Rule2023-05762
List of Fisheries for 2023
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
March 21, 2023
Effective
April 20, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 2023, as required by the Marine Mammal Protection Act (MMPA). The LOF for 2023 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of mortality and serious injury of marine mammals that occurs incidental to each fishery. The classification of a fishery on the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan (TRP) requirements.
Full Text
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<title>Federal Register, Volume 88 Issue 54 (Tuesday, March 21, 2023)</title>
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[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Rules and Regulations]
[Pages 16899-16919]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05762]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 230313-0073]
RIN 0648-BL30
List of Fisheries for 2023
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its
final List of Fisheries (LOF) for 2023, as required by the Marine
Mammal Protection Act (MMPA). The LOF for 2023 reflects new information
on interactions between commercial fisheries and marine mammals. NMFS
must classify each commercial fishery on the LOF into one of three
categories under the MMPA based upon the level of mortality and serious
injury of marine mammals that occurs incidental to each fishery. The
classification of a fishery on the LOF determines whether participants
in that fishery are subject to certain provisions of the MMPA, such as
registration, observer coverage, and take reduction plan (TRP)
requirements.
DATES: The effective date of this final rule is April 20, 2023.
ADDRESSES: Chief, Marine Mammal and Sea Turtle Conservation Division,
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, Office of Protected
Resources, 301-427-8402; Cheryl Cross, Greater Atlantic Region, 978-
281-9100; Jessica Powell, Southeast Region, 727-824-5312; Dan Lawson,
West Coast Region, 206-526-4740; Suzie Teerlink, Alaska Region, 907-
586-7240; Elena Duke, Pacific Islands Region, 808-725-5085. Individuals
who use a telecommunications device for the hearing impaired may call
the Federal Information Relay Service at 1-800-877-8339 between 8 a.m.
and 4 p.m. Eastern time, Monday through Friday, excluding Federal
holidays.
SUPPLEMENTARY INFORMATION:
What is the List of Fisheries?
Section 118 of the MMPA requires NMFS to place all U.S. commercial
fisheries into one of 3 categories based on the level of incidental
mortality and serious injury of marine mammals occurring in each
fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the
LOF determines whether participants in that fishery may be required to
comply with certain provisions of the MMPA, such as registration,
observer coverage, and take reduction plan requirements. NMFS must
reexamine the LOF annually, considering new information in the Marine
Mammal Stock Assessment Reports (SARs) and other relevant sources, and
publish in the Federal Register any necessary changes to the LOF after
notice and opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)).
How does NMFS determine in which category a fishery is placed?
The definitions for the fishery classification criteria can be
found in the implementing regulations for section 118 of the MMPA (50
CFR 229.2). The criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all
fisheries on each marine mammal stock and then addresses the impact of
individual fisheries on each stock. This approach is based on
consideration of the rate, in numbers of animals per year, of
incidental mortalities and serious injuries of marine mammals due to
commercial fishing operations relative to the potential biological
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C.
1362 (20)) defines the PBR level as the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal
stock, while allowing that stock to reach or maintain its optimum
sustainable population. This definition can also be found in the
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
Tier 1: Tier 1 considers the cumulative fishery mortality and
serious injury for a particular stock. If the total annual mortality
and serious injury of a marine mammal stock, across all fisheries, is
less than or equal to 10 percent of the PBR level of the stock, all
fisheries interacting with the stock will be placed in Category III
(unless those fisheries interact with other stock(s) for which total
annual mortality and serious injury is greater than 10 percent of PBR).
Otherwise, these fisheries are subject to the next tier (Tier 2) of
analysis to determine their classification.
Tier 2: Tier 2 considers fishery-specific mortality and serious
injury for a particular stock.
Category I: Annual mortality and serious injury of a stock in a
given fishery is greater than or equal to 50 percent of the PBR level
(i.e., frequent incidental mortality and serious injury of marine
mammals).
Category II: Annual mortality and serious injury of a stock in a
given fishery is greater than 1 percent and less than 50 percent of the
PBR level (i.e., occasional incidental mortality and serious injury of
marine mammals).
Category III: Annual mortality and serious injury of a stock in a
given fishery is less than or equal to 1 percent of the PBR level
(i.e., a remote likelihood of or no known incidental mortality and
serious injury of marine mammals).
Additional details regarding how the categories were determined are
provided in the preamble to the final rule implementing section 118 of
the MMPA (60 FR 45086; August 30, 1995).
Because fisheries are classified on a per-stock basis, a fishery
may qualify as one category for one marine mammal stock and another
category for a different marine mammal stock. A fishery is typically
classified on the LOF at its highest level of classification (e.g.,
[[Page 16900]]
a fishery qualifying for Category III for one marine mammal stock and
for Category II for another marine mammal stock will be listed under
Category II). Stocks driving a fishery's classification are denoted
with a superscript ``1'' in Tables 1 and 2.
Other Criteria That May Be Considered
The tier analysis requires a minimum amount of data, and NMFS does
not have sufficient data to perform a tier analysis on certain
fisheries. Therefore, NMFS has classified certain fisheries by analogy
to other fisheries that use similar fishing techniques or gear that are
known to cause mortality or serious injury of marine mammals, or
according to factors discussed in the final LOF for 1996 (60 FR 67063;
December 28, 1995) and listed in the regulatory definition of a
Category II fishery. In the absence of reliable information indicating
the frequency of incidental mortality and serious injury of marine
mammals by a commercial fishery, NMFS will determine whether the
incidental mortality or serious injury is ``occasional'' by evaluating
other factors such as fishing techniques, gear used, methods used to
deter marine mammals, target species, seasons and areas fished,
qualitative data from logbooks or fishermen reports, stranding data,
and the species and distribution of marine mammals in the area, or at
the discretion of the Assistant Administrator for Fisheries (50 CFR
229.2).
Further, eligible commercial fisheries not specifically identified
on the LOF are deemed to be Category II fisheries until the next LOF is
published (50 CFR 229.2).
How does NMFS determine which species or stocks are included as
incidentally killed or injured in a fishery?
The LOF includes a list of marine mammal species and/or stocks
incidentally killed or injured in each commercial fishery. The list of
species and/or stocks incidentally killed or injured includes
``serious'' and ``non-serious'' documented injuries as described later
in the List of Species and/or Stocks Incidentally Killed or Injured in
the Pacific Ocean and List of Species and/or Stocks Incidentally Killed
or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean
sections. To determine which species or stocks are included as
incidentally killed or injured in a fishery, NMFS annually reviews the
information presented in the current SARs and injury determination
reports. SARs are brief reports summarizing the status of each stock of
marine mammals occurring in waters under U.S. jurisdiction, including
information on the identity and geographic range of the stock,
population statistics related to abundance, trend, and annual
productivity, notable habitat concerns, and estimates of human-caused
mortality and serious injury (M/SI) by source. The SARs are based upon
the best available scientific information and provide the most current
and inclusive information on each stock's PBR level and level of
interaction with commercial fishing operations. The best available
scientific information used in the SARs and reviewed for the 2023 LOF
generally summarizes data from 2015-2019. NMFS also reviews other
sources of new information, including injury determination reports,
bycatch estimation reports, observer data, logbook data, stranding
data, disentanglement network data, fishermen self-reports (i.e., MMPA
mortality/injury reports), and anecdotal reports from that time period.
In some cases, more recent information may be available and used in the
LOF.
For fisheries with observer coverage, species or stocks are
generally removed from the list of marine mammal species and/or stocks
incidentally killed or injured if no interactions are documented in the
five-year timeframe summarized in that year's LOF. For fisheries with
no observer coverage and for observed fisheries with evidence
indicating that undocumented interactions may be occurring (e.g.,
fishery has low observer coverage and stranding network data include
evidence of fisheries interactions that cannot be attributed to a
specific fishery), species and stocks may be retained for longer than
five years. For these fisheries, NMFS will review the other sources of
information listed above and use its discretion to decide when it is
appropriate to remove a species or stock.
Where does NMFS obtain information on the level of observer coverage in
a fishery on the LOF?
The best available information on the level of observer coverage
and the spatial and temporal distribution of observed marine mammal
interactions is presented in the SARs. Data obtained from the observer
program and observer coverage levels are important tools in estimating
the level of marine mammal mortality and serious injury in commercial
fishing operations. Starting with the 2005 SARs, each Pacific and
Alaska SAR includes an appendix with detailed descriptions of each
Category I and II fishery on the LOF, including the observer coverage
in those fisheries. For Atlantic fisheries, this information can be
found in the LOF Fishery Fact Sheets. The SARs do not provide detailed
information on observer coverage in Category III fisheries because,
under the MMPA, Category III fisheries are not required to accommodate
observers aboard vessels due to the remote likelihood of mortality and
serious injury of marine mammals. Fishery information presented in the
SARs' appendices and other resources referenced during the tier
analysis may include: level of observer coverage; target species;
levels of fishing effort; spatial and temporal distribution of fishing
effort; characteristics of fishing gear and operations; management and
regulations; and interactions with marine mammals. Copies of the SARs
are available on the NMFS Office of Protected Resources website at:
<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
[[Page 16901]]
the Endangered Species Act (ESA). The authorized high seas fisheries
are broad in scope and encompass multiple specific fisheries identified
by gear type. For the purposes of the LOF, the high seas fisheries are
subdivided based on gear type (e.g., trawl, longline, purse seine,
gillnet, troll, etc.) to provide more detail on composition of effort
within these fisheries. Many fisheries operate in both U.S. waters and
on the high seas, creating some overlap between the fisheries listed in
Tables 1 and 2 and those in Table 3. In these cases, the high seas
component of the fishery is not considered a separate fishery, but an
extension of a fishery operating within U.S. waters (listed in Table 1
or 2). NMFS designates those fisheries in Tables 1, 2, and 3 with an
asterisk (*) after the fishery's name. The number of HSFCA permits
listed in Table 3 for the high seas components of these fisheries
operating in U.S. waters does not necessarily represent additional
effort that is not accounted for in Tables 1 and 2. Many vessels/
participants holding HSFCA permits also fish within U.S. waters and are
included in the number of vessels and participants operating within
those fisheries in Tables 1 and 2.
HSFCA permits are valid for 5 years, during which time Fishery
Management Plans (FMPs) can change. Therefore, some vessels/
participants may possess valid HSFCA permits without the ability to
fish under the permit because it was issued for a gear type that is no
longer authorized under the most current FMP. For this reason, the
number of HSFCA permits displayed in Table 3 is likely higher than the
actual U.S. fishing effort on the high seas. For more information on
how NMFS classifies high seas fisheries on the LOF, see the preamble
text in the final 2009 LOF (73 FR 73032; December 1, 2008). Additional
information about HSFCA permits can be found at <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: (1) when the fishery was added to the LOF;
(2) the basis for the fishery's initial classification; (3)
classification changes to the fishery; (4) changes to the list of
species and/or stocks incidentally killed or injured in the fishery;
(5) fishery gear and methods used; (6) observer coverage levels; (7)
fishery management and regulation; and (8) applicable TRPs or TRTs, if
any. These fishery fact sheets are updated after each final LOF and can
be found under ``How Do I Find Out if a Specific Fishery is in Category
I, II, or III?'' on the NMFS Office of Protected Resources' website:
<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 marine mammals incidental to commercial
fishing operations. The take of threatened or endangered marine mammals
requires an additional authorization. Owners of vessels or gear engaged
in a Category III fishery are not required to register with NMFS or
obtain a marine mammal authorization.
How do I register, renew and receive my Marine Mammal Authorization
Program authorization certificate?
NMFS has integrated the MMPA registration process, implemented
through the Marine Mammal Authorization Program (MMAP), with existing
state and Federal fishery license, registration, or permit systems for
Category I and II fisheries on the LOF. Participants in these fisheries
are automatically registered under the MMAP and are not required to
submit registration or renewal materials.
In the Pacific Islands, West Coast, and Alaska regions, NMFS will
issue vessel or gear owners an authorization certificate via U.S. mail
or with their state or Federal license or permit at the time of
issuance or renewal. In the Southeast Region, NMFS will issue vessel or
gear owners an authorization certificate via U.S. mail automatically at
the beginning of each calendar year. In the Greater Atlantic Region,
NMFS will issue vessel or gear owners an authorization certificate
electronically. The certificate can be downloaded and printed at:
<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>.
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,
[[Page 16902]]
regardless of the presence of any wound or other evidence of injury,
and must be reported.
Mortality/injury reporting forms and instructions for submitting
forms to NMFS can be found at: <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#47292a2134692a2e352237283533072928262669202831"><span class="__cf_email__" data-cfemail="76181b1005581b1f041306190402361819171758111900">[email protected]</span></a>; (3) faxed to the NMFS Office
of Protected Resources at 301-713-0376; or (4) mailed to the NMFS
Office of Protected Resources (mailing address is provided on the
postage-paid form that can be printed from the web address listed
above). Reporting requirements and procedures are found in 50 CFR
229.6.
Am I required to take an observer aboard my vessel?
Individuals participating in a Category I or II fishery are
required to accommodate an observer aboard their vessel(s) upon request
from NMFS. MMPA section 118 states that the Secretary is not required
to place an observer on a vessel if the facilities for quartering an
observer or performing observer functions are so inadequate or unsafe
that the health or safety of the observer or the safe operation of the
vessel would be jeopardized; thereby authorizing the exemption of
vessels too small to safely accommodate an observer from this
requirement. However, U.S. Atlantic Ocean, Caribbean, or Gulf of Mexico
large pelagic longline vessels operating in special areas designated by
the Pelagic Longline Take Reduction Plan implementing regulations (50
CFR 229.36(d)) will not be exempted from observer requirements,
regardless of their size. Observer requirements are found in 50 CFR
229.7.
Am I required to comply with any marine mammal TRP regulations?
Table 4 provides a list of fisheries affected by TRPs and TRTs. TRP
regulations are found at 50 CFR 229.30 through 229.37. A description of
each TRT and copies of each TRP can be found at: <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: Cheryl Cross;
NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg,
FL 33701, Attn: Jessica Powell;
NMFS, West Coast Region, Long Beach Office, 501 W Ocean Blvd.,
Suite 4200, Long Beach, CA 90802-4213, Attn: Dan Lawson;
NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709
West 9th Street, Juneau, AK 99802, Attn: Suzie Teerlink; or
NMFS, Pacific Islands Regional Office, Protected Resources
Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn:
Elena Duke.
Sources of Information Reviewed for the 2023 LOF
NMFS reviewed the marine mammal incidental mortality and serious
injury information presented in the SARs for all fisheries to determine
whether changes in fishery classification are warranted. The SARs are
based on the best scientific information available at the time of
preparation, including the level of mortality and serious injury of
marine mammals that occurs incidental to commercial fishery operations
and the PBR levels of marine mammal stocks. The information contained
in the SARs is reviewed by regional Scientific Review Groups (SRGs)
representing Alaska, the Pacific (including Hawaii), and the U.S.
Atlantic, Gulf of Mexico, and Caribbean. The SRGs were established by
the MMPA to review the science that informs the SARs, and to advise
NMFS on marine mammal population status, trends, and stock structure;
uncertainties in the science, research needs, and other issues.
NMFS also reviewed other sources of new information, including
marine mammal stranding and entanglement data, observer program data,
fishermen self-reports, reports to the SRGs, conference papers, FMPs,
and ESA documents.
The LOF for 2023 was based on, among other things, stranding data;
fishermen self-reports; and SARs, primarily the final 2021 SARs, which
are based on data from 2015-2019. The SARs referenced in this LOF
include: 2020 (86 FR 38991; July 23, 2021) and 2021 (87 FR 47385;
August 3, 2022). The SARs are available at: <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>.
Comments and Responses
NMFS received five comment letters on the proposed LOF for 2023 (87
FR 55348; September 9, 2022). Comments were received from Hawaii
Longline Association (HLA), Maine Department of Marine Resources (ME
DMR), Maine Lobstermen's Association (MLA), Washington Department of
Fish and Wildlife (WDFW) and a member of the public. Responses to
substantive comments are below. Comments on actions not related to the
LOF are not included. One commenter expressed general support for the
rule.
Comments on Commercial Fisheries in the Pacific Ocean
Comment 1: HLA reiterates a previous comment recommending NMFS
remove the Main Hawaiian Islands (MHI) insular and Northwestern
Hawaiian Islands (NWHI) stocks of false killer whales from the list of
species and/or stocks incidentally killed or injured in the Category I
Hawaii deep-set longline fishery. HLA notes that (a) the False Killer
Whale Take Reduction Plan (FKWTRP) closed the deep-set longline fishery
for almost the entire range of the MHI insular stock, (b) since this
change was made in 2013 there have been no false killer whale
interactions in the fishery, and (c) there has never been a deep-set
longline fishery M/SI in the very small area of the stocks' range where
the fishery operates. They also state that no information has been
presented to the False Killer Whale Take Reduction Team or the Pacific
Scientific Review Group suggesting any false killer whale M/SI in the
deep-set fishery can reliably be attributed to the MHI insular or NWHI
stocks of false killer whales. HLA requests that NMFS remove the MHI
insular and NWHI stocks of false killer whales from the list of species
and/or stocks incidentally killed or injured in the Category I Hawaii
deep-set longline fishery.
Response: This comment has been addressed previously (see 84 FR
22051, May 16, 2019; 85 FR 21079, April 16, 2020; 86 FR 3028, January
14, 2021). The MHI insular stock of false killer
[[Page 16903]]
whales have been documented via telemetry to move far enough offshore
to reach longline fishing areas (Bradford et al., 2015). The MHI
insular, Hawaii pelagic, and NWHI stocks have partially overlapping
ranges. MHI insular false killer whales have been satellite tracked as
far as 115 kilometers (km) from the MHI, while pelagic stock animals
have been tracked to within 11 km of the MHI and throughout the NWHI.
Thus, M/SI of false killer whales of unknown stock within the stock
overlap zones must be prorated to MHI insular, pelagic, or NWHI stocks.
Annual bycatch estimates are prorated using a process outlined in
detail in the SARs, which account for M/SI that occur within the MHI-
pelagic or NWHI-pelagic overlap zones.
For observed fisheries with evidence indicating that undocumented
interactions may be occurring (e.g., fishery has evidence of fisheries
interactions that cannot be attributed to a specific fishery, and
stranding network data include evidence of fisheries interactions that
cannot be attributed to a specific fishery), stocks may be retained on
the LOF for longer than five years. For these fisheries, NMFS will
review the other sources of relevant information to determine when it
is appropriate to remove a species or stock from the LOF. As described
in the 2019 LOF (84 FR 22051, May 16, 2019), 6 false killer whale M/SI
incidental to the deep-set longline fishery were observed inside the
exclusive economic zone (EEZ) around Hawaii, including three that
occurred close to the outer boundary of the MHI Longline Fishing
Prohibited Area, in close proximity to the outer boundary of the MHI
Insular false killer whale stocks' range, which overlaps with areas
that are open to deep-set longline fishing. MHI Insular false killer
whales have been documented with injuries consistent with fisheries
interactions that have not been attributed to a specific fishery (Baird
et al., 2014). Additionally, in August 2020, NMFS reopened the Southern
Exclusion Zone to Hawaii deep-set longline fishing (85 FR 50959, August
19, 2020).
In addition to the SARs, NMFS also reviews other sources of new
information for the LOF, including injury determination reports,
bycatch estimation reports, and observer data. In some cases, more
recent information may be available and used in the LOF. In January
2019, there was an observed mortality of a false killer whale
incidental to the Hawaii deep-set longline fishery that occurred within
the range of the NWHI stock. Therefore, NMFS retains both the MHI
insular and NWHI false killer whale stocks on the list of species and/
or stocks incidentally killed or injured in the Category I Hawaii deep-
set longline fishery.
Comment 2: HLA reiterates a previous comment recommending NMFS
remove the Central North Pacific stock of humpback whale from the list
of species and/or stocks incidentally killed or injured in the Category
II Hawaii shallow-set longline fishery. They state that the most recent
Central North Pacific humpback whale SAR does not include any M/SI in
the HI shallow-set longline fishery in the last 5 years, and the
fishery has 100 percent observer coverage.
Response: This comment has been addressed previously (see 86 FR
3028, January 14, 2021). In addition to the M/SI included in the SARs,
the LOF references data from injury determination reports, bycatch
estimation reports, observer data, logbook data, stranding data,
disentanglement network data, fishermen self-reports, and anecdotal
reports. In March 2015, there was an observed humpback whale, Central
North Pacific stock injury in the Category II Hawaii shallow-set
longline fishery. The injury was determined to be non-serious. Due to
the observed injury, the Central North Pacific stock of humpback whale
is retained on the list of species and/or stocks incidentally killed or
injured in the Category II Hawaii shallow-set longline fishery.
Comment 3: WDFW comments that the 2023 LOF proposed rule provides a
fishery description for the Category III WA/OR sardine purse seine
fishery, but the rule did not include a fishery description for the
Category III WA/OR anchovy purse seine fishery. WDFW provided a
description for the Category III WA/OR anchovy purse seine fishery.
Response: NMFS thanks WDFW for their review of the fishery
descriptions provided in the proposed LOF for 2023 (87 FR 55348;
September 9, 2022). The anchovy purse seine fishery in Washington and
Oregon is currently associated with the Category III WA/OR herring,
anchovy, smelt, squid purse seine or lampara fishery. The fishery
description for the WA/OR herring, anchovy, smelt, squid purse seine or
lampara fishery was published in the 2022 LOF (86 FR 43491; August 9,
2021). The anchovy purse seine fishery in Washington and Oregon is
currently covered and sufficiently described on the LOF.
Comment 4: WDFW recommends NMFS revise the fishery description for
the Category III WA/OR mainstem Columbia River eulachon gillnet fishery
that was published in the proposed LOF (87 FR 55348; September 9, 2022)
as follows.
Distribution: Eulachon (candlefish), which is a member of the
typical smelts, are targeted in the Lower Columbia River downstream
from Bonneville Dam. The fishery historically occurred throughout the
winter and spring, from December 1 to March 31, to supply both the bait
demand for sport sturgeon anglers and the fresh food market. In recent
years, the fishery has been limited to a total of 8-15 days (primarily
in February) by conservative fishery management decisions responding to
declining returns and the 2010 ESA-listing.
Gear Description: The fishery is primarily conducted using 2-inch
stretched bobber gill nets that are set during the turn of the tide and
during the flood tide when the fish are present at intermediate depths.
Most nets are suspended below the surface by dropper lines which are
adjusted as needed.
Management: Oregon and Washington jointly decide management actions
for Columbia River fish and fisheries in the trans-boundary mainstem
reaches of the lower basin. Both states manage the fishery under the
congressionally approved Columbia River Compact (Compact). The Compact
States can open a commercial fishery only with the mutual consent and
approbation of both states. The Compact does not restrict the right of
either state to adopt regulations that are more conservative than that
of the other, though such regulations can be enforced only in the
adopting state's waters. Washington commercial fishers are required to
have a Columbia River smelt commercial license when targeting eulachon
for either human consumption or bait-fishing. Oregon does not require a
separate smelt license; however, fishers do have to possess a
commercial fishing license and a commercial fishing boat license. If
eulachon are targeted only for bait sales, fishers may purchase a bait-
fishing license only instead of a commercial fishing license and a
commercial fishing boat license.
Response: NMFS thanks WDFW for the careful review of the draft
fishery description for the Category III WA/OR mainstem Columbia River
eulachon gillnet fishery. Based on the information provided by WDFW, we
will incorporate the revised fishery description accordingly.
Comment 5: WDFW recommends NMFS revise the name of the Category III
``WA/OR Lower Columbia River (includes tributaries) gillnet'' fishery
to the ``WA/OR Lower Columbia River (includes tributaries) drift net''
fishery. They also recommend revising the
[[Page 16904]]
fishery description published in the proposed LOF (87 FR 55348;
September 9, 2022) as follows.
Distribution: The mainstem Columbia River non-treaty commercial
drift net fishery historically occurred during multiple seasons
(winter, spring, summer, and fall), primarily targeting Chinook
(spring, summer, and fall stocks) and coho salmon from the mouth of the
Columbia River upstream to Beacon Rock, Washington (approximately 140
river miles). The fishing area is divided into zones of which some, or
all, may be open during a specific season. Closed areas exist at many
tributary mouths. A depiction of each of the zones can be found at:
<a href="https://www.dfw.state.or.us/fish/OSCRP/CRM/docs/2013/Columbia%20River%20Commercial%20Zone%201-6%20Map.pdf">https://www.dfw.state.or.us/fish/OSCRP/CRM/docs/2013/Columbia%20River%20Commercial%20Zone%201-6%20Map.pdf</a>.
Due to changes in state policies, mainstem winter, spring and
summer non-treaty tribal commercial fisheries have effectively not
occurred since 2016. The fall fishery is comprised of both Chinook and
coho-directed fisheries, with the Chinook-directed fishery currently
constrained to Zones 4-5 (described above), and the coho-directed
fishery occurring in Zones 1-3. Non-treaty tribal gillnet fisheries
occur throughout the year in Select Area fisheries located in-off-
channel areas of the Lower Columbia River. Three sites exist on the
Oregon side (Youngs Bay, Tongue Point/South Channel, and Knappa/Blind
Sloughs) and one in Washington (Deep River). A map of the Select Area
fishing sites is available here: <a href="https://www.dfw.state.or.us/fish/commercial/docs/Select%20Area%20Commercial%20Fishing%20Zones%20Map.pdf">https://www.dfw.state.or.us/fish/commercial/docs/Select%20Area%20Commercial%20Fishing%20Zones%20Map.pdf</a>.
Gear Description: The fall Zone 4-5 fishery is non-mark selective
for Chinook and coho. Gear is limited to drift gillnets with a maximum
length of 250 fathoms, and a maximum mesh size of 9\3/4\ inches.
Minimum mesh size varies in the fall with a 9-inch minimum mesh size
commonly used in August and 8-inch commonly used in September.
Recently, the fall coho-directed fishery has been under mark-selective
regulations for coho utilizing live-capture techniques (small-mesh
sizes, short net soak time, recovery boxes, live-capture training,
etc.). Gear is limited to drift tangle nets with a maximum length of
150 fathoms, a maximum mesh size of 3\3/4\ inches, and a maximum soak
time of 30 minutes. Fishers are required to complete live-capture
training before participating in this fishery. Typically, only hatchery
coho and Chinook may be retained.
Management: This is a limited entry fishery, but permits are
transferable if certain requirements are met. The fishery is managed by
the states of Oregon and Washington within the Columbia River Compact
process. Harvest limits are based on annual run sizes, ESA-take limits,
hatchery escapement needs, and State policies directing sport-
commercial sharing of the resource. Therefore, management occurs in
coordination with the Pacific Fisheries Management Council process and
take limits are set by NMFS. Chinook and coho salmon are the primary
species harvested but shad and white sturgeon (when authorized) may
also be harvested and sold. The harvest of steelhead, chum, and green
sturgeon is prohibited.
Response: NMFS thanks WDFW for their review of the draft fishery
description for the Category III WA/OR Lower Columbia River (includes
tributaries) drift gillnet fishery. Based on the information provided
by WDFW, NMFS revises the name of this fishery to the ``WA/OR Lower
Columbia River (includes tributaries) drift net fishery'' and
incorporates the revised fishery description proposed by WDFW.
Comment 6: WDFW recommends NMFS revise the name of the Category III
``WA/OR Lower Columbia River salmon seine'' fishery to the ``WA/OR
Lower Columbia River emerging commercial'' fishery. They also recommend
revising the fishery description published in the proposed LOF (87 FR
55348; September 9, 2022) as follows.
Distribution: Because the primary purpose of this Emerging
Commercial Fishery would be to reduce the abundance of hatchery-origin
fall Chinook and coho, the primary fishing area would be in commercial
Zones 1-3 of the Lower Columbia River (mouth upstream to river mile
80). The season would likely occur from late-August into October,
coinciding with Chinook and coho run timing.
Gear Description: Specifics pertaining to gear configuration of
beach seines, purse seines, and pound nets in the Lower Columbia River
Emerging Commercial Fishery is one area that requires experimentation
as the fishery takes place to address issues related to bycatch,
release mortality rates, and economics that complicate implementation.
All three gears are legal for commercial use in Oregon and can be used
in an Emerging Commercial Fishery in Washington.
Management: WDFW and Oregon Department of Fish and Wildlife are
jointly managing this limited-entry fishery via the Columbia River
Compact process. An Emerging Fishery license and Experimental Fishery
Permit from Washington or an Experimental Gear Permit from Oregon will
be needed to participate. To date, these gears have been primarily
utilized in a research or limited commercial setting with an Emerging
Commercial Fishery limited to 4 to 10 fishers using beach and purse
seines in the fall of 2014-2016. An agency observer will be required
while fishing is conducted.
Response: NMFS thanks WDFW for their review of the fishery
descriptions provided as part of the proposed 2023 LOF. We note that
the fishery name and description revisions proposed by WDFW include
reference to pound nets, which is a gear type that has not been
previously associated with any West Coast commercial fishery on the
LOF. As a result, NMFS would like to collect additional information
about the use of pound nets in the Lower Columbia River before revising
the name and/or fishery description of salmon fisheries in the Lower
Columbia River. After collecting additional information, NMFS will
reconsider the comments provided by WDFW in a future proposed LOF. In
the interim, NMFS notes that an eligible commercial fishery not
specifically identified on the LOF, including commercial fisheries
permitted by the States of Washington and/or Oregon that may include
use of pound nets in the Lower Columbia River, is deemed to be a
Category II fishery until the next LOF is published (50 CFR 229.2).
Comments on Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico,
and Caribbean
Comment 7: ME DMR and MLA reiterate previous comments that the
Maine state waters trap/pot fishery should be separated out from the
broader Category I Northeast/Mid-Atlantic American lobster trap/pot
fishery and classified as a separate and independent Category II
fishery. Both ME DMR and MLA cite the rarity of North Atlantic right
whales in Maine state waters, lack of attributed right whale
entanglements in the Maine lobster fishery in over 15 years, the
implementation of additional risk reduction measures via the recent
final rule amending the Atlantic Large Whale Take Reduction Plan
(ALWTRP), and the ability to differentiate itself from other trap/pot
fisheries with gear modifications and monitoring unique to the state of
Maine.
ME DMR and MLA note that weak point requirements do not vary by
zone in Maine state waters. In May 2022, ME state regulations began
requiring that all
[[Page 16905]]
buoy lines in exempt waters and the sliver area (area between the
exemption line and the 3-mile line) have a 1700 pounds (lb) weak
insertion 50 percent of the way down the vertical line, or approved
1700 lb breaking strength line in the top 50 percent of the vertical
line. They also state that the state of Massachusetts requires
additional weak points in vertical lines longer than 120 feet (ft), the
same weak point configuration that Maine requires is also required in
Massachusetts state waters.
Both commenters also state that since September 2020, a purple
state specific gear marking is required to differentiate Maine trap/pot
gear from the rest of the fishery. In addition, the ALWTRP requires a
Federal green mark. These Maine state marking requirements
differentiated the state fishery from the rest of the Category I
Northeast/Mid-Atlantic American lobster trap/pot fishery.
They state that the final rule for the 2022 LOF asserted the Maine
state lobster trap/pot fishery could not be reclassified as a Category
II fishery because it cannot be ruled out as the cause for recent right
whale entanglements where gear had been recovered, as that recovered
gear was found with red tracers indicating the gear came from the
ALWTRP Northern Inshore Trap/Pot fishery that overlaps Maine, New
Hampshire, and Massachusetts state waters. ME DMR and MLA note that
prior to 2020 there were no gear marking requirements in the Maine
exempted waters. Therefore, recent entanglements were not a result of
gear set in Maine exempt waters, which is a significant portion of
Maine state waters.
Lastly, ME DMR and MLA states that part of NMFS' justification for
reclassifying the MA mixed species trap/pot fishery as a Category II
fishery was due to the extensive North Atlantic right whale monitoring
in MA. In 2020, NMFS Northeast Fisheries Science Center, deployed 8
passive acoustic recorders in Maine state waters. The commenters state
that from January 2020 through June 2021 right whales were only
detected on 6 days at three locations. They also note that the passive
acoustic monitors will remain in their locations for at least the next
three years. Maine is also undertaking additional efforts to detect
right whales in Maine waters: including acoustic glider projects and
broad scale aerial surveys. Therefore, the Maine state waters lobster
trap/pot fishery meets the requirements for extensive monitoring and
should be reclassified as a Category II fishery.
Response: This comment has been addressed previously (see 87 FR
23122; April 19, 2022). As stated in the final LOF for 2022 (87 FR
23122; April 19, 2022), the state of Massachusetts has made significant
changes to their trap/pot regulations, including seasonal closures and
gear modifications. These changes differentiate the Massachusetts state
waters' trap/pot fishery from the Category I Northeast/Mid-Atlantic
American lobster trap/pot and Category II Atlantic mixed species trap/
pot fisheries.
On the 2022 LOF, NMFS classified Category II MA mixed species trap/
pot fishery based on the regulatory definition (50 CFR 229.2) of a
Category II fishery. The classification of the Category II
Massachusetts mixed species trap/pot fishery was based on the
consideration of several state regulations, which were implemented
prior to the 2022 fishing season. Massachusetts implemented extensive
seasonal time-area closures that spatially and temporally expanded the
Massachusetts Restricted Area to significantly reduce the co-occurrence
of the fishery with North Atlantic right whales. Additionally, in
Massachusetts state waters, gear requirements include the following:
(1) all commercial trap fishermen to fish buoy lines that break when
exposed to 1,700 lbs (771 kilograms (kg)) of tension, which can be
accomplished through the use of weak rope or weak insertions at 60 ft
(18 meters (m)) intervals along the top 75 percent of the buoy line;
(2) All commercial trap fishermen to fish buoy lines with a maximum
diameter of \3/8\ inch (9.5 millimeters (mm)); and (3) state-specific
gear marks on all vertical lines. Marks must be red in color, at least
2 ft in length, and spaced no more than 60 ft (18 m) apart. These gear
markings are distinct from those used in other states that are
different colors, shorter in length, fewer in number and more widely-
spaced. As noted in the 2022 LOF final rule (87 FR 23122; April 19,
2022), these combined management measures are supported by extensive
monitoring of North Atlantic right whale populations through state and
Federal aerial survey effort over Massachusetts' waters. This survey
effort is enhanced by additional sighting and entanglement reporting
that is gathered from a widespread network of visual observers. These
collective measures set this fishery apart from the broader Category I
Northeast/Mid-Atlantic American lobster trap/pot, and reduce its risk
to North Atlantic right whales.
To separate a Category I fishery into a new fishery due to new
regulatory measures, that new fishery should significantly reduce the
risk of entanglement of the stock driving the Category I classification
with sufficient gear marking to distinguish it from other fisheries.
NMFS acknowledges that all lobster and Jonah crab trap/pot fisheries
have implemented regulatory measures to reduce risk of entanglement to
North Atlantic right whales under the new ALWTRP regulations finalized
in 2021 (86 FR 51970; September 17, 2021).
NMFS also recognizes that the state of Maine has expanded acoustic
monitoring and commenced visual surveys for marine mammals. However,
cumulatively, these current efforts are not sufficient to designate the
Maine state lobster fishery as a distinct fishery. Although the state
of Maine has initiated monitoring efforts, data are limited in scope.
Acoustic monitoring is valuable and indeed confirms that North Atlantic
right whales are using Maine waters (NEFSC, 2022; PACM 2022). However,
acoustic data cannot inform whale density or abundance estimates, and
can only detect the presence of whales if they are vocally active while
in the range of the monitoring devices (NEFSC 2022). Detection further
varies by species and with physical oceanographic properties and
ambient noise (Van Parijs et al., 2021). Detailed information on the
distribution and habitat use of North Atlantic right whales is
currently lacking, particularly in coastal Maine, and these complex
patterns cannot be understood from limited acoustic data and only one
month of recent visual surveys. Acoustic monitoring only indicates that
North Atlantic right whales are present and vocalizing during the
period of surveillance and cannot quantify the abundance of North
Atlantic right whales. Ongoing acoustic monitoring plus other
surveillance methods, such as long-term visual surveys, will help us
better understand North Atlantic right whale distribution and habitat
use in Maine waters. Fiscal Year 2023 Congressional appropriations
included dedicated funding for improving monitoring in the Gulf of
Maine.
Increased visual survey effort can additionally contribute to the
collection of entanglement information. Although entanglements are the
primary cause of M/SI of large whales, including North Atlantic right
whales: (1) exact entanglement locations are infrequently identified
(NMFS 2021); (2) the majority of mortalities incidental to gear
entanglement are undetected (Pace et al., 2021); and (3) gear is rarely
retrieved from an entanglement or attributed to a fishery or gear type
(NMFS 2021). Confirmed large whale entanglements
[[Page 16906]]
have recently occurred in Maine waters, indicated by purple gear
markings (4 minke and 3 humpback whales since 2020). It is not possible
to determine the origin of prior North Atlantic right whale
entanglement cases where no gear was collected or directly observed, or
where the retrieved gear was not marked. Therefore, the lack of
attributed North Atlantic right whale entanglement in particular areas
does not necessarily mean entanglement did not occur there.
For the aforementioned reasons, at this time, NMFS retains the
fishery as defined. As we continue to gather more data on whale
occurrence and entanglements, NMFS will evaluate whether splitting out
the Maine state waters trap/pot fishery from the broader Category I
Northeast/Mid-Atlantic American lobster trap/pot fishery is
appropriate.
Summary of Changes From the Proposed Rule
Based on public comment, NMFS renames the Category III WA/OR Lower
Columbia River (includes tributaries) drift gillnet fishery to the
Category III WA/OR Lower Columbia River (includes tributaries) drift
net fishery.
Summary of Changes to the LOF for 2023
The following summarizes changes to the LOF for 2023, including the
classification of fisheries, fisheries listed, the estimated number of
vessels/persons in a particular fishery, and the species and/or stocks
that are incidentally killed or injured in a particular fishery. NMFS
reclassifies one fishery in the LOF for 2023. NMFS also makes changes
to the estimated number of vessels/persons and list of species and/or
stocks killed or injured in certain fisheries. The classifications and
definitions of U.S. commercial fisheries for 2023 are identical to
those provided in the LOF for 2022, with the changes discussed below.
State and regional abbreviations used in the following paragraphs
include: AK (Alaska), BBES (Barataria Bay Estuarine System), BSAI
(Bering Sea, Aleutian Island), CA (California), FL (Florida), Gulf of
Alaska (GOA), HI (Hawaii), OR (Oregon), and WA (Washington).
Commercial Fisheries in the Pacific Ocean
Classification of Fisheries
NMFS reclassifies the Category III Hawaii offshore pen culture
fishery to Category II fishery.
Fishery Name and Organizational Changes and Clarification
NMFS renames the Category III CA set gillnet (mesh size <3.5 in)
fishery to the CA herring set gillnet fishery.
NMFS renames the Category III CA pelagic longline fishery to the
West Coast pelagic longline fishery.
Number of Vessels/Persons
NMFS updates the estimated number of vessels/persons in the Pacific
Ocean (Table 1) as follows:
Category I
<bullet> HI deep-set longline fishery from 143 to 150 vessels/
persons;
Category II
<bullet> HI shallow-set longline fishery from 11 to 14 vessels/
persons;
<bullet> American Samoa longline fishery from 13 to 18 vessels/
persons;
<bullet> HI shortline fishery from 5 to 11 vessels/persons;
Category III
<bullet> HI inshore gillnet fishery from 29 to 27 vessels/persons;
<bullet> HI lift net fishery from 15 to 14 vessels/persons;
<bullet> HI throw net, cast net fishery from 15 to 16 vessels/
persons;
<bullet> HI seine net fishery from 17 to 16 vessels/persons;
<bullet> American Samoa tuna troll from 13 to 3 vessels/persons;
<bullet> HI troll fishery from 1,380 to 1,293 vessels/persons;
<bullet> HI rod and reel fishery from 237 to 246 vessels/persons;
<bullet> Commonwealth of the Northern Mariana Islands tuna troll
fishery from 40 to 9 vessels/persons;
<bullet> Guam tuna troll fishery from 398 to 465 vessels/persons;
<bullet> HI kaka line fishery from 5 to 6 vessels/persons;
<bullet> HI vertical line fishery from none recorded to 5 vessels/
persons;
<bullet> HI crab trap fishery from 4 to 3 vessels/persons;
<bullet> HI lobster trap fishery from none recorded to less than 3
vessels/persons;
<bullet> HI crab net fishery from none recorded to 3 vessels/
persons;
<bullet> HI kona crab loop net fishery from 20 to 24 vessels/
persons;
<bullet> American Samoa bottomfish handline fishery from 9 to 6
vessels/persons;
<bullet> Commonwealth of the Northern Mariana Islands bottomfish
fishery from 11 to 12 vessels/persons;
<bullet> Guam bottomfish fishery from 67 to 84 vessels/persons;
<bullet> HI bottomfish handline fishery from 385 to 404 vessels/
persons;
<bullet> HI inshore handline fishery from 206 to 192 vessels/
persons;
<bullet> HI pelagic handline fishery from 300 to 311 vessels/
persons;
<bullet> HI bullpen trap fishery from none recorded to less than 3
vessels/persons;
<bullet> HI black coral diving fishery from none recorded to less
than 3 vessels/persons;
<bullet> HI handpick fishery from 25 to 28 vessels/persons;
<bullet> HI lobster diving fishery from 12 to 10 vessels/persons;
<bullet> HI spearfishing fishery from 82 to 79 vessels/persons;
<bullet> CA nearshore finfish trap from 93 to 42 vessels/persons;
and
<bullet> HI aquarium collecting fishery from 34 to 39 vessels/
persons.
List of Species and/or Stocks Incidentally Killed or Injured in the
Pacific Ocean
NMFS corrects an administrative error and adds the HI stock of fin
whale and Guadalupe fur seal to the list of species/stocks incidentally
killed or injured in the Category II HI shallow-set longline fishery.
NMFS adds the CA breeding stock of Northern elephant seal to the
list of species/stocks incidentally killed or injured in the Category
II CA Dungeness crab pot fishery.
NMFS adds the Western U.S. stock of Steller sea lion to the list of
species/stocks incidentally killed or injured in the Category II AK
Gulf of Alaska sablefish longline fishery.
NMFS adds the North Pacific stock of Pacific white-sided dolphin to
the list of species/stocks incidentally killed or injured in the
Category II AK Bering Sea Aleutian Islands pollock trawl fishery.
NMFS removes the Central North Pacific stock of humpback whale from
the list of species/stocks incidentally killed or injured in the
Category I HI deep-set longline fishery.
NMFS removes the unknown stock of short-finned pilot whale from the
list of species/stocks incidentally killed or injured in the Category
II American Samoa longline fishery.
NMFS revises marine mammal stock names on the list of species/
stocks incidentally killed or injured for consistency with the current
stock names in the SARs as follows:
Category II AK Bristol Bay Salmon Drift Gillnet Fishery
<bullet> Spotted seal, AK to spotted seal, Bering;
Category II AK Bristol Bay Salmon Set Gillnet Fishery
<bullet> Harbor seal, Bering Sea to harbor seal, Bristol Bay; and
<bullet> Spotted seal, AK to spotted seal, Bering.
[[Page 16907]]
Following consultation with the U.S. Fish and Wildlife Service,
NMFS also revises marine mammal stock names on the list of species/
stocks incidentally killed or injured for consistency with the current
stock names in the SARs as follows:
Category II CA Halibut/White Seabass and Other Species Set Gillnet
(>3.5 in Mesh) Fishery
<bullet> Sea otter, CA to southern sea otter, CA; Category II AK
Kodiak Salmon Set Gillnet Fishery
<bullet> Sea otter, Southwest AK to northern sea otter, Southwest
AK;
Category II AK Cook Inlet Salmon Set Gillnet Fishery
<bullet> Sea otter, South central AK to northern sea otter, South
Central AK;
<bullet> Category II AK Prince William Sound Salmon Drift Gillnet
Fishery Sea otter, South Central AK to northern sea otter, South
Central AK;
Category II CA Spiny Lobster Fishery
<bullet> Southern sea otter to southern sea otter, CA, and
Category III AK Prince William Sound Salmon Set Gillnet Fishery
<bullet> Sea otter, South central AK to northern sea otter, South
Central AK.
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
List of Species and/or Stocks Incidentally Killed or Injured in the
Atlantic Ocean, Gulf of Mexico, and Caribbean
NMFS adds the MS Sound, Lake Borgne, Bay Boudreau stock of
bottlenose dolphin to the list of species/stocks incidentally killed or
injured in the Category II Gulf of Mexico gillnet fishery.
NMFS adds the Barataria Bay Estuarine System (BBES) stock of
bottlenose dolphin to the list of species/stocks incidentally killed or
injured in the Category II Southeastern U.S. Atlantic, Gulf of Mexico
shrimp trawl fishery.
NMFS adds both the Caloosahatchee River and Waccasassa Bay,
Withlacoochee Bay, Crystal Bay stocks of bottlenose dolphin to the list
of species/stocks incidentally killed or injured in the Category III
Gulf of Mexico blue crab trap/pot fishery.
NMFS adds the Galveston Bay, East Bay, Trinity Bay stock of
bottlenose dolphin to the list of species/stocks incidentally killed or
injured in the Category III U.S. Atlantic, Gulf of Mexico trotline
fishery.
NMFS corrects an administrative error and removes the Northern Gulf
of Mexico coastal stock of bottlenose dolphin from the list of species/
stocks incidentally killed or injured in the Category II Southeastern
U.S. Atlantic, Gulf of Mexico stone crab fishery.
NMFS corrects an administrative error and removes the Eastern Gulf
of Mexico coastal stock of bottlenose dolphin from the list of species/
stocks incidentally killed or injured in the Category III FL West Coast
sardine purse seine fishery.
Commercial Fisheries on the High Seas
Number of Vessels/Persons
NMFS updates the estimated number of HSFCA permits for high seas
fisheries (Table 3) as follows:
Category I
<bullet> Atlantic highly migratory species longline fishery from 39
to 30 HSFCA permits;
<bullet> Western Pacific pelagic (HI deep-set component) longline
fishery from 143 to 150 HSFCA permits;
Category II
<bullet> Pacific highly migratory species drift gillnet fishery
from 5 to 3 HSFCA permits;
<bullet> Atlantic highly migratory species trawl fishery from 1 to
0 HSFCA permits;
<bullet> Western and Central Pacific Ocean tuna purse seine fishery
from 20 to 34 HSFCA permits;
<bullet> Western Pacific pelagic purse seine fishery from 1 to 0
HSFCA permits;
<bullet> South Pacific albacore troll longline fishery from 6 to 8
HSFCA permits;
<bullet> Western Pacific pelagic (HI shallow-set component)
longline fishery from 11 to 14 HSFCA permits;
<bullet> Atlantic highly migratory species handline/pole and line
fishery from 1 to 0 HSFCA permits;
<bullet> Pacific highly migratory species handline/pole and line
fishery from 44 to 45 HSFCA permits;
<bullet> South Pacific albacore troll handline/pole and line
fishery from 9 to 7 HSFCA permits;
<bullet> Western Pacific pelagic handline/pole and line fishery
from 5 to 1 HSFCA permits;
<bullet> South Pacific albacore troll fishery from 20 to 24 HSFCA
permits;
<bullet> Western Pacific pelagic troll fishery from 6 to 7 HSFCA
permits;
Category III
<bullet> Pacific highly migratory species longline fishery from 111
to 127 HSFCA permits;
<bullet> Pacific highly migratory species purse seine fishery from
5 to 2 HSFCA permits;
<bullet> Northwest Atlantic trawl fishery from 4 to 3 HSFCA
permits; and
<bullet> Pacific highly migratory species troll fishery from 107 to
93 HSFCA permits.
List of Species and/or Stocks Incidentally Killed or Injured on the
High Seas
NMFS corrects an administrative error and adds the HI stock of
rough-toothed dolphin to the list of species/stocks incidentally killed
or injured in the Category I Western Pacific Pelagic longline fishery
(HI deep-set component).
NMFS removes the Central North Pacific stock of humpback whale from
the list of species/stocks incidentally killed or injured in the
Category I Western Pacific Pelagic longline fishery (HI deep-set
component).
NMFS removes three stocks from the list of species/stocks
incidentally killed or injured in the Category II Western Pacific
Pelagic longline fishery (HI shallow-set component). The three stocks
are: (1) Ginkgo-toothed beaked whale, (2) CA breeding stock of Northern
elephant seal and (3) CA/OR/WA stock of short-beaked common dolphin.
NMFS removes the unknown stock of humpback whale from the list of
species/stocks incidentally killed or injured in the Category II
Western and Central Pacific Ocean tuna purse seine fishery.
NMFS revises the following marine mammal stock names to ``unknown''
stock on the list of species/stocks incidentally killed or injured in
the Category II Western and Central Pacific Ocean tuna purse seine
fishery based on more recent observer data:
<bullet> Bottlenose dolphin, HI pelagic
<bullet> Bryde's whale, HI
<bullet> False killer whale, HI pelagic
<bullet> Fin whale, HI
<bullet> Long-beaked common dolphin, CA
<bullet> Minke whale, HI
<bullet> Pygmy killer whale, HI
<bullet> Sei whale, HI, and
<bullet> Sperm whale, HI
List of Fisheries
The following tables set forth the list of U.S. commercial
fisheries according to their classification under section 118 of the
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean
(including Alaska), Table 2 lists commercial fisheries in the Atlantic
Ocean, Gulf of Mexico, and Caribbean, Table 3 lists commercial
fisheries on the high seas, and Table 4 lists fisheries affected by
TRPs or TRTs.
In Tables 1 and 2, the estimated number of vessels or persons
participating in fisheries operating within U.S. waters is expressed in
terms
[[Page 16908]]
of the number of active participants in the fishery, when possible. If
this information is not available, the estimated number of vessels or
persons licensed for a particular fishery is provided. If no recent
information is available on the number of participants, vessels, or
persons licensed in a fishery, then the number from the most recent LOF
is used for the estimated number of vessels or persons in the fishery.
NMFS acknowledges that, in some cases, these estimates may be
inflations of actual effort. For example, the State of Hawaii does not
issue fishery-specific licenses, and the number of participants
reported in the LOF represents the number of commercial marine license
holders who reported using a particular fishing gear type/method at
least once in a given year, without considering how many times the gear
was used. For these fisheries, effort by a single participant is
counted the same whether the fisherman used the gear only once or every
day. In the Mid-Atlantic and New England fisheries, the numbers
represent the potential effort for each fishery, given the multiple
gear types for which several state permits may allow. Changes made to
Mid-Atlantic and New England fishery participants will not affect
observer coverage or bycatch estimates, as observer coverage and
bycatch estimates are based on vessel trip reports and landings data.
Tables 1 and 2 serve to provide a description of the fishery's
potential effort (state and Federal). If NMFS is able to gather more
accurate information on the gear types used by state permit holders in
the future, the numbers will be updated to reflect this change. For
additional information on fishing effort in fisheries found on Table 1
or 2, contact the relevant regional office (contact information
included above in the section: Where can I find more information about
the LOF and the MMAP?).
For high seas fisheries, Table 3 lists the number of valid HSFCA
permits currently held. Although this likely overestimates the number
of active participants in many of these fisheries, the number of valid
HSFCA permits is the most reliable data on the potential effort in high
seas fisheries at this time. As noted previously, the number of HSFCA
permits listed in Table 3 for the high seas components of fisheries
that also operate within U.S. waters does not necessarily represent
additional effort that is not accounted for in Tables 1 and 2. Many
vessels holding HSFCA permits also fish within U.S. waters and are
included in the number of vessels and participants operating within
those fisheries in Tables 1 and 2.
Tables 1, 2, and 3 also list the marine mammal species and/or
stocks incidentally killed or injured (seriously or non-seriously) in
each fishery based on SARs, injury determination reports, bycatch
estimation reports, observer data, logbook data, stranding data,
disentanglement network data, fishermen self-reports (i.e., MMAP
reports), and anecdotal reports. The best available scientific
information included in these reports is based on data through 2019.
This list includes all species and/or stocks known to be killed or
injured in a given fishery, but also includes species and/or stocks for
which there are anecdotal records of a mortality or injury.
Additionally, species identified by logbook entries, stranding data, or
fishermen self-reports (i.e., MMAP reports) may not be verified. In
Tables 1 and 2, NMFS has designated those species/stocks driving a
fishery's classification (i.e., the fishery is classified based on
mortalities and serious injuries of a marine mammal stock that are
greater than or equal to 50 percent (Category I), or greater than 1
percent and less than 50 percent (Category II), of a stock's PBR) by a
``1'' after the stock's name.
In Tables 1 and 2, there are several fisheries classified as
Category II that have no recent documented mortalities or serious
injuries of marine mammals, or fisheries that did not result in a
mortality or serious injury rate greater than 1 percent of a stock's
PBR level based on known interactions. NMFS has classified these
fisheries by analogy to other Category I or II fisheries that use
similar fishing techniques or gear that are known to cause mortality or
serious injury of marine mammals, as discussed in the final LOF for
1996 (60 FR 67063; December 28, 1995), and according to factors listed
in the definition of a ``Category II fishery'' in 50 CFR 229.2 (i.e.,
fishing techniques, gear types, methods used to deter marine mammals,
target species, seasons and areas fished, qualitative data from
logbooks or fishermen reports, stranding data, and the species and
distribution of marine mammals in the area). NMFS has designated those
fisheries listed by analogy in Tables 1 and 2 by adding a ``2'' after
the fishery's name.
There are several fisheries in Tables 1, 2, and 3 in which a
portion of the fishing vessels cross the EEZ boundary and therefore
operate both within U.S. waters and on the high seas. These fisheries,
though listed separately on Table 1 or 2 and Table 3, are considered
the same fisheries on either side of the EEZ boundary. NMFS has
designated those fisheries in each table with an asterisk (*) after the
fishery's name.
Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
Marine mammal
species and/or
Fishery description Estimated number stocks
of vessels/persons incidentally
killed or injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
Longline/Set Line Fisheries:
HI deep-set longline * 150............... Bottlenose
[caret]. dolphin, HI
Pelagic.
False killer
whale, HI
Pelagic.\1\
False killer
whale, MHI
Insular.
False killer
whale, NWHI.
Kogia spp. (Pygmy
or dwarf sperm
whale), HI.
Risso's dolphin,
HI.
Rough-toothed
dolphin, HI.
Short-finned pilot
whale, HI.
Striped dolphin,
HI.
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
Gillnet Fisheries:
CA thresher shark/swordfish 21................ Bottlenose
drift gillnet (>=14 in dolphin, CA/OR/WA
mesh) *. offshore.
California sea
lion, U.S.
Dall's porpoise,
CA/OR/WA.
Gray whale,
Eastern North
Pacific.
Humpback whale, CA/
OR/WA.
[[Page 16909]]
Long-beaked common
dolphin, CA.
Minke whale, CA/OR/
WA.\1\
Northern elephant
seal, CA
breeding.
Northern right-
whale dolphin, CA/
OR/WA.
Pacific white-
sided dolphin, CA/
OR/WA.
Risso's dolphin,
CA/OR/WA.
Short-beaked
common dolphin,
CA/OR/WA.
Short-finned pilot
whale, CA/OR/
WA.\1\
Sperm Whale, CA/OR/
WA.\1\
CA halibut/white seabass and 39................ California sea
other species set gillnet lion, U.S.
(>3.5 in mesh). Gray whale,
Eastern North
Pacific.
Harbor seal, CA.
Humpback whale, CA/
OR/WA.\1\
Long-beaked common
dolphin, CA.
Northern elephant
seal, CA
breeding.
Southern sea
otter, CA.
Short-beaked
common dolphin,
CA/OR/WA.
CA yellowtail, barracuda, 20................ California sea
and white seabass drift lion, U.S.
gillnet (mesh size >=3.5 in Long-beaked common
and <14 in) \2\. dolphin, CA.
Short-beaked
common dolphin,
CA/OR/WA.
AK Bristol Bay salmon drift 1,862............. Beluga whale,
gillnet \2\. Bristol Bay.
Gray whale,
Eastern North
Pacific.
Harbor seal,
Bering Sea.
Northern fur seal,
Eastern Pacific.
Pacific white-
sided dolphin,
North Pacific.
Spotted seal,
Bering.
Steller sea lion,
Western U.S.
AK Bristol Bay salmon set 979............... Beluga whale,
gillnet \2\. Bristol Bay.
Gray whale,
Eastern North
Pacific.
Harbor seal,
Bristol Bay.
Northern fur seal,
Eastern Pacific.
Spotted seal,
Bering.
AK Kodiak salmon set gillnet 188............... Harbor porpoise,
GOA.\1\
Harbor seal, GOA.
Humpback whale,
Central North
Pacific.
Humpback whale,
Western North
Pacific.
Northern sea
otter, Southwest
AK.
Steller sea lion,
Western U.S.
AK Cook Inlet salmon set 736............... Beluga whale, Cook
gillnet. Inlet.
Dall's porpoise,
AK.
Harbor porpoise,
GOA.
Harbor seal, Cook
Inlet/Shelikof
Strait.
Humpback whale,
Central North
Pacific.\1\
Northern sea
otter, South
central AK.
Steller sea lion,
Western U.S.
AK Cook Inlet salmon drift 569............... Beluga whale, Cook
gillnet. Inlet.
Dall's porpoise,
AK.
Harbor porpoise,
GOA.\1\
Harbor seal, GOA.
Steller sea lion,
Western U.S.
AK Peninsula/Aleutian 162............... Dall's porpoise,
Islands salmon drift AK.
gillnet \2\. Harbor porpoise,
GOA.
Harbor seal, GOA.
Northern fur seal,
Eastern Pacific.
AK Peninsula/Aleutian 113............... Harbor porpoise,
Islands salmon set gillnet Bering Sea.
\2\. Northern sea
otter, Southwest
AK.
Steller sea lion,
Western U.S.
AK Prince William Sound 537............... Dall's porpoise,
salmon drift gillnet. AK.
Gray whale,
Eastern North
Pacific.
Harbor porpoise,
GOA.\1\
Harbor seal,
Prince William
Sound.
Humpback whale,
Central North
Pacific.
Northern fur seal,
Eastern Pacific.
Pacific white-
sided dolphin,
North Pacific.
Northern sea
otter, South
central AK.
Steller sea lion,
Western U.S.\1\
AK Southeast salmon drift 474............... Dall's porpoise,
gillnet. AK.
Harbor porpoise,
Southeast AK.
Harbor seal,
Southeast AK.
Humpback whale,
Central North
Pacific.\1\
Pacific white-
sided dolphin,
North Pacific.
Steller sea lion,
Eastern U.S.
AK Yakutat salmon set 168............... Gray whale,
gillnet \2\. Eastern North
Pacific.
Harbor Porpoise,
Southeastern AK.
Harbor seal,
Southeast AK.
Humpback whale,
Central North
Pacific
(Southeast AK).
WA Puget Sound Region salmon 136............... Dall's porpoise,
drift gillnet (includes all CA/OR/WA.
inland waters south of US- Harbor porpoise,
Canada border and eastward inland WA.\1\
of the Bonilla-Tatoosh line- Harbor seal, WA
Treaty Indian fishing is inland.
excluded).
[[Page 16910]]
Trawl Fisheries:
AK Bering Sea, Aleutian 32................ Bearded seal,
Islands flatfish trawl. Beringia.
Gray whale,
Eastern North
Pacific.
Harbor porpoise,
Bering Sea.
Harbor seal,
Bristol Bay.
Humpback whale,
Western North
Pacific.\1\
Killer whale,
Eastern North
Pacific Alaska
resident.\1\
Killer whale,
Eastern North
Pacific GOA, AI,
BS transient.\1\
Northern fur seal,
Eastern Pacific.
Ringed seal,
Arctic.
Ribbon seal.
Spotted seal,
Bering.
Steller sea lion,
Western U.S.\1\
Walrus, AK.
AK Bering Sea, Aleutian 102............... Harbor seal,
Islands pollock trawl. Bristol Bay.
Humpback whale,
Central North
Pacific.
Humpback whale,
Western North
Pacific.
Pacific white-
sided dolphin,
North Pacific.
Ribbon seal.
Ringed seal,
Arctic.
Steller sea lion,
Western U.S.\1\
Pot, Ring Net, and Trap
Fisheries:
AK Bering Sea, Aleutian 59................ Harbor seal,
Islands Pacific cod pot. Bristol Bay.
Humpback whale,
Central North
Pacific.
Humpback whale,
Western North
Pacific.
CA coonstripe shrimp pot.... 9................. Gray whale,
Eastern North
Pacific.
Harbor seal, CA.
Humpback whale, CA/
OR/WA.\1\
CA spiny lobster............ 189............... Bottlenose
dolphin, CA/OR/WA
offshore.
California sea
lion, U.S.
Humpback whale, CA/
OR/WA.\1\
Gray whale,
Eastern North
Pacific.
Southern sea
otter, CA.
CA spot prawn pot........... 22................ Gray whale,
Eastern North
Pacific.
Humpback whale, CA/
OR/WA.\1\
Long-beaked common
dolphin, CA.
CA Dungeness crab pot....... 471............... Blue whale,
Eastern North
Pacific.\1\
Gray whale,
Eastern North
Pacific.
Humpback whale, CA/
OR/WA.\1\
Killer whale,
Eastern North
Pacific GOA, BSAI
transient.
Killer whale, West
Coast transient.
Northern elephant
seal, CA
breeding.
OR Dungeness crab pot....... 323............... Gray whale,
Eastern North
Pacific.
Humpback whale, CA/
OR/WA.\1\
WA/OR/CA sablefish pot...... 144............... Humpback whale, CA/
OR/WA.\1\
WA coastal Dungeness crab 204............... Gray whale,
pot. Eastern North
Pacific.
Humpback whale, CA/
OR/WA.\1\
Longline/Set Line Fisheries:
AK Gulf of Alaska sablefish 295............... Northern elephant
longline. seal, California.
Sperm whale, North
Pacific.
Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
HI shallow-set longline * 14................ Bottlenose
[caret]. dolphin, HI
Pelagic.
False killer
whale, HI
Pelagic.\1\
Fin whale, HI.
Guadalupe fur
seal.
Humpback whale,
Central North
Pacific.
Risso's dolphin,
HI.
Striped dolphin,
HI.
American Samoa longline \2\. 18................ False killer
whale, American
Samoa.
Rough-toothed
dolphin, American
Samoa.
Striped dolphin,
unknown.
HI shortline \2\............ 11................ None documented.
Marine Aquaculture Fisheries:
HI offshore pen culture..... 1................. Hawaiian monk
seal.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
Gillnet Fisheries:
AK Kuskokwim, Yukon, Norton 1,778............. Harbor porpoise,
Sound, Kotzebue salmon Bering Sea.
gillnet.
AK Prince William Sound 29................ Harbor seal, GOA.
salmon set gillnet. Northern sea
otter, South
central AK.
Steller sea lion,
Western U.S.
AK roe herring and food/bait 920............... None documented.
herring gillnet.
CA herring set gillnet...... 11................ None documented.
HI inshore gillnet.......... 27................ Bottlenose
dolphin, HI.
Spinner dolphin,
HI.
WA Grays Harbor salmon drift 19................ Harbor seal, OR/WA
gillnet (excluding treaty coast.
Tribal fishing).
WA/OR Mainstem Columbia 10................ None documented.
River eulachon gillnet.
[[Page 16911]]
WA/OR lower Columbia River 244............... California sea
(includes tributaries) lion, U.S.
drift net. Harbor seal, OR/WA
coast.
WA Willapa Bay drift gillnet 57................ Harbor seal, OR/WA
coast.
Northern elephant
seal, CA
breeding.
Miscellaneous Net Fisheries:
AK Cook Inlet salmon purse 83................ Humpback whale,
seine. Central North
Pacific.
AK Kodiak salmon purse seine 376............... Dall's porpoise,
AK.
Harbor seal, North
Kodiak.
Humpback whale,
Central North
Pacific.
Humpback whale,
Western North
Pacific.
Steller sea lion,
Western U.S.
AK Southeast salmon purse 315............... Humpback whale,
seine. Central North
Pacific.
AK roe herring and food/bait 10................ None documented.
herring beach seine.
AK roe herring and food/bait 356............... None documented.
herring purse seine.
AK salmon beach seine....... 31................ None documented.
AK salmon purse seine 936............... Harbor seal, GOA.
(Prince William Sound, Harbor seal,
Chignik, Alaska Peninsula). Prince William
Sound.
WA/OR sardine purse seine... 6................. None documented.
CA anchovy, mackerel, 53................ California sea
sardine purse seine. lion, U.S.
Harbor seal, CA.
CA squid purse seine........ 68................ California sea
lion, U.S.
Long-beaked common
dolphin, CA.
Risso's dolphin,
CA/OR/WA.
Short-beaked
common dolphin,
CA/OR/WA.
CA tuna purse seine *....... 14................ None documented.
WA/OR Lower Columbia River 1................. None documented.
salmon seine.
WA/OR herring, anchovy, 41................ None documented.
smelt, squid purse seine or
lampara.
WA salmon seine............. 81................ None documented.
WA salmon reef net.......... 11................ None documented.
HI lift net................. 14................ None documented.
HI inshore purse seine...... None recorded..... None documented.
HI throw net, cast net...... 16................ None documented.
HI seine net................ 16................ None documented.
Dip Net Fisheries:
CA squid dip net............ 19................ None documented.
Marine Aquaculture Fisheries:
CA marine shellfish unknown........... None documented.
aquaculture.
CA salmon enhancement >1................ None documented.
rearing pen.
CA white seabass enhancement 13................ California sea
net pens. lion, U.S.
WA salmon net pens.......... 14................ California sea
lion, U.S.
Harbor seal, WA
inland waters.
WA/OR shellfish aquaculture. 23................ None documented.
Troll Fisheries:
WA/OR/CA albacore surface 556............... None documented.
hook and line/troll.
CA halibut, white seabass, 388............... None documented.
and yellowtail hook and
line/handline.
CA/OR/WA non-albacore HMS 124............... None documented.
hook and line.
AK Bering Sea, Aleutian unknown........... None documented.
Islands groundfish hand
troll and dinglebar troll.
AK Gulf of Alaska groundfish unknown........... None documented.
hand troll and dinglebar
troll.
AK salmon troll............. 1,908............. Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
American Samoa tuna troll... 3................. None documented.
CA/OR/WA salmon troll....... 1,030............. None documented.
HI troll.................... 1,293............. Pantropical
spotted dolphin,
HI.
HI rod and reel............. 246............... None documented.
Commonwealth of the Northern 9................. None documented.
Mariana Islands tuna troll.
Guam tuna troll............. 465............... None documented.
Longline/Set Line Fisheries:
AK Bering Sea, Aleutian 4................. Killer whale, GOA,
Islands Greenland turbot AI, BS transient.
longline.
AK Bering Sea, Aleutian 45................ Northern fur seal,
Islands Pacific cod Eastern Pacific.
longline. Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 22................ None documented.
Islands sablefish longline.
AK Bering Sea, Aleutian 127............... Northern fur seal,
Islands halibut longline. Eastern Pacific.
Sperm whale, North
Pacific.
AK Gulf of Alaska halibut 855............... Harbor seal,
longline. Clarence Strait.
Harbor seal, Cook
Inlet.
Steller sea lion,
Eastern U.S.
AK Gulf of Alaska Pacific 92................ Harbor seal, Cook
cod longline. Inlet/Shelikof
Strait.
Steller sea lion,
Western U.S.
AK octopus/squid longline... 3................. None documented.
AK state-managed waters 464............... None documented.
longline/setline (including
sablefish, rockfish,
lingcod, and miscellaneous
finfish).
WA/OR/CA groundfish, 314............... Bottlenose
bottomfish longline/set dolphin, CA/OR/WA
line. offshore.
California sea
lion, U.S.
Northern elephant
seal, California
breeding.
Sperm whale, CA/OR/
WA.
Steller sea lion,
Eastern U.S.
WA/OR/CA Pacific halibut 130............... None documented.
longline.
West Coast pelagic longline. 4................. None documented in
the most recent 5
years of data.
HI kaka line................ 6................. None documented.
[[Page 16912]]
HI vertical line............ 5................. None documented.
Trawl Fisheries:
AK Bering Sea, Aleutian 13................ Harbor seal,
Islands Atka mackerel trawl. Aleutian Islands.
Northern elephant
seal, California.
Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 72................ Bearded seal, AK.
Islands Pacific cod trawl. Ribbon seal.
Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 17................ Harbor seal,
Islands rockfish trawl. Aleutian Islands.
Ribbon seal.
AK Gulf of Alaska flatfish 36................ Harbor seal, Cook
trawl. Inlet/Shelikof
Strait.
Harbor seal, North
Kodiak.
Harbor seal, South
Kodiak.
Steller sea lion,
Western U.S.
AK Gulf of Alaska Pacific 55................ Steller sea lion,
cod trawl. Western U.S.
Alaska pollock trawl........ 67................ Steller sea lion,
Western U.S.
AK Gulf of Alaska rockfish 43................ Steller sea lion,
trawl. Western U.S.
AK Kodiak food/bait herring 4................. None documented.
otter trawl.
AK shrimp otter trawl and 38................ None documented.
beam trawl.
AK state-managed waters of 2................. None documented.
Prince William Sound
groundfish trawl.
CA halibut bottom trawl..... 23................ California sea
lion, U.S.
Harbor porpoise,
unknown.
Harbor seal,
unknown.
Northern elephant
seal, CA
breeding.
Steller sea lion,
unknown.
CA sea cucumber trawl....... 11................ None documented.
WA/OR/CA shrimp trawl....... 130............... California sea
lion, U.S.
WA/OR/CA groundfish trawl... 118............... California sea
lion, U.S.
Dall's porpoise,
CA/OR/WA.
Harbor seal, OR/WA
coast.
Northern elephant
seal, CA
breeding.
Northern fur seal,
Eastern Pacific.
Northern right
whale dolphin, CA/
OR/WA.
Pacific white-
sided dolphin, CA/
OR/WA.
Steller sea lion,
Eastern U.S.
Pot, Ring Net, and Trap
Fisheries:
AK Bering Sea, Aleutian 6................. Sperm whale, North
Islands sablefish pot. Pacific.
AK Bering Sea, Aleutian 540............... Bowhead whale,
Islands crab pot. Western Arctic.
Gray whale,
Eastern North
Pacific.
AK Gulf of Alaska crab pot.. 271............... None documented.
AK Gulf of Alaska Pacific 116............... None documented in
cod pot. most recent 5
years of data.
AK Gulf of Alaska sablefish 248............... None documented.
pot.
AK Southeast Alaska crab pot 375............... Humpback whale,
Central North
Pacific
(Southeast AK).
AK Southeast Alaska shrimp 99................ Humpback whale,
pot. Central North
Pacific
(Southeast AK).
AK shrimp pot, except 141............... None documented.
Southeast.
AK octopus/squid pot........ 15................ None documented.
CA rock crab pot............ 113............... Gray whale,
Eastern North
Pacific.
Harbor seal, CA.
CA Tanner crab pot fishery.. 1................. None documented.
WA/OR/CA hagfish pot........ 63................ None documented.
WA/OR shrimp pot/trap....... 28................ None documented.
WA Puget Sound Dungeness 145............... None documented.
crab pot/trap.
HI crab trap................ 3................. Humpback whale,
Central North
Pacific.
HI fish trap................ 4................. None documented.
HI lobster trap............. Less than 3....... None documented in
recent years.
HI shrimp trap.............. 3................. None documented.
HI crab net................. 3................. None documented.
HI Kona crab loop net....... 24................ None documented.
Hook and Line, Handline, and Jig
Fisheries:
AK Bering Sea, Aleutian 2................. None documented.
Islands groundfish jig.
AK Gulf of Alaska groundfish 214............... None documented in
jig. most recent 5
years of data.
AK halibut jig.............. 71................ None documented.
American Samoa bottomfish... 6................. None documented.
Commonwealth of the Northern 12................ None documented.
Mariana Islands bottomfish.
Guam bottomfish............. 84................ None documented.
HI aku boat, pole, and line. None recorded..... None documented.
HI bottomfish handline...... 404............... None documented in
recent years.
HI inshore handline......... 192............... None documented.
HI pelagic handline......... 311............... None documented.
WA/OR/CA groundfish/finfish 689............... California sea
hook and line. lion, U.S.
Western Pacific squid jig... 0................. None documented.
Harpoon Fisheries:
CA swordfish harpoon........ 21................ None documented.
Pound Net/Weir Fisheries:
AK herring spawn on kelp 291............... None documented.
pound net.
AK Southeast herring roe/ 2................. None documented.
food/bait pound net.
HI bullpen trap............. Less than 3....... None documented.
Bait Pens:
WA/OR/CA bait pens.......... 13................ California sea
lion, U.S.
[[Page 16913]]
Dredge Fisheries:
AK scallop dredge........... 108 (5 AK)........ None documented.
Dive, Hand/Mechanical Collection
Fisheries:
AK clam..................... 130............... None documented.
AK Dungeness crab........... 2................. None documented.
AK herring spawn on kelp.... 266............... None documented.
AK miscellaneous 214............... None documented.
invertebrates handpick.
CA/OR/WA dive collection.... 186............... None documented.
CA/WA kelp, seaweed and 4................. None documented.
algae.
HI black coral diving....... Less than 3....... None documented.
HI fish pond................ None recorded..... None documented.
HI handpick................. 28................ None documented.
HI lobster diving........... 10................ None documented.
HI spearfishing............. 79................ None documented.
WA/OR/CA hand/mechanical 320............... None documented.
collection.
Commercial Passenger Fishing
Vessel (Charter Boat)
Fisheries:
AK/WA/OR/CA commercial >7,000 (1,006 AK). Humpback whale,
passenger fishing vessel. Central North
Pacific.
Humpback whale,
Western North
Pacific.
Killer whale,
unknown.
Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
Live Finfish/Shellfish
Fisheries:
CA nearshore finfish trap... 42................ None documented.
HI aquarium collecting...... 39................ None documented.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1:
AI--Aleutian Islands; AK--Alaska; BS--Bering Sea; CA--California; ENP--
Eastern North Pacific; GOA--Gulf of Alaska; HI--Hawaii; MHI--Main
Hawaiian Islands; OR--Oregon; WA--Washington;
\1\ Fishery classified based on mortalities and serious injuries of this
stock, which are greater than or equal to 50 percent (Category I) or
greater than 1 percent and less than 50 percent (Category II) of the
stock's PBR;
\2\ Fishery classified by analogy;
* Fishery has an associated high seas component listed in Table 3; and
[supcaret] The list of marine mammal species and/or stocks killed or
injured in this fishery is identical to the list of species and/or
stocks killed or injured in high seas component of the fishery, minus
species and/or stocks that have geographic ranges exclusively on the
high seas. The species and/or stocks are found, and the fishery
remains the same, on both sides of the EEZ boundary. Therefore, the
EEZ components of these fisheries pose the same risk to marine mammals
as the components operating on the high seas.
Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
Marine mammal
species and/or
Fishery description Estimated number stocks
of vessels/persons incidentally
killed or injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
Gillnet Fisheries:
Mid-Atlantic gillnet........ 4,020............. Bottlenose
dolphin, Northern
Migratory
coastal.
Bottlenose
dolphin, Southern
Migratory
coastal.\1\
Bottlenose
dolphin, Northern
NC estuarine
system.\1\
Bottlenose
dolphin, Southern
NC estuarine
system.\1\
Bottlenose
dolphin, WNA
offshore.
Common dolphin,
WNA.
Gray seal, WNA.
Harbor porpoise,
GME/BF.
Harbor seal, WNA.
Hooded seal, WNA.
Humpback whale,
Gulf of Maine.
Minke whale,
Canadian east
coast.
Northeast sink gillnet...... 4,072............. Bottlenose
dolphin, Northern
Migratory
coastal.
Bottlenose
dolphin, WNA
offshore.
Common dolphin,
WNA.
Fin whale, WNA.
Gray seal, WNA.\1\
Harbor porpoise,
GME/BF.
Harbor seal, WNA.
Harp seal, WNA.
Humpback whale,
Gulf of Maine.
Minke whale,
Canadian east
coast.
North Atlantic
right whale, WNA.
Risso's dolphin,
WNA.
White-sided
dolphin, WNA.
Trap/Pot Fisheries:
Northeast/Mid-Atlantic 8,485............. Humpback whale,
American lobster trap/pot. Gulf of Maine.
Minke whale,
Canadian east
coast.
North Atlantic
right whale,
WNA.\1\
Longline Fisheries:
Atlantic Ocean, Caribbean, 201............... Atlantic spotted
Gulf of Mexico large dolphin, Northern
pelagics longline *. GMX.
Bottlenose
dolphin, Northern
GMX oceanic.
Bottlenose
dolphin, WNA
offshore.
Common dolphin,
WNA.
Cuvier's beaked
whale, WNA.
[[Page 16914]]
False killer
whale, WNA.
Harbor porpoise,
GME, BF.
Kogia spp. (Pygmy
or dwarf sperm
whale), WNA.
Long-finned pilot
whale, WNA.
Mesoplodon beaked
whale, WNA.
Minke whale,
Canadian East
coast.
Pantropical
spotted dolphin,
Northern GMX.
Pygmy sperm whale,
GMX.
Risso's dolphin,
Northern GMX.
Risso's dolphin,
WNA.
Rough-toothed
dolphin, Northern
GMX.
Short-finned pilot
whale, Northern
GMX.
Short-finned pilot
whale, WNA.\1\
Sperm whale,
Northern GMX.
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
Gillnet Fisheries:
Chesapeake Bay inshore 265............... Bottlenose
gillnet \2\. dolphin, unknown
(Northern
migratory coastal
or Southern
migratory
coastal).
Gulf of Mexico gillnet \2\.. 248............... Bottlenose
dolphin, Eastern
GMX coastal.
Bottlenose
dolphin, GMX bay,
sound, and
estuarine.
Bottlenose
dolphin, Mobile
Bay, Bonsecour
Bay.
Bottlenose
dolphin, MS
Sound, Lake
Borgne, Bay
Boudreau.
Bottlenose
dolphin, Northern
GMX coastal.
Bottlenose
dolphin, Western
GMX coastal.
NC inshore gillnet.......... 2,676............. Bottlenose
dolphin, Northern
NC estuarine
system.\1\
Bottlenose
dolphin, Southern
NC estuarine
system.\1\
Northeast anchored float 852............... Harbor seal, WNA.
gillnet \2\. Humpback whale,
Gulf of Maine.
White-sided
dolphin, WNA.
Northeast drift gillnet \2\. 1,036............. None documented.
Southeast Atlantic gillnet 273............... Bottlenose
\2\. dolphin, Central
FL coastal.
Bottlenose
dolphin, Northern
FL coastal.
Bottlenose
dolphin, SC/GA
coastal.
Bottlenose
dolphin, Southern
migratory
coastal.
Southeastern U.S. Atlantic 21................ Bottlenose
shark gillnet. dolphin, unknown
(Central FL,
Northern FL, SC/
GA coastal, or
Southern
migratory
coastal).
North Atlantic
right whale, WNA.
Trawl Fisheries:
Mid-Atlantic mid-water trawl 320............... Bottlenose
(including pair trawl). dolphin, WNA
offshore.
Harbor seal, WNA.
Mid-Atlantic bottom trawl... 633............... Bottlenose
dolphin, WNA
offshore.\1\
Common dolphin,
WNA.\1\
Gray seal, WNA.\1\
Harbor seal, WNA.
Risso's dolphin,
WNA.\1\
White-sided
dolphin, WNA.
Northeast mid-water trawl 542............... Common dolphin,
(including pair trawl). WNA.
Gray seal, WNA.
Harbor seal, WNA.
Long-finned pilot
whale, WNA.\1\
Northeast bottom trawl...... 968............... Bottlenose
dolphin, WNA
offshore.\1\
Common dolphin,
WNA.
Gray seal, WNA.\1\
Harbor porpoise,
GME/BF.
Harbor seal, WNA.
Harp seal, WNA.
Long-finned pilot
whale, WNA.\1\
Risso's dolphin,
WNA.\1\
White-sided
dolphin, WNA.\1\
Southeastern U.S. Atlantic, 10,824............ Atlantic spotted
Gulf of Mexico shrimp trawl. dolphin, Northern
Gulf of Mexico.
Bottlenose
dolphin,
Barataria Bay
Estuarine System.
Bottlenose
dolphin,
Charleston
estuarine system.
Bottlenose
dolphin, Eastern
GMX coastal.\1\
Bottlenose
dolphin, GMX bay,
sound,
estuarine.\1\
Bottlenose
dolphin, GMX
continental
shelf.
Bottlenose
dolphin,
Mississippi River
Delta.
Bottlenose
dolphin, Mobile
Bay, Bonsecour
Bay.
Bottlenose
dolphin, Northern
GMX coastal.\1\
Bottlenose
dolphin,
Pensacola Bay,
East Bay.
Bottlenose
dolphin, Perdido
Bay.
Bottlenose
dolphin, SC/GA
coastal.\1\
Bottlenose
dolphin, Southern
migratory
coastal.
Bottlenose
dolphin, Western
GMX coastal.\1\
Trap/Pot Fisheries:
MA mixed species trap/pot... 1,240............. None documented.
[[Page 16915]]
Southeastern U.S. Atlantic, 1,101............. Bottlenose
Gulf of Mexico stone crab dolphin, Biscayne
trap/pot \2\. Bay estuarine.
Bottlenose
dolphin, Central
FL coastal.
Bottlenose
dolphin, Eastern
GMX coastal.
Bottlenose
dolphin, FL Bay.
Bottlenose
dolphin, GMX bay,
sound, estuarine
(FL west coast
portion).
Bottlenose
dolphin, Indian
River Lagoon
estuarine system.
Bottlenose
dolphin,
Jacksonville
estuarine system.
Bottlenose
dolphin, Sarasota
Bay, Little
Sarasota Bay.
Atlantic mixed species trap/ 3,493............. Fin whale, WNA.
pot \2\. Humpback whale,
Gulf of Maine.
Atlantic blue crab trap/pot. 6,679............. Bottlenose
dolphin, Central
FL coastal.
Bottlenose
dolphin, Central
GA estuarine
system.\1\
Bottlenose
dolphin,
Charleston
estuarine
system.\1\
Bottlenose
dolphin, Indian
River Lagoon
estuarine system.
Bottlenose
dolphin,
Jacksonville
estuarine system.
Bottlenose
dolphin, Northern
FL coastal.\1\
Bottlenose
dolphin, Northern
GA/Southern SC
estuarine system.
Bottlenose
dolphin, Northern
Migratory
coastal.
Bottlenose
dolphin, Northern
NC estuarine
system.\1\
Bottlenose
dolphin, Northern
SC estuarine
system.
Bottlenose
dolphin, SC/GA
coastal.
Bottlenose
dolphin, Southern
GA estuarine
system.
Bottlenose
dolphin, Southern
Migratory
coastal.\1\
Bottlenose
dolphin, Southern
NC estuarine
system.
West Indian
manatee, FL.
Purse Seine Fisheries:
Gulf of Mexico menhaden 40-42............. Bottlenose
purse seine. dolphin, GMX bay,
sound, estuarine.
Bottlenose
dolphin,
Mississippi River
Delta.
Bottlenose
dolphin,
Mississippi
Sound, Lake
Borgne, Bay
Boudreau.
Bottlenose
dolphin, Northern
GMX coastal.\1\
Bottlenose
dolphin, Western
GMX coastal.\1\
Mid-Atlantic menhaden purse 17................ Bottlenose
seine\2\. dolphin, Northern
Migratory
coastal.
Bottlenose
dolphin, Southern
Migratory
coastal.
Haul/Beach Seine Fisheries:
Mid-Atlantic haul/beach 359............... Bottlenose
seine. dolphin, Northern
Migratory
coastal.\1\
Bottlenose
dolphin, Northern
NC estuarine
system.\1\
Bottlenose
dolphin, Southern
Migratory
coastal.\1\
NC long haul seine.......... 22................ Bottlenose
dolphin, Northern
NC estuarine
system.\1\
Bottlenose
dolphin, Southern
NC estuarine
system.
Stop Net Fisheries:
NC roe mullet stop net...... 1................. Bottlenose
dolphin, Northern
NC estuarine
system.
Bottlenose
dolphin, unknown
(Southern
migratory coastal
or Southern NC
estuarine
system).
Pound Net Fisheries:
VA pound net................ 20................ Bottlenose
dolphin, Northern
migratory
coastal.
Bottlenose
dolphin, Northern
NC estuarine
system.
Bottlenose
dolphin, Southern
Migratory
coastal.\1\
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
Gillnet Fisheries:
Caribbean gillnet........... 127............... None documented in
the most recent 5
years of data.
DE River inshore gillnet.... unknown........... None documented in
the most recent 5
years of data.
Long Island Sound inshore unknown........... None documented in
gillnet. the most recent 5
years of data.
RI, southern MA (to Monomoy unknown........... None documented in
Island), and NY Bight the most recent 5
(Raritan and Lower NY Bays) years of data.
inshore gillnet.
Southeast Atlantic inshore unknown........... Bottlenose
gillnet. dolphin, Northern
SC estuarine
system.
Trawl Fisheries:
Atlantic shellfish bottom >58............... None documented.
trawl.
Gulf of Mexico butterfish 2................. Bottlenose
trawl. dolphin, Northern
GMX oceanic.
Bottlenose
dolphin, Northern
GMX continental
shelf.
Gulf of Mexico mixed species 20................ None documented.
trawl.
GA cannonball jellyfish 1................. Bottlenose
trawl. dolphin, SC/GA
coastal.
Marine Aquaculture Fisheries:
Finfish aquaculture......... 48................ Harbor seal, WNA.
Shellfish aquaculture....... unknown........... None documented.
Purse Seine Fisheries:
Gulf of Maine Atlantic >7................ Harbor seal, WNA.
herring purse seine.
Gulf of Maine menhaden purse >2................ None documented.
seine.
FL West Coast sardine purse 10................ None documented.
seine.
U.S. Atlantic tuna purse 5................. None documented in
seine *. most recent 5
years of data.
Longline/Hook and Line
Fisheries:
Northeast/Mid-Atlantic >1,207............ None documented.
bottom longline/hook-and-
line.
Gulf of Maine, U.S. Mid- 2,846............. Humpback whale,
Atlantic tuna, shark, Gulf of Maine.
swordfish hook-and-line/
harpoon.
Southeastern U.S. Atlantic, >5,000............ Bottlenose
Gulf of Mexico, and dolphin, GMX
Caribbean snapper-grouper continental
and other reef fish bottom shelf.
longline/hook-and-line.
[[Page 16916]]
Southeastern U.S. Atlantic, 39................ Bottlenose
Gulf of Mexico shark bottom dolphin, Eastern
longline/hook-and-line. GMX coastal.
Bottlenose
dolphin, Northern
GMX continental
shelf.
Southeastern U.S. Atlantic, 680............... None documented.
Gulf of Mexico, and
Caribbean pelagic hook-and-
line/harpoon.
U.S. Atlantic, Gulf of unknown........... Bottlenose
Mexico trotline. dolphin,
Galveston Bay,
East Bay, Trinity
Bay.
Trap/Pot Fisheries:
Caribbean mixed species trap/ 154............... Bottlenose
pot. dolphin, Puerto
Rico and United
States Virgin
Islands.
Caribbean spiny lobster trap/ 40................ None documented.
pot.
FL spiny lobster trap/pot... 1,268............. Bottlenose
dolphin, Biscayne
Bay estuarine.
Bottlenose
dolphin, Central
FL coastal.
Bottlenose
dolphin, Eastern
GMX coastal.
Bottlenose
dolphin, FL Bay
estuarine.
Bottlenose
dolphin, FL Keys.
Gulf of Mexico blue crab 4,113............. Bottlenose
trap/pot. dolphin,
Barataria Bay.
Bottlenose
dolphin,
Caloosahatchee
River.
Bottlenose
dolphin, Eastern
GMX coastal.
Bottlenose
dolphin, GMX bay,
sound, estuarine.
Bottlenose
dolphin,
Mississippi
Sound, Lake
Borgne, Bay
Boudreau.
Bottlenose
dolphin, Mobile
Bay, Bonsecour
Bay.
Bottlenose
dolphin, Northern
GMX coastal.
Bottlenose
dolphin,
Waccasassa Bay,
Withlacoochee
Bay, Crystal Bay.
Bottlenose
dolphin, Western
GMX coastal.
West Indian
manatee, FL.
Gulf of Mexico mixed species unknown........... None documented.
trap/pot.
Southeastern U.S. Atlantic, 10................ None documented.
Gulf of Mexico golden crab
trap/pot.
U.S. Mid-Atlantic eel trap/ unknown........... None documented.
pot.
Stop Seine/Weir/Pound Net/
Floating Trap/Fyke Net
Fisheries:
Gulf of Maine herring and >1................ Harbor porpoise,
Atlantic mackerel stop GME/BF.
seine/weir. Harbor seal, WNA.
Minke whale,
Canadian east
coast.
Atlantic white-
sided dolphin,
WNA.
U.S. Mid-Atlantic crab stop 2,600............. None documented.
seine/weir.
U.S. Mid-Atlantic mixed unknown........... Bottlenose
species stop seine/weir/ dolphin, Northern
pound net (except the NC NC estuarine
roe mullet stop net). system.
RI floating trap............ 9................. None documented.
Northeast and Mid-Atlantic unknown........... None documented.
fyke net.
Dredge Fisheries:
Gulf of Maine sea urchin unknown........... None documented.
dredge.
Gulf of Maine mussel dredge. unknown........... None documented.
Gulf of Maine, U.S. Mid- >403.............. None documented.
Atlantic sea scallop dredge.
Mid-Atlantic blue crab unknown........... None documented.
dredge.
Mid-Atlantic soft-shell clam unknown........... None documented.
dredge.
Mid-Atlantic whelk dredge... unknown........... None documented.
U.S. Mid-Atlantic/Gulf of 7,000............. None documented.
Mexico oyster dredge.
New England and Mid-Atlantic unknown........... None documented.
offshore surf clam/quahog
dredge.
Haul/Beach Seine Fisheries:
Caribbean haul/beach seine.. 38................ West Indian
manatee, Puerto
Rico.
Gulf of Mexico haul/beach unknown........... None documented.
seine.
Southeastern U.S. Atlantic 25................ None documented.
haul/beach seine.
Dive, Hand/Mechanical Collection
Fisheries:
Atlantic Ocean, Gulf of 20,000............ None documented.
Mexico, Caribbean shellfish
dive, hand/mechanical
collection.
Gulf of Maine urchin dive, unknown........... None documented.
hand/mechanical collection.
Gulf of Mexico, Southeast unknown........... None documented.
Atlantic, Mid-Atlantic, and
Caribbean cast net.
Commercial Passenger Fishing
Vessel (Charter Boat)
Fisheries:
Atlantic Ocean, Gulf of 4,000............. Bottlenose
Mexico, Caribbean dolphin,
commercial passenger Barataria Bay
fishing vessel. estuarine system.
Bottlenose
dolphin, Biscayne
Bay estuarine.
Bottlenose
dolphin, Central
FL coastal.
Bottlenose
dolphin,
Choctawhatchee
Bay.
Bottlenose
dolphin, Eastern
GMX coastal.
Bottlenose
dolphin, FL Bay.
Bottlenose
dolphin, GMX bay,
sound, estuarine.
Bottlenose
dolphin, Indian
River Lagoon
estuarine system.
Bottlenose
dolphin,
Jacksonville
estuarine system.
Bottlenose
dolphin,
Mississippi
Sound, Lake
Borgne, Bay
Boudreau.
Bottlenose
dolphin, Northern
FL coastal.
Bottlenose
dolphin, Northern
GA/Southern SC
estuarine.
Bottlenose
dolphin, Northern
GMX coastal.
Bottlenose
dolphin, Northern
migratory
coastal.
Bottlenose
dolphin, Northern
NC estuarine.
Bottlenose
dolphin, Southern
migratory
coastal.
Bottlenose
dolphin, Southern
NC estuarine
system.
Bottlenose
dolphin, SC/GA
coastal.
Bottlenose
dolphin, Western
GMX coastal.
Short-finned pilot
whale, WNA.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2:
[[Page 16917]]
DE--Delaware; FL--Florida; GA--Georgia; GME/BF--Gulf of Maine/Bay of
Fundy; GMX--Gulf of Mexico; MA--Massachusetts; NC--North Carolina; NY--
New York; RI--Rhode Island; SC- South Carolina; VA--Virginia; WNA--
Western North Atlantic;
\1\ Fishery classified based on mortalities and serious injuries of this
stock, which are greater than or equal to 50 percent (Category I) or
greater than 1 percent and less than 50 percent (Category II) of the
stock's PBR;
\2\ Fishery classified by analogy; and
* Fishery has an associated high seas component listed in Table 3.
Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
Marine mammal
Number of species and/or
Fishery description HSFCA permits stocks incidentally
killed or injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
Longline Fisheries:
Atlantic Highly Migratory 30 Atlantic spotted
Species *. dolphin, WNA.
Bottlenose dolphin,
Northern GMX
oceanic.
Bottlenose dolphin,
WNA offshore.
Common dolphin, WNA.
Cuvier's beaked
whale, WNA.
False killer whale,
WNA.
Killer whale, GMX
oceanic.
Kogia spp. whale
(Pygmy or dwarf
sperm whale), WNA.
Long-finned pilot
whale, WNA.
Mesoplodon beaked
whale, WNA.
Minke whale,
Canadian East
coast.
Pantropical spotted
dolphin, WNA.
Risso's dolphin,
GMX.
Risso's dolphin,
WNA.
Short-finned pilot
whale, WNA.
Western Pacific Pelagic (HI 150 Bottlenose dolphin,
Deep-set component) * HI Pelagic.
[supcaret]. False killer whale,
HI Pelagic.
Kogia spp. (Pygmy or
dwarf sperm whale),
HI.
Risso's dolphin, HI.
Rough-toothed
dolphin, HI.
Short-finned pilot
whale, HI.
Striped dolphin, HI.
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
Drift Gillnet Fisheries:
Pacific Highly Migratory 3 Long-beaked common
Species * [supcaret]. dolphin, CA.
Humpback whale, CA/
OR/WA.
Northern right-whale
dolphin, CA/OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Risso's dolphin, CA/
OR/WA.
Short-beaked common
dolphin, CA/OR/WA.
Trawl Fisheries:
Atlantic Highly Migratory 0 No information.
Species **.
CCAMLR........................ 0 Antarctic fur seal.
Purse Seine Fisheries:
Western and Central Pacific 34 Bottlenose dolphin,
Ocean Tuna Purse Seine. unknown.
Blue whale, unknown.
Bryde's whale,
unknown.
False killer whale,
unknown.
Fin whale, unknown.
Indo-Pacific
dolphin.
Long-beaked common
dolphin, unknown.
Melon-headed whale,
unknown.
Minke whale,
unknown.
Pantropical spotted
dolphin, unknown.
Pygmy killer whale,
unknown.
Risso's dolphin,
unknown.
Rough-toothed
dolphin, unknown.
Sei whale, unknown.
Short-finned pilot
whale, unknown.
Sperm whale,
unknown.
Spinner dolphin,
unknown.
Western Pacific Pelagic....... 0 No information.
Longline Fisheries:
CCAMLR........................ 0 None documented.
South Pacific Albacore Troll.. 8 No information.
Western Pacific Pelagic (HI 14 Bottlenose dolphin,
Shallow-set component) * HI Pelagic.
[supcaret]. False killer whale,
HI Pelagic.
Fin whale, HI.
Guadalupe fur seal.
Humpback whale,
Central North
Pacific.
Risso's dolphin, HI.
Striped dolphin, HI.
Handline/Pole and Line Fisheries:
Atlantic Highly Migratory 0 No information.
Species.
Pacific Highly Migratory 45 No information.
Species.
South Pacific Albacore Troll.. 7 No information.
Western Pacific Pelagic....... 1 No information.
Troll Fisheries:
[[Page 16918]]
Atlantic Highly Migratory 0 No information.
Species.
South Pacific Albacore Troll.. 24 No information.
South Pacific Tuna Fisheries 0 No information.
**.
Western Pacific Pelagic....... 7 No information.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
Longline Fisheries:
Northwest Atlantic Bottom 2 None documented.
Longline.
Pacific Highly Migratory 127 None documented in
Species. the most recent 5
years of data.
Purse Seine Fisheries:
Pacific Highly Migratory 2 None documented.
Species * [supcaret].
Trawl Fisheries:
Northwest Atlantic............ 3 None documented.
Troll Fisheries:
Pacific Highly Migratory 93 None documented.
Species *.
------------------------------------------------------------------------
List of Terms, Abbreviations, and Symbols Used in Table 3:
CA--California; GMX--Gulf of Mexico; HI--Hawaii; OR--Oregon; WA--
Washington; WNA--Western North Atlantic;
* Fishery is an extension/component of an existing fishery operating
within U.S. waters listed in Table 1 or 2. The number of permits
listed in Table 3 represents only the number of permits for the high
seas component of the fishery;
** These gear types are not authorized under the Pacific HMS FMP (2004),
the Atlantic HMS FMP (2006), or without a South Pacific Tuna Treaty
license (in the case of the South Pacific Tuna fisheries). Because
HSFCA permits are valid for 5 years, permits obtained in past years
exist in the HSFCA permit database for gear types that are now
unauthorized. Therefore, while HSFCA permits exist for these gear
types, it does not represent effort. In order to land fish species,
fishers must be using an authorized gear type. Once these permits for
unauthorized gear types expire, the permit-holder will be required to
obtain a permit for an authorized gear type; and
[supcaret] The list of marine mammal species and/or stocks killed or
injured in this fishery is identical to the list of marine mammal
species and/or stocks killed or injured in U.S. waters component of
the fishery, minus species and/or stocks that have geographic ranges
exclusively in coastal waters, because the marine mammal species and/
or stocks are also found on the high seas and the fishery remains the
same on both sides of the EEZ boundary. Therefore, the high seas
components of these fisheries pose the same risk to marine mammals as
the components of these fisheries operating in U.S. waters.
Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
Take reduction plans Affected fisheries
------------------------------------------------------------------------
Atlantic Large Whale Take Reduction Category I:
Plan (ALWTRP)--50 CFR 229.32. Mid-Atlantic gillnet.
Northeast/Mid-Atlantic American
lobster trap/pot.
Northeast sink gillnet.
Category II:
Atlantic blue crab trap/pot.
Atlantic mixed species trap/
pot.
MA mixed species trap/pot.
Northeast anchored float
gillnet.
Northeast drift gillnet.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic
shark gillnet.*
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab
trap/pot.[supcaret]
Bottlenose Dolphin Take Reduction Plan Category I:
(BDTRP)--50 CFR 229.35. Mid-Atlantic gillnet.
Category II:
Atlantic blue crab trap/pot.
Chesapeake Bay inshore
gillnet fishery.
Mid-Atlantic haul/beach
seine.
Mid-Atlantic menhaden purse
seine.
NC inshore gillnet.
NC long haul seine.
NC roe mullet stop net.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic
shark gillnet.
Southeastern U.S. Atlantic,
Gulf of Mexico shrimp
trawl.[supcaret]
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab
trap/pot.[supcaret]
VA pound net.
False Killer Whale Take Reduction Plan Category I:
(FKWTRP)--50 CFR 229.37. HI deep-set longline.
Category II:
HI shallow-set longline.
Harbor Porpoise Take Reduction Plan Category I:
(HPTRP)--50 CFR 229.33 (New England) Mid-Atlantic gillnet.
and 229.34 (Mid-Atlantic). Northeast sink gillnet.
Pelagic Longline Take Reduction Category I:
Plan(PLTRP)--50 CFR 229.36. Atlantic Ocean, Caribbean, Gulf
of Mexico large pelagics
longline.
Pacific Offshore Cetacean Take Category II:
Reduction Plan (POCTRP)--50 CFR 229.31. CA thresher shark/swordfish
drift gillnet (>=14 in mesh).
[[Page 16919]]
Atlantic Trawl Gear Take Reduction Team Category II:
(ATGTRT). Mid-Atlantic bottom trawl.
Mid-Atlantic mid-water trawl
(including pair trawl.
Northeast bottom trawl.
Northeast mid-water trawl
(including pair trawl).
------------------------------------------------------------------------
List of Symbols Used in Table 4:
* Only applicable to the portion of the fishery operating in U.S.
waters; and
[supcaret] Only applicable to the portion of the fishery operating in
the Atlantic Ocean.
Classification
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) at the proposed rule stage that this rule would
not have a significant economic impact on a substantial number of small
entities. No comments were received on that certification, and no new
information has been discovered to change that conclusion. Accordingly,
no regulatory flexibility analysis is required, and none has been
prepared.
This rule contains existing collection-of-information (COI)
requirements subject to the Paperwork Reduction Act and would not
impose additional or new COI requirements. The COI for the registration
of individuals under the MMPA has been approved by the OMB under OMB
Control Number 0648-0293 (0.15 hours per report for new registrants).
The requirement for reporting marine mammal mortalities or injuries has
been approved by OMB under OMB Control Number 0648-0292 (0.15 hours per
report). These estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the COI. Send comments regarding
these reporting burden estimates or any other aspect of the COI,
including suggestions for reducing burden, to NMFS (see ADDRESSES). You
may also submit comments on these or any other aspects of the
collection of information at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>.
Notwithstanding any other provision of law, no person is required
to respond to, nor shall a person be subject to a penalty for failure
to comply with a COI, subject to the requirements of the Paperwork
Reduction Act, unless that COI displays a currently valid OMB control
number.
This rule has been determined to be not significant for the
purposes of Executive Orders 12866 and 13563.
In accordance with the Companion Manual for NOAA Administrative
Order (NAO) 216-6A, NMFS determined that publishing this LOF qualifies
to be categorically excluded from further NEPA review, consistent with
categories of activities identified in Categorical Exclusion G7
(``Preparation of policy directives, rules, regulations, and guidelines
of an administrative, financial, legal, technical, or procedural
nature, or for which the environmental effects are too broad,
speculative or conjectural to lend themselves to meaningful analysis
and will be subject later to the NEPA process, either collectively or
on a case-by-case basis'') of the Companion Manual and we have not
identified any extraordinary circumstances listed in Chapter 4 of the
Companion Manual for NAO 216-6A that would preclude application of this
categorical exclusion. If NMFS takes a management action, for example,
through the development of a TRP, NMFS would first prepare an
Environmental Impact Statement or Environmental Assessment, as required
under NEPA, specific to that action.
This rule would not affect species listed as threatened or
endangered under the ESA or their associated critical habitat. The
impacts of numerous fisheries have been analyzed in various biological
opinions, and this rule will not affect the conclusions of those
opinions. The classification of fisheries on the LOF is not considered
to be a management action that would adversely affect threatened or
endangered species. If NMFS takes a management action, for example,
through the development of a TRP, NMFS would consult under ESA section
7 on that action.
This rule would have no adverse impacts on marine mammals and may
have a positive impact on marine mammals by improving knowledge of
marine mammals and the fisheries interacting with marine mammals
through information collected from observer programs, stranding and
sighting data, or take reduction teams.
This rule would not affect the land or water uses or natural
resources of the coastal zone, as specified under section 307 of the
Coastal Zone Management Act.
References
Baird, R.W., S.D. Mahaffy, A.M. Gorgone, T. Cullins, D.J. McSweeney,
E.M. Oelson, A.L. Bradford, J. Barlow, D.L. Webster. 2014. False
Killer Whales and Fisheries Interaction in Hawaiian Waters: Evidence
for Sex Bias and Variation Among Populations and Social Groups.
Marine Mammal Science 31(2): 579-590.
Bradford, A.L., E.M. Oleson, R.W. Baird, C.H. Boggs, K.A. Forney,
and N.C. Young. 2015. Revised stock boundaries for false killer
whales (Pseudorca crassidens) in Hawaiian waters. U.S. Department.
Commerce, NOAA Technical Memorandum. NOAA-NMFS-PIFSC-47, 29p.
National Marine Fisheries Service (NMFS). 2021. Final Environmental
Impact Statement, Regulatory Impact Review, and Final Regulatory
Flexibility Analysis for Amending the Atlantic Large Whale Take
Reduction Plan: Risk Reduction Rule.
Northeast Fisheries Science Center (NEFSC). 2022. North Atlantic
Right Whale Passive Acoustic Detections Report: January-June 2021.
Pace, R.M., R. Williams, S.D. Kraus, A.R. Knowlton, and H.M. Pettis.
2021. Cryptic mortality of North Atlantic Right Whales. Conservation
Science and Practice: 3(2).
Passive Acoustic Cetacean Map (PACM). 2022. Woods Hole (MA): NOAA
Northeast Fisheries Science Center v1.1.2. Nov 7, 2022. <a href="https://apps-nefsc.fisheries.noaa.gov/pacm">https://apps-nefsc.fisheries.noaa.gov/pacm</a>.
Van Parijs, S.M., K. Baker, J. Carduner, J. Daly, G.E. Davis, C.
Esch et al. 2021. NOAA and BOEM Minimum Recommendations for Use of
Passive Acoustic Listening Systems in Offshore Wind Energy
Development Monitoring and Mitigation programs. Frontiers in Marine
Science: 8.
Dated: March 16, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-05762 Filed 3-20-23; 8:45 am]
BILLING CODE 3510-22-P
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