[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12257-12282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03013]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 240208-0041]
RIN 0648-BM19


List of Fisheries for 2024

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

ACTION: Final rule.

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SUMMARY: NMFS is publishing its final 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 on 
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: This rule is effective March 18, 2024.

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

FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, Office of Protected 
Resources, 301-427-8402; Cheryl Cross, Greater Atlantic Region, 978-
281-9100; Jessica Powell, Southeast Region, 727-824-5312; Dan Lawson, 
West Coast Region, 206-526-4740; Suzie Teerlink, Alaska Region, 907-
586-7240; Elena Duke, Pacific Islands Region, 808-725-5085. Individuals 
who use a telecommunications device for the hearing impaired may call 
the Federal Information Relay Service at 1-800-877-8339 between 8 a.m. 
and 4 p.m. Eastern time, Monday through Friday, excluding Federal 
holidays.

SUPPLEMENTARY INFORMATION:

What is the List of Fisheries?

    Section 118 of the MMPA requires NMFS to place all U.S. commercial 
fisheries into one of 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 of analysis 
(Tier 2) 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

[[Page 12258]]

mortality and serious injury of marine mammals).
    Additional details regarding how the categories were determined are 
provided in the preamble to the final rule implementing section 118 of 
the MMPA (60 FR 45086, August 30, 1995).
    Because fisheries are classified on a per-stock basis, a fishery 
may qualify as one category for one marine mammal stock and another 
category for a different marine mammal stock. A fishery is typically 
classified on the LOF at its highest level of classification (e.g., a 
fishery qualifying for Category III for one marine mammal stock and for 
Category II for another marine mammal stock will be listed under 
Category II). Stocks driving a fishery's classification are denoted 
with a superscript ``1'' in tables 1 and 2.

Other Criteria That May Be Considered

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

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

    The LOF includes a list of marine mammal species and/or stocks 
incidentally killed or injured in each commercial fishery. The list of 
species and/or stocks incidentally killed or injured includes 
``serious'' and ``non-serious'' documented injuries as described later 
in the List of Species and/or Stocks Incidentally Killed or Injured in 
the Pacific Ocean and List of Species and/or Stocks Incidentally Killed 
or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean 
sections. To determine which species or stocks are included as 
incidentally killed or injured in a fishery, NMFS annually reviews the 
information presented in the current SARs and injury determination 
reports. SARs are brief reports summarizing the status of each stock of 
marine mammals occurring in waters under U.S. jurisdiction. Information 
includes 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 
5-year timeframe summarized in that year's LOF. For fisheries with no 
observer coverage and for observed fisheries with evidence indicating 
that undocumented interactions may be occurring (e.g., fishery has low 
observer coverage and stranding network data include evidence of 
fisheries interactions that cannot be attributed to a specific 
fishery), species and stocks may be retained for longer than 5 years. 
For these fisheries, NMFS will review the other sources of information 
listed above and use its discretion to decide when it is appropriate to 
remove a species or stock.

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

    The best available information on the level of observer coverage 
and the spatial and temporal distribution of observed marine mammal 
interactions is presented in the SARs. Data obtained from the observer 
program and observer coverage levels are important tools in estimating 
the level of marine mammal mortality and serious injury in commercial 
fishing operations. Starting with the 2005 SARs, each Pacific and 
Alaska SAR includes an appendix with detailed descriptions of each 
Category I and II fishery on the LOF, including the observer coverage 
in those fisheries. For Atlantic fisheries, this information can be 
found in the LOF Fishery Fact Sheets. The SARs do not provide detailed 
information on observer coverage in Category III fisheries, because 
under the MMPA, Category III fisheries are not required to accommodate 
observers aboard vessels due to the remote likelihood of mortality and 
serious injury of marine mammals. Fishery information presented in the 
SARs' appendices and other resources referenced during the tier 
analysis may include: (1) the level of observer coverage; (2) the 
target species; (3) the levels of fishing effort; spatial and temporal 
distribution of fishing effort; (4) the characteristics of fishing gear 
and operations; (5) management and regulations; and (6) 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

[[Page 12259]]

Atlantic Ocean, Gulf of Mexico, and Caribbean, and table 3 lists all 
U.S. authorized commercial fisheries on the high seas. A fourth table, 
table 4, lists all commercial fisheries managed under applicable TRPs 
or take reduction teams (TRT).

Are high seas fisheries included on the LOF?

    Beginning with the 2009 LOF, NMFS includes high seas fisheries in 
table 3 of the LOF, along with the number of valid High Seas Fishing 
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues 
HSFCA permits only for high seas fisheries analyzed in accordance with 
the National Environmental Policy Act (NEPA) and the Endangered Species 
Act (ESA). The authorized high seas fisheries are broad in scope and 
encompass multiple specific fisheries identified by gear type. For the 
purposes of the LOF, the high seas fisheries are subdivided based on 
gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to 
provide more detail on composition of effort within these fisheries. 
Many fisheries operate in both U.S. waters and on the high seas, 
creating some overlap between the fisheries listed in tables 1 and 2 
and those in table 3. In these cases, the high seas component of the 
fishery is not considered a separate fishery, but an extension of a 
fishery operating within U.S. waters (listed in table 1 or 2). NMFS 
designates those fisheries in tables 1, 2, and 3 with an asterisk (*) 
after the fishery's name. The number of HSFCA permits listed in table 3 
for the high seas components of these fisheries operating in U.S. 
waters does not necessarily represent additional effort 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 those permits because they were 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 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 (MMAP) authorization certificate?

    NMFS has integrated the MMPA registration process, implemented 
through the 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 (physical or electronic), 
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).

[[Page 12260]]

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.e., Category I, Category 
II, or Category III) within 48 hours of the end of the fishing trip or, 
in the case of non-vessel fisheries, fishing activity. ``Injury'' is 
defined in 50 CFR 229.2 as a wound or other physical harm. In addition, 
any animal that ingests fishing gear or any animal that is released 
with fishing gear entangling, trailing, or perforating any part of the 
body is considered injured, regardless of the presence of any wound or 
other evidence of injury, and must be reported.
    Mortality/injury reporting forms and instructions for submitting 
forms to NMFS can be found at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations or by contacting the appropriate regional office (see FOR 
FURTHER INFORMATION CONTACT). Forms may be submitted via any of the 
following means: (1) online using the electronic form; (2) emailed as 
an attachment to [email protected]; (3) faxed to the NMFS Office 
of Protected Resources at 301-713-0376; or (4) mailed to the NMFS 
Office of Protected Resources (mailing address is provided on the 
postage-paid form that can be printed from the web address listed 
above). Reporting requirements and procedures are found in 50 CFR 
229.6.

Am I required to take an observer aboard my vessel?

    Individuals participating in a Category I or II fishery are 
required to accommodate an observer aboard their vessel(s) upon request 
from NMFS. MMPA section 118 states that the Secretary is not required 
to place an observer on a vessel if the facilities for quartering an 
observer or performing observer functions are so inadequate or unsafe 
that the health or safety of the observer or the safe operation of the 
vessel would be jeopardized; thereby authorizing the exemption of 
vessels too small to safely accommodate an observer from this 
requirement. 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 were 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, as 
well as on 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: (1) stranding 
data; (2) fishermen self-reports; and (3) 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.

Comments and Responses

    NMFS received 28 comment letters on the proposed LOF for 2024 (88 
FR 62748, September 13, 2023). Comments were received from 11 members 
of the public: (1) Alaska Department of Fish and Game (ADF&G); (2) 
California Coast Crab Association (CCCA); (3) Don't Cage Our Oceans; 
(4) Florida Department of Agriculture and Consumer Services; (5) Hawaii 
Division of Aquatic Resources (HI DAR); (6) Hawaii Longline Association 
(HLA); (7) Maine Department of Marine Resources (ME DMR); (8) Maine 
Lobstermen's Association (MLA); (9) Southeast Alaska Fishermen's 
Alliance (SEAFA) Taylor Shellfish Company; (10) United Southeast Alaska 
Gillnetters (USAG); and (11) U.S. Fish and Wildlife Service (FWS). NMFS 
additionally received a joint letter from American Cetacean Society-
Oregon Chapter (ACS), Center for Biological Diversity, Defenders of 
Wildlife, EarthJustice, Endangered Habitats League, the Natural 
Resources Defense Council, Oceana, Ocean Defenders Alliance, and the 
Resource Renewal Institute (ACS et al.). Nine of the comment letters 
received were in response to NMFS request for public input on 
aquaculture fishery descriptions. NMFS thanks these commenters for 
providing information

[[Page 12261]]

in response to our aquaculture request, and we will consider all the 
aquaculture information submitted in future LOFs. Responses to 
substantive comments are below. Comments on actions not related to the 
LOF are not included.

Comments on Commercial Fisheries in the Pacific Ocean

    Comment 1: ADF&G, SEAFA, USAG, and two members of the public 
opposed the reclassification of the AK Southeast salmon drift gillnet 
fishery from a Category II to a Category I fishery. ADF&G, SEAFA, USAG 
reiterated comments provided on the draft 2022 Southeast Alaska harbor 
porpoise SARs (8 FR 4162, January 24, 2023). Commenters raised concerns 
that the AK Southeast salmon drift gillnet fishery reclassification is 
based on inadequate harbor porpoise M/SI estimates and biased 
population size estimates in the 2022 SAR. Several commenters requested 
NMFS work with ADF&G to gather additional data on the harbor porpoise 
population, stock structure, and fisheries bycatch.
    Response: NMFS appreciates the concerns raised in the comments. 
Comments on the 2022 SARs were addressed in the Federal Register notice 
for the final SARs (88 FR 54592, August 11, 2023). NMFS uses the best 
available scientific information to prepare the annual LOF, which 
includes reliance on the SARs for M/SI data. The LOF is re-evaluated 
annually to allow for the addition of best available information as it 
becomes available. NMFS continues to pursue options for future observer 
data to inform M/SI estimates for this fishery, and NMFS will consider 
data in future SARs to inform the annual LOF. Therefore, NMFS does not 
retain the AK Southeast salmon drift gillnet fishery as a Category II 
fishery and reclassifies the AK Southeast salmon drift gillnet fishery 
from a Category II to a Category I fishery.
    Comment 2: ADF&G commented that the proposed reclassification of 
the AK Southeast salmon drift gillnet fishery from a Category II to a 
Category I fishery may result in changes to the fishery with potential 
economic impacts for the industry and consumers.
    Response: The requirements for Category I and II fisheries under 
MMPA section 118(c) are the same. The MMPA section 118(c) requirements 
for Category I and II fisheries are to: (1) register with NMFS through 
the Marine Mammal Authorization Program; (2) accommodate observers 
aboard vessels, upon request; and (3) comply with any applicable take 
reduction plans. In addition, any vessel owner or operator 
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.e., Category I, Category II, or Category III). If 
NMFS takes a management action (e.g., through the development of a 
TRP), then economic analyses of the effects of that TRP would be 
evaluated in subsequent rulemaking actions.
    Comment 3: A member of the public recommends NMFS retain the 
superscript ``1'' for Eastern North Pacific Alaska resident stock of 
killer whale to indicate the stock is driving the Category II 
classification of the AK Bering Sea, Aleutian Islands flatfish trawl 
fishery based on the nine killer whale mortalities in the fishery in 
2023. The commenter notes that NMFS has not yet released genetic 
information for the killer whale mortalities, but based on previous M/
SI data for the AK Bering Sea, Aleutian Islands flatfish trawl fishery 
it is likely the whale mortalities in 2023 are from the Eastern North 
Pacific Alaska resident stock.
    Response: NMFS agrees and retains the superscript ``1'' for the 
Eastern North Pacific Alaska resident stock of killer whale in the 
Category II AK Bering Sea, Aleutian Islands flatfish trawl fishery. 
While the Eastern North Pacific Alaska resident stock of killer whale 
stock is currently not driving the Category II classification of the AK 
Bering Sea, Aleutian Islands flatfish trawl fishery, there are past M/
SI and more recent data that suggest that the M/SI is ongoing. NMFS 
will re-evaluate this in the next LOF cycle and adjust at that time, if 
necessary.
    Comment 4: FWS recommends NMFS revise the Northern sea otter stock 
name on the list of species/stocks incidentally killed or injured for 
consistency with the current stock name in the SARs. They recommend 
revising Northern sea otter, South central AK to Northern sea otter, 
Southcentral AK.
    Response: NMFS agrees and revises the stock name from Northern sea 
otter, South central AK to Northern sea otter, Southcentral AK on the 
list of species/stocks incidentally killed or injured in the following 
fisheries: (1) Category II AK Cook Inlet salmon set gillnet, (2) 
Category II AK Prince William Sound salmon drift gillnet and (3) 
Category III AK Prince William Sound salmon set gillnet.
    Comment 5: HI DAR requests NMFS revisit the classification of the 
Category II HI shortline fishery. The Category II HI shortline fishery 
was classified by analogy to the HI longline fishery in the 2010 LOF. 
HI DAR states that there are differences in gear composition between 
the HI shortline fishery and HI longline fishery that present marked 
differences in potential threats to marine mammals. DAR notes that 
shortline gear is used by the HI seamount fishery, also known as the HI 
offshore handline fishery, which consists of fewer than 10 vessels and 
not all vessels currently use the gear. HI DAR requests NMFS review new 
information on shortline gear including its risk to marine mammals.
    Response: The HI shortline fishery is classified as Category II by 
analogy to the HI longline fishery based on similarities between the 
gears used in the fisheries. NMFS may classify fisheries by analogy to 
other fisheries that use similar fishing techniques or gear that are 
known to cause M/SI 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. The 
HI shortline fishery lacks a dedicated observer program or an 
electronic monitoring component to assess the level of M/SI, or lack 
thereof, within the fishery. While multiple gear types are used within 
the HI shortline fishery, vessels may deploy shortline gear, which sets 
hooks in a manner consistent with longline vessels. Additionally, the 
fishery operates in locations that overlap with Main Hawaiian Island 
(MHI) insular false killer whale's range and has the potential for 
interactions with these animals. In addition, HI DAR did not provide 
specific information on differences between HI shortline and longline 
gear. Therefore, NMFS is not making changes to the HI shortline fishery 
for the 2024 LOF.
    Comment 6: HLA supports removing 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. They also support 
removing 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.
    Response: NMFS agrees and removes the stocks from the list of 
species/stocks incidentally killed or injured in the respective 
fisheries.
    Comment 7: HLA reiterates a previous comment recommending NMFS 
remove the MHI insular and Northwestern Hawaiian Islands (NWHI) stocks 
of false killer whales from the list of species and/or stocks 
incidentally killed or injured in the Category I HI deep-set longline 
fishery. The HI deep-set longline fishery is observed with 20 percent 
coverage, and there have been no documented M/SI of the MHI insular

[[Page 12262]]

false killer whale stock in the most recent 5-year period. HLA notes 
that (a) the False Killer Whale Take Reduction Plan (FKWTRP) closed the 
deep-set longline fishery for almost the entire range of the MHI 
insular stock, (b) since this change was made in 2013 there have been 
no false killer whale interactions in the fishery, and (c) there has 
never been a deep-set longline fishery M/SI in the very small area of 
the stocks' range where the fishery operates. They also state that no 
information has been presented to the False Killer Whale Take Reduction 
Team or the Pacific Scientific Review Group suggesting any false killer 
whale M/SI in the deep-set fishery can reliably be attributed to the 
MHI insular or NWHI stocks of false killer whales. HLA requests that 
NMFS remove the MHI insular and NWHI stocks of false killer whales from 
the list of species and/or stocks incidentally killed or injured in the 
Category I HI deep-set longline fishery.
    Response: This comment has been addressed previously (see 84 FR 
22051, May 16, 2019; 85 FR 21079, April 16, 2020; 86 FR 3028, January 
14, 2021; 88 FR 16899, March 21, 2023). The MHI insular stock of false 
killer whales have been documented via telemetry to move far enough 
offshore to reach longline fishing areas (Bradford et al., 2015). The 
MHI insular, Hawaii pelagic, and NWHI stocks have partially overlapping 
ranges. MHI insular false killer whales have been satellite tracked as 
far as 115 kilometers (km) from the MHI, while pelagic stock animals 
have been tracked to within 11 km of the MHI and throughout the NWHI. 
Thus, M/SI of false killer whales of unknown stock within the stock 
overlap zones must be prorated to MHI insular, pelagic, or NWHI stocks.
    Annual bycatch estimates are prorated using a process outlined in 
detail in the SARs, which account for M/SI that occur within the MHI-
pelagic or NWHI-pelagic overlap zones. As described in the 2021 SAR 
(Carretta et al., 2022), from 2015-2019 the mean estimated annual M/SI 
of false killer whales was 9.8. This results in a prorated mean 
estimated annual M/SI of 0.03 for the MHI insular stock and 0.1 for the 
NWHI stock.
    MHI insular false killer whales have been documented with injuries 
consistent with fisheries interactions that have not been attributed to 
a specific fishery (Baird et al., 2014). For observed fisheries with 
evidence indicating that undocumented interactions may be occurring 
(e.g., fishery has evidence of fisheries interactions that cannot be 
attributed to a specific fishery, and stranding network data include 
evidence of fisheries interactions that cannot be attributed to a 
specific fishery), stocks may be retained on the LOF for longer than 5 
years. For these fisheries, NMFS will review the other sources of 
relevant information to determine when it is appropriate to remove a 
species or stock from the LOF. Therefore, NMFS retains both the MHI 
insular and NWHI false killer whale stocks on the list of species and/
or stocks incidentally killed or injured in the Category I HI deep-set 
longline fishery.
    Comment 8: ACS et al. supports NMFS reclassifying the CA Dungeness 
crab pot fishery from a Category II to a Category I fishery based on 
incidental M/SI of the Central America/Southern Mexico-CA/OR/WA stock 
of humpback whale. They also state that Rmax (maximum net productivity 
rate) for the Central America/Southern Mexico-CA/OR/WA stock of 
humpback whale used in the 2022 SAR is inconsistent with the Guidelines 
for Preparing Stock Assessment Reports Pursuant to the 1994 Amendments 
to the Marine Mammal Protection Act.
    Response: NMFS thanks the organizations for their comment and 
reclassifies the CA Dungeness crab pot fishery from a Category II to a 
Category I fishery. Comments on the draft 2022 SARs, including 
selection of parameters such as Rmax, were addressed in the Federal 
Register notice for the final SARs (88 FR 54592, August 11, 2023).
    Comment 9: CCCA opposes NMFS reclassifying the CA Dungeness crab 
pot fishery from a Category II to a Category I fishery based on 
incidental M/SI of the Central America/Southern Mexico-CA/OR/WA stock 
of humpback whale. They state that the reclassification is not based on 
the best available information since it uses M/SI data from 2016-2020. 
CCCA notes that in 2016, there was an unprecedented 22 humpback whale 
entanglements and that this increase was attributed to anomalous ocean 
conditions that changed the whales' migratory path. Since 2016, CA 
Department of Fish and Wildlife has implemented regulations to reduce 
entanglement risk. CCCA state that in 2021 there was one humpback whale 
entanglement and four in 2022 in the CA Dungeness crab pot fishery. If 
the more recent M/SI data are used and excludes the 2016 data, the 
estimated annual M/SI is below 50 percent of PBR for the Central 
America/Southern Mexico-CA/OR/WA stock of humpback whale and therefore 
a Category II fishery.
    Response: NMFS appreciates the comments about the implementation of 
new regulations and measures to address entanglements in the CA 
Dungeness crab pot fishery following the increased entanglements in 
2016. We also acknowledge the efforts of CA Department of Fish and 
Wildlife and other stakeholders in California to take proactive steps 
to reduce entanglement risks in the CA Dungeness crab pot fishery 
through convening the California Dungeness Crab Fishing Gear Working 
Group and subsequent development and implementation of the Risk 
Assessment and Mitigation Program. NMFS uses the best available 
scientific information to prepare the annual LOF, which includes 
relying on the SARs for M/SI data. The LOF for 2024 was based on, among 
other things: (1) stranding data; (2) fishermen self-reports; and (3) 
SARs (primarily the 2022 SARs) which are based on data from 2016-2020. 
As M/SI information becomes available from later years, NMFS will 
review classification of the CA Dungeness crab pot fishery in a future 
LOF. For the 2024 LOF, NMFS reclassifies the CA Dungeness crab pot 
fishery from a Category II to a Category I fishery.
    Comment 10: ACS et al. requests NMFS add the Central America/
Southern Mexico-CA/OR/WA and Mainland Mexico-CA/OR/WA stocks of 
humpback whale to the list of species/stocks incidentally killed or 
injured in the Category III WA/OR/CA groundfish/finfish hook and line 
fishery based on an entanglement in 2021.
    Response: The injury determination for the 2021 humpback whale 
entanglement in the Category III WA/OR/CA groundfish/finfish hook and 
line fishery (Carretta et al. 2023a) was finalized after the proposed 
2024 LOF published. NMFS adds the Central America/Southern Mexico-CA/
OR/WA and Mainland Mexico-CA/OR/WA stocks of humpback whale to the list 
of species/stocks incidentally killed or injured in the Category III 
WA/OR/CA groundfish/finfish hook and line fishery. NMFS will conduct 
the tier analysis for this M/SI in the Category III WA/OR/CA 
groundfish/finfish hook and line fishery for the 2025 LOF.
    Comment 11: ACS et al. recommends NMFS add the California 
experimental pot fishery targeting king and other deep water crab 
species to the LOF and classify the fishery by analogy as a Category II 
fishery. They note that the fishery uses large pot gear with vertical 
buoy lines in depths greater than 125 fathoms (228.6 m) off the coast 
of California north of Pigeon Point (south of San Francisco). ACS et 
al. states there was a humpback whale entanglement in this fishery in 
2021 near the Channel Islands National Marine Sanctuary.

[[Page 12263]]

    Response: Any eligible commercial fishery not specifically 
identified on the LOF is deemed to be a Category II fishery until the 
next LOF is published (50 CFR 229.2). NMFS will consider the comments 
provided by ACS et al. in a future proposed LOF.
    Comment 12: ACS et al. requests NMFS add the California groundfish/
finfish set net fishery as a Category II fishery. They note that the 
2024 LOF does not include the California groundfish/finfish set net 
fishery, which is managed with other types of fixed gear in the open 
access sector under the Pacific Coast Groundfish Fishery Management 
Plan (Groundfish FMP).
    Response: NMFS acknowledges that the use of gillnets remains an 
authorized gear type in areas south of 38 degrees N. lat. (50 CFR 
660.330(b) and 50 CFR 660.330(b)(2)(ii)) under the Groundfish FMP. 
However, NMFS' review of fishing effort information, including landings 
and observer data, indicate that there does not appear to be any 
dedicated or stand-alone use of gillnets for harvesting groundfish on 
the West Coast that is not already associated with other Category II 
gillnet fisheries on the LOF. Available information suggests that some 
limited landings of groundfish species may occur under the open access 
provisions of the Groundfish FMP while vessels are participating in the 
Category II CA halibut/white seabass and other species set gillnet 
(>3.5 inch (in) mesh) fishery in California. Therefore, gillnet fishing 
resulting in the harvest of species managed under the Groundfish FMP is 
already reflected on the LOF as Category II fishing effort.

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

    Comment 13: ME DMR and MLA reiterate previous comments requesting 
that the Maine state waters trap/pot fishery be separated out from the 
broader Category I Northeast/Mid-Atlantic American lobster and Jonah 
crab trap/pot fishery and classified as a separate and independent 
Category II fishery. Both ME DMR and MLA cite the rarity of North 
Atlantic right whales in Maine state waters, lack of attributed right 
whale entanglements in the Maine lobster fishery, the implementation of 
unique gear marking and additional risk reduction measures combined 
with an increase in North Atlantic right whale monitoring in the Gulf 
of Maine as the justification that the ME state waters lobster trap pot 
fishery is a separate and distinct fishery.
    ME DMR and MLA note that state regulations require that all buoy 
lines in state waters and ``the sliver'' have a 1700-pound (lb) (771 
kg) weak insertion 50 percent of the way down the vertical line, or 
approved 1700-lb (771 kg) breaking strength line in the top 50 percent 
of the vertical line. Both commenters assert that the Maine state 
fishery has unique gear markings that distinguishes it from rest of the 
Category I Northeast/Mid-Atlantic American lobster and Jonah crab trap/
pot fishery. In Maine state waters, fishermen must have a 36-inch (91.4 
cm) purple mark in the top two fathoms of their line, another 12 inch 
(30.5 cm) mark midway down the line, and another 12 inch (30.5 cm) mark 
at the bottom of the line. Federal green marks are not allowed in Maine 
state waters.
    ME DMR and MLA state that North Atlantic right whale monitoring 
efforts have increased substantially in the Gulf of Maine. Since 
September 2022, New England Aquarium has been conducting aerial surveys 
off the coast of Maine and to date, 12 surveys have been completed with 
no right whale sightings. In addition, Woods Hole Oceanographic 
Institute is conducting acoustic glider work in the Gulf of Maine. Data 
from December 2022-April 2023 and June-August 2023 had no confirmed 
detections of right whales and the former timeframe had only a few 
possible detections.
    Both commenters acknowledge that Maine and Massachusetts have taken 
different approaches to risk reduction in their respective fisheries. 
They stress that Massachusetts state waters have concentrated 
aggregations of right whales resulting in entanglement risks during 
specific seasons. In contrast, right whale sightings in Maine state 
waters are infrequent, resulting in a low, diffuse entanglement risk 
coast wide during most of the year. Based on the predictable seasonal 
aggregations of right whales in Cape Cod Bay, Massachusetts used a 
seasonal closure as their primary risk reduction measure. While Maine, 
with diffuse risk, used ``trawling up'' as the primary risk reduction 
measure. Based on this, NMFS should not compare the two states' 
differing approaches as a basis for decision making to reclassify the 
Maine state lobster trap/pot fishery as a separate and distinct fishery 
from the broader Category I Northeast/Mid-Atlantic American lobster and 
Jonah crab trap/pot fishery.
    Response: NMFS recognizes that the state of Maine has modified 
their lobster trap/pot fishery in alignment with the Atlantic Large 
Whale Take Reduction Plan requirements that were finalized in 2021 (86 
FR 5990, September 17, 2021), has expanded acoustic monitoring, and has 
recently commenced visual surveys. However, cumulatively, these efforts 
do not differentiate the Maine state lobster fishery as a distinct 
fishery. To reiterate the responses stated in previous LOFs (88 FR 
16899, March 21, 2023 and 87 FR 23122, April 19, 2022), the state of 
Massachusetts was considered to be a unique, separate fishery because 
of the combination of measures that have been taken (see previous LOF: 
88 FR 16899, March 21, 2023). As stated in our previous response, in 
making our decision, we considered the changes that the state of 
Massachusetts made (including gear changes that distinguish 
Massachusetts rope from other states, due to increased weak rope and 
insert requirements and increased marking frequency, amplified closures 
and a long time series of dedicated continual monitoring efforts) 
collectively, not as individual, standalone factors.
    With recent changes to gear markings, we are only now beginning to 
definitively trace entanglement gear to its source. According to data 
spanning 2020-2022, entanglements with exclusively purple gear 
markings, signifying gear fished in Maine state waters, include three 
minke and two humpback whales. However, for the majority of documented 
entanglement cases spanning 2020-2022, gear could not be attributed to 
a specific origin (for 92 percent of North Atlantic right whale, 85 
percent of humpback whale, 71 percent of minke whale, and 100 percent 
of fin whale cases).
    The state of Maine's growing monitoring effort may inform future 
decisions regarding how to reduce North Atlantic right whale M/SI, as 
well as M/SI of other endangered large whales and marine mammals. As we 
continue to gather more data on whale distribution, habitat use, 
movement and M/SI due to entanglements, NMFS will evaluate whether 
splitting out the Maine state waters trap/pot fishery from the broader 
Category I Northeast/Mid-Atlantic American lobster and Jonah crab trap/
pot fishery is appropriate.

Summary of Changes From the Proposed Rule

    In this final rule, NMFS corrects an error from the proposed rule 
in table 2 and removes the Category III U.S. Atlantic tuna purse seine 
fishery. On October 3, 2022, NMFS published a final rule that 
discontinued the use of purse seines in the Atlantic highly migratory 
species bluefin tuna fishery (87 FR 59966, effective January 1, 2023).
    Based on public comment, and for consistency with the current stock 
name in the SARs, NMFS revises the stock name from Northern sea otter, 
South central AK to Northern sea otter,

[[Page 12264]]

Southcentral AK on the list of species/stocks incidentally killed or 
injured in the following fisheries: (1) Category II AK Cook Inlet 
salmon set gillnet, (2) Category II AK Prince William Sound salmon 
drift gillnet, and (3) Category III AK Prince William Sound salmon set 
gillnet.
    Based on public comment, NMFS retains the ``1'' superscript for the 
Eastern North Pacific Alaska resident stock of killer whale in the 
Category II AK Bering Sea, Aleutian Islands flatfish trawl fishery.
    Based on public comment, NMFS adds the Central America/Southern 
Mexico-CA/OR/WA and Mainland Mexico-CA/OR/WA stocks of humpback whale 
to the list of species/stocks incidentally killed or injured in the 
Category III WA/OR/CA groundfish/finfish hook and line fishery.

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. NMFS 
adds one fishery, removes seven 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 reclassifies the Category II AK Southeast salmon drift gillnet 
fishery to a Category I fishery.
    NMFS reclassifies the Category II CA Dungeness crab pot fishery to 
a Category I fishery.
    NMFS reclassifies the Category II AK Bering Sea, Aleutian Islands 
Pacific cod pot fishery to a Category III fishery.

Fishery Name and Organizational Changes and Clarification

    NMFS combines the Category III AK Dungeness crab fishery with the 
Category III AK miscellaneous invertebrates handpick fishery.
    NMFS removes the Category III AK roe herring and food/bait herring 
beach seine fishery from the LOF.
    NMFS removes the Category III AK state-managed waters of Prince 
William Sound groundfish trawl fishery.
    NMFS removes the Category III AK Bering Sea, Aleutian Islands 
groundfish hand troll and dinglebar troll fishery from the LOF.
    NMFS removes the Category III AK herring spawn on kelp dive hand/
mechanical collection fishery from the LOF.
    NMFS adds 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 adds 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 removes 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 removes 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 
in mesh) fishery.
    NMFS adds 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 adds the superscript ``2'' to the Category II AK Cook Inlet 
salmon set gillnet fishery to indicate this fishery is classified by 
analogy.
    NMFS removes 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. NMFS also adds 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 removes the superscript ``1'' from the Western North Pacific 
stock of humpback whale to indicate the stocks is no longer driving the 
Category II classification of the AK Bering Sea, Aleutian Islands 
flatfish trawl fishery.
    NMFS adds 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 adds 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 adds 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 adds 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.
    NMFS adds 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 adds 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 adds 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 updates 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; and
     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;

[[Page 12265]]

     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; and
     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 two 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 four vessels/persons;
     AK salmon troll fishery from 1,908 to 850 vessels/persons;
     American Samoa tuna troll fishery from three to six 
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 eight 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 three to zero 
vessels/persons;
     HI kaka line fishery from 16 to 17 vessels/persons;
     HI vertical line fishery from five to six 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 four 
to zero 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 zero vessels/
persons;
     HI crab trap fishery from three to four vessels/persons;
     HI crab net fishery from three to four 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 seven 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 five 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 
two to one vessels/persons;
     AK clam fishery from 130 to 57 vessels/persons;
     AK miscellaneous invertebrates handpick fishery from 214 
to 188 vessels/persons;
     HI black coral diving fishery from less than three 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 adds 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.
    NMFS adds 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.
    NMFS removes 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.
    NMFS removes 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.
    NMFS revises marine mammal stock names on the list of species/
stocks incidentally killed or injured for consistency with the current 
stock names in the SARs as follows:
Category II AK Bristol Bay Salmon Drift Gillnet Fishery
     Harbor seal, Bering Sea to harbor seal, Bristol Bay; and

[[Page 12266]]

Category II AK Gulf of Alaska Sablefish Longline
     Northern elephant seal, California to Northern elephant 
seal, California breeding.

    NMFS updates 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 updates 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;
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; and,
     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 reclassifies 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 fishery. NMFS also adds the fishery to the list of 
affected fisheries for the Bottlenose Dolphin Take Reduction Plan in 
table 4.

Addition of Fisheries

    NMFS adds the Virginia shrimp trawl fishery as a Category II 
fishery.

[[Page 12267]]

Fishery Name and Organizational Changes and Clarification

    NMFS removes 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 combines the Category II Northeast anchored float gillnet 
fishery into the Category I Northeast sink gillnet fishery. This change 
does not affect either fisheries' requirements under the Harbor 
Porpoise or Atlantic Large Whale TRPs (see table 4).
    NMFS revises 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 adds Jonah crab as a target 
species for the Category I Northeast/Mid-Atlantic American lobster 
trap/pot fishery and removes Jonah crab as a target species from the 
Category II Atlantic mixed species trap/pot fishery. NMFS also revises 
the name of the Category I Northeast/Mid-Atlantic American lobster and 
Jonah crab trap/pot fishery.

Number of Vessels/Persons

    NMFS updates 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 updates the 
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 adds the WNA stock of harp seal to the list of species/stocks 
incidentally killed or injured in the Category I mid-Atlantic gillnet 
fishery.
    NMFS adds 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.
    NMFS adds 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.
    NMFS adds 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.
    NMFS removes 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.
    NMFS removes 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.

Commercial Fisheries on the High Seas

Fishery Name and Organizational Changes and Clarification

    NMFS removes Category II Atlantic Highly Migratory Species trawl 
fishery from the LOF.
    NMFS removes Category II South Pacific tuna fisheries troll fishery 
from the LOF.

Number of Vessels/Persons

    NMFS updates the estimated number of HSFCA permits for high seas 
fisheries (table 3) as follows:
Category I
     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 three to two HSFCA permits;
     Western and Central Pacific Ocean tuna purse seine fishery 
from 34 to 14 HSFCA permits;
     South Pacific albacore troll longline fishery from eight 
to six 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 seven to one HSFCA permits;
     South Pacific albacore troll fishery from 24 to 23 HSFCA 
permits;
     Western Pacific pelagic troll fishery from seven to six 
HSFCA permits;
Category III
     Northwest Atlantic bottom longline fishery from two to one 
HSFCA permits;
     Pacific highly migratory species longline fishery from 127 
to 119 HSFCA permits;
     Pacific highly migratory species purse seine fishery from 
two to one HSFCA permits;
     Northwest Atlantic trawl fishery from three to one 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 removes 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).
    NMFS removes 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.
    NMFS removes 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).

List of Fisheries

    The following tables set forth the list of U.S. commercial 
fisheries according to their classification under section 118 of the 
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean 
(including Alaska), table 2 lists commercial fisheries in the Atlantic 
Ocean, Gulf of Mexico, and Caribbean, table 3 lists commercial 
fisheries on the high seas, and table 4 lists fisheries affected by 
TRPs or TRTs.
    In tables 1 and 2, the estimated number of vessels or persons 
participating in fisheries operating within U.S. waters is expressed in 
terms of the number of active participants in the fishery, when 
possible. If this information is not available, the estimated number of 
vessels or persons licensed for a particular fishery is provided. If no 
recent information is available on the number of participants, vessels, 
or persons licensed in a fishery, then the number from the most recent 
LOF is used for the estimated number of vessels or persons in the 
fishery. NMFS acknowledges that, in some cases, these estimates may be 
inflations of actual effort. For example, the State of Hawaii does not 
issue fishery-specific licenses, and the number of participants 
reported in the LOF represents the number of commercial marine license 
holders who reported using a particular fishing gear type/method at 
least once in a given year, without considering how many

[[Page 12268]]

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 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 
including 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 Exclusive Economic Zone (EEZ) 
boundary and therefore operate both within U.S. waters and on the high 
seas. These fisheries, though listed separately on tables 1, 2, or 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 fisheries' names.

                      Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
----------------------------------------------------------------------------------------------------------------
                                                                                   Marine mammal species and/or
           Fishery description             Estimated number of vessels/persons    stocks incidentally killed or
                                                                                             injured
----------------------------------------------------------------------------------------------------------------
                                                   Category I
----------------------------------------------------------------------------------------------------------------
Longline/Set Line Fisheries:
    HI deep-set longline * [supcaret]...  146..................................  Bottlenose 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 gillnet...  474..................................  Dall's porpoise, 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:

[[Page 12269]]

 
    CA Dungeness crab pot...............  471..................................  Blue whale, Eastern North
                                                                                  Pacific.
                                                                                 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 drift     21...................................  Bottlenose dolphin, CA/OR/WA
     gillnet (>=14 in 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 other    39...................................  California sea lion, U.S.
     species set gillnet (>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, and white   20...................................  California sea lion, U.S.
     seabass drift gillnet (mesh size                                            Long-beaked common dolphin, CA.
     >=3.5 in and <14 in) \2\.                                                   Short-beaked common dolphin, CA/
                                                                                  OR/WA.
    AK Bristol Bay salmon drift gillnet   1,521................................  Beluga whale, Bristol Bay.
     \2\.                                                                        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 gillnet     855..................................  Beluga whale, Bristol Bay.
     \2\.                                                                        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 gillnet \2\  479..................................  Beluga whale, Cook 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,
                                                                                  Southcentral AK.
                                                                                 Steller sea lion, Western U.S.

[[Page 12270]]

 
    AK Cook Inlet salmon drift gillnet..  355..................................  Beluga whale, Cook Inlet.
                                                                                 Dall's porpoise, AK.
                                                                                 Harbor porpoise, GOA.\1\
                                                                                 Harbor seal, GOA.
                                                                                 Steller sea lion, Western U.S.
    AK Peninsula/Aleutian Islands salmon  148..................................  Dall's porpoise, AK.
     drift gillnet \2\.                                                          Harbor porpoise, GOA.
                                                                                 Harbor seal, GOA.
                                                                                 Northern fur seal, Eastern
                                                                                  Pacific.
    AK Peninsula/Aleutian Islands salmon  75...................................  Harbor porpoise, Bering Sea.
     set gillnet \2\.                                                            Northern sea otter, Southwest
                                                                                  AK.
                                                                                 Steller sea lion, Western U.S.
    AK Prince William Sound salmon drift  483..................................  Dall's porpoise, AK.
     gillnet.                                                                    Gray whale, Eastern North
                                                                                  Pacific.
                                                                                 Harbor porpoise, GOA.\1\
                                                                                 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,
                                                                                  Southcentral AK.
                                                                                 Steller sea lion, Western
                                                                                  U.S.\1\
    AK Yakutat salmon set gillnet.......  95...................................  Gray whale, 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 drift    136..................................  Dall's porpoise, CA/OR/WA.
     gillnet (includes all inland waters                                         Harbor porpoise, inland WA.\1\
     south of US-Canada border and                                               Harbor seal, WA inland.
     eastward of the Bonilla-Tatoosh
     line--Treaty Indian fishing is
     excluded).
Trawl Fisheries:
    AK Bering Sea, Aleutian Islands       29...................................  Bearded seal, Beringia.
     flatfish trawl.                                                             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.\1\
                                                                                 Killer whale, Eastern North
                                                                                  Pacific GOA, AI, BS
                                                                                  transient.\1\
                                                                                 Northern fur seal, Eastern
                                                                                  Pacific.
                                                                                 Ringed seal, Arctic.
                                                                                 Ribbon seal.
                                                                                 Spotted seal, Bering.
                                                                                 Steller sea lion, Western
                                                                                  U.S.\1\
                                                                                 Walrus, AK.
    AK Bering Sea, Aleutian Islands       116..................................  Bearded seal, Beringia.
     pollock trawl.                                                              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.

[[Page 12271]]

 
    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 pot.......  204..................................  Gray whale, 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 longline  177..................................  Northern elephant seal,
                                                                                  California breeding.
                                                                                 Sperm whale, North Pacific.\1\
                                                                                 Steller sea lion, Eastern U.S.
                                                                                 Steller sea lion, Western U.S.
    HI shallow-set longline * [supcaret]  14...................................  Bottlenose 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:
    AK Kuskokwim, Yukon, Norton Sound,    360..................................  Harbor porpoise, Bering Sea.
     Kotzebue salmon gillnet.
    AK Prince William Sound salmon set    25...................................  Harbor seal, GOA.
     gillnet.                                                                    Northern sea otter,
                                                                                  Southcentral AK.
                                                                                 Steller sea lion, Western U.S.
    AK roe herring and food/bait herring  15...................................  None documented.
     gillnet.
    CA herring set gillnet..............  11...................................  None documented.
    HI inshore gillnet..................  26...................................  Bottlenose dolphin, HI.
                                                                                 Spinner dolphin, HI.
    WA Grays Harbor salmon drift gillnet  19...................................  Harbor seal, OR/WA coast.
     (excluding treaty Tribal fishing).
    WA/OR Mainstem Columbia River         10...................................  None documented.
     eulachon gillnet.
    WA/OR lower Columbia River (includes  244..................................  California sea lion, U.S.
     tributaries) 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 seine....  16...................................  Humpback whale, 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 seine.....  206..................................  Humpback whale, Hawai[revaps]i.
                                                                                 Humpback whale, Mexico-North
                                                                                  Pacific.
    AK roe herring and food/bait herring  31...................................  None documented.
     purse seine.
    AK salmon beach seine...............  2....................................  None documented.
    AK salmon purse seine (Prince         298..................................  Harbor seal, GOA.
     William Sound, Chignik, Alaska                                              Harbor seal, Prince William
     Peninsula).                                                                  Sound.
    WA/OR sardine purse seine...........  6....................................  None documented.
    CA anchovy, mackerel, sardine purse   53...................................  California sea lion, U.S.
     seine.                                                                      Harbor seal, CA.

[[Page 12272]]

 
    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 salmon     1....................................  None documented.
     seine.
    WA/OR herring, anchovy, smelt, squid  41...................................  None documented.
     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 aquaculture.....  unknown..............................  None documented.
    CA salmon enhancement rearing pen...  >1...................................  None documented.
    CA white seabass enhancement net      13...................................  California sea lion, U.S.
     pens.
    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 hook and    556..................................  None documented.
     line/troll.
    CA halibut, white seabass, and        388..................................  None documented.
     yellowtail hook and line/handline.
    CA/OR/WA non-albacore HMS hook and    124..................................  None documented.
     line.
    AK Gulf of Alaska groundfish hand     4....................................  None documented.
     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 Mariana  9....................................  None documented.
     Islands tuna troll.
    Guam tuna troll.....................  450..................................  None documented.
Longline/Set Line Fisheries:
    AK Bering Sea, Aleutian Islands       4....................................  Killer whale, GOA, AI, BS
     Greenland turbot longline.                                                   transient.
    AK Bering Sea, Aleutian Islands       26...................................  Northern fur seal, Eastern
     Pacific cod longline.                                                        Pacific.
                                                                                 Steller sea lion, Western U.S.
    AK Bering Sea, Aleutian Islands       8....................................  None documented.
     sablefish longline.
    AK Bering Sea, Aleutian Islands       84...................................  Northern fur seal, Eastern
     halibut longline.                                                            Pacific.
                                                                                 Sperm whale, North Pacific.
    AK Gulf of Alaska halibut longline..  689..................................  Harbor seal, Clarence Strait.
                                                                                 Harbor seal, Cook Inlet.
                                                                                 Steller sea lion, Eastern U.S.
    AK Gulf of Alaska Pacific cod         23...................................  Harbor seal, Cook Inlet/
     longline.                                                                    Shelikof Strait.
                                                                                 Steller sea lion, Western U.S.
    AK octopus/squid longline...........  0....................................  None documented.
    AK state-managed waters longline/     464..................................  None documented.
     setline (including sablefish,
     rockfish, lingcod, and
     miscellaneous finfish).
    WA/OR/CA groundfish, bottomfish       314..................................  Bottlenose dolphin, CA/OR/WA
     longline/set 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 longline...  130..................................  None documented.
    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 Islands Atka  17...................................  Harbor seal, Aleutian Islands.
     mackerel trawl.                                                             Northern elephant seal,
                                                                                  California.
                                                                                 Steller sea lion, Western U.S.

[[Page 12273]]

 
    AK Bering Sea, Aleutian Islands       64...................................  Bearded seal, AK.
     Pacific cod trawl.                                                          Ribbon seal.
                                                                                 Steller sea lion, Western U.S.
    AK Bering Sea, Aleutian Islands       22...................................  Harbor seal, Aleutian Islands.
     rockfish trawl.                                                             Ribbon seal.
    AK Gulf of Alaska flatfish trawl....  16...................................  Harbor seal, Cook Inlet/
                                                                                  Shelikof Strait.
                                                                                 Harbor seal, North Kodiak.
                                                                                 Harbor seal, South Kodiak.
                                                                                 Steller sea lion, Western U.S.
    AK Gulf of Alaska Pacific cod trawl.  12...................................  Steller sea lion, Western U.S.
    AK Gulf of Alaska pollock trawl.....  60...................................  Steller sea lion, Western U.S.
    AK Gulf of Alaska rockfish trawl....  35...................................  Steller sea lion, Western U.S.
    AK Kodiak food/bait herring otter     0....................................  None documented.
     trawl.
    AK shrimp otter trawl and beam trawl  12...................................  None documented.
    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 Islands       80...................................  Harbor seal, Bristol Bay.
     Pacific cod pot.                                                            Humpback whale, Hawai[revaps]i.
                                                                                 Humpback whale, Mexico-North
                                                                                  Pacific.
                                                                                 Humpback whale, Western North
                                                                                  Pacific.
    AK Bering Sea, Aleutian Islands       15...................................  Sperm whale, North Pacific.
     sablefish pot.
    AK Bering Sea, Aleutian Islands crab  73...................................  Bowhead whale, Western Arctic.
     pot.                                                                        Gray whale, Eastern North
                                                                                  Pacific.
    AK Gulf of Alaska crab pot..........  86...................................  None documented.
    AK Gulf of Alaska Pacific cod pot...  48...................................  None documented in most recent
                                                                                  5 years of data.
    AK Gulf of Alaska sablefish pot.....  129..................................  None documented.
    AK Southeast Alaska crab pot........  375..................................  Humpback whale, Hawai[revaps]i.
                                                                                 Humpback whale, Mexico-North
                                                                                  Pacific.
    AK Southeast Alaska shrimp pot......  104..................................  Humpback whale, Hawai[revaps]i.
                                                                                 Humpback whale, Mexico-North
                                                                                  Pacific.
    AK shrimp pot, except Southeast.....  77...................................  None documented.
    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 crab pot/    145..................................  None documented.
     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 Islands       2....................................  None documented.
     groundfish jig.
    AK Gulf of Alaska groundfish jig....  68...................................  None documented in most recent
                                                                                  5 years of data.
    AK halibut jig......................  5....................................  None documented.
    American Samoa bottomfish...........  44...................................  None documented.
    Commonwealth of the Northern Mariana  7....................................  None documented.
     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.

[[Page 12274]]

 
    WA/OR/CA groundfish/finfish hook and  689..................................  California sea lion, U.S.
     line.                                                                       Humpback whale, Central America/
                                                                                  Southern Mexico-CA/OR/WA.
                                                                                 Humpback whale, Mainland Mexico-
                                                                                  CA/OR/WA.
    Western Pacific squid jig...........  0....................................  None documented.
Harpoon Fisheries:
    CA swordfish harpoon................  21...................................  None documented.
Pound Net/Weir Fisheries:
    AK herring spawn on kelp pound net..  143..................................  None documented.
    AK Southeast herring roe/food/bait    1....................................  None documented.
     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 invertebrates        188..................................  None documented.
     handpick.
    CA/OR/WA dive collection............  186..................................  None documented.
    CA/WA kelp, seaweed, and algae......  4....................................  None documented.
    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 collection.  320..................................  None documented.
Commercial Passenger Fishing Vessel
 (Charter Boat) Fisheries:
    AK/WA/OR/CA commercial passenger      >7,000 (1,006 AK)....................  Humpback whale, Hawai[revaps]i.
     fishing vessel.                                                             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 of vessels/persons    stocks incidentally killed or
                                                                                             injured
----------------------------------------------------------------------------------------------------------------
                                                   Category I
----------------------------------------------------------------------------------------------------------------
Gillnet Fisheries:
    Mid-Atlantic gillnet................  4,020................................  Bottlenose dolphin, Northern
                                                                                  Migratory coastal.
                                                                                 Bottlenose dolphin, Southern
                                                                                  Migratory coastal.\1\
                                                                                 Bottlenose dolphin, Northern NC
                                                                                  estuarine system.\1\
                                                                                 Bottlenose dolphin, Southern NC
                                                                                  estuarine system.\1\
                                                                                 Bottlenose dolphin, WNA
                                                                                  offshore.
                                                                                 Common dolphin, WNA.
                                                                                 Gray seal, WNA.
                                                                                 Harbor porpoise, GME/BF.
                                                                                 Harbor seal, WNA.
                                                                                 Harp seal, WNA.
                                                                                 Hooded seal, WNA.
                                                                                 Humpback whale, Gulf of Maine.
                                                                                 Minke whale, Canadian east
                                                                                  coast.

[[Page 12275]]

 
    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.
                                                                                 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 American       8,485................................  Humpback whale, Gulf of Maine.
     lobster and Jonah crab trap/pot.                                            Minke whale, Canadian east
                                                                                  coast.
                                                                                 North Atlantic right whale,
                                                                                  WNA.\1\
Longline Fisheries:
    Atlantic Ocean, Caribbean, Gulf of    201..................................  Atlantic spotted dolphin,
     Mexico large pelagics longline *.                                            Northern 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 gillnet \2\..  265..................................  Bottlenose 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 \2\......  273..................................  Bottlenose dolphin, Central FL
                                                                                  coastal.
                                                                                 Bottlenose dolphin, Northern FL
                                                                                  coastal.
    Southeastern U.S. Atlantic shark      21...................................  Bottlenose dolphin, unknown
     gillnet.                                                                     (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 dolphin, WNA
     (including pair trawl).                                                      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.

[[Page 12276]]

 
    Northeast mid-water trawl (including  542..................................  Common dolphin, WNA.
     pair trawl).                                                                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, Gulf of   10,824...............................  Atlantic spotted dolphin,
     Mexico shrimp trawl.                                                         Northern Gulf of Mexico.
                                                                                 Bottlenose dolphin, Barataria
                                                                                  Bay Estuarine System.
                                                                                 Bottlenose dolphin, Eastern GMX
                                                                                  coastal.\1\
                                                                                 Bottlenose dolphin, GMX bay,
                                                                                  sound, estuarine.\1\
                                                                                 Bottlenose dolphin, GMX
                                                                                  continental shelf.
                                                                                 Bottlenose dolphin, Mississippi
                                                                                  River Delta.
                                                                                 Bottlenose dolphin, Mobile Bay,
                                                                                  Bonsecour Bay.
                                                                                 Bottlenose dolphin, Northern
                                                                                  GMX coastal.\1\
                                                                                 Bottlenose dolphin, Pensacola
                                                                                  Bay, East Bay.
                                                                                 Bottlenose dolphin, Perdido
                                                                                  Bay.
                                                                                 Bottlenose dolphin, SC/GA
                                                                                  coastal.\1\
                                                                                 Bottlenose dolphin, Southern
                                                                                  migratory coastal.
                                                                                 Bottlenose dolphin, Western GMX
                                                                                  coastal.\1\
    Virginia shrimp trawl...............  12...................................  None documented.
Trap/Pot Fisheries:
    MA mixed species trap/pot...........  1,240................................  None documented.
    Southeastern U.S. Atlantic, Gulf of   1,101................................  Bottlenose dolphin, Biscayne
     Mexico stone crab 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/pot \2\.  3,493................................  Fin whale, WNA.
                                                                                 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 purse seine.  40-42................................  Bottlenose 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 seine     17...................................  Bottlenose dolphin, Northern
     \2\.                                                                         Migratory coastal.
                                                                                 Bottlenose dolphin, Southern
                                                                                  Migratory coastal.
Haul/Beach Seine Fisheries:

[[Page 12277]]

 
    Mid-Atlantic haul/beach seine.......  359..................................  Bottlenose 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 species stop  unknown..............................  Bottlenose dolphin, Northern NC
     seine/weir/pound net (except the NC                                          estuarine system.
     roe mullet stop net).
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 gillnet...  unknown..............................  None documented in the most
                                                                                  recent 5 years of data.
    RI, southern MA (to Monomoy Island),  unknown..............................  None documented in the most
     and NY Bight (Raritan and Lower NY                                           recent 5 years of data.
     Bays) inshore gillnet.
    Southeast Atlantic inshore gillnet..  unknown..............................  Bottlenose dolphin, Northern SC
                                                                                  estuarine system.
Trawl Fisheries:
    Atlantic shellfish bottom trawl.....  >58..................................  None documented.
    Gulf of Mexico butterfish trawl.....  2....................................  Bottlenose dolphin, Northern
                                                                                  GMX oceanic.
                                                                                 Bottlenose dolphin, Northern
                                                                                  GMX continental shelf.
    Gulf of Mexico mixed species trawl..  20...................................  None documented.
    GA cannonball jellyfish trawl.......  1....................................  Bottlenose 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 herring purse  >7...................................  Harbor seal, WNA.
     seine.
    Gulf of Maine menhaden purse seine..  >2...................................  None documented.
    FL West Coast sardine purse seine...  10...................................  None documented.
Longline/Hook and Line Fisheries:
    Northeast/Mid-Atlantic bottom         >1,207...............................  None documented.
     longline/hook-and-line.
    Gulf of Maine, U.S. Mid-Atlantic      2,846................................  Humpback whale, Gulf of Maine.
     tuna, shark, swordfish hook-and-
     line/harpoon.
    Southeastern U.S. Atlantic, Gulf of   >5,000...............................  Bottlenose dolphin, GMX
     Mexico, and Caribbean snapper-                                               continental shelf.
     grouper and other reef fish bottom
     longline/hook-and-line.
    Southeastern U.S. Atlantic, Gulf of   39...................................  Bottlenose dolphin, Eastern GMX
     Mexico shark bottom longline/hook-                                           coastal.
     and-line.                                                                   Bottlenose dolphin, Northern
                                                                                  GMX continental shelf.
    Southeastern U.S. Atlantic, Gulf of   680..................................  None documented.
     Mexico, and Caribbean pelagic hook-
     and-line/harpoon.
    U.S. Atlantic, Gulf of Mexico         unknown..............................  Bottlenose dolphin, Galveston
     trotline.                                                                    Bay, East Bay, Trinity Bay.
Trap/Pot Fisheries:
    Caribbean mixed species trap/pot....  154..................................  Bottlenose dolphin, Puerto Rico
                                                                                  and United States Virgin
                                                                                  Islands.
    Caribbean spiny lobster trap/pot....  40...................................  None documented.
    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.

[[Page 12278]]

 
    Gulf of Mexico blue crab trap/pot...  4,113................................  Bottlenose 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 trap/    unknown..............................  None documented.
     pot.
    Southeastern U.S. Atlantic, Gulf of   10...................................  None documented.
     Mexico golden crab trap/pot.
    U.S. Mid-Atlantic eel trap/pot......  unknown..............................  None documented.
Stop Seine/Weir/Pound Net/Floating Trap/
 Fyke Net Fisheries:
    Gulf of Maine herring and Atlantic    >1...................................  Harbor porpoise, GME/BF.
     mackerel stop seine/weir.                                                   Harbor seal, WNA.
                                                                                 Minke whale, Canadian east
                                                                                  coast.
                                                                                 Atlantic white-sided dolphin,
                                                                                  WNA.
    U.S. Mid-Atlantic crab stop seine/    2,600................................  None documented.
     weir.
    RI floating trap....................  9....................................  None documented.
    Northeast and Mid-Atlantic fyke net.  unknown..............................  None documented.
Dredge Fisheries:
    Gulf of Maine sea urchin dredge.....  unknown..............................  None documented.
    Gulf of Maine mussel dredge.........  unknown..............................  None documented.
    Gulf of Maine, U.S. Mid-Atlantic sea  >403.................................  None documented.
     scallop dredge.
    Mid-Atlantic blue crab dredge.......  unknown..............................  None documented.
    Mid-Atlantic soft-shell clam dredge.  unknown..............................  None documented.
    Mid-Atlantic whelk dredge...........  unknown..............................  None documented.
    U.S. Mid-Atlantic/Gulf of Mexico      7,000................................  None documented.
     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 seine.....  unknown..............................  None documented.
    Southeastern U.S. Atlantic haul/      25...................................  None documented.
     beach seine.
Dive, Hand/Mechanical Collection
 Fisheries:
    Atlantic Ocean, Gulf of Mexico,       20,000...............................  None documented.
     Caribbean shellfish dive, hand/
     mechanical collection.
    Gulf of Maine urchin dive, hand/      unknown..............................  None documented.
     mechanical collection.
    Gulf of Mexico, Southeast Atlantic,   unknown..............................  None documented.
     Mid-Atlantic, and Caribbean cast
     net.
Commercial Passenger Fishing Vessel
 (Charter Boat) Fisheries:

[[Page 12279]]

 
    Atlantic Ocean, Gulf of Mexico,       4,000................................  Bottlenose dolphin, Barataria
     Caribbean commercial passenger                                               Bay estuarine system.
     fishing vessel.                                                             Bottlenose dolphin, Biscayne
                                                                                  Bay estuarine.
                                                                                 Bottlenose dolphin, Central FL
                                                                                  coastal.
                                                                                 Bottlenose dolphin, Charleston
                                                                                  estuarine system.
                                                                                 Bottlenose dolphin,
                                                                                  Choctawhatchee Bay.
                                                                                 Bottlenose dolphin, Eastern GMX
                                                                                  coastal.
                                                                                 Bottlenose dolphin, FL Bay.
                                                                                 Bottlenose dolphin, GMX bay,
                                                                                  sound, estuarine.
                                                                                 Bottlenose dolphin, Indian
                                                                                  River Lagoon estuarine system.
                                                                                 Bottlenose dolphin,
                                                                                  Jacksonville estuarine system.
                                                                                 Bottlenose dolphin, Mississippi
                                                                                  Sound, Lake Borgne, Bay
                                                                                  Boudreau.
                                                                                 Bottlenose dolphin, Northern FL
                                                                                  coastal.
                                                                                 Bottlenose dolphin, Northern GA/
                                                                                  Southern SC estuarine.
                                                                                 Bottlenose dolphin, Northern
                                                                                  GMX coastal.
                                                                                 Bottlenose dolphin, Northern
                                                                                  migratory coastal.
                                                                                 Bottlenose dolphin, Northern NC
                                                                                  estuarine.
                                                                                 Bottlenose dolphin, Southern
                                                                                  migratory coastal.
                                                                                 Bottlenose dolphin, Southern NC
                                                                                  estuarine system.
                                                                                 Bottlenose dolphin, SC/GA
                                                                                  coastal.
                                                                                 Bottlenose dolphin, Western GMX
                                                                                  coastal.
                                                                                 Short-finned pilot whale, WNA.
----------------------------------------------------------------------------------------------------------------
List of Abbreviations and Symbols Used in table 2: DE--Delaware; FL--Florida; GA--Georgia; GME/BF--Gulf of Maine/
  Bay of Fundy; GMX--Gulf of Mexico; MA--Massachusetts; NC--North Carolina; NY--New York; RI--Rhode Island; SC--
  South Carolina; VA--Virginia; WNA--Western North Atlantic;
\1\ Fishery classified based on mortalities and serious injuries of this stock, which are greater than or equal
  to 50 percent (Category I) or greater than 1 percent and less than 50 percent (Category II) of the stock's
  PBR;
\2\ Fishery classified by analogy; and
* Fishery has an associated high seas component listed in table 3.


    Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
                                                  Marine mammal species
                                 Number of HSFC       and/or stocks
      Fishery description            permits      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, HI
     Deep-set component) *                        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.

[[Page 12280]]

 
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.
                                                 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                    6  No information.
     Troll.
    Western Pacific Pelagic (HI              14  Bottlenose dolphin, HI
     Shallow-set component) *                     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                    1  No information.
     Troll.
    Western Pacific Pelagic....               1  No information.
Troll Fisheries:
    Atlantic Highly Migratory                 0  No information.
     Species.
    South Pacific Albacore                   23  No information.
     Troll.
    Western Pacific Pelagic....               6  No information.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
Longline Fisheries:
    Northwest Atlantic Bottom                 1  None documented.
     Longline.
    Pacific Highly Migratory                119  None documented in the
     Species.                                     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.

[[Page 12281]]

 
                                         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.
                                         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) at the proposed rule stage that this rule would 
not have a significant economic impact on a substantial number of small 
entities. No comments were received on that certification, and no new 
information has been discovered to change that conclusion. Accordingly, 
no regulatory flexibility analysis is required, and none has been 
prepared.
    This rule contains existing collection-of-information (COI) 
requirements subject to the Paperwork Reduction Act but would not 
impose additional or new COI requirements. The COI for the registration 
of individuals under the MMPA has been approved by the Office of 
Management and Budget (OMB) under OMB Control Number 0648-0293 (0.15 
hours per report for new registrants). The requirement for reporting 
marine mammal mortalities or injuries has been approved by OMB under 
OMB Control Number 0648-0292 (0.15 hours per report). These estimates 
include the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the COI. Send comments regarding these reporting burden 
estimates or any other aspect of the COI, including suggestions for 
reducing burden, to NMFS (see ADDRESSES). You may also submit comments 
on these or any other aspects of the collection of information at 
https://www.reginfo.gov/public/do/PRAMain.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a COI, subject to the requirements of the Paperwork 
Reduction Act, unless that COI displays a currently valid OMB control 
number.
    This rule has been determined to be not significant for the 
purposes of Executive Orders 12866 and 13563.
    In accordance with the Companion Manual for NOAA Administrative 
Order (NAO) 216-6A, NMFS determined that the publication of this LOF 
qualifies to be categorically excluded from further NEPA review, 
consistent with categories of activities identified in Categorical 
Exclusion G7 (``Preparation of policy directives, rules, regulations, 
and guidelines of an administrative, financial, legal, technical, or 
procedural nature, or for which the environmental effects are too 
broad, speculative or conjectural to lend themselves to

[[Page 12282]]

meaningful analysis and will be subject later to the NEPA process, 
either collectively or on a case-by-case basis'') of the Companion 
Manual and we have not identified any extraordinary circumstances 
listed in Chapter 4 of the Companion Manual for NAO 216-6A that would 
preclude application of this categorical exclusion. If NMFS takes a 
management action, for example, through the development of a TRP, NMFS 
would first prepare an Environmental Impact Statement or Environmental 
Assessment, as required under NEPA, specific to that action.
    This rule would not affect species listed as threatened or 
endangered under the ESA or their associated critical habitat. The 
impacts of numerous fisheries have been analyzed in various biological 
opinions, and this rule will not affect the conclusions of those 
opinions. The classification of fisheries on the LOF is not considered 
to be a management action that would adversely affect threatened or 
endangered species. If NMFS takes a management action, for example, 
through the development of a TRP, NMFS would consult under ESA section 
7 on that action.
    This rule would have no adverse impacts on marine mammals and may 
have a positive impact on marine mammals by improving knowledge of 
marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This rule would not affect the land or water uses or natural 
resources of the coastal zone, as specified under section 307 of the 
Coastal Zone Management Act.

References

Baird, R.W., S.D. Mahaffy, A.M. Gorgone, T. Cullins, D.J. McSweeney, 
E.M. Oelson, A.L. Bradford, J. Barlow, D.L. Webster. 2014. False 
Killer Whales and Fisheries Interaction in Hawaiian Waters: Evidence 
for Sex Bias and Variation Among Populations and Social Groups. 
Marine Mammal Science 31(2): 579-590.
Bradford, A.L., E.M. Oleson, R.W. Baird, C.H. Boggs, K.A. Forney, 
and N.C. Young. 2015. Revised stock boundaries for false killer 
whales (Pseudorca crassidens) in Hawaiian waters. U.S. Department. 
Commerce, NOAA Technical Memorandum. NOAA-NMFS-PIFSC-47, 29p.
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.
Carretta, J.W., J. Greenman, K. Wilkinson, L. Saez, D. Lawson and J. 
Viezbicke. 2023a. Sources of Human-Related Injury and Mortality for 
U.S. Pacific West coast Marine Mammal Stock Assessments, 2017-2021. 
U.S. Department of Commerce. NOAA Technical Memorandum NMFS-SWFSC-
690. 225 p.
Carretta, J.W., E.M. Oleson, K.A. Forney, M.M. Muto, D.W. Weller, 
A.R. Lang, J. Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. Moore, and 
R.L. Brownell. 2022. U.S. Pacific Marine Mammal Stock Assessments: 
2021. U.S. Department of Commerce, NOAA Technical Memorandum NMFS-
SWFSC-663. 395 p.
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: February 9, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-03013 Filed 2-15-24; 8:45 am]
BILLING CODE 3510-22-P