[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Proposed Rules]
[Pages 62748-62769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19721]



[[Page 62748]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 230907-0213]
RIN 0648-BM19


List of Fisheries for 2024

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

ACTION: Proposed rule; request for comment.

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SUMMARY: The NMFS publishes its proposed List of Fisheries (LOF) for 
2024, as required by the Marine Mammal Protection Act (MMPA). The LOF 
for 2024 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 those on registration, observer 
coverage, and take reduction plan (TRP) requirements.

DATES: Comments must be received by October 13, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0042, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2023-0042 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Chief, Marine Mammal and Sea Turtle Conservation Division, 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter N/A in the required fields if you wish to remain 
anonymous).

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

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

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

Fishery Classification Criteria

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

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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 2024 LOF 
generally summarizes data from 2016-2020. 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 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

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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/or printed at: 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate. Printed copies can be mailed upon request by 
contacting [email protected] or 978-281-9120.
    Vessel or gear owners who participate in fisheries in these regions 
and have not received authorization certificates by the beginning of 
the calendar year, or with renewed fishing licenses, must contact the 
appropriate NMFS Regional Office (see FOR FURTHER INFORMATION CONTACT). 
Authorization certificates may also be obtained by visiting the MMAP 
website https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate.
    The authorization certificate, or a copy, must be on board the 
vessel while it is operating in a Category I or II fishery, or for non-
vessel fisheries, in the possession of the person in charge of the 
fishing operation (50 CFR 229.4(e)). Although efforts are made to limit 
the issuance of authorization certificates to only those vessel or gear 
owners that participate in Category I or II fisheries, not all state 
and Federal license or permit systems distinguish between fisheries as 
classified by the LOF. Therefore, some vessel or gear owners in 
Category III fisheries may receive authorization certificates even 
though they are not required for Category III fisheries.
    Individuals fishing in Category I and II fisheries for which no 
state or Federal license or permit is required must register with NMFS 
by contacting their appropriate Regional Office (see ADDRESSES).

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

    In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6, 
any vessel owner or operator, or gear owner or operator (in the case of 
non-vessel fisheries), participating in a fishery listed on the LOF 
must report to NMFS all incidental mortalities and injuries of marine 
mammals that occur during commercial fishing operations, regardless of 
the category in which the fishery is placed (I, II, or III) within 48 
hours of the end of the fishing trip or, in the case of non-vessel 
fisheries, fishing activity. ``Injury'' is defined in 50 CFR 229.2 as a 
wound or other physical harm. In addition, any animal that ingests 
fishing gear or any animal that is released with fishing gear 
entangling, trailing, or perforating any part of the body is considered 
injured, regardless of the presence of any wound or other evidence of 
injury, and must be reported.

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    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. 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 2024 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 2024 was based on, among other things, stranding data; 
fishermen self-reports; and SARs, primarily the 2022 SARs, which are 
based on data from 2016-2020. The SARs referenced in this LOF include: 
2021 (87 FR 47385, August 3, 2022) and 2022 (88 FR 54592, August 11, 
2023). The SARs are available at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region.

Request for Public Input on Aquaculture Fishery Descriptions

    As information on risks to marine mammals from aquaculture remains 
limited, NMFS is soliciting public comment to inform how we evaluate 
the potential risk to marine mammals from aquaculture operations for 
future LOFs. Specifically, we are requesting information on the 
following in both state and Federal waters in the Atlantic, Caribbean 
and Pacific:
    1. Incidences of marine mammal interactions with aquaculture gear, 
including details of where and when these interactions occurred, the 
gear type(s) involved, and whether or not mortality and/or injury 
occurred.
    2. Gear characteristics, operational practices used (e.g., 
anchoring systems, deterrence technologies to avoid interactions), and 
temporal and spatial variation in aquaculture operations.
    3. Practical ways of grouping different aquaculture gears into a 
single fishery, such as grouping according to regional differences and/
or operational and/or gear characteristics (e.g., if similar gears are 
used to farm shellfish and macroalgae, both target species should be 
listed under the same fishery).
    4. How integrated multi-trophic aquaculture (the cooperative 
cultivation of multiple organisms occupying different trophic levels) 
should be characterized. For example, whether multi-trophic aquaculture 
should be classified holistically as a separate fishery, or by the gear 
type that presents the highest risk amongst the gear types that are 
being used.

Summary of Changes to the LOF for 2024

    The following summarizes changes to the LOF for 2024, 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. In the 
2022 Pacific and Alaska SARs, stock structure for humpback whales and 
the Southeast Alaska harbor porpoise were revised, respectively. The 
three existing North Pacific humpback whale stocks (Central North 
Pacific, Western North Pacific and CA/OR/WA) were replaced by five 
stocks: (1) Western North Pacific, (2) Hawai'i, (3) Mexico-North 
Pacific, (4) Central America/Southern Mexico CA/OR/WA and (5) Mainland 
Mexico-CA/OR/WA (Young et al., 2023, Carretta et

[[Page 62752]]

al., 2023). The Southeast Alaska harbor porpoise stock was revised and 
split into three stocks: (1) the Northern Southeast Alaska inland 
waters, (2) Southern Southeast Alaska inland waters, and (3) Yakutat/
Southeast Alaska offshore waters (Young et al., 2023). Changes to the 
LOF for 2024 based on these revised stock structures are summarized 
below.
    NMFS adds one fishery, removes six fisheries and reclassifies four 
fisheries in the LOF for 2024. 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 2024 are identical to those provided in 
the LOF for 2023, except for the changes discussed below. State and 
regional abbreviations used in the following paragraphs include: AK 
(Alaska), CA (California), FL (Florida), GA (Georgia), HI (Hawaii), NC 
(North Carolina), OR (Oregon), SC (South Carolina), WA (Washington) and 
WNA (Western North Atlantic).

Commercial Fisheries in the Pacific Ocean

Classification of Fisheries

    NMFS proposes to reclassify the Category II AK Southeast salmon 
drift gillnet fishery to a Category I fishery based on M/SI of the 
Southern Southeast Alaska inland waters stock of harbor porpoise. Mean 
annual estimated M/SI of the Southern Southeast Alaska inland waters 
stock of harbor porpoise in the AK Southeast salmon drift gillnet 
fishery is 7.4 which is 121 percent of the stock's PBR (6.1) (Young et 
al., 2023). Therefore, because the estimated M/SI is greater than or 
equal to 50 percent of PBR (Tier 2 analysis), NMFS proposes to 
reclassify the AK Southeast salmon drift gillnet fishery from a 
Category II to a Category I fishery.
    NMFS proposes to reclassify the Category II CA Dungeness crab pot 
fishery to a Category I fishery based on M/SI of the Central America/
Southern Mexico-CA/OR/WA stock of humpback whale. Mean annual estimated 
M/SI of the Central America/Southern Mexico-CA/OR/WA stock of humpback 
whale is 2.01 which is 57 percent of the stock's PBR (3.5 whales) 
(Carretta et al., 2023). Therefore, because the estimated M/SI is 
greater than or equal to 50 percent of PBR, NMFS proposes to reclassify 
the CA Dungeness crab pot fishery from a Category II to a Category I 
fishery.
    NMFS proposes to reclassify the Category II AK Bering Sea, Aleutian 
Islands Pacific cod pot fishery to a Category III fishery. The Category 
II classification of this fishery was based on the mean annual 
estimated M/SI of the Western North Pacific stock of humpback whale. 
Total annual fishery M/SI for the Western North Pacific stock of 
humpback whale is 0.012 and PBR for the stock is 0.2 (Young et al., 
2023). A Tier 1 analysis indicates total annual M/SI for the Western 
North Pacific stock of humpback whale is six percent of PBR. Therefore, 
since total cumulative fishery M/SI is less than 10 percent for the 
Western North Pacific stock of humpback whale and no other stocks are 
driving the Category II classification of this fishery, NMFS proposes 
to reclassify the AK Bering Sea, Aleutian Islands Pacific cod pot 
fishery to a Category III fishery.

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to combine the Category III AK Dungeness crab fishery 
with the Category III AK miscellaneous invertebrates handpick fishery. 
These two fisheries are prosecuted in the same way and generally at the 
same time.
    NMFS proposes to remove the Category III AK roe herring and food/
bait herring beach seine fishery from the LOF because there are no 
participants in this fishery.
    NMFS proposes to remove the Category III AK state-managed waters of 
Prince William Sound groundfish trawl fishery. This fishery is included 
in the Category III AK Gulf of Alaska trawl fisheries.
    NMFS proposes to remove the Category III AK Bering Sea, Aleutian 
Islands groundfish hand troll and dinglebar troll fishery from the LOF 
because there are no participants in this fishery.
    NMFS proposes to remove the Category III AK herring spawn on kelp 
dive hand/mechanical collection fishery from the LOF because there are 
no participants in this fishery.
    NMFS proposes to add the superscript ``1'' to the southern 
Southeast Alaska inland waters stocks of harbor porpoise to indicate 
the stock is driving the Category I classification of the AK Southeast 
salmon drift gillnet fishery.
    NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stocks of humpback whale to indicate the stock 
is driving the Category I classification of the CA Dungeness crab pot 
fishery. NMFS also proposes to remove the superscript ``1'' from 
Eastern North Pacific stock of blue whale to indicate the stock is not 
driving the Category I classification of the CA Dungeness crab pot 
fishery.
    NMFS proposes to remove the superscript ``1'' from the CA/OR/WA 
stock of minke whale to indicate the stock is no longer driving the 
Category II classification of the CA thresher shark/swordfish drift 
gillnet (>=14 inch (in) mesh) fishery.
    NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stock of humpback whale to indicate the stock 
is driving the Category II classification of the CA halibut/white 
seabass and other species set gillnet (>3.5 in mesh) fishery.
    NMFS proposes to add the superscript ``2'' to the Category II AK 
Cook Inlet salmon set gillnet fishery to indicate this fishery is 
classified by analogy. This fishery was originally classified by 
analogy to other Category II Alaska gillnet fisheries on the 1996 LOF 
(60 FR 67063, December 28, 1995).
    NMFS proposes to remove the superscript ``2'' from the Category II 
AK Yakutat salmon set gillnet fishery to indicate this fishery is not 
classified by analogy to other Category II gillnet fisheries. Alaska 
marine mammal observer program (AMMOP) bycatch data is used to estimate 
incidental M/SI in this fishery. NMFS also proposes to add the 
superscript ``1'' to the Yakutat/Southeast Alaska offshore waters stock 
of harbor porpoise to indicate the stock is driving the Category II 
classification of the AK Yakutat salmon set gillnet fishery.
    NMFS proposes to remove the superscript ``1'' from both the Eastern 
North Pacific Alaska resident stock of killer whale and Western North 
Pacific stock of humpback whale to indicate the stocks are no longer 
driving the Category II classification of the AK Bering Sea, Aleutian 
Islands flatfish trawl fishery.
    NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stock of humpback whale to indicate the stock 
is driving the Category II classification of the CA coonstripe shrimp 
pot fishery.
    NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stock of humpback whale to indicate the stock 
is driving the Category II classification of the CA spiny lobster 
fishery.
    NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stock of humpback whale to indicate the stock 
is driving the Category II classification of the CA spot prawn pot 
fishery.
    NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stock of humpback whale to indicate the stock 
is driving the Category II classification of the OR Dungeness crab pot 
fishery.

[[Page 62753]]

    NMFS proposes to add the superscript ``1'' to both the Central 
America/Southern Mexico-CA/OR/WA and Mainland Mexico-CA/OR/WA stocks of 
humpback whale to indicate the stocks are driving the Category II 
classification of the WA/OR/CA sablefish pot fishery.
    NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stock of humpback whale to indicate the stock 
is driving the Category II classification of the WA coastal Dungeness 
crab pot fishery.
    NMFS proposes to add the superscript ``1'' to the North Pacific 
stock of sperm whale to indicate the stock is driving the Category II 
classification of the AK Gulf of Alaska sablefish longline fishery.

Number of Vessels/Persons

    NMFS proposes to update the estimated number of vessels/persons in 
the Pacific Ocean (table 1) as follows:
Category I
     HI deep-set longline fishery from 150 to 146 vessels/
persons;
     AK Southeast salmon drift gillnet fishery from 474 to 371 
vessels/persons;
Category II
     AK Bristol Bay salmon drift gillnet fishery from 1,862 to 
1,521 vessels/persons;
     AK Bristol Bay salmon set gillnet fishery from 979 to 855 
vessels/persons;
     AK Kodiak salmon set gillnet fishery from 188 to 128 
vessels/persons;
     AK Cook Inlet salmon set gillnet fishery from 736 to 479 
vessels/persons;
     AK Cook Inlet salmon drift gillnet fishery from 569 to 355 
vessels/persons;
     AK Peninsula/Aleutian Islands salmon drift gillnet fishery 
from 162 to 148 vessels/persons;
     AK Peninsula/Aleutian Islands salmon set gillnet fishery 
from 113 to 75 vessels/persons;
     AK Prince William Sound salmon drift gillnet fishery from 
537 to 483 vessels/persons;
     AK Yakutat salmon set gillnet fishery from 168 to 95 
vessels/persons;
     AK Bering Sea, Aleutian Islands flatfish trawl fishery 
from 32 to 29 vessels/persons;
     AK Bering Sea, Aleutian Islands pollock trawl fishery from 
102 to 116 vessels/persons;
     AK Gulf of Alaska sablefish longline fishery from 295 to 
177 vessels/persons;
     American Samoa longline fishery from 18 to 11 vessels/
persons;
     HI shortline fishery from 11 to 8 vessels/persons;
Category III
     AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet 
fishery from 1,778 to 360 vessels/persons;
     AK Prince William Sound salmon set gillnet fishery from 29 
to 25 vessels/persons;
     AK roe herring and food/bait herring gillnet fishery from 
920 to 15 vessels/persons;
     HI inshore gillnet fishery form 27 to 26 vessels/persons;
     AK Cook Inlet salmon purse seine fishery from 83 to 16 
vessels/persons;
     AK Kodiak salmon purse seine fishery from 376 to 159 
vessels/persons;
     AK Southeast salmon purse seine fishery from 315 to 206 
vessels/persons;
     AK roe herring and food/bait herring purse seine fishery 
from 356 to 31 vessels/persons;
     AK salmon beach seine fishery from 31 to 2 vessels/
persons;
     AK salmon purse seine (Prince William Sound, Chignik, 
Alaska Peninsula) fishery from 936 to 298 vessels/persons;
     HI throw net, cast net fishery from 16 to 13 vessels/
persons;
     HI seine net fishery from 16 to 17 vessels/persons;
     AK Gulf of Alaska groundfish hand troll and dinglebar 
troll fishery from unknown to 4 vessels/persons;
     AK salmon troll fishery from 1,908 to 850 vessels/persons;
     American Samoa tuna troll fishery from 3 to 6 vessels/
persons;
     HI troll fishery from 1,293 to 1,124 vessels/persons;
     HI rod and reel fishery from 246 to 235 vessels/persons;
     Guam tuna troll fishery from 465 to 450 vessels/persons;
     AK Bering Sea, Aleutian Islands Pacific cod longline 
fishery from 45 to 26 vessels/persons;
     AK Bering Sea, Aleutian Islands sablefish longline fishery 
from 22 to 8 vessels/persons;
     AK Bering Sea, Aleutian Islands halibut longline fishery 
from 127 to 84 vessels/persons;
     AK Gulf of Alaska halibut longline fishery from 855 to 689 
vessels/persons;
     AK Gulf of Alaska Pacific cod longline fishery from 92 to 
23 vessels/persons;
     AK octopus/squid longline fishery from 3 to 0 vessels/
persons;
     HI kaka line fishery from 16 to 17 vessels/persons;
     HI vertical line fishery from 5 to 6 vessels/persons;
     AK Bering Sea, Aleutian Islands Atka mackerel trawl 
fishery from 13 to 17 vessels/persons;
     AK Bering Sea, Aleutian Islands Pacific cod trawl fishery 
from 72 to 64 vessels/persons;
     AK Bering Sea, Aleutian Islands rockfish trawl fishery 
from 17 to 22 vessels/persons;
     AK Gulf of Alaska flatfish trawl fishery from 36 to 16 
vessels/persons;
     AK Gulf of Alaska Pacific cod trawl fishery from 55 to 12 
vessels/persons;
     AK Gulf of Alaska pollock trawl fishery from 67 to 60 
vessels/persons;
     AK Gulf of Alaska rockfish trawl fishery from 43 to 35 
vessels/persons;
     AK Kodiak food/bait herring otter trawl fishery from 4 to 
0 vessels/persons;
     AK shrimp otter trawl and beam trawl fishery from 38 to 12 
vessels/persons;
     AK Bering Sea, Aleutian Islands Pacific cod pot fishery 
from 59 to 80 vessels/persons;
     AK Bering Sea, Aleutian Islands sablefish pot fishery from 
16 to 15 vessels/persons;
     AK Bering Sea, Aleutian Islands crab pot fishery from 540 
to 73 vessels/persons;
     AK Gulf of Alaska crab pot fishery from 271 to 86 vessels/
persons;
     AK Gulf of Alaska Pacific cod pot fishery from 116 to 48 
vessels/persons;
     AK Gulf of Alaska sablefish pot fishery from 248 to 129 
vessels/persons;
     AK Southeast Alaska shrimp pot fishery from 99 to 104 
vessels/persons;
     AK shrimp pot, except Southeast fishery from 141 to 77 
vessels/persons;
     AK octopus/squid pot fishery from 15 to 0 vessels/persons;
     HI crab trap fishery from 3 to 4 vessels/persons;
     HI crab net fishery from 3 to 4 vessels/persons;
     HI Kona crab loop net fishery from 24 to 13 vessels/
persons;
     American Samoa bottomfish fishery from 46 to 44 vessels/
persons;
     Commonwealth of the Northern Mariana Islands bottomfish 
fishery from 12 to 7 vessels/persons;
     Guam bottomfish fishery from 84 to 63 vessels/persons;
     HI bottomfish handline fishery from 404 to 382 vessels/
persons;
     HI inshore handline fishery from 182 to 158 vessels/
persons;
     HI pelagic handline fishery from 311 to 271 vessels/
persons;
     AK Gulf of Alaska groundfish jig fishery from 214 to 68 
vessels/persons;
     AK halibut jig fishery from 71 to 5 vessels/persons;
     AK herring spawn on kelp pound net fishery from 291 to 143 
vessels/persons;
     AK Southeast herring roe/food/bait pound net fishery from 
2 to 1 vessels/persons;
     AK clam fishery from 130 to 57 vessels/persons;

[[Page 62754]]

     AK miscellaneous invertebrates handpick fishery from 214 
to 188 vessels/persons;
     HI black coral diving fishery from less than 3 to none 
recorded;
     HI handpick fishery from 28 to 25 vessels/persons;
     HI lobster diving fishery from 10 to 12 vessels/persons;
     HI spearfishing fishery from 79 to 67 vessels/persons, and
     HI aquarium collecting fishery from 39 to none recorded.

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

    NMFS proposes to add the Beringia stock of bearded seal to the list 
of species/stocks incidentally killed or injured in the Category II AK 
Bering Sea, Aleutian Islands pollock trawl fishery based on an observed 
mortality in 2020 (Freed et al., 2022).
    NMFS proposes to add the U.S. stock of California sea lion to the 
list of species/stocks incidentally killed or injured in the Category 
III CA sea cucumber trawl fishery based on an observed mortality in 
2019 (Carretta et al., In Review).
    NMFS proposes to remove the Hawaii stock of striped dolphin from 
the list of species/stocks incidentally killed or injured in the 
Category I HI deep-set longline fishery. This fishery is consistently 
monitored through an observer program. From 2016-2020, there have been 
no reported or observed M/SI within the EEZ in the HI deep-set longline 
fishery (Carretta et al., 2023).
    NMFS proposes to remove the Hawaii stock of fin whale and Central 
North Pacific stock of humpback whale from the list of species/stocks 
incidentally killed or injured in the Category II HI shallow-set 
longline fishery. This fishery has 100 percent observer coverage, and 
from 2016-2020, there have been no reported or observed M/SI within the 
EEZ in the HI shallow-set longline fishery (Carretta et al., 2023).
    NMFS proposes to revise marine mammal stock names on the list of 
species/stocks incidentally killed or injured for consistency with the 
current stock names in the SARs as follows:
Category II AK Bristol Bay Salmon Drift Gillnet Fishery
     Harbor seal, Bering Sea to harbor seal, Bristol Bay; and
Category II AK Gulf of Alaska Sablefish Longline
     Northern elephant seal, California to Northern elephant 
seal, California breeding.
    NMFS proposes to update the harbor porpoise stocks on the list of 
species/stocks incidentally killed or injured based on the revised 
stock structures in the 2022 SAR (Young et al., 2023) as follows:
Category I AK Southeast Salmon Drift Gillnet Fishery
     Harbor porpoise, southeast Alaska to harbor porpoise, 
southern Southeast Alaska inland waters and harbor porpoise, northern 
Southeast Alaska inland waters, and
Category II AK Yakutat Salmon Set Gillnet Fishery
     Harbor porpoise, southeast Alaska to harbor porpoise, 
Yakutat/Southeast Alaska offshore waters.
    NMFS proposes to update the humpback whale stocks on the list of 
species/stocks incidentally killed or injured based on the revised 
stock structures in the 2022 SAR (Carretta et al., 2023; Young et al., 
2023) as follows:
Category I AK Southeast Salmon Drift Gillnet Fishery
     Humpback whale, Central North Pacific to humpback whale, 
Hawai'i and humpback whale, Mexico-North Pacific;
Category II CA Thresher Shark/Swordfish Drift Gillnet (>=14 in Mesh) 
Fishery
     Humpback whale, CA/OR/WA to humpback whale, Central 
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II CA Halibut/White Seabass and Other Species Set Gillnet 
(>3.5 in Mesh) Fishery
     Humpback whale, CA/OR/WA to humpback whale, Central 
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II AK Kodiak Salmon Set Gillnet Fishery
     Humpback whale, Central North Pacific to humpback whale, 
Hawai'i and humpback whale, Mexico-North Pacific;
Category II AK Cook Inlet Salmon Set Gillnet Fishery
     Humpback whale, Central North Pacific to humpback whale, 
Hawai'i and humpback whale, Mexico-North Pacific;
Category II AK Prince William Sound Salmon Drift Gillnet Fishery
     Humpback whale, Central North Pacific to humpback whale, 
Hawai'i and humpback whale, Mexico-North Pacific;
Category II AK Yakutat Salmon Set Gillnet Fishery
     Humpback whale, Central North Pacific to humpback whale, 
Hawai'i and humpback whale, Mexico-North Pacific;
Category II AK Bering Sea, Aleutian Islands Pollock Trawl Fishery
     Humpback whale, Central North Pacific to humpback whale, 
Hawai'i and humpback whale, Mexico-North Pacific;
Category II CA Coonstripe Shrimp Pot Fishery
     Humpback whale, CA/OR/WA to humpback whale, Central 
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II CA Spiny Lobster Fishery
     Humpback whale, CA/OR/WA to humpback whale, Central 
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II CA Spot Prawn Pot Fishery
     Humpback whale, CA/OR/WA to humpback whale, Central 
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II CA Dungeness Crab Pot Fishery
     Humpback whale, CA/OR/WA to humpback whale, Central 
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II OR Dungeness Crab Pot Fishery
     Humpback whale, CA/OR/WA to humpback whale, Central 
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II WA/OR/CA Sablefish Pot Fishery
     Humpback whale, CA/OR/WA to humpback whale, Central 
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II WA Coastal Dungeness Crab Pot Fishery
     Humpback whale, CA/OR/WA to humpback whale, Central 
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;

[[Page 62755]]

Category III AK Cook Inlet Salmon Purse Seine Fishery
     Humpback whale, Central North Pacific to humpback whale, 
Hawai'i and humpback whale, Mexico-North Pacific;
Category III AK Kodiak Salmon Purse Fishery
     Humpback whale, Central North Pacific to humpback whale, 
Hawai'i and humpback whale, Mexico-North Pacific;
Category III AK Southeast Salmon Purse Seine Fishery
     Humpback whale, Central North Pacific to humpback whale, 
Hawai'i and humpback whale, Mexico-North Pacific;
Category III AK Bering Sea, Aleutian Islands Pacific Cod Pot Fishery
     Humpback whale, Central North Pacific to humpback whale, 
Hawai'i and humpback whale, Mexico-North Pacific;
Category III Southeast Alaska Crab Pot Fishery
     Humpback whale, Central North Pacific to humpback whale, 
Hawai'i and humpback whale, Mexico-North Pacific;
Category III Southeast Alaska Shrimp Pot Fishery
     Humpback whale, Central North Pacific to humpback whale, 
Hawai'i and humpback whale, Mexico-North Pacific;
Category III HI Crab Trap Fishery
     Humpback whale, Central North Pacific to humpback whale, 
Hawai'i, and
Category III AK/WA/OR/CA Commercial Passenger Vessels Fishery
     Humpback whale, Central North Pacific to humpback whale, 
Hawai'i and humpback whale, Mexico-North Pacific.

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

Classification of Fisheries

    NMFS proposes to reclassify the Category III U.S. Mid-Atlantic 
mixed species stop seine/weir/pound net (except the NC roe mullet stop 
net) fishery to a Category II based on M/SI of the Northern NC 
estuarine system stock of bottlenose dolphin. Mean annual estimated M/
SI of the Northern NC estuarine stock of bottlenose dolphin in this 
fishery is 2.56 percent of PBR (7.8 dolphins). Because the estimated M/
SI is between 1 and 50 percent of the stock's PBR, NMFS proposes to 
reclassify U.S. Mid-Atlantic mixed species stop seine/weir/pound net 
(except the NC roe mullet stop net) fishery from a Category III to a 
Category II fishery. NMFS also proposes to add the fishery to the list 
of affected fisheries for the Bottlenose Dolphin Take Reduction Plan in 
table 4.

Addition of Fisheries

    NMFS proposes to add the Virginia shrimp trawl fishery as a 
Category II fishery. This new fishery operates in the Commonwealth of 
Virginia's coastal waters (within three nautical miles) from October 1 
through January 1. The fishery uses beam trawl gear with a fixed frame 
no larger than 4 feet by 16 feet, with mesh size ranging from 1.5-2.0 
inches (stretched mesh). Tows are not to exceed 30 minutes in duration. 
There are 12 authorized permits for this fishery.
    There is no information on marine mammal M/SI incidental to this 
fishery. Therefore, no marine mammal species/stocks are identified in 
table 2. Marine mammal species/stocks will be added to the list, if 
incidental mortalities or injuries are documented in this fishery.
    The regulatory definition of a Category II fishery (50 CFR 229.2) 
provides for NMFS to evaluate other factors such as: fishing 
techniques, gear used, methods used to deter marine mammals, target 
species, seasons and areas fished, qualitative data from logbooks or 
fisher reports, stranding data, and the species and distribution of 
marine mammals in the area when there is no reliable information on the 
frequency of incidental M/SI in a given fishery. In the absence of 
reliable information on incidental M/SI, the Virginia shrimp trawl 
fishery is proposed as a Category II fishery, because there is no 
evidence of a remote likelihood of or no known incidental M/SI in the 
fishery.

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to remove the superscript ``1'' from the WNA stock of 
long-finned pilot whale to indicate the stock is no longer driving the 
Category II classification of the Northeast mid-water trawl (including 
pair trawl) fishery.
    NMFS proposes to combine the Category II Northeast anchored float 
gillnet fishery into the Category I Northeast sink gillnet fishery. 
Federal Vessel Trip Report codes do not distinguish anchored float 
gillnet gear from other types of gillnet gear. Consequently, fishing 
effort for the Northeast anchored float gillnet fishery is included as 
part of reported fishing effort for the Northeast sink gillnet fishery. 
Additionally, marine mammal bycatch in the Northeast anchored float 
gillnet fishery is included in bycatch analyses for the Northeast sink 
gillnet fishery. The species that are currently listed under the 
Northeast anchored float gillnet fishery are already included in the 
list of species incidentally taken in the Northeast sink gillnet 
fishery. This proposed change does not affect either fisheries' 
requirements under the Harbor Porpoise or Atlantic Large Whale TRPs 
(see table 4).
    NMFS proposes to revise the fishery descriptions for the Category I 
Northeast/Mid-Atlantic American lobster trap/pot fishery and Category 
II Atlantic mixed species trap/pot fishery. NMFS proposes to add Jonah 
crab as a target species for the Category I Northeast/Mid-Atlantic 
American lobster trap/pot fishery and remove Jonah crab as a target 
species from the Category II Atlantic mixed species trap/pot fishery. 
NMFS also proposes to revise the name of the Category I Northeast/Mid-
Atlantic American lobster and Jonah crab trap/pot fishery.
    This proposed change aligns the Northeast/Mid-Atlantic American 
lobster and Atlantic mixed species trap/pot fisheries descriptions with 
how the two target species are collectively managed. Jonah crab 
distribution overlaps with that of American lobster, and Jonah crab are 
caught using the exact same gear used in the Category I Northeast/Mid-
Atlantic American lobster trap/pot fishery. The gear used to target 
Jonah crab is consistent with what is currently described for the 
Category II Northeast/Mid-Atlantic American lobster trap/pot fishery. 
Currently, participation in the Jonah crab fishery is limited to 
American lobster permit holders. The Jonah crab fishery conforms to the 
specifications of the Interstate Fishery Management Plan for American 
Lobster and complies with regulatory requirements specified for each 
Lobster Management Area.

Number of Vessels/Persons

    NMFS proposes to update the estimated number of vessels/persons in 
the Atlantic Ocean, Gulf of Mexico, and Caribbean (table 2) as follows:
Category I
     Northeast sink gillnet fishery from 4,072 to 4,924 
vessels/persons;
Category II
     NC inshore gillnet fishery from 2,676 to 1,157 vessels/
persons; and
     NC long haul seine fishery from 22 to 10 vessels/persons.

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

    NMFS corrects an administrative error in table 2. NMFS proposes to 
update the

[[Page 62756]]

bottlenose dolphin stock name from FL Bay estuarine to FL Bay in the 
list of species/stocks incidentally killed or injured in the Category 
III FL spiny lobster trap/pot fishery.
    NMFS proposes to add the WNA stock of harp seal to the list of 
species/stocks incidentally killed or injured in the Category I mid-
Atlantic gillnet fishery. From 2015 through 2019, there were 14 
observed harp seal mortalities in the mid-Atlantic gillnet fishery 
(Hayes et al., 2022).
    NMFS proposes to add the WNA stock of white-sided dolphin to the 
list of species/stocks incidentally killed or injured in the Category 
II Northeast mid-water trawl (including pair trawl) fishery based on a 
self-reported mortality in 2020.
    NMFS proposes to add the Biscayne Bay estuarine stock of bottlenose 
dolphin to the list of species/stocks incidentally killed or injured in 
the Category II Atlantic blue crab trap/pot fishery. In 2020, one 
dolphin was disentangled from commercial blue crab trap/pot gear and 
released alive (Hayes et al., 2023). The animal was determined to be 
seriously injured (Maze-Foley and Garrison, In Prep).
    NMFS proposes to add the Charleston estuarine system stock of 
bottlenose dolphin to the list of species/stocks incidentally killed or 
injured in the Category III Atlantic Ocean, Gulf of Mexico, Caribbean 
commercial passenger fishing vessel fishery. In 2017, there was one 
mortality where monofilament line was found during the necropsy; 
however, it could not be determined whether the hook and line gear 
contributed to cause of death (Hayes et al., 2023).
    NMFS proposes to remove both the SC/GA coastal and Southern 
migratory coastal stocks of bottlenose dolphin from the list of 
species/stocks incidentally killed or injured in the Category II 
Southeast Atlantic gillnet fishery. This fishery is observed; and, from 
2016-2020, there have been no reported or observed M/SI in this fishery 
(Hayes et al., 2023).
    NMFS proposes to remove the Charleston estuarine system 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 shrimp trawl fishery. This fishery is observed; and, from 2016-
2020, there have been no reported or observed M/SI in this fishery 
(Hayes et al., 2023).

Commercial Fisheries on the High Seas

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to remove Category II Atlantic Highly Migratory 
Species trawl fishery from the LOF because there are no participants in 
this fishery.
    NMFS proposes to remove Category II South Pacific tuna fisheries 
troll fishery from the LOF because there are no participants in this 
fishery.

Number of Vessels/Persons

    NMFS proposes to update the estimated number of HSFCA permits for 
high seas fisheries (table 3) as follows:
Category I
     Western Pacific pelagic (HI deep-set component) longline 
fishery from 150 to 146 HSFCA permits;
Category II
     Pacific highly migratory species drift gillnet fishery 
from 3 to 2 HSFCA permits;
     Western and Central Pacific Ocean tuna purse seine fishery 
from 34 to 14 HSFCA permits;
     South Pacific albacore troll longline fishery from 8 to 6 
HSFCA permits;
     Pacific highly migratory species handline/pole and line 
fishery from 45 to 36 HSFCA permits;
     South Pacific albacore troll handline/pole and line 
fishery from 7 to 1 HSFCA permits;
     South Pacific albacore troll fishery from 24 to 23 HSFCA 
permits;
     Western Pacific pelagic troll fishery from 7 to 6 HSFCA 
permits;
Category III
     Northwest Atlantic bottom longline fishery from 2 to 1 
HSFCA permits;
     Pacific highly migratory species longline fishery from 127 
to 119 HSFCA permits;
     Pacific highly migratory species purse seine fishery from 
2 to 1 HSFCA permits;
     Northwest Atlantic trawl fishery from 3 to 1 HSFCA 
permits; and
     Pacific highly migratory species troll fishery from 93 to 
95 HSFCA permits.

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

    NMFS proposes to remove the Hawaii stock of striped dolphin from 
the list of species/stocks incidentally killed or injured in the 
Category I Western Pacific Pelagic longline fishery (HI deep-set 
component). As noted in table 3, the list of marine mammal species and/
or stocks killed or injured in this fishery is identical to the list of 
marine mammal species and/or stocks killed or injured in U.S. waters 
component of the fishery, minus species and/or stocks that have 
geographic ranges exclusively in coastal waters. From 2016-2020, there 
have been no reported or observed M/SI in the HI deep-set longline 
fishery (Carretta et al., 2023); the fishery is currently observed at 
about 20-percent coverage. Therefore, NMFS proposed to remove the stock 
from both the HI deep-set longline fishery and the Western Pacific 
Pelagic longline fishery (HI deep-set component).
    NMFS proposes to remove the unknown stock of pygmy killer whale 
from the list of species/stocks incidentally killed or injured in the 
Category II Western and Central Pacific Ocean tuna purse seine fishery. 
From 2016-2020, there have been no reported or observed M/SI in the 
fishery (Carretta et al., 2023); the fishery is currently observed at 
about 20 percent coverage.
    NMFS proposes to remove the Hawaii stock of fin whale and Central 
North Pacific stock of humpback whale from the list of species/stocks 
incidentally killed or injured in the Category II Western Pacific 
Pelagic longline fishery (HI shallow-set component). As noted in table 
3, the list of marine mammal species and/or stocks killed or injured in 
this fishery is identical to the list of marine mammal species and/or 
stocks killed or injured in U.S. waters component of the fishery, minus 
species and/or stocks that have geographic ranges exclusively in 
coastal waters. From 2016-2020, there have been no reported or observed 
M/SI in the HI shallow-set longline fishery (Carretta et al., 2023), 
which is observed at 100 percent. Therefore, NMFS proposed to remove 
the stocks from both the HI shallow-set longline fishery and the 
Western Pacific Pelagic longline fishery (HI shallow-set component).

List of Fisheries

    The following tables set forth the list of U.S. commercial 
fisheries according to their classification under section 118 of the 
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean 
(including Alaska), table 2 lists commercial fisheries in the Atlantic 
Ocean, Gulf of Mexico, and Caribbean, table 3 lists commercial 
fisheries on the high seas, and table 4 lists fisheries affected by 
TRPs or TRTs.
    In tables 1 and 2, the estimated number of vessels or persons 
participating in fisheries operating within U.S. waters is expressed in 
terms of the number of active participants in the fishery, when 
possible. If this information is not available, the

[[Page 62757]]

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 2020. 
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 *        146...............  Bottlenose
     [supcaret].                                       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.
Gillnet Fisheries:
    AK Southeast salmon drift     474...............  Dall's porpoise,
     gillnet.                                          AK.
                                                      Harbor porpoise,
                                                       northern
                                                       Southeast Alaska
                                                       inland waters.
                                                      Harbor porpoise,
                                                       southern
                                                       Southeast Alaska
                                                       inland waters.\1\
                                                      Harbor seal,
                                                       Southeast AK.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific
                                                      Pacific white-
                                                       sided dolphin,
                                                       North Pacific.
                                                      Steller sea lion,
                                                       Eastern U.S.
Pot, Ring Net, and Trap
 Fisheries:
    CA Dungeness crab pot.......  471...............  Blue whale,
                                                       Eastern North
                                                       Pacific.

[[Page 62758]]

 
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Humpback whale,
                                                       Central America/
                                                       Southern Mexico-
                                                       CA/OR/WA.\1\
                                                      Humpback whale,
                                                       Mainland Mexico-
                                                       CA/OR/WA.
                                                      Killer whale,
                                                       Eastern North
                                                       Pacific GOA, BSAI
                                                       transient.
                                                      Killer whale, West
                                                       Coast transient.
                                                      Northern elephant
                                                       seal, CA
                                                       breeding.
------------------------------------------------------------------------
                               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,
                                                       Central America/
                                                       Southern Mexico-
                                                       CA/OR/WA.
                                                      Humpback whale,
                                                       Mainland Mexico-
                                                       CA/OR/WA.
                                                      Long-beaked common
                                                       dolphin, CA.
                                                      Minke whale, CA/OR/
                                                       WA.
                                                      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,
                                                       Central America/
                                                       Southern Mexico-
                                                       CA/OR/WA.\1\
                                                      Humpback whale,
                                                       Mainland Mexico-
                                                       CA/OR/WA.
                                                      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   1,521.............  Beluga whale,
     gillnet \2\.                                      Bristol Bay.
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Harbor seal,
                                                       Bristol Bay.
                                                      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     855...............  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  128...............  Harbor porpoise,
                                                       GOA.\1\
                                                      Harbor seal, GOA.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
                                                      Humpback whale,
                                                       Western North
                                                       Pacific.
                                                      Northern sea
                                                       otter, Southwest
                                                       AK.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Cook Inlet salmon set      479...............  Beluga whale, Cook
     gillnet \2\.                                      Inlet.
                                                      Dall's porpoise,
                                                       AK.
                                                      Harbor porpoise,
                                                       GOA.
                                                      Harbor seal, Cook
                                                       Inlet/Shelikof
                                                       Strait.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
                                                      Northern sea
                                                       otter, South
                                                       central AK.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Cook Inlet salmon drift    355...............  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         148...............  Dall's porpoise,
     Islands salmon drift                              AK.
     gillnet \2\.
                                                      Harbor porpoise,
                                                       GOA.
                                                      Harbor seal, GOA.
                                                      Northern fur seal,
                                                       Eastern Pacific.
    AK Peninsula/Aleutian         75................  Harbor porpoise,
     Islands salmon set gillnet                        Bering Sea.
     \2\.
                                                      Northern sea
                                                       otter, Southwest
                                                       AK.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Prince William Sound       483...............  Dall's porpoise,
     salmon drift gillnet.                             AK.
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Harbor porpoise,
                                                       GOA.\1\

[[Page 62759]]

 
                                                      Harbor seal,
                                                       Prince William
                                                       Sound.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-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 Yakutat salmon set         95................  Gray whale,
     gillnet.                                          Eastern North
                                                       Pacific.
                                                      Harbor Porpoise,
                                                       Yakutat/Southeast
                                                       Alaska offshore
                                                       waters.\1\
                                                      Harbor seal,
                                                       Southeast AK.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
    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).
Trawl Fisheries:
    AK Bering Sea, Aleutian       29................  Bearded seal,
     Islands flatfish trawl.                           Beringia.
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Harbor porpoise,
                                                       Bering Sea.
                                                      Harbor seal,
                                                       Bristol Bay.
                                                      Humpback whale,
                                                       Western North
                                                       Pacific.
                                                      Killer whale,
                                                       Eastern North
                                                       Pacific Alaska
                                                       resident.
                                                      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       116...............  Bearded seal,
     Islands pollock trawl.                            Beringia.
                                                      Harbor seal,
                                                       Bristol Bay.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-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:
    CA coonstripe shrimp pot....  9.................  Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Harbor seal, CA.
                                                      Humpback whale,
                                                       Central America/
                                                       Southern Mexico-
                                                       CA/OR/WA.\1\
                                                      Humpback whale,
                                                       Mainland Mexico-
                                                       CA/OR/WA.
    CA spiny lobster............  189...............  Bottlenose
                                                       dolphin, CA/OR/WA
                                                       offshore.
                                                      California sea
                                                       lion, U.S.
                                                      Humpback whale,
                                                       Central America/
                                                       Southern Mexico-
                                                       CA/OR/WA.\1\
                                                      Humpback whale,
                                                       Mainland Mexico-
                                                       CA/OR/WA.
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Southern sea
                                                       otter, CA.
    CA spot prawn pot...........  22................  Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Humpback whale,
                                                       Central America/
                                                       Southern Mexico-
                                                       CA/OR/WA.\1\
                                                      Humpback whale,
                                                       Mainland Mexico-
                                                       CA/OR/WA.
                                                      Long-beaked common
                                                       dolphin, CA.
    OR Dungeness crab pot.......  323...............  Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Humpback whale,
                                                       Central America/
                                                       Southern Mexico-
                                                       CA/OR/WA.\1\
                                                      Humpback whale,
                                                       Mainland Mexico-
                                                       CA/OR/WA.
    WA/OR/CA sablefish pot......  144...............  Humpback whale,
                                                       Central America/
                                                       Southern Mexico-
                                                       CA/OR/WA.\1\
                                                      Humpback whale,
                                                       Mainland Mexico-
                                                       CA/OR/WA.\1\
    WA coastal Dungeness crab     204...............  Gray whale,
     pot.                                              Eastern North
                                                       Pacific.
                                                      Humpback whale,
                                                       Central America/
                                                       Southern Mexico-
                                                       CA/OR/WA.\1\
                                                      Humpback whale,
                                                       Mainland Mexico-
                                                       CA/OR/WA.
Longline/Set Line Fisheries:
    AK Gulf of Alaska sablefish   177...............  Northern elephant
     longline.                                         seal, California
                                                       breeding.
                                                      Sperm whale, North
                                                       Pacific.\1\
                                                      Steller sea lion,
                                                       Eastern U.S.
                                                      Steller sea lion,
                                                       Western U.S.
    HI shallow-set longline *     14................  Bottlenose
     [supcaret].                                       dolphin, HI
                                                       Pelagic.
                                                      False killer
                                                       whale, HI
                                                       Pelagic.\1\
                                                      Guadalupe fur
                                                       seal.
                                                      Risso's dolphin,
                                                       HI.
                                                      Striped dolphin,
                                                       HI.
    American Samoa longline \2\.  11................  False killer
                                                       whale, American
                                                       Samoa.
                                                      Rough-toothed
                                                       dolphin, American
                                                       Samoa.
                                                      Striped dolphin,
                                                       unknown.
    HI shortline \2\............  8.................  None documented.
Marine Aquaculture Fisheries:
    HI offshore pen culture.....  1.................  Hawaiian monk
                                                       seal.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
Gillnet Fisheries:

[[Page 62760]]

 
    AK Kuskokwim, Yukon, Norton   360...............  Harbor porpoise,
     Sound, Kotzebue salmon                            Bering Sea.
     gillnet.
    AK Prince William Sound       25................  Harbor seal, GOA.
     salmon set gillnet.
                                                      Northern sea
                                                       otter, South
                                                       central AK.
                                                      Steller sea lion,
                                                       Western U.S.
    AK roe herring and food/bait  15................  None documented.
     herring gillnet.
    CA herring set gillnet......  11................  None documented.
    HI inshore gillnet..........  26................  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.
    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    16................  Humpback whale,
     seine.                                            Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
    AK Kodiak salmon purse seine  159...............  Dall's porpoise,
                                                       AK.
                                                      Harbor seal, North
                                                       Kodiak.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
                                                      Humpback whale,
                                                       Western North
                                                       Pacific.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Southeast salmon purse     206...............  Humpback whale,
     seine.                                            Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
    AK roe herring and food/bait  31................  None documented.
     herring purse seine.
    AK salmon beach seine.......  2.................  None documented.
    AK salmon purse seine         298...............  Harbor seal, GOA.
     (Prince William Sound,
     Chignik, Alaska Peninsula).
                                                      Harbor seal,
                                                       Prince William
                                                       Sound.
    WA/OR sardine purse seine...  6.................  None documented.
    CA anchovy, mackerel,         53................  California sea
     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......  13................  None documented.
    HI seine net................  17................  None documented.
Dip Net Fisheries:
    CA squid dip net............  19................  None documented.
Marine Aquaculture Fisheries:
    CA marine shellfish           unknown...........  None documented.
     aquaculture.
    CA salmon enhancement         >1................  None documented.
     rearing pen.
    CA white seabass 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 Gulf of Alaska groundfish  4.................  None documented.
     hand troll and dinglebar
     troll.
    AK salmon troll.............  850...............  Steller sea lion,
                                                       Eastern U.S.
                                                      Steller sea lion,
                                                       Western U.S.
    American Samoa tuna troll...  6.................  None documented.
    CA/OR/WA salmon troll.......  1,030.............  None documented.
    HI troll....................  1,124.............  Pantropical
                                                       spotted dolphin,
                                                       HI.
    HI rod and reel.............  235...............  None documented.
    Commonwealth of the Northern  9.................  None documented.
     Mariana Islands tuna troll.
    Guam tuna troll.............  450...............  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       26................  Northern fur seal,
     Islands Pacific cod                               Eastern Pacific.
     longline.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Bering Sea, Aleutian       8.................  None documented.
     Islands sablefish longline.
    AK Bering Sea, Aleutian       84................  Northern fur seal,
     Islands halibut longline.                         Eastern Pacific.
                                                      Sperm whale, North
                                                       Pacific.
    AK Gulf of Alaska halibut     689...............  Harbor seal,
     longline.                                         Clarence Strait.
                                                      Harbor seal, Cook
                                                       Inlet.
                                                      Steller sea lion,
                                                       Eastern U.S.
    AK Gulf of Alaska Pacific     23................  Harbor seal, Cook
     cod longline.                                     Inlet/Shelikof
                                                       Strait.

[[Page 62761]]

 
                                                      Steller sea lion,
                                                       Western U.S.
    AK octopus/squid longline...  0.................  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................  17................  None documented.
    HI vertical line............  6.................  None documented.
Trawl Fisheries:
    AK Bering Sea, Aleutian       17................  Harbor seal,
     Islands Atka mackerel trawl.                      Aleutian Islands.
                                                      Northern elephant
                                                       seal, California.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Bering Sea, Aleutian       64................  Bearded seal, AK.
     Islands Pacific cod trawl.
                                                      Ribbon seal.
                                                      Steller sea lion,
                                                       Western U.S.
    AK Bering Sea, Aleutian       22................  Harbor seal,
     Islands rockfish trawl.                           Aleutian Islands.
                                                      Ribbon seal.
    AK Gulf of Alaska flatfish    16................  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     12................  Steller sea lion,
     cod trawl.                                        Western U.S.
    AK Gulf of Alaska pollock     60................  Steller sea lion,
     trawl.                                            Western U.S.
    AK Gulf of Alaska rockfish    35................  Steller sea lion,
     trawl.                                            Western U.S.
    AK Kodiak food/bait herring   0.................  None documented.
     otter trawl.
    AK shrimp otter trawl and     12................  None documented.
     beam 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................  California sea
                                                       lion, U.S.
    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       80................  Harbor seal,
     Islands Pacific cod pot.                          Bristol Bay.
                                                      Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
                                                      Humpback whale,
                                                       Western North
                                                       Pacific.
    AK Bering Sea, Aleutian       15................  Sperm whale, North
     Islands sablefish pot.                            Pacific.
    AK Bering Sea, Aleutian       73................  Bowhead whale,
     Islands crab pot.                                 Western Arctic.
                                                      Gray whale,
                                                       Eastern North
                                                       Pacific.
    AK Gulf of Alaska crab pot..  86................  None documented.
    AK Gulf of Alaska Pacific     48................  None documented in
     cod pot.                                          most recent 5
                                                       years of data.
    AK Gulf of Alaska sablefish   129...............  None documented.
     pot.
    AK Southeast Alaska crab pot  375...............  Humpback whale,
                                                       Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
    AK Southeast Alaska shrimp    104...............  Humpback whale,
     pot.                                              Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-North
                                                       Pacific.
    AK shrimp pot, except         77................  None documented.
     Southeast.
    AK octopus/squid pot........  0.................  None documented.
    CA rock crab pot............  113...............  Gray whale,
                                                       Eastern North
                                                       Pacific.
                                                      Harbor seal, CA.
    CA Tanner crab pot fishery..  1.................  None documented.
    WA/OR/CA hagfish pot........  63................  None documented.
    WA/OR shrimp pot/trap.......  28................  None documented.
    WA Puget Sound Dungeness      145...............  None documented.
     crab pot/trap.
    HI crab trap................  4.................  Humpback whale,
                                                       Hawai[revaps]i.
    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.................  4.................  None documented.
    HI Kona crab loop net.......  13................  None documented.
Hook and Line, Handline, and Jig
 Fisheries:
    AK Bering Sea, Aleutian       2.................  None documented.
     Islands groundfish jig.
    AK Gulf of Alaska groundfish  68................  None documented in
     jig.                                              most recent 5
                                                       years of data.
    AK halibut jig..............  5.................  None documented.
    American Samoa bottomfish...  44................  None documented.

[[Page 62762]]

 
    Commonwealth of the Northern  7.................  None documented.
     Mariana Islands bottomfish.
    Guam bottomfish.............  63................  None documented.
    HI aku boat, pole, and line.  None recorded.....  None documented.
    HI bottomfish handline......  392...............  None documented in
                                                       recent years.
    HI inshore handline.........  158...............  None documented.
    HI pelagic handline.........  271...............  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      143...............  None documented.
     pound net.
    AK Southeast herring roe/     1.................  None documented.
     food/bait pound net.
    HI bullpen trap.............  <3................  None documented.
Bait Pens:
    WA/OR/CA bait pens..........  13................  California sea
                                                       lion, U.S.
Dredge Fisheries:
    AK scallop dredge...........  108 (5 AK)........  None documented.
Dive, Hand/Mechanical Collection
 Fisheries:
    AK clam.....................  57................  None documented.
    AK miscellaneous              188...............  None documented.
     invertebrates handpick.
    CA/OR/WA dive collection....  186...............  None documented.
    CA/WA kelp, seaweed and       4.................  None documented.
     algae.
    HI black coral diving.......  None recorded.....  None documented.
    HI fish pond................  None recorded.....  None documented.
    HI handpick.................  25................  None documented.
    HI lobster diving...........  12................  None documented.
    HI spearfishing.............  67................  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.                         Hawai[revaps]i.
                                                      Humpback whale,
                                                       Mexico-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......  None recorded.....  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.
                                                      Harp seal, WNA.
                                                      Hooded seal, WNA.
                                                      Humpback whale,
                                                       Gulf of Maine.
                                                      Minke whale,
                                                       Canadian east
                                                       coast.
    Northeast sink gillnet......  4,924.............  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.

[[Page 62763]]

 
                                                      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 and Jonah                        Gulf of Maine.
     crab trap/pot.
                                                      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.
                                                      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..........  1,157.............  Bottlenose
                                                       dolphin, Northern
                                                       NC estuarine
                                                       system.\1\
                                                      Bottlenose
                                                       dolphin, Southern
                                                       NC estuarine
                                                       system.\1\
    Northeast drift gillnet \2\.  1,036.............  None documented.
    Southeast Atlantic gillnet    273...............  Bottlenose
     \2\.                                              dolphin, Central
                                                       FL coastal.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       FL 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.
                                                      White-sided
                                                       dolphin, WNA.
    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, Eastern
                                                       GMX coastal.\1\
                                                      Bottlenose
                                                       dolphin, GMX bay,
                                                       sound,
                                                       estuarine.\1\

[[Page 62764]]

 
                                                      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\
    Virginia shrimp trawl.......  12................  None documented.
Trap/Pot Fisheries:
    MA mixed species trap/pot...  1,240.............  None documented.
    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, Biscayne
                                                       Bay estuarine.
                                                      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..........  10................  Bottlenose
                                                       dolphin, Northern
                                                       NC estuarine
                                                       system.\1\
                                                      Bottlenose
                                                       dolphin, Southern
                                                       NC estuarine
                                                       system.
Stop Seine/Weir/Pound Net:
    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.
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.

[[Page 62765]]

 
    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.
    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.
                                                      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.
    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,
                                                       Charleston
                                                       estuarine system.
                                                      Bottlenose
                                                       dolphin,
                                                       Choctawhatchee
                                                       Bay.

[[Page 62766]]

 
                                                      Bottlenose
                                                       dolphin, Eastern
                                                       GMX coastal.
                                                      Bottlenose
                                                       dolphin, FL Bay.
                                                      Bottlenose
                                                       dolphin, GMX bay,
                                                       sound, estuarine.
                                                      Bottlenose
                                                       dolphin, Indian
                                                       River Lagoon
                                                       estuarine system.
                                                      Bottlenose
                                                       dolphin,
                                                       Jacksonville
                                                       estuarine system.
                                                      Bottlenose
                                                       dolphin,
                                                       Mississippi
                                                       Sound, Lake
                                                       Borgne, Bay
                                                       Boudreau.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       FL coastal.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GA/Southern SC
                                                       estuarine.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       GMX coastal.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       migratory
                                                       coastal.
                                                      Bottlenose
                                                       dolphin, Northern
                                                       NC estuarine.
                                                      Bottlenose
                                                       dolphin, Southern
                                                       migratory
                                                       coastal.
                                                      Bottlenose
                                                       dolphin, Southern
                                                       NC estuarine
                                                       system.
                                                      Bottlenose
                                                       dolphin, SC/GA
                                                       coastal.
                                                      Bottlenose
                                                       dolphin, Western
                                                       GMX coastal.
                                                      Short-finned pilot
                                                       whale, WNA.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2:
DE--Delaware; FL--Florida; GA--Georgia; GME/BF--Gulf of Maine/Bay of
  Fundy; GMX--Gulf of Mexico; MA--Massachusetts; NC--North Carolina; NY--
  New York; RI--Rhode Island; SC--South Carolina; VA--Virginia; WNA--
  Western North Atlantic;
\1\ Fishery classified based on mortalities and serious injuries of this
  stock, which are greater than or equal to 50 percent (Category I) or
  greater than 1 percent and less than 50 percent (Category II) of the
  stock's PBR;
\2\ Fishery classified by analogy; and
* Fishery has an associated high seas component listed in table 3.


    Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
                                                        Marine mammal
                                    Number of HSFCA     species and/or
       Fishery description              permits      stocks incidentally
                                                      killed or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Longline Fisheries:
    Atlantic Highly Migratory                    30  Atlantic spotted
     Species *.                                       dolphin, WNA.
                                                     Bottlenose dolphin,
                                                      Northern GMX
                                                      oceanic.
                                                     Bottlenose dolphin,
                                                      WNA offshore.
                                                     Common dolphin,
                                                      WNA.
                                                     Cuvier's beaked
                                                      whale, WNA.
                                                     False killer whale,
                                                      WNA.
                                                     Killer whale, GMX
                                                      oceanic.
                                                     Kogia spp. whale
                                                      (Pygmy or dwarf
                                                      sperm whale), WNA.
                                                     Long-finned pilot
                                                      whale, WNA.
                                                     Mesoplodon beaked
                                                      whale, WNA.
                                                     Minke whale,
                                                      Canadian East
                                                      coast.
                                                     Pantropical spotted
                                                      dolphin, WNA.
                                                     Risso's dolphin,
                                                      GMX.
                                                     Risso's dolphin,
                                                      WNA.
                                                     Short-finned pilot
                                                      whale, WNA.
    Western Pacific Pelagic (HI                 146  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.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
Drift Gillnet Fisheries:
    Pacific Highly Migratory                      2  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:
    CCAMLR.......................                 0  Antarctic fur seal.
Purse Seine Fisheries:
    Western and Central Pacific                  14  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.
                                                     Risso's dolphin,
                                                      unknown.

[[Page 62767]]

 
                                                     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.                 6  No information.
    Western Pacific Pelagic (HI                  14  Bottlenose dolphin,
     Shallow-set component) *                         HI Pelagic.
     [supcaret].
                                                     False killer whale,
                                                      HI Pelagic.
                                                     Guadalupe fur seal.
                                                     Risso's dolphin,
                                                      HI.
                                                     Striped dolphin,
                                                      HI.
Handline/Pole and Line Fisheries:
    Atlantic Highly Migratory                     0  No information.
     Species.
    Pacific Highly Migratory                     36  No information.
     Species.
    South Pacific Albacore Troll.                 1  No information.
    Western Pacific Pelagic......                 1  No information.
Troll Fisheries:
    Atlantic Highly Migratory                     0  No information.
     Species.
    South Pacific Albacore Troll.                23  No information.
    Western Pacific Pelagic......                 6  No information.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
Longline Fisheries:
    Northwest Atlantic Bottom                     1  None documented.
     Longline.
    Pacific Highly Migratory                    119  None documented in
     Species.                                         the most recent 5
                                                      years of data.
Purse Seine Fisheries:
    Pacific Highly Migratory                      1  None documented.
     Species * [supcaret].
Trawl Fisheries:
    Northwest Atlantic...........                 1  None documented.
Troll Fisheries:
    Pacific Highly Migratory                     95  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; 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 and Jonah crab trap/
                                          pot.
                                         Northeast sink gillnet.
                                         Category II:
                                         Atlantic blue crab trap/pot.
                                         Atlantic mixed species trap/
                                          pot.
                                         MA mixed species trap/pot.
                                         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.

[[Page 62768]]

 
                                         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]
                                         U.S. Mid-Atlantic mixed species
                                          stop seine/weir/pound net
                                          (except the NC roe mullet stop
                                          net).
                                         VA pound net.
False Killer Whale Take Reduction Plan   Category I:
 (FKWTRP)--50 CFR 229.37.                HI deep-set longline.
                                         Category II:
                                         HI shallow-set longline.
Harbor Porpoise Take Reduction Plan      Category I:
 (HPTRP)--50 CFR 229.33 (New England)    Mid-Atlantic gillnet.
 and 229.34 (Mid-Atlantic).              Northeast sink gillnet.
Pelagic Longline Take Reduction Plan     Category I:
 (PLTRP)--50 CFR 229.36.                 Atlantic Ocean, Caribbean, Gulf
                                          of Mexico large pelagics
                                          longline.
Pacific Offshore Cetacean Take           Category II:
 Reduction Plan (POCTRP)--50 CFR 229.31. CA thresher shark/swordfish
                                          drift gillnet (>=14 in mesh).
Atlantic Trawl Gear Take Reduction Team  Category II:
 (ATGTRT).                               Mid-Atlantic bottom trawl.
                                         Mid-Atlantic mid-water trawl
                                          (including pair trawl).
                                         Northeast bottom trawl.
                                         Northeast mid-water trawl
                                          (including pair trawl).
------------------------------------------------------------------------
List of Symbols Used in Table 4:
* Only applicable to the portion of the fishery operating in U.S.
  waters; and
[supcaret] Only applicable to the portion of the fishery operating in
  the Atlantic Ocean.

Classification

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
Any entity with combined annual fishery landing receipts less than $11 
million is considered a small entity for purposes of the Regulatory 
Flexibility Act. Under the size standard, all entities subject to this 
action were considered small entities; thus, they all would continue to 
be considered small under the new standards.
    Under existing regulations, all individuals participating in 
Category I or II fisheries must register under the MMPA and obtain an 
authorization certificate. The authorization certificate authorizes the 
taking of marine mammals incidental to commercial fishing operations 
under the MMPA. Additionally, individuals may be subject to a TRP and 
requested to carry an observer. NMFS has estimated that up to 
approximately 49,014 fishing vessels, most with annual revenues below 
the SBA's small entity thresholds, may operate in Category I or II 
fisheries. As fishing vessels operating in Category I or II fisheries, 
they are required to register with NMFS. The MMPA registration process 
is integrated with existing state and Federal licensing, permitting, 
and registration programs. Therefore, individuals who have a state or 
Federal fishing permit or landing license, or who are authorized 
through another related state or Federal fishery registration program, 
are currently not required to register separately under the MMPA or pay 
the $25 registration fee. Through this integrated process, registration 
under the MMPA, including the $25 registration fee, is only required 
for vessels participating in a Category I or II non-permitted fishery. 
All Category I and II fisheries listed on the 2024 proposed LOF are 
permitted through state or Federal processes, and registration under 
the MMPA is covered through the integrated process. Therefore, this 
proposed rule would not impose any direct costs on small entities.
    The MMPA requires any vessel owner or operator participating in a 
fishery listed on the LOF to report to NMFS, within 48 hours of the end 
of the fishing trip, all marine mammal incidental mortalities and 
injuries that occur during commercial fishing operations. These marine 
mammal mortalities and injuries are reported using a postage-paid, 
Office of Management and Budget (OMB) approved form (OMB Control Number 
0648-0292). This postage-paid form requires less than 15 minutes to 
complete and can be dropped in any mailbox, faxed, emailed, or 
completed online within 48 hours of the vessel's return to port. 
Therefore, recordkeeping and reporting costs associated with this LOF 
are minimal and would not have a significant impact on a substantial 
number of small entities.
    If a vessel is requested to carry an observer, vessels will not 
incur any direct economic costs associated with carrying that observer. 
As a result of this certification, an initial regulatory flexibility 
analysis is not required and none has been prepared. In the event that 
reclassification of a fishery to Category I or II results in a TRP, 
economic analyses of the effects of that TRP would be summarized in 
subsequent rulemaking actions.
    This proposed rule contains existing collection-of-information 
(COI) requirements subject to the Paperwork Reduction Act and would not 
impose

[[Page 62769]]

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

References

Carretta, J.W., J. Greenman, K. Wilkinson, L. Saez, D. Lawson and J. 
Viezbicke. In Review. Sources of human-related injury and mortality 
for U.S. Pacific west coast marine mammal stock assessments, 2017-
2021.
Carretta, J.W., E.M. Oleson, K.A. Forney, M.M. Muto, D.W. Weller, 
A.R. Lang, J. Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. Moore, and 
R.L. Brownell. 2023. U.S. Pacific Marine Mammal Stock Assessments: 
2022. U.S. Department of Commerce. NOAA Technical Memorandum NMFS-
SWFSC-684. 409 p.
Freed, J.C., N.C. Young, B.J. Delean, V.T. Helker, M.M. Muto, K.M. 
Savage, S.S. Teerlink, L.A. Jemison, K.M. Wilkinson, and J.E. 
Jannot. 2022. Human-Caused Mortality and Injury of NMFS-Managed 
Alaska Marine Mammal Stocks, 2016-2020. U.S. Department of Commerce. 
NOAA Tech. Memo. NMFS-AFSC-442, 116 p.
Hayes, S.A., E. Josephson, K. Maze-Foley, P.E. Rosel and J. Wallace. 
Editors. 2023. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock 
Assessments 2022. U.S. Department of Commerce. NOAA Technical 
Memorandum NMFS-NE-304. 262 p.
Hayes, S.A., E. Josephson, K. Maze-Foley, P.E. Rosel and J. Wallace. 
Editors. 2022. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock 
Assessments 2021. U.S. Department of Commerce, NOAA Technical 
Memorandum. 386 p.
Maze-Foley, K. and L.P. Garrison. In Prep. Serious Injury 
Determinations for Small Cetaceans off the Southeast U.S. Coast, 
2017-2021.
Young, N.C., M.M. Muto, V.T. Helker, B.J. Delean, N.C. Young, J.C. 
Freed R.P. Angliss, N.A. Friday, P.L. Boveng, J.M. Breiwick, B.M. 
Brost, M.F. Cameron, P.J. Clapham, J.L. Crance, S.P. Dahle, M.E. 
Dahlheim, B.S. Fadely, M.C. Ferguson, L.W. Fritz, K.T. Goetz, R.C. 
Hobbs, Y.V. Ivashchenko, A.S. Kennedy, J.M. London, S.A. Mizroch, 
R.R. Ream, E.L. Richmond, K.E.W. Shelden, K.L. Sweeney, R.G. Towell, 
P.R. Wade, J.M. Waite, and Alexandre N. Zerbini. 2023. Alaska Marine 
Mammal Stock Assessments 2022. U.S. Department of Commerce. NOAA 
Technical Memorandum NMFS-AFSC-474, 316 p.

    Dated: September 7, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-19721 Filed 9-12-23; 8:45 am]
BILLING CODE 3510-22-P