
     HI crab net fishery from none recorded to 3 vessels/
persons;
     HI kona crab loop net fishery from 20 to 24 vessels/
persons;
     American Samoa bottomfish handline fishery from 9 to 6 
vessels/persons;
     Commonwealth of the Northern Mariana Islands bottomfish 
fishery from 11 to 12 vessels/persons;
     Guam bottomfish fishery from 67 to 84 vessels/persons;
     HI bottomfish handline fishery from 385 to 404 vessels/
persons;
     HI inshore handline fishery from 206 to 192 vessels/
persons;
     HI pelagic handline fishery from 300 to 311 vessels/
persons;
     HI bullpen trap fishery from none recorded to less than 3 
vessels/persons;
     HI black coral diving fishery from none recorded to less 
than 3 vessels/persons;
     HI handpick fishery from 25 to 28 vessels/persons;
     HI lobster diving fishery from 12 to 10 vessels/persons;
     HI spearfishing fishery from 82 to 79 vessels/persons;
     CA nearshore finfish trap from 93 to 42 vessels/persons; 
and
     HI aquarium collecting fishery from 34 to 39 vessels/
persons.

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

    NMFS corrects an administrative error and proposes to add the HI 
stock of fin whale and Guadalupe fur seal to the list of species/stocks 
incidentally killed or injured in the Category II HI shallow-set 
longline fishery. Both stocks were added to the list of species/stocks 
incidentally killed or injured in the Category II Western Pacific 
Pelagic longline fishery (HI shallow-set component) in the 2018 LOF. 
The Western Pacific Pelagic longline fishery (HI shallow-set component) 
is a component of the Category II HI shallow-set longline fishery. As 
noted in Table 3, 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. Therefore, NMFS proposes to add the two 
stocks to the U.S. waters component of the fishery, the Category II HI 
shallow-set longline fishery.

[[Page 55361]]

    NMFS proposes to add the CA breeding stock of Northern elephant 
seal to the list of species/stocks incidentally killed or injured in 
the Category II CA Dungeness crab pot fishery. In 2020, a mummified 
northern elephant seal in California was reported entangled with lines 
that included a red plastic CA Dungeness crab buoy tag (Carretta et 
al., 2022).
    NMFS proposes to add the Western U.S. stock of Steller sea lion to 
the list of species/stocks incidentally killed or injured in the 
Category II AK Gulf of Alaska sablefish longline fishery based on two 
observed mortalities in 2019 (Freed et al., 2021).
    NMFS proposes to add the North Pacific stock of Pacific white-sided 
dolphin to the list of species/stocks incidentally killed or injured in 
the Category II AK Bering Sea Aleutian Islands pollock trawl fishery 
based on two observed mortalities in 2019 (Freed et al., 2021).
    NMFS proposes to remove the Central North Pacific stock of humpback 
whale from the list of species/stocks incidentally killed or injured in 
the Category I HI deep-set longline fishery. From 2015-2019, there have 
been no reported or observed M/SI within the EEZ in the HI deep-set 
longline fishery (Carretta et al., 2022).
    NMFS proposes to remove the unknown stock of short-finned pilot 
whale from the list of species/stocks incidentally killed or injured in 
the Category II American Samoa longline fishery. From 2015-2019, there 
have been no reported or observed M/SI in the American Samoa longline 
fishery (Carretta et al., 2022).
    NMFS proposes to revise marine mammal stock names on the list of 
species/stocks incidentally killed or injured for consistency with the 
current stock names in the SARs as follows:
Category II AK Bristol Bay Salmon Drift Gillnet Fishery
     Spotted seal, AK to spotted seal, Bering;
Category II AK Bristol Bay Salmon Set Gillnet Fishery
     Harbor seal, Bering Sea to harbor seal, Bristol Bay; and
     Spotted seal, AK to spotted seal, Bering.
    Following consultation with the U.S. Fish and Wildlife Service, 
NMFS also proposes to revise marine mammal stock names on the list of 
species/stocks incidentally killed or injured for consistency with the 
current stock names in the SARs as follows:
Category II CA Halibut/White Seabass and Other Species Set Gillnet 
(>3.5 in Mesh) Fishery
     Sea otter, CA to southern sea otter, CA;
Category II AK Kodiak Salmon Set Gillnet Fishery
     Sea otter, Southwest AK to northern sea otter, Southwest 
AK;
Category II AK Cook Inlet Salmon Set Gillnet Fishery
     Sea otter, South central AK to northern sea otter, South 
Central AK;
     Category II AK Prince William Sound salmon drift gillnet 
fishery Sea otter, South Central AK to northern sea otter, South 
Central AK;
Category II CA Spiny Lobster Fishery
     Southern sea otter to southern sea otter, CA, and
Category III AK Prince William Sound Salmon Set Gillnet Fishery
     Sea otter, South central AK to northern sea otter, South 
Central AK.

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

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

    NMFS proposes to add the MS Sound, Lake Borgne, Bay Boudreau stock 
of bottlenose dolphin to the list of species/stocks incidentally killed 
or injured in the Category II Gulf of Mexico gillnet fishery. In 2015 
and 2016, two dead stranded dolphins from the MS Sound, Lake Borgne, 
Bay Boudreau stock were recovered with gillnet gear markings (Hayes et 
al., 2022). Both animals were recovered on an Alabama coastline where 
only commercial gillnets have access to the surrounding Gulf waters, 
and recreational gillnets are prohibited.
    NMFS proposes to add the Barataria Bay Estuarine System (BBES) 
stock of bottlenose dolphin to the list of species/stocks incidentally 
killed or injured in the Category II Southeastern U.S. Atlantic, Gulf 
of Mexico shrimp trawl fishery. In 2015, chaffing gear from a 
commercial shrimp trawl was recovered in a stranded dolphin carcass. 
The dolphin likely ingested the gear while removing gilled fish that 
were caught in the trawl net. This animal was ascribed to both the BBES 
and Western Coastal stocks (Hayes et al., 2022).
    NMFS proposes to add both the Caloosahatchee River and Waccasassa 
Bay, Withlacoochee Bay, Crystal Bay stocks of bottlenose dolphin to the 
list of species/stocks incidentally killed or injured in the Category 
III Gulf of Mexico blue crab trap/pot fishery based on two serious 
injuries and one mortality. In 2019, a seriously injured dolphin 
(Callosahatchee River stock) was disentangled from commercial blue crab 
trap/pot gear and released alive. In addition, during 2017, one 
mortality (Callosahatchee River stock) occurred due to entanglement in 
commercial blue crab trap/pot gear (Hayes et al., 2022). Also in 2017, 
a dolphin (Waccasassa Bay, Withlacoochee Bay, Crystal Bay stock) was 
seriously injured due to entanglement in commercial blue crab trap/pot 
gear (Hayes et al., 2022).
    NMFS proposes to add the Galveston Bay, East Bay, Trinity Bay stock 
of bottlenose dolphin to the list of species/stocks incidentally killed 
or injured in the Category III U.S. Atlantic, Gulf of Mexico trotline 
fishery. In 2018, a female dolphin observed with a young calf died due 
to an entanglement in trotline gear (Hayes et al., 2022).
    NMFS corrects an administrative error and proposes to remove the 
Northern Gulf of Mexico coastal stock of bottlenose dolphin from the 
list of species/stocks incidentally killed or injured in the Category 
II Southeastern U.S. Atlantic, Gulf of Mexico stone crab fishery. Upon 
review of records, it appears this stock was erroneously added. There 
have been no documented mortalities or injuries of this stock in this 
fishery.
    NMFS corrects an administrative error and proposes to remove the 
Eastern Gulf of Mexico coastal stock of bottlenose dolphin from the 
list of species/stocks incidentally killed or injured in the Category 
III FL West Coast sardine purse seine fishery. Upon review of records, 
it appears this stock was erroneously added. There have been no 
documented mortalities or injuries of this stock in this fishery. The 
list of species/stocks incidentally killed or injured in this fishery 
is updated to state none documented.

Commercial Fisheries on the High Seas

Number of Vessels/Persons

    NMFS proposes to update the estimated number of HSFCA permits for 
high seas fisheries (Table 3) as follows:
Category I
     Atlantic highly migratory species longline fishery from 39 
to 30 HSFCA permits;
     Western Pacific pelagic (HI deep-set component) longline 
fishery from 143 to 150 HSFCA permits;

[[Page 55362]]

Category II
     Pacific highly migratory species drift gillnet fishery 
from 5 to 3 HSFCA permits;
     Atlantic highly migratory species trawl fishery from 1 to 
0 HSFCA permits;
     Western and Central Pacific Ocean tuna purse seine fishery 
from 20 to 34 HSFCA permits;
     Western Pacific pelagic purse seine fishery from 1 to 0 
HSFCA permits;
     South Pacific albacore troll longline fishery from 6 to 8 
HSFCA permits;
     Western Pacific pelagic (HI shallow-set component) 
longline fishery from 11 to 14 HSFCA permits;
     Atlantic highly migratory species handline/pole and line 
fishery from 1 to 0 HSFCA permits;
     Pacific highly migratory species handline/pole and line 
fishery from 44 to 45 HSFCA permits;
     South Pacific albacore troll handline/pole and line 
fishery from 9 to 7 HSFCA permits;
     Western Pacific pelagic handline/pole and line fishery 
from 5 to 1 HSFCA permits;
     South Pacific albacore troll fishery from 20 to 24 HSFCA 
permits;
     Western Pacific pelagic troll fishery from 6 to 7 HSFCA 
permits;
Category III
     Pacific highly migratory species longline fishery from 111 
to 127 HSFCA permits;
     Pacific highly migratory species purse seine fishery from 
5 to 2 HSFCA permits;
     Northwest Atlantic trawl fishery from 4 to 3 HSFCA 
permits; and
     Pacific highly migratory species troll fishery from 107 to 
93 HSFCA permits.

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

    NMFS corrects an administrative error and proposes to add the HI 
stock of rough-toothed dolphin to the list of species/stocks 
incidentally killed or injured in the Category I Western Pacific 
Pelagic longline fishery (HI deep-set component). The Western Pacific 
Pelagic longline fishery (HI deep-set component) is a component of the 
Category I HI deep-set longline fishery. As noted in Table 3, 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. The HI stock of rough-toothed dolphin is included on 
the list of species and/or stocks killed or injured Category I HI deep-
set longline fishery and therefore NMFS proposes to add the stock to in 
the high seas component (Category I Western Pacific Pelagic (HI deep-
set component) fishery).
    NMFS proposes to remove the Central North Pacific stock of humpback 
whale from the list of species/stocks incidentally killed or injured in 
the Category I Western Pacific Pelagic longline fishery (HI deep-set 
component). As noted in Table 3, 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. From 2015-2019, there 
have been no reported or observed M/SI within the EEZ in the HI deep-
set longline fishery (Carretta et al., 2022). Therefore, NMFS proposed 
to remove the stock from both the HI deep-set longline fishery and the 
Western Pacific Pelagic longline fishery (HI deep-set component).
    NMFS proposes to remove three stocks from the list of species/
stocks incidentally killed or injured in the Category II Western 
Pacific Pelagic longline fishery (HI shallow-set component). The three 
stocks are: (1) Ginkgo-toothed beaked whale, (2) CA breeding stock of 
Northern elephant seal and (3) CA/OR/WA stock of short-beaked common 
dolphin. From 2015-2019, there were no observed moralities or injuries 
of these stocks in the HI shallow-set component of the Western Pacific 
Pelagic longline fishery (Carretta et al., 2022).
    NMFS proposes to remove the unknown stock of humpback whale from 
the list of species/stocks incidentally killed or injured in the 
Category II Western and Central Pacific Ocean tuna purse seine fishery. 
From 2015-2019, there were no observed moralities or injuries of these 
stocks in the Western and Central Pacific Ocean tuna purse seine 
fishery (Carretta et al., 2022).
    NMFS proposes to revise the following marine mammal stock names to 
``unknown'' stock on the list of species/stocks incidentally killed or 
injured in the Category II Western and Central Pacific Ocean tuna purse 
seine fishery based on more recent observer data:

 Bottlenose dolphin, HI pelagic
 Bryde's whale, HI
 False killer whale, HI pelagic
 Fin whale, HI
 Long-beaked common dolphin, CA
 Minke whale, HI
 Pygmy killer whale, HI
 Sei whale, HI, and
 Sperm whale, HI.

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

[[Page 55363]]

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 2019. 
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
------------------------------------------------------------------------
                                                        Marine mammal
                               Estimated number of     species and/or
     Fishery description         vessels/ persons    stocks incidentally
                                                      killed or injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
Longline/Set Line Fisheries:
    HI deep-set longline *     150................  Bottlenose dolphin,
     [supcaret].                                     HI Pelagic.
                                                    False killer whale,
                                                     HI Pelagic.\1\
                                                    False killer whale,
                                                     MHI Insular.
                                                    False killer whale,
                                                     NWHI.
                                                    Kogia spp. (Pygmy or
                                                     dwarf sperm whale),
                                                     HI.
                                                    Risso's dolphin, HI.
                                                    Rough-toothed
                                                     dolphin, HI.
                                                    Short-finned pilot
                                                     whale, HI.
                                                    Striped dolphin, HI.
------------------------------------------------------------------------
                               CATEGORY II
------------------------------------------------------------------------
Gillnet Fisheries:
    CA thresher shark/         21.................  Bottlenose dolphin,
     swordfish drift gillnet                         CA/OR/WA offshore.
     (>=14 in mesh) *.                              California sea lion,
                                                     U.S.
                                                    Dall's porpoise, CA/
                                                     OR/WA.
                                                    Gray whale, Eastern
                                                     North Pacific.
                                                    Humpback whale, CA/
                                                     OR/WA.
                                                    Long-beaked common
                                                     dolphin, CA.
                                                    Minke whale, CA/OR/
                                                     WA.\1\
                                                    Northern elephant
                                                     seal, CA breeding.
                                                    Northern right-whale
                                                     dolphin, CA/OR/WA.
                                                    Pacific white-sided
                                                     dolphin, CA/OR/WA.
                                                    Risso's dolphin, CA/
                                                     OR/WA.
                                                    Short-beaked common
                                                     dolphin, CA/OR/WA.
                                                    Short-finned pilot
                                                     whale, CA/OR/WA.\1\
                                                    Sperm Whale, CA/OR/
                                                     WA.\1\
    CA halibut/white seabass   39.................  California sea lion,
     and other species set                           U.S.
     gillnet (>3.5 in mesh).                        Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, CA.
                                                    Humpback whale, CA/
                                                     OR/WA.\1\

[[Page 55364]]

 
                                                    Long-beaked common
                                                     dolphin, CA.
                                                    Northern elephant
                                                     seal, CA breeding.
                                                    Southern sea otter,
                                                     CA.
                                                    Short-beaked common
                                                     dolphin, CA/OR/WA.
    CA yellowtail, barracuda,  20.................  California sea lion,
     and white seabass drift                         U.S.
     gillnet (mesh size >=3.5                       Long-beaked common
     in and <14 in) \2\.                             dolphin, CA.
                                                    Short-beaked common
                                                     dolphin, CA/OR/WA.
    AK Bristol Bay salmon      1,862..............  Beluga whale,
     drift gillnet \2\.                              Bristol Bay.
                                                    Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, Bering
                                                     Sea.
                                                    Northern fur seal,
                                                     Eastern Pacific.
                                                    Pacific white-sided
                                                     dolphin, North
                                                     Pacific.
                                                    Spotted seal,
                                                     Bering.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Bristol Bay salmon set  979................  Beluga whale,
     gillnet \2\.                                    Bristol Bay.
                                                    Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, Bristol
                                                     Bay.
                                                    Northern fur seal,
                                                     Eastern Pacific.
                                                    Spotted seal,
                                                     Bering.
    AK Kodiak salmon set       188................  Harbor porpoise,
     gillnet.                                        GOA.\1\
                                                    Harbor seal, GOA.
                                                    Humpback whale,
                                                     Central North
                                                     Pacific.
                                                    Humpback whale,
                                                     Western North
                                                     Pacific.
                                                    Northern 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\
                                                    Northern sea otter,
                                                     South central AK.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Cook Inlet salmon       569................  Beluga whale, Cook
     drift gillnet.                                  Inlet.
                                                    Dall's porpoise, AK.
                                                    Harbor porpoise,
                                                     GOA.\1\
                                                    Harbor seal, GOA.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Peninsula/Aleutian      162................  Dall's porpoise, AK.
     Islands salmon drift
     gillnet \2\.
                                                    Harbor porpoise,
                                                     GOA.
                                                    Harbor seal, GOA.
                                                    Northern fur seal,
                                                     Eastern Pacific.
    AK Peninsula/Aleutian      113................  Harbor porpoise,
     Islands salmon set                              Bering Sea.
     gillnet \2\.
                                                    Northern sea otter,
                                                     Southwest AK.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Prince William Sound    537................  Dall's porpoise, AK.
     salmon drift gillnet.
                                                    Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor porpoise,
                                                     GOA.\1\
                                                    Harbor seal, Prince
                                                     William Sound.
                                                    Humpback whale,
                                                     Central North
                                                     Pacific.
                                                    Northern fur seal,
                                                     Eastern Pacific.
                                                    Pacific white-sided
                                                     dolphin, North
                                                     Pacific.
                                                    Northern sea otter,
                                                     South central AK.
                                                    Steller sea lion,
                                                     Western U.S.\1\
    AK Southeast salmon drift  474................  Dall's porpoise, AK.
     gillnet.
                                                    Harbor porpoise,
                                                     Southeast AK.
                                                    Harbor seal,
                                                     Southeast AK.
                                                    Humpback whale,
                                                     Central North
                                                     Pacific.\1\
                                                    Pacific white-sided
                                                     dolphin, North
                                                     Pacific.
                                                    Steller sea lion,
                                                     Eastern U.S.
    AK Yakutat salmon set      168................  Gray whale, Eastern
     gillnet \2\.                                    North Pacific.
                                                    Harbor Porpoise,
                                                     Southeastern AK.
                                                    Harbor seal,
                                                     Southeast AK.
                                                    Humpback whale,
                                                     Central North
                                                     Pacific (Southeast
                                                     AK).
    WA Puget Sound Region      136................  Dall's porpoise, CA/
     salmon drift gillnet                            OR/WA.
     (includes all inland                           Harbor porpoise,
     waters south of US-                             inland WA.\1\
     Canada border and                              Harbor seal, WA
     eastward of the Bonilla-                        inland.
     Tatoosh line-Treaty
     Indian fishing is
     excluded).
Trawl Fisheries:
    AK Bering Sea, Aleutian    32.................  Bearded seal,
     Islands flatfish trawl.                         Beringia.

[[Page 55365]]

 
                                                    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.
                                                    Pacific white-sided
                                                     dolphin, 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.
    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.
                                                    Northern elephant
                                                     seal, CA breeding.
    OR Dungeness crab pot....  323................  Gray whale, Eastern
                                                     North Pacific.
                                                    Humpback whale, CA/
                                                     OR/WA.\1\
    WA/OR/CA sablefish pot...  144................  Humpback whale, CA/
                                                     OR/WA.\1\
    WA coastal Dungeness crab  204................  Gray whale, Eastern
     pot.                                            North Pacific.
                                                    Humpback whale, CA/
                                                     OR/WA.\1\
Longline/Set Line Fisheries:
    AK Gulf of Alaska          295................  Northern elephant
     sablefish longline.                             seal, California.
                                                    Sperm whale, North
                                                     Pacific.
                                                    Steller sea lion,
                                                     Eastern U.S.
                                                    Steller sea lion,
                                                     Western U.S.
    HI shallow-set longline *  14.................  Bottlenose dolphin,
     [supcaret].                                     HI Pelagic.
                                                    False killer whale,
                                                     HI Pelagic.\1\
                                                    Fin whale, HI.
                                                    Guadalupe fur seal.
                                                    Humpback whale,
                                                     Central North
                                                     Pacific.
                                                    Risso's dolphin, HI.
                                                    Striped dolphin, HI.
    American Samoa longline    18.................  False killer whale,
     \2\.                                            American Samoa.
                                                    Rough-toothed
                                                     dolphin, American
                                                     Samoa.
                                                    Striped dolphin,
                                                     unknown.
    HI shortline \2\.........  11.................  None documented.
Marine Aquaculture Fisheries:
HI offshore pen culture......  1..................  Hawaiian monk seal.
------------------------------------------------------------------------
                              CATEGORY III
------------------------------------------------------------------------
Gillnet Fisheries:
    AK Kuskokwim, Yukon,       1,778..............  Harbor porpoise,
     Norton Sound, Kotzebue                          Bering Sea.
     salmon gillnet.

[[Page 55366]]

 
    AK Prince William Sound    29.................  Harbor seal, GOA.
     salmon set gillnet.
                                                    Northern sea otter,
                                                     South central AK.
                                                    Steller sea lion,
                                                     Western U.S.
    AK roe herring and food/   920................  None documented.
     bait herring gillnet.
    CA herring set gillnet...  11.................  None documented.
    HI inshore gillnet.......  27.................  Bottlenose dolphin,
                                                     HI.
                                                    Spinner dolphin, HI.
    WA Grays Harbor salmon     19.................  Harbor seal, OR/WA
     drift gillnet (excluding                        coast.
     treaty Tribal fishing).
    WA/OR Mainstem Columbia    10.................  None documented.
     River eulachon gillnet.
    WA/OR lower Columbia       244................  California sea lion,
     River (includes                                 U.S.
     tributaries) drift                             Harbor seal, OR/WA
     gillnet.                                        coast.
    WA Willapa Bay drift       57.................  Harbor seal, OR/WA
     gillnet.                                        coast.
                                                    Northern elephant
                                                     seal, CA breeding.
Miscellaneous Net Fisheries:
    AK Cook Inlet salmon       83.................  Humpback whale,
     purse seine.                                    Central North
                                                     Pacific.
    AK Kodiak salmon purse     376................  Dall's porpoise, AK.
     seine.
                                                    Harbor seal, North
                                                     Kodiak.
                                                    Humpback whale,
                                                     Central North
                                                     Pacific.
                                                    Humpback whale,
                                                     Western North
                                                     Pacific.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Southeast salmon purse  315................  Humpback whale,
     seine.                                          Central North
                                                     Pacific.
    AK roe herring and food/   10.................  None documented.
     bait herring beach seine.
    AK roe herring and food/   356................  None documented.
     bait herring purse seine.
    AK salmon beach seine....  31.................  None documented.
    AK salmon purse seine      936................  Harbor seal, GOA.
     (Prince William Sound,
     Chignik, Alaska
     Peninsula).
                                                    Harbor seal, Prince
                                                     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       1..................  None documented.
     River salmon seine.
    WA/OR herring, anchovy,    41.................  None documented.
     smelt, squid purse seine
     or lampara.
    WA salmon seine..........  81.................  None documented.
    WA salmon reef net.......  11.................  None documented.
    HI lift net..............  14.................  None documented.
    HI inshore purse seine...  None recorded......  None documented.
    HI throw net, cast net...  16.................  None documented.
    HI seine net.............  16.................  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.
    WA salmon net pens.......  14.................  California sea lion,
                                                     U.S. Harbor seal,
                                                     WA inland waters.
    WA/OR shellfish            23.................  None documented.
     aquaculture.
Troll Fisheries:
    WA/OR/CA albacore surface  556................  None documented.
     hook and line/troll.
    CA halibut, white          388................  None documented.
     seabass, and yellowtail
     hook and line/handline.
    CA/OR/WA non-albacore HMS  124................  None documented.
     hook and line.
    AK Bering Sea, Aleutian    unknown............  None documented.
     Islands groundfish hand
     troll and dinglebar
     troll.
    AK Gulf of Alaska          unknown............  None documented.
     groundfish hand troll
     and dinglebar troll.
    AK salmon troll..........  1,908..............  Steller sea lion,
                                                     Eastern U.S.
                                                     Steller sea lion,
                                                     Western U.S.
    American Samoa tuna troll  3..................  None documented.
    CA/OR/WA salmon troll....  1,030..............  None documented.
    HI troll.................  1,293..............  Pantropical spotted
                                                     dolphin, HI.
    HI rod and reel..........  246................  None documented.
    Commonwealth of the        9..................  None documented.
     Northern Mariana Islands
     tuna troll.
    Guam tuna troll..........  465................  None documented.
Longline/Set Line Fisheries:

[[Page 55367]]

 
    AK Bering Sea, Aleutian    4..................  Killer whale, GOA,
     Islands Greenland turbot                        AI, BS transient.
     longline.
    AK Bering Sea, Aleutian    45.................  Northern fur seal,
     Islands Pacific cod                             Eastern Pacific.
     longline.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Bering Sea, Aleutian    22.................  None documented.
     Islands sablefish
     longline.
    AK Bering Sea, Aleutian    127................  Northern fur seal,
     Islands halibut longline.                       Eastern Pacific.
                                                    Sperm whale, North
                                                     Pacific.
    AK Gulf of Alaska halibut  855................  Harbor seal,
     longline.                                       Clarence Strait.
                                                    Harbor seal, Cook
                                                     Inlet.
                                                    Steller sea lion,
                                                     Eastern U.S.
    AK Gulf of Alaska Pacific  92.................  Harbor seal, Cook
     cod longline.                                   Inlet/Shelikof
                                                     Strait.
                                                    Steller sea lion,
                                                     Western U.S.
    AK octopus/squid longline  3..................  None documented.
    AK state-managed waters    464................  None documented.
     longline/setline
     (including sablefish,
     rockfish, lingcod, and
     miscellaneous finfish).
    WA/OR/CA groundfish,       314................  Bottlenose dolphin,
     bottomfish longline/set                         CA/OR/WA offshore.
     line.                                          California sea lion,
                                                     U.S.
                                                    Northern elephant
                                                     seal, California
                                                     breeding.
                                                    Sperm whale, CA/OR/
                                                     WA.
                                                    Steller sea lion,
                                                     Eastern U.S.
    WA/OR/CA Pacific halibut   130................  None documented.
     longline.
    West Coast pelagic         4..................  None documented in
     longline.                                       the most recent 5
                                                     years of data.
    HI kaka line.............  6..................  None documented.
    HI vertical line.........  5..................  None documented.
Trawl Fisheries:
    AK Bering Sea, Aleutian    13.................  Harbor seal,
     Islands Atka mackerel                           Aleutian Islands.
     trawl.                                         Northern elephant
                                                     seal, California.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Bering Sea, Aleutian    72.................  Bearded seal, AK.
     Islands Pacific cod                            Ribbon seal.
     trawl.                                         Steller sea lion,
                                                     Western U.S.
    AK Bering Sea, Aleutian    17.................  Harbor seal,
     Islands rockfish trawl.                         Aleutian Islands.
                                                    Ribbon seal.
    AK Gulf of Alaska          36.................  Harbor seal, Cook
     flatfish trawl.                                 Inlet/Shelikof
                                                     Strait.
                                                    Harbor seal, North
                                                     Kodiak.
                                                    Harbor seal, South
                                                     Kodiak.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Gulf of Alaska Pacific  55.................  Steller sea lion,
     cod trawl.                                      Western U.S.
    AK Gulf of Alaska pollock  67.................  Steller sea lion,
     trawl.                                          Western U.S.
    AK Gulf of Alaska          43.................  Steller sea lion,
     rockfish trawl.                                 Western U.S.
    AK Kodiak food/bait        4..................  None documented.
     herring otter trawl.
    AK shrimp otter trawl and  38.................  None documented.
     beam trawl.
    AK state-managed waters    2..................  None documented.
     of Prince William Sound
     groundfish trawl.
    CA halibut bottom trawl..  23.................  California sea lion,
                                                     U.S.
                                                    Harbor porpoise,
                                                     unknown.
                                                    Harbor seal,
                                                     unknown.
                                                    Northern elephant
                                                     seal, CA breeding.
                                                    Steller sea lion,
                                                     unknown.
    CA sea cucumber trawl....  11.................  None documented.
    WA/OR/CA shrimp trawl....  130................  California sea lion,
                                                     U.S.
    WA/OR/CA groundfish trawl  118................  California sea lion,
                                                     U.S.
                                                    Dall's porpoise, CA/
                                                     OR/WA.
                                                    Harbor seal, OR/WA
                                                     coast.
                                                    Northern elephant
                                                     seal, CA breeding.
                                                    Northern fur seal,
                                                     Eastern Pacific.
                                                    Northern right whale
                                                     dolphin, CA/OR/WA.
                                                    Pacific white-sided
                                                     dolphin, CA/OR/WA.
                                                    Steller sea lion,
                                                     Eastern U.S.
Pot, Ring Net, and Trap
 Fisheries:
    AK Bering Sea, Aleutian    6..................  Sperm whale, North
     Islands sablefish pot.                          Pacific.
    AK Bering Sea, Aleutian    540................  Bowhead whale,
     Islands crab pot.                               Western Arctic.
                                                    Gray whale, Eastern
                                                     North Pacific.
    AK Gulf of Alaska crab     271................  None documented.
     pot.
    AK Gulf of Alaska Pacific  116................  None documented in
     cod pot.                                        most recent 5 years
                                                     of data.
    AK Gulf of Alaska          248................  None documented.
     sablefish pot.
    AK Southeast Alaska crab   375................  Humpback whale,
     pot.                                            Central North
                                                     Pacific (Southeast
                                                     AK).
    AK Southeast Alaska        99.................  Humpback whale,
     shrimp pot.                                     Central North
                                                     Pacific (Southeast
                                                     AK).
    AK shrimp pot, except      141................  None documented.
     Southeast.
    AK octopus/squid pot.....  15.................  None documented.

[[Page 55368]]

 
    CA rock crab pot.........  113................  Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, CA.
    CA Tanner crab pot         1..................  None documented.
     fishery.
    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.............  3..................  Humpback whale,
                                                     Central North
                                                     Pacific.
    HI fish trap.............  4..................  None documented.
    HI lobster trap..........  Less than 3........  None documented in
                                                     recent years.
    HI shrimp trap...........  3..................  None documented.
    HI crab net..............  3..................  None documented.
    HI Kona crab loop net....  24.................  None documented.
Hook and Line, Handline, and
 Jig Fisheries:
    AK Bering Sea, Aleutian    2..................  None documented.
     Islands groundfish jig.
    AK Gulf of Alaska          214................  None documented in
     groundfish jig.                                 most recent 5 years
                                                     of data.
    AK halibut jig...........  71.................  None documented.
    American Samoa bottomfish  6..................  None documented.
    Commonwealth of the        12.................  None documented.
     Northern Mariana Islands
     bottomfish.
    Guam bottomfish..........  84.................  None documented.
    HI aku boat, pole, and     None recorded......  None documented.
     line.
    HI bottomfish handline...  404................  None documented in
                                                     recent years.
    HI inshore handline......  192................  None documented.
    HI pelagic handline......  311................  None documented.
    WA/OR/CA groundfish/       689................  California sea lion,
     finfish hook and line.                          U.S.
    Western Pacific squid jig  0..................  None documented.
Harpoon Fisheries:
    CA swordfish harpoon.....  21.................  None documented.
Pound Net/Weir Fisheries:
    AK herring spawn on kelp   291................  None documented.
     pound net.
    AK Southeast herring roe/  2..................  None documented.
     food/bait pound net.
    HI bullpen trap..........  Less than 3........  None documented.
Bait Pens:
    WA/OR/CA bait pens.......  13.................  California sea lion,
                                                     U.S.
Dredge Fisheries:
    AK scallop dredge........  108 (5 AK).........  None documented.
Dive, Hand/Mechanical
 Collection Fisheries:
    AK clam..................  130................  None documented.
    AK Dungeness crab........  2..................  None documented.
    AK herring spawn on kelp.  266................  None documented.
    AK miscellaneous           214................  None documented.
     invertebrates handpick.
    CA/OR/WA dive collection.  186................  None documented.
    CA/WA kelp, seaweed and    4..................  None documented.
     algae.
    HI black coral diving....  Less than 3........  None documented.
    HI fish pond.............  None recorded......  None documented.
    HI handpick..............  28.................  None documented.
    HI lobster diving........  10.................  None documented.
    HI spearfishing..........  79.................  None documented.
    WA/OR/CA hand/mechanical   320................  None documented.
     collection.
Commercial Passenger Fishing
 Vessel (Charter Boat)
 Fisheries:
    AK/WA/OR/CA commercial     >7,000 (1,006 AK)..  Humpback whale,
     passenger fishing vessel.                       Central North
                                                     Pacific.
                                                    Humpback whale,
                                                     Western North
                                                     Pacific.
                                                    Killer whale,
                                                     unknown.
                                                    Steller sea lion,
                                                     Eastern U.S.
                                                    Steller sea lion,
                                                     Western U.S.
Live Finfish/Shellfish
 Fisheries:
    CA nearshore finfish trap  42.................  None documented.
    HI aquarium collecting...  39.................  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.


[[Page 55369]]


 Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
                      Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
                                                        Marine mammal
                               Estimated number of     species and/or
     Fishery description         vessels/ persons    stocks incidentally
                                                      killed or injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
Gillnet Fisheries:
    Mid-Atlantic gillnet.....  4,020..............  Bottlenose dolphin,
                                                     Northern Migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Southern Migratory
                                                     coastal.\1\
                                                    Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine
                                                     system.\1\
                                                    Bottlenose dolphin,
                                                     Southern NC
                                                     estuarine
                                                     system.\1\
                                                    Bottlenose dolphin,
                                                     WNA offshore.
                                                    Common dolphin, WNA.
                                                    Gray seal, WNA.
                                                    Harbor porpoise, GME/
                                                     BF.
                                                    Harbor seal, WNA.
                                                    Hooded seal, WNA.
                                                    Humpback whale, Gulf
                                                     of Maine.
                                                    Minke whale,
                                                     Canadian east
                                                     coast.
    Northeast sink gillnet...  4,072..............  Bottlenose dolphin,
                                                     Northern Migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     WNA offshore.
                                                    Common dolphin, WNA.
                                                    Fin whale, WNA.
                                                    Gray seal, WNA.\1\
                                                    Harbor porpoise, GME/
                                                     BF.
                                                    Harbor seal, WNA.
                                                    Harp seal, WNA.
                                                    Humpback whale, Gulf
                                                     of Maine.
                                                    Minke whale,
                                                     Canadian east
                                                     coast.
                                                    North Atlantic right
                                                     whale, WNA.
                                                    Risso's dolphin,
                                                     WNA.
                                                    White-sided dolphin,
                                                     WNA.
Trap/Pot Fisheries:
    Northeast/Mid-Atlantic     8,485..............  Humpback whale, Gulf
     American lobster trap/                          of Maine.
     pot.
                                                    Minke whale,
                                                     Canadian east
                                                     coast.
                                                    North Atlantic right
                                                     whale, WNA.\1\
Longline Fisheries:
    Atlantic Ocean,            201................  Atlantic spotted
     Caribbean, Gulf of                              dolphin, Northern
     Mexico large pelagics                           GMX.
     longline *.                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     oceanic.
                                                    Bottlenose dolphin,
                                                     WNA offshore.
                                                    Common dolphin, WNA.
                                                    Cuvier's beaked
                                                     whale, WNA.
                                                    False killer whale,
                                                     WNA.
                                                    Harbor porpoise,
                                                     GME, BF.
                                                    Kogia spp. (Pygmy or
                                                     dwarf sperm whale),
                                                     WNA.
                                                    Long-finned pilot
                                                     whale, WNA.
                                                    Mesoplodon beaked
                                                     whale, WNA.
                                                    Minke whale,
                                                     Canadian East
                                                     coast.
                                                    Pantropical spotted
                                                     dolphin, Northern
                                                     GMX.
                                                    Pygmy sperm whale,
                                                     GMX.
                                                    Risso's dolphin,
                                                     Northern GMX.
                                                    Risso's dolphin,
                                                     WNA.
                                                    Rough-toothed
                                                     dolphin, Northern
                                                     GMX.
                                                    Short-finned pilot
                                                     whale, Northern
                                                     GMX.
                                                    Short-finned pilot
                                                     whale, WNA.\1\
                                                    Sperm whale,
                                                     Northern GMX.
------------------------------------------------------------------------
                               CATEGORY II
------------------------------------------------------------------------
Gillnet Fisheries:
    Chesapeake Bay inshore     265................  Bottlenose dolphin,
     gillnet \2\.                                    unknown (Northern
                                                     migratory coastal
                                                     or Southern
                                                     migratory coastal).
    Gulf of Mexico gillnet     248................  Bottlenose dolphin,
     \2\.                                            Eastern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     GMX bay, sound, and
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Mobile Bay,
                                                     Bonsecour Bay.
                                                    Bottlenose dolphin,
                                                     MS Sound, Lake
                                                     Borgne, Bay
                                                     Boudreau.
                                                    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.

[[Page 55370]]

 
    Northeast drift gillnet    1,036..............  None documented.
     \2\.
    Southeast Atlantic         273................  Bottlenose dolphin,
     gillnet \2\.                                    Central FL coastal.
                                                    Bottlenose dolphin,
                                                     Northern FL
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     SC/GA coastal.
                                                    Bottlenose dolphin,
                                                     Southern migratory
                                                     coastal.
    Southeastern U.S.          21.................  Bottlenose dolphin,
     Atlantic shark gillnet.                         unknown (Central
                                                     FL, Northern FL, SC/
                                                     GA coastal, or
                                                     Southern migratory
                                                     coastal).
                                                    North Atlantic right
                                                     whale, WNA.
Trawl Fisheries:
    Mid-Atlantic mid-water     320................  Bottlenose dolphin,
     trawl (including pair                           WNA offshore.
     trawl).                                        Harbor seal, WNA.
    Mid-Atlantic bottom trawl  633................  Bottlenose dolphin,
                                                     WNA offshore.\1\
                                                    Common dolphin,
                                                     WNA.\1\
                                                    Gray seal, WNA.\1\
                                                    Harbor seal, WNA.
                                                    Risso's dolphin,
                                                     WNA.\1\
                                                    White-sided dolphin,
                                                     WNA.
    Northeast mid-water trawl  542................  Common dolphin, WNA.
     (including pair trawl).
                                                    Gray seal, WNA.
                                                    Harbor seal, WNA.
                                                    Long-finned pilot
                                                     whale, WNA.\1\
    Northeast bottom trawl...  968................  Bottlenose dolphin,
                                                     WNA offshore.\1\
                                                    Common dolphin, WNA.
                                                    Gray seal, WNA.\1\
                                                    Harbor porpoise, GME/
                                                     BF.
                                                    Harbor seal, WNA.
                                                    Harp seal, WNA.
                                                    Long-finned pilot
                                                     whale, WNA.\1\
                                                    Risso's dolphin,
                                                     WNA.\1\
                                                    White-sided dolphin,
                                                     WNA.\1\
    Southeastern U.S.          10,824.............  Atlantic spotted
     Atlantic, Gulf of Mexico                        dolphin, Northern
     shrimp trawl.                                   Gulf of Mexico.
                                                    Bottlenose dolphin,
                                                     Barataria Bay
                                                     Estuarine System.
                                                    Bottlenose dolphin,
                                                     Charleston
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Eastern GMX
                                                     coastal.\1\
                                                    Bottlenose dolphin,
                                                     GMX bay, sound,
                                                     estuarine.\1\
                                                    Bottlenose dolphin,
                                                     GMX continental
                                                     shelf.
                                                    Bottlenose dolphin,
                                                     Mississippi River
                                                     Delta.
                                                    Bottlenose dolphin,
                                                     Mobile Bay,
                                                     Bonsecour Bay.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal.\1\
                                                    Bottlenose dolphin,
                                                     Pensacola Bay, East
                                                     Bay.
                                                    Bottlenose dolphin,
                                                     Perdido Bay.
                                                    Bottlenose dolphin,
                                                     SC/GA coastal.\1\
                                                    Bottlenose dolphin,
                                                     Southern migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Western GMX
                                                     coastal.\1\
Trap/Pot Fisheries:
    MA mixed species trap/pot  1,240..............  None documented.
    Southeastern U.S.          1,101..............  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                        Biscayne Bay
     stone crab trap/pot \2\.                        estuarine.
                                                    Bottlenose dolphin,
                                                     Central FL coastal.
                                                    Bottlenose dolphin,
                                                     Eastern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     FL Bay.
                                                    Bottlenose dolphin,
                                                     GMX bay, sound,
                                                     estuarine (FL west
                                                     coast portion).
                                                    Bottlenose dolphin,
                                                     Indian River Lagoon
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Jacksonville
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Sarasota Bay,
                                                     Little Sarasota
                                                     Bay.
    Atlantic mixed species     3,493..............  Fin whale, WNA.
     trap/pot \2\.                                  Humpback whale, Gulf
                                                     of Maine.
    Atlantic blue crab trap/   6,679..............  Bottlenose dolphin,
     pot.                                            Central FL coastal.
                                                    Bottlenose dolphin,
                                                     Central GA
                                                     estuarine
                                                     system.\1\
                                                    Bottlenose dolphin,
                                                     Charleston
                                                     estuarine
                                                     system.\1\
                                                    Bottlenose dolphin,
                                                     Indian River Lagoon
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Jacksonville
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Northern FL
                                                     coastal.\1\
                                                    Bottlenose dolphin,
                                                     Northern GA/
                                                     Southern SC
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Northern Migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine
                                                     system.\1\
                                                    Bottlenose dolphin,
                                                     Northern SC
                                                     estuarine system.

[[Page 55371]]

 
                                                    Bottlenose dolphin,
                                                     SC/GA coastal.
                                                    Bottlenose dolphin,
                                                     Southern GA
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Southern Migratory
                                                     coastal.\1\
                                                    Bottlenose dolphin,
                                                     Southern NC
                                                     estuarine system.
                                                    West Indian manatee,
                                                     FL.
Purse Seine Fisheries:
    Gulf of Mexico menhaden    40-42..............  Bottlenose dolphin,
     purse seine.                                    GMX bay, sound,
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Mississippi River
                                                     Delta.
                                                    Bottlenose dolphin,
                                                     Mississippi Sound,
                                                     Lake Borgne, Bay
                                                     Boudreau.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal.\1\
                                                    Bottlenose dolphin,
                                                     Western GMX
                                                     coastal.\1\
    Mid-Atlantic menhaden      17.................  Bottlenose dolphin,
     purse seine \2\.                                Northern Migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Southern Migratory
                                                     coastal.
Haul/Beach Seine Fisheries:
    Mid-Atlantic haul/beach    359................  Bottlenose dolphin,
     seine.                                          Northern Migratory
                                                     coastal.\1\
                                                    Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine
                                                     system.\1\
                                                    Bottlenose dolphin,
                                                     Southern Migratory
                                                     coastal.\1\
    NC long haul seine.......  22.................  Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine
                                                     system.\1\
                                                    Bottlenose dolphin,
                                                     Southern NC
                                                     estuarine system.
Stop Net Fisheries:
    NC roe mullet stop net...  1..................  Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     unknown (Southern
                                                     migratory coastal
                                                     or Southern NC
                                                     estuarine system).
Pound Net Fisheries:
    VA pound net.............  20.................  Bottlenose dolphin,
                                                     Northern migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Southern Migratory
                                                     coastal.\1\
------------------------------------------------------------------------
                              CATEGORY III
------------------------------------------------------------------------
Gillnet Fisheries:
    Caribbean gillnet........  127................  None documented in
                                                     the most recent 5
                                                     years of data.
    DE River inshore gillnet.  unknown............  None documented in
                                                     the most recent 5
                                                     years of data.
    Long Island Sound inshore  unknown............  None documented in
     gillnet.                                        the most recent 5
                                                     years of data.
    RI, southern MA (to        unknown............  None documented in
     Monomoy Island), and NY                         the most recent 5
     Bight (Raritan and Lower                        years of data.
     NY Bays) inshore gillnet.
    Southeast Atlantic         unknown............  Bottlenose dolphin,
     inshore gillnet.                                Northern SC
                                                     estuarine system.
Trawl Fisheries:
    Atlantic shellfish bottom  >58................  None documented.
     trawl.
    Gulf of Mexico butterfish  2..................  Bottlenose dolphin,
     trawl.                                          Northern GMX
                                                     oceanic.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     continental shelf.
    Gulf of Mexico mixed       20.................  None documented.
     species trawl.
    GA cannonball jellyfish    1..................  Bottlenose dolphin,
     trawl.                                          SC/GA coastal.
Marine Aquaculture Fisheries:
    Finfish aquaculture......  48.................  Harbor seal, WNA.
    Shellfish aquaculture....  unknown............  None documented.
Purse Seine Fisheries:
    Gulf of Maine Atlantic     >7.................  Harbor seal, WNA.
     herring purse seine.
    Gulf of Maine menhaden     >2.................  None documented.
     purse seine.
    FL West Coast sardine      10.................  None documented.
     purse seine.
    U.S. Atlantic tuna purse   5..................  None documented in
     seine *.                                        most recent 5 years
                                                     of data.
Longline/Hook and Line
 Fisheries:
    Northeast/Mid-Atlantic     >1,207.............  None documented.
     bottom longline/hook-and-
     line.
    Gulf of Maine, U.S. Mid-   2,846..............  Humpback whale, Gulf
     Atlantic tuna, shark,                           of Maine.
     swordfish hook-and-line/
     harpoon.
    Southeastern U.S.          >5,000.............  Bottlenose dolphin,
     Atlantic, Gulf of                               GMX continental
     Mexico, and Caribbean                           shelf.
     snapper-grouper and
     other reef fish bottom
     longline/hook-and-line.
    Southeastern U.S.          39.................  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                        Eastern GMX
     shark bottom longline/                          coastal.
     hook-and-line.                                 Bottlenose dolphin,
                                                     Northern GMX
                                                     continental shelf.
    Southeastern U.S.          680................  None documented.
     Atlantic, Gulf of
     Mexico, and Caribbean
     pelagic hook-and-line/
     harpoon.
    U.S. Atlantic, Gulf of     unknown............  Bottlenose dolphin,
     Mexico trotline.                                Galveston Bay, East
                                                     Bay, Trinity Bay.
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.

[[Page 55372]]

 
    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,
                                                     Caloosahatchee
                                                     River.
                                                    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,
                                                     Waccasassa Bay,
                                                     Withlacoochee Bay,
                                                     Crystal Bay.
                                                    Bottlenose dolphin,
                                                     Western GMX
                                                     coastal.
                                                    West Indian manatee,
                                                     FL.
    Gulf of Mexico mixed       unknown............  None documented.
     species trap/pot.
    Southeastern U.S.          10.................  None documented.
     Atlantic, Gulf of Mexico
     golden crab trap/pot.
    U.S. Mid-Atlantic eel      unknown............  None documented.
     trap/pot.
Stop Seine/Weir/Pound Net/
 Floating Trap/Fyke Net
 Fisheries:
    Gulf of Maine herring and  >1.................  Harbor porpoise, GME/
     Atlantic mackerel stop                          BF.
     seine/weir.                                    Harbor seal, WNA.
                                                    Minke whale,
                                                     Canadian east
                                                     coast.
                                                    Atlantic white-sided
                                                     dolphin, WNA.
    U.S. Mid-Atlantic crab     2,600..............  None documented.
     stop seine/weir.
    U.S. Mid-Atlantic mixed    unknown............  Bottlenose dolphin,
     species stop seine/weir/                        Northern NC
     pound net (except the NC                        estuarine system.
     roe mullet stop net).
    RI floating trap.........  9..................  None documented.
    Northeast and Mid-         unknown............  None documented.
     Atlantic fyke net.
Dredge Fisheries:
    Gulf of Maine sea urchin   unknown............  None documented.
     dredge.
    Gulf of Maine mussel       unknown............  None documented.
     dredge.
    Gulf of Maine, U.S. Mid-   >403...............  None documented.
     Atlantic sea scallop
     dredge.
    Mid-Atlantic blue crab     unknown............  None documented.
     dredge.
    Mid-Atlantic soft-shell    unknown............  None documented.
     clam dredge.
    Mid-Atlantic whelk dredge  unknown............  None documented.
    U.S. Mid-Atlantic/Gulf of  7,000..............  None documented.
     Mexico oyster dredge.
    New England and Mid-       unknown............  None documented.
     Atlantic offshore surf
     clam/quahog dredge.
Haul/Beach Seine Fisheries:
    Caribbean haul/beach       38.................  West Indian manatee,
     seine.                                          Puerto Rico.
    Gulf of Mexico haul/beach  unknown............  None documented.
     seine.
    Southeastern U.S.          25.................  None documented.
     Atlantic haul/beach
     seine.
Dive, Hand/Mechanical
 Collection Fisheries:
    Atlantic Ocean, Gulf of    20,000.............  None documented.
     Mexico, Caribbean
     shellfish dive, hand/
     mechanical collection.
    Gulf of Maine urchin       unknown............  None documented.
     dive, hand/mechanical
     collection.
    Gulf of Mexico, Southeast  unknown............  None documented.
     Atlantic, Mid-Atlantic,
     and Caribbean cast net.
Commercial Passenger Fishing
 Vessel (Charter Boat)
 Fisheries:
    Atlantic Ocean, Gulf of    4,000..............  Bottlenose dolphin,
     Mexico, Caribbean                               Barataria Bay
     commercial passenger                            estuarine system.
     fishing vessel.                                Bottlenose dolphin,
                                                     Biscayne Bay
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Central FL coastal.
                                                    Bottlenose dolphin,
                                                     Choctawhatchee Bay.
                                                    Bottlenose dolphin,
                                                     Eastern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     FL Bay.
                                                    Bottlenose dolphin,
                                                     GMX bay, sound,
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Indian River Lagoon
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Jacksonville
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Mississippi Sound,
                                                     Lake Borgne, Bay
                                                     Boudreau.
                                                    Bottlenose dolphin,
                                                     Northern FL
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Northern GA/
                                                     Southern SC
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Northern migratory
                                                     coastal.

[[Page 55373]]

 
                                                    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
                                 Number of HSFCA       species and/or
     Fishery description             permits         stocks incidentally
                                                      killed or injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
Longline Fisheries:
    Atlantic Highly Migratory  30.................  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    150................  Bottlenose dolphin,
     (HI Deep-set component)                         HI Pelagic.
     * [supcaret].                                  False killer whale,
                                                     HI Pelagic.
                                                    Kogia spp. (Pygmy or
                                                     dwarf sperm whale),
                                                     HI.
                                                    Risso's dolphin, HI.
                                                    Rough-toothed
                                                     dolphin, HI.
                                                    Short-finned pilot
                                                     whale, HI.
                                                    Striped dolphin, HI.
------------------------------------------------------------------------
                               CATEGORY II
------------------------------------------------------------------------
Drift Gillnet Fisheries:
    Pacific Highly Migratory   3..................  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  0..................  No information.
     Species **.
    CCAMLR...................  0..................  Antarctic fur seal.
Purse Seine Fisheries:
    Western and Central        34.................  Bottlenose dolphin,
     Pacific Ocean Tuna Purse                        unknown.
     Seine.                                         Blue whale, unknown.
                                                    Bryde's whale,
                                                     unknown.
                                                    False killer whale,
                                                     unknown.
                                                    Fin whale, unknown.
                                                    Indo-Pacific
                                                     dolphin.
                                                    Long-beaked common
                                                     dolphin, unknown.
                                                    Melon-headed whale,
                                                     unknown.
                                                    Minke whale,
                                                     unknown.

[[Page 55374]]

 
                                                    Pantropical spotted
                                                     dolphin, unknown.
                                                    Pygmy killer whale,
                                                     unknown.
                                                    Risso's dolphin,
                                                     unknown.
                                                    Rough-toothed
                                                     dolphin, unknown.
                                                    Sei whale, unknown.
                                                    Short-finned pilot
                                                     whale, unknown.
                                                    Sperm whale,
                                                     unknown.
                                                    Spinner dolphin,
                                                     unknown.
    Western Pacific Pelagic..  0..................  No information.
Longline Fisheries:
    CCAMLR...................  0..................  None documented.
    South Pacific Albacore     8..................  No information.
     Troll.
    Western Pacific Pelagic    14.................  Bottlenose dolphin,
     (HI Shallow-set                                 HI Pelagic.
     component) * [supcaret].                       False killer whale,
                                                     HI Pelagic.
                                                    Fin whale, HI.
                                                    Guadalupe fur seal.
                                                    Humpback whale,
                                                     Central North
                                                     Pacific.
                                                    Risso's dolphin, HI.
                                                    Striped dolphin, HI.
Handline/Pole and Line
 Fisheries:
    Atlantic Highly Migratory  0..................  No information.
     Species.
    Pacific Highly Migratory   45.................  No information.
     Species.
    South Pacific Albacore     7..................  No information.
     Troll.
    Western Pacific Pelagic..  1..................  No information.
Troll Fisheries:
    Atlantic Highly Migratory  0..................  No information.
     Species.
    South Pacific Albacore     24.................  No information.
     Troll.
    South Pacific Tuna         0..................  No information.
     Fisheries **.
    Western Pacific Pelagic..  7..................  No information.
------------------------------------------------------------------------
                              CATEGORY III
------------------------------------------------------------------------
Longline Fisheries:
    Northwest Atlantic Bottom  2..................  None documented.
     Longline.
    Pacific Highly Migratory   127................  None documented in
     Species.                                        the most recent 5
                                                     years of data.
Purse Seine Fisheries:
    Pacific Highly Migratory   2..................  None documented.
     Species * [supcaret].
Trawl Fisheries:
    Northwest Atlantic.......  3..................  None documented.
Troll Fisheries:
    Pacific Highly Migratory   93.................  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.

[[Page 55375]]

 
                                         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.

Classification

    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
Any entity with combined annual fishery landing receipts less than $11 
million is considered a small entity for purposes of the Regulatory 
Flexibility Act. Under the size standard, all entities subject to this 
action were considered small entities; thus, they all would continue to 
be considered small under the new standards.
    Under existing regulations, all individuals participating in 
Category I or II fisheries must register under the MMPA and obtain an 
authorization certificate. The authorization certificate authorizes the 
taking of marine mammals incidental to commercial fishing operations 
under the MMPA. Additionally, individuals may be subject to a TRP and 
requested to carry an observer. NMFS has estimated that up to 
approximately 56,603 fishing vessels, most with annual revenues below 
the SBA's small entity thresholds, may operate in Category I or II 
fisheries. As fishing vessels operating in Category I or II fisheries, 
they are required to register with NMFS. The MMPA registration process 
is integrated with existing state and Federal licensing, permitting, 
and registration programs. Therefore, individuals who have a state or 
Federal fishing permit or landing license, or who are authorized 
through another related state or Federal fishery registration program, 
are currently not required to register separately under the MMPA or pay 
the $25 registration fee. Through this integrated process, registration 
under the MMPA, including the $25 registration fee, is only required 
for vessels participating in a Category I or II non-permitted fishery. 
All Category I and II fisheries listed on the 2023 proposed LOF are 
permitted through state or Federal processes, and registration under 
the MMPA is covered through the integrated process. Therefore, this 
proposed rule would not impose any direct costs on small entities.
    The MMPA requires any vessel owner or operator participating in a 
fishery listed on the LOF to report to NMFS, within 48 hours of the end 
of the fishing trip, all marine mammal incidental mortalities and 
injuries that occur during commercial fishing operations. These marine 
mammal mortalities and injuries are reported using a postage-paid, 
Office of Management and Budget (OMB) approved form (OMB Control Number 
0648-0292). This postage-paid form requires less than 15 minutes to 
complete and can be dropped in any mailbox, faxed, emailed, or 
completed online within 48 hours of the vessels return to port. 
Therefore, recordkeeping and reporting costs associated with this LOF 
are minimal and would not have a significant impact on a substantial 
number of small entities.
    If a vessel is requested to carry an observer, vessels will not 
incur any direct economic costs associated with carrying that observer. 
As a result of this certification, an initial regulatory flexibility 
analysis is not required and none has been prepared. In the event that 
reclassification of a fishery to Category I or II results in a TRP,

[[Page 55376]]

economic analyses of the effects of that TRP would be summarized in 
subsequent rulemaking actions.
    This proposed rule contains existing collection-of-information 
(COI) requirements subject to the Paperwork Reduction Act and would not 
impose additional or new COI requirements. The COI for the registration 
of individuals under the MMPA has been approved by the OMB under OMB 
Control Number 0648-0293 (0.15 hours per report for new registrants). 
The requirement for reporting marine mammal mortalities or injuries has 
been approved by OMB under OMB Control Number 0648-0292 (0.15 hours per 
report). These estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the COI. Send comments regarding 
these reporting burden estimates or any other aspect of the COI, 
including suggestions for reducing burden, to NMFS (see ADDRESSES). You 
may also submit comments on these or any other aspects of the 
collection of information at https://www.reginfo.gov/public/do/PRAMain.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with a COI, subject to the requirements of the Paperwork 
Reduction Act, unless that COI displays a currently valid OMB control 
number.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Orders 12866 and 13563.
    In accordance with the Companion Manual for NOAA Administrative 
Order (NAO) 216-6A, NMFS determined that publishing this proposed LOF 
qualifies to be categorically excluded from further NEPA review, 
consistent with categories of activities identified in Categorical 
Exclusion G7 (``Preparation of policy directives, rules, regulations, 
and guidelines of an administrative, financial, legal, technical, or 
procedural nature, or for which the environmental effects are too 
broad, speculative or conjectural to lend themselves to meaningful 
analysis and will be subject later to the NEPA process, either 
collectively or on a case-by-case basis'') of the Companion Manual and 
we have not identified any extraordinary circumstances listed in 
Chapter 4 of the Companion Manual for NAO 216-6A that would preclude 
application of this categorical exclusion. If NMFS takes a management 
action, for example, through the development of a TRP, NMFS would first 
prepare an Environmental Impact Statement or Environmental Assessment, 
as required under NEPA, specific to that action.
    This proposed rule would not affect species listed as threatened or 
endangered under the ESA or their associated critical habitat. The 
impacts of numerous fisheries have been analyzed in various biological 
opinions, and this rule will not affect the conclusions of those 
opinions. The classification of fisheries on the LOF is not considered 
to be a management action that would adversely affect threatened or 
endangered species. If NMFS takes a management action, for example, 
through the development of a TRP, NMFS would consult under ESA section 
7 on that action.
    This proposed rule would have no adverse impacts on marine mammals 
and may have a positive impact on marine mammals by improving knowledge 
of marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This proposed rule would not affect the land or water uses or 
natural resources of the coastal zone, as specified under section 307 
of the Coastal Zone Management Act.

References

Carretta, J.W., E.M. Oleson, K.A. Forney, M.M. Muto, D.W. Weller, 
A.R. Lang, J. Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. Moore, and 
R.L. Brownell. 2022. U.S. Pacific Marine Mammal Stock Assessments: 
2021. U.S. Department of Commerce, NOAA Technical Memorandum NMFS-
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Carretta, J.V., J. Greenman, K. Wilkinson, J. Freed, L. Saez, D. 
Lawson, J. Viezbicke, and J. Jannot. 2021. Sources of human-related 
injury and mortality for U.S. Pacific west coast marine mammal stock 
assessments, 2016-2020. Draft reviewed by the Pacific Scientific 
Review Group in March, 2022. 140 p.
Carretta, J.V., E. Oleson, K.A. Forney, J. Baker, J.E. Moore, D.W. 
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Pacific Marine Mammal Stock Assessments: 2020. U.S. Department of 
Commerce, NOAA Technical Memorandum NMFS-SWFSC-646. 394 p.
Freed, J. C., N.C. Young, B.J. Delean, V.T. Helker, M.M. Muto, K.M. 
Savage, S.S. Teerlink, L.A. Jemison, K.M. Wilkinson, and J.E. 
Jannot. 2021. Human-Caused Mortality and Injury of NMFS-Managed 
Alaska Marine Mammal Stocks, 2015-2019. U.S. Department of Commerce. 
NOAA Tech. Memo. NMFS-AFSC-424, 112 p.
Hayes, S.A., E. Josephson, K. Maze-Foley, P.E. Rosel and J. Wallace. 
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Assessments 2021. U.S. Department of Commerce, NOAA Technical 
Memorandum. 386 p.

    Dated: August 30, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-19153 Filed 9-8-22; 8:45 am]
 BILLING CODE 3510-22-P