[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Rules and Regulations]
[Pages 16899-16919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05762]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 230313-0073]
RIN 0648-BL30


List of Fisheries for 2023

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

ACTION: Final rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
final List of Fisheries (LOF) for 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: The effective date of this final rule is April 20, 2023.

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

FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, Office of Protected 
Resources, 301-427-8402; Cheryl Cross, Greater Atlantic Region, 978-
281-9100; 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, 808-725-5085. 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 3 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.,

[[Page 16900]]

a fishery qualifying for Category III for one marine mammal stock and 
for Category II for another marine mammal stock will be listed under 
Category II). Stocks driving a fishery's classification are denoted 
with a superscript ``1'' in Tables 1 and 2.

Other Criteria That May Be Considered

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

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

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

[[Page 16901]]

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: (1) when the fishery was added to the LOF; 
(2) the basis for the fishery's initial classification; (3) 
classification changes to the fishery; (4) changes to the list of 
species and/or stocks incidentally killed or injured in the fishery; 
(5) fishery gear and methods used; (6) observer coverage levels; (7) 
fishery management and regulation; and (8) applicable TRPs or TRTs, if 
any. These fishery fact sheets are updated after each final LOF and can 
be found under ``How Do I Find Out if a Specific Fishery is in Category 
I, II, or III?'' on the NMFS Office of Protected Resources' website: 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries, linked to the ``List of 
Fisheries Summary'' table. NMFS is developing similar fishery fact 
sheets for each Category III fishery on the LOF. However, due to the 
large number of Category III fisheries on the LOF and the lack of 
accessible and detailed information on many of these fisheries, the 
development of these fishery fact sheets is taking significant time to 
complete. NMFS began posting Category III fishery fact sheets online 
with the LOF for 2016.

Am I required to register under the MMPA?

    Owners of vessels or gear engaging in a Category I or II fishery 
are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50 
CFR 229.4, to register with NMFS and obtain a marine mammal 
authorization to lawfully take 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 Southeast Region, NMFS will issue vessel or 
gear owners an authorization certificate via U.S. mail automatically at 
the beginning of each calendar year. In the Greater Atlantic Region, 
NMFS will issue vessel or gear owners an authorization certificate 
electronically. The certificate can be downloaded and printed at: 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate.
    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,

[[Page 16902]]

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 pelagic 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: Cheryl Cross;
    NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, 
FL 33701, Attn: Jessica Powell;
    NMFS, West Coast Region, Long Beach Office, 501 W Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213, Attn: Dan Lawson;
    NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 
West 9th Street, Juneau, AK 99802, Attn: Suzie Teerlink; or
    NMFS, Pacific Islands Regional Office, Protected Resources 
Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: 
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.

Comments and Responses

    NMFS received five comment letters on the proposed LOF for 2023 (87 
FR 55348; September 9, 2022). Comments were received from Hawaii 
Longline Association (HLA), Maine Department of Marine Resources (ME 
DMR), Maine Lobstermen's Association (MLA), Washington Department of 
Fish and Wildlife (WDFW) and a member of the public. Responses to 
substantive comments are below. Comments on actions not related to the 
LOF are not included. One commenter expressed general support for the 
rule.

Comments on Commercial Fisheries in the Pacific Ocean

    Comment 1: HLA reiterates a previous comment recommending NMFS 
remove the Main Hawaiian Islands (MHI) insular and Northwestern 
Hawaiian Islands (NWHI) stocks of false killer whales from the list of 
species and/or stocks incidentally killed or injured in the Category I 
Hawaii deep-set longline fishery. HLA notes that (a) the False Killer 
Whale Take Reduction Plan (FKWTRP) closed the deep-set longline fishery 
for almost the entire range of the MHI insular stock, (b) since this 
change was made in 2013 there have been no false killer whale 
interactions in the fishery, and (c) there has never been a deep-set 
longline fishery M/SI in the very small area of the stocks' range where 
the fishery operates. They also state that no information has been 
presented to the False Killer Whale Take Reduction Team or the Pacific 
Scientific Review Group suggesting any false killer whale M/SI in the 
deep-set fishery can reliably be attributed to the MHI insular or NWHI 
stocks of false killer whales. HLA requests that NMFS remove the MHI 
insular and NWHI stocks of false killer whales from the list of species 
and/or stocks incidentally killed or injured in the Category I Hawaii 
deep-set longline fishery.
    Response: This comment has been addressed previously (see 84 FR 
22051, May 16, 2019; 85 FR 21079, April 16, 2020; 86 FR 3028, January 
14, 2021). The MHI insular stock of false killer

[[Page 16903]]

whales have been documented via telemetry to move far enough offshore 
to reach longline fishing areas (Bradford et al., 2015). The MHI 
insular, Hawaii pelagic, and NWHI stocks have partially overlapping 
ranges. MHI insular false killer whales have been satellite tracked as 
far as 115 kilometers (km) from the MHI, while pelagic stock animals 
have been tracked to within 11 km of the MHI and throughout the NWHI. 
Thus, M/SI of false killer whales of unknown stock within the stock 
overlap zones must be prorated to MHI insular, pelagic, or NWHI stocks. 
Annual bycatch estimates are prorated using a process outlined in 
detail in the SARs, which account for M/SI that occur within the MHI-
pelagic or NWHI-pelagic overlap zones.
    For observed fisheries with evidence indicating that undocumented 
interactions may be occurring (e.g., fishery has evidence of fisheries 
interactions that cannot be attributed to a specific fishery, and 
stranding network data include evidence of fisheries interactions that 
cannot be attributed to a specific fishery), stocks may be retained on 
the LOF for longer than five years. For these fisheries, NMFS will 
review the other sources of relevant information to determine when it 
is appropriate to remove a species or stock from the LOF. As described 
in the 2019 LOF (84 FR 22051, May 16, 2019), 6 false killer whale M/SI 
incidental to the deep-set longline fishery were observed inside the 
exclusive economic zone (EEZ) around Hawaii, including three that 
occurred close to the outer boundary of the MHI Longline Fishing 
Prohibited Area, in close proximity to the outer boundary of the MHI 
Insular false killer whale stocks' range, which overlaps with areas 
that are open to deep-set longline fishing. MHI Insular false killer 
whales have been documented with injuries consistent with fisheries 
interactions that have not been attributed to a specific fishery (Baird 
et al., 2014). Additionally, in August 2020, NMFS reopened the Southern 
Exclusion Zone to Hawaii deep-set longline fishing (85 FR 50959, August 
19, 2020).
    In addition to the SARs, NMFS also reviews other sources of new 
information for the LOF, including injury determination reports, 
bycatch estimation reports, and observer data. In some cases, more 
recent information may be available and used in the LOF. In January 
2019, there was an observed mortality of a false killer whale 
incidental to the Hawaii deep-set longline fishery that occurred within 
the range of the NWHI stock. Therefore, NMFS retains both the MHI 
insular and NWHI false killer whale stocks on the list of species and/
or stocks incidentally killed or injured in the Category I Hawaii deep-
set longline fishery.
    Comment 2: HLA reiterates a previous comment recommending NMFS 
remove the Central North Pacific stock of humpback whale from the list 
of species and/or stocks incidentally killed or injured in the Category 
II Hawaii shallow-set longline fishery. They state that the most recent 
Central North Pacific humpback whale SAR does not include any M/SI in 
the HI shallow-set longline fishery in the last 5 years, and the 
fishery has 100 percent observer coverage.
    Response: This comment has been addressed previously (see 86 FR 
3028, January 14, 2021). In addition to the M/SI included in the SARs, 
the LOF references data from injury determination reports, bycatch 
estimation reports, observer data, logbook data, stranding data, 
disentanglement network data, fishermen self-reports, and anecdotal 
reports. In March 2015, there was an observed humpback whale, Central 
North Pacific stock injury in the Category II Hawaii shallow-set 
longline fishery. The injury was determined to be non-serious. Due to 
the observed injury, the Central North Pacific stock of humpback whale 
is retained on the list of species and/or stocks incidentally killed or 
injured in the Category II Hawaii shallow-set longline fishery.
    Comment 3: WDFW comments that the 2023 LOF proposed rule provides a 
fishery description for the Category III WA/OR sardine purse seine 
fishery, but the rule did not include a fishery description for the 
Category III WA/OR anchovy purse seine fishery. WDFW provided a 
description for the Category III WA/OR anchovy purse seine fishery.
    Response: NMFS thanks WDFW for their review of the fishery 
descriptions provided in the proposed LOF for 2023 (87 FR 55348; 
September 9, 2022). The anchovy purse seine fishery in Washington and 
Oregon is currently associated with the Category III WA/OR herring, 
anchovy, smelt, squid purse seine or lampara fishery. The fishery 
description for the WA/OR herring, anchovy, smelt, squid purse seine or 
lampara fishery was published in the 2022 LOF (86 FR 43491; August 9, 
2021). The anchovy purse seine fishery in Washington and Oregon is 
currently covered and sufficiently described on the LOF.
    Comment 4: WDFW recommends NMFS revise the fishery description for 
the Category III WA/OR mainstem Columbia River eulachon gillnet fishery 
that was published in the proposed LOF (87 FR 55348; September 9, 2022) 
as follows.
    Distribution: Eulachon (candlefish), which is a member of the 
typical smelts, are targeted in the Lower Columbia River downstream 
from Bonneville Dam. The fishery historically occurred throughout the 
winter and spring, from December 1 to March 31, to supply both the bait 
demand for sport sturgeon anglers and the fresh food market. In recent 
years, the fishery has been limited to a total of 8-15 days (primarily 
in February) by conservative fishery management decisions responding to 
declining returns and the 2010 ESA-listing.
    Gear Description: The fishery is primarily conducted using 2-inch 
stretched bobber gill nets that are set during the turn of the tide and 
during the flood tide when the fish are present at intermediate depths. 
Most nets are suspended below the surface by dropper lines which are 
adjusted as needed.
    Management: Oregon and Washington jointly decide management actions 
for Columbia River fish and fisheries in the trans-boundary mainstem 
reaches of the lower basin. Both states manage the fishery under the 
congressionally approved Columbia River Compact (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 fishers are required to 
have a Columbia River smelt commercial license when targeting eulachon 
for either human consumption or bait-fishing. Oregon does not require a 
separate smelt license; however, fishers do have to 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.
    Response: NMFS thanks WDFW for the careful review of the draft 
fishery description for the Category III WA/OR mainstem Columbia River 
eulachon gillnet fishery. Based on the information provided by WDFW, we 
will incorporate the revised fishery description accordingly.
    Comment 5: WDFW recommends NMFS revise the name of the Category III 
``WA/OR Lower Columbia River (includes tributaries) gillnet'' fishery 
to the ``WA/OR Lower Columbia River (includes tributaries) drift net'' 
fishery. They also recommend revising the

[[Page 16904]]

fishery description published in the proposed LOF (87 FR 55348; 
September 9, 2022) as follows.
    Distribution: The mainstem Columbia River non-treaty commercial 
drift net fishery historically occurred during multiple seasons 
(winter, spring, summer, and fall), primarily targeting Chinook 
(spring, summer, and fall stocks) and coho salmon from the mouth of the 
Columbia River upstream to Beacon Rock, Washington (approximately 140 
river miles). The fishing area is divided into zones of which some, or 
all, may be open during a specific season. Closed areas exist at many 
tributary mouths. A 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.
    Due to changes in state policies, mainstem winter, spring and 
summer non-treaty tribal commercial fisheries have effectively not 
occurred since 2016. The fall fishery is comprised of both Chinook and 
coho-directed fisheries, with the Chinook-directed fishery currently 
constrained to Zones 4-5 (described above), and the coho-directed 
fishery occurring in Zones 1-3. Non-treaty tribal gillnet fisheries 
occur throughout the year in Select Area fisheries located in-off-
channel areas of the Lower Columbia River. Three sites exist on the 
Oregon side (Youngs Bay, Tongue Point/South Channel, and Knappa/Blind 
Sloughs) and one in Washington (Deep River). A map of the Select Area 
fishing sites is available here: https://www.dfw.state.or.us/fish/commercial/docs/Select%20Area%20Commercial%20Fishing%20Zones%20Map.pdf.
    Gear Description: The fall Zone 4-5 fishery is non-mark selective 
for Chinook and coho. Gear is limited to drift gillnets with a maximum 
length of 250 fathoms, and a maximum mesh size of 9\3/4\ inches. 
Minimum mesh size varies in the fall with a 9-inch minimum mesh size 
commonly used in August and 8-inch commonly used in September. 
Recently, the fall coho-directed fishery has been under mark-selective 
regulations for coho utilizing live-capture techniques (small-mesh 
sizes, short net soak time, recovery boxes, live-capture training, 
etc.). Gear is limited to drift tangle nets with a maximum length of 
150 fathoms, a maximum mesh size of 3\3/4\ inches, and a maximum soak 
time of 30 minutes. Fishers are required to complete live-capture 
training before participating in this fishery. Typically, only hatchery 
coho and Chinook may be retained.
    Management: This is a limited entry fishery, but permits are 
transferable if certain requirements are met. The fishery is managed by 
the states of Oregon and Washington within the Columbia River Compact 
process. Harvest limits are based on annual run sizes, ESA-take limits, 
hatchery escapement needs, and State policies directing sport-
commercial sharing of the resource. Therefore, management occurs in 
coordination with the Pacific Fisheries Management Council process and 
take limits are set by NMFS. Chinook and coho salmon are the primary 
species harvested but shad and white sturgeon (when authorized) may 
also be harvested and sold. The harvest of steelhead, chum, and green 
sturgeon is prohibited.
    Response: NMFS thanks WDFW for their review of the draft fishery 
description for the Category III WA/OR Lower Columbia River (includes 
tributaries) drift gillnet fishery. Based on the information provided 
by WDFW, NMFS revises the name of this fishery to the ``WA/OR Lower 
Columbia River (includes tributaries) drift net fishery'' and 
incorporates the revised fishery description proposed by WDFW.
    Comment 6: WDFW recommends NMFS revise the name of the Category III 
``WA/OR Lower Columbia River salmon seine'' fishery to the ``WA/OR 
Lower Columbia River emerging commercial'' fishery. They also recommend 
revising the fishery description published in the proposed LOF (87 FR 
55348; September 9, 2022) as follows.
    Distribution: Because the primary purpose of this Emerging 
Commercial Fishery would be to reduce the abundance of hatchery-origin 
fall Chinook and coho, the primary fishing area would be in commercial 
Zones 1-3 of the Lower Columbia River (mouth upstream to river mile 
80). The season would likely occur from late-August into October, 
coinciding with Chinook and coho run timing.
    Gear Description: Specifics pertaining to gear configuration of 
beach seines, purse seines, and pound nets in the Lower Columbia River 
Emerging Commercial Fishery is one area that requires experimentation 
as the fishery takes place to address issues related to bycatch, 
release mortality rates, and economics that complicate implementation. 
All three gears are legal for commercial use in Oregon and can be used 
in an Emerging Commercial Fishery in Washington.
    Management: WDFW and Oregon Department of Fish and Wildlife are 
jointly managing this limited-entry fishery via the Columbia River 
Compact process. An Emerging Fishery license and Experimental Fishery 
Permit from Washington or an Experimental Gear Permit from Oregon will 
be needed to participate. To date, these gears have been primarily 
utilized in a research or limited commercial setting with an Emerging 
Commercial Fishery limited to 4 to 10 fishers using beach and purse 
seines in the fall of 2014-2016. An agency observer will be required 
while fishing is conducted.
    Response: NMFS thanks WDFW for their review of the fishery 
descriptions provided as part of the proposed 2023 LOF. We note that 
the fishery name and description revisions proposed by WDFW include 
reference to pound nets, which is a gear type that has not been 
previously associated with any West Coast commercial fishery on the 
LOF. As a result, NMFS would like to collect additional information 
about the use of pound nets in the Lower Columbia River before revising 
the name and/or fishery description of salmon fisheries in the Lower 
Columbia River. After collecting additional information, NMFS will 
reconsider the comments provided by WDFW in a future proposed LOF. In 
the interim, NMFS notes that an eligible commercial fishery not 
specifically identified on the LOF, including commercial fisheries 
permitted by the States of Washington and/or Oregon that may include 
use of pound nets in the Lower Columbia River, is deemed to be a 
Category II fishery until the next LOF is published (50 CFR 229.2).

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

    Comment 7: ME DMR and MLA reiterate previous comments that the 
Maine state waters trap/pot fishery should be separated out from the 
broader Category I Northeast/Mid-Atlantic American lobster trap/pot 
fishery and classified as a separate and independent Category II 
fishery. Both ME DMR and MLA cite the rarity of North Atlantic right 
whales in Maine state waters, lack of attributed right whale 
entanglements in the Maine lobster fishery in over 15 years, the 
implementation of additional risk reduction measures via the recent 
final rule amending the Atlantic Large Whale Take Reduction Plan 
(ALWTRP), and the ability to differentiate itself from other trap/pot 
fisheries with gear modifications and monitoring unique to the state of 
Maine.
    ME DMR and MLA note that weak point requirements do not vary by 
zone in Maine state waters. In May 2022, ME state regulations began 
requiring that all

[[Page 16905]]

buoy lines in exempt waters and the sliver area (area between the 
exemption line and the 3-mile line) have a 1700 pounds (lb) weak 
insertion 50 percent of the way down the vertical line, or approved 
1700 lb breaking strength line in the top 50 percent of the vertical 
line. They also state that the state of Massachusetts requires 
additional weak points in vertical lines longer than 120 feet (ft), the 
same weak point configuration that Maine requires is also required in 
Massachusetts state waters.
    Both commenters also state that since September 2020, a purple 
state specific gear marking is required to differentiate Maine trap/pot 
gear from the rest of the fishery. In addition, the ALWTRP requires a 
Federal green mark. These Maine state marking requirements 
differentiated the state fishery from the rest of the Category I 
Northeast/Mid-Atlantic American lobster trap/pot fishery.
    They state that the final rule for the 2022 LOF asserted the Maine 
state lobster trap/pot fishery could not be reclassified as a Category 
II fishery because it cannot be ruled out as the cause for recent right 
whale entanglements where gear had been recovered, as that recovered 
gear was found with red tracers indicating the gear came from the 
ALWTRP Northern Inshore Trap/Pot fishery that overlaps Maine, New 
Hampshire, and Massachusetts state waters. ME DMR and MLA note that 
prior to 2020 there were no gear marking requirements in the Maine 
exempted waters. Therefore, recent entanglements were not a result of 
gear set in Maine exempt waters, which is a significant portion of 
Maine state waters.
    Lastly, ME DMR and MLA states that part of NMFS' justification for 
reclassifying the MA mixed species trap/pot fishery as a Category II 
fishery was due to the extensive North Atlantic right whale monitoring 
in MA. In 2020, NMFS Northeast Fisheries Science Center, deployed 8 
passive acoustic recorders in Maine state waters. The commenters state 
that from January 2020 through June 2021 right whales were only 
detected on 6 days at three locations. They also note that the passive 
acoustic monitors will remain in their locations for at least the next 
three years. Maine is also undertaking additional efforts to detect 
right whales in Maine waters: including acoustic glider projects and 
broad scale aerial surveys. Therefore, the Maine state waters lobster 
trap/pot fishery meets the requirements for extensive monitoring and 
should be reclassified as a Category II fishery.
    Response: This comment has been addressed previously (see 87 FR 
23122; April 19, 2022). As stated in the final LOF for 2022 (87 FR 
23122; April 19, 2022), the state of Massachusetts has made significant 
changes to their trap/pot regulations, including seasonal closures and 
gear modifications. These changes differentiate the Massachusetts state 
waters' trap/pot fishery from the Category I Northeast/Mid-Atlantic 
American lobster trap/pot and Category II Atlantic mixed species trap/
pot fisheries.
    On the 2022 LOF, NMFS classified Category II MA mixed species trap/
pot fishery based on the regulatory definition (50 CFR 229.2) of a 
Category II fishery. The classification of the Category II 
Massachusetts mixed species trap/pot fishery was based on the 
consideration of several state regulations, which were implemented 
prior to the 2022 fishing season. Massachusetts implemented extensive 
seasonal time-area closures that spatially and temporally expanded the 
Massachusetts Restricted Area to significantly reduce the co-occurrence 
of the fishery with North Atlantic right whales. Additionally, in 
Massachusetts state waters, gear requirements include the following: 
(1) all commercial trap fishermen to fish buoy lines that break when 
exposed to 1,700 lbs (771 kilograms (kg)) of tension, which can be 
accomplished through the use of weak rope or weak insertions at 60 ft 
(18 meters (m)) intervals along the top 75 percent of the buoy line; 
(2) All commercial trap fishermen to fish buoy lines with a maximum 
diameter of \3/8\ inch (9.5 millimeters (mm)); and (3) state-specific 
gear marks on all vertical lines. Marks must be red in color, at least 
2 ft in length, and spaced no more than 60 ft (18 m) apart. These gear 
markings are distinct from those used in other states that are 
different colors, shorter in length, fewer in number and more widely-
spaced. As noted in the 2022 LOF final rule (87 FR 23122; April 19, 
2022), these combined management measures are supported by extensive 
monitoring of North Atlantic right whale populations through state and 
Federal aerial survey effort over Massachusetts' waters. This survey 
effort is enhanced by additional sighting and entanglement reporting 
that is gathered from a widespread network of visual observers. These 
collective measures set this fishery apart from the broader Category I 
Northeast/Mid-Atlantic American lobster trap/pot, and reduce its risk 
to North Atlantic right whales.
    To separate a Category I fishery into a new fishery due to new 
regulatory measures, that new fishery should significantly reduce the 
risk of entanglement of the stock driving the Category I classification 
with sufficient gear marking to distinguish it from other fisheries. 
NMFS acknowledges that all lobster and Jonah crab trap/pot fisheries 
have implemented regulatory measures to reduce risk of entanglement to 
North Atlantic right whales under the new ALWTRP regulations finalized 
in 2021 (86 FR 51970; September 17, 2021).
    NMFS also recognizes that the state of Maine has expanded acoustic 
monitoring and commenced visual surveys for marine mammals. However, 
cumulatively, these current efforts are not sufficient to designate the 
Maine state lobster fishery as a distinct fishery. Although the state 
of Maine has initiated monitoring efforts, data are limited in scope. 
Acoustic monitoring is valuable and indeed confirms that North Atlantic 
right whales are using Maine waters (NEFSC, 2022; PACM 2022). However, 
acoustic data cannot inform whale density or abundance estimates, and 
can only detect the presence of whales if they are vocally active while 
in the range of the monitoring devices (NEFSC 2022). Detection further 
varies by species and with physical oceanographic properties and 
ambient noise (Van Parijs et al., 2021). Detailed information on the 
distribution and habitat use of North Atlantic right whales is 
currently lacking, particularly in coastal Maine, and these complex 
patterns cannot be understood from limited acoustic data and only one 
month of recent visual surveys. Acoustic monitoring only indicates that 
North Atlantic right whales are present and vocalizing during the 
period of surveillance and cannot quantify the abundance of North 
Atlantic right whales. Ongoing acoustic monitoring plus other 
surveillance methods, such as long-term visual surveys, will help us 
better understand North Atlantic right whale distribution and habitat 
use in Maine waters. Fiscal Year 2023 Congressional appropriations 
included dedicated funding for improving monitoring in the Gulf of 
Maine.
    Increased visual survey effort can additionally contribute to the 
collection of entanglement information. Although entanglements are the 
primary cause of M/SI of large whales, including North Atlantic right 
whales: (1) exact entanglement locations are infrequently identified 
(NMFS 2021); (2) the majority of mortalities incidental to gear 
entanglement are undetected (Pace et al., 2021); and (3) gear is rarely 
retrieved from an entanglement or attributed to a fishery or gear type 
(NMFS 2021). Confirmed large whale entanglements

[[Page 16906]]

have recently occurred in Maine waters, indicated by purple gear 
markings (4 minke and 3 humpback whales since 2020). It is not possible 
to determine the origin of prior North Atlantic right whale 
entanglement cases where no gear was collected or directly observed, or 
where the retrieved gear was not marked. Therefore, the lack of 
attributed North Atlantic right whale entanglement in particular areas 
does not necessarily mean entanglement did not occur there.
    For the aforementioned reasons, at this time, NMFS retains the 
fishery as defined. As we continue to gather more data on whale 
occurrence and entanglements, NMFS will evaluate whether splitting out 
the Maine state waters trap/pot fishery from the broader Category I 
Northeast/Mid-Atlantic American lobster trap/pot fishery is 
appropriate.

Summary of Changes From the Proposed Rule

    Based on public comment, NMFS renames the Category III WA/OR Lower 
Columbia River (includes tributaries) drift gillnet fishery to the 
Category III WA/OR Lower Columbia River (includes tributaries) drift 
net fishery.

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 
reclassifies 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. 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 reclassifies the Category III Hawaii offshore pen culture 
fishery to Category II fishery.

Fishery Name and Organizational Changes and Clarification

    NMFS renames the Category III CA set gillnet (mesh size <3.5 in) 
fishery to the CA herring set gillnet fishery.
    NMFS renames the Category III CA pelagic longline fishery to the 
West Coast pelagic longline fishery.

Number of Vessels/Persons

    NMFS updates the estimated number of vessels/persons in the Pacific 
Ocean (Table 1) as follows:
Category I
     HI deep-set longline fishery from 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 adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS removes 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.
    NMFS removes 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.
    NMFS revises marine mammal stock names on the list of species/
stocks incidentally killed or injured for consistency with the current 
stock names in the SARs as follows:
Category II AK 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.

[[Page 16907]]

    Following consultation with the U.S. Fish and Wildlife Service, 
NMFS also revises marine mammal stock names on the list of species/
stocks incidentally killed or injured for consistency with the current 
stock names in the SARs as follows:
Category II 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 adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS corrects an administrative error and removes 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.
    NMFS corrects an administrative error and removes 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.

Commercial Fisheries on the High Seas

Number of Vessels/Persons

    NMFS updates the estimated number of HSFCA permits for high seas 
fisheries (Table 3) as follows:
Category I
     Atlantic highly migratory species longline fishery from 39 
to 30 HSFCA permits;
     Western Pacific pelagic (HI deep-set component) longline 
fishery from 143 to 150 HSFCA permits;
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 adds 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).
    NMFS removes 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).
    NMFS removes three stocks from the list of species/stocks 
incidentally killed or injured in the Category II Western Pacific 
Pelagic longline fishery (HI shallow-set component). The three 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.
    NMFS removes 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.
    NMFS revises 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

[[Page 16908]]

of the number of active participants in the fishery, when possible. If 
this information is not available, the estimated number of vessels or 
persons licensed for a particular fishery is provided. If no recent 
information is available on the number of participants, vessels, or 
persons licensed in a fishery, then the number from the most recent LOF 
is used for the estimated number of vessels or persons in the fishery. 
NMFS acknowledges that, in some cases, these estimates may be 
inflations of actual effort. For example, the State of Hawaii does not 
issue fishery-specific licenses, and the number of participants 
reported in the LOF represents the number of commercial marine license 
holders who reported using a particular fishing gear type/method at 
least once in a given year, without considering how many times the gear 
was used. For these fisheries, effort by a single participant is 
counted the same whether the fisherman used the gear only once or every 
day. In the Mid-Atlantic and New England fisheries, the numbers 
represent the potential effort for each fishery, given the multiple 
gear types for which several state permits may allow. Changes made to 
Mid-Atlantic and New England fishery participants will not affect 
observer coverage or bycatch estimates, as observer coverage and 
bycatch estimates are based on vessel trip reports and landings data. 
Tables 1 and 2 serve to provide a description of the fishery's 
potential effort (state and Federal). If NMFS is able to gather more 
accurate information on the gear types used by state permit holders in 
the future, the numbers will be updated to reflect this change. For 
additional information on fishing effort in fisheries found on Table 1 
or 2, contact the relevant regional office (contact information 
included above in the section: Where can I find more information about 
the LOF and the MMAP?).
    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
                                                        species and/or
       Fishery description         Estimated number         stocks
                                  of vessels/persons     incidentally
                                                       killed or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Longline/Set Line Fisheries:
    HI deep-set longline *        150...............  Bottlenose
     [caret].                                          dolphin, 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/swordfish   21................  Bottlenose
     drift gillnet (>=14 in                            dolphin, CA/OR/WA
     mesh) *.                                          offshore.
                                                      California sea
                                                       lion, U.S.
                                                      Dall's porpoise,
                                                       CA/OR/WA.
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Humpback whale, CA/
                                                       OR/WA.

[[Page 16909]]

 
                                                      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 and  39................  California sea
     other species set gillnet                         lion, U.S.
     (>3.5 in mesh).                                  Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Harbor seal, CA.
                                                      Humpback whale, CA/
                                                       OR/WA.\1\
                                                      Long-beaked common
                                                       dolphin, CA.
                                                      Northern elephant
                                                       seal, CA
                                                       breeding.
                                                      Southern sea
                                                       otter, CA.
                                                      Short-beaked
                                                       common dolphin,
                                                       CA/OR/WA.
    CA yellowtail, barracuda,     20................  California sea
     and white seabass drift                           lion, U.S.
     gillnet (mesh size >=3.5 in                      Long-beaked common
     and <14 in) \2\.                                  dolphin, CA.
                                                      Short-beaked
                                                       common dolphin,
                                                       CA/OR/WA.
    AK Bristol Bay salmon drift   1,862.............  Beluga whale,
     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 gillnet  188...............  Harbor porpoise,
                                                       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 drift    569...............  Beluga whale, Cook
     gillnet.                                          Inlet.
                                                      Dall's porpoise,
                                                       AK.
                                                      Harbor porpoise,
                                                       GOA.\1\
                                                      Harbor seal, GOA.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Peninsula/Aleutian         162...............  Dall's porpoise,
     Islands salmon drift                              AK.
     gillnet \2\.                                     Harbor porpoise,
                                                       GOA.
                                                      Harbor seal, GOA.
                                                      Northern fur seal,
                                                       Eastern Pacific.
    AK Peninsula/Aleutian         113...............  Harbor porpoise,
     Islands salmon set gillnet                        Bering Sea.
     \2\.                                             Northern sea
                                                       otter, Southwest
                                                       AK.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Prince William Sound       537...............  Dall's porpoise,
     salmon drift gillnet.                             AK.
                                                      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,
     gillnet.                                          AK.
                                                      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,
     gillnet \2\.                                      Eastern North
                                                       Pacific.
                                                      Harbor Porpoise,
                                                       Southeastern AK.
                                                      Harbor seal,
                                                       Southeast AK.
                                                      Humpback whale,
                                                       Central North
                                                       Pacific
                                                       (Southeast AK).
    WA Puget Sound Region salmon  136...............  Dall's porpoise,
     drift gillnet (includes all                       CA/OR/WA.
     inland waters south of US-                       Harbor porpoise,
     Canada border and eastward                        inland WA.\1\
     of the Bonilla-Tatoosh line-                     Harbor seal, WA
     Treaty Indian fishing is                          inland.
     excluded).

[[Page 16910]]

 
Trawl Fisheries:
    AK Bering Sea, Aleutian       32................  Bearded seal,
     Islands flatfish trawl.                           Beringia.
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Harbor porpoise,
                                                       Bering Sea.
                                                      Harbor seal,
                                                       Bristol Bay.
                                                      Humpback whale,
                                                       Western North
                                                       Pacific.\1\
                                                      Killer whale,
                                                       Eastern North
                                                       Pacific Alaska
                                                       resident.\1\
                                                      Killer whale,
                                                       Eastern North
                                                       Pacific GOA, AI,
                                                       BS transient.\1\
                                                      Northern fur seal,
                                                       Eastern Pacific.
                                                      Ringed seal,
                                                       Arctic.
                                                      Ribbon seal.
                                                      Spotted seal,
                                                       Bering.
                                                      Steller sea lion,
                                                       Western U.S.\1\
                                                      Walrus, AK.
    AK Bering Sea, Aleutian       102...............  Harbor seal,
     Islands pollock trawl.                            Bristol 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,
     Islands Pacific cod pot.                          Bristol 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,
     pot.                                              Eastern North
                                                       Pacific.
                                                      Humpback whale, CA/
                                                       OR/WA.\1\
Longline/Set Line Fisheries:
    AK Gulf of Alaska sablefish   295...............  Northern elephant
     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
     [caret].                                          dolphin, 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 \2\.  18................  False killer
                                                       whale, 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, Norton   1,778.............  Harbor porpoise,
     Sound, Kotzebue salmon                            Bering Sea.
     gillnet.
    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/bait  920...............  None documented.
     herring gillnet.
    CA herring set gillnet......  11................  None documented.
    HI inshore gillnet..........  27................  Bottlenose
                                                       dolphin, HI.
                                                      Spinner dolphin,
                                                       HI.
    WA Grays Harbor salmon drift  19................  Harbor seal, OR/WA
     gillnet (excluding treaty                         coast.
     Tribal fishing).
    WA/OR Mainstem Columbia       10................  None documented.
     River eulachon gillnet.

[[Page 16911]]

 
    WA/OR lower Columbia River    244...............  California sea
     (includes tributaries)                            lion, U.S.
     drift net.                                       Harbor seal, OR/WA
                                                       coast.
    WA Willapa Bay drift gillnet  57................  Harbor seal, OR/WA
                                                       coast.
                                                      Northern elephant
                                                       seal, CA
                                                       breeding.
Miscellaneous Net Fisheries:
    AK Cook Inlet salmon purse    83................  Humpback whale,
     seine.                                            Central North
                                                       Pacific.
    AK Kodiak salmon purse seine  376...............  Dall's porpoise,
                                                       AK.
                                                      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/bait  10................  None documented.
     herring beach seine.
    AK roe herring and food/bait  356...............  None documented.
     herring purse seine.
    AK salmon beach seine.......  31................  None documented.
    AK salmon purse seine         936...............  Harbor seal, GOA.
     (Prince William Sound,                           Harbor seal,
     Chignik, Alaska Peninsula).                       Prince William
                                                       Sound.
    WA/OR sardine purse seine...  6.................  None documented.
    CA anchovy, mackerel,         53................  California sea
     sardine purse seine.                              lion, U.S.
                                                      Harbor seal, CA.
    CA squid purse seine........  68................  California sea
                                                       lion, U.S.
                                                      Long-beaked common
                                                       dolphin, CA.
                                                      Risso's dolphin,
                                                       CA/OR/WA.
                                                      Short-beaked
                                                       common dolphin,
                                                       CA/OR/WA.
    CA tuna purse seine *.......  14................  None documented.
    WA/OR Lower Columbia River    1.................  None documented.
     salmon seine.
    WA/OR herring, anchovy,       41................  None documented.
     smelt, squid purse seine or
     lampara.
    WA salmon seine.............  81................  None documented.
    WA salmon reef net..........  11................  None documented.
    HI lift net.................  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 enhancement  13................  California sea
     net pens.                                         lion, U.S.
    WA salmon net pens..........  14................  California sea
                                                       lion, U.S.
                                                      Harbor seal, WA
                                                       inland waters.
    WA/OR shellfish aquaculture.  23................  None documented.
Troll Fisheries:
    WA/OR/CA albacore surface     556...............  None documented.
     hook and line/troll.
    CA halibut, white seabass,    388...............  None documented.
     and yellowtail hook and
     line/handline.
    CA/OR/WA non-albacore HMS     124...............  None documented.
     hook and line.
    AK Bering Sea, Aleutian       unknown...........  None documented.
     Islands groundfish hand
     troll and dinglebar troll.
    AK Gulf of Alaska groundfish  unknown...........  None documented.
     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 Northern  9.................  None documented.
     Mariana Islands tuna troll.
    Guam tuna troll.............  465...............  None documented.
Longline/Set Line Fisheries:
    AK Bering Sea, Aleutian       4.................  Killer whale, GOA,
     Islands Greenland turbot                          AI, BS transient.
     longline.
    AK Bering Sea, Aleutian       45................  Northern fur seal,
     Islands Pacific cod                               Eastern Pacific.
     longline.                                        Steller sea lion,
                                                       Western U.S.
    AK Bering Sea, Aleutian       22................  None documented.
     Islands sablefish longline.
    AK Bering Sea, Aleutian       127...............  Northern fur seal,
     Islands halibut longline.                         Eastern Pacific.
                                                      Sperm whale, North
                                                       Pacific.
    AK Gulf of Alaska halibut     855...............  Harbor seal,
     longline.                                         Clarence Strait.
                                                      Harbor seal, Cook
                                                       Inlet.
                                                      Steller sea lion,
                                                       Eastern U.S.
    AK Gulf of Alaska Pacific     92................  Harbor seal, Cook
     cod longline.                                     Inlet/Shelikof
                                                       Strait.
                                                      Steller sea lion,
                                                       Western U.S.
    AK octopus/squid longline...  3.................  None documented.
    AK state-managed waters       464...............  None documented.
     longline/setline (including
     sablefish, rockfish,
     lingcod, and miscellaneous
     finfish).
    WA/OR/CA groundfish,          314...............  Bottlenose
     bottomfish longline/set                           dolphin, CA/OR/WA
     line.                                             offshore.
                                                      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 longline.  4.................  None documented in
                                                       the most recent 5
                                                       years of data.
    HI kaka line................  6.................  None documented.

[[Page 16912]]

 
    HI vertical line............  5.................  None documented.
Trawl Fisheries:
    AK Bering Sea, Aleutian       13................  Harbor seal,
     Islands Atka mackerel trawl.                      Aleutian Islands.
                                                      Northern elephant
                                                       seal, California.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Bering Sea, Aleutian       72................  Bearded seal, AK.
     Islands Pacific cod trawl.                       Ribbon seal.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Bering Sea, Aleutian       17................  Harbor seal,
     Islands rockfish trawl.                           Aleutian Islands.
                                                      Ribbon seal.
    AK Gulf of Alaska flatfish    36................  Harbor seal, Cook
     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.
    Alaska pollock trawl........  67................  Steller sea lion,
                                                       Western U.S.
    AK Gulf of Alaska rockfish    43................  Steller sea lion,
     trawl.                                            Western U.S.
    AK Kodiak food/bait herring   4.................  None documented.
     otter trawl.
    AK shrimp otter trawl and     38................  None documented.
     beam trawl.
    AK state-managed waters of    2.................  None documented.
     Prince William Sound
     groundfish trawl.
    CA halibut bottom trawl.....  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 pot..  271...............  None documented.
    AK Gulf of Alaska Pacific     116...............  None documented in
     cod pot.                                          most recent 5
                                                       years of data.
    AK Gulf of Alaska sablefish   248...............  None documented.
     pot.
    AK Southeast Alaska crab pot  375...............  Humpback whale,
                                                       Central North
                                                       Pacific
                                                       (Southeast AK).
    AK Southeast Alaska shrimp    99................  Humpback whale,
     pot.                                              Central North
                                                       Pacific
                                                       (Southeast AK).
    AK shrimp pot, except         141...............  None documented.
     Southeast.
    AK octopus/squid pot........  15................  None documented.
    CA rock crab pot............  113...............  Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Harbor seal, CA.
    CA Tanner crab pot fishery..  1.................  None documented.
    WA/OR/CA hagfish pot........  63................  None documented.
    WA/OR shrimp pot/trap.......  28................  None documented.
    WA Puget Sound Dungeness      145...............  None documented.
     crab pot/trap.
    HI crab trap................  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 groundfish  214...............  None documented in
     jig.                                              most recent 5
                                                       years of data.
    AK halibut jig..............  71................  None documented.
    American Samoa bottomfish...  6.................  None documented.
    Commonwealth of the Northern  12................  None documented.
     Mariana Islands bottomfish.
    Guam bottomfish.............  84................  None documented.
    HI aku boat, pole, and line.  None recorded.....  None documented.
    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/finfish   689...............  California sea
     hook and line.                                    lion, 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.

[[Page 16913]]

 
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.


 Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
                      Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
                                                         Marine mammal
                                                        species and/or
       Fishery description         Estimated number         stocks
                                  of vessels/persons     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,
     American lobster trap/pot.                        Gulf of Maine.
                                                      Minke whale,
                                                       Canadian east
                                                       coast.
                                                      North Atlantic
                                                       right whale,
                                                       WNA.\1\
Longline Fisheries:
    Atlantic Ocean, Caribbean,    201...............  Atlantic spotted
     Gulf of Mexico large                              dolphin, Northern
     pelagics longline *.                              GMX.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GMX oceanic.
                                                      Bottlenose
                                                       dolphin, WNA
                                                       offshore.
                                                      Common dolphin,
                                                       WNA.
                                                      Cuvier's beaked
                                                       whale, WNA.

[[Page 16914]]

 
                                                      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
     gillnet \2\.                                      dolphin, unknown
                                                       (Northern
                                                       migratory coastal
                                                       or Southern
                                                       migratory
                                                       coastal).
    Gulf of Mexico gillnet \2\..  248...............  Bottlenose
                                                       dolphin, Eastern
                                                       GMX coastal.
                                                      Bottlenose
                                                       dolphin, GMX bay,
                                                       sound, and
                                                       estuarine.
                                                      Bottlenose
                                                       dolphin, Mobile
                                                       Bay, Bonsecour
                                                       Bay.
                                                      Bottlenose
                                                       dolphin, 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.
    Northeast drift gillnet \2\.  1,036.............  None documented.
    Southeast Atlantic gillnet    273...............  Bottlenose
     \2\.                                              dolphin, Central
                                                       FL coastal.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       FL coastal.
                                                      Bottlenose
                                                       dolphin, SC/GA
                                                       coastal.
                                                      Bottlenose
                                                       dolphin, Southern
                                                       migratory
                                                       coastal.
    Southeastern U.S. Atlantic    21................  Bottlenose
     shark gillnet.                                    dolphin, unknown
                                                       (Central FL,
                                                       Northern FL, SC/
                                                       GA coastal, or
                                                       Southern
                                                       migratory
                                                       coastal).
                                                      North Atlantic
                                                       right whale, WNA.
Trawl Fisheries:
    Mid-Atlantic mid-water trawl  320...............  Bottlenose
     (including pair trawl).                           dolphin, WNA
                                                       offshore.
                                                      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,
     (including pair trawl).                           WNA.
                                                      Gray seal, WNA.
                                                      Harbor seal, WNA.
                                                      Long-finned pilot
                                                       whale, WNA.\1\
    Northeast bottom trawl......  968...............  Bottlenose
                                                       dolphin, WNA
                                                       offshore.\1\
                                                      Common dolphin,
                                                       WNA.
                                                      Gray seal, WNA.\1\
                                                      Harbor porpoise,
                                                       GME/BF.
                                                      Harbor seal, WNA.
                                                      Harp seal, WNA.
                                                      Long-finned pilot
                                                       whale, WNA.\1\
                                                      Risso's dolphin,
                                                       WNA.\1\
                                                      White-sided
                                                       dolphin, WNA.\1\
    Southeastern U.S. Atlantic,   10,824............  Atlantic spotted
     Gulf of Mexico shrimp trawl.                      dolphin, Northern
                                                       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.

[[Page 16915]]

 
    Southeastern U.S. Atlantic,   1,101.............  Bottlenose
     Gulf of Mexico stone crab                         dolphin, Biscayne
     trap/pot \2\.                                     Bay 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 trap/  3,493.............  Fin whale, WNA.
     pot \2\.                                         Humpback whale,
                                                       Gulf of Maine.
    Atlantic blue crab trap/pot.  6,679.............  Bottlenose
                                                       dolphin, Central
                                                       FL coastal.
                                                      Bottlenose
                                                       dolphin, Central
                                                       GA estuarine
                                                       system.\1\
                                                      Bottlenose
                                                       dolphin,
                                                       Charleston
                                                       estuarine
                                                       system.\1\
                                                      Bottlenose
                                                       dolphin, Indian
                                                       River Lagoon
                                                       estuarine system.
                                                      Bottlenose
                                                       dolphin,
                                                       Jacksonville
                                                       estuarine system.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       FL coastal.\1\
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GA/Southern SC
                                                       estuarine system.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       Migratory
                                                       coastal.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       NC estuarine
                                                       system.\1\
                                                      Bottlenose
                                                       dolphin, Northern
                                                       SC estuarine
                                                       system.
                                                      Bottlenose
                                                       dolphin, SC/GA
                                                       coastal.
                                                      Bottlenose
                                                       dolphin, Southern
                                                       GA estuarine
                                                       system.
                                                      Bottlenose
                                                       dolphin, Southern
                                                       Migratory
                                                       coastal.\1\
                                                      Bottlenose
                                                       dolphin, Southern
                                                       NC estuarine
                                                       system.
                                                      West Indian
                                                       manatee, FL.
Purse Seine Fisheries:
    Gulf of Mexico menhaden       40-42.............  Bottlenose
     purse seine.                                      dolphin, 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 purse   17................  Bottlenose
     seine\2\.                                         dolphin, Northern
                                                       Migratory
                                                       coastal.
                                                      Bottlenose
                                                       dolphin, Southern
                                                       Migratory
                                                       coastal.
Haul/Beach Seine Fisheries:
    Mid-Atlantic haul/beach       359...............  Bottlenose
     seine.                                            dolphin, 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 Monomoy   unknown...........  None documented in
     Island), and NY Bight                             the most recent 5
     (Raritan and Lower NY Bays)                       years of data.
     inshore gillnet.
    Southeast Atlantic inshore    unknown...........  Bottlenose
     gillnet.                                          dolphin, Northern
                                                       SC estuarine
                                                       system.
Trawl Fisheries:
    Atlantic shellfish bottom     >58...............  None documented.
     trawl.
    Gulf of Mexico butterfish     2.................  Bottlenose
     trawl.                                            dolphin, Northern
                                                       GMX oceanic.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GMX continental
                                                       shelf.
    Gulf of Mexico mixed species  20................  None documented.
     trawl.
    GA cannonball jellyfish       1.................  Bottlenose
     trawl.                                            dolphin, 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 purse  >2................  None documented.
     seine.
    FL West Coast sardine purse   10................  None documented.
     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,
     Atlantic tuna, shark,                             Gulf of Maine.
     swordfish hook-and-line/
     harpoon.
    Southeastern U.S. Atlantic,   >5,000............  Bottlenose
     Gulf of Mexico, and                               dolphin, GMX
     Caribbean snapper-grouper                         continental
     and other reef fish bottom                        shelf.
     longline/hook-and-line.

[[Page 16916]]

 
    Southeastern U.S. Atlantic,   39................  Bottlenose
     Gulf of Mexico shark bottom                       dolphin, Eastern
     longline/hook-and-line.                           GMX coastal.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GMX continental
                                                       shelf.
    Southeastern U.S. Atlantic,   680...............  None documented.
     Gulf of Mexico, and
     Caribbean pelagic hook-and-
     line/harpoon.
    U.S. Atlantic, Gulf of        unknown...........  Bottlenose
     Mexico trotline.                                  dolphin,
                                                       Galveston Bay,
                                                       East Bay, Trinity
                                                       Bay.
Trap/Pot Fisheries:
    Caribbean mixed species trap/ 154...............  Bottlenose
     pot.                                              dolphin, Puerto
                                                       Rico and United
                                                       States Virgin
                                                       Islands.
    Caribbean spiny lobster trap/ 40................  None documented.
     pot.
    FL spiny lobster trap/pot...  1,268.............  Bottlenose
                                                       dolphin, Biscayne
                                                       Bay estuarine.
                                                       Bottlenose
                                                       dolphin, Central
                                                       FL coastal.
                                                      Bottlenose
                                                       dolphin, Eastern
                                                       GMX coastal.
                                                      Bottlenose
                                                       dolphin, FL Bay
                                                       estuarine.
                                                      Bottlenose
                                                       dolphin, FL Keys.
    Gulf of Mexico blue crab      4,113.............  Bottlenose
     trap/pot.                                         dolphin,
                                                       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 species  unknown...........  None documented.
     trap/pot.
    Southeastern U.S. Atlantic,   10................  None documented.
     Gulf of Mexico golden crab
     trap/pot.
    U.S. Mid-Atlantic eel trap/   unknown...........  None documented.
     pot.
Stop Seine/Weir/Pound Net/
 Floating Trap/Fyke Net
 Fisheries:
    Gulf of Maine herring and     >1................  Harbor porpoise,
     Atlantic mackerel stop                            GME/BF.
     seine/weir.                                      Harbor seal, WNA.
                                                      Minke whale,
                                                       Canadian east
                                                       coast.
                                                      Atlantic white-
                                                       sided dolphin,
                                                       WNA.
    U.S. Mid-Atlantic crab stop   2,600.............  None documented.
     seine/weir.
    U.S. Mid-Atlantic mixed       unknown...........  Bottlenose
     species stop seine/weir/                          dolphin, Northern
     pound net (except the NC                          NC estuarine
     roe mullet stop net).                             system.
    RI floating trap............  9.................  None documented.
    Northeast and Mid-Atlantic    unknown...........  None documented.
     fyke net.
Dredge Fisheries:
    Gulf of Maine sea urchin      unknown...........  None documented.
     dredge.
    Gulf of Maine mussel dredge.  unknown...........  None documented.
    Gulf of Maine, U.S. Mid-      >403..............  None documented.
     Atlantic sea scallop dredge.
    Mid-Atlantic blue crab        unknown...........  None documented.
     dredge.
    Mid-Atlantic soft-shell clam  unknown...........  None documented.
     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-Atlantic  unknown...........  None documented.
     offshore surf clam/quahog
     dredge.
Haul/Beach Seine Fisheries:
    Caribbean haul/beach seine..  38................  West Indian
                                                       manatee, Puerto
                                                       Rico.
    Gulf of Mexico haul/beach     unknown...........  None documented.
     seine.
    Southeastern U.S. Atlantic    25................  None documented.
     haul/beach seine.
Dive, Hand/Mechanical Collection
 Fisheries:
    Atlantic Ocean, Gulf of       20,000............  None documented.
     Mexico, Caribbean shellfish
     dive, hand/mechanical
     collection.
    Gulf of Maine urchin dive,    unknown...........  None documented.
     hand/mechanical collection.
    Gulf of Mexico, Southeast     unknown...........  None documented.
     Atlantic, Mid-Atlantic, and
     Caribbean cast net.
Commercial Passenger Fishing
 Vessel (Charter Boat)
 Fisheries:
    Atlantic Ocean, Gulf of       4,000.............  Bottlenose
     Mexico, Caribbean                                 dolphin,
     commercial passenger                              Barataria Bay
     fishing vessel.                                   estuarine system.
                                                      Bottlenose
                                                       dolphin, Biscayne
                                                       Bay estuarine.
                                                      Bottlenose
                                                       dolphin, Central
                                                       FL coastal.
                                                      Bottlenose
                                                       dolphin,
                                                       Choctawhatchee
                                                       Bay.
                                                      Bottlenose
                                                       dolphin, Eastern
                                                       GMX coastal.
                                                      Bottlenose
                                                       dolphin, FL Bay.
                                                      Bottlenose
                                                       dolphin, GMX bay,
                                                       sound, estuarine.
                                                      Bottlenose
                                                       dolphin, Indian
                                                       River Lagoon
                                                       estuarine system.
                                                      Bottlenose
                                                       dolphin,
                                                       Jacksonville
                                                       estuarine system.
                                                      Bottlenose
                                                       dolphin,
                                                       Mississippi
                                                       Sound, Lake
                                                       Borgne, Bay
                                                       Boudreau.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       FL coastal.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GA/Southern SC
                                                       estuarine.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GMX coastal.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       migratory
                                                       coastal.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       NC estuarine.
                                                      Bottlenose
                                                       dolphin, Southern
                                                       migratory
                                                       coastal.
                                                      Bottlenose
                                                       dolphin, Southern
                                                       NC estuarine
                                                       system.
                                                      Bottlenose
                                                       dolphin, SC/GA
                                                       coastal.
                                                      Bottlenose
                                                       dolphin, Western
                                                       GMX coastal.
                                                      Short-finned pilot
                                                       whale, WNA.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2:

[[Page 16917]]

 
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       species and/or
        Fishery description          HSFCA 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 (HI                150  Bottlenose dolphin,
     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 Pacific                 34  Bottlenose dolphin,
     Ocean Tuna Purse Seine.                         unknown.
                                                    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.
                                                    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 Troll..               8  No information.
    Western Pacific Pelagic (HI                 14  Bottlenose dolphin,
     Shallow-set component) *                        HI Pelagic.
     [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 Troll..               7  No information.
    Western Pacific Pelagic.......               1  No information.
Troll Fisheries:

[[Page 16918]]

 
    Atlantic Highly Migratory                    0  No information.
     Species.
    South Pacific Albacore Troll..              24  No information.
    South Pacific Tuna Fisheries                 0  No information.
     **.
    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.
                                            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          Category I:
 Plan(PLTRP)--50 CFR 229.36.             Atlantic Ocean, Caribbean, Gulf
                                          of Mexico large pelagics
                                          longline.
Pacific Offshore Cetacean Take           Category II:
 Reduction Plan (POCTRP)--50 CFR 229.31. CA thresher shark/swordfish
                                          drift gillnet (>=14 in mesh).

[[Page 16919]]

 
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 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) at the proposed rule stage that this rule would 
not have a significant economic impact on a substantial number of small 
entities. No comments were received on that certification, and no new 
information has been discovered to change that conclusion. Accordingly, 
no regulatory flexibility analysis is required, and none has been 
prepared.
    This rule contains existing collection-of-information (COI) 
requirements subject to the Paperwork Reduction Act and would not 
impose additional or new COI requirements. The COI for the registration 
of individuals under the MMPA has been approved by the OMB under OMB 
Control Number 0648-0293 (0.15 hours per report for new registrants). 
The requirement for reporting marine mammal mortalities or injuries has 
been approved by OMB under OMB Control Number 0648-0292 (0.15 hours per 
report). These estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the COI. Send comments regarding 
these reporting burden estimates or any other aspect of the COI, 
including suggestions for reducing burden, to NMFS (see ADDRESSES). You 
may also submit comments on these or any other aspects of the 
collection of information at 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 rule has been determined to be not significant for the 
purposes of Executive Orders 12866 and 13563.
    In accordance with the Companion Manual for NOAA Administrative 
Order (NAO) 216-6A, NMFS determined that publishing this LOF qualifies 
to be categorically excluded from further NEPA review, consistent with 
categories of activities identified in Categorical Exclusion G7 
(``Preparation of policy directives, rules, regulations, and guidelines 
of an administrative, financial, legal, technical, or procedural 
nature, or for which the environmental effects are too broad, 
speculative or conjectural to lend themselves to meaningful analysis 
and will be subject later to the NEPA process, either collectively or 
on a case-by-case basis'') of the Companion Manual and we have not 
identified any extraordinary circumstances listed in Chapter 4 of the 
Companion Manual for NAO 216-6A that would preclude application of this 
categorical exclusion. If NMFS takes a management action, for example, 
through the development of a TRP, NMFS would first prepare an 
Environmental Impact Statement or Environmental Assessment, as required 
under NEPA, specific to that action.
    This rule would not affect species listed as threatened or 
endangered under the ESA or their associated critical habitat. The 
impacts of numerous fisheries have been analyzed in various biological 
opinions, and this rule will not affect the conclusions of those 
opinions. The classification of fisheries on the LOF is not considered 
to be a management action that would adversely affect threatened or 
endangered species. If NMFS takes a management action, for example, 
through the development of a TRP, NMFS would consult under ESA section 
7 on that action.
    This rule would have no adverse impacts on marine mammals and may 
have a positive impact on marine mammals by improving knowledge of 
marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This rule would not affect the land or water uses or natural 
resources of the coastal zone, as specified under section 307 of the 
Coastal Zone Management Act.

References

Baird, R.W., S.D. Mahaffy, A.M. Gorgone, T. Cullins, D.J. McSweeney, 
E.M. Oelson, A.L. Bradford, J. Barlow, D.L. Webster. 2014. False 
Killer Whales and Fisheries Interaction in Hawaiian Waters: Evidence 
for Sex Bias and Variation Among Populations and Social Groups. 
Marine Mammal Science 31(2): 579-590.
Bradford, A.L., E.M. Oleson, R.W. Baird, C.H. Boggs, K.A. Forney, 
and N.C. Young. 2015. Revised stock boundaries for false killer 
whales (Pseudorca crassidens) in Hawaiian waters. U.S. Department. 
Commerce, NOAA Technical Memorandum. NOAA-NMFS-PIFSC-47, 29p.
National Marine Fisheries Service (NMFS). 2021. Final Environmental 
Impact Statement, Regulatory Impact Review, and Final Regulatory 
Flexibility Analysis for Amending the Atlantic Large Whale Take 
Reduction Plan: Risk Reduction Rule.
Northeast Fisheries Science Center (NEFSC). 2022. North Atlantic 
Right Whale Passive Acoustic Detections Report: January-June 2021.
Pace, R.M., R. Williams, S.D. Kraus, A.R. Knowlton, and H.M. Pettis. 
2021. Cryptic mortality of North Atlantic Right Whales. Conservation 
Science and Practice: 3(2).
Passive Acoustic Cetacean Map (PACM). 2022. Woods Hole (MA): NOAA 
Northeast Fisheries Science Center v1.1.2. Nov 7, 2022. https://apps-nefsc.fisheries.noaa.gov/pacm.
Van Parijs, S.M., K. Baker, J. Carduner, J. Daly, G.E. Davis, C. 
Esch et al. 2021. NOAA and BOEM Minimum Recommendations for Use of 
Passive Acoustic Listening Systems in Offshore Wind Energy 
Development Monitoring and Mitigation programs. Frontiers in Marine 
Science: 8.

    Dated: March 16, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-05762 Filed 3-20-23; 8:45 am]
BILLING CODE 3510-22-P