Proposed Rule2024-21835
Marine Mammal Protection Act List of Fisheries for 2025
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 24, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is publishing its proposed List of Fisheries (LOF) for 2025, as required by the Marine Mammal Protection Act (MMPA). The proposed LOF for 2025 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based on the level of mortality and serious injury (M/SI) 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 regarding registration, observer coverage, and take reduction plan (TRP) requirements.
Full Text
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<title>Federal Register, Volume 89 Issue 185 (Tuesday, September 24, 2024)</title>
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[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Proposed Rules]
[Pages 77789-77810]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21835]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 240911-0235]
RIN 0648-BM91
Marine Mammal Protection Act List of Fisheries for 2025
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comment.
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SUMMARY: NMFS is publishing its proposed List of Fisheries (LOF) for
2025, as required by the Marine Mammal Protection Act (MMPA). The
proposed LOF for 2025 reflects new information on interactions between
commercial fisheries and marine mammals. NMFS must classify each
commercial fishery on the LOF into one of three categories under the
MMPA based on the level of mortality and serious injury (M/SI) 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 regarding registration, observer coverage, and take reduction
plan (TRP) requirements.
DATES: Comments must be received by October 24, 2024.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2024-0037">https://www.regulations.gov/docket/NOAA-NMFS-2024-0037</a>. You may
submit comments on this document, identified by NOAA-NMFS-2024-0037, by
either of the following methods:
Electronic Submission: Submit all electronic public comments via
the
[[Page 77790]]
Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
enter NOAA-NMFS-2024-0037 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), 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; Jamie Marchetti 808-725-5108, 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
M/SI 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 regarding registration,
observer coverage, and TRP 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 M/SI for a
particular stock. If the total annual M/SI 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 M/SI is greater than 10 percent of
PBR). Otherwise, these fisheries are subject to the next tier of
analysis (Tier 2) to determine their classification.
Tier 2: Tier 2 considers fishery-specific M/SI for a particular
stock.
Category I: Annual M/SI of a stock in a given fishery is greater
than or equal to 50 percent of the PBR level (i.e., frequent incidental
M/SI of marine mammals).
Category II: Annual M/SI 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 M/SI of marine mammals).
Category III: Annual M/SI 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 M/SI 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). The superscript ``1'' in tables 1 and 2 identifies stocks
whose incidental M/SI determines a fishery's higher classification.
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 Category
II and III fisheries (50 CFR 229.2). In the absence of reliable
information indicating the frequency of incidental M/SI of marine
mammals by a commercial fishery, NMFS will determine the level of
incidental mortality or serious injury 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.
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 below 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
[[Page 77791]]
are included as incidentally killed or injured in a fishery, NMFS
annually reviews the information presented in the current SARs and
injury determination reports. SARs are brief reports summarizing the
status of each stock of marine mammals occurring in waters under U.S.
jurisdiction. Information includes the identity and geographic range of
the stock, population statistics related to abundance, trend, and
annual productivity, notable habitat concerns, and estimates of human-
caused 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 2025 LOF generally
summarizes data from 2017-2021. NMFS also reviews other sources of new
information, including injury determination reports, bycatch estimation
reports, observer data, logbook data, stranding data, disentanglement
network data, fishermen self-reports (i.e., MMPA mortality/injury
reports), and anecdotal reports from that time period. In some cases,
more recent information may be available and used in the LOF.
For fisheries with observer coverage, species or stocks are
generally removed from the list of marine mammal species and/or stocks
incidentally killed or injured if no interactions are documented in the
5-year timeframe summarized in that year's LOF. For fisheries with no
observer coverage and for observed fisheries with evidence indicating
that undocumented interactions may be occurring (e.g., fishery has low
observer coverage and stranding network data include evidence of
fisheries interactions that cannot be attributed to a specific
fishery), species and stocks may be retained for longer than 5 years.
For these fisheries, NMFS will review the other sources of information
listed above and use its discretion to decide when it is appropriate to
remove a species or stock.
Where does NMFS obtain information on the level of observer coverage
and resulting data 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 M/SI 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. 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 M/SI of marine mammals. Fishery information
presented in the SARs' appendices and other resources referenced during
the tier analysis may include the 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. 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 and detailed
descriptions of each Category I and II fishery on the LOF 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?
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. Many fisheries operate in both U.S. waters and on the
high seas, creating some overlap between the fisheries listed in tables
1 and 2 and those in table 3. In these cases, the high seas component
of the fishery is not considered a separate fishery but an extension of
a fishery operating within U.S. waters (listed in table 1 or 2). NMFS
designates those fisheries in tables 1, 2, and 3 with an asterisk (*)
after the fishery's name. The number of HSFCA permits listed in table 3
for the high seas components of these fisheries operating in U.S.
waters does not necessarily represent additional effort not accounted
for in tables 1 and 2. Many vessels/participants holding HSFCA permits
also fish within U.S. waters and are included in the number of vessels
and participants operating within those fisheries in tables 1 and 2.
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.
[[Page 77792]]
Am I required to register under the MMPA?
Owners of vessels or gear engaging in a Category I or II fishery
are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50
CFR 229.4, to register with NMFS and obtain a marine mammal
authorization to lawfully take marine mammals incidental to commercial
fishing operations. The take of threatened or endangered marine mammals
requires additional authorization. Owners of vessels or gear engaged in
a Category III fishery are not required to register with NMFS or obtain
a marine mammal authorization.
How do I register, renew, and receive my Marine Mammal Authorization
Program (MMAP) authorization certificate?
NMFS has integrated the MMPA registration process, implemented
through the MMAP, with existing State and Federal fishery license,
registration, or permit systems for Category I and II fisheries on the
LOF. Participants in these fisheries are automatically registered under
the MMAP and are not required to submit registration or renewal
materials.
In the Pacific Islands, West Coast, and Alaska regions, NMFS will
issue vessel or gear owners an authorization certificate via U.S. mail
or with their State or Federal license or permit at the time of
issuance or renewal. In the Greater Atlantic and Southeast Regions,
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#6d03000b1e430a0c1f4300000c1d0e081f192d03020c0c430a021b"><span class="__cf_email__" data-cfemail="204e4d46530e4741520e4d4d415043455254604e4f41410e474f56">[email protected]</span></a> or 978-281-9120 in the Greater
Atlantic Region or the MMAP Hotline at 727-209-5952 in the Southeast
Region.
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 (physical or electronic)
must be on board the vessel while it is operating in a Category I or II
fishery or for non-vessel fisheries, in the possession of the person in
charge of the fishing operation (50 CFR 229.4(e)). Although efforts are
made to limit the issuance of authorization certificates to only those
vessel or gear owners that participate in Category I or II fisheries,
not all State and Federal license or permit systems distinguish between
fisheries as classified by the LOF. Therefore, some vessel or gear
owners in Category III fisheries may receive authorization certificates
even though they are not required for Category III fisheries.
Individuals fishing in Category I and II fisheries for which no
State or Federal license or permit is required must register with NMFS
by contacting their appropriate Regional Office (see ADDRESSES).
Am I required to submit reports when I kill or injure a marine mammal
during the course of commercial fishing operations?
In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6,
any vessel owner or operator or gear owner or operator (in the case of
non-vessel fisheries) participating in a fishery listed on the LOF must
report to NMFS all incidental mortalities and injuries of marine
mammals that occur during commercial fishing operations, regardless of
the category in which the fishery is placed (i.e., Category I, Category
II, or Category III) within 48 hours of the end of the fishing trip or,
in the case of non-vessel fisheries, fishing activity. ``Injury'' is
defined in 50 CFR 229.2 as a wound or other physical harm. In addition,
any animal that ingests fishing gear or any animal that is released
with fishing gear entangling, trailing, or perforating any part of the
body is considered injured regardless of the presence of any wound or
other evidence of injury and must be reported.
Mortality/injury reporting forms and instructions for submitting
forms to NMFS can be found at <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 online using the
electronic form, emailed as an attachment to <a href="/cdn-cgi/l/email-protection#6d03000b1e4300041f081d021f192d03020c0c430a021b"><span class="__cf_email__" data-cfemail="56383b3025783b3f243326392422163839373778313920">[email protected]</span></a>,
faxed to the NMFS Office of Protected Resources at 301-713-0376, or
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 LOF 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;
[[Page 77793]]
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 2025 LOF
NMFS reviewed the marine mammal incidental M/SI information
presented in the SARs for all fisheries to determine whether changes in
fishery classification were warranted. The SARs are based on the best
scientific information available at the time of preparation, including
the level of M/SI of marine mammals that occurs incidental to
commercial fishery operations and the PBR levels of marine mammal
stocks. The information contained in the SARs is reviewed by regional
Scientific Review Groups (SRGs) representing Alaska, the Pacific
(including Hawaii), and the U.S. Atlantic, Gulf of Mexico, and
Caribbean. The SRGs were established by the MMPA to review the science
that informs the SARs and to advise NMFS on marine mammal population
status, trends, and stock structure, as well as on uncertainties in the
science, research needs, and other issues (see 16 U.S.C. 1386(d)).
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 Endangered Species Act (ESA) documents.
The LOF for 2025 was based on, among other things, stranding data,
fishermen self-reports, and SARs (primarily the draft 2023 SARs, which
are based on data from 2017-2021). The SARs referenced in this LOF
include 2022 (88 FR 54592, August 11, 2023) and 2023 (89 FR 5495,
January 29, 2024). 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>. We expect that the 2023 SARs will be
finalized before the final 2025 LOF is published.
Summary of Changes to the LOF for 2025
The following summarizes proposed changes to the LOF for 2025,
including the classification of fisheries, fisheries listed, the
estimated number of vessels/persons in a particular fishery, and the
species and/or stocks that are incidentally killed or injured in a
particular fishery. NMFS proposes to add seven fisheries, remove one
fishery and reclassify one fishery in the LOF for 2025. NMFS also
proposes 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 2025
are identical to those provided in the LOF for 2024, except for the
changes discussed below. State and regional abbreviations used in the
following paragraphs include AK (Alaska), CA (California), HI (Hawaii),
MA (Massachusetts) OR (Oregon), and WA (Washington).
Commercial Fisheries in the Pacific Ocean
Classification of Fisheries
NMFS proposes to reclassify the Category I CA Dungeness crab pot
fishery to a Category II fishery. The most recent estimate of annual M/
SI of the Central America/Southern Mexico-CA/OR/WA stock of humpback
whales from 2017 through 2021 is 1.18, which is 33.8 percent of this
stock's PBR of 3.5 (Carretta et al., 2023; Carretta et al., 2023a).
Because the estimated M/SI is between 1 and 50 percent of the stock's
PBR, NMFS proposes to reclassify the CA Dungeness crab pot fishery from
a Category I to a Category II fishery.
Addition of Fisheries
NMFS proposes to add the AK invertebrate aquaculture fishery as a
Category III fishery. Operations occur statewide but are primarily in
Southeast Alaska, Prince William Sound, and Kachemak Bay. Invertebrate
aquaculture in Alaska is generally stationary aquatic farms for
commercial production of oysters. Gear is stagnant in the water and
generally occurs in shallow depths with an average aquatic farm depth
15 feet. Invertebrate aquaculture is managed and permitted by the State
of Alaska. There are 46 active permits for invertebrate aquaculture in
Alaska.
Marine invertebrate species cultivated include Pacific oyster
(Magallana gigas), blue mussel (Mytilus trossulus), Arctic razor clam
(Siliqua alta), Pacific razor clam (Siliqua patula), littleneck clam
(Leukoma staminea), butter clam (Saxidomus giganteus), Pacific geoduck
(Panopea abrupta), cockle species, scallop species, sea urchin species,
King crab species, pinto abalone and red sea cucumber.
Currently, the majority of invertebrate aquaculture farms in Alaska
use stacked wire-mesh trays hanging from rafts or longlines with
minimal horizontal lines on the surface. There are a number of
different methods of invertebrate aquaculture, including onshore or
floating hatcheries/nurseries, bottom planting, on-bottom culture, and
suspended culture. Each of these methods may employ a variety of gear
types and materials.
Bottom planting methods involve seeding the substrate with larvae.
These ``clam beds'' are often protected from predators and
environmental stressors by mesh netting, PVC tubes, or other materials.
Harvest methods may include hand collection, raking, and use of divers
and water jets.
On-bottom culture methods generally use cages, racks, or bags
attached to the substrate in shallow waters. Suspended culture methods
are used in shallow and deeper waters and generally employ racks,
cages, nets, and/or bags attached to longlines or floating rafts that
are anchored to the substrate. Harvests of on-bottom and suspended
methods may be manual or mechanically assisted (e.g., cranes or winches
attached to work skiffs or barges).
Commercial invertebrate aquaculture has been permitted by the State
of Alaska since the 1980s, and there are no known marine mammal M/SI
incidental to invertebrate aquaculture in Alaska. Therefore, no marine
mammal species/stocks are identified in table 1. Marine mammal species/
stocks will be added to the list if incidental mortalities or injuries
are documented in this fishery.
NMFS proposes to add the AK macroalgae aquaculture fishery as a
Category III fishery. Operations occur statewide but are primarily in
Southeast Alaska, Prince William Sound, and Kachemak Bay. Macroalgae
aquaculture gear is stagnant in the water and generally occurs in
shallow depths with an average aquatic farm depth 15 feet. Macroalgae
aquaculture is managed and permitted by the State of Alaska. There are
39 active permits for macroalgae aquaculture in Alaska.
Species cultivated are species native to Alaska, including bull
kelp, giant kelp, red ribbon-dulse ribbon kelp, black seaweed-nori,
sugar kelp, dragon kelp, sea lettuce, three-ribbed kelp, and seagrass
laver.
Gear used for macroalgae production varies depending on the species
cultured, scale of operations, environmental conditions, cost of gear,
maintenance requirements, and harvest strategy. Production can be as
small as a single line with an anchor on bottom and a buoy on top or as
complex as industrial longline production systems. Most macroalgae is
grown close to shore in shallow waters and close to the surface for
sufficient sunlight for photosynthesis. The primary methods
[[Page 77794]]
are longlines, grid/array systems, and raft/net systems.
Commercial macroalgae aquaculture has been permitted by the State
of Alaska since 2016, and there are no known marine mammal M/SI
incidental to macroalgae aquaculture in Alaska. In addition, University
of Alaska Southeast (UAS) and the University of Alaska Fairbanks (UAF)
provided comments on the proposed LOF for 2024 (88 FR 62748, September
13, 2023) in response to NMFS' request for public input on aquaculture
fishery descriptions. UAS and UAF have ongoing aquaculture research,
including longline kelp installments near Juneau, Alaska. They both
provided their observations of marine mammals near their aquaculture
research locations. UAS and UAF commented that there are reports of
marine mammals near the longline kelp gear but no entanglements or
known physical interactions have occurred. Therefore, no marine mammal
species/stocks are identified in table 1. Marine mammal species/stocks
will be added to the list if incidental mortalities or injuries are
documented in this fishery.
Fishery Name and Organizational Changes and Clarifications
NMFS proposes to add the superscript ``1'' to the Central America/
Southern Mexico-CA/OR/WA stocks of humpback whale to indicate that M/SI
of the stock is determining the Category II classification of the CA
thresher shark/swordfish drift gillnet (>=14 inch (in) mesh) fishery.
NMFS also proposes to remove the superscript ``1'' from the CA/OR/WA
stock of sperm whale to indicate that M/SI of the stock is no longer
determining in the Category II classification of the CA thresher shark/
swordfish drift gillnet (>=14 in mesh) fishery.
NMFS proposes to add the superscript ``1'' to the Eastern North
Pacific stock of blue whale to indicate that M/SI of the stock is
determining the Category II classification of the CA Dungeness crab pot
fishery.
Number of Vessels/Persons
NMFS updates the estimated number of vessels/persons in the Pacific
Ocean (table 1) as follows:
Category II
<bullet> CA Dungeness crab pot fishery from 471 to 469 vessels/
persons;
<bullet> CA halibut/white seabass and other species set gillnet
(>3.5 in mesh) fishery from 39 to 41 vessels/persons;
<bullet> CA yellowtail, barracuda, and white seabass drift gillnet
(mesh size >=3.5 in and <14 in) fishery from 20 to eight 8 vessels/
persons;
<bullet> CA spiny lobster fishery from 189 to 174 vessels/persons;
<bullet> CA spot prawn pot fishery from 22 to 20 vessels/persons;
<bullet> OR Dungeness crab pot fishery from 323 to 352 vessels/
persons;
<bullet> WA/OR/CA sablefish pot fishery from 144 to 133 vessels/
persons;
<bullet> HI shallow-set longline fishery from 14 to 17 vessels/
persons;
<bullet> American Samoa longline fishery from 11 to 9 vessels/
persons;
<bullet> HI shortline fishery from 8 to 11 vessels/persons;
Category III
<bullet> CA herring set gillnet fishery from 11 to 9 vessels/
persons;
<bullet> WA Grays Harbor salmon drift gillnet (excluding treaty
Tribal fishing) fishery from 19 to 20 vessels/persons;
<bullet> WA/OR Mainstem Columbia River eulachon gillnet fishery
from 10 to 8 vessels/persons;
<bullet> WA/OR lower Columbia River (includes tributaries) drift
net fishery from 244 to 207 vessels/persons;
<bullet> WA Willapa Bay drift gillnet fishery from 57 to 47
vessels/persons;
<bullet> WA/OR sardine purse seine fishery from six to zero
vessels/persons;
<bullet> CA anchovy, mackerel, sardine purse seine fishery from 53
to 56 vessels/persons;
<bullet> WA/OR Lower Columbia River salmon seine fishery from one
to zero vessels/persons;
<bullet> WA/OR herring, anchovy, smelt, squid purse seine or
lampara fishery from 41 to 48 vessels/persons;
<bullet> HI lift net fishery from 14 to 13 vessels/persons;
<bullet> HI throw net, cast net fishery from 13 to 12 vessels/
persons;
<bullet> WA/OR/CA albacore surface hook and line/troll fishery from
556 to 538 vessels/persons;
<bullet> CA halibut, white seabass, and yellowtail hook and line/
handline fishery from 388 435 vessels/persons;
<bullet> American Samoa tuna troll fishery from six to five
vessels/persons;
<bullet> CA/OR/WA salmon troll fishery from 1,030 to 808 vessels/
persons;
<bullet> HI troll fishery from 1,124 to 1,186 vessels/persons;
<bullet> HI rod and reel fishery from 235 to 208 vessels/persons;
<bullet> Guam tuna troll fishery from 450 to 546 vessels/persons;
<bullet> WA/OR/CA groundfish, bottomfish longline/set line fishery
from 314 to 296 vessels/persons;
<bullet> HI kaka line fishery from 17 to 12 vessels/persons;
<bullet> HI vertical line fishery from six to less than three
vessels/persons;
<bullet> CA sea cucumber trawl fishery from 11 to 9 vessels/
persons;
<bullet> WA/OR/CA shrimp trawl fishery from 130 to 114 vessels/
persons;
<bullet> WA/OR/CA groundfish trawl fishery from 118 to 104 vessels/
persons;
<bullet> CA Tanner crab pot fishery from one to two vessels/
persons;
<bullet> WA/OR/CA hagfish pot fishery from 63 to 57 vessels/
persons;
<bullet> WA Puget Sound Dungeness crab pot/trap fishery from 145 to
139 vessels/persons;
<bullet> HI fish trap fishery from four to less than three vessels/
persons;
<bullet> HI crab net fishery from four to less than three vessels/
persons;
<bullet> HI Kona crab loop net fishery from 13 to 17 vessels/
persons;
<bullet> American Samoa bottomfish fishery from 44 to 87 vessels/
persons;
<bullet> Commonwealth of the Northern Mariana Islands bottomfish
fishery from seven to three vessels/persons;
<bullet> Guam bottomfish fishery from 63 to 93 vessels/persons;
<bullet> HI bottomfish handline fishery from 392 to 299 vessels/
persons;
<bullet> HI pelagic handline fishery from 271 to 382 vessels/
persons;
<bullet> CA/OR/WA dive collection fishery from 186 to 157 vessels/
persons;
<bullet> HI black coral diving fishery from none recorded to less
than three;
<bullet> HI handpick fishery from 25 to 24 vessels/persons;
<bullet> HI lobster diving fishery from 12 to 8 vessels/persons;
<bullet> HI spearfishing fishery from 67 to 58 vessels/persons;
<bullet> WA/OR/CA hand/mechanical collection fishery from 320 to
258 vessels/persons;
<bullet> CA nearshore finfish trap fishery from 42 to 43 vessels/
persons, and
<bullet> HI aquarium collecting fishery from none recorded to 12.
List of Species and/or Stocks Incidentally Killed or Injured in the
Pacific Ocean
NMFS proposes to correct an administrative error in table 1. Based
on public comment, NMFS added the Central America/Southern Mexico-CA/
OR/WA and Mainland Mexico-CA/OR/WA stocks of humpback whale to the list
of species/stocks incidentally killed or injured in the Category III
WA/OR/CA groundfish/finfish hook and line fishery in the final 2024 LOF
(89 FR 12257, February 16, 2024) based on a 2021 humpback whale
entanglement (Carretta et al., 2023a). Upon further review of the
entanglement report, NMFS determined the 2021 humpback whale
entanglement was not a confirmed entanglement. Because the entanglement
was not confirmed, following NMFS' Process for Distinguishing Serious
from Non-
[[Page 77795]]
Serious Injury of Marine Mammals an injury determination was not
conducted for this event (NMFS, 2023). Therefore, NMFS proposes to
remove the Central America/Southern Mexico-CA/OR/WA and Mainland
Mexico-CA/OR/WA stocks of humpback whale from the list of species/
stocks incidentally killed or injured in the Category III WA/OR/CA
groundfish/finfish hook and line fishery.
NMFS proposes to add the North Pacific stock of fin whale to the
list of species/stocks incidentally killed or injured in the Category
II AK Bering Sea, Aleutian Islands pollock trawl fishery based on a
self-reported mortality in 2019 (Freed et al., 2023).
NMFS proposes to add the CA/OR/WA stock of minke whale to the list
of species/stocks incidentally killed or injured in the Category II OR
Dungeness crab pot fishery. In 2021, a minke whale was reported
entangled in OR Dungeness crab pot gear off the coast of San Diego, CA,
with line bridled through the mouth and trailing buoys (Carretta et
al., 2023a).
NMFS proposes to add the unknown stock of beaked whale to the list
of species/stocks incidentally killed or injured in the Category II HI
shallow-set longline fishery based on an observed serious injury in
2021 (McCracken and Cooper 2022).
NMFS proposes to add the Beringia stock of bearded seal to the list
of species/stocks incidentally killed or injured in the Category III AK
Bering Sea, Aleutian Islands Pacific cod longline fishery based on an
observed mortality in 2021 (Freed et al., 2023).
NMFS proposes to remove the Bering Sea stock of harbor porpoise and
the Western North Pacific stock of humpback whale from the list of
species/stocks incidentally killed or injured in the Category II AK
Bering Sea, Aleutian Islands flatfish trawl fishery. This fishery has
100 percent observer coverage, and from 2016-2021 there have been no
reported or observed M/SI of these two stocks in the AK Bering Sea,
Aleutian Islands flatfish trawl fishery (Freed et al., 2023 and Young
et al., 2023).
NMFS proposes to remove the Alaska stock of bearded seal from the
list of species/stocks incidentally killed or injured in the Category
III AK Bering Sea, Aleutian Islands Pacific cod trawl fishery. Observer
coverage for this fishery is between 67 and 80 percent, and from 2014-
2021 there have been no reported or observed M/SI of this stock in the
AK Bering Sea, Aleutian Islands Pacific cod trawl fishery (Freed et
al., 2023).
NMFS proposes to remove the Western U.S. stock of Steller sea lion
from the list of species/stocks incidentally killed or injured in the
Category III AK Gulf of Alaska Pacific cod trawl fishery. Observer
coverage for this fishery is between 11 and 100 percent, and from 2017-
2021 there have been no reported or observed M/SI of this stock in the
AK Gulf of Alaska Pacific cod trawl fishery (Young et al., In press).
The list of species/stocks incidentally killed or injured in this
fishery is updated to state that none have been documented in the most
recent 5 years of data.
NMFS proposes to remove the Western U.S. stock of Steller sea lion
from the list of species/stocks incidentally killed or injured in the
Category III AK Gulf of Alaska rockfish trawl fishery. Observer
coverage for this fishery is between 93 and 98 percent, and from 2017-
2021 there have been no reported or observed M/SI of this stock in the
AK Gulf of Alaska rockfish trawl fishery (Young et al., In press). The
list of species/stocks incidentally killed or injured in this fishery
is proposed to be updated to state that none have been documented in
the most recent 5 years of data.
NMFS proposes to remove the Western U.S. stock of Steller sea lion
from the list of species/stocks incidentally killed or injured in the
Category III AK Gulf of Alaska Pacific cod longline fishery. Observer
coverage for this fishery is between 0 and 39 percent, and from 2017-
2021, there have been no reported or observed M/SI of this stock in the
AK Gulf of Alaska Pacific cod longline fishery (Young et al., In
press).
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
Addition of Fisheries
NMFS received comments on the proposed LOF for 2024 (88 FR 62748,
September 13, 2023) in response to NMFS' request for public input on
aquaculture fishery descriptions. NMFS reviewed and considered the
public submission of the publication Bath et al., 2023 when proposing
the addition and associated classification of the four aquaculture
fisheries described below.
The regulatory definition of a Category II fishery (50 CFR 229.2)
provides for NMFS to evaluate 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, NMFS proposes to classify the
aquaculture rafts fishery, bottom culture (trays/cages) with buoys
fishery, and longline aquaculture as Category II fisheries based on
analogy to other Category II fisheries that use vertical buoy lines.
Vertical buoy lines pose a known entanglement risk for large whales
that can result in mortality and serious injury. Additional information
for the aquaculture rafts fishery, bottom culture (trays/cages) with
buoys fishery and longline aquaculture are provided below.
NMFS proposes to add the aquaculture rafts fishery as a Category II
fishery (50 CFR 229.2) and proposes to add the superscript ``2'' to
indicate this fishery is classified by analogy. This fishery operates
in Maine State waters and harvests mussels. Gear consists of a steel
beam frame with wooden crossbeams supporting vertical lines with
floats. This fishery has less than 15 active permits.
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.
NMFS proposes to add the bottom culture (trays/cages) with buoys
fishery as a Category II fishery (50 CFR 229.2) and proposes to add the
superscript ``2'' to indicate this fishery is classified by analogy.
This fishery operates in the Atlantic from Maine through Florida. Gear
consists of a cage resting on the seafloor to seed or further grow out
shellfish. The cages are attached with a vertical line to a floating
buoy on the surface; vertical buoy lines present a known risk of
entanglement of large whales in many other fisheries. Harvest species
in this fishery include mussels, oysters and other shellfish. The
number of participants in this fishery is unknown.
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.
NMFS proposes to add the longline aquaculture fishery as a Category
II fishery (50 CFR 229.2) and proposes to add the superscript ``2'' to
indicate this fishery is classified by analogy. This fishery operates
in the Atlantic from Maine through Florida. Gear consists of a main
horizontal longline that is moored, anchored or supported by
[[Page 77796]]
poles. From this line extend any of the following: (1) bags or cages
that are supported by floats/buoys (suspended floating gear), (2)
vertical lines with bags or cages usually hung in horizontal rows at
the surface (suspended gear), and (3) a series of vertically aligned
nets or compartments (e.g. lantern/pearl nets). These three gear types
contain shellfish seed. The fourth gear configuration has target
species hung directly from the lines or seeded/grown on vertical
hanging lines (drop or continuous). Any of these arrangements could use
vertical buoys to support the horizontal longline. Harvest species in
this fishery include oysters, scallops, mussels and macroalgae. The
number of participants in this fishery is unknown.
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.
NMFS proposes to add the on-bottom/off-bottom culture (trays/cages)
fishery without buoys as a Category III fishery. This fishery operates
in the Atlantic from Maine through Florida. Gear consists of the
following: (1) mesh bags, stacked mesh bags, or cages containing
shellfish seed placed directly on the seafloor that require mesh
predator netting (of a variety of sizes) used as a deterrent; (2) stiff
plastic mesh bags or trays resting above the seafloor on racks (a rigid
table-like frame) to seed or further grow out shellfish; and (3) shell
on bottom, whereby shellfish are grown in natural conditions with no
containment. Harvest species in this fishery include oysters and
shellfish. The number of participants in this fishery is unknown.
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. This
fishery is proposed as a Category III fishery because it has a remote
likelihood of risk to marine mammals given the gear used (i.e., lack of
loose or vertical lines, which have been implicated in documented
entanglement cases (Bath et al., 2023)).
NMFS proposes to add the Massachusetts green crab pot fishery as a
Category III fishery. This fishery is managed by the State of
Massachusetts. It operates entirely in shallow (4 to 15 feet), inshore
Massachusetts State waters in estuaries, harbors, tidal creeks and salt
marshes from April to November and targets green crab (Carcinus
maenas). This fishery uses wire, mesh pots that are discernible from
other crab pot gear because the pots have a top entry design and are
often homemade. Because the green crab is an invasive species, permits
are not required to participate in the fishery; however, letters of
authorization are currently issued to 78 commercial participants.
This fishery has been operating and regulated in MA for over 60
years (Annotated Laws of Massachusetts, GL ch. 130, section 37A, 2024)
and there are no documented marine mammal M/SI incidental to this
fishery. Therefore, NMFS proposes to classify the Massachusetts green
crab pot fishery as a Category III fishery and 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.
Fishery Name and Organizational Changes and Clarifications
NMFS proposes to revise the fishery description, distribution and
name for the Category III finfish aquaculture fishery. This fishery
operates in Maine State waters and harvests salmon species. The fishery
uses net pens with rigid, circular or polygonal frames that provide
overall stability and support for the netting that contains the target
species. A net pen can be fixed at the surface or lowered/raised in the
water column. Vertical mooring lines are used to attach the net pens to
the seafloor. This fishery has approximately 25 active permits. NMFS
proposes to revise the name of the Category III finfish aquaculture
fishery to the Category III net pen aquaculture fishery to clarify the
gear type used in this fishery.
NMFS proposes to add the superscript ``1'' to the Gulf of Maine
stock of humpback whale to indicate that M/SI of the stock is
determining the Category II classification of the Chesapeake Bay
inshore gillnet fishery.
NMFS proposes to add the superscript ``1'' to the Western North
Atlantic stock of common dolphin to indicate that M/Si of the stock is
determining the Category II classification of the Northeast bottom
trawl fishery. NMFS also proposes to remove the superscript ``1'' from
the Western North Atlantic stock of Risso's dolphin to indicate that M/
SI of the stock is no longer determining the Category II classification
of the Northeast bottom trawl fishery.
NMFS proposes to add the superscript ``1'' to the Gulf of Maine
stock of humpback whale to indicate that M/SI of the stock is
determining the Category II classification of the MA mixed species
trap/pot fishery.
List of Species and/or Stocks Incidentally Killed or Injured in the
Atlantic Ocean, Gulf of Mexico, and Caribbean
NMFS proposes to add the Gulf of Maine, Bay of Fundy stock of
harbor porpoise to the list of species/stocks incidentally killed or
injured in the Category I Northeast/mid-Atlantic American lobster and
Jonah crab trap/pot fishery based on a self-reported mortality in 2023.
NMFS proposes to add the Gulf of Maine stock of humpback whale and
Canadian East Coast stock of minke whale to the list of species/stocks
incidentally killed or injured in the Category II Chesapeake Bay
inshore gillnet fishery. In January 2020, a dead humpback whale was
reported in Virginia heavily entangled in gillnet gear (Henry et al.,
2022). Also in February 2020, a minke whale was reported in Virginia
entangled in gillnet gear resulting in a mortality (Hayes et al., In
press).
NMFS proposes to add the Western North Atlantic stock of white-
sided dolphin to the list of species/stocks incidentally killed or
injured in the Category II mid-Atlantic mid-water trawl (including pair
trawl) fishery based on a self-reported mortality in 2020.
NMFS proposes to add the Western North Atlantic stock of
Globicephala spp. (long-finned or short-finned pilot whale) to the list
of species/stocks incidentally killed or injured in the Category II
mid-Atlantic bottom trawl fishery based on an observed injury in 2021
(Josephson and Lyssikatos 2023).
NMFS proposes to add the Northern Georgia/Southern South Carolina
estuarine system stock of bottlenose dolphin to the list of species/
stocks incidentally killed or injured in the Category II Southeastern
U.S. Atlantic, Gulf of Mexico shrimp trawl fishery based on a self-
reported injury in 2023.
NMFS proposes to add the Gulf of Maine stock of humpback whale to
the list of species/stocks incidentally killed or injured in the
Category II MA mixed species trap/pot fishery. In June 2020, a humpback
whale was reported entangled off Chatham, MA. The whale was partially
disentangled and determined to be a prorated (0.75) serious injury
(Henry et al., 2022).
NMFS proposes to remove the Western North Atlantic stock of hooded
seal from the list of species/stocks incidentally killed or injured in
the Category I mid-Atlantic gillnet fishery. This fishery was observed
between 1
[[Page 77797]]
and 13 percent; from 2017-2021, there have been no reported or observed
M/SI of this stock in this fishery.
NMFS proposes to remove six stocks from the list of species/stocks
incidentally killed or injured in the Category I Atlantic Ocean,
Caribbean, Gulf of Mexico large pelagics longline fishery. The six
stocks are (1) Western North Atlantic stock of false killer whale; (2)
Gulf of Maine, Bay of Fundy stock of harbor porpoise; (3) Canadian East
coast stock of minke whale; (4) Gulf of Mexico stock of pygmy sperm
whale; (5) Northern Gulf of Mexico stock of Risso's dolphin; and (6)
Northern Gulf of Mexico stock of sperm whale. This fishery was observed
between 8.7 and 13.3 percent; from 2017-2021, there have been no
reported or observed M/SI of these stocks in this fishery (Hayes et
al., In press; Garrison and Stokes 2023).
NMFS proposes to remove the Western North Atlantic stock of short-
finned pilot whale from the list of species/stocks incidentally killed
or injured in the Category III Atlantic Ocean, Gulf of Mexico,
Caribbean commercial passenger fishing vessel fishery. From 2017-2021,
there have been no reported or observed M/SI of these stocks in this
fishery (Hayes et al., In press).
Commercial Fisheries on the High Seas
Number of Vessels/Persons
NMFS updates the estimated number of HSFCA permits for high seas
fisheries (table 3) as follows:
Category I
<bullet> Atlantic Highly Migratory Species longline fishery from 30
to 35 HSFCA permits;
Category II
<bullet> South Pacific albacore troll longline fishery from six to
five HSFCA permits;
<bullet> Western Pacific Pelagic (HI Shallow-set component) fishery
from 14 to 17 HSFCA permits;
<bullet> Pacific highly migratory species handline/pole and line
fishery from 36 to 39 HSFCA permits;
<bullet> South Pacific albacore troll handline/pole and line
fishery from one to two HSFCA permits;
<bullet> South Pacific albacore troll fishery from 23 to 24 HSFCA
permits;
Category III
<bullet> Northwest Atlantic bottom longline fishery from one to
zero HSFCA permits;
<bullet> Pacific highly migratory species longline fishery from 119
to 104 HSFCA permits;
<bullet> Northwest Atlantic trawl fishery from one to zero HSFCA
permits; and
<bullet> Pacific highly migratory species troll fishery from 95 to
98 HSFCA permits.
List of Species and/or Stocks Incidentally Killed or Injured on the
High Seas
NMFS proposes to update the humpback whale stocks on the list of
species/stocks incidentally killed or injured in the Category II
Pacific highly migratory species drift gillnet fishery from humpback
whale, CA/OR/WA to humpback whale, Central America/Southern Mexico-CA/
OR/WA and humpback whale, Mainland Mexico-CA/OR/WA stock based on the
revised stock structures in the 2022 SAR (Carretta et al., 2023).
NMFS proposes to add the unknown stock of beaked whale to the list
of species/stocks incidentally killed or injured in the Category II
Western Pacific Pelagic longline fishery (HI shallow-set component)
based on an observed serious injury in 2021 (McCracken and Cooper,
2022). 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 the U.S.
waters component of the fishery minus species and/or stocks that have
geographic ranges exclusively in coastal waters.
List of Fisheries
The following tables set forth the list of U.S. commercial
fisheries according to their classification under section 118 of the
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean
(including Alaska); table 2 lists commercial fisheries in the Atlantic
Ocean, Gulf of Mexico, and Caribbean; table 3 lists commercial
fisheries on the high seas; and table 4 lists fisheries affected by
TRPs or TRTs.
In tables 1 and 2, the estimated number of vessels or persons
participating in fisheries operating within U.S. waters is expressed in
terms of the number of active participants in the fishery, when
possible. If this information is not available, the estimated number of
vessels or persons licensed for a particular fishery is provided. If no
recent information is available on the number of participants, vessels,
or persons licensed in a fishery, then the number from the most recent
LOF is used for the estimated number of vessels or persons in the
fishery. NMFS acknowledges that, in some cases, these estimates may be
inflations of actual effort. For example, the State of Hawaii does not
issue fishery-specific licenses, and the number of participants
reported in the LOF represents the number of commercial marine license
holders who reported using a particular fishing gear type/method at
least once in a given year without considering how many times the gear
was used. For these fisheries, effort by a single participant is
counted the same whether the fisherman used the gear only once or every
day. In the Mid-Atlantic and New England fisheries, the numbers
represent the potential effort for each fishery, given the multiple
gear types for which several State permits may allow. Changes made to
Mid-Atlantic and New England fishery participants will not affect
observer coverage or bycatch estimates as observer coverage and bycatch
estimates are based on vessel trip reports and landings data. Tables 1
and 2 serve to provide a description of the fishery's potential effort
(State and Federal). If NMFS is able to gather more accurate
information on the gear types used by State permit holders in the
future, the numbers will be updated to reflect this change. For
additional information on fishing effort in fisheries found on table 1
or 2, contact the relevant regional office (contact information
included above in the section: Where can I find more information about
the LOF and the MMAP?).
For high seas fisheries, table 3 lists the number of valid HSFCA
permits currently held. Although this likely overestimates the number
of active participants in many of these fisheries, the number of valid
HSFCA permits is the most reliable data on the potential effort in high
seas fisheries at this time. As noted previously, the number of HSFCA
permits listed in table 3 for the high seas components of fisheries
that also operate within U.S. waters does not necessarily represent
additional effort not accounted for in tables 1 and 2. Many vessels
holding HSFCA permits also fish within U.S. waters and are included in
the number of vessels and participants operating within those fisheries
in tables 1 and 2.
Tables 1, 2, and 3 also list the marine mammal species and/or
stocks incidentally killed or injured (seriously or non-seriously) in
each fishery based on SARs, injury determination reports, bycatch
estimation reports, observer data, logbook data, stranding data,
disentanglement network data, fishermen self-reports (i.e., MMAP
reports), and anecdotal reports. The best available scientific
information included in these reports is based on data through 2021.
This list includes all species and/or stocks known to be killed
[[Page 77798]]
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 which species/stocks for which M/SI
are determining a fishery's classification (i.e., the fishery is
classified based on mortalities and serious injuries of a marine mammal
stock that are greater than or equal to 50 percent (Category I) or
greater than 1 percent and less than 50 percent (Category II) of a
stock's PBR) by including a ``1'' after the stock's name.
In tables 1 and 2, there are several fisheries classified as
Category II that have no recent documented M/SI of marine mammals or
fisheries that did not result in a M/SI 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 M/SI 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
Category II and III fisheries in 50 CFR 229.2 (i.e., fishing
techniques, gear types, methods used to deter marine mammals, target
species, seasons and areas fished, qualitative data from logbooks or
fishermen reports, stranding data, and the species and distribution of
marine mammals in the area). NMFS has designated those fisheries listed
by analogy in tables 1 and 2 by adding a ``2'' after the fishery's
name.
There are several fisheries in tables 1, 2, and 3 in which a
portion of the fishing vessels cross the Exclusive Economic Zone (EEZ)
boundary and therefore operate both within U.S. waters and on the high
seas. These fisheries, though listed separately on tables 1, 2, or 3,
are considered the same fisheries on either side of the EEZ boundary.
NMFS has designated those fisheries in each table with an asterisk (*)
after the fisheries' names.
Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
Marine mammal
species and/or
Fishery description Estimated number 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.
------------------------------------------------------------------------
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.\1\
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.
CA halibut/white seabass and 41................ 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, 8................. California sea
and white seabass drift lion, U.S.
gillnet (mesh size >=3.5 in
and <14 in) \2\.
Long-beaked common
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.
[[Page 77799]]
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,
Southcentral 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\
Harbor seal,
Prince William
Sound.
Humpback whale,
Hawai[revaps]i.
Humpback whale,
Mexico-North
Pacific.
Northern fur seal,
Eastern Pacific.
Pacific white-
sided dolphin,
North Pacific.
Northern sea
otter,
Southcentral AK.
Steller sea lion,
Western U.S.\1\
AK Yakutat salmon set 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-
Canada border and eastward
of the Bonilla-Tatoosh line-
Treaty Indian fishing is
excluded).
Harbor porpoise,
inland WA.\1\
Harbor seal, WA
inland.
Trawl Fisheries:
AK Bering Sea, Aleutian 29................ Bearded seal,
Islands flatfish trawl. Beringia.
Gray whale,
Eastern North
Pacific.
Harbor seal,
Bristol Bay.
Killer whale,
Eastern North
Pacific Alaska
resident.\1\
Killer whale,
Eastern North
Pacific GOA, AI,
BS transient.\1\
Northern fur seal,
Eastern Pacific.
Ringed seal,
Arctic.
Ribbon seal.
Spotted seal,
Bering.
Steller sea lion,
Western U.S.\1\
Walrus, AK.
AK Bering Sea, Aleutian 116............... Bearded seal,
Islands pollock trawl. Beringia.
Fin whale, North
Pacific.
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 Dungeness crab pot....... 469............... Blue whale,
Eastern North
Pacific.\1\
[[Page 77800]]
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.
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............ 174............... 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........... 20................ 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....... 352............... Gray whale,
Eastern North
Pacific.
Humpback whale,
Central America/
Southern Mexico-
CA/OR/WA.\1\
Humpback whale,
Mainland Mexico-
CA/OR/WA.
Minke whale, CA/OR/
WA.
WA/OR/CA sablefish pot...... 133............... 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 * 17................ Beaked whale,
[supcaret]. unknown.
Bottlenose
dolphin, HI
Pelagic.
False killer
whale, HI
Pelagic.\1\
Guadalupe fur
seal.
Risso's dolphin,
HI.
Striped dolphin,
HI.
American Samoa longline \2\. 9................. False killer
whale, American
Samoa.
Rough-toothed
dolphin, American
Samoa.
Striped dolphin,
unknown.
HI shortline \2\............ 11................ None documented.
Marine Aquaculture Fisheries:
HI offshore pen culture..... 1................. Hawaiian monk
seal.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
Gillnet Fisheries:
AK Kuskokwim, Yukon, Norton 360............... Harbor porpoise,
Sound, Kotzebue salmon Bering Sea.
gillnet.
AK Prince William Sound 25................ Harbor seal, GOA.
salmon set gillnet.
Northern sea
otter,
Southcentral AK.
Steller sea lion,
Western U.S.
AK roe herring and food/bait 15................ None documented.
herring gillnet.
CA herring set gillnet...... 9................. None documented.
HI inshore gillnet.......... 26................ Bottlenose
dolphin, HI.
Spinner dolphin,
HI.
WA Grays Harbor salmon drift 20................ Harbor seal, OR/WA
gillnet (excluding treaty coast.
Tribal fishing).
WA/OR Mainstem Columbia 8................. None documented.
River eulachon gillnet.
WA/OR lower Columbia River 207............... California sea
(includes tributaries) lion, U.S.
drift net.
Harbor seal, OR/WA
coast.
WA Willapa Bay drift gillnet 47................ 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.
[[Page 77801]]
WA/OR sardine purse seine... 0................. None documented.
CA anchovy, mackerel, 56................ 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 0................. None documented.
salmon seine.
WA/OR herring, anchovy, 48................ None documented.
smelt, squid purse seine or
lampara.
WA salmon seine............. 81................ None documented.
WA salmon reef net.......... 11................ None documented.
HI lift net................. 13................ None documented.
HI inshore purse seine...... None recorded..... None documented.
HI throw net, cast net...... 12................ None documented.
HI seine net................ 17................ None documented.
Dip Net Fisheries:
CA squid dip net............ 19................ None documented.
Marine Aquaculture Fisheries:
AK invertebrate aquaculture. 46................ None documented.
AK macroalgae aquaculture... 39................ None documented.
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 538............... None documented.
hook and line/troll.
CA halibut, white seabass, 435............... 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... 5................. None documented.
CA/OR/WA salmon troll....... 808............... None documented.
HI troll.................... 1,186............. Pantropical
spotted dolphin,
HI.
HI rod and reel............. 208............... None documented.
Commonwealth of the Northern 9................. None documented.
Mariana Islands tuna troll.
Guam tuna troll............. 546............... 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................ Bearded seal,
Islands Pacific cod Beringia.
longline.
Northern fur seal,
Eastern Pacific.
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.
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, 296............... 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................ 12................ None documented.
HI vertical line............ Less than 3....... 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................ Ribbon seal.
Islands Pacific cod trawl.
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................ None documented in
cod trawl. most recent 5
years of data.
AK Gulf of Alaska pollock 60................ Steller sea lion,
trawl. Western U.S.
AK Gulf of Alaska rockfish 35................ None documented in
trawl. most recent 5
years of data.
AK Kodiak food/bait herring 0................. None documented.
otter trawl.
[[Page 77802]]
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....... 9................. California sea
lion, U.S.
WA/OR/CA shrimp trawl....... 114............... California sea
lion, U.S.
WA/OR/CA groundfish trawl... 104............... 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.. 2................. None documented.
WA/OR/CA hagfish pot........ 57................ None documented.
WA/OR shrimp pot/trap....... 28................ None documented.
WA Puget Sound Dungeness 139............... None documented.
crab pot/trap.
HI crab trap................ 4................. Humpback whale,
Hawai[revaps]i.
HI fish trap................ Less than 3....... None documented.
HI lobster trap............. Less than 3....... None documented in
recent years.
HI shrimp trap.............. 3................. None documented.
HI crab net................. Less than 3....... None documented.
HI Kona crab loop net....... 17................ 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... 87................ None documented.
Commonwealth of the Northern 3................. None documented.
Mariana Islands bottomfish.
Guam bottomfish............. 93................ None documented.
HI aku boat, pole, and line. None recorded..... None documented.
HI bottomfish handline...... 299............... None documented in
recent years.
HI inshore handline......... 158............... None documented.
HI pelagic handline......... 382............... 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.... 157............... None documented.
CA/WA kelp, seaweed, and 4................. None documented.
algae.
HI black coral diving....... Less than 3....... None documented.
HI fish pond................ None recorded..... None documented.
HI handpick................. 24................ None documented.
HI lobster diving........... 8................. None documented.
HI spearfishing............. 58................ None documented.
WA/OR/CA hand/mechanical 258............... None documented.
collection.
Commercial Passenger Fishing
Vessel (Charter Boat)
Fisheries:
[[Page 77803]]
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... 43................ None documented.
HI aquarium collecting...... 12................ 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.
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.
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............. Harbor porpoise,
American lobster and Jonah GME/BF.
crab trap/pot.
Humpback whale,
Gulf of Maine.
Minke whale,
Canadian east
coast.
North Atlantic
right whale,
WNA.\1\
Longline Fisheries:
Atlantic Ocean, Caribbean, 201............... Atlantic spotted
Gulf of Mexico large dolphin, Northern
pelagics longline *. GMX.
Bottlenose
dolphin, Northern
GMX oceanic.
Bottlenose
dolphin, WNA
offshore.
Common dolphin,
WNA.
Cuvier's beaked
whale, WNA.
Kogia spp. (Pygmy
or dwarf sperm
whale), WNA.
Long-finned pilot
whale, WNA.
Mesoplodon beaked
whale, WNA.
Pantropical
spotted dolphin,
Northern GMX.
Risso's dolphin,
WNA.
Rough-toothed
dolphin, Northern
GMX.
Short-finned pilot
whale, Northern
GMX.
Short-finned pilot
whale, WNA.\1\
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
Gillnet Fisheries:
Chesapeake Bay inshore 265............... Bottlenose
gillnet \2\. dolphin, unknown
(Northern
migratory coastal
or Southern
migratory
coastal).
Humpback whale,
Gulf of Maine.\1\
[[Page 77804]]
Minke whale,
Canadian East
Coast.
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.
White-sided
dolphin, WNA.
Mid-Atlantic bottom trawl... 633............... Bottlenose
dolphin, WNA
offshore.\1\
Common dolphin,
WNA.\1\
Globicephala spp.
(long-finned or
short-finned
pilot whale),
WNA.
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.\1\
Gray seal, WNA.\1\
Harbor porpoise,
GME/BF.
Harbor seal, WNA.
Harp seal, WNA.
Long-finned pilot
whale, WNA.\1\
Risso's dolphin,
WNA.
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\
Bottlenose
dolphin, GMX
continental
shelf.
Bottlenose
dolphin,
Mississippi River
Delta.
Bottlenose
dolphin, Mobile
Bay, Bonsecour
Bay.
Bottlenose
dolphin, Northern
GA/Southern SC
estuarine system.
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............. Humpback whale,
Gulf of Maine.\1\
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.
[[Page 77805]]
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\
Marine Aquaculture Fisheries:
Aquaculture rafts \2\....... <15............... None documented.
Bottom culture (trays/cages) Unknown........... None documented.
with buoys \2\.
Longline aquaculture \2\.... Unknown........... None documented.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
Gillnet Fisheries:
Caribbean gillnet........... 127............... None documented in
the most recent 5
years of data.
DE River inshore gillnet.... unknown........... None documented in
the most recent 5
years of data.
Long Island Sound inshore unknown........... None documented in
gillnet. the most recent 5
years of data.
RI, southern MA (to Monomoy unknown........... None documented in
Island), and NY Bight the most recent 5
(Raritan and Lower NY Bays) years of data.
inshore gillnet.
Southeast Atlantic inshore unknown........... Bottlenose
gillnet. dolphin, Northern
SC estuarine
system.
Trawl Fisheries:
Atlantic shellfish bottom >58............... None documented.
trawl.
Gulf of Mexico butterfish 2................. Bottlenose
trawl. dolphin, Northern
GMX oceanic.
Bottlenose
dolphin, Northern
GMX continental
shelf.
Gulf of Mexico mixed species 20................ None documented.
trawl.
GA cannonball jellyfish 1................. Bottlenose
trawl. dolphin, SC/GA
coastal.
Marine Aquaculture Fisheries:
Net pen aquaculture......... ~25............... Harbor seal, WNA.
On-bottom/off-bottom culture Unknown........... None documented.
(trays/cages) without buoys.
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.
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.
[[Page 77806]]
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.
MA green crab pot........... 78................ None documented.
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.
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.
------------------------------------------------------------------------
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:
[[Page 77807]]
Atlantic Highly Migratory 35 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.
[caret].
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 * [caret]. dolphin, CA.
Humpback whale,
Central America/
Southern Mexico-CA/
OR/WA.
Humpback whale,
Mainland Mexico-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.
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. 5 No information.
Western Pacific Pelagic (HI 17 Beaked whale,
Shallow-set component) * unknown.
[caret].
Bottlenose dolphin,
HI Pelagic.
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 39 No information.
Species.
South Pacific Albacore Troll. 2 No information.
Western Pacific Pelagic...... 1 No information.
Troll Fisheries:
Atlantic Highly Migratory 0 No information.
Species.
South Pacific Albacore Troll. 24 No information.
Western Pacific Pelagic...... 6 No information.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
Longline Fisheries:
Northwest Atlantic Bottom 0 None documented.
Longline.
Pacific Highly Migratory 104 None documented in
Species. the most recent 5
years of data.
Purse Seine Fisheries:
Pacific Highly Migratory 1 None documented.
Species * [caret].
Trawl Fisheries:
Northwest Atlantic........... 0 None documented.
Troll Fisheries:
[[Page 77808]]
Pacific Highly Migratory 98 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
[caret] 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.
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)
and 229.34 (Mid-Atlantic).
Mid-Atlantic gillnet.
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
Regulatory Flexibility Act
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.
As a result of this certification, an initial regulatory flexibility
analysis is not required and none has been prepared. The certification
is based on the following analysis.
[[Page 77809]]
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 53,590 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 2025 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 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.
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.
Paperwork Reduction Act
This proposed rule contains existing collection-of-information
(COI) requirements subject to the Paperwork Reduction Act but would not
impose additional or new COI requirements. The COI for the registration
of individuals under the MMPA has been approved by the 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.
E.O. 12866
This proposed rule has been determined to be not significant for
the purposes of Executive Orders 12866 and 13563.
National Environmental Policy Act
In accordance with the Companion Manual for NOAA Administrative
Order (NAO) 216-6A, NMFS determined that the publishing this proposed
LOF qualifies to be categorically excluded from further National
Environmental Policy Act (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 additional 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 rulemaking 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 TRT.
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
Bath, G.E., C.A. Price, K.E. Riley and J.A. Morris Jr. 2023 A Global
Review of Protected Species Interactions with Marine Aquaculture.
Review in Aquaculture 2023; 1-34.
Carretta, J.W., E.M. Oleson, K.A. Forney, M.M. Muto, D.W. Weller,
A.R. Lang, J. Baker, B. Hanson, A.J. Orr, J. Barlow, J.E. Moore, and
R.L. Brownell. 2023. U.S. Pacific Marine Mammal Stock Assessments:
2022. U.S. Department of Commerce. NOAA Technical Memorandum NMFS-
SWFSC-684. 409 p.
Carretta, J.W., J. Greenman, K. Wilkinson, L. Saez, D. Lawson and J.
Viezbicke. 2023a. Sources of Human-Related Injury and Mortality for
U.S. Pacific West coast Marine Mammal Stock Assessments, 2017-2021.
U.S. Department of Commerce. NOAA Technical
[[Page 77810]]
Memorandum NMFS-SWFSC-690. 225 p.
Freed, J.C., N.C. Young, A.A. Bower, B.J. Delean, M.M. Muto, K.L.
Raum-Suryan, K.M. Savage, S.S. Teerlink, L.A. Jemison, K.M.
Wilkinson, J.E. Jannot and K.A. Somers. 2023. Human-Caused Mortality
and Injury of NMFS-Managed Alaska Marine Mammal Stocks, 2017-2021.
AFSC Processed Report 2023-05.
Garrison, L.P and L.W. Stokes. 2023. Estimated Bycatch of Marine
Mammals and Sea Turtles in the U.S. Atlantic Pelagic Longline Fleet
During 2021. NOAA Technical Memorandum NMFS-SEFSC-765. 65 p.
Hayes, S.A., E. Josephson, K. Maze-Foley, P.E. Rosel and J. Wallace.
Editors. In press. Draft U.S. Atlantic and Gulf of Mexico Marine
Mammal Stock Assessments 2023. U.S. Department of Commerce. NOAA
Technical Memorandum.
Henry, A., M. Garron, D. Morin, A. Smith, A. Reid, W. Ledwell and T.
Cole. 2022. Serious Injury and Mortality Determinations for Baleen
Whale Stocks along the Gulf of Mexico, United States East Coast, and
Atlantic Canadian Provinces, 2017-2021. U.S. Department of Commerce,
Northeast Fisheries Science Center Reference Doc. 23-09; 59 p.
Josephson E. and M. Lyssikatos. 2023. Serious Injury Determinations
for Small Cetaceans and Pinnipeds Caught in Commercial Fisheries off
the Northeast U.S. Coast, 2017-2021. U.S. Department of Commerce,
Northeast Fisheries Science Center Reference Doc. 23-11; 35 p.
McCracken, M. and B. Cooper. 2022. Assessment of Incidental
Interactions with Marine Mammals in the Hawaii Longline Deep and
Shallow-set Fisheries from 2017 through 2021. Pacific Islands
Fisheries Science Center, PIFSC Data Report, DR-22-032.
NMFS. 2023. Process for Distinguishing Serious from Non-Serious
Injury of Marine Mammals. National Marine Fisheries Service
Procedure 02-238-01. 55 p.
Young, N.C., Brower, A.A., Muto, M.M., Freed, J.C., Angliss, R.P.,
Friday, B.D. Birkemeier, N.A., Boveng, P.L., Brost, B.M., Cameron,
M.F., Crance, J.L., Dahle, S.P., Fadely, B.S., Ferguson, M.C.,
Goetz, K.T., London, Oleson, E.M., J.M., Ream, R.R., Richmond, E.L.,
Shelden, K.E.W., Sweeney, K.L., Towell, R.G., Wade, P.R., Waite,
J.M., and Zerbini, A.N. In Press. Draft Alaska marine mammal stock
assessments, 2023. U.S. Department of Commerce.
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 19, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-21835 Filed 9-23-24; 8:45 am]
BILLING CODE 3510-22-P
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