Proposed Rule2021-16653
List of Fisheries for 2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 9, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The National Marine Fisheries Service (NMFS) publishes its proposed List of Fisheries (LOF) for 2022, as required by the Marine Mammal Protection Act (MMPA). The LOF for 2022 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of mortality and serious injury of marine mammals that occurs incidental to each fishery. The classification of a fishery on the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan (TRP) requirements.
Full Text
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<title>Federal Register, Volume 86 Issue 150 (Monday, August 9, 2021)</title>
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[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Proposed Rules]
[Pages 43491-43517]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16653]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 210730-0153]
RIN 0648-BK40
List of Fisheries for 2022
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comment.
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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its
proposed List of Fisheries (LOF) for 2022, as required by the Marine
Mammal Protection Act (MMPA). The LOF for 2022 reflects new information
on interactions between commercial fisheries and marine mammals. NMFS
must classify each commercial fishery on the LOF into one of three
categories under the MMPA based upon the level of mortality and serious
injury of marine mammals that occurs incidental to each fishery. The
classification of a fishery on the LOF determines whether participants
in that fishery are subject to certain provisions of the MMPA, such as
registration, observer coverage, and take reduction plan (TRP)
requirements.
DATES: Comments must be received by September 8, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0020, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
enter NOAA-NMFS-2021-0020 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Chief, Marine Mammal and Sea
Turtle Conservation Division, Office of Protected Resources, NMFS, 1315
East-West Highway, Silver Spring, MD 20910.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter N/A in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, Office of Protected
Resources, 301-427-8402; Allison Rosner, Greater Atlantic Region, 978-
281-9328; Jessica Powell, Southeast Region, 727-824-5312; Dan Lawson,
West Coast Region, 206-526-4740; Suzie Teerlink, Alaska Region, 907-
586-7240; Diana Kramer, Pacific Islands Region, 808-725-5167.
Individuals who use a telecommunications device for the hearing
impaired may call the Federal Information Relay Service at 1-800-877-
8339 between 8 a.m. and 4 p.m. Eastern time, Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
What is the List of Fisheries?
Section 118 of the MMPA requires NMFS to place all U.S. commercial
fisheries into one of three categories based on the level of incidental
mortality and serious injury of marine mammals occurring in each
fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the
LOF determines whether participants in that fishery may be required to
comply with certain provisions of the MMPA, such as registration,
observer coverage, and take reduction plan requirements. NMFS must
reexamine the LOF annually, considering new information in the Marine
Mammal Stock Assessment Reports (SARs) and other relevant sources, and
publish in the Federal Register any necessary changes to the LOF after
notice and opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)).
How does NMFS determine in which category a fishery is placed?
The definitions for the fishery classification criteria can be
found in the implementing regulations for section 118 of the MMPA (50
CFR 229.2). The criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all
fisheries on each marine mammal stock and then addresses the impact of
individual fisheries on each stock. This approach is based on
consideration of the rate, in numbers of animals per year, of
incidental mortalities and serious injuries of marine mammals due to
commercial fishing operations relative to the potential biological
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C.
1362 (20)) defines the PBR level as the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal
stock while allowing that stock to reach or maintain its optimum
sustainable population. This definition can also be found in the
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
Tier 1: Tier 1 considers the cumulative fishery mortality and
serious injury for a particular stock. If the total annual mortality
and serious injury of a marine mammal stock, across all fisheries, is
less than or equal to 10 percent of the PBR level of the stock, all
fisheries interacting with the stock will be placed in Category III
(unless those fisheries interact with other stock(s) for which total
annual mortality and serious injury is greater than 10 percent of PBR).
Otherwise, these fisheries are subject to the next tier (Tier 2) of
analysis to determine their classification.
Tier 2: Tier 2 considers fishery-specific mortality and serious
injury for a particular stock.
Category I: Annual mortality and serious injury of a stock in a
given fishery is greater than or equal to 50 percent of the PBR level
(i.e., frequent incidental mortality and serious injury of marine
mammals).
Category II: Annual mortality and serious injury of a stock in a
given fishery is greater than 1 percent and less than 50 percent of the
PBR level (i.e., occasional incidental mortality and serious injury of
marine mammals).
Category III: Annual mortality and serious injury of a stock in a
given fishery is less than or equal to 1 percent of the PBR level
(i.e., a remote likelihood of or no known incidental mortality and
serious injury of marine mammals).
Additional details regarding how the categories were determined are
provided in the preamble to the final rule implementing section 118 of
the MMPA (60 FR 45086; August 30, 1995).
Because fisheries are classified on a per-stock basis, a fishery
may qualify as one category for one marine mammal stock and another
category for a different marine mammal stock. A fishery is typically
classified on the LOF at its highest level of classification (e.g., a
fishery qualifying for Category III for one marine mammal stock and for
Category II for another marine mammal stock will be listed under
Category II). Stocks driving a fishery's classification are denoted
with a superscript ``1'' in Tables 1 and 2.
[[Page 43492]]
Other Criteria That May Be Considered
The tier analysis requires a minimum amount of data, and NMFS does
not have sufficient data to perform a tier analysis on certain
fisheries. Therefore, NMFS has classified certain fisheries by analogy
to other fisheries that use similar fishing techniques or gear that are
known to cause mortality or serious injury of marine mammals, or
according to factors discussed in the final LOF for 1996 (60 FR 67063;
December 28, 1995) and listed in the regulatory definition of a
Category II fishery. In the absence of reliable information indicating
the frequency of incidental mortality and serious injury of marine
mammals by a commercial fishery, NMFS will determine whether the
incidental mortality or serious injury is ``occasional'' by evaluating
other factors such as fishing techniques, gear used, methods used to
deter marine mammals, target species, seasons and areas fished,
qualitative data from logbooks or fishermen reports, stranding data,
and the species and distribution of marine mammals in the area, or at
the discretion of the Assistant Administrator for Fisheries (50 CFR
229.2).
Further, eligible commercial fisheries not specifically identified
on the LOF are deemed to be Category II fisheries until the next LOF is
published (50 CFR 229.2).
How does NMFS determine which species or stocks are included as
incidentally killed or injured in a fishery?
The LOF includes a list of marine mammal species and/or stocks
incidentally killed or injured in each commercial fishery. The list of
species and/or stocks incidentally killed or injured includes
``serious'' and ``non-serious'' documented injuries as described later
in the List of Species and/or Stocks Incidentally Killed or Injured in
the Pacific Ocean and List of Species and/or Stocks Incidentally Killed
or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean
sections. To determine which species or stocks are included as
incidentally killed or injured in a fishery, NMFS annually reviews the
information presented in the current SARs and injury determination
reports. SARs are brief reports summarizing the status of each stock of
marine mammals occurring in waters under U.S. jurisdiction, including
information on the identity and geographic range of the stock,
population statistics related to abundance, trend, and annual
productivity, notable habitat concerns, and estimates of human-caused
mortality and serious injury (M/SI) by source. The SARs are based upon
the best available scientific information and provide the most current
and inclusive information on each stock's PBR level and level of
interaction with commercial fishing operations. The best available
scientific information used in the SARs and reviewed for the 2022 LOF
generally summarizes data from 2014-2018. NMFS also reviews other
sources of new information, including injury determination reports,
bycatch estimation reports, observer data, logbook data, stranding
data, disentanglement network data, fishermen self-reports (i.e., MMPA
mortality/injury reports), and anecdotal reports from that time period.
In some cases, more recent information may be available and used in the
LOF.
For fisheries with observer coverage, species or stocks are
generally removed from the list of marine mammal species and/or stocks
incidentally killed or injured if no interactions are documented in the
5-year timeframe summarized in that year's LOF. For fisheries with no
observer coverage and for observed fisheries with evidence indicating
that undocumented interactions may be occurring (e.g., fishery has low
observer coverage and stranding network data include evidence of
fisheries interactions that cannot be attributed to a specific fishery)
species and stocks may be retained for longer than 5 years. For these
fisheries, NMFS will review the other sources of information listed
above and use its discretion to decide when it is appropriate to remove
a species or stock.
Where does NMFS obtain information on the level of observer coverage in
a fishery on the LOF?
The best available information on the level of observer coverage
and the spatial and temporal distribution of observed marine mammal
interactions is presented in the SARs. Data obtained from the observer
program and observer coverage levels are important tools in estimating
the level of marine mammal mortality and serious injury in commercial
fishing operations. Starting with the 2005 SARs, each Pacific and
Alaska SAR includes an appendix with detailed descriptions of each
Category I and II fishery on the LOF, including the observer coverage
in those fisheries. For Atlantic fisheries, this information can be
found in the LOF Fishery Fact Sheets. The SARs do not provide detailed
information on observer coverage in Category III fisheries because,
under the MMPA, Category III fisheries are not required to accommodate
observers aboard vessels due to the remote likelihood of mortality and
serious injury of marine mammals. Fishery information presented in the
SARs' appendices and other resources referenced during the tier
analysis may include: Level of observer coverage; target species;
levels of fishing effort; spatial and temporal distribution of fishing
effort; characteristics of fishing gear and operations; management and
regulations; and interactions with marine mammals. Copies of the SARs
are available on the NMFS Office of Protected Resources website at:
<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region</a>. 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: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables">https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables</a>. Additional information on
observer programs in commercial fisheries can be found on the NMFS
National Observer Program's website: <a href="https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program">https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program</a>.
How do I find out if a specific fishery is in Category I, II, or III?
The LOF includes three tables that list all U.S. commercial
fisheries by Category. Table 1 lists all of the commercial fisheries in
the Pacific Ocean (including Alaska); Table 2 lists all of the
commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean; and Table 3 lists all U.S. authorized commercial fisheries
on the high seas. A fourth table, Table 4, lists all commercial
fisheries managed under applicable TRPs or take reduction teams (TRT).
Are high seas fisheries included on the LOF?
Beginning with the 2009 LOF, NMFS includes high seas fisheries in
Table 3 of the LOF, along with the number of valid High Seas Fishing
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues
HSFCA permits only for high seas fisheries analyzed in accordance with
the National Environmental Policy Act (NEPA) and the Endangered Species
Act (ESA). The authorized high seas fisheries are broad in scope and
encompass multiple specific fisheries identified by gear type. For the
purposes of the LOF, the high seas fisheries are subdivided based on
gear type (e.g., trawl, longline, purse
[[Page 43493]]
seine, gillnet, troll, etc.) to provide more detail on composition of
effort within these fisheries. Many fisheries operate in both U.S.
waters and on the high seas, creating some overlap between the
fisheries listed in Tables 1 and 2 and those in Table 3. In these
cases, the high seas component of the fishery is not considered a
separate fishery, but an extension of a fishery operating within U.S.
waters (listed in Table 1 or 2). NMFS designates those fisheries in
Tables 1, 2, and 3 with an asterisk (*) after the fishery's name. The
number of HSFCA permits listed in Table 3 for the high seas components
of these fisheries operating in U.S. waters does not necessarily
represent additional effort that is not accounted for in Tables 1 and
2. Many vessels/participants holding HSFCA permits also fish within
U.S. waters and are included in the number of vessels and participants
operating within those fisheries in Tables 1 and 2.
HSFCA permits are valid for 5 years, during which time Fishery
Management Plans (FMPs) can change. Therefore, some vessels/
participants may possess valid HSFCA permits without the ability to
fish under the permit because it was issued for a gear type that is no
longer authorized under the most current FMP. For this reason, the
number of HSFCA permits displayed in Table 3 is likely higher than the
actual U.S. fishing effort on the high seas. For more information on
how NMFS classifies high seas fisheries on the LOF, see the preamble
text in the final 2009 LOF (73 FR 73032; December 1, 2008). Additional
information about HSFCA permits can be found at <a href="https://www.fisheries.noaa.gov/permit/high-seas-fishing-permits">https://www.fisheries.noaa.gov/permit/high-seas-fishing-permits</a>.
Where can I find specific information on fisheries listed on the LOF?
Starting with the 2010 LOF, NMFS developed summary documents, or
fishery fact sheets, for each Category I and II fishery on the LOF.
These fishery fact sheets provide the full history of each Category I
and II fishery, including: When the fishery was added to the LOF; the
basis for the fishery's initial classification; classification changes
to the fishery; changes to the list of species and/or stocks
incidentally killed or injured in the fishery; fishery gear and methods
used; observer coverage levels; fishery management and regulation; and
applicable TRPs or TRTs, if any. These fishery fact sheets are updated
after each final LOF and can be found under ``How Do I Find Out if a
Specific Fishery is in Category I, II, or III?'' on the NMFS Office of
Protected Resources' website: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries</a>,
linked to the ``List of Fisheries Summary'' table. NMFS is developing
similar fishery fact sheets for each Category III fishery on the LOF.
However, due to the large number of Category III fisheries on the LOF
and the lack of accessible and detailed information on many of these
fisheries, the development of these fishery fact sheets is taking
significant time to complete. NMFS began posting Category III fishery
fact sheets online with the LOF for 2016.
Am I required to register under the MMPA?
Owners of vessels or gear engaging in a Category I or II fishery
are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50
CFR 229.4, to register with NMFS and obtain a marine mammal
authorization to lawfully take non-endangered and non-threatened marine
mammals incidental to commercial fishing operations. Owners of vessels
or gear engaged in a Category III fishery are not required to register
with NMFS or obtain a marine mammal authorization.
How do I register, renew and receive my Marine Mammal Authorization
Program authorization certificate?
NMFS has integrated the MMPA registration process, implemented
through the Marine Mammal Authorization Program (MMAP), with existing
state and Federal fishery license, registration, or permit systems for
Category I and II fisheries on the LOF. Participants in these fisheries
are automatically registered under the MMAP and are not required to
submit registration or renewal materials.
In the Pacific Islands, West Coast, and Alaska regions, NMFS will
issue vessel or gear owners an authorization certificate via U.S. mail
or with their state or Federal license or permit at the time of
issuance or renewal. In the Greater Atlantic and Southeast Regions,
NMFS will issue vessel or gear owners an authorization certificate via
U.S. mail automatically at the beginning of each calendar year.
Vessel or gear owners who participate in fisheries in these regions
and have not received authorization certificates by the beginning of
the calendar year, or with renewed fishing licenses, must contact the
appropriate NMFS Regional Office (see FOR FURTHER INFORMATION CONTACT).
Authorization certificates may also be obtained by visiting the MMAP
website <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate</a>.
The authorization certificate, or a copy, must be on board the
vessel while it is operating in a Category I or II fishery, or for non-
vessel fisheries, in the possession of the person in charge of the
fishing operation (50 CFR 229.4(e)). Although efforts are made to limit
the issuance of authorization certificates to only those vessel or gear
owners that participate in Category I or II fisheries, not all state
and Federal license or permit systems distinguish between fisheries as
classified by the LOF. Therefore, some vessel or gear owners in
Category III fisheries may receive authorization certificates even
though they are not required for Category III fisheries.
Individuals fishing in Category I and II fisheries for which no
state or Federal license or permit is required must register with NMFS
by contacting their appropriate Regional Office (see ADDRESSES).
Am I required to submit reports when I kill or injure a marine mammal
during the course of commercial fishing operations?
In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6,
any vessel owner or operator, or gear owner or operator (in the case of
non-vessel fisheries), participating in a fishery listed on the LOF
must report to NMFS all incidental mortalities and injuries of marine
mammals that occur during commercial fishing operations, regardless of
the category in which the fishery is placed (I, II, or III) within 48
hours of the end of the fishing trip or, in the case of non-vessel
fisheries, fishing activity. ``Injury'' is defined in 50 CFR 229.2 as a
wound or other physical harm. In addition, any animal that ingests
fishing gear or any animal that is released with fishing gear
entangling, trailing, or perforating any part of the body is considered
injured, regardless of the presence of any wound or other evidence of
injury, and must be reported.
Mortality/injury reporting forms and instructions for submitting
forms to NMFS can be found at: <a href="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">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</a> 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 <a href="/cdn-cgi/l/email-protection#8ce2e1eaffa2e1e5fee9fce3fef8cce2e3ededa2ebe3fa"><span class="__cf_email__" data-cfemail="ef8182899cc182869d8a9f809d9baf81808e8ec1888099">[email protected]</span></a>;
[[Page 43494]]
(3) faxed to the NMFS Office of Protected Resources at 301-713-0376; or
(4) mailed to the NMFS Office of Protected Resources (mailing address
is provided on the postage-paid form that can be printed from the web
address listed above). Reporting requirements and procedures are found
in 50 CFR 229.6.
Am I required to take an observer aboard my vessel?
Individuals participating in a Category I or II fishery are
required to accommodate an observer aboard their vessel(s) upon request
from NMFS. MMPA section 118 states that the Secretary is not required
to place an observer on a vessel if the facilities for quartering an
observer or performing observer functions are so inadequate or unsafe
that the health or safety of the observer or the safe operation of the
vessel would be jeopardized; thereby authorizing the exemption of
vessels too small to safely accommodate an observer from this
requirement. However, U.S. Atlantic Ocean, Caribbean, or Gulf of Mexico
large pelagics longline vessels operating in special areas designated
by the Pelagic Longline Take Reduction Plan implementing regulations
(50 CFR 229.36(d)) will not be exempted from observer requirements,
regardless of their size. Observer requirements are found in 50 CFR
229.7.
Am I required to comply with any marine mammal TRP regulations?
Table 4 provides a list of fisheries affected by TRPs and TRTs. TRP
regulations are found at 50 CFR 229.30 through 229.37. A description of
each TRT and copies of each TRP can be found at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams</a>. 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: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries</a>, or from any NMFS Regional Office at the
addresses listed below:
NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930-2298, Attn: Allison Rosner;
NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL
33701, Attn: Jessica Powell;
NMFS, West Coast Region, Long Beach Office, 501 W Ocean Blvd.,
Suite 4200, Long Beach, CA 90802-4213, Attn: Dan Lawson;
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West
9th Street, Juneau, AK 99802, Attn: Suzie Teerlink; or
NMFS, Pacific Islands Regional Office, Protected Resources
Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn:
Diana Kramer.
Sources of Information Reviewed for the 2022 LOF
NMFS reviewed the marine mammal incidental mortality and serious
injury information presented in the SARs for all fisheries to determine
whether changes in fishery classification are warranted. The SARs are
based on the best scientific information available at the time of
preparation, including the level of mortality and serious injury of
marine mammals that occurs incidental to commercial fishery operations
and the PBR levels of marine mammal stocks. The information contained
in the SARs is reviewed by regional Scientific Review Groups (SRGs)
representing Alaska, the Pacific (including Hawaii), and the U.S.
Atlantic, Gulf of Mexico, and Caribbean. The SRGs were established by
the MMPA to review the science that informs the SARs, and to advise
NMFS on marine mammal population status, trends, and stock structure,
uncertainties in the science, research needs, and other issues.
NMFS also reviewed other sources of new information, including
marine mammal stranding and entanglement data, observer program data,
fishermen self-reports, reports to the SRGs, conference papers, FMPs,
and ESA documents.
The LOF for 2022 was based on, among other things, stranding data;
fishermen self-reports; and SARs, primarily the 2020 SARs, which are
based on data from 2014-2018. The SARs referenced in this LOF include:
2018 (84 FR 28489; June 19, 2019), 2019 (84 FR 65353; November 27,
2019), and draft 2020 (85 FR 78307; December 4, 2020). The SARs are
available at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region</a>.
Summary of Changes to the LOF for 2022
The following summarizes changes to the LOF for 2022, including the
classification of fisheries, fisheries listed, the estimated number of
vessels/persons in a particular fishery, and the species and/or stocks
that are incidentally killed or injured in a particular fishery. NMFS
re-classifies one fishery in the LOF for 2022. Additionally, NMFS adds
four fisheries to the LOF. NMFS also makes changes to the estimated
number of vessels/persons and list of species and/or stocks killed or
injured in certain fisheries. Many Category III fisheries on the LOF
have never been described in the LOF. While detailed information
describing each fishery on the LOF has been included within the SARs
for some fisheries, a FMP, TRP, or by state agencies, general
descriptive information is also included here to clearly define each
fishery that is on the LOF. Since the 2016 LOF (80 FR 58427; September
29, 2015), NMFS has been developing Category III fishery fact sheets
that are available online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables">https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables</a>. NMFS is
requesting public comment on the fisheries descriptions below to
include as fact sheet content. The classifications and definitions of
U.S. commercial fisheries for 2022 are identical to those provided in
the LOF for 2021 with the changes discussed below. State and regional
abbreviations used in the following paragraphs include: AK (Alaska),
BSAI (Bering Sea, Aleutian Island), CA (California), Gulf of Alaska
(GOA), HI (Hawaii), Maine Hawaiian Islands (MHI), OR (Oregon), WA
(Washington), and WNA (Western North Atlantic).
Commercial Fisheries in the Pacific Ocean
Classification of Fisheries
NMFS proposes to reclassify the Category II AK Bering Sea, Aleutian
Island (BSAI) rockfish trawl fishery to a Category III fishery. One
killer whale (Gulf of Alaska, BSAI transient stock) mortality in 2012
was driving the Category II classification of this fishery. From 2014-
2018, this fishery had 100 percent observer coverage, and no additional
killer whale M/SI have been observed or reported in this timeframe for
this fishery (Muto et al., 2021). Therefore, NMFS proposes to
reclassify the AK BSAI rockfish trawl fishery from a Category II to a
Category III fishery.
[[Page 43495]]
Addition of Fisheries
NMFS proposes to add the WA/OR/CA other groundfish pot fishery as a
Category III fishery. This new Category III fishery includes pot
fishing effort from the previously named Category III CA nearshore
finfish live trap/hook-and-line fishery and other groundfish pot
fishing effort (separate from the sablefish pot fishery) that is not
currently included on the LOF.
The groundfish pot fishery (other than sablefish) in WA/OR/CA
targets close to 100 different species that generally live on or near
the bottom. There are over 60 different rockfish species, which
includes widow, yellowtail, canary, chilipepper, yelloweye, and
vermilion rockfish. Important species of flatfish include Dover sole,
petrale sole, starry and arrowtooth flounder, and Pacific sanddab.
Other target species include boccaccio, cowcod, thornyheads, and
Pacific Ocean perch. Due to the variety of species, there is
significant variation in the areas and depths where the gear is fished.
Depths can range from 11-722 fathoms (20-1,300 meters). The locations
where fishermen are allowed to fish are limited by federal and state-
designated conservation areas (e.g., the Rockfish Conservation Area).
The fishery operates year-round.
The traps can be either rectangular, conical or trapezoidal in
shape. Conical traps are typically 36-72 inches (91-182 centimeters) in
diameter. In California, the diameter limit is 92 inches (233
centimeters) maximum. All traps are between 28-32 inches (71-81
centimeters) in height. A destructive device capable of leaving an 8-
inch (20 centimeter) in diameter opening is required. Line consists of
a nylon or nylon poly-blend material of \3/8\-\5/8\ inch diameter,
attached to a string of pots/traps on one end, and a large polyball at
the surface. The open access fishery uses 1-8 strings of 3-4 pots; the
limited entry fishery uses 20-30 of these strings. Whether traps are
used individually or in a string, it is mandatory that the surface end
or terminal end be marked with a pole, flag, radar reflector, and a
buoy. In California, the license number of the fisher is displayed on
the polyball with an accompanying ``B''. The gear must be attended to
at least once every 7 days.
There are over 100 species managed under the Pacific Fishery
Management Council's (PFMC) Pacific Coast Groundfish FMP. It outlines
the areas, species, regulations, and the process that is used to make
changes to the fishery. The plan also creates guidelines for the
biennial process of setting harvest levels. The fishery is managed
under two sectors; limited entry and open access. Both sectors
generally share regulations applied to other groundfish fisheries such
as, quotas, harvest guidelines, trip and landing limits, area
restrictions, seasonal closures, and gear restrictions.
Access to the limited entry fishery requires a limited entry
permit, in addition to gear endorsements required by the individual
states. Specifically, there is a limited entry permit with a non-
sablefish fixed gear endorsement. Individual vessel landing limits are
enforced. Open access privileges are currently available to any
fishermen with the required state gear endorsements, but catch quotas
and area closures are more restrictive than the primary limited entry
permit. Open access quotas vary based upon the area fished.
There are currently 68 participants in this fishery. In the Open
Access fixed gear fishery, observer coverage rates during 2009-2018
ranged from 2-12 percent. Historically, there have been no documented
marine mammal mortalities or injuries incidental to the components of
this fishery. Therefore, NMFS proposes to add this fishery as a
Category III fishery.
NMFS proposes to add the CA other crab/shellfish pot fishery as a
Category III fishery. This new Category III fishery targets several
species of crab (e.g., spider or sheep, Tanner crab) and other
shellfish species (e.g., Kellet's whelk) using trap/pot gear.
The majority of effort for Tanner crabs occurs in northern
California out of Eureka and Crescent City. Otherwise, most of the
components of this fishery are primarily active south of Point
Conception from Santa Barbara to San Diego.
Tanner crab pots/traps are larger (up to 10 ft (3 m) x 10 ft (3 m))
than those used to target other species, with a depth of no more than
42 inches (107 centimeters). The traps consist either of 3 mm
polyethylene web or vinyl-coated steel wire with at least three
openings of 4.5 inches (11 centimeters) inside diameter on the sides
and upper panel of the trap, to allow undersized crabs to escape. Up to
480 traps can be used per permitted vessel, with a maximum of 80 traps
used per a single string. Every string of traps is marked with a buoy
on each end, and each buoy is marked with the vessel's commercial boat
registration number preceded by the letters ``TC''.
The gear used to target other species in this fishery are generally
similar to pots/traps used to catch other prominent shellfish species
that include Dungeness crab, rock crab, and spiny lobster. Destructive
devices that create an unobstructed opening anywhere in the top or
upper half of the trap when the material corrodes or fails are
required. Most traps are fished singularly, but strings of 5-25 traps
may be used to target some species.
A Tanner crab trap vessel permit is required by the state of
California. There is a 5-inch (12.7 centimeters) minimum carapace size
limit, and measuring devices should be present on the vessel at all
times. Only males are allowed to be retained. The cumulative trip
limits for each permitted vessel are 250,000 pounds (113,398 kilograms)
of whole crab over each 2-month period. There is an annual catch limit
of 2 million pounds for the period from April 1 to March 31 of the
following year. When the limit is close to being reached, the State can
give notice of at least 10 days before the closure. No finfish other
than sablefish are allowed to be retained under the Tanner crab permit.
Observers and logbooks are required for the Tanner crab fishery.
Spider crab and other species can be landed under a general trap
permit from the State of California. The total allowable catch of
spider crab for the entire state is 95,000 pounds (43,091 kilograms)
landed during a calendar year.
There are currently 40 participants in this fishery. There is
partial observer coverage for this fishery, there have been no
documented marine mammal mortalities or injuries from stranding or
other data. Therefore, NMFS proposes to add this fishery as a Category
III fishery.
NMFS proposes to add the CA/OR/WA non-albacore Highly Migratory
Species (HMS) hook and line fishery as a Category III fishery. This new
Category III fishery includes hook and line fishing gear not covered by
fisheries currently included on the LOF. Fishing effort using troll and
other surface hook and line gear targeting HMS are not captured in the
two currently named HMS hook and line fisheries on the LOF (Category
III WA/OR/CA albacore surface hook and line/troll fishery and Category
III CA pelagic longline fishery).
Hook and line fisheries for non-albacore HMS species occur in
Federal waters (3-200 nm), mostly in the Southern California Bight with
very little effort occurring north of Point Conception. The species
targeted include swordfish, tuna (bluefin and yellowfin), thresher
shark (common, bigeye, and pelagic), shortfin mako shark, dorado, and
opah.
The fisheries operate year-round. Fishing effort generally starts
during late spring/early summer and starts dropping off towards late
fall/early winter, depending on the availability
[[Page 43496]]
and movement patterns of HMS. The presence of large scale ocean/climate
conditions such as El Ni[ntilde]o and La Ni[ntilde]a can influence the
movement of HMS species considerably. A wide variety of depths within
the water column may be targeted depending on species and other
factors.
The main type of hook and line gear used for non-albacore HMS is
troll gear, although other surface hook and line gear such as rod-and-
reel and hand lines may be used. Troll gear typically includes one or
more lines with lures or baited hooks attached that are drawn
(``trolled'') through the water column at various depths, depending on
species targeted.
All HMS require a Federal HMS permit, and additional state permits
may apply. All West Coast non-albacore hook and line fisheries are open
access. There are no limits to the number of species that can be
landed, with the exception of bluefin tuna trip limits specified
through the Inter-American Tropical Tuna Commission. Logbooks are
required for all fisheries targeting HMS, and some HMS fisheries are
required to carry observers.
There are currently 124 participants in this fishery. Historically,
there have been no documented marine mammal mortalities or injuries
incidental to the components of this fishery. Therefore, this fishery
is being proposed as a Category III fishery.
Fishery Name and Organizational Changes and Clarification
NMFS proposes to remove the superscript ``1'' from the Main
Hawaiian Islands (MHI) insular stock of false killer whale to indicate
the stock is no longer driving the Category I classification of the HI
deep-set longline fishery. The total estimated annual M/SI of the MHI
insular stock of false killer whale in the HI deep-set longline fishery
for the 5-year period of 2014-2018 is 0.03 animals, which represents 10
percent of PBR (0.3) (Carretta et al., 2021).
NMFS corrects an administrative error in Table 1. NMFS adds the
superscript ``1'' CA/OR/WA stock of humpback whales to indicate the
stock is driving the Category II classification of the CA coonstripe
shrimp pot fishery. This fishery was reclassified in the 2020 LOF (85
FR 21079; April 16, 2020) based on one entangled humpback whale, but
Table 1 did not indicate that the stock is driving the Category II
classification.
NMFS proposes to rename the Category III WA/OR herring, smelt,
squid purse seine or lampara fishery to the WA/OR herring, anchovy,
smelt, squid purse seine or lampara fishery to indicate anchovy is a
target species of this fishery. This fishery includes fishing for
herring, anchovy, smelt, market squid, and other baitfish that occur in
inland and coastal waters of Oregon and Washington, including bays and
estuaries. Some portions of the fishery are generally open year round,
but there are other variations depending on target species and gear
type.
Fishermen use a variety of gear types in this fishery including:
Purse seine, lampara net, drag seine, and dip bag net gear. A purse
seine is a large wall of netting deployed around an entire school of
fish. When a school of target species is located, a skiff will encircle
the school with one end of the seine attached to it while the other end
is attached to the fishing vessel itself. Once the skiff circles back
around to the vessel, the lead line at the bottom of the seine is
pulled in ``pursing'' the net closed on the bottom preventing the fish
from escaping when swimming downward.
Purse seine, drag seine, and lampara nets have a minimum mesh size
of a \1/2\-inch (12.7 mm) stretched. In Puget Sound, lampara nets are
allowed to be up to 200 feet (60.96 m) in length. The maximum length of
purse seine nets varies by location with the smallest maximum length of
300 feet (91.44 m) in inland Oregon to the largest allowable length of
1,400 feet in the offshore and coastal waters of Washington. Drag
seines used in Willapa Bay, Grays Harbor, and the Lower Columbia River
can be a maximum of 350 feet (106.68 m) long with a 1\1/4\ inch (31.75
mm) minimum stretch measure net mesh size. Squid fishing in
Washington's waters involves dip net bags with a maximum diameter of 10
feet (3.05 m) and maximum size of 18 feet (5.47 m), and a minimum mesh
size of 1-inch (25.4 mm).
There is some overlap of the management of this fishery with the
PFMC's Coastal Pelagic Species FMP in coastal and offshore waters.
There are additional state regulations that govern the harvest of some
species. State permits are generally required to fish for each species
type and/or gear used within Washington's coastal and inland waters
(e.g., Puget Sound herring lampara fishery license, smelt dip bag
license). Many of the permits are open access, with some exceptions
that include limited entry permits for herring fisheries on the
Washington coast, and the Yaquina Bay herring roe purse seine fishery
in Oregon.
Logbooks are required for some species/gear used in each state.
Catch limits for individual landings or total fleet catch may apply.
For example, both states limit the landing of anchovy to 5 metric tons
(mt) daily, and to 10 mt weekly (in Oregon this applies to anchovy
caught within inland waters). Other examples include that the Puget
Sound herring fishery is closed by emergency regulation if the harvest
exceeds 10 percent of the adult spawning biomass. There are limits on
how much catch can be converted into fish meal or other products.
Incidental bycatch of non-target species (not including protected
species) may be allowed up to certain limits depending on the fishery
type and the species incidentally caught.
NMFS proposes to rename the Category III WA salmon purse seine
fishery to the WA salmon seine fishery to clarify that both purse seine
and beach seine gear are used to target salmon in the Washington state
salmon fishery. The fishery targets sockeye, Chinook, pink, coho, and
chum salmon within Puget Sound, Washington. The purse seine fishery
occurs in central Puget Sound, the San Juan Islands, and Hood Canal.
The fishery usually begins around mid-July and extends until early
December, with individual regions opening and closing at different
times within the overall fishing season. The beach seine salmon fishery
is an experimental fishery targeting Chinook and coho that is only
authorized in Hood Canal. The season runs from late July to late
September, depending upon the region within the Hood Canal.
Purse seines may have a maximum length of 1,800 feet (548 m) along
the cork line, and the net and lead line combined cannot exceed 2,200
feet (670 m). The minimum mesh size of purse seine nets is 3.5 inches
(88.9 mm) and cannot be made of a twine-size smaller than 210/30d
nylon, 12-thread cotton, or an equivalent diameter material. There are
also specific requirements for the configuration of the cork line in
the bunt. In some areas, a brailer and recovery box may be required.
Beach seining involves a net that is able to encircle a group of
fish adjacent to a beach with one end of the net attached to a
designated boat. The beach seine net cannot be longer than 990 feet
(301 m), or more than 200 meshes in depth. The mesh must be between 3
(76.2 mm) and 4 (101.6 mm) inches and made of twine no smaller than
210/30d nylon, 12 thread cotton, or an equivalent material.
The Washington Department of Fish and Wildlife (WDFW), Puget Sound
Treaty Tribes, and NMFS jointly manage salmon harvest in Washington.
The salmon purse seine fishery requires a limited entry permit, which
is transferable. The fishery is managed
[[Page 43497]]
through season openings, mesh size limits, and limits regarding the
amount of time and effort allowed each day or night within the various
areas. A portion of the fishery is managed by the Fraser River Panel,
which is composed of representatives from the U.S. and Canada. A ``Fish
Friendly'' best fishing practices workshop has to be attended by
fishermen in order to fish in certain areas. The take of certain salmon
species is prohibited in specific areas, and they have to be released
immediately if captured.
Participation in the beach seine fishery involves acquiring a beach
seine permit from WDFW (available since 2009). The permit holder must
participate on the designated vessel in the open fishery. WDFW may
require a logbook to be submitted to prove participation. Only a few
permits are issued each year. All non-target fish must be released.
WDFW deploys observers for this fishery.
For both the purse seine and beach seine fisheries, every fisherman
is required to report lost netting to the WDFW. For these fisheries,
emergency regulations and in-season changes can occur based on stock
allocations and conservation objectives.
NMFS proposes to combine the Category III CA halibut hook and line/
handline fishery and Category III CA white seabass hook and line/
handline fishery, and name it the Category III CA halibut, white
seabass, and yellowtail hook and line/handline fishery. This
combination is based on considerable overlap in spatial distribution of
target species, participants, landings and gear used in the fisheries.
There are 388 participants in the fishery.
This fishery targets California halibut, white seabass, and
yellowtail, although a mix of other species are also taken
simultaneously including groundfish and pelagic species. Effort
generally takes place in less than 55 fathoms (100 m) of water, and
within 3 nm of the shoreline. The fishery is active all along the coast
of California, although much of the effort for certain species occurs
in the Southern California Bight.
The hook and line gear used includes several types of gear
configurations: Troll, pole and line and longline. There are two types
of longline gear that may be used in this fishery. The first one being
a bottom longline with a main line extending horizontally along the
seafloor with short lines attached to it at intervals, each culminating
into a baited hook. The second type is called a vertical longline with
a line that is weighted on the bottom end that is anchored to the
seafloor, attached to a buoy (or buoys) on the top end at the sea
surface that suspends the line vertically. Attached to the main
vertical line are short lines at intervals, each culminating into
baited hooks.
This is an open access fishery requiring a Resident Commercial
Fishing License. A Commercial Ocean Enhancement Stamp is required for
commercial fishermen who take, possess, or land any white sea bass
south of Point Arguello. Other Federal and state regulations can be
applicable depending on which species are caught and landed. Any gear
that is not attached to the vessel must be attached to buoys floating
on the surface and marked on the upper half with a commercial fishing
license identification number at least 2 inches (50.8 mm) in height.
Only a certain number of lines and hooks per line, and different types
of hook and line gear configurations, are allowed in each of the
districts especially where effort may occur less than 1 nm from shore
(e.g., troll lines, longline gear cannot be fished in waters less than
1 nm from shore).
Troll and hand lines are limited to 900 feet (274 m) or less; only
longlines can exceed this limit. All hooks present have to be below the
upper one third of any vertical longline gear used. There are
exemptions within certain districts to the number hooks that may be
used in conjunction with certain gear types if the target species
consists of at least 80 percent of the total catch.
NMFS proposes to rename the Category III WA/OR Pacific halibut
longline fishery to the WA/OR/CA Pacific halibut longline fishery to
clarify there is also Pacific halibut longline fishing effort in
California. The Pacific halibut commercial fishery occurs within 10
regulatory areas (3 major areas (2, 3, and 4) divided further into
subareas) throughout the North Pacific Ocean within the exclusive
economic zone (EEZ), established by the International Pacific Halibut
Commission (IPHC). The use of longlines to target Pacific halibut
occurs along the Continental U.S. West Coast (excluding Alaska) in what
is known as Area 2A, which includes the entire EEZ off of Washington,
Oregon, and California.
Fishermen usually target Pacific halibut at depths of 15-150
fathoms (27-274 meters) where they prefer to hang out in current
calming ``hydraulic relief zones'' such as depressions, valleys, and
rock formations at the bottom of the sea. Fishing may occur anytime
between IPHC's season dates from mid-March through mid-November. The
Area 2A non-tribal directed commercial fishery usually occurs in
summer, generally from June-July, although in some years it could be
extended until August. Landing Pacific halibut as incidental catch
during the sablefish longline fishery is allowed, but only for vessels
participating in the sablefish Limited Entry fixed gear fishery from
April 1 to October 31 with a valid license from the IPHC.
A long main line is used that consists of a lead core that allows
it to sink to the ocean floor. The main line is made of nylon or a
polyurethane-blend roughly \5/16\ inch (7.9 mm) in width. The main line
(or ground line) can be up to 1.5 nautical miles long and set on the
bottom with an anchor (25-50 pounds (11-22 kg) at each end. Hooks are
attached to the main line every 3-4 feet (91-121 cm) with a ``gangion''
made of nylon or monofilament line connected with a snap or tied on.
The most common hooks used are size 16/0 circle hooks baited with live
squid, mackerel heads, or artificial bait resembling sardine or
anchovy. Pacific halibut is also incidentally caught with fixed gear
(longline) in the sablefish fishery, which uses similar gear.
Pacific halibut fishing off the U.S. West Coast used to be managed
solely by the IPHC through the PFMC Pacific Halibut Catch Sharing Plan
(CSP). The routine management of the non-tribal commercial directed
Pacific halibut fishery is being transitioned from the IPHC to the PFMC
and NMFS. The IPHC will continue to set the total allowable catch for
Pacific halibut, and the PFMC will continue to develop a CSP.
This is an open access fishery requiring permits obtained from the
IPHC whether targeted or caught incidentally in fixed gear (longline)
sablefish fisheries, with strict size and catch limits. Logbooks are
required for vessels that have an overall length of 26 feet (7.9 m) or
more. If catch limits are reached before the official closure dates,
the fishery will be closed. There are no individual fishing quotas in
this fishery, but there are landing ratios for the incidental catch
fisheries and vessel limits per opener for the directed commercial
fishery. In 2017 and 2018, observer coverage of the directed derby
fishery was 8 percent and 25 percent, respectively.
NMFS proposes to rename the Category III WA/CA kelp fishery to the
CA/WA kelp, seaweed, and algae fishery to clarify that in addition to
kelp, other species of edible marine plants are commercially harvested
in waters off the U.S. West Coast. The two species of kelp that are
predominantly harvested are giant kelp and bull kelp. Giant kelp is the
most common kelp species found along the southern and central
[[Page 43498]]
California coast, whereas bull kelp becomes more abundant farther
north. There are 87 geographical kelp beds along the California coast
and Channel Islands. As of December 2020, each of the 87 kelp beds are
designated as either: Open (33 beds), closed (18 beds), lease only (3
beds), and leasable (28 beds). California state marine parks and
reserves are completely off limits to kelp harvesting, but there is
limited kelp harvesting allowed in state marine conservation areas.
There is a herring roe-on-kelp fishery in Washington where kelp is
harvested by hand from small vessels. The herring roe-on-kelp fishery
occurs every year during the herring spawning season from late January
until early June. The fishery takes place within Puget Sound, with
regulated area closures.
There are various harvesting methods used for kelp, edible seaweed,
or agar algae. Gear used for commercial harvest of kelp generally
consists of a specially designed vessel with cutting mechanisms on the
stern, and a conveyor system that places the cut kelp into a harvest
bin. The blades are mounted at the base of the conveyor and lowered
three feet into the kelp bed while the vessel moves slowly stern-first
through the bed.
In the herring roe-on-kelp fishery, Macrocystis kelp is gathered
and carefully placed in floating net pens or impoundments (pounds) in
anticipation of a herring spawning event. Herring are seined,
introduced to the pounds to spawn for about a week, and then released.
The eggs stick to the kelp blades which are collected and layered with
salt in totes.
The commercial harvesting of kelp, marine algae, and agar algae in
California is managed by the California Department of Fish and Wildlife
(CDFW). A kelp harvest license is valid for 1 year at a time. Although
the license includes edible seaweed and agar algae as well, the license
applicant must choose which type of harvest they will be participating
in. Harvesters must submit a harvest plan that must be approved prior
to harvesting. A monthly harvest report has to be submitted to the CDFW
on or before the 10th day of each month of harvest, even if harvest did
not occur.
Harvesters are not allowed to cut attached kelp at a depth greater
than 4 feet (1.2 m), but can collect unattached kelp. Vessels can
collect up to 600 tons of kelp a day. Agar algae are cut no closer than
2 inches to the holdfast, and removal of the holdfast is prohibited.
Harvesters are not allowed to repetitively harvest from individual
giant or bull kelp specimens, and the harvesting of kelp near sea otter
rafting sites must be avoided.
Seaweed species of the genus Macrocystis is only allowed for
harvesting for the herring spawn-on-kelp fishery, if approved by the
WDFW. The herring spawn-on-kelp fishery is a limited entry fishery.
NMFS proposes to combine the Category III WA groundfish, bottomfish
jig fishery and the hook and line component of the Category III CA
nearshore finfish live trap/hook-and-line fishery, and name it the
Category III WA/OR/CA groundfish/finfish hook and line fishery. This
proposed combined fishery will also include other groundfish/finfish
hook and line fishing effort of fisheries not currently included on the
LOF. The two currently named Category III fisheries do not account for
a large amount of non-longline hook and line fishing effort, which
includes numerous combinations of target species, gear, and spatial
distribution along the West Coast. This fishery has 689 participants.
The groundfish/finfish hook and line fishery (other than bottom
longline) targets close to 100 different species that generally live on
or near the bottom. There are over 60 different rockfish species with
the primary species targeted in this fishery being black, vermilion,
brown, and gopher rockfish. Other important targeted species include
lingcod, cabazon, greenling, and sablefish. Numerous other finfish/
groundfish are also landed.
Due to the variety of species, there is significant variation in
the areas and depths where the gear is fished. Depths can range
anywhere from 11-722 fathoms (20-1,300 m). The locations where
fishermen are allowed to fish for these species groups can be limited
by conservation areas (e.g., the Rockfish Conservation Area). The
fishery operates year-round.
Hook and line gear includes several types of gear configurations
including: Troll, pole and line and vertical longline. There are
Federal and state regulations which must be adhered to including
various area and time closures (e.g., Rockfish Critical Habitat). In
some places, fishing is not allowed in certain districts over weekends
and legal holidays. In California, troll lines cannot be fished in
waters less than 1 nm from shore. Landing limits for different species
over various time periods also typically apply. Other management
restrictions regarding the number and configuration of lines and hooks
that are allowed in different areas may also apply. Portions of this
fishery are observed under the nearshore groundfish fixed gear fishery.
Annual coverage from 2009-2018 for the entire nearshore groundfish
fishery ranged from 4 to 8 percent.
NMFS proposes to combine and rename the Category III WA/OR bait
shrimp, clam, hand, dive, or mechanical collection fishery and the
Category III OR/CA sea urchin, sea cucumber hand, dive, or mechanical
collection fishery into two distinct gear-based Category III fisheries:
(1) The CA/OR/WA dive collection fishery and (2) the WA/OR/CA hand/
mechanical collection fishery. As currently included on the LOF, there
is overlap of fishing effort and target species between the two
fisheries along the West Coast. Therefore, NMFS is proposing to combine
these fisheries based on the harvesting methodologies' potential risk
to marine mammals. NMFS proposes to aggregate the California, Oregon
and Washington commercial dive fisheries into one Category III fishery,
and aggregate the California, Oregon and Washington hand/mechanical
collection fisheries into a separate Category III fishery.
The CA/OR/WA dive collection fisheries target primarily sea
urchins, sea cucumbers, and other mollusks such as geoduck clams and
occur in all three West Coast states. This fishery has 186
participants.
In California, the commercial take for red sea urchin is open for
most of the year, but there are restrictions regarding certain areas or
days of the week at times during the year. There are no seasonal
restrictions on harvest of other sea urchin species. California sea
cucumber may be collected year round; warty sea cucumbers are not
allowed to be collected from March 1 to June 15.
In Oregon, most of the state is open year round for sea urchin
harvest. However, the largest harvest area (Orford Reef) is open only
November through April. The sea cucumber fishery occurs in various
areas along the coast, but harvest from Orford Reef is prohibited May 1
through October 31.
Harvest of geoducks in Washington occurs exclusively within the
inland waters of WA. The sea urchin fishery occurs October through
February throughout the state, based mostly on gonad (roe or uni)
condition and quality. There are numerous protected areas designated by
the state of Washington where sea urchin fishing is prohibited.
Specific sea cucumber harvest districts exist in the state, each with
clearly defined open seasons.
SCUBA gear or a ``hookah rig'' are allowed in all three states
where dive gear is used for commercial harvesting. The ``hookah rig''
consists of an air compressor with supply hoses that distribute air to
divers. Divers use
[[Page 43499]]
SCUBA for picking and scouting, but when a harvest area is identified
the Hookah method is predominantly used. California and Washington
allow divers to use nitrox and scooters, although Oregon prohibits the
use of mixed gas.
The sea urchin commercial dive fishery is a limited entry permit
fishery in all three U.S. West Coast states. In Washington there are
catch limits, but none in Oregon or California. However, there are size
limits in Oregon and Washington, but none in California. In Oregon,
there are depth restrictions where harvest can occur. The Washington
sea urchin permits are distributed almost equally between state and
tribal commercial fishermen.
The sea cucumber dive fishery is a limited entry fishery in
California and Oregon, but is open access requiring a shellfish dive
permit in Washington. In California, there are no landing or size
limits. In California, sea cucumber trawl permits allow for trawling or
diving for sea cucumber, whereas a sea cucumber dive permit only allows
for diving for sea cucumbers. In Oregon, harvest of sea cucumbers is
allowed under a sea urchin permit. In Washington, a quota system exists
for sea cucumbers. If the quota for the season is reached, the fishery
is closed. The quota for each year changes and is based on stock
assessments for each district. Submissions of logbooks are required in
all three states.
To obtain a commercial geoduck permit, a competitive bid process is
used to sell harvest contracts to the highest responsible bidder.
Successful bidders are required to obtain a WDFW fishery license prior
to commercial harvest.
The WA/OR/CA hand/mechanical collection fishery employs hand or
mechanical collection methods within the intertidal or nearshore areas
in all three West Coast states. Collection of clams and other mollusks
in intertidal and subtidal areas, including razor, cockle, and butter
clams, represent a substantial level of commercial harvest, especially
in Oregon and Washington. Harvest of various bait fish or aquaria
collection species in nearshore waters also occurs, particularly in
California. This fishery has 320 participants.
The methods used for hand collection of targeted species can
include shovels, hand pumps (especially for most clams), rakes,
trowels, and hands (bare or protected). Hand powered tools are
generally used in intertidal areas only. Methods for mechanical
collection, especially for baitfish and aquaria species in nearshore or
intertidal waters, include dip nets, hand pumps (for bait shrimp), and
small trawl nets, along with numerous other devices. Management of hand
and mechanical collection fisheries occurs with varying degrees within
each state.
In Washington, specific permits are needed to harvest important
target species such as razor clams or burrowing shrimp. Commercial
harvest of razor clams is allowed only on the detached Willapa Spits,
located at the mouth of Willapa Bay. Fishermen must either register
with a Department of Health certified razor clam dealer or become
certified by the Department of Health individually.
In Oregon, harvest of intertidal clam and shrimp species require a
commercial shellfish or intertidal animal harvest permit. Seasonal
restrictions that can vary by area may apply. Subtidal harvest of clams
requires a separate permit.
In California, permits that are relevant, depending on the specific
target and gear used, include: Tidal invertebrates, ghost shrimp, bay
shrimp, and marine aquaria species. There are time and area
restrictions that include marine conservation areas and state marine
reserves.
Number of Vessels/Persons
NMFS proposes to update the estimated number of vessels/persons in
the Pacific Ocean (Table 1) as follows:
Category II
<bullet> CA thresher shark/swordfish drift gillnet (>=14 in mesh)
fishery from 14 to 21 vessels/persons;
<bullet> CA halibut/white seabass and other species set gillnet
(>3.5 in mesh) fishery from 37 to 39 vessels/persons;
<bullet> CA yellowtail, barracuda, and white seabass drift gillnet
(mesh size >=3.5 in and <14 in) fishery from 22 to 20 vessels/persons;
<bullet> WA Puget Sound Region salmon drift gillnet fishery from
154 to 136 vessels/persons;
<bullet> CA coonstripe shrimp pot fishery from 14 to 9 vessels/
persons;
<bullet> CA spiny lobster fishery from 186 to 189 vessels/persons;
<bullet> CA spot prawn pot fishery from 23 to 22 vessels/persons;
<bullet> CA Dungeness crab pot fishery from 501 to 471 vessels/
persons;
<bullet> OR Dungeness crab pot fishery from 342 to 323 vessels/
persons;
<bullet> WA/OR/CA sablefish pot fishery from 155 to 144 vessels/
persons;
<bullet> WA coastal Dungeness crab pot fishery from 197 to 204
vessels/persons;
<bullet> HI shortline fishery from 9 to 5 vessels/persons;
Category III
<bullet> CA set gillnet (mesh size <3.5 in) fishery from 296 to 11
vessels/persons;
<bullet> HI inshore gillnet fishery from 36 to 29 vessels/persons;
<bullet> WA Grays Harbor salmon drift gillnet fishery from 24 to 19
vessels/persons;
<bullet> WA/OR Mainstem Columbia River eulachon gillnet fishery
from 5 to 10 vessels/persons;
<bullet> WA Willapa Bay drift gillnet fishery from 82 to 57
vessels/persons;
<bullet> WA/OR sardine purse seine fishery from 42 to 6 vessels/
persons;
<bullet> CA anchovy, mackerel, sardine purse seine fishery from 65
to 53 vessels/persons;
<bullet> CA squid purse seine fishery from 80 to 68 persons/
vessels;
<bullet> CA tuna purse seine fishery from 10 to 14 vessels/persons;
<bullet> WA/OR Lower Columbia River salmon seine fishery from 10 to
1 person/vessel;
<bullet> WA/OR herring, anchovy, smelt, squid purse seine or
lampara fishery from 130 to 41 vessels/persons;
<bullet> WA salmon seine fishery from 75 to 81 vessels/persons;
<bullet> HI lift net fishery from 17 to 15 vessels/persons;
<bullet> HI inshore purse seine fishery from <3 to none recorded
vessels/persons;
<bullet> HI throw net, cast net fishery from 23 to 15 vessels/
persons;
<bullet> HI seine net fishery from 24 to 17 vessels/persons;
<bullet> CA squid dip net fishery from 115 to 19 vessels/persons;
<bullet> HI offshore pen culture fishery from 2 to 1 vessels/
persons;
<bullet> WA/OR/CA albacore surface hook and line/troll fishery from
705 to 556 vessels/persons;
<bullet> CA/OR/WA salmon troll fishery from 4,300 to 1,030 vessels/
persons;
<bullet> HI troll fishery from 2,117 to 1,380 vessels/persons;
<bullet> HI rod and reel fishery from 322 to 237 vessels/persons;
<bullet> Guam tuna troll fishery from 432 to 398 vessels/persons;
<bullet> WA/OR/CA groundfish, bottomfish longline/set line fishery
from 367 to 314 vessels/persons;
<bullet> WA/OR/CA Pacific halibut longline fishery from 350 to 130
vessels/persons;
<bullet> CA pelagic longline fishery from 1 to 4 vessels/persons;
<bullet> HI kaka line fishery from 15 to 5 vessels/persons;
<bullet> HI vertical line fishery from 3 to none recorded vessels/
persons;
<bullet> CA halibut bottom trawl fishery from 47 to 23 vessels/
persons;
<bullet> CA sea cucumber trawl fishery from 16 to 11 vessels/
persons;
<bullet> WA/OR/CA shrimp trawl fishery from 300 to 130 vessels/
persons;
<bullet> WA/OR/CA groundfish trawl fishery from 160-180 to 118
vessels/persons;
[[Page 43500]]
<bullet> CA rock crab pot fishery from 124 to 113 vessels/persons;
<bullet> WA/OR/CA hagfish pot fishery from 54 to 63 vessels/
persons;
<bullet> WA/OR shrimp pot/trap fishery from 54 to 28 vessels/
persons;
<bullet> WA Puget Sound Dungeness crab pot/trap fishery from 249 to
145 vessels/persons;
<bullet> HI crab trap fishery from 5 to 4 vessels/persons;
<bullet> HI fish trap fishery from 9 to 4 vessels/persons;
<bullet> HI lobster trap fishery from <3 to none recorded vessels/
persons;
<bullet> HI shrimp trap fishery from 10 to 3 vessels/persons;
<bullet> HI crab net fishery from 4 to none recorded vessels/
persons;
<bullet> HI kona crab loop net fishery from 33 to 20 vessels/
persons;
<bullet> American Samoa bottomfish handline fishery from fewer than
20 to 9 vessels/persons;
<bullet> Commonwealth of the Northern Mariana Islands bottomfish
fishery from 28 to 11 vessels/persons;
<bullet> Guam bottomfish fishery from >300 to 67 vessels/persons;
<bullet> HI aku boat, pole and line fishery from <3 to none
recorded vessels/persons;
<bullet> HI bottomfish handline fishery from 578 to 385 vessels/
persons;
<bullet> HI inshore handline fishery from 357 to 206 vessels/
persons;
<bullet> HI pelagic handline fishery from 534 to 300 vessels/
persons;
<bullet> CA swordfish harpoon fishery from 6 to 21 vessels/persons;
<bullet> HI bullpen trap fishery from 3 to none recorded vessels/
persons;
<bullet> HI black coral diving fishery from <3 to none recorded
vessels/persons;
<bullet> HI fish pond fishery from 5 to none recorded vessels/
persons;
<bullet> HI handpick fishery from 46 to 25 vessels/persons;
<bullet> HI lobster diving fishery from 19 to 12 vessels/persons;
<bullet> HI spearfishing fishery from 163 to 82 vessels/persons;
and
<bullet> HI aquarium collecting fishery from 90 to 34 vessels/
persons.
List of Species and/or Stocks Incidentally Killed or Injured in the
Pacific Ocean
NMFS proposes to add the Eastern North Pacific stock of gray whale
to the list of species/stocks incidentally killed or injured in the
Category II AK Prince William Sound salmon drift gillnet fishery based
on a self-reported serious injury in 2018 (Carretta et al., 2020).
NMFS proposes to add three stocks to the list of species/stocks
incidentally killed or injured in the Category II AK Bering Sea,
Aleutian Islands pollock trawl fishery: (1) Arctic stock of ringed
seal, (2) Central North Pacific stock of humpback whale and (3) Western
North Pacific stock of humpback whale. In 2017, there was an observed
mortality of a ringed seal (Arctic stock) (Muto et al., 2021). In 2018
one humpback whale mortality was observed in the AK Bering Sea,
Aleutian Islands pollock trawl fishery. This mortality occurred in an
area of humpback whale stock overlap and consistent with NMFS
Guidelines for Assessing Marine Mammal Stocks (GAMMS), the serious
injury was assigned to both the Western North Pacific and Central North
Pacific stocks (Muto et al., 2021).
NMFS proposes to add the U.S. stock of California sea lion to the
list of species/stocks incidentally killed or injured in the Category
II CA spiny lobster fishery. In 2019, a California sea lion was
reported entangled in 40 kilograms of lobster pot gear near Santa
Barbara, CA. The gear was removed after sedating of the animal
(Carretta et al., 2021).
NMFS proposes to add the California stock of Northern elephant seal
to the list of species/stocks incidentally killed or injured in the
Category II AK Gulf of Alaska sablefish longline fishery based on an
observed serious injury in 2017 (Carretta et al., 2020).
NMFS proposes to add both the Western U.S. stock of Steller sea
lion and North Kodiak stock of harbor seal to the list of species/
stocks incidentally killed or injured in the Category III AK Kodiak
salmon purse seine fishery. In 2018, a dead stranded Steller sea lion
was reported entangled in commercial Kodiak salmon seine net (Muto et
al., 2021). Also in 2018, a harbor seal mortality was documented in the
barrier net of the salmon purse seine fishery (Young et al., 2020).
NMFS proposes to add the Gulf of Alaska, Aleutian Islands, Bering
Sea transient stock of killer whale to the list of species/stocks
incidentally killed or injured in the Category III AK Bering Sea,
Aleutian Greenland turbot longline fishery based on observed mortality
in 2015 (Muto et al., 2021).
NMFS proposes to add the Clarence Strait stock of harbor seal to
the list of species/stocks incidentally killed or injured in the
Category III AK Gulf of Alaska halibut longline fishery based on an
observed mortality in 2018 (Young et al., 2020).
NMFS proposes to add the Cook Inlet/Shelikof Strait stock of harbor
seal to the list of species/stocks incidentally killed or injured in
the Category III AK Gulf of Alaska Pacific cod longline fishery based
on an observed mortality in 2018 (Young et al., 2020).
NMFS proposes to add the California stock of Northern elephant seal
to the list of species/stocks incidentally killed or injured in the
Category III AK Bering Sea, Aleutian Islands Atka mackerel trawl
fishery based on an observed serious injury in 2018 (Carretta et al.,
2020).
NMFS proposes to add three stocks to the list of species/stocks
incidentally killed or injured in the Category III AK Gulf of Alaska
flatfish trawl fishery. The three stocks are: (1) Cook Inlet/Shelikof
Strait stock of harbor seal, (2) North Kodiak stock of harbor seal, and
(3) South Kodiak stock of harbor seal. In 2017, there were three
observed mortalities of harbor seals (one from the North Kodiak stock
and two from the Cook Inlet/Shelikof Strait stock) in the Gulf of
Alaska flatfish trawl fishery. In 2018, there was one observed
mortality of a harbor seal from South Kodiak stock (Young et al.,
2020).
NMFS proposes to add the North Pacific stock of sperm whale to the
list of species/stocks incidentally killed or injured in the Category
III AK Bering Sea, Aleutian Islands sablefish pot fishery based on an
observed mortality in 2018 (Muto et al., 2021).
NMFS proposes to add the U.S. stock of California sea lion to the
list of species/stocks incidentally killed or injured in the Category
III WA/OR/CA groundfish/finfish hook and line fishery. In 2017, a
California sea lion depredated gear from the nearshore hook and line
fishery and in the process carried the away the gear with seven hooks
attached (Carretta et al., 2021).
NMFS proposes to add the Central North Pacific stock of humpback
whale to the list of species/stocks incidentally killed or injured in
the Category III AK/WA/OR/CA commercial passenger fishing vessel
fishery based on an observed vessel strike that was determined to be a
serious injury in 2017 (Young et al., 2020).
NMFS proposes to add the unknown stock of striped dolphin to the
list of species/stocks incidentally killed or injured in the Category
II American Samoa longline fishery based on an observed serious injury
in 2018.
NMFS proposes to remove the Alaska resident stock of killer whale
from the list of species/stocks incidentally killed or injured in the
Category III AK Bering Sea, Aleutian Islands Greenland turbot longline
fishery based on no recently observed mortalities or injuries.
NMFS proposes to remove the Alaska stock of spotted seal from the
list of species/stocks incidentally killed or injured in the Category
III AK Bering Sea, Aleutian Islands Pacific cod
[[Page 43501]]
longline fishery based on no recently observed mortalities or injuries.
NMFS proposes to remove the six stocks from the list of species/
stocks incidentally killed or injured in the Category II AK Bering Sea,
Aleutian Islands pollock trawl fishery: (1) Alaska stock of bearded
seal, (2), Bristol Bay stock of beluga whale, (3) Eastern Bering Sea
stock of beluga whale, (4) Eastern Chukchi Sea stock of beluga whale,
(5) Eastern Pacific stock of Northern fur seal and (6) Alaska stock of
spotted seal. There have been no recently observed mortalities and
injures of these six stocks in the AK Bering Sea, Aleutian Islands
pollock trawl fishery.
NMFS proposes to remove the Alaska stock of bearded seal from the
list of species/stocks incidentally killed or injured in the Category
III AK Bering Sea, Aleutian Islands Atka mackerel trawl fishery based
on no recently observed mortalities or injuries.
NMFS proposes to remove both the Gulf of Alaska, Aleutian Islands,
Bering Sea transient stock and Eastern North Pacific Alaska resident
stock of killer whale from the list of species/stocks incidentally
killed or injured in the Category III AK Bering Sea, Aleutian Islands
rockfish trawl fishery based on no recently observed mortalities or
injuries. NMFS proposes to remove the North Pacific stock of Northern
elephant seal from the list of species/stocks incidentally killed or
injured in the Category III AK Gulf of Alaska flatfish trawl fishery
based on no recently observed mortalities or injuries.
NMFS proposes to remove the Alaska stock of harbor seal from the
list of species/stocks incidentally killed or injured in the Category
III AK Gulf of Alaska Pacific cod trawl fishery based on no recently
observed mortalities or injuries.
NMFS proposes to remove three stocks from the list of species/
stocks incidentally killed or injured in the Category III AK Gulf of
Alaska pollock trawl fishery: (1) Alaska stock of Dall's porpoise, (2)
Northeast Pacific stock of fin whale and (3) North Pacific stock of
Northern elephant seal. There have been no recently observed
mortalities and injuries of these three stocks in the AK Gulf of Alaska
pollock trawl fishery.
NMFS proposes to remove the Gulf of Alaska stock of harbor seal
from the list of species/stocks incidentally killed or injured in the
Category III AK Gulf of Alaska Pacific cod pot fishery based on no
recently observed mortalities or injuries. The list of species/stocks
incidentally killed or injured in this fishery is updated to state none
documented in the most recent 5 years of data.
NMFS proposes to remove the Northeast Pacific stock of fin whale
from the list of species/stocks incidentally killed or injured in the
Category III AK Gulf of Alaska groundfish jig fishery based on no
recently observed mortalities or injuries. The list of species/stocks
incidentally killed or injured in this fishery is updated to state none
documented in the most recent 5 years of data.
NMFS proposes to remove five stocks from the list of species/stocks
incidentally killed or injured in the Category I HI deep-set longline
fishery: (1) Pelagic stock of bottlenose dolphin, (2) Hawaii stock of
Kogia spp., (3) Hawaii stock of pygmy killer whale, (4) Hawaii stock of
Risso's dolphin and (5) Hawaii stock of striped dolphin. There have
been no recently reported or observed mortalities or injuries of these
five stocks within the EEZ in the HI deep-set longline fishery
(Carretta et al., 2021).
NMFS proposes to remove six stocks from the list of species/stocks
incidentally killed or injured in the Category II HI shallow-set
longline fishery: (1) Hawaii stock of Blainville's beaked whale, (2)
Hawaii pelagic stock of bottlenose dolphin, (3) Central North Pacific
stock of humpback whale, (4) Hawaii stock of Risso's dolphin, (5)
Hawaii stock of rough-toothed dolphin and (6) Hawaii stock of striped
dolphin. From 2014-2018, there have been no reported or observed M/SI
of these six stocks within the EEZ in the HI shallow-set longline
fishery (Carretta et al., 2021).
NMFS proposes to revise marine mammal stock names on the list of
species/stocks incidentally killed or injured for consistency with the
current stock names in the SARs as follows:
Category II AK Cook Inlet Salmon Set Gillnet Fishery
<bullet> Harbor seal, GOA to harbor seal, Cook Inlet/Shelikof
Strait;
Category II AK Bering Sea, Aleutian Islands Flatfish Trawl Fishery
<bullet> Bearded seal, AK to bearded seal, Beringia;
<bullet> Harbor seal, Bering Sea to harbor seal, Bristol Bay;
<bullet> Killer whale, AK resident to killer whale, Eastern North
Pacific Alaska resident;
<bullet> Killer whale, GOA, AI, BS transient to killer whale,
Eastern North Pacific GOA, AI, BS transient;
<bullet> Ringed seal, AK to ringed seal, Arctic;
<bullet> Ribbon seal, AK to ribbon seal;
<bullet> Spotted seal, AK to spotted seal, Bering;
Category II AK Bering Sea, Aleutian Islands Pollock Trawl Fishery
<bullet> Harbor seal, AK to harbor seal, Bristol Bay;
<bullet> Ribbon seal, AK to ribbon seal;
Category II AK Prince William Sound Salmon Set Gillnet Fishery
<bullet> Harbor seal, GOA to harbor seal, Prince William Sound;
Category III AK Bering Sea, Aleutian Islands Rockfish Trawl Fishery
<bullet> Ribbon seal, AK to ribbon seal; and
Category III AK Bering Sea, Aleutian Islands Pacific Cod Trawl Fishery
<bullet> Ribbon seal, AK to ribbon seal.
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
Fishery Name and Organizational Changes and Clarification
NMFS proposes to add a new fishery, MA mixed species trap/pot
fishery, as a Category II fishery that encompasses all trap/pot fishing
that occurs in state waters of Massachusetts. We propose to remove
Massachusetts state waters trap/pot fisheries from the broader Category
I Northeast/Mid-Atlantic American lobster trap/pot and Category II
Atlantic mixed species trap/pot fisheries. This new Category II fishery
includes, but is not limited to, trap/pot fisheries targeting American
lobster, black sea bass, whelk, tautog, jonah crab, and rock crab in
Massachusetts state waters. This list is not considered comprehensive
and other species targeted or caught using trap/pot fixed gear within
this geographical boundary, current and future, will also be considered
a part of the MA mixed species trap/pot fishery. Based on permit holder
information collected through the MMAP in 2019, there are an estimated
1,240 state permit holders utilizing trap/pot gear.
On January 28, 2021, the Massachusetts Marine Fisheries Advisory
Commission approved several new regulatory measures affecting protected
species and fixed gear fishing in Massachusetts. The suite of
regulations include gear modifications and changes to seasonal closures
that differentiate the Massachusetts trap/pot fishery from the
Northeast/Mid-Atlantic American lobster trap/pot and Atlantic mixed
species trap/pot fisheries. The Massachusetts Department of Marine
Fisheries has begun implementing these regulations, which are further
described below, and all measures will be in place for the 2022 fishing
season. Based on these new regulations, the Massachusetts Department of
Marine Fisheries commented on the 2021 LOF
[[Page 43502]]
and asked NMFS to consider separating out the trap/pot fixed gear
fishery operating in Massachusetts state waters from the Northeast/Mid-
Atlantic American lobster trap/pot and Atlantic mixed species trap/pot
fisheries. NMFS agreed to reevaluate the fishery in the 2022 LOF. We
have determined that these gear modifications and time/area
restrictions sufficiently differentiate the risk posed by the MA mixed
species trap/pot fishery from the surrounding trap/pot fisheries,
warranting a separate fishery on the LOF.
This determination is based on, among other considerations
discussed below, several characteristics of the MA mixed species trap/
pot fishery as modified by these new state regulations: (1) By the 2022
fishing season, all commercial trap fishermen in Massachusetts state
waters will be required to fish buoy lines that break when exposed to
1,700 pounds (771 kg) of tension; (2) all commercial trap fishermen
will be required to fish buoy lines with a maximum diameter of \3/8\
inch (9.5 mm); and (3) state-specific gear marks will be required to be
no more than 60 feet (18 m) apart on all vertical lines, distinguishing
the gear from other states that will use different colors and fewer
marks. Massachusetts is the only state to require these gear
modifications by regulation, creating a consistent standard across the
state's waters for all commercial trap/pot fishermen.
The LOF considers the risk that a fishery poses to marine mammal
stocks. Along with required gear modifications, Massachusetts is
implementing extensive seasonal time/area closures that expand current
restricted areas in time and space to significantly reduce co-
occurrence of the fishery and North Atlantic right whales.
Specifically, a seasonal commercial trap/pot gear closure will occur
from February 1-May 15 in Cape Cod Bay, Stellwagen Bank, and Outer Cape
Cod Lobster Management Area, and north to the New Hampshire border.
During the May 1-May 15 period, the closure will occur on a dynamic
basis allowing the state to lift the closure (or parts thereof) if
whales no longer remain in state waters. If right whales are not
detected in the area during May 1-May 15, the closure area will re-
open. This management option is only possible due to the extensive
monitoring of North Atlantic right whale populations through state and
Federal aerial survey efforts over Massachusetts' waters. Monitoring
information is further enhanced by sighting and entanglement reporting
from commercial and recreational vessels that consistently use these
waters.
The overall changes to the fishery are expected to significantly
reduce the risk of entanglement of North Atlantic right whales and
other large whales in Massachusetts state waters and distinguish the
Massachusetts state waters trap/pot fishery from other trap/pot
fisheries in the area.
To separate a Category I fishery into a new fishery due to new
regulatory measures, NMFS will require at a minimum that the new
fishery significantly reduce the risk of entanglement of the stock
driving the Category I classification, and that the new fishery
requires gear marks to distinguish the fishery from its former fishery
on the LOF. Massachusetts fulfills these threshold requirements. In
addition, the new fishery's classification and status as a separate
fishery will be reevaluated annually.
NMFS is therefore proposing to classify the new MA mixed species
trap/pot fishery based on the regulatory definition (50 CFR 229.2) of a
Category II fishery. As described above, this is a newly identified
fishery and, as a new fishery, there is an absence of incidental
mortality and serious injury of marine mammal information in this
fishery as currently prosecuted. Based on this absence of incidental
mortality and serious injury information, no marine mammal species/
stocks will be included on the list of species/stocks incidentally
killed or injured in Table 2 for this new fishery. Species/stocks will
be added to the list if mortalities or injuries are documented in the
fishery. With the information from the extensive monitoring programs in
Massachusetts state waters, NMFS will annually evaluate the
classification of this newly identified fishery for the LOF.
This proposed Category II classification for the MA mixed species
trap/pot fishery does not change the measures that the fishery is
currently subjected to through the Atlantic Large Whale Take Reduction
Plan (ALWTRP). NMFS proposes to add the fishery to the list of affected
fisheries for the ALWTRP in Table 4.
List of Species and/or Stocks Incidentally Killed or Injured in the
Atlantic Ocean, Gulf of Mexico, and Caribbean
NMFS proposes to add the Northern migratory coastal stock of
bottlenose dolphin to the list of species/stocks incidentally killed or
injured in the Category I Northeast sink gillnet fishery. In 2017,
there were four self-reported mortalities in this fishery. These
mortalities included one case from August 2017 of two dolphins
entangled in the same gillnet, and a separate case from November 2017
of two dolphins entangled in the same gillnet (Hayes et al., 2021).
NMFS proposes to add both the Pensacola Bay, East Bay stock and
Perdido Bay stocks of bottlenose dolphin to the list of species/stocks
incidentally killed or injured in the Category II Southeastern U.S.
Atlantic, Gulf of Mexico shrimp trawl fishery. In 2016, there were two
dolphin mortalities with documented shrimp trawl entanglements, one in
Pensacola Bay and one in Perdido Bay. One stranded, dead dolphin was
documented with shrimp trawl mesh attached and showing evidence of net
marks and constriction. Another stranded, dead dolphin was documented
with shrimp trawl headrope attached as well as small pieces of webbing.
The gear was analyzed and verified by NOAA NMFS Harvesting Systems
Branch Gear Analysis Lab in Pascagoula, MS (NOAA National Marine Mammal
Health and Stranding Response Database unpublished data, Hayes et al.,
2019).
Commercial Fisheries on the High Seas
Fishery Name and Organizational Changes and Clarification
NMFS proposes to rename the Category II South Pacific tuna purse
seine fishery to the Western and Central Pacific Ocean tuna purse seine
fishery. This proposed change aligns the name with the current
statutory authority under which the fishery is managed, the Western and
Central Pacific Fisheries Convention Implementation Act, and the gear
used in the fishery.
NMFS proposes to clarify the fishery description for the renamed
Category II Western and Central Pacific Ocean tuna purse seine fishery.
NMFS clarifies that the only gear type used in this fishery is purse
seine. The fishery description previously included longline gear,
however, South Pacific tuna longline fishery is included under the
Western Pacific Pelagic deep-set and shallow-set longline fisheries.
Based on this proposed clarification, NMFS also proposes to remove the
Category II South Pacific tuna longline fishery from the LOF.
Number of Vessels/Persons
NMFS proposes updates to the estimated number of HSFCA permits for
high seas fisheries (Table 3) as follows:
Category I
<bullet> Atlantic highly migratory species longline fishery from 45
to 39 HSFCA permits;
[[Page 43503]]
Category II
<bullet> Western and Central Pacific Ocean tuna purse seine fishery
from 26 to 20 HSFCA permits;
<bullet> Pacific highly migratory species handline/pole and line
fishery from 43 to 44 HSFCA permits;
<bullet> South Pacific albacore troll handline/pole and line
fishery from 10 to 9 HSFCA permits;
<bullet> South Pacific albacore troll fishery from 18 to 20 HSFCA
permits; South Pacific tuna troll fishery from 1 to 0 HSFCA permits;
<bullet> Western Pacific pelagic troll fishery from 4 to 6 HSFCA
permits;
Category III
<bullet> Pacific highly migratory species longline fishery from 105
to 111 HSFCA permits; and
<bullet> Pacific highly migratory species troll fishery from 111 to
107 HSFCA permits.
List of Species and/or Stocks Incidentally Killed or Injured on the
High Seas
NMFS proposes to add the following 18 stocks to the list of
species/stocks incidentally killed or injured in the Category II
Western and Central Pacific Ocean tuna purse seine fishery based on
observed and fishermen self-reported mortalities and injuries from 2014
through 2020: (1) Hawaii pelagic stock of bottlenose dolphin, (2)
unknown stock of blue whale, (3) Hawaii stock of Bryde's whale, (4)
Hawaii pelagic stock of false killer whale, (5) Hawaii stock of fin
whale, (6) unknown stock of humpback whale, (7) Indo-Pacific bottlenose
dolphin, (8) California stock of long-beaked common dolphin, (9)
unknown stock of melon-headed whale, (10) Hawaii stock of minke whale,
(11) unknown stock of pantropical spotted dolphin, (12) Hawaii stock of
pygmy killer whale, (13) unknown stock of Risso's dolphin, (14) unknown
stock of rough-toothed dolphin, (15) Hawaii stock of sei whale, (16)
unknown stock of short-finned pilot whale, (17) Hawaii stock of sperm
whale, and (18) unknown stock of spinner dolphin.
NMFS proposes to add Ginkgo-toothed beaked whale to the list of
species/stocks incidentally killed or injured in the Category II
Western Pacific Pelagic longline fishery (HI shallow-set component). An
observed entanglement that occurred in 2014 was originally added as an
unknown stock of Mesoplodon species to the list of species/stocks
incidentally killed or injured. This observed entanglement was later
updated to be a Ginkgo-toothed beaked whale.
NMFS proposes to remove the Central North Pacific stock of humpback
whale and Hawaii stock of pygmy killer whale from the list of species/
stocks incidentally killed or injured in the Category I Western Pacific
Pelagic longline fishery (HI deep-set component). From 2014-2018, there
were no observed mortalities or injuries of these two stocks in the HI
deep-set component of the Western Pacific Pelagic longline fishery
(Carretta et al., 2021, Muto et al., 2021).
NMFS proposes to remove three stocks from the list of species/
stocks incidentally killed or injured in the Category II Western
Pacific Pelagic longline fishery (HI shallow-set component). The three
stocks are: (1) Hawaii stock of Blainville's beaked whale, (2) unknown
stock of Mesoplodon species, and (3) Hawaii stock of rough-toothed
dolphin. From 2014-2018, there were no observed moralities or injuries
of these stocks in the HI shallow-set component of the Western Pacific
Pelagic longline fishery (Carretta et al., 2021).
List of Fisheries
The following tables set forth the list of U.S. commercial
fisheries according to their classification under section 118 of the
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean
(including Alaska), Table 2 lists commercial fisheries in the Atlantic
Ocean, Gulf of Mexico, and Caribbean, Table 3 lists commercial
fisheries on the high seas, and Table 4 lists fisheries affected by
TRPs or TRTs.
In Tables 1 and 2, the estimated number of vessels or persons
participating in fisheries operating within U.S. waters is expressed in
terms of the number of active participants in the fishery, when
possible. If this information is not available, the estimated number of
vessels or persons licensed for a particular fishery is provided. If no
recent information is available on the number of participants, vessels,
or persons licensed in a fishery, then the number from the most recent
LOF is used for the estimated number of vessels or persons in the
fishery. NMFS acknowledges that, in some cases, these estimates may be
inflations of actual effort. For example, the State of Hawaii does not
issue fishery-specific licenses, and the number of participants
reported in the LOF represents the number of commercial marine license
holders who reported using a particular fishing gear type/method at
least once in a given year, without considering how many times the gear
was used. For these fisheries, effort by a single participant is
counted the same whether the fisherman used the gear only once or every
day. In the Mid-Atlantic and New England fisheries, the numbers
represent the potential effort for each fishery, given the multiple
gear types for which several state permits may allow. Changes made to
Mid-Atlantic and New England fishery participants will not affect
observer coverage or bycatch estimates, as observer coverage and
bycatch estimates are based on vessel trip reports and landings data.
Tables 1 and 2 serve to provide a description of the fishery's
potential effort (state and Federal). If NMFS is able to extract more
accurate information on the gear types used by state permit holders in
the future, the numbers will be updated to reflect this change. For
additional information on fishing effort in fisheries found on Table 1
or 2, contact the relevant regional office (contact information
included above in Where can I find more information about the LOF and
the MMAP? section).
For high seas fisheries, Table 3 lists the number of valid HSFCA
permits currently held. Although this likely overestimates the number
of active participants in many of these fisheries, the number of valid
HSFCA permits is the most reliable data on the potential effort in high
seas fisheries at this time. As noted previously in this LOF, the
number of HSFCA permits listed in Table 3 for the high seas components
of fisheries that also operate within U.S. waters does not necessarily
represent additional effort that is not accounted for in Tables 1 and
2. Many vessels holding HSFCA permits also fish within U.S. waters and
are included in the number of vessels and participants operating within
those fisheries in Tables 1 and 2.
Tables 1, 2, and 3 also list the marine mammal species and/or
stocks incidentally killed or injured (seriously or non-seriously) in
each fishery based on SARs, injury determination reports, bycatch
estimation reports, observer data, logbook data, stranding data,
disentanglement network data, fishermen self-reports (i.e., MMAP
reports), and anecdotal reports. The best available scientific
information included in these reports is based on data through 2018.
This list includes all species and/or stocks known to be killed or
injured in a given fishery, but also includes species and/or stocks for
which there are anecdotal records of a mortality or injury.
Additionally, species identified by logbook entries, stranding data, or
fishermen self-reports (i.e., MMAP reports) may not be verified. In
Tables 1 and 2, NMFS has designated those species/stocks driving a
fishery's classification (i.e., the fishery
[[Page 43504]]
is classified based on mortalities and serious injuries of a marine
mammal stock that are greater than or equal to 50 percent (Category I),
or greater than 1 percent and less than 50 percent (Category II), of a
stock's PBR) by a ``1'' after the stock's name.
In Tables 1 and 2, there are several fisheries classified as
Category II that have no recent documented mortalities or serious
injuries of marine mammals, or fisheries that did not result in a
mortality or serious injury rate greater than 1 percent of a stock's
PBR level based on known interactions. NMFS has classified these
fisheries by analogy to other Category I or II fisheries that use
similar fishing techniques or gear that are known to cause mortality or
serious injury of marine mammals, as discussed in the final LOF for
1996 (60 FR 67063; December 28, 1995), and according to factors listed
in the definition of a ``Category II fishery'' in 50 CFR 229.2 (i.e.,
fishing techniques, gear types, methods used to deter marine mammals,
target species, seasons and areas fished, qualitative data from
logbooks or fishermen reports, stranding data, and the species and
distribution of marine mammals in the area). NMFS has designated those
fisheries listed by analogy in Tables 1 and 2 by adding a ``2'' after
the fishery's name.
There are several fisheries in Tables 1, 2, and 3 in which a
portion of the fishing vessels cross the EEZ boundary and therefore
operate both within U.S. waters and on the high seas. These fisheries,
though listed separately on Table 1 or 2 and Table 3, are considered
the same fisheries on either side of the EEZ boundary. NMFS has
designated those fisheries in each table with an asterisk (*) after the
fishery's name.
Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
Marine mammal
Estimated number of species and/or
Fishery description vessels/ persons stocks incidentally
killed or injured
------------------------------------------------------------------------
CATEGORY I
------------------------------------------------------------------------
Longline/Set Line Fisheries:
HI deep-set longline * 143................ False killer whale,
[supcaret]. HI Pelagic.\1\
False killer whale,
MHI Insular.
False killer whale,
NWHI.
Humpback whale.
Central North
Pacific.
Rough-toothed
dolphin, HI.
Short-finned pilot
whale, HI.
------------------------------------------------------------------------
CATEGORY II
------------------------------------------------------------------------
Gillnet Fisheries:
CA thresher shark/ 21................. Bottlenose dolphin,
swordfish drift gillnet CA/OR/WA offshore.
(>=14 in mesh) *. California sea lion,
U.S.
Dall's porpoise, CA/
OR/WA.
Gray whale, Eastern
North Pacific.
Humpback whale, CA/
OR/WA.
Long-beaked common
dolphin, CA.
Minke whale, CA/OR/
WA.\1\
Northern elephant
seal, CA breeding.
Northern right-whale
dolphin, CA/OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Risso's dolphin, CA/
OR/WA.
Short-beaked common
dolphin, CA/OR/WA.
Short-finned pilot
whale, CA/OR/WA.\1\
Sperm Whale, CA/OR/
WA.\1\
CA halibut/white seabass 39................. California sea lion,
and other species set U.S.
gillnet (>3.5 in mesh). Gray whale, Eastern
North Pacific.
Harbor seal, CA.
Humpback whale, CA/
OR/WA.\1\
Long-beaked common
dolphin, CA.
Northern elephant
seal, CA breeding.
Sea otter, CA.
Short-beaked common
dolphin, CA/OR/WA.
CA yellowtail, barracuda, 20................. California sea lion,
and white seabass drift U.S.
gillnet (mesh size >=3.5 Long-beaked common
in and <14 in) \2\. dolphin, CA.
Short-beaked common
dolphin, CA/OR/WA.
AK Bristol Bay salmon 1,862.............. Beluga whale,
drift gillnet \2\. Bristol Bay.
Gray whale, Eastern
North Pacific.
Harbor seal, Bering
Sea.
Northern fur seal,
Eastern Pacific.
Pacific white-sided
dolphin, North
Pacific.
Spotted seal, AK.
Steller sea lion,
Western U.S.
AK Bristol Bay salmon set 979................ Beluga whale,
gillnet \2\. Bristol Bay.
Gray whale, Eastern
North Pacific.
Harbor seal, Bering
Sea.
Northern fur seal,
Eastern Pacific.
Spotted seal, AK.
AK Kodiak salmon set 188................ Harbor porpoise,
gillnet. GOA.\1\
Harbor seal, GOA.
[[Page 43505]]
Humpback whale,
Central North
Pacific.
Humpback whale,
Western North
Pacific.
Sea otter, Southwest
AK.
Steller sea lion,
Western U.S.
AK Cook Inlet salmon set 736................ Beluga whale, Cook
gillnet. Inlet.
Dall's porpoise, AK.
Harbor porpoise,
GOA.
Harbor seal, Cook
Inlet/Shelikof
Strait.
Humpback whale,
Central North
Pacific.\1\
Sea otter, South
central AK.
Steller sea lion,
Western U.S.
AK Cook Inlet salmon 569................ Beluga whale, Cook
drift gillnet. Inlet.
Dall's porpoise, AK.
Harbor porpoise,
GOA.\1\
Harbor seal, GOA.
Steller sea lion,
Western U.S.
AK Peninsula/Aleutian 162................ Dall's porpoise, AK.
Islands salmon drift Harbor porpoise,
gillnet \2\. GOA.
Harbor seal, GOA.
Northern fur seal,
Eastern Pacific.
AK Peninsula/Aleutian 113................ Harbor porpoise,
Islands salmon set Bering Sea.
gillnet \2\. Northern sea otter,
Southwest AK.
Steller sea lion,
Western U.S.
AK Prince William Sound 537................ Dall's porpoise, AK.
salmon drift gillnet. Gray whale, Eastern
North Pacific.
Harbor porpoise,
GOA.\1\
Harbor seal, Prince
William Sound.
Northern fur seal,
Eastern Pacific.
Pacific white-sided
dolphin, North
Pacific.
Sea otter, South
central AK.
Steller sea lion,
Western U.S.\1\
AK Southeast salmon drift 474................ Dall's porpoise, AK.
gillnet. Harbor porpoise,
Southeast AK.
Harbor seal,
Southeast AK.
Humpback whale,
Central North
Pacific.\1\
Pacific white-sided
dolphin, North
Pacific.
Steller sea lion,
Eastern U.S.
AK Yakutat salmon set 168................ Gray whale, Eastern
gillnet \2\. North Pacific.
Harbor Porpoise,
Southeastern AK.
Harbor seal,
Southeast AK.
Humpback whale,
Central North
Pacific (Southeast
AK).
WA Puget Sound Region 136................ Dall's porpoise, CA/
salmon drift gillnet OR/WA.
(includes all inland Harbor porpoise,
waters south of US- inland WA.\1\
Canada border and
eastward of the Bonilla-
Tatoosh line-Treaty
Indian fishing is
excluded).
Harbor seal, WA
inland.
Trawl Fisheries:
AK Bering Sea, Aleutian 32................. Bearded seal,
Islands flatfish trawl. Beringia.
Gray whale, Eastern
North Pacific.
Harbor porpoise,
Bering Sea.
Harbor seal, Bristol
Bay.
Humpback whale,
Western North
Pacific.\1\
Killer whale,
Eastern North
Pacific Alaska
resident.\1\
Killer whale,
Eastern North
Pacific GOA, AI, BS
transient.\1\
Northern fur seal,
Eastern Pacific.
Ringed seal, Arctic.
Ribbon seal.
Spotted seal,
Bering.
Steller sea lion,
Western U.S.\1\
Walrus, AK.
AK Bering Sea, Aleutian 102................ Harbor seal, Bristol
Islands pollock trawl. Bay.
Humpback whale,
Central North
Pacific.
Humpback whale,
Western North
Pacific.
Ribbon seal.
Ringed seal, Arctic.
Steller sea lion,
Western U.S.\1\
Pot, Ring Net, and Trap
Fisheries:
[[Page 43506]]
AK Bering Sea, Aleutian 59................. Harbor seal, Bristol
Islands Pacific cod pot. Bay.
Humpback whale,
Central North
Pacific.
Humpback whale,
Western North
Pacific.
CA coonstripe shrimp pot. 9.................. Gray whale, Eastern
North Pacific.
Harbor seal, CA.
Humpback whale, CA/
OR/WA.\1\
CA spiny lobster......... 189................ Bottlenose dolphin,
CA/OR/WA offshore.
California sea lion,
U.S.
Humpback whale, CA/
OR/WA.\1\
Gray whale, Eastern
North Pacific.
Southern sea otter.
CA spot prawn pot........ 22................. Gray whale, Eastern
North Pacific.
Humpback whale, CA/
OR/WA.\1\
Long-beaked common
dolphin, CA.
CA Dungeness crab pot.... 471................ Blue whale, Eastern
North Pacific.\1\
Gray whale, Eastern
North Pacific.
Humpback whale, CA/
OR/WA.\1\
Killer whale,
Eastern North
Pacific GOA, BSAI
transient.
Killer whale, West
Coast transient.
OR Dungeness crab pot.... 323................ Gray whale, Eastern
North Pacific.
Humpback whale, CA/
OR/WA.\1\
WA/OR/CA sablefish pot... 144................ Humpback whale, CA/
OR/WA.\1\
WA coastal Dungeness crab 204................ Gray whale, Eastern
pot. North Pacific.
Humpback whale, CA/
OR/WA.\1\
Longline/Set Line Fisheries:
AK Gulf of Alaska 295................ Northern elephant
sablefish longline. seal, California.
Sperm whale, North
Pacific.
Steller sea lion,
Eastern U.S.
HI shallow-set longline * 11................. False killer whale,
[supcaret]. HI Pelagic.\1\
American Samoa longline 13................. False killer whale,
\2\. American Samoa.
Rough-toothed
dolphin, American
Samoa.
Short-finned pilot
whale, unknown.
Striped dolphin,
unknown.
HI shortline \2\......... 5.................. None documented.
------------------------------------------------------------------------
CATEGORY III
------------------------------------------------------------------------
Gillnet Fisheries:
AK Kuskokwim, Yukon, 1,778.............. Harbor porpoise,
Norton Sound, Kotzebue Bering Sea.
salmon gillnet.
AK Prince William Sound 29................. Harbor seal, GOA.
salmon set gillnet. Humpback whale,
Central North
Pacific.
Sea otter, South
central AK.
Steller sea lion,
Western U.S.
AK roe herring and food/ 920................ None documented.
bait herring gillnet.
CA set gillnet (mesh size 11................. None documented.
<3.5 in).
HI inshore gillnet....... 29................. Bottlenose dolphin,
HI.
Spinner dolphin, HI.
WA Grays Harbor salmon 19................. Harbor seal, OR/WA
drift gillnet (excluding coast.
treaty Tribal fishing).
WA/OR Mainstem Columbia 10................. None documented.
River eulachon gillnet.
WA/OR lower Columbia 244................ California sea lion,
River (includes U.S.
tributaries) drift Harbor seal, OR/WA
gillnet. coast.
WA Willapa Bay drift 57................. Harbor seal, OR/WA
gillnet. coast.
Northern elephant
seal, CA breeding.
Miscellaneous Net Fisheries:
AK Cook Inlet salmon 83................. Humpback whale,
purse seine. Central North
Pacific.
AK Kodiak salmon purse 376................ Dall's porpoise, AK.
seine. Harbor seal, North
Kodiak.
Humpback whale,
Central North
Pacific.
Humpback whale,
Western North
Pacific.
Steller sea lion,
Western U.S.
AK Southeast salmon purse 315................ Humpback whale,
seine. Central North
Pacific.
AK roe herring and food/ 10................. None documented.
bait herring beach seine.
AK roe herring and food/ 356................ None documented.
bait herring purse seine.
AK salmon beach seine.... 31................. None documented.
AK salmon purse seine 936................ Harbor seal, GOA.
(Prince William Sound, Harbor seal, Prince
Chignik, Alaska William Sound.
Peninsula).
WA/OR sardine purse seine 6.................. None documented.
[[Page 43507]]
CA anchovy, mackerel, 53................. California sea lion,
sardine purse seine. U.S.
Harbor seal, CA.
CA squid purse seine..... 68................. California sea lion,
U.S.
Long-beaked common
dolphin, CA.
Risso's dolphin, CA/
OR/WA.
Short-beaked common
dolphin, CA/OR/WA.
CA tuna purse seine *.... 14................. None documented.
WA/OR Lower Columbia 1.................. None documented.
River salmon seine.
WA/OR herring, anchovy, 41................. None documented.
smelt, squid purse seine
or lampara.
WA salmon seine.......... 81................. None documented.
WA salmon reef net....... 11................. None documented.
HI lift net.............. 15................. None documented.
HI inshore purse seine... None recorded...... None documented.
HI throw net, cast net... 15................. None documented.
HI seine net............. 17................. None documented.
Dip Net Fisheries:
CA squid dip net......... 19................. None documented.
Marine Aquaculture Fisheries:
CA marine shellfish unknown............ None documented.
aquaculture.
CA salmon enhancement >1................. None documented.
rearing pen.
CA white seabass 13................. California sea lion,
enhancement net pens. U.S.
HI offshore pen culture.. 1.................. None documented.
WA salmon net pens....... 14................. California sea lion,
U.S.
Harbor seal, WA
inland waters.
WA/OR shellfish 23................. None documented.
aquaculture.
Troll Fisheries:
WA/OR/CA albacore surface 556................ None documented.
hook and line/troll.
CA halibut, white 388................ None documented.
seabass, and yellowtail
hook and line/handline.
CA/OR/WA non-albacore HMS 124................ None documented.
hook and line.
AK Bering Sea, Aleutian unknown............ None documented.
Islands groundfish hand
troll and dinglebar
troll.
AK Gulf of Alaska unknown............ None documented.
groundfish hand troll
and dinglebar troll.
AK salmon troll.......... 1,908.............. Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
American Samoa tuna troll 13................. None documented.
CA/OR/WA salmon troll.... 1,030.............. None documented.
HI troll................. 1,380.............. Pantropical spotted
dolphin, HI.
HI rod and reel.......... 237................ None documented.
Commonwealth of the 40................. None documented.
Northern Mariana Islands
tuna troll.
Guam tuna troll.......... 398................ None documented.
Longline/Set Line Fisheries:
AK Bering Sea, Aleutian 4.................. Killer whale, GOA,
Islands Greenland turbot AI, BS transient.
longline.
AK Bering Sea, Aleutian 45................. Northern fur seal,
Islands Pacific cod Eastern Pacific.
longline. Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 22................. None documented.
Islands sablefish
longline.
AK Bering Sea, Aleutian 127................ Northern fur seal,
Islands halibut longline. Eastern Pacific.
Sperm whale, North
Pacific.
AK Gulf of Alaska halibut 855................ Harbor seal,
longline. Clarence Strait.
Harbor seal, Cook
Inlet.
Steller sea lion,
Eastern U.S.
AK Gulf of Alaska Pacific 92................. Harbor seal, Cook
cod longline. Inlet/Shelikof
Strait.
Steller sea lion,
Western U.S.
AK octopus/squid longline 3.................. None documented.
AK state-managed waters 464................ None documented.
longline/setline
(including sablefish,
rockfish, lingcod, and
miscellaneous finfish).
WA/OR/CA groundfish, 314................ Bottlenose dolphin,
bottomfish longline/set CA/OR/WA offshore.
line. California sea lion,
U.S.
Northern elephant
seal, California
breeding.
Sperm whale, CA/OR/
WA.
Steller sea lion,
Eastern U.S.
WA/OR/CA Pacific halibut 130................ None documented.
longline.
CA pelagic longline...... 4.................. None documented in
the most recent 5
years of data.
HI kaka line............. 5.................. None documented.
HI vertical line......... None recorded...... None documented.
Trawl Fisheries:
[[Page 43508]]
AK Bering Sea, Aleutian 13................. Harbor seal,
Islands Atka mackerel Aleutian Islands.
trawl. Northern elephant
seal, California.
Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 72................. Bearded seal, AK.
Islands Pacific cod Ribbon seal.
trawl. Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 17................. Harbor seal,
Islands rockfish trawl. Aleutian Islands.
Ribbon seal.
AK Gulf of Alaska 36................. Harbor seal, Cook
flatfish trawl. Inlet/Shelikof
Strait.
Harbor seal, North
Kodiak.
Harbor seal, South
Kodiak.
Steller sea lion,
Western U.S.
AK Gulf of Alaska Pacific 55................. Steller sea lion,
cod trawl. Western U.S.
AK Gulf of Alaska pollock 67................. Steller sea lion,
trawl. Western U.S.
AK Gulf of Alaska 43................. Steller sea lion,
rockfish trawl. Western U.S.
AK Kodiak food/bait 4.................. None documented.
herring otter trawl.
AK shrimp otter trawl and 38................. None documented.
beam trawl.
AK state-managed waters 2.................. None documented.
of Prince William Sound
groundfish trawl.
CA halibut bottom trawl.. 23................. California sea lion,
U.S.
Harbor porpoise,
unknown.
Harbor seal,
unknown.
Northern elephant
seal, CA breeding.
Steller sea lion,
unknown.
CA sea cucumber trawl.... 11................. None documented.
WA/OR/CA shrimp trawl.... 130................ California sea lion,
U.S.
WA/OR/CA groundfish trawl 118................ California sea lion,
U.S.
Dall's porpoise, CA/
OR/WA.
Harbor seal, OR/WA
coast.
Northern elephant
seal, CA breeding.
Northern fur seal,
Eastern Pacific.
Northern right whale
dolphin, CA/OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Steller sea lion,
Eastern U.S.
Pot, Ring Net, and Trap
Fisheries:
AK Bering Sea, Aleutian 6.................. Sperm whale, North
Islands sablefish pot. Pacific.
AK Bering Sea, Aleutian 540................ Bowhead whale,
Islands crab pot. Western Arctic.
Gray whale, Eastern
North Pacific.
AK Gulf of Alaska crab 271................ None documented.
pot.
AK Gulf of Alaska Pacific 116................ None documented in
cod pot. most recent 5 years
of data.
AK Gulf of Alaska 248................ None documented.
sablefish pot.
AK Southeast Alaska crab 375................ Humpback whale,
pot. Central North
Pacific (Southeast
AK).
AK Southeast Alaska 99................. Humpback whale,
shrimp pot. Central North
Pacific (Southeast
AK).
AK shrimp pot, except 141................ None documented.
Southeast.
AK octopus/squid pot..... 15................. None documented.
CA rock crab pot......... 113................ Gray whale, Eastern
North Pacific.
Harbor seal, CA.
CA other crab/shellfish 40................. None documented.
pot fishery.
WA/OR/CA hagfish pot..... 63................. None documented.
WA/OR/CA other groundfish 68................. None documented.
pot fishery.
WA/OR shrimp pot/trap.... 28................. None documented.
WA Puget Sound Dungeness 145................ None documented.
crab pot/trap.
HI crab trap............. 4.................. Humpback whale,
Central North
Pacific.
HI fish trap............. 4.................. None documented.
HI lobster trap.......... None recorded...... None documented in
recent years.
HI shrimp trap........... 3.................. None documented.
HI crab net.............. None recorded...... None documented.
HI Kona crab loop net.... 20................. None documented.
Hook and Line, Handline, and
Jig Fisheries:
AK Bering Sea, Aleutian 2.................. None documented.
Islands groundfish jig.
AK Gulf of Alaska 214................ None documented in
groundfish jig. most recent 5 years
of data.
AK halibut jig........... 71................. None documented.
American Samoa bottomfish 9.................. None documented.
Commonwealth of the 11................. None documented.
Northern Mariana Islands
bottomfish.
Guam bottomfish.......... 67................. None documented.
HI aku boat, pole, and None recorded...... None documented.
line.
HI bottomfish handline... 385................ None documented in
recent years.
HI inshore handline...... 206................ None documented.
[[Page 43509]]
HI pelagic handline...... 300................ None documented.
WA/OR/CA groundfish/ 689................ California sea lion,
finfish hook and line. U.S.
Western Pacific squid jig 0.................. None documented.
Harpoon Fisheries:
CA swordfish harpoon..... 21................. None documented.
Pound Net/Weir Fisheries:
AK herring spawn on kelp 291................ None documented.
pound net.
AK Southeast herring roe/ 2.................. None documented.
food/bait pound net.
HI bullpen trap.......... None recorded...... None documented.
Bait Pens:
WA/OR/CA bait pens....... 13................. California sea lion,
U.S.
Dredge Fisheries:
AK scallop dredge........ 108 (5 AK)......... None documented.
Dive, Hand/Mechanical
Collection Fisheries:
AK clam.................. 130................ None documented.
AK Dungeness crab........ 2.................. None documented.
AK herring spawn on kelp. 266................ None documented.
AK miscellaneous 214................ None documented.
invertebrates handpick.
CA/OR/WA dive collection. 186................ None documented.
CA/WA kelp, seaweed and 4.................. None documented.
algae.
HI black coral diving.... None recorded...... None documented.
HI fish pond............. None recorded...... None documented.
HI handpick.............. 25................. None documented.
HI lobster diving........ 12................. None documented.
HI spearfishing.......... 82................. None documented.
WA/OR/CA hand/mechanical 320................ None documented.
collection.
Commercial Passenger Fishing
Vessel (Charter Boat)
Fisheries:
AK/WA/OR/CA commercial >7,000 (1,006 AK).. Humpback whale,
passenger fishing vessel. Central North
Pacific.
Humpback whale,
Western North
Pacific.
Killer whale,
unknown.
Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
Live Finfish/Shellfish
Fisheries:
HI aquarium collecting... 34................. None documented.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1:
AI--Aleutian Islands; AK--Alaska; BS--Bering Sea; CA--California; ENP--
Eastern North Pacific; GOA--Gulf of Alaska; HI--Hawaii; MHI--Main
Hawaiian Islands; OR--Oregon; WA--Washington;
\1\ Fishery classified based on mortalities and serious injuries of this
stock, which are greater than or equal to 50 percent (Category I) or
greater than 1 percent and less than 50 percent (Category II) of the
stock's PBR;
\2\ Fishery classified by analogy;
* Fishery has an associated high seas component listed in Table 3; and
[supcaret] The list of marine mammal species and/or stocks killed or
injured in this fishery is identical to the list of species and/or
stocks killed or injured in high seas component of the fishery, minus
species and/or stocks that have geographic ranges exclusively on the
high seas. The species and/or stocks are found, and the fishery
remains the same, on both sides of the EEZ boundary. Therefore, the
EEZ components of these fisheries pose the same risk to marine mammals
as the components operating on the high seas.
Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
Marine mammal
Estimated number of species and/or
Fishery description vessels/ persons stocks incidentally
killed or injured
------------------------------------------------------------------------
CATEGORY I
------------------------------------------------------------------------
Gillnet Fisheries:
Mid-Atlantic gillnet..... 4,020.............. Bottlenose dolphin,
Northern Migratory
coastal.
Bottlenose dolphin,
Southern Migratory
coastal.\1\
Bottlenose dolphin,
Northern NC
estuarine
system.\1\
Bottlenose dolphin,
Southern NC
estuarine
system.\1\
Bottlenose dolphin,
WNA offshore.
Common dolphin, WNA.
Gray seal, WNA.
Harbor porpoise, GME/
BF.
Harbor seal, WNA.
Hooded seal, WNA.
Humpback whale, Gulf
of Maine.
Minke whale,
Canadian east
coast.
Northeast sink gillnet... 4,072.............. Bottlenose dolphin,
Northern Migratory
coastal.
[[Page 43510]]
Bottlenose dolphin,
WNA offshore.
Common dolphin, WNA.
Fin whale, WNA.
Gray seal, WNA.\1\
Harbor porpoise, GME/
BF.
Harbor seal, WNA.
Harp seal, WNA.
Humpback whale, Gulf
of Maine.
Minke whale,
Canadian east
coast.
North Atlantic right
whale, WNA.
Risso's dolphin,
WNA.
White-sided dolphin,
WNA.
Trap/Pot Fisheries:
Northeast/Mid-Atlantic 8,485.............. Humpback whale, Gulf
American lobster trap/ of Maine.
pot. Minke whale,
Canadian east
coast.
North Atlantic right
whale, WNA.\1\
Longline Fisheries:
Atlantic Ocean, 201................ Atlantic spotted
Caribbean, Gulf of dolphin, Northern
Mexico large pelagics GMX.
longline *. Bottlenose dolphin,
Northern GMX
oceanic.
Bottlenose dolphin,
WNA offshore.
Common dolphin, WNA.
Cuvier's beaked
whale, WNA.
False killer whale,
WNA.
Harbor porpoise,
GME, BF.
Kogia spp. (Pygmy or
dwarf sperm whale),
WNA.
Long-finned pilot
whale, WNA.
Mesoplodon beaked
whale, WNA.
Minke whale,
Canadian East
coast.
Pantropical spotted
dolphin, Northern
GMX.
Pygmy sperm whale,
GMX.
Risso's dolphin,
Northern GMX.
Risso's dolphin,
WNA.
Rough-toothed
dolphin, Northern
GMX.
Short-finned pilot
whale, Northern
GMX.
Short-finned pilot
whale, WNA.\1\
Sperm whale,
Northern GMX.
------------------------------------------------------------------------
CATEGORY II
------------------------------------------------------------------------
Gillnet Fisheries:
Chesapeake Bay inshore 265................ Bottlenose dolphin,
gillnet \2\. unknown (Northern
migratory coastal
or Southern
migratory coastal).
Gulf of Mexico gillnet 248................ Bottlenose dolphin,
\2\. Eastern GMX
coastal.
Bottlenose dolphin,
GMX bay, sound, and
estuarine.
Bottlenose dolphin,
Mobile Bay,
Bonsecour Bay.
Bottlenose dolphin,
Northern GMX
coastal.
Bottlenose dolphin,
Western GMX
coastal.
NC inshore gillnet....... 2,676.............. Bottlenose dolphin,
Northern NC
estuarine
system.\1\
Bottlenose dolphin,
Southern NC
estuarine
system.\1\
Northeast anchored float 852................ Harbor seal, WNA.
gillnet \2\. Humpback whale, Gulf
of Maine.
White-sided dolphin,
WNA.
Northeast drift gillnet 1,036.............. None documented.
\2\.
Southeast Atlantic 273................ Bottlenose dolphin,
gillnet \2\. Central FL coastal.
Bottlenose dolphin,
Northern FL
coastal.
Bottlenose dolphin,
SC/GA coastal.
Bottlenose dolphin,
Southern migratory
coastal.
Southeastern U.S. 21................. Bottlenose dolphin,
Atlantic shark gillnet. unknown (Central
FL, Northern FL, SC/
GA coastal, or
Southern migratory
coastal).
North Atlantic right
whale, WNA.
Trawl Fisheries:
Mid-Atlantic mid-water 320................ Bottlenose dolphin,
trawl (including pair WNA offshore.
trawl). Harbor seal, WNA.
Mid-Atlantic bottom trawl 633................ Bottlenose dolphin,
WNA offshore.\1\
Common dolphin,
WNA.\1\
Gray seal, WNA.\1\
Harbor seal, WNA.
Risso's dolphin,
WNA.\1\
[[Page 43511]]
White-sided dolphin,
WNA.
Northeast mid-water trawl 542................ Common dolphin, WNA.
(including pair trawl). Gray seal, WNA.
Harbor seal, WNA.
Long-finned pilot
whale, WNA.\1\
Northeast bottom trawl... 968................ Bottlenose dolphin,
WNA offshore.\1\
Common dolphin, WNA.
Gray seal, WNA.\1\
Harbor porpoise, GME/
BF.
Harbor seal, WNA.
Harp seal, WNA.
Long-finned pilot
whale, WNA.\1\
Risso's dolphin,
WNA.\1\
White-sided dolphin,
WNA.\1\
Southeastern U.S. 10,824............. Atlantic spotted
Atlantic, Gulf of Mexico dolphin, Northern
shrimp trawl. Gulf of Mexico.
Bottlenose dolphin,
Charleston
estuarine system.
Bottlenose dolphin,
Eastern GMX
coastal.\1\
Bottlenose dolphin,
GMX bay, sound,
estuarine.\1\
Bottlenose dolphin,
GMX continental
shelf.
Bottlenose dolphin,
Mississippi River
Delta.
Bottlenose dolphin,
Mobile Bay,
Bonsecour Bay.
Bottlenose dolphin,
Northern GMX
coastal.\1\
Bottlenose dolphin,
Pensacola Bay, East
Bay.
Bottlenose dolphin,
Perdido Bay.
Bottlenose dolphin,
SC/GA coastal.\1\
Bottlenose dolphin,
Southern migratory
coastal.
Bottlenose dolphin,
Western GMX
coastal.\1\
Trap/Pot Fisheries:
MA mixed species trap/pot 1,240.............. None documented.
Southeastern U.S. 1,101.............. Bottlenose dolphin,
Atlantic, Gulf of Mexico Biscayne Bay
stone crab trap/pot \2\. estuarine.
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Eastern GMX
coastal.
Bottlenose dolphin,
FL Bay.
Bottlenose dolphin,
GMX bay, sound,
estuarine (FL west
coast portion).
Bottlenose dolphin,
Indian River Lagoon
estuarine system.
Bottlenose dolphin,
Jacksonville
estuarine system.
Bottlenose dolphin,
Northern GMX
coastal.
Bottlenose dolphin,
Sarasota Bay,
Little Sarasota
Bay.
Atlantic mixed species 3,493.............. Fin whale, WNA.
trap/pot \2\. Humpback whale, Gulf
of Maine.
Atlantic blue crab trap/ 6,679.............. Bottlenose dolphin,
pot. Central FL coastal.
Bottlenose dolphin,
Central GA
estuarine
system.\1\
Bottlenose dolphin,
Charleston
estuarine
system.\1\
Bottlenose dolphin,
Indian River Lagoon
estuarine system.
Bottlenose dolphin,
Jacksonville
estuarine system.
Bottlenose dolphin,
Northern FL
coastal.\1\
Bottlenose dolphin,
Northern GA/
Southern SC
estuarine system.
Bottlenose dolphin,
Northern Migratory
coastal.
Bottlenose dolphin,
Northern NC
estuarine
system.\1\
Bottlenose dolphin,
Northern SC
estuarine system.
Bottlenose dolphin,
SC/GA coastal.
Bottlenose dolphin,
Southern GA
estuarine system.
Bottlenose dolphin,
Southern Migratory
coastal.\1\
Bottlenose dolphin,
Southern NC
estuarine system.
West Indian manatee,
FL.
Purse Seine Fisheries:
Gulf of Mexico menhaden 40-42.............. Bottlenose dolphin,
purse seine. GMX bay, sound,
estuarine.
Bottlenose dolphin,
Mississippi River
Delta.
Bottlenose dolphin,
Mississippi Sound,
Lake Borgne, Bay
Boudreau.
Bottlenose dolphin,
Northern GMX
coastal.\1\
Bottlenose dolphin,
Western GMX
coastal.\1\
Mid-Atlantic menhaden 17................. Bottlenose dolphin,
purse seine \2\. Northern Migratory
coastal.
Bottlenose dolphin,
Southern Migratory
coastal.
Haul/Beach Seine Fisheries:
[[Page 43512]]
Mid-Atlantic haul/beach 359................ Bottlenose dolphin,
seine. Northern Migratory
coastal.\1\
Bottlenose dolphin,
Northern NC
estuarine
system.\1\
Bottlenose dolphin,
Southern Migratory
coastal.\1\
NC long haul seine....... 22................. Bottlenose dolphin,
Northern NC
estuarine
system.\1\
Bottlenose dolphin,
Southern NC
estuarine system.
Stop Net Fisheries:
NC roe mullet stop net... 1.................. Bottlenose dolphin,
Northern NC
estuarine system.
Bottlenose dolphin,
unknown (Southern
migratory coastal
or Southern NC
estuarine system).
Pound Net Fisheries:
VA pound net............. 20................. Bottlenose dolphin,
Northern migratory
coastal.
Bottlenose dolphin,
Northern NC
estuarine system.
Bottlenose dolphin,
Southern Migratory
coastal.\1\
------------------------------------------------------------------------
CATEGORY III
------------------------------------------------------------------------
Gillnet Fisheries:
Caribbean gillnet........ 127................ None documented in
the most recent 5
years of data.
DE River inshore gillnet. unknown............ None documented in
the most recent 5
years of data.
Long Island Sound inshore unknown............ None documented in
gillnet. the most recent 5
years of data.
RI, southern MA (to unknown............ None documented in
Monomoy Island), and NY the most recent 5
Bight (Raritan and Lower years of data.
NY Bays) inshore gillnet.
Southeast Atlantic unknown............ Bottlenose dolphin,
inshore gillnet. Northern SC
estuarine system.
Trawl Fisheries:
Atlantic shellfish bottom >58................ None documented.
trawl.
Gulf of Mexico butterfish 2.................. Bottlenose dolphin,
trawl. Northern GMX
oceanic.
Bottlenose dolphin,
Northern GMX
continental shelf.
Gulf of Mexico mixed 20................. None documented.
species trawl.
GA cannonball jellyfish 1.................. Bottlenose dolphin,
trawl. SC/GA coastal.
Marine Aquaculture Fisheries:
Finfish aquaculture...... 48................. Harbor seal, WNA.
Shellfish aquaculture.... unknown............ None documented.
Purse Seine Fisheries:
Gulf of Maine Atlantic >7................. Harbor seal, WNA.
herring purse seine.
Gulf of Maine menhaden >2................. None documented.
purse seine.
FL West Coast sardine 10................. Bottlenose dolphin,
purse seine. Eastern GMX
coastal.
U.S. Atlantic tuna purse 5.................. None documented in
seine *. most recent 5 years
of data.
Longline/Hook and Line
Fisheries:
Northeast/Mid-Atlantic >1,207............. None documented.
bottom longline/hook-and-
line.
Gulf of Maine, U.S. Mid- 2,846.............. Humpback whale, Gulf
Atlantic tuna, shark, of Maine.
swordfish hook-and-line/
harpoon.
Southeastern U.S. >5,000............. Bottlenose dolphin,
Atlantic, Gulf of GMX continental
Mexico, and Caribbean shelf.
snapper-grouper and
other reef fish bottom
longline/hook-and-line.
Southeastern U.S. 39................. Bottlenose dolphin,
Atlantic, Gulf of Mexico Eastern GMX
shark bottom longline/ coastal.
hook-and-line. Bottlenose dolphin,
Northern GMX
continental shelf.
Southeastern U.S. 680................ None documented.
Atlantic, Gulf of
Mexico, and Caribbean
pelagic hook-and-line/
harpoon.
U.S. Atlantic, Gulf of unknown............ None documented.
Mexico trotline.
Trap/Pot Fisheries:
Caribbean mixed species 154................ Bottlenose dolphin,
trap/pot. Puerto Rico and
United States
Virgin Islands.
Caribbean spiny lobster 40................. None documented.
trap/pot.
FL spiny lobster trap/pot 1,268.............. Bottlenose dolphin,
Biscayne Bay
estuarine.
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Eastern GMX
coastal.
Bottlenose dolphin,
FL Bay estuarine.
Bottlenose dolphin,
FL Keys.
Gulf of Mexico blue crab 4,113.............. Bottlenose dolphin,
trap/pot. Barataria Bay.
Bottlenose dolphin,
Eastern GMX
coastal.
Bottlenose dolphin,
GMX bay, sound,
estuarine.
Bottlenose dolphin,
Mississippi Sound,
Lake Borgne, Bay
Boudreau.
Bottlenose dolphin,
Mobile Bay,
Bonsecour Bay.
Bottlenose dolphin,
Northern GMX
coastal.
Bottlenose dolphin,
Western GMX
coastal.
West Indian manatee,
FL.
Gulf of Mexico mixed unknown............ None documented.
species trap/pot.
[[Page 43513]]
Southeastern U.S. 10................. None documented.
Atlantic, Gulf of Mexico
golden crab trap/pot.
U.S. Mid-Atlantic eel unknown............ None documented.
trap/pot.
Stop Seine/Weir/Pound Net/
Floating Trap/Fyke Net
Fisheries:
Gulf of Maine herring and >1................. Harbor porpoise, GME/
Atlantic mackerel stop BF.
seine/weir. Harbor seal, WNA.
Minke whale,
Canadian east
coast.
Atlantic white-sided
dolphin, WNA.
U.S. Mid-Atlantic crab 2,600.............. None documented.
stop seine/weir.
U.S. Mid-Atlantic mixed unknown............ Bottlenose dolphin,
species stop seine/weir/ Northern NC
pound net (except the NC estuarine system.
roe mullet stop net).
RI floating trap......... 9.................. None documented.
Northeast and Mid- unknown............ None documented.
Atlantic fyke net.
Dredge Fisheries:
Gulf of Maine sea urchin unknown............ None documented.
dredge.
Gulf of Maine mussel unknown............ None documented.
dredge.
Gulf of Maine, U.S. Mid- >403............... None documented.
Atlantic sea scallop
dredge.
Mid-Atlantic blue crab unknown............ None documented.
dredge.
Mid-Atlantic soft-shell unknown............ None documented.
clam dredge.
Mid-Atlantic whelk dredge unknown............ None documented.
U.S. Mid-Atlantic/Gulf of 7,000.............. None documented.
Mexico oyster dredge.
New England and Mid- unknown............ None documented.
Atlantic offshore surf
clam/quahog dredge.
Haul/Beach Seine Fisheries:
Caribbean haul/beach 38................. West Indian manatee,
seine. Puerto Rico.
Gulf of Mexico haul/beach unknown............ None documented.
seine.
Southeastern U.S. 25................. None documented.
Atlantic haul/beach
seine.
Dive, Hand/Mechanical
Collection Fisheries:
Atlantic Ocean, Gulf of 20,000............. None documented.
Mexico, Caribbean
shellfish dive, hand/
mechanical collection.
Gulf of Maine urchin unknown............ None documented.
dive, hand/mechanical
collection.
Gulf of Mexico, Southeast unknown............ None documented.
Atlantic, Mid-Atlantic,
and Caribbean cast net.
Commercial Passenger Fishing
Vessel (Charter Boat)
Fisheries:
Atlantic Ocean, Gulf of 4,000.............. Bottlenose dolphin,
Mexico, Caribbean Barataria Bay
commercial passenger estuarine system.
fishing vessel. Bottlenose dolphin,
Biscayne Bay
estuarine.
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Choctawhatchee Bay.
Bottlenose dolphin,
Eastern GMX
coastal.
Bottlenose dolphin,
FL Bay.
Bottlenose dolphin,
GMX bay, sound,
estuarine.
Bottlenose dolphin,
Indian River Lagoon
estuarine system.
Bottlenose dolphin,
Jacksonville
estuarine system.
Bottlenose dolphin,
Mississippi Sound,
Lake Borgne, Bay
Boudreau.
Bottlenose dolphin,
Northern FL
coastal.
Bottlenose dolphin,
Northern GA/
Southern SC
estuarine.
Bottlenose dolphin,
Northern GMX
coastal.
Bottlenose dolphin,
Northern migratory
coastal.
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.
[[Page 43514]]
Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
Marine mammal species
Number of HSFCA and/or stocks
Fishery description permits incidentally killed or
injured
------------------------------------------------------------------------
CATEGORY I
------------------------------------------------------------------------
Longline Fisheries:
Atlantic Highly Migratory 39.............. Atlantic spotted
Species *. dolphin, WNA.
Bottlenose dolphin,
Northern GMX oceanic.
Bottlenose dolphin,
WNA offshore.
Common dolphin, WNA.
Cuvier's beaked whale,
WNA.
False killer whale,
WNA.
Killer whale, GMX
oceanic.
Kogia spp. whale
(Pygmy or dwarf sperm
whale), WNA.
Long-finned pilot
whale, WNA.
Mesoplodon beaked
whale, WNA.
Minke whale, Canadian
East coast.
Pantropical spotted
dolphin, WNA.
Risso's dolphin, GMX.
Risso's dolphin, WNA.
Short-finned pilot
whale, WNA.
Western Pacific Pelagic 143............. Bottlenose dolphin, HI
(HI Deep-set component) * Pelagic.
[supcaret]. False killer whale, HI
Pelagic.
Kogia spp. (Pygmy or
dwarf sperm whale),
HI.
Risso's dolphin, HI.
Short-finned pilot
whale, HI.
Striped dolphin, HI.
------------------------------------------------------------------------
CATEGORY II
------------------------------------------------------------------------
Drift Gillnet Fisheries:
Pacific Highly Migratory 5............... Long-beaked common
Species * [supcaret]. dolphin, CA.
Humpback whale, CA/OR/
WA.
Northern right-whale
dolphin, CA/OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Risso's dolphin, CA/OR/
WA.
Short-beaked common
dolphin, CA/OR/WA.
Trawl Fisheries:
Atlantic Highly Migratory 1............... No information.
Species **.
CCAMLR.................... 0............... Antarctic fur seal.
Purse Seine Fisheries:
Western and Central 20.............. Bottlenose dolphin, HI
Pacific Ocean Tuna Purse Pelagic.
Seine. Blue whale, unknown.
Bryde's whale, HI.
False killer whale, HI
Pelagic.
Fin whale, HI.
Humpback whale,
unknown.
Indo-Pacific dolphin.
Long-beaked common
dolphin, CA.
Melon-headed whale,
unknown.
Minke whale, HI.
Pantropical spotted
dolphin, unknown.
Pygmy killer whale,
HI.
Risso's dolphin,
unknown.
Rough-toothed dolphin,
unknown.
Sei whale, HI.
Short-finned pilot
whale, unknown.
Sperm whale, HI.
Spinner dolphin,
unknown.
Western Pacific Pelagic... 1............... No information.
Longline Fisheries:
CCAMLR.................... 0............... None documented.
South Pacific Albacore 6............... No information.
Troll.
Western Pacific Pelagic 11.............. Bottlenose dolphin, HI
(HI Shallow-set Pelagic.
component) * [supcaret]. False killer whale, HI
Pelagic.
Fin whale, HI.
Ginkgo-toothed beaked
whale.
Guadalupe fur seal.
Humpback whale,
Central North
Pacific.
Northern elephant
seal, CA breeding.
Risso's dolphin, HI.
Short-beaked common
dolphin, CA/OR/WA.
Striped dolphin, HI.
[[Page 43515]]
Handline/Pole and Line
Fisheries:
Atlantic Highly Migratory 1............... No information.
Species.
Pacific Highly Migratory 44.............. No information.
Species.
South Pacific Albacore 9............... No information.
Troll.
Western Pacific Pelagic... 5............... No information.
Troll Fisheries:
Atlantic Highly Migratory 0............... No information.
Species.
South Pacific Albacore 20.............. No information.
Troll.
South Pacific Tuna 0............... No information.
Fisheries **.
Western Pacific Pelagic... 6............... No information.
------------------------------------------------------------------------
CATEGORY III
------------------------------------------------------------------------
Longline Fisheries:
Northwest Atlantic Bottom 2............... None documented.
Longline.
Pacific Highly Migratory 111............. None documented in the
Species. most recent 5 years
of data.
Purse Seine Fisheries:
Pacific Highly Migratory 5............... None documented.
Species * [supcaret].
Trawl Fisheries:
Northwest Atlantic........ 4............... None documented.
Troll Fisheries:
Pacific Highly Migratory 107............. None documented.
Species *.
------------------------------------------------------------------------
List of Terms, Abbreviations, and Symbols Used in Table 3:
CA--California; GMX--Gulf of Mexico; HI--Hawaii; OR--Oregon; WA--
Washington; WNA--Western North Atlantic;
* Fishery is an extension/component of an existing fishery operating
within U.S. waters listed in Table 1 or 2. The number of permits
listed in Table 3 represents only the number of permits for the high
seas component of the fishery;
** These gear types are not authorized under the Pacific HMS FMP (2004),
the Atlantic HMS FMP (2006), or without a South Pacific Tuna Treaty
license (in the case of the South Pacific Tuna fisheries). Because
HSFCA permits are valid for 5 years, permits obtained in past years
exist in the HSFCA permit database for gear types that are now
unauthorized. Therefore, while HSFCA permits exist for these gear
types, it does not represent effort. In order to land fish species,
fishers must be using an authorized gear type. Once these permits for
unauthorized gear types expire, the permit-holder will be required to
obtain a permit for an authorized gear type; and
[supcaret] The list of marine mammal species and/or stocks killed or
injured in this fishery is identical to the list of marine mammal
species and/or stocks killed or injured in U.S. waters component of
the fishery, minus species and/or stocks that have geographic ranges
exclusively in coastal waters, because the marine mammal species and/
or stocks are also found on the high seas and the fishery remains the
same on both sides of the EEZ boundary. Therefore, the high seas
components of these fisheries pose the same risk to marine mammals as
the components of these fisheries operating in U.S. waters.
Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
Take reduction plans Affected fisheries
------------------------------------------------------------------------
Atlantic Large Whale Take Reduction Category I
Plan (ALWTRP)--50 CFR 229.32. Mid-Atlantic gillnet.
Northeast/Mid-Atlantic American
lobster trap/pot.
Northeast sink gillnet.
Category II
Atlantic blue crab trap/pot.
Atlantic mixed species trap/
pot.
MA mixed species trap/pot.
Northeast anchored float
gillnet.
Northeast drift gillnet.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic
shark gillnet.*
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab trap/
pot. [supcaret]
Bottlenose Dolphin Take Reduction Plan Category I
(BDTRP)--50 CFR 229.35. Mid-Atlantic gillnet.
Category II
Atlantic blue crab trap/pot.
Chesapeake Bay inshore gillnet
fishery.
Mid-Atlantic haul/beach seine.
Mid-Atlantic menhaden purse
seine.
NC inshore gillnet.
NC long haul seine.
NC roe mullet stop net.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic
shark gillnet.
Southeastern U.S. Atlantic,
Gulf of Mexico shrimp trawl.
[supcaret]
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab trap/
pot. [supcaret]
VA pound net.
[[Page 43516]]
False Killer Whale Take Reduction Plan Category I
(FKWTRP)--50 CFR 229.37. HI deep-set longline.
Category II
HI shallow-set longline.
Harbor Porpoise Take Reduction Plan Category I
(HPTRP)--50 CFR 229.33 (New England) Mid-Atlantic gillnet.
and 229.34 (Mid-Atlantic). Northeast sink gillnet.
Pelagic Longline Take Reduction Plan Category I
(PLTRP)--50 CFR 229.36. Atlantic Ocean, Caribbean, Gulf
of Mexico large pelagics
longline.
Pacific Offshore Cetacean Take Category II
Reduction Plan (POCTRP)--50 CFR 229.31. CA thresher shark/swordfish
drift gillnet (>=14 in mesh).
Atlantic Trawl Gear Take Reduction Team Category II
(ATGTRT). Mid-Atlantic bottom trawl.
Mid-Atlantic mid-water trawl
(including pair trawl).
Northeast bottom trawl.
Northeast mid-water trawl
(including pair trawl).
------------------------------------------------------------------------
List of Symbols Used in Table 4:
* Only applicable to the portion of the fishery operating in U.S.
waters; and
[supcaret] Only applicable to the portion of the fishery operating in
the Atlantic Ocean.
Classification
The Chief Counsel for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
Any entity with combined annual fishery landing receipts less than $11
million is considered a small entity for purposes of the Regulatory
Flexibility Act. Under the size standard, all entities subject to this
action were considered small entities; thus, they all would continue to
be considered small under the new standards.
Under existing regulations, all individuals participating in
Category I or II fisheries must register under the MMPA and obtain an
authorization certificate. The authorization certificate authorizes the
taking of non-endangered and non-threatened marine mamm
[…truncated; see source link]Indexed from Federal Register on August 9, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.