Proposed Rule2023-19721
List of Fisheries for 2024
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
September 13, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The NMFS publishes its proposed List of Fisheries (LOF) for 2024, as required by the Marine Mammal Protection Act (MMPA). The LOF for 2024 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of mortality and serious injury of marine mammals that occurs incidental to each fishery. The classification of a fishery on the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as those on registration, observer coverage, and take reduction plan (TRP) requirements.
Full Text
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<title>Federal Register, Volume 88 Issue 176 (Wednesday, September 13, 2023)</title>
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[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Proposed Rules]
[Pages 62748-62769]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19721]
[[Page 62748]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 230907-0213]
RIN 0648-BM19
List of Fisheries for 2024
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comment.
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SUMMARY: The NMFS publishes its proposed List of Fisheries (LOF) for
2024, as required by the Marine Mammal Protection Act (MMPA). The LOF
for 2024 reflects new information on interactions between commercial
fisheries and marine mammals. NMFS must classify each commercial
fishery on the LOF into one of three categories under the MMPA based
upon the level of mortality and serious injury of marine mammals that
occurs incidental to each fishery. The classification of a fishery on
the LOF determines whether participants in that fishery are subject to
certain provisions of the MMPA, such as those on registration, observer
coverage, and take reduction plan (TRP) requirements.
DATES: Comments must be received by October 13, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0042, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
enter NOAA-NMFS-2023-0042 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Mail: Chief, Marine Mammal and Sea Turtle Conservation Division,
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter N/A in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, Office of Protected
Resources, 301-427-8402; Cheryl Cross, Greater Atlantic Region, 978-
281-9100; Jessica Powell, Southeast Region, 727-824-5312; Dan Lawson,
West Coast Region, 206-526-4740; Suzie Teerlink, Alaska Region, 907-
586-7240; Elena Duke, Pacific Islands Region, 808-725-5085. Individuals
who use a telecommunications device for the hearing impaired may call
the Federal Information Relay Service at 1-800-877-8339 between 8 a.m.
and 4 p.m. Eastern time, Monday through Friday, excluding Federal
holidays.
SUPPLEMENTARY INFORMATION:
What is the List of Fisheries?
Section 118 of the MMPA requires NMFS to place all U.S. commercial
fisheries into one of three categories based on the level of incidental
mortality and serious injury of marine mammals occurring in each
fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the
LOF determines whether participants in that fishery may be required to
comply with certain provisions of the MMPA, such as those on
registration, observer coverage, and take reduction plan requirements.
NMFS must reexamine the LOF annually, considering new information in
the Marine Mammal Stock Assessment Reports (SARs) and other relevant
sources, and publish in the Federal Register any necessary changes to
the LOF after notice and opportunity for public comment (16 U.S.C. 1387
(c)(1)(C)).
How does NMFS determine in which category a fishery is placed?
The definitions for the fishery classification criteria can be
found in the implementing regulations for section 118 of the MMPA (50
CFR 229.2). The criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all
fisheries on each marine mammal stock and then addresses the impact of
individual fisheries on each stock. This approach is based on
consideration of the rate, in numbers of animals per year, of
incidental mortalities and serious injuries of marine mammals due to
commercial fishing operations relative to the potential biological
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C.
1362 (20)) defines the PBR level as the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal
stock, while allowing that stock to reach or maintain its optimum
sustainable population. This definition can also be found in the
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
Tier 1: Tier 1 considers the cumulative fishery mortality and
serious injury for a particular stock. If the total annual mortality
and serious injury of a marine mammal stock, across all fisheries, is
less than or equal to 10 percent of the PBR level of the stock, all
fisheries interacting with the stock will be placed in Category III
(unless those fisheries interact with other stock(s) for which total
annual mortality and serious injury is greater than 10 percent of PBR).
Otherwise, these fisheries are subject to the next tier (Tier 2) of
analysis to determine their classification.
Tier 2: Tier 2 considers fishery-specific mortality and serious
injury for a particular stock.
Category I: Annual mortality and serious injury of a stock in a
given fishery is greater than or equal to 50 percent of the PBR level
(i.e., frequent incidental mortality and serious injury of marine
mammals).
Category II: Annual mortality and serious injury of a stock in a
given fishery is greater than 1 percent and less than 50 percent of the
PBR level (i.e., occasional incidental mortality and serious injury of
marine mammals).
Category III: Annual mortality and serious injury of a stock in a
given fishery is less than or equal to 1 percent of the PBR level
(i.e., a remote likelihood of or no known incidental mortality and
serious injury of marine mammals).
Additional details regarding how the categories were determined are
provided in the preamble to the final rule implementing section 118 of
the MMPA (60 FR 45086, August 30, 1995).
Because fisheries are classified on a per-stock basis, a fishery
may qualify as one category for one marine mammal stock and another
category for a different marine mammal stock. A fishery is typically
classified on the LOF at its highest level of classification (e.g., a
fishery qualifying for Category III for one marine mammal stock and for
Category II for another marine mammal stock will be listed under
Category II). Stocks driving a fishery's classification are denoted
with a superscript ``1'' in tables 1 and 2.
[[Page 62749]]
Other Criteria That May Be Considered
The tier analysis requires a minimum amount of data, and NMFS does
not have sufficient data to perform a tier analysis on certain
fisheries. Therefore, NMFS has classified certain fisheries by analogy
to other fisheries that use similar fishing techniques or gear that are
known to cause mortality or serious injury of marine mammals, or
according to factors discussed in the final LOF for 1996 (60 FR 67063,
December 28, 1995) and listed in the regulatory definition of a
Category II fishery. In the absence of reliable information indicating
the frequency of incidental mortality and serious injury of marine
mammals by a commercial fishery, NMFS will determine whether the
incidental mortality or serious injury is ``occasional'' by evaluating
other factors such as fishing techniques, gear used, methods used to
deter marine mammals, target species, seasons and areas fished,
qualitative data from logbooks or fishermen reports, stranding data,
and the species and distribution of marine mammals in the area, or at
the discretion of the Assistant Administrator for Fisheries (50 CFR
229.2).
Further, eligible commercial fisheries not specifically identified
on the LOF are deemed to be Category II fisheries until the next LOF is
published (50 CFR 229.2).
How does NMFS determine which species or stocks are included as
incidentally killed or injured in a fishery?
The LOF includes a list of marine mammal species and/or stocks
incidentally killed or injured in each commercial fishery. The list of
species and/or stocks incidentally killed or injured includes
``serious'' and ``non-serious'' documented injuries as described later
in the List of Species and/or Stocks Incidentally Killed or Injured in
the Pacific Ocean and List of Species and/or Stocks Incidentally Killed
or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean
sections. To determine which species or stocks are included as
incidentally killed or injured in a fishery, NMFS annually reviews the
information presented in the current SARs and injury determination
reports. SARs are brief reports summarizing the status of each stock of
marine mammals occurring in waters under U.S. jurisdiction, including
information on the identity and geographic range of the stock,
population statistics related to abundance, trend, and annual
productivity, notable habitat concerns, and estimates of human-caused
mortality and serious injury (M/SI) by source. The SARs are based upon
the best available scientific information and provide the most current
and inclusive information on each stock's PBR level and level of
interaction with commercial fishing operations. The best available
scientific information used in the SARs and reviewed for the 2024 LOF
generally summarizes data from 2016-2020. NMFS also reviews other
sources of new information, including injury determination reports,
bycatch estimation reports, observer data, logbook data, stranding
data, disentanglement network data, fishermen self-reports (i.e., MMPA
mortality/injury reports), and anecdotal reports from that time period.
In some cases, more recent information may be available and used in the
LOF.
For fisheries with observer coverage, species or stocks are
generally removed from the list of marine mammal species and/or stocks
incidentally killed or injured if no interactions are documented in the
five-year timeframe summarized in that year's LOF. For fisheries with
no observer coverage and for observed fisheries with evidence
indicating that undocumented interactions may be occurring (e.g.,
fishery has low observer coverage and stranding network data include
evidence of fisheries interactions that cannot be attributed to a
specific fishery), species and stocks may be retained for longer than
five years. For these fisheries, NMFS will review the other sources of
information listed above and use its discretion to decide when it is
appropriate to remove a species or stock.
Where does NMFS obtain information on the level of observer coverage in
a fishery on the LOF?
The best available information on the level of observer coverage
and the spatial and temporal distribution of observed marine mammal
interactions is presented in the SARs. Data obtained from the observer
program and observer coverage levels are important tools in estimating
the level of marine mammal mortality and serious injury in commercial
fishing operations. Starting with the 2005 SARs, each Pacific and
Alaska SAR includes an appendix with detailed descriptions of each
Category I and II fishery on the LOF, including the observer coverage
in those fisheries. For Atlantic fisheries, this information can be
found in the LOF Fishery Fact Sheets. The SARs do not provide detailed
information on observer coverage in Category III fisheries because,
under the MMPA, Category III fisheries are not required to accommodate
observers aboard vessels due to the remote likelihood of mortality and
serious injury of marine mammals. Fishery information presented in the
SARs' appendices and other resources referenced during the tier
analysis may include: level of observer coverage; target species;
levels of fishing effort; spatial and temporal distribution of fishing
effort; characteristics of fishing gear and operations; management and
regulations; and interactions with marine mammals. Copies of the SARs
are available on the NMFS Office of Protected Resources website at:
<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region</a>. Information on observer
coverage levels in Category I, II, and III fisheries can be found in
the fishery fact sheets on the NMFS Office of Protected Resources'
website: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables">https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables</a>. Additional information on
observer programs in commercial fisheries can be found on the NMFS
National Observer Program's website: <a href="https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program">https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program</a>.
How do I find out if a specific fishery is in Category I, II, or III?
The LOF includes three tables that list all U.S. commercial
fisheries by Category. table 1 lists all of the commercial fisheries in
the Pacific Ocean (including Alaska); table 2 lists all of the
commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean; and table 3 lists all U.S. authorized commercial fisheries
on the high seas. A fourth table, table 4, lists all commercial
fisheries managed under applicable TRPs or take reduction teams (TRT).
Are high seas fisheries included on the LOF?
Beginning with the 2009 LOF, NMFS includes high seas fisheries in
table 3 of the LOF, along with the number of valid High Seas Fishing
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues
HSFCA permits only for high seas fisheries analyzed in accordance with
the National Environmental Policy Act (NEPA) and the Endangered Species
Act (ESA). The authorized high seas fisheries are broad in scope and
encompass multiple specific fisheries identified by gear type. For the
purposes of the LOF, the high seas fisheries are subdivided based on
gear type (e.g., trawl, longline, purse
[[Page 62750]]
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/or 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>. Printed copies can be mailed upon request by
contacting <a href="/cdn-cgi/l/email-protection#7e1013180d50191f0c5013131f0e1d1b0c0a3e10111f1f50191108"><span class="__cf_email__" data-cfemail="3a54575c49145d5b481457575b4a595f484e7a54555b5b145d554c">[email protected]</span></a> or 978-281-9120.
Vessel or gear owners who participate in fisheries in these regions
and have not received authorization certificates by the beginning of
the calendar year, or with renewed fishing licenses, must contact the
appropriate NMFS Regional Office (see FOR FURTHER INFORMATION CONTACT).
Authorization certificates may also be obtained by visiting the MMAP
website <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate</a>.
The authorization certificate, or a copy, must be on board the
vessel while it is operating in a Category I or II fishery, or for non-
vessel fisheries, in the possession of the person in charge of the
fishing operation (50 CFR 229.4(e)). Although efforts are made to limit
the issuance of authorization certificates to only those vessel or gear
owners that participate in Category I or II fisheries, not all state
and Federal license or permit systems distinguish between fisheries as
classified by the LOF. Therefore, some vessel or gear owners in
Category III fisheries may receive authorization certificates even
though they are not required for Category III fisheries.
Individuals fishing in Category I and II fisheries for which no
state or Federal license or permit is required must register with NMFS
by contacting their appropriate Regional Office (see ADDRESSES).
Am I required to submit reports when I kill or injure a marine mammal
during the course of commercial fishing operations?
In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6,
any vessel owner or operator, or gear owner or operator (in the case of
non-vessel fisheries), participating in a fishery listed on the LOF
must report to NMFS all incidental mortalities and injuries of marine
mammals that occur during commercial fishing operations, regardless of
the category in which the fishery is placed (I, II, or III) within 48
hours of the end of the fishing trip or, in the case of non-vessel
fisheries, fishing activity. ``Injury'' is defined in 50 CFR 229.2 as a
wound or other physical harm. In addition, any animal that ingests
fishing gear or any animal that is released with fishing gear
entangling, trailing, or perforating any part of the body is considered
injured, regardless of the presence of any wound or other evidence of
injury, and must be reported.
[[Page 62751]]
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#630d0e05104d0e0a1106130c1117230d0c02024d040c15"><span class="__cf_email__" data-cfemail="147a7972673a797d6671647b6660547a7b75753a737b62">[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. 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 2024 LOF
NMFS reviewed the marine mammal incidental mortality and serious
injury information presented in the SARs for all fisheries to determine
whether changes in fishery classification are warranted. The SARs are
based on the best scientific information available at the time of
preparation, including the level of mortality and serious injury of
marine mammals that occurs incidental to commercial fishery operations
and the PBR levels of marine mammal stocks. The information contained
in the SARs is reviewed by regional Scientific Review Groups (SRGs)
representing Alaska, the Pacific (including Hawaii), and the U.S.
Atlantic, Gulf of Mexico, and Caribbean. The SRGs were established by
the MMPA to review the science that informs the SARs, and to advise
NMFS on marine mammal population status, trends, and stock structure;
uncertainties in the science, research needs, and other issues.
NMFS also reviewed other sources of new information, including
marine mammal stranding and entanglement data, observer program data,
fishermen self-reports, reports to the SRGs, conference papers, FMPs,
and ESA documents.
The LOF for 2024 was based on, among other things, stranding data;
fishermen self-reports; and SARs, primarily the 2022 SARs, which are
based on data from 2016-2020. The SARs referenced in this LOF include:
2021 (87 FR 47385, August 3, 2022) and 2022 (88 FR 54592, August 11,
2023). The SARs are available at: <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>.
Request for Public Input on Aquaculture Fishery Descriptions
As information on risks to marine mammals from aquaculture remains
limited, NMFS is soliciting public comment to inform how we evaluate
the potential risk to marine mammals from aquaculture operations for
future LOFs. Specifically, we are requesting information on the
following in both state and Federal waters in the Atlantic, Caribbean
and Pacific:
1. Incidences of marine mammal interactions with aquaculture gear,
including details of where and when these interactions occurred, the
gear type(s) involved, and whether or not mortality and/or injury
occurred.
2. Gear characteristics, operational practices used (e.g.,
anchoring systems, deterrence technologies to avoid interactions), and
temporal and spatial variation in aquaculture operations.
3. Practical ways of grouping different aquaculture gears into a
single fishery, such as grouping according to regional differences and/
or operational and/or gear characteristics (e.g., if similar gears are
used to farm shellfish and macroalgae, both target species should be
listed under the same fishery).
4. How integrated multi-trophic aquaculture (the cooperative
cultivation of multiple organisms occupying different trophic levels)
should be characterized. For example, whether multi-trophic aquaculture
should be classified holistically as a separate fishery, or by the gear
type that presents the highest risk amongst the gear types that are
being used.
Summary of Changes to the LOF for 2024
The following summarizes changes to the LOF for 2024, including the
classification of fisheries, fisheries listed, the estimated number of
vessels/persons in a particular fishery, and the species and/or stocks
that are incidentally killed or injured in a particular fishery. In the
2022 Pacific and Alaska SARs, stock structure for humpback whales and
the Southeast Alaska harbor porpoise were revised, respectively. The
three existing North Pacific humpback whale stocks (Central North
Pacific, Western North Pacific and CA/OR/WA) were replaced by five
stocks: (1) Western North Pacific, (2) Hawai'i, (3) Mexico-North
Pacific, (4) Central America/Southern Mexico CA/OR/WA and (5) Mainland
Mexico-CA/OR/WA (Young et al., 2023, Carretta et
[[Page 62752]]
al., 2023). The Southeast Alaska harbor porpoise stock was revised and
split into three stocks: (1) the Northern Southeast Alaska inland
waters, (2) Southern Southeast Alaska inland waters, and (3) Yakutat/
Southeast Alaska offshore waters (Young et al., 2023). Changes to the
LOF for 2024 based on these revised stock structures are summarized
below.
NMFS adds one fishery, removes six fisheries and reclassifies four
fisheries in the LOF for 2024. NMFS also makes changes to the estimated
number of vessels/persons and list of species and/or stocks killed or
injured in certain fisheries. The classifications and definitions of
U.S. commercial fisheries for 2024 are identical to those provided in
the LOF for 2023, except for the changes discussed below. State and
regional abbreviations used in the following paragraphs include: AK
(Alaska), CA (California), FL (Florida), GA (Georgia), HI (Hawaii), NC
(North Carolina), OR (Oregon), SC (South Carolina), WA (Washington) and
WNA (Western North Atlantic).
Commercial Fisheries in the Pacific Ocean
Classification of Fisheries
NMFS proposes to reclassify the Category II AK Southeast salmon
drift gillnet fishery to a Category I fishery based on M/SI of the
Southern Southeast Alaska inland waters stock of harbor porpoise. Mean
annual estimated M/SI of the Southern Southeast Alaska inland waters
stock of harbor porpoise in the AK Southeast salmon drift gillnet
fishery is 7.4 which is 121 percent of the stock's PBR (6.1) (Young et
al., 2023). Therefore, because the estimated M/SI is greater than or
equal to 50 percent of PBR (Tier 2 analysis), NMFS proposes to
reclassify the AK Southeast salmon drift gillnet fishery from a
Category II to a Category I fishery.
NMFS proposes to reclassify the Category II CA Dungeness crab pot
fishery to a Category I fishery based on M/SI of the Central America/
Southern Mexico-CA/OR/WA stock of humpback whale. Mean annual estimated
M/SI of the Central America/Southern Mexico-CA/OR/WA stock of humpback
whale is 2.01 which is 57 percent of the stock's PBR (3.5 whales)
(Carretta et al., 2023). Therefore, because the estimated M/SI is
greater than or equal to 50 percent of PBR, NMFS proposes to reclassify
the CA Dungeness crab pot fishery from a Category II to a Category I
fishery.
NMFS proposes to reclassify the Category II AK Bering Sea, Aleutian
Islands Pacific cod pot fishery to a Category III fishery. The Category
II classification of this fishery was based on the mean annual
estimated M/SI of the Western North Pacific stock of humpback whale.
Total annual fishery M/SI for the Western North Pacific stock of
humpback whale is 0.012 and PBR for the stock is 0.2 (Young et al.,
2023). A Tier 1 analysis indicates total annual M/SI for the Western
North Pacific stock of humpback whale is six percent of PBR. Therefore,
since total cumulative fishery M/SI is less than 10 percent for the
Western North Pacific stock of humpback whale and no other stocks are
driving the Category II classification of this fishery, NMFS proposes
to reclassify the AK Bering Sea, Aleutian Islands Pacific cod pot
fishery to a Category III fishery.
Fishery Name and Organizational Changes and Clarification
NMFS proposes to combine the Category III AK Dungeness crab fishery
with the Category III AK miscellaneous invertebrates handpick fishery.
These two fisheries are prosecuted in the same way and generally at the
same time.
NMFS proposes to remove the Category III AK roe herring and food/
bait herring beach seine fishery from the LOF because there are no
participants in this fishery.
NMFS proposes to remove the Category III AK state-managed waters of
Prince William Sound groundfish trawl fishery. This fishery is included
in the Category III AK Gulf of Alaska trawl fisheries.
NMFS proposes to remove the Category III AK Bering Sea, Aleutian
Islands groundfish hand troll and dinglebar troll fishery from the LOF
because there are no participants in this fishery.
NMFS proposes to remove the Category III AK herring spawn on kelp
dive hand/mechanical collection fishery from the LOF because there are
no participants in this fishery.
NMFS proposes to add the superscript ``1'' to the southern
Southeast Alaska inland waters stocks of harbor porpoise to indicate
the stock is driving the Category I classification of the AK Southeast
salmon drift gillnet fishery.
NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stocks of humpback whale to indicate the stock
is driving the Category I classification of the CA Dungeness crab pot
fishery. NMFS also proposes to remove the superscript ``1'' from
Eastern North Pacific stock of blue whale to indicate the stock is not
driving the Category I classification of the CA Dungeness crab pot
fishery.
NMFS proposes to remove the superscript ``1'' from the CA/OR/WA
stock of minke whale to indicate the stock is no longer driving the
Category II classification of the CA thresher shark/swordfish drift
gillnet (>=14 inch (in) mesh) fishery.
NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stock of humpback whale to indicate the stock
is driving the Category II classification of the CA halibut/white
seabass and other species set gillnet (>3.5 in mesh) fishery.
NMFS proposes to add the superscript ``2'' to the Category II AK
Cook Inlet salmon set gillnet fishery to indicate this fishery is
classified by analogy. This fishery was originally classified by
analogy to other Category II Alaska gillnet fisheries on the 1996 LOF
(60 FR 67063, December 28, 1995).
NMFS proposes to remove the superscript ``2'' from the Category II
AK Yakutat salmon set gillnet fishery to indicate this fishery is not
classified by analogy to other Category II gillnet fisheries. Alaska
marine mammal observer program (AMMOP) bycatch data is used to estimate
incidental M/SI in this fishery. NMFS also proposes to add the
superscript ``1'' to the Yakutat/Southeast Alaska offshore waters stock
of harbor porpoise to indicate the stock is driving the Category II
classification of the AK Yakutat salmon set gillnet fishery.
NMFS proposes to remove the superscript ``1'' from both the Eastern
North Pacific Alaska resident stock of killer whale and Western North
Pacific stock of humpback whale to indicate the stocks are no longer
driving the Category II classification of the AK Bering Sea, Aleutian
Islands flatfish trawl fishery.
NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stock of humpback whale to indicate the stock
is driving the Category II classification of the CA coonstripe shrimp
pot fishery.
NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stock of humpback whale to indicate the stock
is driving the Category II classification of the CA spiny lobster
fishery.
NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stock of humpback whale to indicate the stock
is driving the Category II classification of the CA spot prawn pot
fishery.
NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stock of humpback whale to indicate the stock
is driving the Category II classification of the OR Dungeness crab pot
fishery.
[[Page 62753]]
NMFS proposes to add the superscript ``1'' to both the Central
America/Southern Mexico-CA/OR/WA and Mainland Mexico-CA/OR/WA stocks of
humpback whale to indicate the stocks are driving the Category II
classification of the WA/OR/CA sablefish pot fishery.
NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stock of humpback whale to indicate the stock
is driving the Category II classification of the WA coastal Dungeness
crab pot fishery.
NMFS proposes to add the superscript ``1'' to the North Pacific
stock of sperm whale to indicate the stock is driving the Category II
classification of the AK Gulf of Alaska sablefish longline fishery.
Number of Vessels/Persons
NMFS proposes to update the estimated number of vessels/persons in
the Pacific Ocean (table 1) as follows:
Category I
<bullet> HI deep-set longline fishery from 150 to 146 vessels/
persons;
<bullet> AK Southeast salmon drift gillnet fishery from 474 to 371
vessels/persons;
Category II
<bullet> AK Bristol Bay salmon drift gillnet fishery from 1,862 to
1,521 vessels/persons;
<bullet> AK Bristol Bay salmon set gillnet fishery from 979 to 855
vessels/persons;
<bullet> AK Kodiak salmon set gillnet fishery from 188 to 128
vessels/persons;
<bullet> AK Cook Inlet salmon set gillnet fishery from 736 to 479
vessels/persons;
<bullet> AK Cook Inlet salmon drift gillnet fishery from 569 to 355
vessels/persons;
<bullet> AK Peninsula/Aleutian Islands salmon drift gillnet fishery
from 162 to 148 vessels/persons;
<bullet> AK Peninsula/Aleutian Islands salmon set gillnet fishery
from 113 to 75 vessels/persons;
<bullet> AK Prince William Sound salmon drift gillnet fishery from
537 to 483 vessels/persons;
<bullet> AK Yakutat salmon set gillnet fishery from 168 to 95
vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands flatfish trawl fishery
from 32 to 29 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands pollock trawl fishery from
102 to 116 vessels/persons;
<bullet> AK Gulf of Alaska sablefish longline fishery from 295 to
177 vessels/persons;
<bullet> American Samoa longline fishery from 18 to 11 vessels/
persons;
<bullet> HI shortline fishery from 11 to 8 vessels/persons;
Category III
<bullet> AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet
fishery from 1,778 to 360 vessels/persons;
<bullet> AK Prince William Sound salmon set gillnet fishery from 29
to 25 vessels/persons;
<bullet> AK roe herring and food/bait herring gillnet fishery from
920 to 15 vessels/persons;
<bullet> HI inshore gillnet fishery form 27 to 26 vessels/persons;
<bullet> AK Cook Inlet salmon purse seine fishery from 83 to 16
vessels/persons;
<bullet> AK Kodiak salmon purse seine fishery from 376 to 159
vessels/persons;
<bullet> AK Southeast salmon purse seine fishery from 315 to 206
vessels/persons;
<bullet> AK roe herring and food/bait herring purse seine fishery
from 356 to 31 vessels/persons;
<bullet> AK salmon beach seine fishery from 31 to 2 vessels/
persons;
<bullet> AK salmon purse seine (Prince William Sound, Chignik,
Alaska Peninsula) fishery from 936 to 298 vessels/persons;
<bullet> HI throw net, cast net fishery from 16 to 13 vessels/
persons;
<bullet> HI seine net fishery from 16 to 17 vessels/persons;
<bullet> AK Gulf of Alaska groundfish hand troll and dinglebar
troll fishery from unknown to 4 vessels/persons;
<bullet> AK salmon troll fishery from 1,908 to 850 vessels/persons;
<bullet> American Samoa tuna troll fishery from 3 to 6 vessels/
persons;
<bullet> HI troll fishery from 1,293 to 1,124 vessels/persons;
<bullet> HI rod and reel fishery from 246 to 235 vessels/persons;
<bullet> Guam tuna troll fishery from 465 to 450 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands Pacific cod longline
fishery from 45 to 26 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands sablefish longline fishery
from 22 to 8 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands halibut longline fishery
from 127 to 84 vessels/persons;
<bullet> AK Gulf of Alaska halibut longline fishery from 855 to 689
vessels/persons;
<bullet> AK Gulf of Alaska Pacific cod longline fishery from 92 to
23 vessels/persons;
<bullet> AK octopus/squid longline fishery from 3 to 0 vessels/
persons;
<bullet> HI kaka line fishery from 16 to 17 vessels/persons;
<bullet> HI vertical line fishery from 5 to 6 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands Atka mackerel trawl
fishery from 13 to 17 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands Pacific cod trawl fishery
from 72 to 64 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands rockfish trawl fishery
from 17 to 22 vessels/persons;
<bullet> AK Gulf of Alaska flatfish trawl fishery from 36 to 16
vessels/persons;
<bullet> AK Gulf of Alaska Pacific cod trawl fishery from 55 to 12
vessels/persons;
<bullet> AK Gulf of Alaska pollock trawl fishery from 67 to 60
vessels/persons;
<bullet> AK Gulf of Alaska rockfish trawl fishery from 43 to 35
vessels/persons;
<bullet> AK Kodiak food/bait herring otter trawl fishery from 4 to
0 vessels/persons;
<bullet> AK shrimp otter trawl and beam trawl fishery from 38 to 12
vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands Pacific cod pot fishery
from 59 to 80 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands sablefish pot fishery from
16 to 15 vessels/persons;
<bullet> AK Bering Sea, Aleutian Islands crab pot fishery from 540
to 73 vessels/persons;
<bullet> AK Gulf of Alaska crab pot fishery from 271 to 86 vessels/
persons;
<bullet> AK Gulf of Alaska Pacific cod pot fishery from 116 to 48
vessels/persons;
<bullet> AK Gulf of Alaska sablefish pot fishery from 248 to 129
vessels/persons;
<bullet> AK Southeast Alaska shrimp pot fishery from 99 to 104
vessels/persons;
<bullet> AK shrimp pot, except Southeast fishery from 141 to 77
vessels/persons;
<bullet> AK octopus/squid pot fishery from 15 to 0 vessels/persons;
<bullet> HI crab trap fishery from 3 to 4 vessels/persons;
<bullet> HI crab net fishery from 3 to 4 vessels/persons;
<bullet> HI Kona crab loop net fishery from 24 to 13 vessels/
persons;
<bullet> American Samoa bottomfish fishery from 46 to 44 vessels/
persons;
<bullet> Commonwealth of the Northern Mariana Islands bottomfish
fishery from 12 to 7 vessels/persons;
<bullet> Guam bottomfish fishery from 84 to 63 vessels/persons;
<bullet> HI bottomfish handline fishery from 404 to 382 vessels/
persons;
<bullet> HI inshore handline fishery from 182 to 158 vessels/
persons;
<bullet> HI pelagic handline fishery from 311 to 271 vessels/
persons;
<bullet> AK Gulf of Alaska groundfish jig fishery from 214 to 68
vessels/persons;
<bullet> AK halibut jig fishery from 71 to 5 vessels/persons;
<bullet> AK herring spawn on kelp pound net fishery from 291 to 143
vessels/persons;
<bullet> AK Southeast herring roe/food/bait pound net fishery from
2 to 1 vessels/persons;
<bullet> AK clam fishery from 130 to 57 vessels/persons;
[[Page 62754]]
<bullet> AK miscellaneous invertebrates handpick fishery from 214
to 188 vessels/persons;
<bullet> HI black coral diving fishery from less than 3 to none
recorded;
<bullet> HI handpick fishery from 28 to 25 vessels/persons;
<bullet> HI lobster diving fishery from 10 to 12 vessels/persons;
<bullet> HI spearfishing fishery from 79 to 67 vessels/persons, and
<bullet> HI aquarium collecting fishery from 39 to none recorded.
List of Species and/or Stocks Incidentally Killed or Injured in the
Pacific Ocean
NMFS proposes to add the Beringia stock of bearded seal to the list
of species/stocks incidentally killed or injured in the Category II AK
Bering Sea, Aleutian Islands pollock trawl fishery based on an observed
mortality in 2020 (Freed et al., 2022).
NMFS proposes to add the U.S. stock of California sea lion to the
list of species/stocks incidentally killed or injured in the Category
III CA sea cucumber trawl fishery based on an observed mortality in
2019 (Carretta et al., In Review).
NMFS proposes to remove the Hawaii stock of striped dolphin from
the list of species/stocks incidentally killed or injured in the
Category I HI deep-set longline fishery. This fishery is consistently
monitored through an observer program. From 2016-2020, there have been
no reported or observed M/SI within the EEZ in the HI deep-set longline
fishery (Carretta et al., 2023).
NMFS proposes to remove the Hawaii stock of fin whale and Central
North Pacific stock of humpback whale from the list of species/stocks
incidentally killed or injured in the Category II HI shallow-set
longline fishery. This fishery has 100 percent observer coverage, and
from 2016-2020, there have been no reported or observed M/SI within the
EEZ in the HI shallow-set longline fishery (Carretta et al., 2023).
NMFS proposes to revise marine mammal stock names on the list of
species/stocks incidentally killed or injured for consistency with the
current stock names in the SARs as follows:
Category II AK Bristol Bay Salmon Drift Gillnet Fishery
<bullet> Harbor seal, Bering Sea to harbor seal, Bristol Bay; and
Category II AK Gulf of Alaska Sablefish Longline
<bullet> Northern elephant seal, California to Northern elephant
seal, California breeding.
NMFS proposes to update the harbor porpoise stocks on the list of
species/stocks incidentally killed or injured based on the revised
stock structures in the 2022 SAR (Young et al., 2023) as follows:
Category I AK Southeast Salmon Drift Gillnet Fishery
<bullet> Harbor porpoise, southeast Alaska to harbor porpoise,
southern Southeast Alaska inland waters and harbor porpoise, northern
Southeast Alaska inland waters, and
Category II AK Yakutat Salmon Set Gillnet Fishery
<bullet> Harbor porpoise, southeast Alaska to harbor porpoise,
Yakutat/Southeast Alaska offshore waters.
NMFS proposes to update the humpback whale stocks on the list of
species/stocks incidentally killed or injured based on the revised
stock structures in the 2022 SAR (Carretta et al., 2023; Young et al.,
2023) as follows:
Category I AK Southeast Salmon Drift Gillnet Fishery
<bullet> Humpback whale, Central North Pacific to humpback whale,
Hawai'i and humpback whale, Mexico-North Pacific;
Category II CA Thresher Shark/Swordfish Drift Gillnet (>=14 in Mesh)
Fishery
<bullet> Humpback whale, CA/OR/WA to humpback whale, Central
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II CA Halibut/White Seabass and Other Species Set Gillnet
(>3.5 in Mesh) Fishery
<bullet> Humpback whale, CA/OR/WA to humpback whale, Central
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II AK Kodiak Salmon Set Gillnet Fishery
<bullet> Humpback whale, Central North Pacific to humpback whale,
Hawai'i and humpback whale, Mexico-North Pacific;
Category II AK Cook Inlet Salmon Set Gillnet Fishery
<bullet> Humpback whale, Central North Pacific to humpback whale,
Hawai'i and humpback whale, Mexico-North Pacific;
Category II AK Prince William Sound Salmon Drift Gillnet Fishery
<bullet> Humpback whale, Central North Pacific to humpback whale,
Hawai'i and humpback whale, Mexico-North Pacific;
Category II AK Yakutat Salmon Set Gillnet Fishery
<bullet> Humpback whale, Central North Pacific to humpback whale,
Hawai'i and humpback whale, Mexico-North Pacific;
Category II AK Bering Sea, Aleutian Islands Pollock Trawl Fishery
<bullet> Humpback whale, Central North Pacific to humpback whale,
Hawai'i and humpback whale, Mexico-North Pacific;
Category II CA Coonstripe Shrimp Pot Fishery
<bullet> Humpback whale, CA/OR/WA to humpback whale, Central
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II CA Spiny Lobster Fishery
<bullet> Humpback whale, CA/OR/WA to humpback whale, Central
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II CA Spot Prawn Pot Fishery
<bullet> Humpback whale, CA/OR/WA to humpback whale, Central
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II CA Dungeness Crab Pot Fishery
<bullet> Humpback whale, CA/OR/WA to humpback whale, Central
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II OR Dungeness Crab Pot Fishery
<bullet> Humpback whale, CA/OR/WA to humpback whale, Central
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II WA/OR/CA Sablefish Pot Fishery
<bullet> Humpback whale, CA/OR/WA to humpback whale, Central
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
Category II WA Coastal Dungeness Crab Pot Fishery
<bullet> Humpback whale, CA/OR/WA to humpback whale, Central
America/Southern Mexico-CA/OR/WA and humpback whale, Mainland Mexico-
CA/OR/WA stock;
[[Page 62755]]
Category III AK Cook Inlet Salmon Purse Seine Fishery
<bullet> Humpback whale, Central North Pacific to humpback whale,
Hawai'i and humpback whale, Mexico-North Pacific;
Category III AK Kodiak Salmon Purse Fishery
<bullet> Humpback whale, Central North Pacific to humpback whale,
Hawai'i and humpback whale, Mexico-North Pacific;
Category III AK Southeast Salmon Purse Seine Fishery
<bullet> Humpback whale, Central North Pacific to humpback whale,
Hawai'i and humpback whale, Mexico-North Pacific;
Category III AK Bering Sea, Aleutian Islands Pacific Cod Pot Fishery
<bullet> Humpback whale, Central North Pacific to humpback whale,
Hawai'i and humpback whale, Mexico-North Pacific;
Category III Southeast Alaska Crab Pot Fishery
<bullet> Humpback whale, Central North Pacific to humpback whale,
Hawai'i and humpback whale, Mexico-North Pacific;
Category III Southeast Alaska Shrimp Pot Fishery
<bullet> Humpback whale, Central North Pacific to humpback whale,
Hawai'i and humpback whale, Mexico-North Pacific;
Category III HI Crab Trap Fishery
<bullet> Humpback whale, Central North Pacific to humpback whale,
Hawai'i, and
Category III AK/WA/OR/CA Commercial Passenger Vessels Fishery
<bullet> Humpback whale, Central North Pacific to humpback whale,
Hawai'i and humpback whale, Mexico-North Pacific.
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
Classification of Fisheries
NMFS proposes to reclassify the Category III U.S. Mid-Atlantic
mixed species stop seine/weir/pound net (except the NC roe mullet stop
net) fishery to a Category II based on M/SI of the Northern NC
estuarine system stock of bottlenose dolphin. Mean annual estimated M/
SI of the Northern NC estuarine stock of bottlenose dolphin in this
fishery is 2.56 percent of PBR (7.8 dolphins). Because the estimated M/
SI is between 1 and 50 percent of the stock's PBR, NMFS proposes to
reclassify U.S. Mid-Atlantic mixed species stop seine/weir/pound net
(except the NC roe mullet stop net) fishery from a Category III to a
Category II fishery. NMFS also proposes to add the fishery to the list
of affected fisheries for the Bottlenose Dolphin Take Reduction Plan in
table 4.
Addition of Fisheries
NMFS proposes to add the Virginia shrimp trawl fishery as a
Category II fishery. This new fishery operates in the Commonwealth of
Virginia's coastal waters (within three nautical miles) from October 1
through January 1. The fishery uses beam trawl gear with a fixed frame
no larger than 4 feet by 16 feet, with mesh size ranging from 1.5-2.0
inches (stretched mesh). Tows are not to exceed 30 minutes in duration.
There are 12 authorized permits for this fishery.
There is no information on marine mammal M/SI incidental to this
fishery. Therefore, no marine mammal species/stocks are identified in
table 2. Marine mammal species/stocks will be added to the list, if
incidental mortalities or injuries are documented in this fishery.
The regulatory definition of a Category II fishery (50 CFR 229.2)
provides for NMFS to evaluate other factors such as: fishing
techniques, gear used, methods used to deter marine mammals, target
species, seasons and areas fished, qualitative data from logbooks or
fisher reports, stranding data, and the species and distribution of
marine mammals in the area when there is no reliable information on the
frequency of incidental M/SI in a given fishery. In the absence of
reliable information on incidental M/SI, the Virginia shrimp trawl
fishery is proposed as a Category II fishery, because there is no
evidence of a remote likelihood of or no known incidental M/SI in the
fishery.
Fishery Name and Organizational Changes and Clarification
NMFS proposes to remove the superscript ``1'' from the WNA stock of
long-finned pilot whale to indicate the stock is no longer driving the
Category II classification of the Northeast mid-water trawl (including
pair trawl) fishery.
NMFS proposes to combine the Category II Northeast anchored float
gillnet fishery into the Category I Northeast sink gillnet fishery.
Federal Vessel Trip Report codes do not distinguish anchored float
gillnet gear from other types of gillnet gear. Consequently, fishing
effort for the Northeast anchored float gillnet fishery is included as
part of reported fishing effort for the Northeast sink gillnet fishery.
Additionally, marine mammal bycatch in the Northeast anchored float
gillnet fishery is included in bycatch analyses for the Northeast sink
gillnet fishery. The species that are currently listed under the
Northeast anchored float gillnet fishery are already included in the
list of species incidentally taken in the Northeast sink gillnet
fishery. This proposed change does not affect either fisheries'
requirements under the Harbor Porpoise or Atlantic Large Whale TRPs
(see table 4).
NMFS proposes to revise the fishery descriptions for the Category I
Northeast/Mid-Atlantic American lobster trap/pot fishery and Category
II Atlantic mixed species trap/pot fishery. NMFS proposes to add Jonah
crab as a target species for the Category I Northeast/Mid-Atlantic
American lobster trap/pot fishery and remove Jonah crab as a target
species from the Category II Atlantic mixed species trap/pot fishery.
NMFS also proposes to revise the name of the Category I Northeast/Mid-
Atlantic American lobster and Jonah crab trap/pot fishery.
This proposed change aligns the Northeast/Mid-Atlantic American
lobster and Atlantic mixed species trap/pot fisheries descriptions with
how the two target species are collectively managed. Jonah crab
distribution overlaps with that of American lobster, and Jonah crab are
caught using the exact same gear used in the Category I Northeast/Mid-
Atlantic American lobster trap/pot fishery. The gear used to target
Jonah crab is consistent with what is currently described for the
Category II Northeast/Mid-Atlantic American lobster trap/pot fishery.
Currently, participation in the Jonah crab fishery is limited to
American lobster permit holders. The Jonah crab fishery conforms to the
specifications of the Interstate Fishery Management Plan for American
Lobster and complies with regulatory requirements specified for each
Lobster Management Area.
Number of Vessels/Persons
NMFS proposes to update the estimated number of vessels/persons in
the Atlantic Ocean, Gulf of Mexico, and Caribbean (table 2) as follows:
Category I
<bullet> Northeast sink gillnet fishery from 4,072 to 4,924
vessels/persons;
Category II
<bullet> NC inshore gillnet fishery from 2,676 to 1,157 vessels/
persons; and
<bullet> NC long haul seine fishery from 22 to 10 vessels/persons.
List of Species and/or Stocks Incidentally Killed or Injured in the
Atlantic Ocean, Gulf of Mexico, and Caribbean
NMFS corrects an administrative error in table 2. NMFS proposes to
update the
[[Page 62756]]
bottlenose dolphin stock name from FL Bay estuarine to FL Bay in the
list of species/stocks incidentally killed or injured in the Category
III FL spiny lobster trap/pot fishery.
NMFS proposes to add the WNA stock of harp seal to the list of
species/stocks incidentally killed or injured in the Category I mid-
Atlantic gillnet fishery. From 2015 through 2019, there were 14
observed harp seal mortalities in the mid-Atlantic gillnet fishery
(Hayes et al., 2022).
NMFS proposes to add the WNA stock of white-sided dolphin to the
list of species/stocks incidentally killed or injured in the Category
II Northeast mid-water trawl (including pair trawl) fishery based on a
self-reported mortality in 2020.
NMFS proposes to add the Biscayne Bay estuarine stock of bottlenose
dolphin to the list of species/stocks incidentally killed or injured in
the Category II Atlantic blue crab trap/pot fishery. In 2020, one
dolphin was disentangled from commercial blue crab trap/pot gear and
released alive (Hayes et al., 2023). The animal was determined to be
seriously injured (Maze-Foley and Garrison, In Prep).
NMFS proposes to add the Charleston estuarine system stock of
bottlenose dolphin to the list of species/stocks incidentally killed or
injured in the Category III Atlantic Ocean, Gulf of Mexico, Caribbean
commercial passenger fishing vessel fishery. In 2017, there was one
mortality where monofilament line was found during the necropsy;
however, it could not be determined whether the hook and line gear
contributed to cause of death (Hayes et al., 2023).
NMFS proposes to remove both the SC/GA coastal and Southern
migratory coastal stocks of bottlenose dolphin from the list of
species/stocks incidentally killed or injured in the Category II
Southeast Atlantic gillnet fishery. This fishery is observed; and, from
2016-2020, there have been no reported or observed M/SI in this fishery
(Hayes et al., 2023).
NMFS proposes to remove the Charleston estuarine system stock of
bottlenose dolphin from the list of species/stocks incidentally killed
or injured in the Category II Southeastern U.S. Atlantic, Gulf of
Mexico shrimp trawl fishery. This fishery is observed; and, from 2016-
2020, there have been no reported or observed M/SI in this fishery
(Hayes et al., 2023).
Commercial Fisheries on the High Seas
Fishery Name and Organizational Changes and Clarification
NMFS proposes to remove Category II Atlantic Highly Migratory
Species trawl fishery from the LOF because there are no participants in
this fishery.
NMFS proposes to remove Category II South Pacific tuna fisheries
troll fishery from the LOF because there are no participants in this
fishery.
Number of Vessels/Persons
NMFS proposes to update the estimated number of HSFCA permits for
high seas fisheries (table 3) as follows:
Category I
<bullet> Western Pacific pelagic (HI deep-set component) longline
fishery from 150 to 146 HSFCA permits;
Category II
<bullet> Pacific highly migratory species drift gillnet fishery
from 3 to 2 HSFCA permits;
<bullet> Western and Central Pacific Ocean tuna purse seine fishery
from 34 to 14 HSFCA permits;
<bullet> South Pacific albacore troll longline fishery from 8 to 6
HSFCA permits;
<bullet> Pacific highly migratory species handline/pole and line
fishery from 45 to 36 HSFCA permits;
<bullet> South Pacific albacore troll handline/pole and line
fishery from 7 to 1 HSFCA permits;
<bullet> South Pacific albacore troll fishery from 24 to 23 HSFCA
permits;
<bullet> Western Pacific pelagic troll fishery from 7 to 6 HSFCA
permits;
Category III
<bullet> Northwest Atlantic bottom longline fishery from 2 to 1
HSFCA permits;
<bullet> Pacific highly migratory species longline fishery from 127
to 119 HSFCA permits;
<bullet> Pacific highly migratory species purse seine fishery from
2 to 1 HSFCA permits;
<bullet> Northwest Atlantic trawl fishery from 3 to 1 HSFCA
permits; and
<bullet> Pacific highly migratory species troll fishery from 93 to
95 HSFCA permits.
List of Species and/or Stocks Incidentally Killed or Injured on the
High Seas
NMFS proposes to remove the Hawaii stock of striped dolphin from
the list of species/stocks incidentally killed or injured in the
Category I Western Pacific Pelagic longline fishery (HI deep-set
component). As noted in table 3, the list of marine mammal species and/
or stocks killed or injured in this fishery is identical to the list of
marine mammal species and/or stocks killed or injured in U.S. waters
component of the fishery, minus species and/or stocks that have
geographic ranges exclusively in coastal waters. From 2016-2020, there
have been no reported or observed M/SI in the HI deep-set longline
fishery (Carretta et al., 2023); the fishery is currently observed at
about 20-percent coverage. Therefore, NMFS proposed to remove the stock
from both the HI deep-set longline fishery and the Western Pacific
Pelagic longline fishery (HI deep-set component).
NMFS proposes to remove the unknown stock of pygmy killer whale
from the list of species/stocks incidentally killed or injured in the
Category II Western and Central Pacific Ocean tuna purse seine fishery.
From 2016-2020, there have been no reported or observed M/SI in the
fishery (Carretta et al., 2023); the fishery is currently observed at
about 20 percent coverage.
NMFS proposes to remove the Hawaii stock of fin whale and Central
North Pacific stock of humpback whale from the list of species/stocks
incidentally killed or injured in the Category II Western Pacific
Pelagic longline fishery (HI shallow-set component). As noted in table
3, the list of marine mammal species and/or stocks killed or injured in
this fishery is identical to the list of marine mammal species and/or
stocks killed or injured in U.S. waters component of the fishery, minus
species and/or stocks that have geographic ranges exclusively in
coastal waters. From 2016-2020, there have been no reported or observed
M/SI in the HI shallow-set longline fishery (Carretta et al., 2023),
which is observed at 100 percent. Therefore, NMFS proposed to remove
the stocks from both the HI shallow-set longline fishery and the
Western Pacific Pelagic longline fishery (HI shallow-set component).
List of Fisheries
The following tables set forth the list of U.S. commercial
fisheries according to their classification under section 118 of the
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean
(including Alaska), table 2 lists commercial fisheries in the Atlantic
Ocean, Gulf of Mexico, and Caribbean, table 3 lists commercial
fisheries on the high seas, and table 4 lists fisheries affected by
TRPs or TRTs.
In tables 1 and 2, the estimated number of vessels or persons
participating in fisheries operating within U.S. waters is expressed in
terms of the number of active participants in the fishery, when
possible. If this information is not available, the
[[Page 62757]]
estimated number of vessels or persons licensed for a particular
fishery is provided. If no recent information is available on the
number of participants, vessels, or persons licensed in a fishery, then
the number from the most recent LOF is used for the estimated number of
vessels or persons in the fishery. NMFS acknowledges that, in some
cases, these estimates may be inflations of actual effort. For example,
the State of Hawaii does not issue fishery-specific licenses, and the
number of participants reported in the LOF represents the number of
commercial marine license holders who reported using a particular
fishing gear type/method at least once in a given year, without
considering how many times the gear was used. For these fisheries,
effort by a single participant is counted the same whether the
fisherman used the gear only once or every day. In the Mid-Atlantic and
New England fisheries, the numbers represent the potential effort for
each fishery, given the multiple gear types for which several state
permits may allow. Changes made to Mid-Atlantic and New England fishery
participants will not affect observer coverage or bycatch estimates, as
observer coverage and bycatch estimates are based on vessel trip
reports and landings data. Tables 1 and 2 serve to provide a
description of the fishery's potential effort (state and Federal). If
NMFS is able to gather more accurate information on the gear types used
by state permit holders in the future, the numbers will be updated to
reflect this change. For additional information on fishing effort in
fisheries found on table 1 or 2, contact the relevant regional office
(contact information included above in the section: Where can I find
more information about the LOF and the MMAP?).
For high seas fisheries, table 3 lists the number of valid HSFCA
permits currently held. Although this likely overestimates the number
of active participants in many of these fisheries, the number of valid
HSFCA permits is the most reliable data on the potential effort in high
seas fisheries at this time. As noted previously, the number of HSFCA
permits listed in table 3 for the high seas components of fisheries
that also operate within U.S. waters does not necessarily represent
additional effort that is not accounted for in tables 1 and 2. Many
vessels holding HSFCA permits also fish within U.S. waters and are
included in the number of vessels and participants operating within
those fisheries in tables 1 and 2.
Tables 1, 2, and 3 also list the marine mammal species and/or
stocks incidentally killed or injured (seriously or non-seriously) in
each fishery based on SARs, injury determination reports, bycatch
estimation reports, observer data, logbook data, stranding data,
disentanglement network data, fishermen self-reports (i.e., MMAP
reports), and anecdotal reports. The best available scientific
information included in these reports is based on data through 2020.
This list includes all species and/or stocks known to be killed or
injured in a given fishery, but also includes species and/or stocks for
which there are anecdotal records of a mortality or injury.
Additionally, species identified by logbook entries, stranding data, or
fishermen self-reports (i.e., MMAP reports) may not be verified. In
tables 1 and 2, NMFS has designated those species/stocks driving a
fishery's classification (i.e., the fishery is classified based on
mortalities and serious injuries of a marine mammal stock that are
greater than or equal to 50 percent (Category I), or greater than 1
percent and less than 50 percent (Category II), of a stock's PBR) by a
``1'' after the stock's name.
In tables 1 and 2, there are several fisheries classified as
Category II that have no recent documented mortalities or serious
injuries of marine mammals, or fisheries that did not result in a
mortality or serious injury rate greater than 1 percent of a stock's
PBR level based on known interactions. NMFS has classified these
fisheries by analogy to other Category I or II fisheries that use
similar fishing techniques or gear that are known to cause mortality or
serious injury of marine mammals, as discussed in the final LOF for
1996 (60 FR 67063, December 28, 1995), and according to factors listed
in the definition of a ``Category II fishery'' in 50 CFR 229.2 (i.e.,
fishing techniques, gear types, methods used to deter marine mammals,
target species, seasons and areas fished, qualitative data from
logbooks or fishermen reports, stranding data, and the species and
distribution of marine mammals in the area). NMFS has designated those
fisheries listed by analogy in tables 1 and 2 by adding a ``2'' after
the fishery's name.
There are several fisheries in tables 1, 2, and 3 in which a
portion of the fishing vessels cross the EEZ boundary and therefore
operate both within U.S. waters and on the high seas. These fisheries,
though listed separately on table 1 or 2 and table 3, are considered
the same fisheries on either side of the EEZ boundary. NMFS has
designated those fisheries in each table with an asterisk (*) after the
fishery's name.
Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
Marine mammal
species and/or
Fishery description Estimated number stocks
of vessels/persons incidentally
killed or injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
Longline/Set Line Fisheries:
HI deep-set longline * 146............... Bottlenose
[supcaret]. dolphin, HI
Pelagic.
False killer
whale, HI
Pelagic.\1\
False killer
whale, MHI
Insular.
False killer
whale, NWHI.
Kogia spp. (Pygmy
or dwarf sperm
whale), HI.
Risso's dolphin,
HI.
Rough-toothed
dolphin, HI.
Short-finned pilot
whale, HI.
Gillnet Fisheries:
AK Southeast salmon drift 474............... Dall's porpoise,
gillnet. AK.
Harbor porpoise,
northern
Southeast Alaska
inland waters.
Harbor porpoise,
southern
Southeast Alaska
inland waters.\1\
Harbor seal,
Southeast AK.
Humpback whale,
Hawai[revaps]i.
Humpback whale,
Mexico-North
Pacific
Pacific white-
sided dolphin,
North Pacific.
Steller sea lion,
Eastern U.S.
Pot, Ring Net, and Trap
Fisheries:
CA Dungeness crab pot....... 471............... Blue whale,
Eastern North
Pacific.
[[Page 62758]]
Gray whale,
Eastern North
Pacific.
Humpback whale,
Central America/
Southern Mexico-
CA/OR/WA.\1\
Humpback whale,
Mainland Mexico-
CA/OR/WA.
Killer whale,
Eastern North
Pacific GOA, BSAI
transient.
Killer whale, West
Coast transient.
Northern elephant
seal, CA
breeding.
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
Gillnet Fisheries:
CA thresher shark/swordfish 21................ Bottlenose
drift gillnet (>=14 in dolphin, CA/OR/WA
mesh) *. offshore.
California sea
lion, U.S.
Dall's porpoise,
CA/OR/WA.
Gray whale,
Eastern North
Pacific.
Humpback whale,
Central America/
Southern Mexico-
CA/OR/WA.
Humpback whale,
Mainland Mexico-
CA/OR/WA.
Long-beaked common
dolphin, CA.
Minke whale, CA/OR/
WA.
Northern elephant
seal, CA
breeding.
Northern right-
whale dolphin, CA/
OR/WA.
Pacific white-
sided dolphin, CA/
OR/WA.
Risso's dolphin,
CA/OR/WA.
Short-beaked
common dolphin,
CA/OR/WA.
Short-finned pilot
whale, CA/OR/
WA.\1\
Sperm Whale, CA/OR/
WA.\1\
CA halibut/white seabass and 39................ California sea
other species set gillnet lion, U.S.
(>3.5 in mesh) *.
Gray whale,
Eastern North
Pacific.
Harbor seal, CA.
Humpback whale,
Central America/
Southern Mexico-
CA/OR/WA.\1\
Humpback whale,
Mainland Mexico-
CA/OR/WA.
Long-beaked common
dolphin, CA.
Northern elephant
seal, CA
breeding.
Southern sea
otter, CA.
Short-beaked
common dolphin,
CA/OR/WA.
CA yellowtail, barracuda, 20................ California sea
and white seabass drift lion, U.S.
gillnet (mesh size >=3.5 in Long-beaked common
and <14 in) \2\. dolphin, CA.
Short-beaked
common dolphin,
CA/OR/WA.
AK Bristol Bay salmon drift 1,521............. Beluga whale,
gillnet \2\. Bristol Bay.
Gray whale,
Eastern North
Pacific.
Harbor seal,
Bristol Bay.
Northern fur seal,
Eastern Pacific.
Pacific white-
sided dolphin,
North Pacific.
Spotted seal,
Bering.
Steller sea lion,
Western U.S.
AK Bristol Bay salmon set 855............... Beluga whale,
gillnet \2\. Bristol Bay.
Gray whale,
Eastern North
Pacific.
Harbor seal,
Bristol Bay.
Northern fur seal,
Eastern Pacific.
Spotted seal,
Bering.
AK Kodiak salmon set gillnet 128............... Harbor porpoise,
GOA.\1\
Harbor seal, GOA.
Humpback whale,
Hawai[revaps]i.
Humpback whale,
Mexico-North
Pacific.
Humpback whale,
Western North
Pacific.
Northern sea
otter, Southwest
AK.
Steller sea lion,
Western U.S.
AK Cook Inlet salmon set 479............... Beluga whale, Cook
gillnet \2\. Inlet.
Dall's porpoise,
AK.
Harbor porpoise,
GOA.
Harbor seal, Cook
Inlet/Shelikof
Strait.
Humpback whale,
Hawai[revaps]i.
Humpback whale,
Mexico-North
Pacific.
Northern sea
otter, South
central AK.
Steller sea lion,
Western U.S.
AK Cook Inlet salmon drift 355............... Beluga whale, Cook
gillnet. Inlet.
Dall's porpoise,
AK.
Harbor porpoise,
GOA.\1\
Harbor seal, GOA.
Steller sea lion,
Western U.S.
AK Peninsula/Aleutian 148............... Dall's porpoise,
Islands salmon drift AK.
gillnet \2\.
Harbor porpoise,
GOA.
Harbor seal, GOA.
Northern fur seal,
Eastern Pacific.
AK Peninsula/Aleutian 75................ Harbor porpoise,
Islands salmon set gillnet Bering Sea.
\2\.
Northern sea
otter, Southwest
AK.
Steller sea lion,
Western U.S.
AK Prince William Sound 483............... Dall's porpoise,
salmon drift gillnet. AK.
Gray whale,
Eastern North
Pacific.
Harbor porpoise,
GOA.\1\
[[Page 62759]]
Harbor seal,
Prince William
Sound.
Humpback whale,
Hawai[revaps]i.
Humpback whale,
Mexico-North
Pacific.
Northern fur seal,
Eastern Pacific.
Pacific white-
sided dolphin,
North Pacific.
Northern sea
otter, South
central AK.
Steller sea lion,
Western U.S.\1\
AK Yakutat salmon set 95................ Gray whale,
gillnet. Eastern North
Pacific.
Harbor Porpoise,
Yakutat/Southeast
Alaska offshore
waters.\1\
Harbor seal,
Southeast AK.
Humpback whale,
Hawai[revaps]i.
Humpback whale,
Mexico-North
Pacific.
WA Puget Sound Region salmon 136............... Dall's porpoise,
drift gillnet (includes all CA/OR/WA.
inland waters south of US- Harbor porpoise,
Canada border and eastward inland WA.\1\
of the Bonilla-Tatoosh line- Harbor seal, WA
Treaty Indian fishing is inland.
excluded).
Trawl Fisheries:
AK Bering Sea, Aleutian 29................ Bearded seal,
Islands flatfish trawl. Beringia.
Gray whale,
Eastern North
Pacific.
Harbor porpoise,
Bering Sea.
Harbor seal,
Bristol Bay.
Humpback whale,
Western North
Pacific.
Killer whale,
Eastern North
Pacific Alaska
resident.
Killer whale,
Eastern North
Pacific GOA, AI,
BS transient.\1\
Northern fur seal,
Eastern Pacific.
Ringed seal,
Arctic.
Ribbon seal.
Spotted seal,
Bering.
Steller sea lion,
Western U.S.\1\
Walrus, AK.
AK Bering Sea, Aleutian 116............... Bearded seal,
Islands pollock trawl. Beringia.
Harbor seal,
Bristol Bay.
Humpback whale,
Hawai[revaps]i.
Humpback whale,
Mexico-North
Pacific.
Humpback whale,
Western North
Pacific.
Pacific white-
sided dolphin,
North Pacific.
Ribbon seal.
Ringed seal,
Arctic.
Steller sea lion,
Western U.S.\1\
Pot, Ring Net, and Trap
Fisheries:
CA coonstripe shrimp pot.... 9................. Gray whale,
Eastern North
Pacific.
Harbor seal, CA.
Humpback whale,
Central America/
Southern Mexico-
CA/OR/WA.\1\
Humpback whale,
Mainland Mexico-
CA/OR/WA.
CA spiny lobster............ 189............... Bottlenose
dolphin, CA/OR/WA
offshore.
California sea
lion, U.S.
Humpback whale,
Central America/
Southern Mexico-
CA/OR/WA.\1\
Humpback whale,
Mainland Mexico-
CA/OR/WA.
Gray whale,
Eastern North
Pacific.
Southern sea
otter, CA.
CA spot prawn pot........... 22................ Gray whale,
Eastern North
Pacific.
Humpback whale,
Central America/
Southern Mexico-
CA/OR/WA.\1\
Humpback whale,
Mainland Mexico-
CA/OR/WA.
Long-beaked common
dolphin, CA.
OR Dungeness crab pot....... 323............... Gray whale,
Eastern North
Pacific.
Humpback whale,
Central America/
Southern Mexico-
CA/OR/WA.\1\
Humpback whale,
Mainland Mexico-
CA/OR/WA.
WA/OR/CA sablefish pot...... 144............... Humpback whale,
Central America/
Southern Mexico-
CA/OR/WA.\1\
Humpback whale,
Mainland Mexico-
CA/OR/WA.\1\
WA coastal Dungeness crab 204............... Gray whale,
pot. Eastern North
Pacific.
Humpback whale,
Central America/
Southern Mexico-
CA/OR/WA.\1\
Humpback whale,
Mainland Mexico-
CA/OR/WA.
Longline/Set Line Fisheries:
AK Gulf of Alaska sablefish 177............... Northern elephant
longline. seal, California
breeding.
Sperm whale, North
Pacific.\1\
Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
HI shallow-set longline * 14................ Bottlenose
[supcaret]. dolphin, HI
Pelagic.
False killer
whale, HI
Pelagic.\1\
Guadalupe fur
seal.
Risso's dolphin,
HI.
Striped dolphin,
HI.
American Samoa longline \2\. 11................ False killer
whale, American
Samoa.
Rough-toothed
dolphin, American
Samoa.
Striped dolphin,
unknown.
HI shortline \2\............ 8................. None documented.
Marine Aquaculture Fisheries:
HI offshore pen culture..... 1................. Hawaiian monk
seal.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
Gillnet Fisheries:
[[Page 62760]]
AK Kuskokwim, Yukon, Norton 360............... Harbor porpoise,
Sound, Kotzebue salmon Bering Sea.
gillnet.
AK Prince William Sound 25................ Harbor seal, GOA.
salmon set gillnet.
Northern sea
otter, South
central AK.
Steller sea lion,
Western U.S.
AK roe herring and food/bait 15................ None documented.
herring gillnet.
CA herring set gillnet...... 11................ None documented.
HI inshore gillnet.......... 26................ Bottlenose
dolphin, HI.
Spinner dolphin,
HI.
WA Grays Harbor salmon drift 19................ Harbor seal, OR/WA
gillnet (excluding treaty coast.
Tribal fishing).
WA/OR Mainstem Columbia 10................ None documented.
River eulachon gillnet.
WA/OR lower Columbia River 244............... California sea
(includes tributaries) lion, U.S.
drift net.
Harbor seal, OR/WA
coast.
WA Willapa Bay drift gillnet 57................ Harbor seal, OR/WA
coast.
Northern elephant
seal, CA
breeding.
Miscellaneous Net Fisheries:
AK Cook Inlet salmon purse 16................ Humpback whale,
seine. Hawai[revaps]i.
Humpback whale,
Mexico-North
Pacific.
AK Kodiak salmon purse seine 159............... Dall's porpoise,
AK.
Harbor seal, North
Kodiak.
Humpback whale,
Hawai[revaps]i.
Humpback whale,
Mexico-North
Pacific.
Humpback whale,
Western North
Pacific.
Steller sea lion,
Western U.S.
AK Southeast salmon purse 206............... Humpback whale,
seine. Hawai[revaps]i.
Humpback whale,
Mexico-North
Pacific.
AK roe herring and food/bait 31................ None documented.
herring purse seine.
AK salmon beach seine....... 2................. None documented.
AK salmon purse seine 298............... Harbor seal, GOA.
(Prince William Sound,
Chignik, Alaska Peninsula).
Harbor seal,
Prince William
Sound.
WA/OR sardine purse seine... 6................. None documented.
CA anchovy, mackerel, 53................ California sea
sardine purse seine. lion, U.S.
Harbor seal, CA.
CA squid purse seine........ 68................ California sea
lion, U.S.
Long-beaked common
dolphin, CA.
Risso's dolphin,
CA/OR/WA.
Short-beaked
common dolphin,
CA/OR/WA.
CA tuna purse seine *....... 14................ None documented.
WA/OR Lower Columbia River 1................. None documented.
salmon seine.
WA/OR herring, anchovy, 41................ None documented.
smelt, squid purse seine or
lampara.
WA salmon seine............. 81................ None documented.
WA salmon reef net.......... 11................ None documented.
HI lift net................. 14................ None documented.
HI inshore purse seine...... None recorded..... None documented.
HI throw net, cast net...... 13................ None documented.
HI seine net................ 17................ None documented.
Dip Net Fisheries:
CA squid dip net............ 19................ None documented.
Marine Aquaculture Fisheries:
CA marine shellfish unknown........... None documented.
aquaculture.
CA salmon enhancement >1................ None documented.
rearing pen.
CA white seabass enhancement 13................ California sea
net pens. lion, U.S.
WA salmon net pens.......... 14................ California sea
lion, U.S.
Harbor seal, WA
inland waters.
WA/OR shellfish aquaculture. 23................ None documented.
Troll Fisheries:
WA/OR/CA albacore surface 556............... None documented.
hook and line/troll.
CA halibut, white seabass, 388............... None documented.
and yellowtail hook and
line/handline.
CA/OR/WA non-albacore HMS 124............... None documented.
hook and line.
AK Gulf of Alaska groundfish 4................. None documented.
hand troll and dinglebar
troll.
AK salmon troll............. 850............... Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
American Samoa tuna troll... 6................. None documented.
CA/OR/WA salmon troll....... 1,030............. None documented.
HI troll.................... 1,124............. Pantropical
spotted dolphin,
HI.
HI rod and reel............. 235............... None documented.
Commonwealth of the Northern 9................. None documented.
Mariana Islands tuna troll.
Guam tuna troll............. 450............... None documented.
Longline/Set Line Fisheries:
AK Bering Sea, Aleutian 4................. Killer whale, GOA,
Islands Greenland turbot AI, BS transient.
longline.
AK Bering Sea, Aleutian 26................ Northern fur seal,
Islands Pacific cod Eastern Pacific.
longline.
Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 8................. None documented.
Islands sablefish longline.
AK Bering Sea, Aleutian 84................ Northern fur seal,
Islands halibut longline. Eastern Pacific.
Sperm whale, North
Pacific.
AK Gulf of Alaska halibut 689............... Harbor seal,
longline. Clarence Strait.
Harbor seal, Cook
Inlet.
Steller sea lion,
Eastern U.S.
AK Gulf of Alaska Pacific 23................ Harbor seal, Cook
cod longline. Inlet/Shelikof
Strait.
[[Page 62761]]
Steller sea lion,
Western U.S.
AK octopus/squid longline... 0................. None documented.
AK state-managed waters 464............... None documented.
longline/setline (including
sablefish, rockfish,
lingcod, and miscellaneous
finfish).
WA/OR/CA groundfish, 314............... Bottlenose
bottomfish longline/set dolphin, CA/OR/WA
line. offshore.
California sea
lion, U.S.
Northern elephant
seal, California
breeding.
Sperm whale, CA/OR/
WA.
Steller sea lion,
Eastern U.S.
WA/OR/CA Pacific halibut 130............... None documented.
longline.
West Coast pelagic longline. 4................. None documented in
the most recent 5
years of data.
HI kaka line................ 17................ None documented.
HI vertical line............ 6................. None documented.
Trawl Fisheries:
AK Bering Sea, Aleutian 17................ Harbor seal,
Islands Atka mackerel trawl. Aleutian Islands.
Northern elephant
seal, California.
Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 64................ Bearded seal, AK.
Islands Pacific cod trawl.
Ribbon seal.
Steller sea lion,
Western U.S.
AK Bering Sea, Aleutian 22................ Harbor seal,
Islands rockfish trawl. Aleutian Islands.
Ribbon seal.
AK Gulf of Alaska flatfish 16................ Harbor seal, Cook
trawl. Inlet/Shelikof
Strait.
Harbor seal, North
Kodiak.
Harbor seal, South
Kodiak.
Steller sea lion,
Western U.S.
AK Gulf of Alaska Pacific 12................ Steller sea lion,
cod trawl. Western U.S.
AK Gulf of Alaska pollock 60................ Steller sea lion,
trawl. Western U.S.
AK Gulf of Alaska rockfish 35................ Steller sea lion,
trawl. Western U.S.
AK Kodiak food/bait herring 0................. None documented.
otter trawl.
AK shrimp otter trawl and 12................ None documented.
beam trawl.
CA halibut bottom trawl..... 23................ California sea
lion, U.S.
Harbor porpoise,
unknown.
Harbor seal,
unknown.
Northern elephant
seal, CA
breeding.
Steller sea lion,
unknown.
CA sea cucumber trawl....... 11................ California sea
lion, U.S.
WA/OR/CA shrimp trawl....... 130............... California sea
lion, U.S.
WA/OR/CA groundfish trawl... 118............... California sea
lion, U.S.
Dall's porpoise,
CA/OR/WA.
Harbor seal, OR/WA
coast.
Northern elephant
seal, CA
breeding.
Northern fur seal,
Eastern Pacific.
Northern right
whale dolphin, CA/
OR/WA.
Pacific white-
sided dolphin, CA/
OR/WA.
Steller sea lion,
Eastern U.S.
Pot, Ring Net, and Trap
Fisheries:
AK Bering Sea, Aleutian 80................ Harbor seal,
Islands Pacific cod pot. Bristol Bay.
Humpback whale,
Hawai[revaps]i.
Humpback whale,
Mexico-North
Pacific.
Humpback whale,
Western North
Pacific.
AK Bering Sea, Aleutian 15................ Sperm whale, North
Islands sablefish pot. Pacific.
AK Bering Sea, Aleutian 73................ Bowhead whale,
Islands crab pot. Western Arctic.
Gray whale,
Eastern North
Pacific.
AK Gulf of Alaska crab pot.. 86................ None documented.
AK Gulf of Alaska Pacific 48................ None documented in
cod pot. most recent 5
years of data.
AK Gulf of Alaska sablefish 129............... None documented.
pot.
AK Southeast Alaska crab pot 375............... Humpback whale,
Hawai[revaps]i.
Humpback whale,
Mexico-North
Pacific.
AK Southeast Alaska shrimp 104............... Humpback whale,
pot. Hawai[revaps]i.
Humpback whale,
Mexico-North
Pacific.
AK shrimp pot, except 77................ None documented.
Southeast.
AK octopus/squid pot........ 0................. None documented.
CA rock crab pot............ 113............... Gray whale,
Eastern North
Pacific.
Harbor seal, CA.
CA Tanner crab pot fishery.. 1................. None documented.
WA/OR/CA hagfish pot........ 63................ None documented.
WA/OR shrimp pot/trap....... 28................ None documented.
WA Puget Sound Dungeness 145............... None documented.
crab pot/trap.
HI crab trap................ 4................. Humpback whale,
Hawai[revaps]i.
HI fish trap................ 4................. None documented.
HI lobster trap............. Less than 3....... None documented in
recent years.
HI shrimp trap.............. 3................. None documented.
HI crab net................. 4................. None documented.
HI Kona crab loop net....... 13................ None documented.
Hook and Line, Handline, and Jig
Fisheries:
AK Bering Sea, Aleutian 2................. None documented.
Islands groundfish jig.
AK Gulf of Alaska groundfish 68................ None documented in
jig. most recent 5
years of data.
AK halibut jig.............. 5................. None documented.
American Samoa bottomfish... 44................ None documented.
[[Page 62762]]
Commonwealth of the Northern 7................. None documented.
Mariana Islands bottomfish.
Guam bottomfish............. 63................ None documented.
HI aku boat, pole, and line. None recorded..... None documented.
HI bottomfish handline...... 392............... None documented in
recent years.
HI inshore handline......... 158............... None documented.
HI pelagic handline......... 271............... None documented.
WA/OR/CA groundfish/finfish 689............... California sea
hook and line. lion, U.S.
Western Pacific squid jig... 0................. None documented.
Harpoon Fisheries:
CA swordfish harpoon........ 21................ None documented.
Pound Net/Weir Fisheries:
AK herring spawn on kelp 143............... None documented.
pound net.
AK Southeast herring roe/ 1................. None documented.
food/bait pound net.
HI bullpen trap............. <3................ None documented.
Bait Pens:
WA/OR/CA bait pens.......... 13................ California sea
lion, U.S.
Dredge Fisheries:
AK scallop dredge........... 108 (5 AK)........ None documented.
Dive, Hand/Mechanical Collection
Fisheries:
AK clam..................... 57................ None documented.
AK miscellaneous 188............... None documented.
invertebrates handpick.
CA/OR/WA dive collection.... 186............... None documented.
CA/WA kelp, seaweed and 4................. None documented.
algae.
HI black coral diving....... None recorded..... None documented.
HI fish pond................ None recorded..... None documented.
HI handpick................. 25................ None documented.
HI lobster diving........... 12................ None documented.
HI spearfishing............. 67................ None documented.
WA/OR/CA hand/mechanical 320............... None documented.
collection.
Commercial Passenger Fishing
Vessel (Charter Boat)
Fisheries:
AK/WA/OR/CA commercial >7,000 (1,006 AK). Humpback whale,
passenger fishing vessel. Hawai[revaps]i.
Humpback whale,
Mexico-North
Pacific.
Humpback whale,
Western North
Pacific.
Killer whale,
unknown.
Steller sea lion,
Eastern U.S.
Steller sea lion,
Western U.S.
Live Finfish/Shellfish
Fisheries:
CA nearshore finfish trap... 42................ None documented.
HI aquarium collecting...... None recorded..... None documented.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1:
AI--Aleutian Islands; AK--Alaska; BS--Bering Sea; CA--California; ENP--
Eastern North Pacific; GOA--Gulf of Alaska; HI--Hawaii; MHI--Main
Hawaiian Islands; OR--Oregon; WA--Washington;
\1\ Fishery classified based on mortalities and serious injuries of this
stock, which are greater than or equal to 50 percent (Category I) or
greater than 1 percent and less than 50 percent (Category II) of the
stock's PBR;
\2\ Fishery classified by analogy;
* Fishery has an associated high seas component listed in table 3; and
[supcaret] The list of marine mammal species and/or stocks killed or
injured in this fishery is identical to the list of species and/or
stocks killed or injured in high seas component of the fishery, minus
species and/or stocks that have geographic ranges exclusively on the
high seas. The species and/or stocks are found, and the fishery
remains the same, on both sides of the EEZ boundary. Therefore, the
EEZ components of these fisheries pose the same risk to marine mammals
as the components operating on the high seas.
Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
Marine mammal
species and/or
Fishery description Estimated number stocks
of vessels/persons incidentally
killed or injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
Gillnet Fisheries:
Mid-Atlantic gillnet........ 4,020............. Bottlenose
dolphin, Northern
Migratory
coastal.
Bottlenose
dolphin, Southern
Migratory
coastal.\1\
Bottlenose
dolphin, Northern
NC estuarine
system.\1\
Bottlenose
dolphin, Southern
NC estuarine
system.\1\
Bottlenose
dolphin, WNA
offshore.
Common dolphin,
WNA.
Gray seal, WNA.
Harbor porpoise,
GME/BF.
Harbor seal, WNA.
Harp seal, WNA.
Hooded seal, WNA.
Humpback whale,
Gulf of Maine.
Minke whale,
Canadian east
coast.
Northeast sink gillnet...... 4,924............. Bottlenose
dolphin, Northern
Migratory
coastal.
Bottlenose
dolphin, WNA
offshore.
Common dolphin,
WNA.
Fin whale, WNA.
Gray seal, WNA.\1\
Harbor porpoise,
GME/BF.
Harbor seal, WNA.
[[Page 62763]]
Harp seal, WNA.
Humpback whale,
Gulf of Maine.
Minke whale,
Canadian east
coast.
North Atlantic
right whale, WNA.
Risso's dolphin,
WNA.
White-sided
dolphin, WNA.
Trap/Pot Fisheries:
Northeast/Mid-Atlantic 8,485............. Humpback whale,
American lobster and Jonah Gulf of Maine.
crab trap/pot.
Minke whale,
Canadian east
coast.
North Atlantic
right whale,
WNA.\1\
Longline Fisheries:
Atlantic Ocean, Caribbean, 201............... Atlantic spotted
Gulf of Mexico large dolphin, Northern
pelagics longline *. GMX.
Bottlenose
dolphin, Northern
GMX oceanic.
Bottlenose
dolphin, WNA
offshore.
Common dolphin,
WNA.
Cuvier's beaked
whale, WNA.
False killer
whale, WNA.
Harbor porpoise,
GME, BF.
Kogia spp. (Pygmy
or dwarf sperm
whale), WNA.
Long-finned pilot
whale, WNA.
Mesoplodon beaked
whale, WNA.
Minke whale,
Canadian East
coast.
Pantropical
spotted dolphin,
Northern GMX.
Pygmy sperm whale,
GMX.
Risso's dolphin,
Northern GMX.
Risso's dolphin,
WNA.
Rough-toothed
dolphin, Northern
GMX.
Short-finned pilot
whale, Northern
GMX.
Short-finned pilot
whale, WNA.\1\
Sperm whale,
Northern GMX.
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
Gillnet Fisheries:
Chesapeake Bay inshore 265............... Bottlenose
gillnet \2\. dolphin, unknown
(Northern
migratory coastal
or Southern
migratory
coastal).
Gulf of Mexico gillnet \2\.. 248............... Bottlenose
dolphin, Eastern
GMX coastal.
Bottlenose
dolphin, GMX bay,
sound, and
estuarine.
Bottlenose
dolphin, Mobile
Bay, Bonsecour
Bay.
Bottlenose
dolphin, MS
Sound, Lake
Borgne, Bay
Boudreau.
Bottlenose
dolphin, Northern
GMX coastal.
Bottlenose
dolphin, Western
GMX coastal.
NC inshore gillnet.......... 1,157............. Bottlenose
dolphin, Northern
NC estuarine
system.\1\
Bottlenose
dolphin, Southern
NC estuarine
system.\1\
Northeast drift gillnet \2\. 1,036............. None documented.
Southeast Atlantic gillnet 273............... Bottlenose
\2\. dolphin, Central
FL coastal.
Bottlenose
dolphin, Northern
FL coastal.
Southeastern U.S. Atlantic 21................ Bottlenose
shark gillnet. dolphin, unknown
(Central FL,
Northern FL, SC/
GA coastal, or
Southern
migratory
coastal).
North Atlantic
right whale, WNA.
Trawl Fisheries:
Mid-Atlantic mid-water trawl 320............... Bottlenose
(including pair trawl). dolphin, WNA
offshore.
Harbor seal, WNA.
Mid-Atlantic bottom trawl... 633............... Bottlenose
dolphin, WNA
offshore.\1\
Common dolphin,
WNA.\1\
Gray seal, WNA.\1\
Harbor seal, WNA.
Risso's dolphin,
WNA.\1\
White-sided
dolphin, WNA.
Northeast mid-water trawl 542............... Common dolphin,
(including pair trawl). WNA.
Gray seal, WNA.
Harbor seal, WNA.
Long-finned pilot
whale, WNA.
White-sided
dolphin, WNA.
Northeast bottom trawl...... 968............... Bottlenose
dolphin, WNA
offshore.\1\
Common dolphin,
WNA.
Gray seal, WNA.\1\
Harbor porpoise,
GME/BF.
Harbor seal, WNA.
Harp seal, WNA.
Long-finned pilot
whale, WNA.\1\
Risso's dolphin,
WNA\1\
White-sided
dolphin, WNA.\1\
Southeastern U.S. Atlantic, 10,824............ Atlantic spotted
Gulf of Mexico shrimp trawl. dolphin, Northern
Gulf of Mexico.
Bottlenose
dolphin,
Barataria Bay
Estuarine System.
Bottlenose
dolphin, Eastern
GMX coastal.\1\
Bottlenose
dolphin, GMX bay,
sound,
estuarine.\1\
[[Page 62764]]
Bottlenose
dolphin, GMX
continental
shelf.
Bottlenose
dolphin,
Mississippi River
Delta.
Bottlenose
dolphin, Mobile
Bay, Bonsecour
Bay.
Bottlenose
dolphin, Northern
GMX coastal.\1\
Bottlenose
dolphin,
Pensacola Bay,
East Bay.
Bottlenose
dolphin, Perdido
Bay.
Bottlenose
dolphin, SC/GA
coastal.\1\
Bottlenose
dolphin, Southern
migratory
coastal.
Bottlenose
dolphin, Western
GMX coastal.\1\
Virginia shrimp trawl....... 12................ None documented.
Trap/Pot Fisheries:
MA mixed species trap/pot... 1,240............. None documented.
Southeastern U.S. Atlantic, 1,101............. Bottlenose
Gulf of Mexico stone crab dolphin, Biscayne
trap/pot \2\. Bay estuarine.
Bottlenose
dolphin, Central
FL coastal.
Bottlenose
dolphin, Eastern
GMX coastal.
Bottlenose
dolphin, FL Bay.
Bottlenose
dolphin, GMX bay,
sound, estuarine
(FL west coast
portion).
Bottlenose
dolphin, Indian
River Lagoon
estuarine system.
Bottlenose
dolphin,
Jacksonville
estuarine system.
Bottlenose
dolphin, Sarasota
Bay, Little
Sarasota Bay.
Atlantic mixed species trap/ 3,493............. Fin whale, WNA.
pot \2\.
Humpback whale,
Gulf of Maine.
Atlantic blue crab trap/pot. 6,679............. Bottlenose
dolphin, Biscayne
Bay estuarine.
Bottlenose
dolphin, Central
FL coastal.
Bottlenose
dolphin, Central
GA estuarine
system.\1\
Bottlenose
dolphin,
Charleston
estuarine
system.\1\
Bottlenose
dolphin, Indian
River Lagoon
estuarine system.
Bottlenose
dolphin,
Jacksonville
estuarine system.
Bottlenose
dolphin, Northern
FL coastal.\1\
Bottlenose
dolphin, Northern
GA/Southern SC
estuarine system.
Bottlenose
dolphin, Northern
Migratory
coastal.
Bottlenose
dolphin, Northern
NC estuarine
system.\1\
Bottlenose
dolphin, Northern
SC estuarine
system.
Bottlenose
dolphin, SC/GA
coastal.
Bottlenose
dolphin, Southern
GA estuarine
system.
Bottlenose
dolphin, Southern
Migratory
coastal.\1\
Bottlenose
dolphin, Southern
NC estuarine
system.
West Indian
manatee, FL.
Purse Seine Fisheries:
Gulf of Mexico menhaden 40-42............. Bottlenose
purse seine. dolphin, GMX bay,
sound, estuarine.
Bottlenose
dolphin,
Mississippi River
Delta.
Bottlenose
dolphin,
Mississippi
Sound, Lake
Borgne, Bay
Boudreau.
Bottlenose
dolphin, Northern
GMX coastal.\1\
Bottlenose
dolphin, Western
GMX coastal.\1\
Mid-Atlantic menhaden purse 17................ Bottlenose
seine \2\. dolphin, Northern
Migratory
coastal.
Bottlenose
dolphin, Southern
Migratory
coastal.
Haul/Beach Seine Fisheries:
Mid-Atlantic haul/beach 359............... Bottlenose
seine. dolphin, Northern
Migratory
coastal.\1\
Bottlenose
dolphin, Northern
NC estuarine
system.\1\
Bottlenose
dolphin, Southern
Migratory
coastal.\1\
NC long haul seine.......... 10................ Bottlenose
dolphin, Northern
NC estuarine
system.\1\
Bottlenose
dolphin, Southern
NC estuarine
system.
Stop Seine/Weir/Pound Net:
U.S. Mid-Atlantic mixed unknown Bottlenose
species stop seine/weir/ dolphin, Northern
pound net (except the NC NC estuarine
roe mullet stop net). system.
Stop Net Fisheries:
NC roe mullet stop net...... 1................. Bottlenose
dolphin, Northern
NC estuarine
system.
Bottlenose
dolphin, unknown
(Southern
migratory coastal
or Southern NC
estuarine
system).
Pound Net Fisheries:
VA pound net................ 20................ Bottlenose
dolphin, Northern
migratory
coastal.
Bottlenose
dolphin, Northern
NC estuarine
system.
Bottlenose
dolphin, Southern
Migratory
coastal.\1\
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
Gillnet Fisheries:
Caribbean gillnet........... 127 None documented in
the most recent 5
years of data.
DE River inshore gillnet.... unknown........... None documented in
the most recent 5
years of data.
Long Island Sound inshore unknown........... None documented in
gillnet. the most recent 5
years of data.
RI, southern MA (to Monomoy unknown........... None documented in
Island), and NY Bight the most recent 5
(Raritan and Lower NY Bays) years of data.
inshore gillnet.
Southeast Atlantic inshore unknown........... Bottlenose
gillnet. dolphin, Northern
SC estuarine
system.
Trawl Fisheries:
Atlantic shellfish bottom >58............... None documented.
trawl.
Gulf of Mexico butterfish 2................. Bottlenose
trawl. dolphin, Northern
GMX oceanic.
Bottlenose
dolphin, Northern
GMX continental
shelf.
[[Page 62765]]
Gulf of Mexico mixed species 20................ None documented.
trawl.
GA cannonball jellyfish 1................. Bottlenose
trawl. dolphin, SC/GA
coastal.
Marine Aquaculture Fisheries:
Finfish aquaculture......... 48................ Harbor seal, WNA.
Shellfish aquaculture....... unknown........... None documented.
Purse Seine Fisheries:
Gulf of Maine Atlantic >7................ Harbor seal, WNA.
herring purse seine.
Gulf of Maine menhaden purse >2................ None documented.
seine.
FL West Coast sardine purse 10................ None documented.
seine.
U.S. Atlantic tuna purse 5................. None documented in
seine *. most recent 5
years of data.
Longline/Hook and Line
Fisheries:
Northeast/Mid-Atlantic >1,207............ None documented.
bottom longline/hook-and-
line.
Gulf of Maine, U.S. Mid- 2,846............. Humpback whale,
Atlantic tuna, shark, Gulf of Maine.
swordfish hook-and-line/
harpoon.
Southeastern U.S. Atlantic, >5,000............ Bottlenose
Gulf of Mexico, and dolphin, GMX
Caribbean snapper-grouper continental
and other reef fish bottom shelf.
longline/hook-and-line.
Southeastern U.S. Atlantic, 39................ Bottlenose
Gulf of Mexico shark bottom dolphin, Eastern
longline/hook-and-line. GMX coastal.
Bottlenose
dolphin, Northern
GMX continental
shelf.
Southeastern U.S. Atlantic, 680............... None documented.
Gulf of Mexico, and
Caribbean pelagic hook-and-
line/harpoon.
U.S. Atlantic, Gulf of unknown........... Bottlenose
Mexico trotline. dolphin,
Galveston Bay,
East Bay, Trinity
Bay.
Trap/Pot Fisheries:
Caribbean mixed species trap/ 154............... Bottlenose
pot. dolphin, Puerto
Rico and United
States Virgin
Islands.
Caribbean spiny lobster trap/ 40................ None documented.
pot.
FL spiny lobster trap/pot... 1,268............. Bottlenose
dolphin, Biscayne
Bay estuarine.
Bottlenose
dolphin, Central
FL coastal.
Bottlenose
dolphin, Eastern
GMX coastal.
Bottlenose
dolphin, FL Bay.
Bottlenose
dolphin, FL Keys.
Gulf of Mexico blue crab 4,113............. Bottlenose
trap/pot. dolphin,
Barataria Bay.
Bottlenose
dolphin,
Caloosahatchee
River.
Bottlenose
dolphin, Eastern
GMX coastal.
Bottlenose
dolphin, GMX bay,
sound, estuarine.
Bottlenose
dolphin,
Mississippi
Sound, Lake
Borgne, Bay
Boudreau.
Bottlenose
dolphin, Mobile
Bay, Bonsecour
Bay.
Bottlenose
dolphin, Northern
GMX coastal.
Bottlenose
dolphin,
Waccasassa Bay,
Withlacoochee
Bay, Crystal Bay.
Bottlenose
dolphin, Western
GMX coastal.
West Indian
manatee, FL.
Gulf of Mexico mixed species unknown........... None documented.
trap/pot.
Southeastern U.S. Atlantic, 10................ None documented.
Gulf of Mexico golden crab
trap/pot.
U.S. Mid-Atlantic eel trap/ unknown........... None documented.
pot.
Stop Seine/Weir/Pound Net/
Floating Trap/Fyke Net
Fisheries:
Gulf of Maine herring and >1................ Harbor porpoise,
Atlantic mackerel stop GME/BF.
seine/weir.
Harbor seal, WNA.
Minke whale,
Canadian east
coast.
Atlantic white-
sided dolphin,
WNA.
U.S. Mid-Atlantic crab stop 2,600............. None documented.
seine/weir.
RI floating trap............ 9................. None documented.
Northeast and Mid-Atlantic unknown........... None documented.
fyke net.
Dredge Fisheries:
Gulf of Maine sea urchin unknown........... None documented.
dredge.
Gulf of Maine mussel dredge. unknown........... None documented.
Gulf of Maine, U.S. Mid- >403.............. None documented.
Atlantic sea scallop dredge.
Mid-Atlantic blue crab unknown........... None documented.
dredge.
Mid-Atlantic soft-shell clam unknown........... None documented.
dredge.
Mid-Atlantic whelk dredge... unknown........... None documented.
U.S. Mid-Atlantic/Gulf of 7,000............. None documented.
Mexico oyster dredge.
New England and Mid-Atlantic unknown........... None documented.
offshore surf clam/quahog
dredge.
Haul/Beach Seine Fisheries:
Caribbean haul/beach seine.. 38................ West Indian
manatee, Puerto
Rico.
Gulf of Mexico haul/beach unknown........... None documented.
seine.
Southeastern U.S. Atlantic 25................ None documented.
haul/beach seine.
Dive, Hand/Mechanical Collection
Fisheries:
Atlantic Ocean, Gulf of 20,000............ None documented.
Mexico, Caribbean shellfish
dive, hand/mechanical
collection.
Gulf of Maine urchin dive, unknown........... None documented.
hand/mechanical collection.
Gulf of Mexico, Southeast unknown........... None documented.
Atlantic, Mid-Atlantic, and
Caribbean cast net.
Commercial Passenger Fishing
Vessel (Charter Boat)
Fisheries:
Atlantic Ocean, Gulf of 4,000............. Bottlenose
Mexico, Caribbean dolphin,
commercial passenger Barataria Bay
fishing vessel. estuarine system.
Bottlenose
dolphin, Biscayne
Bay estuarine.
Bottlenose
dolphin, Central
FL coastal.
Bottlenose
dolphin,
Charleston
estuarine system.
Bottlenose
dolphin,
Choctawhatchee
Bay.
[[Page 62766]]
Bottlenose
dolphin, Eastern
GMX coastal.
Bottlenose
dolphin, FL Bay.
Bottlenose
dolphin, GMX bay,
sound, estuarine.
Bottlenose
dolphin, Indian
River Lagoon
estuarine system.
Bottlenose
dolphin,
Jacksonville
estuarine system.
Bottlenose
dolphin,
Mississippi
Sound, Lake
Borgne, Bay
Boudreau.
Bottlenose
dolphin, Northern
FL coastal.
Bottlenose
dolphin, Northern
GA/Southern SC
estuarine.
Bottlenose
dolphin, Northern
GMX coastal.
Bottlenose
dolphin, Northern
migratory
coastal.
Bottlenose
dolphin, Northern
NC estuarine.
Bottlenose
dolphin, Southern
migratory
coastal.
Bottlenose
dolphin, Southern
NC estuarine
system.
Bottlenose
dolphin, SC/GA
coastal.
Bottlenose
dolphin, Western
GMX coastal.
Short-finned pilot
whale, WNA.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2:
DE--Delaware; FL--Florida; GA--Georgia; GME/BF--Gulf of Maine/Bay of
Fundy; GMX--Gulf of Mexico; MA--Massachusetts; NC--North Carolina; NY--
New York; RI--Rhode Island; SC--South Carolina; VA--Virginia; WNA--
Western North Atlantic;
\1\ Fishery classified based on mortalities and serious injuries of this
stock, which are greater than or equal to 50 percent (Category I) or
greater than 1 percent and less than 50 percent (Category II) of the
stock's PBR;
\2\ Fishery classified by analogy; and
* Fishery has an associated high seas component listed in table 3.
Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
Marine mammal
Number of HSFCA species and/or
Fishery description permits stocks incidentally
killed or injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
Longline Fisheries:
Atlantic Highly Migratory 30 Atlantic spotted
Species *. dolphin, WNA.
Bottlenose dolphin,
Northern GMX
oceanic.
Bottlenose dolphin,
WNA offshore.
Common dolphin,
WNA.
Cuvier's beaked
whale, WNA.
False killer whale,
WNA.
Killer whale, GMX
oceanic.
Kogia spp. whale
(Pygmy or dwarf
sperm whale), WNA.
Long-finned pilot
whale, WNA.
Mesoplodon beaked
whale, WNA.
Minke whale,
Canadian East
coast.
Pantropical spotted
dolphin, WNA.
Risso's dolphin,
GMX.
Risso's dolphin,
WNA.
Short-finned pilot
whale, WNA.
Western Pacific Pelagic (HI 146 Bottlenose dolphin,
Deep-set component) * HI Pelagic.
[supcaret].
False killer whale,
HI Pelagic.
Kogia spp. (Pygmy
or dwarf sperm
whale), HI.
Risso's dolphin,
HI.
Rough-toothed
dolphin, HI.
Short-finned pilot
whale, HI.
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
Drift Gillnet Fisheries:
Pacific Highly Migratory 2 Long-beaked common
Species * [supcaret]. dolphin, CA.
Humpback whale, CA/
OR/WA.
Northern right-
whale dolphin, CA/
OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Risso's dolphin, CA/
OR/WA.
Short-beaked common
dolphin, CA/OR/WA.
Trawl Fisheries:
CCAMLR....................... 0 Antarctic fur seal.
Purse Seine Fisheries:
Western and Central Pacific 14 Bottlenose dolphin,
Ocean Tuna Purse Seine. unknown.
Blue whale,
unknown.
Bryde's whale,
unknown.
False killer whale,
unknown.
Fin whale, unknown.
Indo-Pacific
dolphin.
Long-beaked common
dolphin, unknown.
Melon-headed whale,
unknown.
Minke whale,
unknown.
Pantropical spotted
dolphin, unknown.
Risso's dolphin,
unknown.
[[Page 62767]]
Rough-toothed
dolphin, unknown.
Sei whale, unknown.
Short-finned pilot
whale, unknown.
Sperm whale,
unknown.
Spinner dolphin,
unknown.
Western Pacific Pelagic...... 0 No information.
Longline Fisheries:
CCAMLR....................... 0 None documented.
South Pacific Albacore Troll. 6 No information.
Western Pacific Pelagic (HI 14 Bottlenose dolphin,
Shallow-set component) * HI Pelagic.
[supcaret].
False killer whale,
HI Pelagic.
Guadalupe fur seal.
Risso's dolphin,
HI.
Striped dolphin,
HI.
Handline/Pole and Line Fisheries:
Atlantic Highly Migratory 0 No information.
Species.
Pacific Highly Migratory 36 No information.
Species.
South Pacific Albacore Troll. 1 No information.
Western Pacific Pelagic...... 1 No information.
Troll Fisheries:
Atlantic Highly Migratory 0 No information.
Species.
South Pacific Albacore Troll. 23 No information.
Western Pacific Pelagic...... 6 No information.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
Longline Fisheries:
Northwest Atlantic Bottom 1 None documented.
Longline.
Pacific Highly Migratory 119 None documented in
Species. the most recent 5
years of data.
Purse Seine Fisheries:
Pacific Highly Migratory 1 None documented.
Species * [supcaret].
Trawl Fisheries:
Northwest Atlantic........... 1 None documented.
Troll Fisheries:
Pacific Highly Migratory 95 None documented.
Species *.
------------------------------------------------------------------------
List of Terms, Abbreviations, and Symbols Used in Table 3:
CA--California; GMX--Gulf of Mexico; HI--Hawaii; OR--Oregon; WA--
Washington; WNA--Western North Atlantic;
* Fishery is an extension/component of an existing fishery operating
within U.S. waters listed in table 1 or 2. The number of permits
listed in table 3 represents only the number of permits for the high
seas component of the fishery; and
[supcaret] The list of marine mammal species and/or stocks killed or
injured in this fishery is identical to the list of marine mammal
species and/or stocks killed or injured in U.S. waters component of
the fishery, minus species and/or stocks that have geographic ranges
exclusively in coastal waters, because the marine mammal species and/
or stocks are also found on the high seas and the fishery remains the
same on both sides of the EEZ boundary. Therefore, the high seas
components of these fisheries pose the same risk to marine mammals as
the components of these fisheries operating in U.S. waters.
Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
Take reduction plans Affected fisheries
------------------------------------------------------------------------
Atlantic Large Whale Take Reduction Category I:
Plan (ALWTRP)--50 CFR 229.32. Mid-Atlantic gillnet.
Northeast/Mid-Atlantic American
lobster and Jonah crab trap/
pot.
Northeast sink gillnet.
Category II:
Atlantic blue crab trap/pot.
Atlantic mixed species trap/
pot.
MA mixed species trap/pot.
Northeast drift gillnet.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic
shark gillnet.*
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab trap/
pot.[supcaret]
Bottlenose Dolphin Take Reduction Plan Category I:
(BDTRP)--50 CFR 229.35. Mid-Atlantic gillnet.
[[Page 62768]]
Category II:
Atlantic blue crab trap/pot.
Chesapeake Bay inshore gillnet
fishery.
Mid-Atlantic haul/beach seine.
Mid-Atlantic menhaden purse
seine.
NC inshore gillnet.
NC long haul seine.
NC roe mullet stop net.
Southeast Atlantic gillnet.
Southeastern U.S. Atlantic
shark gillnet.
Southeastern U.S. Atlantic,
Gulf of Mexico shrimp
trawl.[supcaret]
Southeastern, U.S. Atlantic,
Gulf of Mexico stone crab trap/
pot.[supcaret]
U.S. Mid-Atlantic mixed species
stop seine/weir/pound net
(except the NC roe mullet stop
net).
VA pound net.
False Killer Whale Take Reduction Plan Category I:
(FKWTRP)--50 CFR 229.37. HI deep-set longline.
Category II:
HI shallow-set longline.
Harbor Porpoise Take Reduction Plan Category I:
(HPTRP)--50 CFR 229.33 (New England) Mid-Atlantic gillnet.
and 229.34 (Mid-Atlantic). Northeast sink gillnet.
Pelagic Longline Take Reduction Plan Category I:
(PLTRP)--50 CFR 229.36. Atlantic Ocean, Caribbean, Gulf
of Mexico large pelagics
longline.
Pacific Offshore Cetacean Take Category II:
Reduction Plan (POCTRP)--50 CFR 229.31. CA thresher shark/swordfish
drift gillnet (>=14 in mesh).
Atlantic Trawl Gear Take Reduction Team Category II:
(ATGTRT). Mid-Atlantic bottom trawl.
Mid-Atlantic mid-water trawl
(including pair trawl).
Northeast bottom trawl.
Northeast mid-water trawl
(including pair trawl).
------------------------------------------------------------------------
List of Symbols Used in Table 4:
* Only applicable to the portion of the fishery operating in U.S.
waters; and
[supcaret] Only applicable to the portion of the fishery operating in
the Atlantic Ocean.
Classification
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
Any entity with combined annual fishery landing receipts less than $11
million is considered a small entity for purposes of the Regulatory
Flexibility Act. Under the size standard, all entities subject to this
action were considered small entities; thus, they all would continue to
be considered small under the new standards.
Under existing regulations, all individuals participating in
Category I or II fisheries must register under the MMPA and obtain an
authorization certificate. The authorization certificate authorizes the
taking of marine mammals incidental to commercial fishing operations
under the MMPA. Additionally, individuals may be subject to a TRP and
requested to carry an observer. NMFS has estimated that up to
approximately 49,014 fishing vessels, most with annual revenues below
the SBA's small entity thresholds, may operate in Category I or II
fisheries. As fishing vessels operating in Category I or II fisheries,
they are required to register with NMFS. The MMPA registration process
is integrated with existing state and Federal licensing, permitting,
and registration programs. Therefore, individuals who have a state or
Federal fishing permit or landing license, or who are authorized
through another related state or Federal fishery registration program,
are currently not required to register separately under the MMPA or pay
the $25 registration fee. Through this integrated process, registration
under the MMPA, including the $25 registration fee, is only required
for vessels participating in a Category I or II non-permitted fishery.
All Category I and II fisheries listed on the 2024 proposed LOF are
permitted through state or Federal processes, and registration under
the MMPA is covered through the integrated process. Therefore, this
proposed rule would not impose any direct costs on small entities.
The MMPA requires any vessel owner or operator participating in a
fishery listed on the LOF to report to NMFS, within 48 hours of the end
of the fishing trip, all marine mammal incidental mortalities and
injuries that occur during commercial fishing operations. These marine
mammal mortalities and injuries are reported using a postage-paid,
Office of Management and Budget (OMB) approved form (OMB Control Number
0648-0292). This postage-paid form requires less than 15 minutes to
complete and can be dropped in any mailbox, faxed, emailed, or
completed online within 48 hours of the vessel's return to port.
Therefore, recordkeeping and reporting costs associated with this LOF
are minimal and would not have a significant impact on a substantial
number of small entities.
If a vessel is requested to carry an observer, vessels will not
incur any direct economic costs associated with carrying that observer.
As a result of this certification, an initial regulatory flexibility
analysis is not required and none has been prepared. In the event that
reclassification of a fishery to Category I or II results in a TRP,
economic analyses of the effects of that TRP would be summarized in
subsequent rulemaking actions.
This proposed rule contains existing collection-of-information
(COI) requirements subject to the Paperwork Reduction Act and would not
impose
[[Page 62769]]
additional or new COI requirements. The COI for the registration of
individuals under the MMPA has been approved by the OMB under OMB
Control Number 0648-0293 (0.15 hours per report for new registrants).
The requirement for reporting marine mammal mortalities or injuries has
been approved by OMB under OMB Control Number 0648-0292 (0.15 hours per
report). These estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the COI. Send comments regarding
these reporting burden estimates or any other aspect of the COI,
including suggestions for reducing burden, to NMFS (see ADDRESSES). You
may also submit comments on these or any other aspects of the
collection of information at <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 proposed rule has been determined to be not significant for
the purposes of Executive Orders 12866 and 13563.
In accordance with the Companion Manual for NOAA Administrative
Order (NAO) 216-6A, NMFS determined that publishing this proposed LOF
qualifies to be categorically excluded from further NEPA review,
consistent with categories of activities identified in Categorical
Exclusion G7 (``Preparation of policy directives, rules, regulations,
and guidelines of an administrative, financial, legal, technical, or
procedural nature, or for which the environmental effects are too
broad, speculative or conjectural to lend themselves to meaningful
analysis and will be subject later to the NEPA process, either
collectively or on a case-by-case basis'') of the Companion Manual and
we have not identified any extraordinary circumstances listed in
Chapter 4 of the Companion Manual for NAO 216-6A that would preclude
application of this categorical exclusion. If NMFS takes a management
action, for example, through the development of a TRP, NMFS would first
prepare an Environmental Impact Statement or Environmental Assessment,
as required under NEPA, specific to that action.
This proposed rule would not affect species listed as threatened or
endangered under the ESA or their associated critical habitat. The
impacts of numerous fisheries have been analyzed in various biological
opinions, and this proposed rule will not affect the conclusions of
those opinions. The classification of fisheries on the LOF is not
considered to be a management action that would adversely affect
threatened or endangered species. If NMFS takes a management action,
for example, through the development of a TRP, NMFS would consult under
ESA section 7 on that action.
This proposed rule would have no adverse impacts on marine mammals
and may have a positive impact on marine mammals by improving knowledge
of marine mammals and the fisheries interacting with marine mammals
through information collected from observer programs, stranding and
sighting data, or take reduction teams.
This proposed rule would not affect the land or water uses or
natural resources of the coastal zone, as specified under section 307
of the Coastal Zone Management Act.
References
Carretta, J.W., J. Greenman, K. Wilkinson, L. Saez, D. Lawson and J.
Viezbicke. In Review. Sources of human-related injury and mortality
for U.S. Pacific west coast marine mammal stock assessments, 2017-
2021.
Carretta, J.W., E.M. Oleson, K.A. Forney, M.M. Muto, D.W. Weller,
A.R. Lang, J. Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. Moore, and
R.L. Brownell. 2023. U.S. Pacific Marine Mammal Stock Assessments:
2022. U.S. Department of Commerce. NOAA Technical Memorandum NMFS-
SWFSC-684. 409 p.
Freed, J.C., N.C. Young, B.J. Delean, V.T. Helker, M.M. Muto, K.M.
Savage, S.S. Teerlink, L.A. Jemison, K.M. Wilkinson, and J.E.
Jannot. 2022. Human-Caused Mortality and Injury of NMFS-Managed
Alaska Marine Mammal Stocks, 2016-2020. U.S. Department of Commerce.
NOAA Tech. Memo. NMFS-AFSC-442, 116 p.
Hayes, S.A., E. Josephson, K. Maze-Foley, P.E. Rosel and J. Wallace.
Editors. 2023. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock
Assessments 2022. U.S. Department of Commerce. NOAA Technical
Memorandum NMFS-NE-304. 262 p.
Hayes, S.A., E. Josephson, K. Maze-Foley, P.E. Rosel and J. Wallace.
Editors. 2022. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock
Assessments 2021. U.S. Department of Commerce, NOAA Technical
Memorandum. 386 p.
Maze-Foley, K. and L.P. Garrison. In Prep. Serious Injury
Determinations for Small Cetaceans off the Southeast U.S. Coast,
2017-2021.
Young, N.C., M.M. Muto, V.T. Helker, B.J. Delean, N.C. Young, J.C.
Freed R.P. Angliss, N.A. Friday, P.L. Boveng, J.M. Breiwick, B.M.
Brost, M.F. Cameron, P.J. Clapham, J.L. Crance, S.P. Dahle, M.E.
Dahlheim, B.S. Fadely, M.C. Ferguson, L.W. Fritz, K.T. Goetz, R.C.
Hobbs, Y.V. Ivashchenko, A.S. Kennedy, J.M. London, S.A. Mizroch,
R.R. Ream, E.L. Richmond, K.E.W. Shelden, K.L. Sweeney, R.G. Towell,
P.R. Wade, J.M. Waite, and Alexandre N. Zerbini. 2023. Alaska Marine
Mammal Stock Assessments 2022. U.S. Department of Commerce. NOAA
Technical Memorandum NMFS-AFSC-474, 316 p.
Dated: September 7, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-19721 Filed 9-12-23; 8:45 am]
BILLING CODE 3510-22-P
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