List of Fisheries for 2013, 23708-23732 [2013-09391]

Download as PDF 23708 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS regarding the State’s October 4, 2012, draft SIP revision, documenting the omission of (1) the PM2.5 increments in Tennessee’s Class I variance provisions at 1200–03–09–.01(4)(n)3, including the administrative change to replace the term ‘‘particulate matter’’ with ‘‘PM2.5, PM10’’ (consistent with federal rule at 40 CFR 51.166(c) and (p)(5)); and (2) the administrative changes to the definition of ‘‘baseline date’’ at 1200–03–09– .01(4)(b)15(i) and (ii)(I) to replace the term ‘‘particulate matter’’ with ‘‘PM10.’’ TDEC has indicated they intend to address these inadvertent omissions in the final SIP submission to be consistent with the federal provisions promulgated in the PM2.5 PSD Increments-SIL-SMC rule. EPA’s authority to implement the PM2.5 SILs at paragraph (k)(2) of section 51.166 and 52.21 and SMC at paragraph (i)(5) of section 51.166 and 52.21 for PSD purposes as promulgated in the October 20, 2010 PM2.5 PSD IncrementsSILs-SMC Rule, was challenged by the Sierra Club. Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013). On January 22, 2013, the D.C. Circuit Court issued an order vacating and remanding to the EPA for further consideration those portions of the October 20, 2010, rule addressing the PM2.5 SILs, except for the parts codifying the PM2.5 SILs in the NSR rule at 40 CFR 51.165(b)(2). In addition the D.C. Circuit Court also vacated parts of the October 20, 2010, rule establishing the PM2.5 SMC finding that those parts of the rule exceed the EPA’s statutory authority. Sierra Club v. EPA, 705 F.3d 458, 469. See the docket for today’s action for more information on the litigation and the court’s decision using docket ID EPA–R04–OAR–2012– 0894. As a result of the January 22, 2013, D.C. Circuit order and consultations with EPA Region 4, TDEC has indicated that in the State’s final SIP submission to adopt the regulations promulgated in the PM2.5 IncrementsSILs-SMC Rule, they intend to request EPA not take action to approve into the Tennessee SIP the PM2.5 SILs and SMC. Accordingly, EPA is not proposing action at this time on any portions of Tennessee’s PSD SIP submission regarding the PM2.5 SILs and SMC provisions described at 40 CFR 51.166 and 52.21, which have now been vacated and remanded. V. Proposed Action EPA is proposing to approve portions of Tennessee’s October 4, 2012, draft SIP revision adopting PSD PM2.5 Increments promulgated in the October 20, 2010, PM2.5 PSD Increments-SILsSMC rule. EPA is not, however, proposing action to approve in this VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 rulemaking the portion of Tennessee’s October 4, 2012, draft SIP revision incorporating the PM2.5 SILs and SMC thresholds and provisions promulgated in EPA’s PM2.5 PSD Increment-SILsSMC Rule. EPA has reviewed Tennessee’s October 4, 2012, draft SIP revision, and has made the preliminary determination that this portion of the draft SIP revision is approvable because it is consistent with section 110 of the CAA and EPA regulations regarding NSR permitting. health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this proposed action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 F43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human List of Subjects in 40 CFR Part 52 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: April 8, 2013. A. Stanley Meiburg, Acting Regional Administrator, Region 4. [FR Doc. 2013–09316 Filed 4–19–13; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 121024581–3333–01] RIN 0648–BC71 List of Fisheries for 2013 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule. AGENCY: The National Marine Fisheries Service (NMFS) publishes its proposed List of Fisheries (LOF) for 2013, as required by the Marine Mammal Protection Act (MMPA). The proposed LOF for 2013 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of serious injury and mortality of marine mammals that occurs incidental to each fishery. The classification of a fishery in the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan (TRP) requirements. The fishery classifications and list of marine SUMMARY: E:\FR\FM\22APP1.SGM 22APP1 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules mammal stocks incidentally injured or killed described in the Final LOF for 2012 remain in effect until the effective date of the Final LOF for 2013. Comments must be received by May 22, 2013. DATES: Send comments by any one of the following methods. (1) Electronic Submissions: Submit all electronic comments through the Federal eRulemaking portal: http:// www.regulations.gov (follow instructions for submitting comments). (2) Mail: Chief, Marine Mammal and Sea Turtle Conservation Division, Attn: List of Fisheries, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Comments regarding the burden-hour estimates, or any other aspect of the collection of information requirements contained in this proposed rule, should be submitted in writing to Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910, or to Stuart Levenback, OMB, by email to Stuart_Levenbach@omb.eop.gov. Instructions: All comments received are a part of the public record and will generally be posted to http:// www.regulations.gov without change. All Personal Identifying Information (e.g., name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields, if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. ADDRESSES: tkelley on DSK3SPTVN1PROD with PROPOSALS FOR FURTHER INFORMATION CONTACT: Brandon Sousa, Office of Protected Resources, 301–427–8498; Allison Rosner, Northeast Region, 978–281– 9328; Jessica Powell, Southeast Region, 727–824–5312; Elizabeth Petras, Southwest Region, 562–980–3238; Brent Norberg, Northwest Region, 206–526– 6550; Bridget Mansfield, Alaska Region, 907–586–7642; Nancy Young, Pacific Islands Region, 808–944–2282. 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: VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 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 serious injury and mortality of marine mammals occurring in each fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the LOF determines whether participants in that fishery may be required to comply with certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements. NMFS must reexamine the LOF annually, considering new information in the Marine Mammal Stock Assessment Reports (SAR) 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: If the total annual mortality and serious injury of a marine mammal stock, across all fisheries, is less than or equal to 10 percent of the PBR level of the stock, all fisheries interacting with the stock would be placed in Category III (unless those fisheries interact with other stock(s) in which total annual mortality and serious injury is greater than 10 percent of PBR). Otherwise, these fisheries are subject to the next PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 23709 tier (Tier 2) of analysis to determine their classification. Tier 2, Category I: Annual mortality and serious injury of a stock in a given fishery is greater than or equal to 50 percent of the PBR level (i.e., frequent incidental mortality and serious injuries of marine mammals). Tier 2, Category II: Annual mortality and serious injury of a stock in a given fishery is greater than 1 percent and less than 50 percent of the PBR level (i.e., occasional incidental mortality and serious injuries of marine mammals). Tier 2, Category III: Annual mortality and serious injury of a stock in a given fishery is less than or equal to 1 percent of the PBR level (i.e., a remote likelihood or no known incidental mortality and serious injuries of marine mammals). While Tier 1 considers the cumulative fishery mortality and serious injury for a particular stock, Tier 2 considers fishery-specific mortality and serious injury for a particular stock. 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). Other Criteria That May Be Considered There are several fisheries on the LOF classified as Category II that have no recent documented injuries or mortalities of marine mammals, or fisheries that did not result in a serious injury or mortality rate greater than 1 percent of a stock’s PBR level based on known interactions. NMFS has classified these fisheries by analogy to other Category I or II fisheries that use similar fishing techniques or gear that are known to cause mortality or serious injury of marine mammals, or according to factors discussed in the final LOF for 1996 (60 FR 67063, December 28, 1995) and listed in the regulatory definition of a Category II fishery, ‘‘In the absence of reliable information indicating the frequency of incidental mortality and serious injury of marine mammals by a commercial fishery, NMFS will determine whether the incidental serious injury or mortality is ‘‘frequent,’’ ‘‘occasional,’’ or ‘‘remote’’ by evaluating other factors such as fishing techniques, E:\FR\FM\22APP1.SGM 22APP1 23710 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules 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, or at the discretion of the Assistant Administrator for Fisheries’’ (50 CFR 229.2). Further, eligible commercial fisheries not specifically identified on the LOF are deemed to be Category II fisheries until the next LOF is published (50 CFR 229.2). tkelley on DSK3SPTVN1PROD with PROPOSALS 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 or stocks incidentally killed or injured in each commercial fishery. To determine which species or stocks are included as incidentally killed or injured in a fishery, NMFS annually reviews the information presented in the current SARs. 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. NMFS also reviews other sources of new information, including observer data, stranding data, and fisher self-reports. In the absence of reliable information on the level of mortality or injury of a marine mammal stock, or insufficient observer data, NMFS will determine whether a species or stock should be added to, or deleted from, the list by considering other factors such as: changes in gear used, increases or decreases in fishing effort, increases or decreases in the level of observer coverage, and/or changes in fishery management that are expected to lead to decreases in interactions with a given marine mammal stock (such as a TRP or a fishery management plan (FMP)). In these instances, NMFS will provide case-specific justification in the LOF for changes to the list of species or stocks incidentally killed or injured. How does NMFS determine the levels of observer coverage in a fishery on the LOF? Data obtained from the observer program and observer coverage levels are important tools in estimating the level of marine mammal mortality and serious injury in commercial fishing operations. The best available information on the level of observer coverage and the spatial and temporal distribution of observed marine mammal interactions, is presented in VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 the SARs. Starting with the 2005 SARs, each SAR includes an appendix with detailed descriptions of each Category I and II fishery on the LOF, including observer coverage in those fisheries. The SARs generally do not provide detailed information on observer coverage in Category III fisheries because, under the MMPA, Category III fisheries are not required to accommodate observers aboard vessels due to the remote likelihood of mortality and serious injury of marine mammals. Fishery information presented in the SARs’ appendices may include: level of federal observer coverage, target species, levels of fishing effort, spatial and temporal distribution of fishing effort, characteristics of fishing gear and operations, management and regulations, and interactions with marine mammals. Copies of the SARs are available on the NMFS Office of Protected Resources Web site at: http://www.nmfs.noaa.gov/pr/sars/. Information on observer coverage levels in Category I and II fisheries can also be found in the Category I and II fishery fact sheets on the NMFS Office of Protected Resources Web site: http://www.nmfs.noaa.gov/pr/ interactions/lof/. Additional information on observer programs in commercial fisheries can be found on the NMFS National Observer Program’s Web site: http://www.st.nmfs.gov/st4/ nop/. How do I find out if a specific fishery is in category I, II, or III? This proposed rule includes three tables that list all U.S. commercial fisheries by LOF Category. Table 1 lists all of the commercial fisheries in the Pacific Ocean (including Alaska); Table 2 lists all of the commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean; and Table 3 lists all U.S.authorized commercial fisheries on the high seas. A fourth table, Table 4, lists all commercial fisheries managed under applicable TRPs or take reduction teams (TRT). Are high seas fisheries included on the LOF? Beginning with the 2009 LOF, NMFS includes high seas fisheries in Table 3 of the LOF, along with the number of valid High Seas Fishing Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues HSFCA permits only for high seas fisheries analyzed in accordance with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The authorized high seas fisheries are broad in scope and encompass multiple specific fisheries identified by gear type. PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 For the purposes of the LOF, the high seas fisheries are subdivided based on gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to provide more detail on composition of effort within these fisheries. Many fisheries operate in both U.S. waters and on the high seas, creating some overlap between the fisheries listed in Tables 1 and 2 and those in Table 3. In these cases, the high seas component of the fishery is not considered a separate fishery, but an extension of a fishery operating within U.S. waters (listed in Table 1 or 2). NMFS designates those fisheries in Tables 1, 2, and 3 by a ‘‘*’’ after the fishery’s name. The number of HSFCA permits listed in Table 3 for the high seas components of these fisheries operating in U.S. waters does not necessarily represent additional effort that is not accounted for in Tables 1 and 2. Many vessels/participants holding HSFCA permits also fish within U.S. waters and are included in the number of vessels and participants operating within those fisheries in Tables 1 and 2. HSFCA permits are valid for five years, during which time FMPs can change. Therefore, some vessels/ participants may possess valid HSFCA permits without the ability to fish under the permit because it was issued for a gear type that is no longer authorized under the most current FMP. For this reason, the number of HSFCA permits displayed in Table 3 is likely higher than the actual U.S. fishing effort on the high seas. For more information on how NMFS classifies high seas fisheries on the LOF, see the preamble text in the final 2009 LOF (73 FR 73032; December 1, 2008). Where can I find specific information on fisheries listed on the LOF? Starting with the 2010 LOF, NMFS developed summary documents, or fishery fact sheets, for each Category I and II fishery on the LOF. These fishery fact sheets provide the full history of each Category I and II fishery, including: when the fishery was added to the LOF, the basis for the fishery’s initial classification, classification changes to the fishery, changes to the list of species or stocks incidentally killed or injured in the fishery, fishery gear and methods used, observer coverage levels, fishery management and regulation, and applicable TRPs or TRTs, if any. These fishery fact sheets are updated after each final LOF and can be found under ‘‘How Do I Find Out if a Specific Fishery is in Category I, II, or III?’’ on the NMFS Office of Protected Resources’ Web site: http://www.nmfs.noaa.gov/pr/ interactions/lof/, linked to the ‘‘List of Fisheries by Year’’ table. NMFS plans to E:\FR\FM\22APP1.SGM 22APP1 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules develop 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 will take significant time to complete. NMFS anticipates posting Category III fishery fact sheets along with the final 2014 LOF, although this timeline may be revised as this exercise progresses. tkelley on DSK3SPTVN1PROD with PROPOSALS Am I required to register under the MMPA? Owners of vessels or gear engaging in a Category I or II fishery are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50 CFR 229.4, to register with NMFS and obtain a marine mammal authorization to lawfully take non-endangered and non-threatened marine mammals incidental to commercial fishing operations. Owners of vessels or gear engaged in a Category III fishery are not required to register with NMFS or obtain a marine mammal authorization. How do I register and receive my authorization certificate and injury/ mortality reporting forms? NMFS has integrated the MMPA registration process, implemented through the Marine Mammal Authorization Program (MMAP), with existing state and Federal fishery license, registration, or permit systems for Category I and II fisheries on the LOF. Participants in these fisheries are automatically registered under the MMAP and are not required to submit registration or renewal materials directly under the MMAP. In the Pacific Islands, Southwest, Northwest, and Alaska regions, NMFS will issue vessel or gear owners an authorization certificate and/or injury/mortality reporting forms via U.S. mail or with their state or Federal license at the time of renewal. In the Northeast region, NMFS will issue vessel or gear owners an authorization certificate via U.S. mail automatically at the beginning of each calendar year; but vessel or gear owners must request or print injury/mortality reporting forms by contacting the NMFS Northeast Regional Office at 978–281– 9328 or by visiting the Northeast Regional Office Web site (http:// www.nero.noaa.gov/mmap). In the Southeast region, NMFS will issue vessel or gear owners notification of registry and vessel or gear owners may receive their authorization certificate and/or injury/mortality reporting form by contacting the Southeast Regional Office at 727–209–5952 or by visiting VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 the Southeast Regional Office Web site (http://sero.nmfs.noaa.gov/pr/mm/ mmap.htm) and following the instructions for printing the necessary documents. The authorization certificate, or a copy, must be on board the vessel while it is operating in a Category I or II fishery, or for non-vessel fisheries, in the possession of the person in charge of the fishing operation (50 CFR 229.4(e)). Although efforts are made to limit the issuance of authorization certificates to only those vessel or gear owners that participate in Category I or II fisheries, not all state and Federal 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 permit is required must register with NMFS by contacting their appropriate Regional Office (see ADDRESSES). How do I renew my registration under the MMAP? In Pacific Islands, Southwest, Alaska, or Northeast regional fisheries, registrations of vessel or gear owners are automatically renewed and participants should receive an authorization certificate by January 1 of each new year. In Northwest regional fisheries, vessel or gear owners receive authorization with each renewed state fishing license, the timing of which varies based on target species. Vessel or gear owners who participate in these regions and have not received authorization certificates by January 1 or with renewed fishing licenses must contact the appropriate NMFS Regional Office (see ADDRESSES). In Southeast regional fisheries, vessel or gear owners registrations are automatically renewed and participants will receive a letter in the mail by January 1 instructing them to contact the Southeast Regional Office to have an authorization certificate mailed to them or to visit the Southeast Regional Office Web site (http://sero.nmfs.noaa.gov/pr/ mm/mmap.htm) to print their own certificate. Am I required to submit reports when I injure or kill 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 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 23711 listed on the LOF must report to NMFS all incidental injuries and mortalities of marine mammals that occur during commercial fishing operations, regardless of the category in which the fishery is placed (I, II, or III) within 48 hours of the end of the fishing trip. ‘‘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. Injury/mortality reporting forms and instructions for submitting forms to NMFS can be downloaded from: http://www.nmfs.noaa.gov/pr/ pdfs/interactions/ mmap_reporting_form.pdf or by contacting the appropriate Regional office (see ADDRESSES). Reporting requirements and procedures can be 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 an observer will not be placed on a vessel if the facilities for quartering an observer or performing observer functions are inadequate or unsafe; thereby, exempting vessels too small to accommodate an observer from this requirement. However, observer requirements will not be exempted, regardless of vessel size, for U.S. Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline vessels operating in special areas designated by the Pelagic Longline Take Reduction Plan implementing regulations (50 CFR 229.36(d)). Observer requirements can be found in 50 CFR 229.7. Am I required to comply with any marine mammal take reduction plan regulations? Table 4 in this proposed rule provides a list of fisheries affected by TRPs and TRTs. TRP regulations can be found at 50 CFR 229.30 through 229.37. A description of each TRT and copies of each TRP can be found at: http:// www.nmfs.noaa.gov/pr/interactions/trt/. 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 Marine Mammal Authorization E:\FR\FM\22APP1.SGM 22APP1 23712 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS Program, including registration procedures and forms, current and past LOFs, information on each Category I and II fishery, observer requirements, and marine mammal injury/mortality reporting forms and submittal procedures, may be obtained at: http:// www.nmfs.noaa.gov/pr/interactions/ lof/, or from any NMFS Regional Office at the addresses listed below: NMFS, Northeast Region, 55 Great Republic Drive, Gloucester, MA 01930– 2298, Attn: Allison Rosner; NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 33701, Attn: Jessica Powell; NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213, Attn: Elizabeth Petras; NMFS, Northwest Region, 7600 Sand Point Way NE., Seattle, WA 98115, Attn: Brent Norberg, Protected Resources Division; NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 9th Street, Juneau, AK 99802, Attn: Bridget Mansfield; or NMFS, Pacific Islands Region, Protected Resources, 1601 Kapiolani Boulevard, Suite 1110, Honolulu, HI 96814, Attn: Nancy Young. Sources of Information Reviewed for the Proposed 2013 LOF NMFS reviewed the marine mammal incidental serious injury and mortality 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 serious injury and mortality 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 created by the MMPA to review the science that informs the SARs, and to advise NMFS on marine mammal population status, trends, and stock structure, uncertainties in the science, research needs, and other issues. NMFS also reviewed other sources of new information, including marine mammal stranding data, observer program data, fisher self-reports, reports to the SRGs, conference papers, FMPs, and ESA documents. The proposed LOF for 2013 was based, among other things, on information provided in the NEPA and ESA documents analyzing authorized high seas fisheries; stranding data; VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 fishermen self-reports through the MMAP; the final SARs for 2006 (72 FR 12774, March 19, 2007), 2007 (73 FR 21111, April 18, 2008), 2008 (74 FR 19530, April 29, 2009), 2009 (75 FR 12498, March 16, 2010), 2010 (76 FR 34054, June 10, 2011), and 2011 (77 FR 29969, May 21, 2012); and the draft SARs for 2012 (77 FR 47043, August 7, 2012). The SARs are available at: http://www.nmfs.noaa.gov/pr/sars/. Fishery Descriptions Beginning with the final 2008 LOF (72 FR 66048, November 27, 2007), NMFS describes each Category I and II fishery on the LOF. In each LOF, NMFS describes the fisheries classified as Category I or II that were not classified as such on a previous LOF (and therefore have not yet been described in the LOF). Descriptions of all Category I and II fisheries operating in U.S. waters may be found in the SARs, FMPs, and TRPs, through state agencies, or through the fishery summary documents available on the NMFS Office of Protected Resources Web site (http:// www.nmfs.noaa.gov/pr/interactions/ lof/). Additional details for Category I and II fisheries operating on the high seas are included in various FMPs, NEPA, or ESA documents. The ‘‘Alaska Bering Sea and Aleutian Islands rockfish trawl’’ fishery is proposed for reclassification from Category III to Category II. Rockfish species fished include Pacific Ocean perch, northern rockfish, rougheye rockfish, shortraker rockfish, and other rockfish. Fishing effort in this fishery takes place in the U.S. Exclusive Economic Zone of the Eastern Bering Sea and the portion of the North Pacific Ocean adjacent to the Aleutian Islands, which is west of 170°W longitude up to the U.S.-Russian Convention Line of 1867. Pacific Ocean perch in the Aleutian Islands is allocated under the Amendment 80 catch share program to the trawl gear sectors. Northern rockfish, rougheye rockfish, shortraker rockfish, and other rockfish do not have directed fisheries but are caught incidentally in other fisheries. There are currently an estimated 28 vessels licensed in this fishery. Summary of Changes to the LOF for 2013 The following summarizes changes to the LOF for 2013 in fishery classification, the estimated number of vessels/participants in a particular fishery, the species or stocks that are incidentally killed or injured in a particular fishery, and the fisheries that are subject to a take reduction plan. The classifications and definitions of U.S. PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 commercial fisheries for 2013 are identical to those provided in the LOF for 2012 with the proposed changes discussed below. State and regional abbreviations used in the following paragraphs include: AK (Alaska), CA (California), DE (Delaware), FL (Florida), GMX (Gulf of Mexico), HI (Hawaii), MA (Massachusetts), ME (Maine), NC (North Carolina), NY (New York), OR (Oregon), RI (Rhode Island), SC (South Carolina), VA (Virginia), WA (Washington), and WNA (Western North Atlantic). Commercial Fisheries in the Pacific Ocean Fishery Classification CA Thresher Shark/Swordfish Drift Gillnet Fishery NMFS proposes to reclassify the ‘‘CA thresher shark/swordfish drift gillnet’’ fishery from Category II to Category I. NMFS has observed this fishery from 2005 through 2010 at coverage levels ranging from 11.9% to 20.9%. NMFS reclassified this fishery from Category III to Category II on the 2012 LOF (76 FR 73912; November 29, 2011). In 2010, two sperm whales likely from the CA/OR/WA stock were observed entangled in this fishery (one dead and one seriously injured), which resulted in a bycatch estimate of 16 sperm whales in 2010. There were no observed sperm whale entanglements in the ‘‘CA thresher shark/swordfish drift gillnet’’ during the prior four years (2006 through 2009). These were the first observed entanglements of sperm whales in the ‘‘CA thresher shark/ swordfish drift gillnet’’ fishery since 1998. Based on the most recent five years of available information, the average serious injury/mortality of the CA/OR/WA stock of sperm whales in this fishery is 3.2 per year, which is greater than 213% of the PBR level of 1.5. Therefore, reclassification of the ‘‘CA thresher shark/swordfish drift gillnet’’ fishery to Category I is appropriate under 50 CFR 229.2. This fishery is currently observed under the authority of the MMPA (50 CFR 229.4(h)) and the Highly Migratory Species FMP (50 CFR 660.719) and must comply with Pacific Offshore Cetacean TRP regulations (50 CFR 229.31). Bering Sea and Aleutian Islands Rockfish Trawl Fishery NMFS proposes to reclassify the ‘‘Alaska Bering Sea and Aleutian Islands Rockfish trawl’’ fishery from Category III to Category II based on an observed mortality of a killer whale (Gulf of Alaska, Aleutian Islands, Bering Sea transient stock). Although extrapolated data estimating actual marine mammal E:\FR\FM\22APP1.SGM 22APP1 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS serious injury and mortalities are available in the draft 2012 Alaska Stock Assessment Reports, observed serious injury/mortality was used in the 2013 LOF tier analysis for this fishery. The analytical methods for extrapolating estimated serious injury and mortality from observed data have undergone further review and revision subsequent to the draft SAR publication; a NOAA Technical Memorandum containing a description of the methodology is expected in spring 2013. The revised methods will be applied to the analysis that will form the basis for the 2014 LOF recommendations. Serious injury/ mortality to one killer whale from either the North Pacific Alaska resident stock or the Gulf of Alaska, Aleutian Islands, Bering Sea transient stock caused by the fishery occurred between 2007 and 2010. The mean observed annual mortality for the 2007–2010 period for killer whales (Gulf of Alaska, Aleutian Islands, Bering Sea transient stock) caused by this fishery is 0.25, and overall observed mean annual mortality across all fisheries is 1.25. The PBR for this stock is 5.5. Serious injury/ mortality for the stock across all fisheries is greater than 10% of PBR (0.55), and serious injury/mortality caused by this fishery is between 1% and 50% of PBR (.055 to 2.25). Therefore, serious injury/mortality of this stock drives the fishery’s proposed Category II classification, and NMFS proposes to add a superscript ‘‘1’’ to denote this in Table 1. Alaska Bering Sea/Aleutian Islands Pacific Cod Longline Fishery NMFS proposes to reclassify the ‘‘Alaska Bering Sea/Aleutian Islands Pacific cod longline’’ fishery from Category II to Category III. Category II classification for this fishery was driven by serious injury/mortality to killer whales (Alaska Resident stock) documented in 2003. The fishery was originally classified in Category II in the 2005 LOF after NMFS determined the fishery caused serious injury/mortality of killer whales (Eastern North Pacific resident stock) at 0.8 animals per year, or 11.11% of the stock’s PBR level of 7.2. Based on the most recent available information, there have been no serious injuries or mortalities of killer whales (Alaska Resident stock) in the fishery since 2003. Therefore, NMFS proposes to reclassify this fishery as Category III. Alaska Bering Sea Sablefish Pot Fishery NMFS proposes to reclassify the ‘‘Alaska Bering Sea sablefish pot fishery’’ from Category II to Category III. Category II classification for this fishery VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 was driven by serious injury/mortality of humpback whales (Central North Pacific and Western North Pacific stock). The fishery was reclassified to Category II in the 2005 LOF based on interactions with humpback whales documented in 2002. Estimated serious injury and mortality of humpback whales (Central North Pacific stock) at that time was 0.2 animals per year, or 2.7% of PBR (PBR=7.4). Estimated serious injury and mortality of humpback whales (Western North Pacific stock) was 0.2 animals per year, or 28.57% of PBR (2005 PBR=0.7). No serious injuries or mortalities to these stocks or to any other marine mammal stocks by the Bering Sea sablefish pot fishery have been documented since 2002. Therefore, NMFS proposes to place this fishery in Category III. Hawaii Charter Vessel and Hawaii Trolling, Rod and Reel Fisheries In the proposed 2012 LOF, NMFS proposed elevating the ‘‘Hawaii charter vessel’’ and ‘‘Hawaii trolling, rod and reel’’ fisheries from Category III to Category II on the basis of the fisheries’ interactions with Pantropical spotted dolphins. In the Final 2012 LOF, NMFS concluded that insufficient information existed to support a reclassification and that the agency would reconsider elevating these fisheries in the 2013 LOF. NMFS has reviewed the most recent information and determined that the ‘‘Hawaii charter vessel’’ and ‘‘Hawaii trolling, rod and reel’’ fisheries should remain classified as Category III fisheries. NMFS Pacific Islands Regional Office is engaging in an ongoing effort with the State of Hawaii’s Department of Land and Natural Resources to examine existing fisheries data, and researchers are gathering more information on fishing behavior around Pantropical spotted dolphins. Based on the most current information available, NMFS has again considered whether serious injury or mortality of Pantropical spotted dolphins in the fisheries is ‘‘occasional’’ or a ‘‘remote likelihood.’’ The regulatory definition of a Category II commercial fishery is one that, collectively with other fisheries, is responsible for the annual removal of more than 10% of any marine mammal stock’s PBR level, and that is by itself responsible for the annual removal of between 1% and 50%, exclusive, of any stock’s PBR level (50 CFR 229.2). The Final 2011 SAR and more recent bycatch estimates indicate no serious injuries or mortalities of Pantropical spotted dolphins observed in the Hawaii-based longline fisheries within PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 23713 the U.S. Exclusive Economic Zone (EEZ) (Carretta et al., 2012b; McCracken, 2011). The SAR reports no other sources of recent mortalities except anecdotal reports of hookings in the troll fisheries (Carretta et al., 2012b). Current information does not suggest that total commercial fishery-related mortality and serious injury of the stock exceeds 10% of the PBR of 61 (i.e., 6.1 serious injuries or mortalities per year). NMFS bases this conclusion on the following: (1) The lack of mortality/serious injury reports in the Final 2011 SARs and recent bycatch estimates; (2) The reportedly small number of participants in the troll and charter fisheries who opportunistically fish in close proximity to spotted dolphin groups; (3) The limited geographic and temporal scope of dolphin groups that are known to associate with tuna in Hawaiian waters and fished by local trollers; (4) The likelihood that some portion of that trolling effort around dolphins is recreational and would not count toward an estimation of risk that the commercial fisheries pose to the dolphins; (5) The likelihood that not all interactions between dolphins and the troll fisheries are serious injuries, particularly if an animal is snagged in an appendage or in the body by a hook being dragged through the water. A hooking in the body or an appendage, though case specific, is more likely to be a non-serious injury than an ingested hook, according to NMFS policy for distinguishing serious from non-serious injury of marine mammals (http:// www.nmfs.noaa.gov/pr/laws/mmpa/ policies.htm); (6) The lack of any direct evidence of serious injury or mortality of spotted dolphins in the troll and charter vessel fisheries; and (7) The lack of any other identified sources of incidental mortality/serious injury of this stock of spotted dolphins. There have been no observed or estimated mortalities or serious injuries of spotted dolphins in the Hawaii-based longline fisheries within the U.S. EEZ around Hawaii since 2005, though there are an estimated 0.5 serious injuries or mortalities per year in the deep-set longline fishery on the high seas (Carretta et al., 2012b; McCracken 2011). The fishing technique of trolling in close proximity to groups of Pantropical spotted dolphins, where and when it occurs, presents a heightened risk to the marine mammals. However, this information alone does not provide sufficient evidence with which to E:\FR\FM\22APP1.SGM 22APP1 23714 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules conclude that dolphins are being seriously injured or killed on an occasional basis as a result of these practices. In the absence of evidence of mortality/serious injury, NMFS concludes based on the available information that a Category III classification for the troll and charter fisheries is appropriate. If new information suggests a level of fishery-related mortality/serious injury would, across all fisheries, exceed 10% of the stock’s PBR level, NMFS will recommend appropriate action in future LOFs. Additionally, if the Hawaii pelagic stock of Pantropical spotted dolphins is split into several smaller stocks (with smaller PBRs) in a future SAR, we will reevaluate the impact of the fisheries on those smaller stocks. Number of Vessels/Persons NMFS proposes to update the estimated number of vessels/persons in the commercial fisheries in the Pacific Ocean (Table 1). Updates are based on state and federal fisheries permit data. The estimated number of vessels/ 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/persons in the fishery. NMFS acknowledges that, in some cases, these estimations may be inflations of actual effort. However, in these cases, the numbers represent the potential effort for each fishery, given the multiple gear types several state permits may allow for. NMFS proposes to update the estimated number of persons/vessels operating in the Pacific Ocean as follows: Estimated number of participants (final 2012 LOF) Category Fishery I ......................... II (proposed I) ... II ........................ II ........................ II ........................ II ........................ II (proposed III) II ........................ II ........................ II ........................ II ........................ II ........................ II ........................ III ....................... III ....................... III ....................... III ....................... III ....................... III ....................... III ....................... III ....................... III ....................... HI deep-set (tuna target) longline/set line ........................................................................ CA thresher shark/swordfish drift gillnet ........................................................................... AK Bristol Bay Salmon drift gillnet ................................................................................... AK Bristol Bay salmon set gillnet ..................................................................................... AK Cook Inlet salmon drift gillnet ..................................................................................... AK Kodiak salmon purse seine ........................................................................................ AK Bering Sea, Aleutian Islands Pacific cod longline ...................................................... AK Peninsula/Aleutian Islands salmon set gillnet ............................................................ AK Yakutat salmon set gillnet .......................................................................................... HI shallow-set (swordfish target) longline/set line ............................................................ American Samoa longline ................................................................................................. HI shortline ........................................................................................................................ AK Southeast salmon drift gillnet ..................................................................................... AK Bering Sea, Aleutian Islands Greenland Turbot longline ........................................... AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet .................................... AK roe herring and food/bait herring gillnet ..................................................................... AK roe herring and food/bait purse seine ........................................................................ AK salmon purse seine (excluding salmon purse seine fisheries listed as Category II) AK salmon troll ................................................................................................................. AK Gulf of Alaska Pacific cod longline ............................................................................. AK halibut longline/set line (State and Federal waters) ................................................... AK State-managed waters longline/setline (including sablefish, rockfish, lingcod, and miscellaneous finfish). AK miscellaneous finfish otter/beam trawl ....................................................................... AK shrimp otter trawl and beam trawl (statewide and Cook Inlet) .................................. AK statewide miscellaneous finfish pot ............................................................................ AK BSAI crab pot ............................................................................................................. AK Gulf of Alaska crab pot ............................................................................................... AK southeast Alaska crab pot .......................................................................................... AK Southeast Alaska shrimp pot ...................................................................................... AK shrimp pot, except southeast ..................................................................................... AK Octopus/squid pot ....................................................................................................... AK miscellaneous finfish handline/hand troll and mechanical jig .................................... AK North Pacific halibut handline/hand troll and mechanical jig ..................................... AK herring spawn on kelp pound net ............................................................................... AK Southeast herring roe/food/bait pound net ................................................................. AK urchin and other fish/shellfish ..................................................................................... AK North Pacific halibut, AK bottom fish, WA/OR/CA albacore, groundfish, bottom fish, CA halibut non-salmonid troll fisheries. HI inshore gillnet ............................................................................................................... HI opelu/akule net ............................................................................................................. HI inshore purse seine ..................................................................................................... HI throw net, cast net ....................................................................................................... HI hukilau net .................................................................................................................... HI lobster tangle net ......................................................................................................... American Samoa tuna troll ............................................................................................... HI trolling, rod and reel ..................................................................................................... Commonwealth of the Northern Mariana Islands tuna troll ............................................. Guam tuna troll ................................................................................................................. HI kaka line ....................................................................................................................... tkelley on DSK3SPTVN1PROD with PROPOSALS III III III III III III III III III III III III III III III ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... III III III III III III III III III III III ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\22APP1.SGM Estimated number of participants (proposed 2013 LOF) 124 45 1862 983 571 370 54 115 166 28 26 13 476 29 824 986 361 936 2045 440 2521 1448 129 25 1863 982 569 379 154 114 167 20 24 11 474 36 1702 990 367 935 2008 107 2280 1323 317 32 293 297 300 433 283 15 27 445 228 415 6 570 1,302 (102 AK) 282 33 243 296 389 415 274 210 26 456 180 411 4 521 1,320 (120 AK) 44 16 5 22 27 1 <50 2,191 88 401 24 36 22 <3 29 26 0 7 1,560 40 432 17 22APP1 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules Category III III III III III III III III III III III III III III III III III III III III Fishery ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... ....................... HI vertical longline ............................................................................................................ HI crab trap ....................................................................................................................... HI fish trap ........................................................................................................................ HI lobster trap ................................................................................................................... HI shrimp trap ................................................................................................................... HI crab net ........................................................................................................................ HI Kona crab loop net ...................................................................................................... American Samoa bottomfish ............................................................................................ Commonwealth of the Northern Mariana Islands bottomfish ........................................... Guam bottomfish .............................................................................................................. HI aku boat, pole, and line ............................................................................................... HI Main Hawaiian Islands deep-sea bottomfish handline ................................................ HI inshore handline ........................................................................................................... HI tuna handline ............................................................................................................... Western Pacific squid jig .................................................................................................. HI bullpen trap .................................................................................................................. HI black coral diving ......................................................................................................... HI handpick ....................................................................................................................... HI lobster diving ................................................................................................................ HI spearfishing .................................................................................................................. tkelley on DSK3SPTVN1PROD with PROPOSALS List of Species or Stocks Incidentally Killed or Injured in the Pacific Ocean NMFS proposes to update the list of species or stocks incidentally killed or injured by fisheries in the Pacific Ocean (Table 1). The agency notes here that while only ‘‘serious injuries’’ and mortalities are used to categorize fisheries as Category I, II, or III, the list of species or stocks incidentally killed or injured includes stocks that have any documented injuries, including ‘‘nonserious’’ injuries. For information on how NMFS determines whether a particular injury is serious or nonserious, please see NMFS Instruction 02–038–01, ‘‘Process for Distinguishing Serious from Non-Serious Injury of Marine Mammals’’ (http:// www.nmfs.noaa.gov/pr/laws/mmpa/ policies.htm). NMFS proposes the following updates: NMFS proposes to add sperm whales (CA/OR/WA stock) and bottlenose dolphins (CA/OR/WA offshore stock) to the list of species/stocks incidentally killed or injured in the ‘‘CA thresher shark/swordfish drift gillnet’’ fishery. NMFS further proposes adding a superscript ‘‘1’’ after sperm whale (CA/ OR/WA stock), indicating that this stock is a driver for the Category I classification of the fishery. NMFS also proposes to remove the superscript ‘‘1’’ from the humpback whale (CA/OR/WA stock), because while that stock was driving a Category II classification, levels of serious injury/mortality to that stock are not high enough to drive the proposed Category I classification for that fishery. VerDate Mar<15>2010 Estimated number of participants (final 2012 LOF) 16:36 Apr 19, 2013 Jkt 229001 NMFS proposes to add bottlenose dolphins (CA/OR/WA offshore stock) to the list of species taken in the ‘‘WA/OR/ CA groundfish, bottomfish longline/set line’’ fishery based on a 2009 observer report of an entangled bottlenose dolphin attributed to the CA/OR/WA offshore stock in the Category III ‘‘WA/ OR/CA groundfish, bottomfish longline/ set line’’ fishery. The dolphin was entangled in a buoy line, cut free from the gear, released alive, and swam away with cuts on its tail. This report has not yet appeared in the Pacific Marine Mammal SARs. NMFS proposes to add short-finned pilot whales (Hawaiian stock), to the list of species or stocks incidentally killed or injured in the ‘‘HI shallow-set (swordfish target) longline’’ fishery. The Final 2011 SAR reports no observed injuries or mortalities of short-finned pilot whales in the fishery from 2004– 2008, but one serious injury of an unidentified cetacean (a ‘‘blackfish’’) on the high seas in 2008 that may have been a short-finned pilot whale (Carretta et al., 2012b). A more recent analysis uses a model to prorate blackfish interactions to short-finned pilot whale and false killer whale stocks (see model details in McCracken, 2010). That analysis resulted in a revised estimate of 0.1 short-finned pilot whale mortalities and serious injuries per year in the shallow-set longline fishery for the period 2006–2010 (McCracken, 2011). The fishery has 100% observer coverage. NMFS proposes to remove Bryde’s whales (Hawaiian stock), from the list of species or stocks incidentally killed or injured in the ‘‘Hawaii shallow-set PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 10 5 13 1 2 5 46 <50 <50 200 2 569 416 445 6 4 1 61 39 144 23715 Estimated number of participants (proposed 2013 LOF) 9 9 9 <3 4 6 48 12 28 >300 3 567 378 459 1 <3 <3 57 29 143 (swordfish target) longline’’ fishery. The Final 2011 SAR reported one nonserious injury of a Bryde’s whale in the fishery in 2005 (Carretta et al., 2012b). However, more recent data indicate that no Bryde’s whales have been injured or killed in the fishery in the last five years (McCracken, 2011). Therefore, NMFS proposes to delete the stock from the list of marine mammals incidentally injured or killed by the fishery. The fishery has 100% observer coverage. In the ‘‘HI shallow-set (swordfish target) longline’’ fishery, NMFS proposes to add a superscript ‘‘1’’ following false killer whale (Hawaii pelagic stock), to indicate the stock is driving the fishery’s Category II classification. The fishery has 100% observer coverage. This determination was made based on analysis of the draft 2012 SAR (Carretta et al., 2012a). In the tier 1-analysis, NMFS finds that the total of average annual mortalities and serious injuries for this stock across all fisheries within the U.S. EEZ around Hawaii is 13.8 (Carretta et al., 2012a). False killer whales (Hawaii pelagic stock) have a PBR of 9.1. Thus, annual mortality and serious injury is 151.6% of PBR, exceeding 10% of PBR. In the tier-2 analysis, the shallow-set longline fishery has an average annual serious injury/mortality rate of 0.2 (Carretta et al., 2012a). This is 2.2% of the 9.1 PBR level, between 1% and 50% of PBR. Therefore, the stock is a driver of the fishery’s Category II classification. The ‘‘Hawaii shallow-set (swordfish target) longline’’ fishery was previously classified as Category II based on mortalities and serious injuries of bottlenose dolphin (Hawaii pelagic E:\FR\FM\22APP1.SGM 22APP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 23716 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules stock). Review of the most recent information indicates that, across all U.S. fisheries within the U.S. EEZ, total mortalities and serious injuries of this stock (0.4 per year) do not exceed 10% of its PBR of 18 (Carretta et al., 2012b). NMFS proposes to remove the superscript ‘‘1’’ following bottlenose dolphin (Hawaii pelagic stock), to indicate the stock is no longer driving the fishery’s Category II classification. However, as discussed above, because recent data analyzed for the 2013 LOF indicate that false killer whales (Hawaii pelagic stock) are seriously injured or killed by this fishery at a Category II level, the fishery remains classified as Category II. NMFS proposes to remove humpback whales (Central North Pacific stock) from the list of species or stocks incidentally killed or injured in the ‘‘Hawaii deep-set (tuna target) longline’’ fishery. Though the fishery has had nonserious injuries of this stock in the past (one each in 2001, 2002, and 2004), the most recent five-year period for which information is readily available indicates that the fishery caused no documented injuries or deaths to this stock during this period (Forney, 2010; McCracken, 2011; Allen and Angliss, 2012a; Allen and Angliss, 2012b). The fishery has approximately 20% observer coverage. Therefore, NMFS proposes to delete the stock from the list of marine mammals incidentally injured or killed by the fishery. NMFS proposes to remove Blainville’s beaked whales (Hawaiian stock), from the list of species or stocks incidentally killed or injured in the ‘‘Hawaii deepset (tuna target) longline’’ fishery. The most recent five-year period for which information is readily available indicates that the fishery caused no documented injuries or deaths to Blainville’s beaked whales during this period (McCracken, 2011). Therefore, NMFS proposes to delete the stock from the list of marine mammals incidentally injured or killed by the fishery. The fishery has approximately 20% observer coverage. NMFS proposes to add pantropical spotted dolphins (Hawaii stock) to the list of species or stocks incidentally injured or killed in the Category III ‘‘Hawaii trolling, rod and reel’’ and ‘‘Hawaii charter vessel’’ fisheries. As noted in the discussion above regarding the ‘‘Hawaii trolling, rod and reel’’ and ‘‘Hawaii charter vessel’’ fisheries classification, available information indicates that pantropical spotted dolphins are incidentally injured in these fisheries at low levels. There is no observer coverage in these fisheries. NMFS notes here, again, that while VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 classification of a fishery in Category I, II, or III under the MMPA requires evidence of ‘‘serious injury or mortality,’’ the list of species or stocks incidentally injured or killed requires only evidence of ‘‘injury,’’ a term that includes non-serious injuries. While NMFS does not propose to reclassify these fisheries, the agency finds that sufficient evidence exists to list the Pantropical spotted dolphin as an incidentally injured stock in these fisheries. NMFS proposes several changes to the list of marine mammal stocks incidentally killed or injured in the Category II ‘‘Alaska Bering Sea and Aleutian Islands Flatfish trawl’’ fishery. First, NMFS proposes to add gray whales (Eastern North Pacific stock) to the list of incidentally injured or killed stocks. Serious injury/mortality to a gray whale in this fishery was documented in 2010. Second, NMFS proposes to add humpback whales (Western North Pacific stock) to the list of species or stocks incidentally injured or killed by this fishery. Serious injury/mortality to a humpback whale by this fishery was documented in 2010. Mean annual serious injury/mortality for the 2007– 2010 period for humpback whales (Western North Pacific stock) caused by this fishery is 0.25, and overall mean annual serious injury/mortality across all fisheries is 0.62. The PBR for this stock is 2.6. Serious injury/mortality for this stock across all fisheries is greater than 10 percent of PBR (0.26). Serious injury/mortality caused by this fishery is between 1 percent and 50 percent of PBR (0.026 to 1.3). Therefore, serious injury/mortality of this stock is a driver of the fishery’s existing Category II classification and NMFS proposes to add a superscript ‘‘1’’ to denote this in Table 1. Third, NMFS proposes to add killer whales (Gulf of Alaska, Aleutian Islands, and Bering Sea transient stock) to the list of incidentally injured or killed stocks. Serious injury/mortality to a killer whale was documented in 2008 and 2009. Mean annual serious injury/ mortality for the 2007–2010 period for killer whales caused by this fishery is 0.75, and overall mean annual serious injury/mortality across all fisheries is 1.37. The PBR for this stock is 5.5. Serious injury/mortality for the stocks across all fisheries is greater than 10 percent of PBR (.55), and serious injury/ mortality caused by this fishery is between 1 percent and 50 percent of PBR (.055 to 2.25). Therefore, serious injury/mortality of this stock drives the fishery’s Category II classification, and NMFS proposes to add a superscript ‘‘1’’ to denote this in Table 1. Fourth, NMFS PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 proposes to add ringed seals (Alaska stock) to the list of stocks incidentally injured or killed by the fishery. Serious injury/mortality to ringed seals was documented in 2008 and 2009. NMFS proposes several changes to the list of marine mammal stocks incidentally killed or injured in the Category II ‘‘Alaska Bering Sea and Aleutian Islands Pollock trawl’’ fishery. First, NMFS proposes to add ringed seals (Alaska stock) to the list of incidentally injured or killed stocks by this fishery. Serious injury/mortality to ringed seals was documented in 2008 and 2009 in this fishery. Second, NMFS proposes to add bearded seals (Alaska stock) to the list of incidentally injured or killed stocks by this fishery. Injury/ mortality to bearded seals was documented in 2007, 2008, 2009, and 2010. Third, NMFS proposes to add Northern fur seals (Eastern Pacific stock) to the list of incidentally injured or killed stocks by this fishery. Injury/ mortality to fur seals was documented in 2007, 2008, and 2010. Fourth, NMFS proposes to remove killer whales (Eastern North Pacific, Gulf of Alaska, Aleutian Islands, and Bering Sea transient stock) from the list of incidentally injured or killed marine mammal stocks by this fishery. There have been no documented injuries or mortalities to killer whales by this fishery since 2003. Fifth, NMFS proposes to remove minke whales (Alaska stock) from the list of incidentally injured or killed marine mammal stocks by this fishery. There have been no documented injuries or mortalities to minke whales by this fishery since 2000. NMFS proposes several changes to the list of marine mammal stocks incidentally injured or killed by the proposed Category III ‘‘Alaska Bering Sea and Aleutian Islands Pacific Cod longline’’ fishery. First, NMFS proposes to add Northern fur seals (eastern Pacific stock) to the list of species or stocks incidentally injured or killed by this fishery. Serious injury/mortality to Northern fur seals was documented in 2010. Second, NMFS proposes to add Dall’s Porpoise (Alaska stock) to the list of marine mammal stocks incidentally injured or killed by the fishery. Serious injury/mortality to Dall’s porpoise was documented in 2009. Third, NMFS proposes to remove Steller sea lions (Western United States stock) from the list of species or stocks incidentally injured or killed by this fishery. There have been no documented injuries or mortalities of Steller sea lions (Western United States stock) in this fishery since 2006. Fourth, NMFS proposes to remove ribbon seals (Alaska stock) from the list E:\FR\FM\22APP1.SGM 22APP1 23717 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules of species or stocks incidentally injured or killed by this fishery. There have been no documented injuries or mortalities of ribbon seals (Alaska stock) in this fishery since 2001. Fifth, NMFS proposes to remove killer whales (Alaska Resident stock) from the list of species or stocks incidentally injured or killed by this fishery. There have been no documented injuries or mortalities of killer whales (Alaska Resident stock) in this fishery since 2000. NMFS proposes to add Steller sea lions (Western United States stock) to the list of marine mammal stocks incidentally injured or killed by the Category III ‘‘Gulf of Alaska Pacific Cod longline’’ fishery. Serious injury/ mortality to Steller sea lions (Western United States stock) by this fishery was documented in 2008 and 2010. Mean annual serious injury/mortality for the 2007–2010 period for Steller sea lions (Western United States stock) caused by this fishery is 4.4, and overall mean annual serious injury/mortality across all fisheries is 28.25. The PBR for this stock is 275. Serious injury/mortality for this stock across all fisheries is therefore slightly greater than 10 percent of PBR (27.5). While data from the SARs suggests serious injury/mortality caused by the fishery amounts to 1.6% of PBR, more recent results using updated methodologies for estimating total actual serious injury/mortality indicate serious injury/mortality is substantially less than 1% of PBR. Therefore, NMFS proposes to add the stock to the list of marine mammal stocks incidentally injured or killed by the fishery but not reclassify the fishery at this time. Therefore, the stock does not drive the fishery’s classification. NMFS proposes to remove Steller sea lions (Eastern United States stock) from the list of marine mammals incidentally injured or killed by the Category III ‘‘Gulf of Alaska Sablefish longline’’ fishery. There has been no documented injury/mortality of the stock in this fishery since 2000. NMFS proposes to remove Steller sea lions (Eastern United States stock) from the list of marine mammals incidentally injured or killed by the Category III ‘‘Alaska Halibut longline’’ fishery. There has been no documented injury/ mortality to the stock by this fishery since 1995. NMFS proposes to add ribbon seal (Alaska stock) to the list of marine mammal stocks incidentally injured or killed by the Category III ‘‘Atka Mackerel trawl’’ fishery. Serious injury/ mortality to ribbon seals (Alaska stock) in this fishery was documented in 2007 and 2009. NMFS proposes to remove harbor seals (Bering Sea stock) from the list of marine mammals incidentally injured or killed by the Category III ‘‘Bering Sea/ Aleutian Islands Pacific Cod trawl’’ fishery. There has been no documented injury or mortality to the stock by this fishery since 2004. NMFS proposes to remove humpback whales (Western North Pacific stock) and (Central North Pacific stock) from the list of marine mammals incidentally injured or killed by the proposed Category III ‘‘Alaska Bering Sea sablefish pot’’ fishery. There have been no documented injuries or mortalities to these stocks by the fishery over the last five years. Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean Number of Vessels/Persons NMFS proposes to update the estimated number of vessels/persons in the commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean (Table 2). Updates are based on state and federal fisheries permit data. The estimated number of vessels/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/persons in the fishery. NMFS acknowledges that, in some cases, these estimations may be inflations of actual effort. However, in these cases, the numbers represent the potential effort for each fishery, given the multiple gear types several state permits may allow. NMFS proposes the following updates to the estimated number of vessels/ persons in commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean. Estimated number of participants (final 2012 LOF) tkelley on DSK3SPTVN1PROD with PROPOSALS Category Fishery I ......................... I ......................... I ......................... I ......................... II ........................ II ........................ II ........................ II ........................ II ........................ II ........................ II ........................ II ........................ II ........................ II ........................ II ........................ II ........................ II ........................ II ........................ III ....................... III ....................... III ....................... III ....................... III ....................... III ....................... Atlantic Ocean, Caribbean, Gulf of Mexico large pelagic longline ................................... Northeast Sink Gillnet ....................................................................................................... Mid Atlantic Gillnet ............................................................................................................ Northeast/Mid Atlantic American Lobster Trap/Pot .......................................................... North Carolina inshore gillnet ........................................................................................... Southeast Atlantic gillnet .................................................................................................. Atlantic blue crab trap/pot ................................................................................................. Northeast Anchored Float Gillnet ..................................................................................... Northeast Mid Water Trawl (including pair trawl) ............................................................. Mid Atlantic Mid Water Trawl (including pair trawl and flynet) ......................................... Mid Atlantic Beach Haul Seine ......................................................................................... Northeast Bottom Trawl .................................................................................................... Virginia Pound Net ............................................................................................................ Northeast Drift Gillnet ....................................................................................................... Atlantic Mixed Species Trap/Pot ...................................................................................... Mid Atlantic Bottom Trawl ................................................................................................. Chesapeake Bay Inshore Gillnet ...................................................................................... Mid Atlantic Menhaden Purse Seine ................................................................................ Atlantic Shellfish Bottom Trawl ......................................................................................... Gulf of Maine Atlantic Herring Purse Seine ..................................................................... Northeast, Mid-Atlantic Bottom Longline/Hook & Line ..................................................... Gulf of Maine, U.S. Mid-Atlantic Sea Scallop Dredge ..................................................... Gulf of Maine herring and Atlantic mackerel stop seine/weir .......................................... Gulf of Maine, U.S. Mid-Atlantic tuna, shark swordfish hook-and-line/harpoon .............. VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\22APP1.SGM 22APP1 94 3,828 6,402 11,767 2,250 779 10,008 414 887 669 874 2,584 231 414 3,526 1,388 3,328 56 >86 >6 >1,281 >230 Unknown >403 Estimated number of participants (proposed 2013 LOF) 420 4,375 5,509 11,693 1,323 357 8,557 421 1,103 322 565 2,987 67 311 3,467 631 1,126 5 >58 >7 >1,207 >403 >1 428 23718 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules List of Species or Stocks Incidentally Killed or Injured NMFS proposes the following additions and deletions from the list of marine mammal species and stocks incidentally killed or injured in commercial fisheries in the Atlantic, Gulf of Mexico, and Caribbean found in Table 2 of the LOF. These additions and deletions are based on information contained in the U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments, strandings data, and/or observer data. The agency notes here that while only ‘‘serious injuries’’ and mortalities are used to categorize fisheries as Category I, II, or III, the list of species or stocks incidentally killed or injured includes stocks that have any documented injuries, including ‘‘nonserious’’ injuries. For information on how NMFS determines whether a particular injury is serious or nonserious, please see NMFS Instruction 02–038–01, ‘‘Process for Distinguishing Serious from Non-Serious Injury of Marine Mammals’’ (http:// www.nmfs.noaa.gov/pr/laws/mmpa/ policies.htm). NMFS proposes the following updates: NMFS proposes two changes to the ‘‘Atlantic Ocean, Caribbean, Gulf of Mexico large pelagic longline’’ fishery. NMFS proposes to remove bottlenose dolphin (Northern Gulf of Mexico continental shelf stock) and to remove Gervais beaked whales (Gulf of Mexico oceanic stock) from the list of marine mammal stocks incidentally injured or killed in the fishery. There have been no documented injuries or mortalities of the stocks in this fishery over the last five years. NMFS proposes to remove bottlenose dolphin (Eastern Gulf of Mexico coastal stock) from the list of marine mammal stocks incidentally injured or killed in the ‘‘Gulf of Mexico gillnet’’ fishery. There have been no documented injuries or mortalities of the stock in this fishery over the last five years. Additionally, this stock’s distribution and fishery effort no longer overlap. NMFS proposes to remove Atlantic spotted dolphins (Western North Atlantic stock) from the list of marine mammal stocks incidentally injured or killed in the ‘‘Southeastern U.S. Atlantic shark gillnet’’ fishery. There have been no documented injuries or mortalities to the stock by this fishery over the last five years. NMFS proposes to remove bottlenose dolphins (Eastern Gulf of Mexico coastal stock) from the list of marine mammal stocks incidentally injured or killed in the ‘‘Gulf of Mexico menhaden purse seine’’ fishery. There have been no documented injuries or mortalities to the stock by this fishery over the last five years. Additionally, this stock’s distribution and fishery effort no longer overlap. NMFS proposes to remove dwarf sperm whales (Western North Atlantic stock) from the list of marine mammal stocks incidentally injured or killed in the ‘‘Caribbean gillnet’’ fishery. There have been no documented injuries or mortalities to the stock by this fishery over the last five years. NMFS proposes to add bottlenose dolphin (Southern South Carolina/ Georgia coastal stock) to the ‘‘Georgia cannonball jellyfish trawl’’ fishery based on observed mortalities in April 2011 and March 2012. The potential biological removal level and the total annual human-caused mortality and serious injury for this stock is currently unknown (Waring et al. 2012). NMFS proposes to add minke whales (Canadian East Coast stock) to the list of species incidentally killed or injured in the Category II ‘‘Northeast bottom trawl’’ fishery based on observed mortalities of minke whales reported in 2004 (one animal) and 2008 (two animals). NMFS proposes to add Risso’s dolphins (Western North Atlantic stock) to the list of species incidentally killed or injured in the Category I ‘‘MidAtlantic gillnet’’ fishery. The 2006–2010 average annual mortality and serious injury estimate for this fishery is 6.4 animals per year (Waring et al. 2012b). NMFS proposes to add long-finned pilot whales (Western North Atlantic stock) and short-finned pilot whales (Western North Atlantic stock) to the list of species incidentally killed or injured in the Category I ‘‘Northeast sink gillnet’’ fishery based on the observed take of one pilot whale (species unknown) in 2010. The average annual mortality and serious injury of pilot whales in this fishery is unknown at this time (Waring et al. 2012a). NMFS proposes to add common dolphins (Western North Atlantic stock) to the list of species incidentally killed or injured in the Category II ‘‘Northeast mid-water trawl’’ fishery. Common dolphin mortality was observed in this fishery in 2010 (Waring et al. 2012b) and in 2012. An expanded annual mortality and serious injury estimate for this fishery has not yet been calculated (Waring et al. 2012b). NMFS proposes to add gray seals (Western North Atlantic stock) to the list of species incidentally killed or injured in the Category II ‘‘Northeast mid-water trawl’’ fishery. One gray seal mortality was observed in this fishery in March 2012. An expanded annual mortality and injury rate for this fishery has not yet been generated (Waring et al. 2012b). NMFS proposes to add gray seals (Western North Atlantic stock) to the list of species incidentally killed or injured in the Category II ‘‘Mid-Atlantic bottom trawl’’ fishery. Two gray seal mortalities were observed in July 2011. An expanded annual mortality and injury rate for this fishery has not yet been generated. Commercial Fisheries on the High Seas Number of Vessels/Persons NMFS proposes to update the estimated number of HSFCA permits in multiple high seas fisheries for multiple gear types (Table 3). The proposed updated numbers of HSFCA permits reflect the current number of permits in the NMFS National Permit System database. Number of HSFCA permits (final 2012 LOF) tkelley on DSK3SPTVN1PROD with PROPOSALS Category High seas fishery I ......................... II ........................ II ........................ II ........................ II ........................ II ........................ II ........................ II ........................ II ........................ II ........................ Atlantic Highly Migratory Species Longline ...................................................................... Atlantic HMS Drift Gillnet .................................................................................................. Pacific HMS Drift Gillnet ................................................................................................... Atlantic HMS Trawl ........................................................................................................... Western Pacific Pelagic Trawl .......................................................................................... South Pacific Tuna Purse Seine ...................................................................................... South Pacific Tuna Longline ............................................................................................. Pacific HMS Handline/Pole and Line ............................................................................... South Pacific Albacore Handline/Pole and Line ............................................................... Western Pacific Pelagic Handline/Pole and Line ............................................................. VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\22APP1.SGM 22APP1 81 1 3 3 1 33 11 30 8 8 Number of HSFCA permits (proposed 2013 LOF) 79 2 4 5 0 38 10 40 7 6 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules Number of HSFCA permits (final 2012 LOF) Category High seas fishery II ........................ II ........................ II ........................ III ....................... III ....................... III ....................... Atlantic HMS Troll ............................................................................................................. South Pacific Albacore Troll ............................................................................................. Western Pacific Pelagic Troll ............................................................................................ Pacific HMS Longline ....................................................................................................... Pacific HMS Purse Seine ................................................................................................. Pacific HMS Troll .............................................................................................................. tkelley on DSK3SPTVN1PROD with PROPOSALS List of Species or Stocks Incidentally Killed or Injured in High Seas Fisheries (Table 3) NMFS proposes to update the list of species or stocks incidentally killed or injured by fisheries in High Seas Fisheries (provided in Table 3). The agency notes here that while only ‘‘serious injuries’’ and mortalities are used to categorize fisheries as Category I, II, or III, the list of species or stocks incidentally killed or injured includes stocks that have any documented injuries, including ‘‘non-serious’’ injuries. For information on how NMFS determines whether a particular injury is serious or non-serious, please see NMFS Instruction 02–038–01, ‘‘Process for Distinguishing Serious from NonSerious Injury of Marine Mammals’’ (http://www.nmfs.noaa.gov/pr/laws/ mmpa/policies.htm). NMFS proposes the following updates: NMFS proposes to remove humpback whales (Central North Pacific stock) and Blainville’s beaked whales (Hawaiian and unknown stocks) from the list of species and stocks incidentally killed or injured in the ‘‘Western Pacific Pelagic (HI Deep-set component)’’ fishery, to be consistent with the Table 1 recommendations above. As noted on the 2012 LOF, this high seas fishery is an extension/component of the existing ‘‘Hawaii deep-set longline’’ fishery operating within U.S. waters, listed on Table 1. The marine mammal species or stocks listed as killed or injured in the fishery on Table 3 have either been observed taken by the fishery on the high seas, or are included so that the list is identical to the list of species or stocks killed or injured in the U.S. waters component of the fishery (on Table 1) because the high seas component of the fishery poses the same risk to marine mammals as the component operating in U.S. waters. Thus, NMFS proposes to remove these stocks from the list of species/stocks injured or killed in the high seas component of the fishery, to be consistent with the list of species/stocks in the U.S. waters component of the fishery. VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 NMFS proposes to remove Bryde’s whales (Hawaiian and unknown stocks) and add short-finned pilot whales (Hawaiian and unknown stocks) to the list of species and stocks incidentally killed or injured in the ‘‘Western Pacific Pelagic (HI Shallow-set component)’’ fishery, to be consistent with the Table 1 recommendations above. As noted on the 2012 LOF, this high seas fishery is an extension/component of the existing ‘‘Hawaii shallow-set longline’’ fishery operating within U.S. waters, listed on Table 1. The marine mammal species or stocks listed as killed or injured in the fishery on Table 3 have either been observed taken by the fishery on the high seas, or are included so that the list is identical to the list of species or stocks killed or injured in the U.S. waters component of the fishery (on Table 1), because the high seas component of the fishery poses the same risk to marine mammals as the component operating in U.S. waters. Additionally, as noted in the 2012 LOF, NMFS included ‘‘unknown’’ stocks of the species observed taken on the high seas to acknowledge that, since stock boundaries are undefined on the high seas, the fishery may be interacting with unknown, undefined stocks beyond the range of the Hawaii pelagic stocks. Therefore, NMFS proposes to remove Bryde’s whales (Hawaiian and unknown stocks) and add short-finned pilot whales (Hawaiian and unknown stocks) to the list of species/stocks injured or killed in the high seas component of the fishery to be consistent with the list of species/stocks injured or killed in the U.S. waters component of the fishery. Fisheries Affected by Take Reduction Teams and Plans NMFS proposes to update the list of fisheries affected by take reduction teams and plans found in Table 4 of the LOF. In the Atlantic, Gulf of Mexico, and Caribbean region, two updates are proposed: The Atlantic portion of the ‘‘Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery’’ is subject to the Bottlenose Dolphin Take Reduction Plan (BDTRP), and the PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 7 51 32 84 7 258 23719 Number of HSFCA permits (proposed 2013 LOF) 5 36 22 96 6 263 ‘‘Chesapeake Bay inshore gillnet fishery’’ is also subject to the BDTRP. The ‘‘Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery’’ was reclassified to Category II in the 2011 LOF. The Atlantic portion of this fishery is known to interact with the Bottlenose dolphin, South Carolina/Georgia coastal stock. This stock is strategic and managed under the BDTRP. For that reason, this fishery will be included within the scope of the BDTRP. The ‘‘Chesapeake Bay inshore gillnet fishery’’ utilizes a gear type that is known to cause serious injury and mortality to bottlenose dolphins. This fishery has the potential for interacting with three bottlenose dolphin stocks (Southern migratory coastal, Northern migratory coastal, and Northern North Carolina estuarine) managed under the BDTRP. For these reasons, this fishery will be included within the scope of the BDTRP. In the Pacific Ocean region, the False Killer Whale Take Reduction Plan final rule and implementing regulations were published in the Federal Register on November 29, 2012 (77 FR 71260). Therefore, NMFS proposes to add ‘‘False Killer Whale Take Reduction Plan (FKWTRP)—50 CFR 229.37’’ to the list of take reduction plans. Affected fisheries include the Category I ‘‘Hawaii deep-set (tuna target) longline/set line’’ and Category II ‘‘Hawaii shallow-set (swordfish target) longline/set line’’ fisheries. List of Fisheries The following tables set forth the proposed 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/persons participating in fisheries operating within U.S. waters is expressed in terms of the number of active participants in the fishery, when E:\FR\FM\22APP1.SGM 22APP1 23720 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules 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/persons in the fishery. NMFS acknowledges that, in some cases, these estimations may be inflations of actual effort, such as for many of the MidAtlantic and New England fisheries. However, in these cases, the numbers represent the potential effort for each fishery, given the multiple gear types several state permits may allow for. 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. Table 1 and 2 serve to provide a description of the fishery’s potential effort (state and Federal). If NMFS is able to extract more accurate information on the gear types used by state permit holders in the future, the numbers will be updated to reflect this change. For additional information on fishing effort in fisheries found on Table 1 or 2, NMFS refers the reader to contact the relevant regional office (contact information included above in SUPPLEMENTARY INFORMATION). For high seas fisheries, Table 3 lists the number of currently valid HSFCA permits 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. Tables 1, 2, and 3 also list the marine mammal species or stocks incidentally killed or injured in each fishery based on observer data, logbook data, stranding reports, disentanglement network data, and MMAP reports. This list includes all species or stocks known to be injured or killed in a given fishery but also includes species or stocks for which there are anecdotal records of an injury or mortality. Additionally, species identified by logbook entries, stranding data, or fishermen self-reports (i.e., MMAP reports) may not be verified. In Tables 1 and 2, NMFS has designated those stocks driving a fishery’s classification (i.e., the fishery is classified based on serious injuries and mortalities of a marine mammal stock that are greater than 50 percent [Category I], or greater than 1 percent and less than 50 percent [Category II], of a stock’s PBR) by a ‘‘1’’ after the stock’s name. In Tables 1 and 2, there are several fisheries classified as Category II that have no recent documented injuries or mortalities of marine mammals, or fisheries that did not result in a serious injury or mortality rate greater than 1 percent of a stock’s PBR level based on known interactions. NMFS has classified these fisheries by analogy to other Category I or II fisheries that use similar fishing techniques or gear that are known to cause mortality or serious injury of marine mammals, as discussed in the final LOF for 1996 (60 FR 67063, December 28, 1995), and according to factors listed in the definition of a ‘‘Category II fishery’’ in 50 CFR 229.2 (i.e., fishing techniques, gear 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). NMFS has designated those fisheries listed by analogy in Tables 1 and 2 by a ‘‘ 2’’ after the fishery’s name. There are several fisheries in Tables 1, 2, and 3 in which a portion of the fishing vessels cross the EEZ boundary and therefore operate both within U.S. waters and on the high seas. These fisheries, though listed separately between Table 1 or 2 and Table 3, are considered the same fishery on either side of the EEZ boundary. NMFS has designated those fisheries in each table by a ‘‘*’’ after the fishery’s name. TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN Estimated number of vessels/persons Fishery description Marine mammal species and stocks incidentally killed or injured CATEGORY I 129 GILLNET FISHERIES: CA thresher shark/swordfish drift gillnet (≥14 in mesh) * .. tkelley on DSK3SPTVN1PROD with PROPOSALS LONGLINE/SET LINE FISHERIES: HI deep-set (tuna target) longline/set line *∧ .................... 25 Bottlenose dolphin, HI Pelagic. False killer whale, HI Insular.1 False killer whale, HI Pelagic.1 False killer whale, Palmyra Atoll. Pantropical spotted dolphin, HI. Risso’s dolphin, HI. Short-finned pilot whale, HI. Striped dolphin, HI. Bottlenose dolphin, CA/OR/WA offshore. California sea lion, U.S. Humpback whale, CA/OR/WA. Long-beaked common dolphin, CA. 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. Sperm Whale, CA/OR/WA.1 CATEGORY II GILLNET FISHERIES: CA halibut/white seabass and other species set gillnet (>3.5 in mesh). VerDate Mar<15>2010 18:05 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00037 50 Fmt 4702 Sfmt 4702 California sea lion, U.S. Harbor seal, CA. Humpback whale, CA/OR/WA.1 Long-beaked common dolphin, CA. E:\FR\FM\22APP1.SGM 22APP1 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules 23721 TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons Fishery description 30 AK Bristol Bay salmon drift gillnet 2 ................................... 1,863 AK Bristol Bay salmon set gillnet 2 .................................... 982 AK Kodiak salmon set gillnet ............................................ 188 AK Cook Inlet salmon set gillnet ....................................... 738 AK Cook Inlet salmon drift gillnet ...................................... 569 AK Peninsula/Aleutian Islands salmon drift gillnet 2 .......... 162 AK Peninsula/Aleutian Islands salmon set gillnet 2 ........... 114 AK Prince William Sound salmon drift gillnet ................... 537 AK Southeast salmon drift gillnet ...................................... 474 AK Yakutat salmon set gillnet 2 ......................................... tkelley on DSK3SPTVN1PROD with PROPOSALS CA yellowtail, barracuda, and white seabass drift gillnet (mesh size ≥3.5 in and <14 in) 2. 167 WA Puget Sound Region salmon drift gillnet (includes all inland waters south of US-Canada border and eastward of the Bonilla-Tatoosh line-Treaty Indian fishing is excluded). PURSE SEINE FISHERIES: AK Cook Inlet salmon purse seine ................................... AK Kodiak salmon purse seine ......................................... TRAWL FISHERIES: AK Bering Sea, Aleutian Islands flatfish trawl .................. 210 VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00038 Marine mammal species and stocks incidentally killed or injured Northern elephant seal, CA breeding. Sea otter, CA. Short-beaked common dolphin, CA/OR/WA. California sea lion, U.S. Long-beaked common dolphin, CA. Short-beaked common dolphin, CA/OR/WA. Beluga whale, Bristol Bay. Gray whale, Eastern North Pacific. Harbor seal, Bering Sea. Northern fur seal, Eastern Pacific. Pacific white-sided dolphin, North Pacific. Spotted seal, AK. Steller sea lion, Western U.S. Beluga whale, Bristol Bay. Gray whale, Eastern North Pacific. Harbor seal, Bering Sea. Northern fur seal, Eastern Pacific. Spotted seal, AK. Harbor porpoise, GOA.1 Harbor seal, GOA. Sea otter, Southwest AK. Steller sea lion, Western U.S. Beluga whale, Cook Inlet. Dall’s porpoise, AK. Harbor porpoise, GOA. Harbor seal, GOA. Humpback whale, Central North Pacific.1 Steller sea lion, Western U.S. Beluga whale, Cook Inlet. Dall’s porpoise, AK. Harbor porpoise, GOA.1 Harbor seal, GOA. Steller sea lion, Western U.S. Dall’s porpoise, AK. Harbor porpoise, GOA. Harbor seal, GOA. Northern fur seal, Eastern Pacific. Harbor porpoise, Bering Sea. Steller sea lion, Western U.S. Dall’s porpoise, AK. Harbor porpoise, GOA.1 Harbor seal, GOA. Northern fur seal, Eastern Pacific. Pacific white-sided dolphin, North Pacific. Sea otter, South Central AK. Steller sea lion, Western U.S.1 Dall’s porpoise, AK. Harbor porpoise, Southeast AK. Harbor seal, Southeast AK. Humpback whale, Central North Pacific.1 Pacific white-sided dolphin, North Pacific. Steller sea lion, Eastern U.S. Gray whale, Eastern North Pacific. Harbor Porpoise, Southeastern AK. Harbor seal, Southeast AK. Humpback whale, Central North Pacific (Southeast AK). Dall’s porpoise, CA/OR/WA. Harbor porpoise, inland WA.1 Harbor seal, WA inland. 82 379 34 Fmt 4702 Humpback whale, Central North Pacific.1 Humpback whale, Central North Pacific.1 Bearded seal, AK. Gray whale, Eastern North Pacific. Harbor porpoise, Bering Sea. Harbor seal, Bering Sea. Humpback whale, Western North Pacific.1 Killer whale, AK resident.1 Sfmt 4702 E:\FR\FM\22APP1.SGM 22APP1 23722 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons Fishery description AK Bering Sea, Aleutian Islands pollock trawl .................. 95 Bering Sea, Aleutian Islands rockfish trawl ...................... 28 POT, RING NET, AND TRAP FISHERIES: CA spot prawn pot ............................................................ 27 CA Dungeness crab pot .................................................... 534 OR Dungeness crab pot ................................................... 433 WA/OR/CA sablefish pot ................................................... WA coastal Dungeness crab pot/trap ............................... 309 228 LONGLINE/SET LINE FISHERIES: HI shallow-set (swordfish target) longline/set line *∧ ......... 20 American Samoa longline 2 ............................................... 24 HI shortline 2 ...................................................................... 11 Marine mammal species and stocks incidentally killed or injured Killer whale, GOA, AI, BS transient.1 Northern fur seal, Eastern Pacific. Ringed seal, AK. Ribbon seal, AK. Spotted seal, AK. Steller sea lion, Western U.S.1 Walrus, AK. Bearded Seal, AK. Dall’s porpoise, AK. Harbor seal, AK. Humpback whale, Central North Pacific. Humpback whale, Western North Pacific. Northern fur seal, Eastern Pacific. Ribbon seal, AK. Ringed seal, AK. Spotted seal, AK. Steller sea lion, Western U.S.1 Killer whale, ENP AK resident.1 Killer whale, GOA, AI, BS transient 1 Gray whale, Eastern North Pacific. Humpback whale, CA/OR/WA.1 Gray whale, Eastern North Pacific. Humpback whale, CA/OR/WA.1 Gray whale, Eastern North Pacific. Humpback whale, CA/OR/WA 1 Humpback whale, CA/OR/WA.1 Gray whale, Eastern North Pacific. Humpback whale, CA/OR/WA.1 Bottlenose dolphin, HI Pelagic. False killer whale, HI Pelagic.1 Humpback whale, Central North Pacific. Kogia sp. whale (Pygmy or dwarf sperm whale), HI. Risso’s dolphin, HI. Short-finned pilot whale, HI. Striped dolphin, HI. False killer whale, American Samoa. Rough-toothed dolphin, American Samoa. None documented. CATEGORY III GILLNET FISHERIES: AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet. AK miscellaneous finfish set gillnet ................................... AK Prince William Sound salmon set gillnet ..................... 1702 Harbor porpoise, Bering Sea. 3 30 Steller sea lion, Western U.S. Harbor seal, GOA. Steller sea lion, Western U.S. None documented. None documented. Bottlenose dolphin, HI. Spinner dolphin, HI. Harbor seal, OR/WA coast. 990 304 36 WA Grays Harbor salmon drift gillnet (excluding treaty Tribal fishing). WA/OR herring, smelt, shad, sturgeon, bottom fish, mullet, perch, rockfish gillnet. WA/OR lower Columbia River (includes tributaries) drift gillnet. WA Willapa Bay drift gillnet ............................................... tkelley on DSK3SPTVN1PROD with PROPOSALS AK roe herring and food/bait herring gillnet ...................... CA set gillnet (mesh size <3.5 in) ..................................... HI inshore gillnet ............................................................... 24 913 110 16:36 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00039 California sea lion, U.S. Harbor seal, OR/WA coast. Harbor seal, OR/WA coast. Northern elephant seal, CA breeding. 82 PURSE SEINE, BEACH SEINE, ROUND HAUL, THROW NET AND TANGLE NET FISHERIES: AK Southeast salmon purse seine .................................... AK Metlakatla salmon purse seine ................................... AK miscellaneous finfish beach seine .............................. AK miscellaneous finfish purse seine ............................... AK octopus/squid purse seine .......................................... AK roe herring and food/bait herring beach seine ............ AK roe herring and food/bait herring purse seine ............ VerDate Mar<15>2010 None documented. 415 10 1 2 0 6 367 Fmt 4702 Sfmt 4702 None None None None None None None documented in the most recent 5 years of data. documented. documented. documented. documented. documented. documented. E:\FR\FM\22APP1.SGM 22APP1 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules 23723 TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/persons Fishery description Marine mammal species and stocks incidentally killed or injured AK salmon beach seine .................................................... AK salmon purse seine (excluding salmon purse seine fisheries listed as Category II). CA anchovy, mackerel, sardine purse seine .................... 31 935 CA squid purse seine ........................................................ 80 CA tuna purse seine * ....................................................... WA/OR sardine purse seine ............................................. WA (all species) beach seine or drag seine ..................... WA/OR herring, smelt, squid purse seine or lampara ...... WA salmon purse seine .................................................... WA salmon reef net .......................................................... HI opelu/akule net ............................................................. HI inshore purse seine ...................................................... HI throw net, cast net ........................................................ HI hukilau net .................................................................... HI lobster tangle net .......................................................... DIP NET FISHERIES: CA squid dip net ................................................................ WA/OR smelt, herring dip net ........................................... MARINE AQUACULTURE FISHERIES: CA marine shellfish aquaculture ....................................... CA salmon enhancement rearing pen .............................. CA white seabass enhancement net pens ....................... HI offshore pen culture ...................................................... OR salmon ranch .............................................................. WA/OR salmon net pens .................................................. 10 42 235 130 440 53 22 <3 29 26 0 California sea lion, U.S. Harbor seal, CA. Long-beaked common dolphin, CA. Short-beaked common dolphin, CA/OR/WA. None documented. None documented. None documented. None documented. None documented. None documented. None documented. None documented. None documented. None documented. None documented. 115 119 None documented. None documented. TROLL FISHERIES: AK North Pacific halibut, AK bottom fish, WA/OR/CA albacore, groundfish, bottom fish, CA halibut nonsalmonid troll fisheries.* AK salmon troll .................................................................. 65 unknown >1 13 2 1 14 1,320 (120 AK) 2,008 tkelley on DSK3SPTVN1PROD with PROPOSALS American Samoa tuna troll ................................................ CA/OR/WA salmon troll ..................................................... HI trolling, rod and reel ..................................................... Commonwealth of the Northern Mariana Islands tuna troll. Guam tuna troll .................................................................. LONGLINE/SET LINE FISHERIES: AK Bering Sea, Aleutian Islands Pacific cod longline ...... 7 4,300 1,560 40 AK Bering Sea, Aleutian Islands rockfish longline ............ AK Bering Sea, Aleutian Islands Greenland turbot longline. AK Bering Sea, Aleutian Islands sablefish longline .......... AK Gulf of Alaska halibut longline .................................... AK Gulf of Alaska Pacific cod longline ............................. AK Gulf of Alaska rockfish longline ................................... AK Gulf of Alaska sablefish longline ................................. AK halibut longline/set line (State and Federal waters) ... AK octopus/squid longline ................................................. AK State-managed waters longline/setline (including sablefish, rockfish, lingcod, and miscellaneous finfish). WA/OR/CA groundfish, bottomfish longline/set line ......... WA/OR North Pacific halibut longline/set line ................... CA pelagic longline ........................................................... HI kaka line ....................................................................... HI vertical longline ............................................................. TRAWL FISHERIES: AK Bering Sea, Aleutian Islands Atka mackerel trawl ...... 0 36 AK AK AK AK 18:05 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00040 None documented. None documented. California sea lion, U.S. None documented. None documented. California sea lion, U.S. Harbor seal, WA inland waters. None documented. Steller sea lion, Eastern U.S. Steller sea lion, Western U.S. None documented. None documented. Pantropical spotted dolphin, HI None documented. 432 None documented. 154 Dall’s Porpoise, AK. Northern fur seal, Eastern Pacific. None documented. Killer whale, AK resident. 28 1,302 107 0 291 2,280 2 1,323 None documented. None documented. Steller sea lion, Western U.S. None documented. Sperm whale, North Pacific. None documented in the most recent 5 years of data. None documented. None documented. 367 350 6 17 9 Bottlenose dolphin, CA/OR/WA offshore. None documented. None documented in the most recent 5 years of data. None documented. None documented. 9 Bering Sea, Aleutian Islands Pacific cod trawl ........... Gulf of Alaska flatfish trawl ......................................... Gulf of Alaska Pacific cod trawl .................................. Gulf of Alaska pollock trawl ......................................... VerDate Mar<15>2010 None documented. Harbor seal, GOA. 93 41 62 62 Fmt 4702 Sfmt 4702 Ribbon seal, AK. Steller sea lion, Western U.S. Steller sea lion, Western U.S. Northern elephant seal, NP. Steller sea lion, Western U.S. Dall’s porpoise, AK. Fin whale, Northeast Pacific. Northern elephant seal, North Pacific. E:\FR\FM\22APP1.SGM 22APP1 23724 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons Fishery description 53 300 160–180 POT, RING NET, AND TRAP FISHERIES: AK statewide miscellaneous finfish pot ............................. AK Aleutian Islands sablefish pot ..................................... AK Bering Sea, Aleutian Islands Pacific cod pot .............. AK Bering Sea, Aleutian Islands crab pot ........................ AK Bering Sea sablefish pot ............................................. AK Gulf of Alaska crab pot ............................................... AK Gulf of Alaska Pacific cod pot ..................................... AK Southeast Alaska crab pot .......................................... AK Southeast Alaska shrimp pot ...................................... AK shrimp pot, except Southeast ..................................... AK octopus/squid pot ........................................................ AK snail pot ....................................................................... CA coonstripe shrimp, rock crab, tanner crab pot or trap tkelley on DSK3SPTVN1PROD with PROPOSALS AK Gulf of Alaska rockfish trawl ....................................... AK food/bait herring trawl .................................................. AK miscellaneous finfish otter/beam trawl ........................ AK shrimp otter trawl and beam trawl (statewide and Cook Inlet). AK State-managed waters of Cook Inlet, Kachemak Bay, Prince William Sound, Southeast AK groundfish trawl. CA halibut bottom trawl ..................................................... WA/OR/CA shrimp trawl .................................................... WA/OR/CA groundfish trawl .............................................. 243 8 68 296 6 389 154 415 274 210 26 1 305 CA spiny lobster ................................................................ OR/CA hagfish pot or trap ................................................ WA/OR shrimp pot/trap ..................................................... WA Puget Sound Dungeness crab pot/trap ...................... HI crab trap ....................................................................... HI fish trap ......................................................................... HI lobster trap .................................................................... HI shrimp trap .................................................................... HI crab net ......................................................................... HI Kona crab loop net ....................................................... HANDLINE AND JIG FISHERIES: AK miscellaneous finfish handline/hand troll and mechanical jig. AK North Pacific halibut handline/hand troll and mechanical jig. AK octopus/squid handline ................................................ American Samoa bottomfish ............................................. Commonwealth of the Northern Mariana Islands bottomfish. Guam bottomfish ............................................................... HI aku boat, pole, and line ................................................ HI Main Hawaiian Islands deep-sea bottomfish handline HI inshore handline ........................................................... HI tuna handline ................................................................ WA groundfish, bottomfish jig ........................................... Western Pacific squid jig ................................................... HARPOON FISHERIES: CA swordfish harpoon ....................................................... POUND NET/WEIR FISHERIES: AK herring spawn on kelp pound net ............................... AK Southeast herring roe/food/bait pound net ................. WA herring brush weir ...................................................... HI bullpen trap ................................................................... BAIT PENS: WA/OR/CA bait pens ........................................................ DREDGE FISHERIES: Coastwide scallop dredge ................................................. DIVE, HAND/MECHANICAL COLLECTION FISHERIES: AK abalone ........................................................................ VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00041 34 4 282 33 2 Marine mammal species and stocks incidentally killed or injured Steller sea lion, Western U.S. None documented. None documented. None documented. None documented. None documented. None documented. None documented. California sea lion, U.S. Dall’s porpoise, CA/OR/WA. Harbor seal, OR/WA coast. Northern fur seal, Eastern Pacific. Pacific white-sided dolphin, CA/OR/WA. Steller sea lion, Eastern U.S. 225 54 254 249 9 9 <3 4 6 48 None documented. None documented. None documented. None documented. None documented. None documented. Harbor seal, GOA. Humpback whale, Central North Pacific (Southeast AK). Humpback whale, Central North Pacific (Southeast AK). None documented. None documented. None documented. Gray whale, Eastern North Pacific. Harbor seal, CA Gray whale, Eastern North Pacific. None documented. None documented. None documented. None documented. None documented. Hawaiian monk seal. None documented. None documented. None documented. 456 None documented. 180 None documented. 0 12 28 None documented. None documented. None documented. >300 3 567 378 459 679 <3 30 411 4 1 <3 13 None documented. None documented. Hawaiian monk seal. None documented. None documented. None documented. None documented. None documented. None None None None documented. documented. documented. documented. California sea lion, U.S. 108 (12 AK) None documented. 0 None documented. Fmt 4702 Sfmt 4702 E:\FR\FM\22APP1.SGM 22APP1 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules 23725 TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/persons Fishery description AK clam ............................................................................. WA herring spawn on kelp ................................................ AK Dungeness crab .......................................................... AK herring spawn on kelp ................................................. AK urchin and other fish/shellfish ..................................... CA abalone ........................................................................ CA sea urchin .................................................................... HI black coral diving .......................................................... HI fish pond ....................................................................... HI handpick ....................................................................... HI lobster diving ................................................................ HI spearfishing .................................................................. WA/CA kelp ....................................................................... WA/OR sea urchin, other clam, octopus, oyster, sea cucumber, scallop, ghost shrimp hand, dive, or mechanical collection. WA shellfish aquaculture ................................................... COMMERCIAL PASSENGER FISHING VESSEL (CHARTER BOAT) FISHERIES: AK/WA/OR/CA commercial passenger fishing vessel ...... Marine mammal species and stocks incidentally killed or injured 156 4 2 266 521 0 583 <3 16 57 29 143 4 637 None None None None None None None None None None None None None None 684 None documented. >7,000 (2,702 AK) HI charter vessel ............................................................... LIVE FINFISH/SHELLFISH FISHERIES: CA nearshore finfish live trap/hook-and-line ..................... 114 93 documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. Killer whale, stock unknown. Steller sea lion, Eastern U.S. Steller sea lion, Western U.S. Pantropical spotted dolphin, HI. None documented. List of Abbreviations and Symbols Used in Table 1: AK—Alaska; CA—California; GOA—Gulf of Alaska; HI—Hawaii; OR—Oregon; WA— Washington; 1Fishery classified based on serious injuries and mortalities of this stock, which are greater than 50 percent (Category I) or greater than 1 percent and less than 50 percent (Category II) of the stock’s PBR; 2Fishery classified by analogy; *Fishery has an associated high seas component listed in Table 3; ∧ The list of marine mammal species or stocks killed or injured in this fishery is identical to the list of species or stocks killed or injured in high seas component of the fishery, minus species or stocks have geographic ranges exclusively on the high seas. The species 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 Estimated number of vessels/ persons Fishery description Marine mammal species and stocks incidentally killed or injured CATEGORY I 5,509 Northeast sink gillnet ......................................................... tkelley on DSK3SPTVN1PROD with PROPOSALS GILLNET FISHERIES: Mid-Atlantic gillnet ............................................................. 4,375 VerDate Mar<15>2010 18:05 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 Bottlenose dolphin, Northern Migratory coastal.1 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. Long-finned pilot whale, WNA. Minke whale, Canadian east coast. Risso’s dolphin, WNA. Short-finned pilot whale, WNA. White-sided dolphin, WNA. Bottlenose dolphin, WNA offshore. Common dolphin, WNA. Fin whale, WNA. Gray seal, WNA. Harbor porpoise, GME/BF.1 Harbor seal, WNA. Harp seal, WNA. Hooded seal, WNA. Humpback whale, Gulf of Maine. Long-finned Pilot whale, WNA. Minke whale, Canadian east coast. North Atlantic right whale, WNA. E:\FR\FM\22APP1.SGM 22APP1 23726 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated number of vessels/ persons Fishery description Marine mammal species and stocks incidentally killed or injured Risso’s dolphin, WNA. Short-finned Pilot whale, WNA. White-sided dolphin, WNA. TRAP/POT FISHERIES: Northeast/Mid-Atlantic American lobster trap/pot ............. 11,693 LONGLINE FISHERIES: Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline* 420 Harbor seal, WNA. Humpback whale, Gulf of Maine. Minke whale, Canadian east coast. North Atlantic right whale, WNA.1 Atlantic spotted dolphin, GMX continental and oceanic. Atlantic spotted dolphin, WNA. Bottlenose dolphin, Northern GMX oceanic. Bottlenose dolphin, WNA offshore. Common dolphin, WNA. Cuvier’s beaked whale, WNA. Killer whale, GMX oceanic. Long-finned pilot whale, WNA.1 Mesoplodon beaked whale, WNA. Northern bottlenose whale, WNA. Pantropical spotted dolphin, Northern GMX. Pantropical spotted dolphin, WNA. Risso’s dolphin, Northern GMX. Risso’s dolphin, WNA. Short-finned pilot whale, Northern GMX. Short-finned pilot whale, WNA.1 Sperm whale, GMX oceanic. CATEGORY II 1,126 724 NC inshore gillnet .............................................................. 1,323 Northeast anchored float gillnet 2 ...................................... 421 Northeast drift gillnet 2 ....................................................... Southeast Atlantic gillnet 2 ................................................. 311 357 Southeastern U.S. Atlantic shark gillnet ........................... 30 TRAWL FISHERIES Mid-Atlantic mid-water trawl (including pair trawl) ............ 322 Mid-Atlantic bottom trawl ................................................... tkelley on DSK3SPTVN1PROD with PROPOSALS GILLNET FISHERIES: Chesapeake Bay inshore gillnet 2 ..................................... Gulf of Mexico gillnet 2 ...................................................... 631 Northeast mid-water trawl (including pair trawl) ............... 1,103 Northeast bottom trawl ...................................................... 2,987 VerDate Mar<15>2010 18:05 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 None documented in the most recent 5 years of data. Bottlenose dolphin, GMX bay, sound, and estuarine. Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Western GMX coastal. Bottlenose dolphin, Northern NC estuarine system.1 Bottlenose dolphin, Southern NC estuarine system.1 Harbor seal, WNA. Humpback whale, Gulf of Maine. White-sided dolphin, WNA. None documented. Bottlenose dolphin, Southern Migratory coastal. Bottlenose dolphin, SC/GA coastal. Bottlenose dolphin, Central FL coastal. Bottlenose dolphin, Northern FL coastal. Bottlenose dolphin, Central FL coastal.1 Bottlenose dolphin, Northern FL coastal. North Atlantic right whale, WNA. Bottlenose dolphin, WNA offshore. Common dolphin, WNA. Long-finned pilot whale, WNA. Risso’s dolphin, WNA. Short-finned pilot whale, WNA. White-sided dolphin, WNA.1 Bottlenose dolphin, WNA offshore. Common dolphin, WNA.1 Gray seal, WNA. Harbor seal, WNA. Long-finned pilot whale, WNA.1 Risso’s dolphin, WNA.1 Short-finned pilot whale, WNA.1 White-sided dolphin, WNA. Gray seal, WNA. Harbor seal, WNA. Long-finned pilot whale, WNA.1 Short-finned pilot whale, WNA.1 Common dolphin, WNA. White-sided dolphin, WNA. Bottlenose dolphin, WNA offshore. E:\FR\FM\22APP1.SGM 22APP1 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules 23727 TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated number of vessels/ persons Fishery description Marine mammal species and stocks incidentally killed or injured Common dolphin, WNA. Gray seal, WNA. Harbor porpoise, GME/BF. Harbor seal, WNA. Harp seal, WNA. Long-finned pilot whale, WNA. Minke whale, Canadian East Coast. Short-finned pilot whale, WNA. White-sided dolphin, WNA.1 Atlantic spotted dolphin, GMX continental and oceanic. Bottlenose dolphin, SC/GA coastal.1 Bottlenose dolphin, Eastern GMX coastal.1 Bottlenose dolphin, GMX continental shelf. Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Western GMX coastal.1 Bottlenose dolphin, GMX bay, sound, estuarine.1 West Indian manatee, FL. 4,950 TRAP/POT FISHERIES: Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/pot 2 1,282 Atlantic mixed species trap/pot 2 ....................................... 3,467 Atlantic blue crab trap/pot ................................................. 8,557 PURSE SEINE FISHERIES: Gulf of Mexico menhaden purse seine ............................. 40–42 Mid-Atlantic menhaden purse seine 2 ............................... 5 HAUL/BEACH SEINE FISHERIES: Mid-Atlantic haul/beach seine ........................................... 565 NC long haul seine ............................................................ 372 STOP NET FISHERIES: NC roe mullet stop net ...................................................... POUND NET FISHERIES: VA pound net .................................................................... tkelley on DSK3SPTVN1PROD with PROPOSALS Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl .. 13 Bottlenose dolphin, Southern NC estuarine system.1 67 Bottlenose dolphin, Northern NC estuarine system. Bottlenose dolphin, Northern Migratory coastal.1 Bottlenose dolphin, Southern Migratory coastal.1 Bottlenose dolphin, Biscayne 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, Northern GMX coastal. Fin whale, WNA. Humpback whale, Gulf of Maine. Bottlenose dolphin, Charleston estuarine system.1 Bottlenose dolphin, Indian River Lagoon estuarine system.1 Bottlenose dolphin, Jacksonville estuarine system.1 Bottlenose dolphin, SC/GA coastal.1 Bottlenose dolphin, Northern GA/Southern SC estuarine system.1 Bottlenose dolphin, Southern GA estuarine system.1 Bottlenose dolphin, Northern Migratory coastal.1 Bottlenose dolphin, Southern Migratory coastal.1 Bottlenose dolphin, Central FL coastal.1 Bottlenose dolphin, Northern FL coastal.1 Bottlenose dolphin, Northern NC estuarine system.1 Bottlenose dolphin, Southern NC estuarine system.1 West Indian manatee, FL.1 Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose dolphin, dolphin, dolphin, dolphin, dolphin, GMX bay, sound, estuarine. Northern GMX coastal.1 Western GMX coastal.1 Northern Migratory coastal. Southern Migratory coastal. Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose dolphin, dolphin, dolphin, dolphin, dolphin, Northern NC estuarine system.1 Northern Migratory coastal.1 Southern Migratory coastal.1 Southern NC estuarine system. Northern NC estuarine system.1 CATEGORY III GILLNET FISHERIES: Caribbean gillnet ............................................................... DE River inshore gillnet .................................................... Long Island Sound inshore gillnet ..................................... VerDate Mar<15>2010 18:05 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00044 >991 unknown unknown Fmt 4702 Sfmt 4702 None documented in the most recent 5 years of data. None documented in the most recent 5 years of data. None documented in the most recent 5 years of data. E:\FR\FM\22APP1.SGM 22APP1 23728 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated number of vessels/ persons Fishery description RI, southern MA (to Monomoy Island), and NY Bight (Raritan and Lower NY Bays) inshore gillnet. Southeast Atlantic inshore gillnet ...................................... TRAWL FISHERIES: Atlantic shellfish bottom trawl ............................................ Gulf of Mexico butterfish trawl .......................................... Marine mammal species and stocks incidentally killed or injured unknown None documented in the most recent 5 years of data. unknown None documented. >58 2 Gulf of Mexico mixed species trawl .................................. GA cannonball jellyfish trawl ............................................. MARINE AQUACULTURE FISHERIES: Finfish aquaculture ............................................................ Shellfish aquaculture ......................................................... PURSE SEINE FISHERIES: Gulf of Maine Atlantic herring purse seine ....................... 20 1 48 unknown Gulf of Maine menhaden purse seine ............................... FL West Coast sardine purse seine ................................. U.S. Atlantic tuna purse seine * ........................................ >2 10 5 >7 LONGLINE/HOOK-AND-LINE FISHERIES: Northeast/Mid-Atlantic bottom longline/hook-and-line ....... Gulf of Maine, U.S. Mid-Atlantic tuna, shark swordfish hook-and-line/harpoon. Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean snapper-grouper and other reef fish bottom longline/hook-and-line. Southeastern U.S. Atlantic, Gulf of Mexico shark bottom longline/hook-and-line. Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean pelagic hook-and-line/harpoon. U.S. Atlantic, Gulf of Mexico trotline ................................. TRAP/POT FISHERIES Caribbean mixed species trap/pot .................................... Caribbean spiny lobster trap/pot ....................................... FL spiny lobster trap/pot ................................................... None documented. Bottlenose dolphin, Northern GMX oceanic. Bottlenose dolphin, Northern GMX continental shelf. None documented. Bottlenose dolphin, South Carolina/Georgia. Harbor seal, WNA. None documented. Harbor seal, WNA. Gray seal, WNA. None documented. Bottlenose dolphin, Eastern GMX coastal. Long-finned pilot whale, WNA. Short-finned pilot whale, WNA. >1,207 428 None documented. Humpback whale, Gulf of Maine. >5,000 Bottlenose dolphin, GMX continental shelf. <125 1,446 unknown None documented. Gulf of Mexico blue crab trap/pot ...................................... 4,113 Gulf of Mexico mixed species trap/pot .............................. Southeastern U.S. Atlantic, Gulf of Mexico golden crab trap/pot. U.S. Mid-Atlantic eel trap/pot ............................................ STOP SEINE/WEIR/POUND NET/FLOATING TRAP FISHERIES: Gulf of Maine herring and Atlantic mackerel stop seine/ weir. tkelley on DSK3SPTVN1PROD with PROPOSALS >501 >197 1,268 Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, Northern GMX continental shelf. None documented. unknown 10 None documented. None documented. Bottlenose dolphin, Biscayne Bay estuarine. Bottlenose dolphin, Central FL coastal. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, FL Bay estuarine. Bottlenose dolphin, Western GMX coastal. Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, GMX bay, sound, estuarine. West Indian manatee, FL. None documented. None documented. unknown None documented. >1 U.S. Mid-Atlantic crab stop seine/weir .............................. U.S. Mid-Atlantic mixed species stop seine/weir/pound net (except the NC roe mullet stop net). RI floating trap ................................................................... DREDGE FISHERIES: Gulf of Maine mussel dredge ............................................ Gulf of Maine, U.S. Mid-Atlantic sea scallop dredge ........ U.S. Mid-Atlantic/Gulf of Mexico oyster dredge ................ U.S. Mid-Atlantic offshore surf clam and quahog dredge HAUL/BEACH SEINE FISHERIES: Caribbean haul/beach seine ............................................. Gulf of Mexico haul/beach seine ....................................... Southeastern U.S. Atlantic haul/beach seine ................... VerDate Mar<15>2010 18:05 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00045 2,600 unknown 9 Gray seal, WNA. Harbor porpoise, GME/BF. Harbor seal, WNA. Minke whale, Canadian east coast. White-sided dolphin, WNA. None documented. Bottlenose dolphin, Northern NC estuarine system. None documented. unknown >403 7,000 unknown 15 unknown 25 Fmt 4702 None None None None None documented in the most recent 5 years of data. None documented. None documented. Sfmt 4702 documented. documented. documented. documented. E:\FR\FM\22APP1.SGM 22APP1 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules 23729 TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated number of vessels/ persons Fishery description DIVE, HAND/MECHANICAL COLLECTION FISHERIES: Atlantic Ocean, Gulf of Mexico, Caribbean shellfish dive, hand/mechanical collection. Gulf of Maine urchin dive, hand/mechanical collection .... Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and Caribbean cast net. COMMERCIAL PASSENGER FISHING VESSEL (CHARTER BOAT) FISHERIES: Atlantic Ocean, Gulf of Mexico, Caribbean commercial passenger fishing vessel. Marine mammal species and stocks incidentally killed or injured 20,000 None documented. unknown unknown None documented. None documented. 4,000 Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose dolphin, dolphin, dolphin, dolphin, dolphin, dolphin, dolphin, Eastern GMX coastal. Northern GMX coastal. Western GMX coastal. Biscayne Bay estuarine. GMX bay, sound, estuarine. Indian River Lagoon estuarine system. Southern NC estuarine system. 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; SC—South Carolina; VA—Virginia; WNA—Western North Atlantic. 1 Fishery classified based on serious injuries and mortalities of this stock, which are greater than 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. TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS Number of HSFCA permits Fishery description Marine mammal species and stocks incidentally killed or injured Category I LONGLINE FISHERIES: Atlantic Highly Migratory Species * + ................................. 79 Western Pacific Pelagic (HI Deep-set component) * ∧ + .... 124 Atlantic spotted dolphin, WNA. Bottlenose dolphin, Northern GMX oceanic. Bottlenose dolphin, WNA offshore. Common dolphin, WNA. Cuvier’s beaked whale, WNA. Long-finned pilot whale, WNA. Mesoplodon beaked whale, WNA. Pygmy sperm whale, WNA. Risso’s dolphin, WNA. Short-finned pilot whale, WNA. Bottlenose dolphin, HI Pelagic. Bottlenose dolphin, unknown. False killer whale, HI Pelagic. False killer whale, unknown. Pantropical spotted dolphin, HI. Pantropical spotted dolphin, unknown. Risso’s dolphin, HI. Risso’s dolphin, unknown. Short-finned pilot whale, HI. Short-finned pilot whale, unknown. Striped dolphin, HI. Striped dolphin, unknown. Category II tkelley on DSK3SPTVN1PROD with PROPOSALS DRIFT GILLNET FISHERIES: Atlantic Highly Migratory Species ..................................... Pacific Highly Migratory Species * ∧ .................................. 2 4 Undetermined. Long-beaked common dolphin, CA. Humpback whale, CA/OR/WA. Northern right-whale dolphin, CA/OR/WA. Pacific white-sided dolphin, CA/OR/WA. Risso’s dolphin, CA/OR/WA. Short-beaked common dolphin, CA/OR/WA. TRAWL FISHERIES: Atlantic Highly Migratory Species ** .................................. CCAMLR ........................................................................... Western Pacific Pelagic .................................................... PURSE SEINE FISHERIES: South Pacific Tuna Fisheries ............................................ 5 0 0 Undetermined. Antarctic fur seal. Undetermined. VerDate Mar<15>2010 18:05 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00046 38 Fmt 4702 Sfmt 4702 Undetermined. E:\FR\FM\22APP1.SGM 22APP1 23730 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS—Continued Number of HSFCA permits Fishery description Western Pacific Pelagic .................................................... POT VESSEL FISHERIES: Pacific Highly Migratory Species ** ................................... South Pacific Albacore Troll .............................................. Western Pacific Pelagic .................................................... LONGLINE FISHERIES: CCAMLR ........................................................................... South Pacific Albacore Troll .............................................. South Pacific Tuna Fisheries ** ......................................... Western Pacific Pelagic (HI Shallow-set component) * ∧ ∂ Marine mammal species and stocks incidentally killed or injured 3 Undetermined. 3 3 3 Undetermined. Undetermined. Undetermined. 0 11 10 28 3 40 7 6 Undetermined. Undetermined. Undetermined. Undetermined. 5 36 3 22 Undetermined. Undetermined. Undetermined. Undetermined. 1 1 1 Undetermined. Undetermined. Undetermined. 1 Undetermined. 1 5 4 4 HANDLINE/POLE AND LINE FISHERIES: Atlantic Highly Migratory Species ..................................... Pacific Highly Migratory Species ....................................... South Pacific Albacore Troll .............................................. Western Pacific Pelagic .................................................... TROLL FISHERIES: Atlantic Highly Migratory Species ..................................... South Pacific Albacore Troll .............................................. South Pacific Tuna Fisheries ** ......................................... Western Pacific Pelagic .................................................... LINERS NEI FISHERIES: Pacific Highly Migratory Species ** ................................... South Pacific Albacore Troll .............................................. Western Pacific Pelagic .................................................... FACTORY MOTHERSHIP FISHERIES: Western Pacific Pelagic .................................................... MULTIPURPOSE VESSELS NEI FISHERIES: Atlantic Highly Migratory Species ..................................... Pacific Highly Migratory Species ** ................................... South Pacific Albacore Troll .............................................. Western Pacific Pelagic .................................................... None documented. Undetermined. Undetermined. Bottlenose dolphin, HI Pelagic. Bottlenose dolphin, unknown. Humpback whale, Central North Pacific. Kogia sp. whale (Pygmy or dwarf sperm whale), HI. Kogia sp. whale (Pygmy or dwarf sperm whale), unknown. Risso’s dolphin, HI. Risso’s dolphin, unknown. Short-finned pilot whale, HI. Short-finned pilot whale, unknown. Striped dolphin, HI. Striped dolphin, unknown. Undetermined. Undetermined. Undetermined. Undetermined. Category III LONGLINE FISHERIES: Pacific Highly Migratory Species * ∂ ................................. PURSE SEINE FISHERIES Atlantic Highly Migratory Species *∧ .................................. 96 0 tkelley on DSK3SPTVN1PROD with PROPOSALS Pacific Highly Migratory Species * ∧ .................................. TROLL FISHERIES: Pacific Highly Migratory Species * ..................................... 6 263 None documented in the most recent 5 years of data. Long-finned pilot whale, WNA. Short-finned pilot whale, WNA. None documented. None documented. List of Terms, Abbreviations, and Symbols Used in Table 3: GMX—Gulf of Mexico; NEI—Not Elsewhere Identified; WNA—Western North Atlantic. * Fishery is an extension/component of an existing fishery operating within U.S. waters listed in Table 1 or 2. The number of permits listed in Table 3 represents only the number of permits for the high seas component of the fishery. ** These gear types are not authorized under the Pacific HMS FMP (2004), the Atlantic HMS FMP (2006), or without a South Pacific Tuna Treaty license (in the case of the South Pacific Tuna fisheries). Because HSFCA permits are valid for five years, permits obtained in past years exist in the HSFCA permit database for gear types that are now unauthorized. Therefore, while HSFCA permits exist for these gear types, it does not represent effort. In order to land fish species, fishers must be using an authorized gear type. Once these permits for unauthorized gear types expire, the permit-holder will be required to obtain a permit for an authorized gear type. ∂ The marine mammal species or stocks listed as killed or injured in this fishery has been observed taken by this fishery on the high seas. ∧ The list of marine mammal species or stocks killed or injured in this fishery is identical to the list of marine mammal species or stocks killed or injured in U.S. waters component of the fishery, minus species or stocks that have geographic ranges exclusively in coastal waters, because the marine mammal species 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. VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\22APP1.SGM 22APP1 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules 23731 TABLE 4—FISHERIES AFFECTED BY TAKE REDUCTION TEAMS AND PLANS Take reduction plans Affected fisheries Atlantic Large Whale Take Reduction Plan (ALWTRP)—50 CFR 229.32 Category I: Mid-Atlantic gillnet. Northeast/Mid-Atlantic American lobster trap/pot. Northeast sink gillnet. Category II: Atlantic blue crab trap/pot. Atlantic mixed species trap/pot. Northeast anchored float gillnet. Northeast drift gillnet. Southeast Atlantic gillnet. Southeastern U.S. Atlantic shark gillnet.* Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot.∧ Category I: 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.∧ Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot.∧ VA pound net. Category I: HI deep-set (tuna target) longline/set line. Category II: HI shallow-set (swordfish target) longline/set line. Category I: Mid-Atlantic gillnet. Northeast sink gillnet. Category I: Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline. Category II: CA thresher shark/swordfish drift gillnet (≥14 in mesh). Category II: Mid-Atlantic bottom trawl. Mid-Atlantic mid-water trawl (including pair trawl). Northeast bottom trawl. Northeast mid-water trawl (including pair trawl). Category I: HI deep-set (tuna target) longline/set line. Category II: HI shallow-set (swordfish target) longline/set line. Bottlenose Dolphin Take Reduction Plan (BDTRP)—50 CFR 229.35 .... False Killer Whale Take Reduction Plan (FKWTRP)—50 CFR 229.37 .. Harbor Porpoise Take Reduction Plan (HPTRP)—50 CFR 229.33 (New England) and 229.34 (Mid-Atlantic). Pelagic Longline Take Reduction Plan (PLTRP)—50 CFR 229.36 ......... Pacific Offshore Cetacean Take Reduction Plan (POCTRP)—50 CFR 229.31. Atlantic Trawl Gear Take Reduction Team (ATGTRT) ............................ False Killer Whale Take Reduction Team (FKWTRT) ............................. * Only applicable to the portion of the fishery operating in U.S. waters; Ocean. tkelley on DSK3SPTVN1PROD with PROPOSALS Classification The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this rule would not have a significant economic impact on a substantial number of small entities. The factual basis leading to the certification is set forth below. 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 nonendangered and non-threatened marine VerDate Mar<15>2010 18:05 Apr 19, 2013 Jkt 229001 ∧ Only applicable to the portion of the fishery operating in the Atlantic mammals incidental to commercial fishing operations. Additionally, individuals may be subject to a TRP and requested to carry an observer. NMFS has estimated that up to approximately 59,500 fishing vessels, most of which are small entities, may operate in Category I or II fisheries and, therefore, are required to register with NMFS. Of these, approximately 28 are new to a Category I or II fishery as a result of this proposed rule. 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 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 related state or Federal fishery registration program, are currently not required to register separately under the MMPA or pay the $25 registration fee. Therefore, there are no direct costs to small entities under this proposed rule. If a vessel is requested to carry an observer, individuals will not incur any direct economic costs associated with carrying that observer. Potential indirect costs to individuals required to take observers may include: lost space on deck for catch, lost bunk space, and lost fishing time due to time needed by the observer to process bycatch data. For effective monitoring, however, observers will rotate among a limited number of vessels in a fishery at any given time E:\FR\FM\22APP1.SGM 22APP1 tkelley on DSK3SPTVN1PROD with PROPOSALS 23732 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Proposed Rules and each vessel within an observed fishery has an equal probability of being requested to accommodate an observer. Therefore, the potential indirect costs to individuals are expected to be minimal because observer coverage would only be required for a small percentage of an individual’s total annual fishing time. In addition, section 118 of the MMPA states that an observer will not be placed on a vessel if the facilities for quartering an observer or performing observer functions are inadequate or unsafe, thereby exempting vessels too small to accommodate an observer from this requirement. As a result of this certification, an initial regulatory flexibility analysis is not required and was not prepared. In the event that reclassification of a fishery to Category I or II results in a TRP, economic analyses of the effects of that TRP would be summarized in subsequent rulemaking actions. This proposed rule contains collection-of-information requirements subject to the Paperwork Reduction Act. The collection of information for the registration of individuals under the MMPA has been approved by the Office of Management and Budget (OMB) under OMB control number 0648–0293 (0.15 hours per report for new registrants and 0.09 hours per report for renewals). The requirement for reporting marine mammal injuries or mortalities 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 collection of information. Send comments regarding these reporting burden estimates or any other aspect of the collections of information, including suggestions for reducing burden, to NMFS and OMB (see ADDRESSES and SUPPLEMENTARY INFORMATION). 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 collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB control number. This proposed rule has been determined to be not significant for the purposes of Executive Order 12866. An environmental assessment (EA) was prepared under the National Environmental Policy Act (NEPA) for regulations to implement section 118 of the MMPA in June 1995. NMFS revised that EA relative to classifying U.S. VerDate Mar<15>2010 16:36 Apr 19, 2013 Jkt 229001 commercial fisheries on the LOF in December 2005. Both the 1995 EA and the 2005 EA concluded that implementation of MMPA section 118 regulations would not have a significant impact on the human environment. This proposed rule would not make any significant change in the management of reclassified fisheries; therefore, this proposed rule is not expected to change the analysis or conclusion of the 2005 EA. The Council of Environmental Quality (CEQ) recommends agencies review EAs every five years; therefore, NMFS reviewed the 2005 EA in 2009. NMFS concluded that, because there have been no changes to the process used to develop the LOF and implement section 118 of the MMPA (including no new alternatives and no additional or new impacts on the human environment), there is no need to update the 2005 EA at this time. If NMFS takes a management action, for example, through the development of a TRP, NMFS would first prepare an environmental document, as required under NEPA, specific to that action. This proposed rule would not affect species listed as threatened or endangered under the Endangered Species Act (ESA) or their associated critical habitat. The impacts of numerous fisheries have been analyzed in various biological opinions, and this proposed rule will not affect the conclusions of those opinions. The classification of fisheries on the LOF is not considered to be a management action that would adversely affect threatened or endangered species. If NMFS takes a management action, for example, through the development of a TRP, NMFS would conduct consultation under ESA section 7 for that action. This proposed rule would have no adverse impacts on marine mammals and may have a positive impact on marine mammals by improving knowledge of marine mammals and the fisheries interacting with marine mammals through information collected from observer programs, stranding and sighting data, or take reduction teams. This proposed rule would not affect the land or water uses or natural resources of the coastal zone, as specified under section 307 of the Coastal Zone Management Act. References Allen, B.M. and R.P. Angliss. 2012a. Alaska Marine Mammal Stock Assessments, 2012 (Draft). NOAA Technical Memorandum NOAA–TM–NMFS– AFSC–xxx, 249 p. Allen, B.M. and R.P. Angliss. 2012b. Alaska Marine Mammal Stock Assessments, 2011. NOAA Technical Memorandum NOAA–TM–NMFS–AFSC–234, 288 p. PO 00000 Frm 00049 Fmt 4702 Sfmt 9990 Carretta and Enriquez 2012? (cited on p.17) Carretta, J.V., E. Oleson, D.W. Weller, A.R. Lang, K.A. Forney, J. Baker, B. Hanson, K Martien, M.M. Muto, M.S. Lowry, J. Barlow, D. Lynch, L. Carswell, R.L. Brownell Jr., D.K. Mattila, and M.C. Hill. 2012a. U.S. Pacific Marine Mammal Stock Assessments: 2012 (Draft). NOAA Technical Memorandum NOAA–TM– NMFS–SWFSC–xxx. 77 p. Carretta, J.V., K.A. Forney, E. Oleson, K Martien, M.M. Muto, M.S. Lowry, J. Barlow, J. Baker, B. Hanson, D. Lynch, L. Carswell, R.L. Brownell Jr., J. Robbins, D.K. Mattila, K. Ralls, and M.C. Hill. 2012b. U.S. Pacific Marine Mammal Stock Assessments: 2011. NOAA Technical Memorandum NOAA–TM– NMFS–SWFSC–488. 356 p. Forney, K.A. 2010. Serious injury determinations for cetaceans caught in Hawaii longline fisheries during 1994– 2008. NOAA Technical Memorandum NOAA–TM–NMFS–SWFSC–462. 24p. McCracken, M.L. 2010. Adjustments to false killer whale and short-finned pilot whale bycatch estimates. PIFSC Working Paper WP–10–007. Pacific Islands Fisheries Science Center, National Marine Fisheries Service. 23 p. McCracken, M.L. 2011. Assessment of incidental interactions with marine mammals in the Hawaii longline deep and shallow set fisheries from 2006 through 2010. PIFSC Working Paper WP–11–012. Pacific Islands Fisheries Science Center, National Marine Fisheries Service. 30 p. Northeast Fisheries Science Center, Fisheries Sampling Branch. 2010–2012. Northeast Fisheries Observer Program: Incidental Take Reports. Retrieved from: http:// www.nefsc.noaa.gov/fsb/. Waring GT, Josephson E, Maze-Foley K, and Rosel PE, editors. 2012a. Final U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments—2011. NOAA Tech Memo NMFS NE 221. Waring GT, Josephson E, Maze-Foley K, and Rosel PE, editors 2012b. Draft U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments—2012. Retrieved from: http:// www.nmfs.noaa.gov/pr/sars/draft.htm. Authority: 16 U.S.C. 1361 et seq. Dated: April 16, 2013. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs National Marine Fisheries Service. [FR Doc. 2013–09391 Filed 4–19–13; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\22APP1.SGM 22APP1

Agencies

[Federal Register Volume 78, Number 77 (Monday, April 22, 2013)]
[Proposed Rules]
[Pages 23708-23732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09391]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 121024581-3333-01]
RIN 0648-BC71


List of Fisheries for 2013

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

ACTION: Proposed rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
proposed List of Fisheries (LOF) for 2013, as required by the Marine 
Mammal Protection Act (MMPA). The proposed LOF for 2013 reflects new 
information on interactions between commercial fisheries and marine 
mammals. NMFS must classify each commercial fishery on the LOF into one 
of three categories under the MMPA based upon the level of serious 
injury and mortality of marine mammals that occurs incidental to each 
fishery. The classification of a fishery in the LOF determines whether 
participants in that fishery are subject to certain provisions of the 
MMPA, such as registration, observer coverage, and take reduction plan 
(TRP) requirements. The fishery classifications and list of marine

[[Page 23709]]

mammal stocks incidentally injured or killed described in the Final LOF 
for 2012 remain in effect until the effective date of the Final LOF for 
2013.

DATES: Comments must be received by May 22, 2013.

ADDRESSES: Send comments by any one of the following methods.
    (1) Electronic Submissions: Submit all electronic comments through 
the Federal eRulemaking portal: http://www.regulations.gov (follow 
instructions for submitting comments).
    (2) Mail: Chief, Marine Mammal and Sea Turtle Conservation 
Division, Attn: List of Fisheries, Office of Protected Resources, NMFS, 
1315 East-West Highway, Silver Spring, MD 20910.
    Comments regarding the burden-hour estimates, or any other aspect 
of the collection of information requirements contained in this 
proposed rule, should be submitted in writing to Chief, Marine Mammal 
and Sea Turtle Conservation Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910, or to Stuart 
Levenback, OMB, by email to Stuart_Levenbach@omb.eop.gov.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (e.g., name, address, 
etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields, if you wish 
to remain anonymous). Attachments to electronic comments will be 
accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file 
formats only.

FOR FURTHER INFORMATION CONTACT: Brandon Sousa, Office of Protected 
Resources, 301-427-8498; Allison Rosner, Northeast Region, 978-281-
9328; Jessica Powell, Southeast Region, 727-824-5312; Elizabeth Petras, 
Southwest Region, 562-980-3238; Brent Norberg, Northwest Region, 206-
526-6550; Bridget Mansfield, Alaska Region, 907-586-7642; Nancy Young, 
Pacific Islands Region, 808-944-2282. 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 
serious injury and mortality of marine mammals occurring in each 
fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the 
LOF determines whether participants in that fishery may be required to 
comply with certain provisions of the MMPA, such as registration, 
observer coverage, and take reduction plan requirements. NMFS must 
reexamine the LOF annually, considering new information in the Marine 
Mammal Stock Assessment Reports (SAR) 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: If the total annual mortality and serious injury of a 
marine mammal stock, across all fisheries, is less than or equal to 10 
percent of the PBR level of the stock, all fisheries interacting with 
the stock would be placed in Category III (unless those fisheries 
interact with other stock(s) in which total annual mortality and 
serious injury is greater than 10 percent of PBR). Otherwise, these 
fisheries are subject to the next tier (Tier 2) of analysis to 
determine their classification.
    Tier 2, Category I: Annual mortality and serious injury of a stock 
in a given fishery is greater than or equal to 50 percent of the PBR 
level (i.e., frequent incidental mortality and serious injuries of 
marine mammals).
    Tier 2, Category II: Annual mortality and serious injury of a stock 
in a given fishery is greater than 1 percent and less than 50 percent 
of the PBR level (i.e., occasional incidental mortality and serious 
injuries of marine mammals).
    Tier 2, Category III: Annual mortality and serious injury of a 
stock in a given fishery is less than or equal to 1 percent of the PBR 
level (i.e., a remote likelihood or no known incidental mortality and 
serious injuries of marine mammals).
    While Tier 1 considers the cumulative fishery mortality and serious 
injury for a particular stock, Tier 2 considers fishery-specific 
mortality and serious injury for a particular stock. 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).

Other Criteria That May Be Considered

    There are several fisheries on the LOF classified as Category II 
that have no recent documented injuries or mortalities of marine 
mammals, or fisheries that did not result in a serious injury or 
mortality rate greater than 1 percent of a stock's PBR level based on 
known interactions. NMFS has classified these fisheries by analogy to 
other Category I or II fisheries that use similar fishing techniques or 
gear that are known to cause mortality or serious injury of marine 
mammals, or according to factors discussed in the final LOF for 1996 
(60 FR 67063, December 28, 1995) and listed in the regulatory 
definition of a Category II fishery, ``In the absence of reliable 
information indicating the frequency of incidental mortality and 
serious injury of marine mammals by a commercial fishery, NMFS will 
determine whether the incidental serious injury or mortality is 
``frequent,'' ``occasional,'' or ``remote'' by evaluating other factors 
such as fishing techniques,

[[Page 23710]]

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, or at the discretion of the Assistant 
Administrator for Fisheries'' (50 CFR 229.2).
    Further, eligible commercial fisheries not specifically identified 
on the LOF are deemed to be Category II fisheries until the next LOF is 
published (50 CFR 229.2).

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

    The LOF includes a list of marine mammal species or stocks 
incidentally killed or injured in each commercial fishery. To determine 
which species or stocks are included as incidentally killed or injured 
in a fishery, NMFS annually reviews the information presented in the 
current SARs. 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. NMFS also reviews other sources of new information, 
including observer data, stranding data, and fisher self-reports.
    In the absence of reliable information on the level of mortality or 
injury of a marine mammal stock, or insufficient observer data, NMFS 
will determine whether a species or stock should be added to, or 
deleted from, the list by considering other factors such as: changes in 
gear used, increases or decreases in fishing effort, increases or 
decreases in the level of observer coverage, and/or changes in fishery 
management that are expected to lead to decreases in interactions with 
a given marine mammal stock (such as a TRP or a fishery management plan 
(FMP)). In these instances, NMFS will provide case-specific 
justification in the LOF for changes to the list of species or stocks 
incidentally killed or injured.

How does NMFS determine the levels of observer coverage in a fishery on 
the LOF?

    Data obtained from the observer program and observer coverage 
levels are important tools in estimating the level of marine mammal 
mortality and serious injury in commercial fishing operations. 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. Starting with the 2005 SARs, each SAR includes 
an appendix with detailed descriptions of each Category I and II 
fishery on the LOF, including observer coverage in those fisheries. The 
SARs generally do not provide detailed information on observer coverage 
in Category III fisheries because, under the MMPA, Category III 
fisheries are not required to accommodate observers aboard vessels due 
to the remote likelihood of mortality and serious injury of marine 
mammals. Fishery information presented in the SARs' appendices may 
include: level of federal observer coverage, target species, levels of 
fishing effort, spatial and temporal distribution of fishing effort, 
characteristics of fishing gear and operations, management and 
regulations, and interactions with marine mammals. Copies of the SARs 
are available on the NMFS Office of Protected Resources Web site at: 
http://www.nmfs.noaa.gov/pr/sars/. Information on observer coverage 
levels in Category I and II fisheries can also be found in the Category 
I and II fishery fact sheets on the NMFS Office of Protected Resources 
Web site: http://www.nmfs.noaa.gov/pr/interactions/lof/. Additional 
information on observer programs in commercial fisheries can be found 
on the NMFS National Observer Program's Web site: http://www.st.nmfs.gov/st4/nop/.

How do I find out if a specific fishery is in category I, II, or III?

    This proposed rule includes three tables that list all U.S. 
commercial fisheries by LOF Category. Table 1 lists all of the 
commercial fisheries in the Pacific Ocean (including Alaska); Table 2 
lists all of the commercial fisheries in the Atlantic Ocean, Gulf of 
Mexico, and Caribbean; and Table 3 lists all U.S.-authorized commercial 
fisheries on the high seas. A fourth table, Table 4, lists all 
commercial fisheries managed under applicable TRPs or take reduction 
teams (TRT).

Are high seas fisheries included on the LOF?

    Beginning with the 2009 LOF, NMFS includes high seas fisheries in 
Table 3 of the LOF, along with the number of valid High Seas Fishing 
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues 
HSFCA permits only for high seas fisheries analyzed in accordance with 
the National Environmental Policy Act (NEPA) and the Endangered Species 
Act (ESA). The authorized high seas fisheries are broad in scope and 
encompass multiple specific fisheries identified by gear type. For the 
purposes of the LOF, the high seas fisheries are subdivided based on 
gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to 
provide more detail on composition of effort within these fisheries. 
Many fisheries operate in both U.S. waters and on the high seas, 
creating some overlap between the fisheries listed in Tables 1 and 2 
and those in Table 3. In these cases, the high seas component of the 
fishery is not considered a separate fishery, but an extension of a 
fishery operating within U.S. waters (listed in Table 1 or 2). NMFS 
designates those fisheries in Tables 1, 2, and 3 by a ``*'' after the 
fishery's name. The number of HSFCA permits listed in Table 3 for the 
high seas components of these fisheries operating in U.S. waters does 
not necessarily represent additional effort that is not accounted for 
in Tables 1 and 2. Many vessels/participants holding HSFCA permits also 
fish within U.S. waters and are included in the number of vessels and 
participants operating within those fisheries in Tables 1 and 2.
    HSFCA permits are valid for five years, during which time FMPs can 
change. Therefore, some vessels/participants may possess valid HSFCA 
permits without the ability to fish under the permit because it was 
issued for a gear type that is no longer authorized under the most 
current FMP. For this reason, the number of HSFCA permits displayed in 
Table 3 is likely higher than the actual U.S. fishing effort on the 
high seas. For more information on how NMFS classifies high seas 
fisheries on the LOF, see the preamble text in the final 2009 LOF (73 
FR 73032; December 1, 2008).

Where can I find specific information on fisheries listed on the LOF?

    Starting with the 2010 LOF, NMFS developed summary documents, or 
fishery fact sheets, for each Category I and II fishery on the LOF. 
These fishery fact sheets provide the full history of each Category I 
and II fishery, including: when the fishery was added to the LOF, the 
basis for the fishery's initial classification, classification changes 
to the fishery, changes to the list of species or stocks incidentally 
killed or injured in the fishery, fishery gear and methods used, 
observer coverage levels, fishery management and regulation, and 
applicable TRPs or TRTs, if any. These fishery fact sheets are updated 
after each final LOF and can be found under ``How Do I Find Out if a 
Specific Fishery is in Category I, II, or III?'' on the NMFS Office of 
Protected Resources' Web site: http://www.nmfs.noaa.gov/pr/interactions/lof/, linked to the ``List of Fisheries by Year'' table. 
NMFS plans to

[[Page 23711]]

develop 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 will take 
significant time to complete. NMFS anticipates posting Category III 
fishery fact sheets along with the final 2014 LOF, although this 
timeline may be revised as this exercise progresses.

Am I required to register under the MMPA?

    Owners of vessels or gear engaging in a Category I or II fishery 
are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50 
CFR 229.4, to register with NMFS and obtain a marine mammal 
authorization to lawfully take non-endangered and non-threatened marine 
mammals incidental to commercial fishing operations. Owners of vessels 
or gear engaged in a Category III fishery are not required to register 
with NMFS or obtain a marine mammal authorization.

How do I register and receive my authorization certificate and injury/
mortality reporting forms?

    NMFS has integrated the MMPA registration process, implemented 
through the Marine Mammal Authorization Program (MMAP), with existing 
state and Federal fishery license, registration, or permit systems for 
Category I and II fisheries on the LOF. Participants in these fisheries 
are automatically registered under the MMAP and are not required to 
submit registration or renewal materials directly under the MMAP. In 
the Pacific Islands, Southwest, Northwest, and Alaska regions, NMFS 
will issue vessel or gear owners an authorization certificate and/or 
injury/mortality reporting forms via U.S. mail or with their state or 
Federal license at the time of renewal. In the Northeast region, NMFS 
will issue vessel or gear owners an authorization certificate via U.S. 
mail automatically at the beginning of each calendar year; but vessel 
or gear owners must request or print injury/mortality reporting forms 
by contacting the NMFS Northeast Regional Office at 978-281-9328 or by 
visiting the Northeast Regional Office Web site (http://www.nero.noaa.gov/mmap). In the Southeast region, NMFS will issue 
vessel or gear owners notification of registry and vessel or gear 
owners may receive their authorization certificate and/or injury/
mortality reporting form by contacting the Southeast Regional Office at 
727-209-5952 or by visiting the Southeast Regional Office Web site 
(http://sero.nmfs.noaa.gov/pr/mm/mmap.htm) and following the 
instructions for printing the necessary documents.
    The authorization certificate, or a copy, must be on board the 
vessel while it is operating in a Category I or II fishery, or for non-
vessel fisheries, in the possession of the person in charge of the 
fishing operation (50 CFR 229.4(e)). Although efforts are made to limit 
the issuance of authorization certificates to only those vessel or gear 
owners that participate in Category I or II fisheries, not all state 
and Federal 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 permit is 
required must register with NMFS by contacting their appropriate 
Regional Office (see ADDRESSES).

How do I renew my registration under the MMAP?

    In Pacific Islands, Southwest, Alaska, or Northeast regional 
fisheries, registrations of vessel or gear owners are automatically 
renewed and participants should receive an authorization certificate by 
January 1 of each new year. In Northwest regional fisheries, vessel or 
gear owners receive authorization with each renewed state fishing 
license, the timing of which varies based on target species. Vessel or 
gear owners who participate in these regions and have not received 
authorization certificates by January 1 or with renewed fishing 
licenses must contact the appropriate NMFS Regional Office (see 
ADDRESSES).
    In Southeast regional fisheries, vessel or gear owners 
registrations are automatically renewed and participants will receive a 
letter in the mail by January 1 instructing them to contact the 
Southeast Regional Office to have an authorization certificate mailed 
to them or to visit the Southeast Regional Office Web site (http://sero.nmfs.noaa.gov/pr/mm/mmap.htm) to print their own certificate.

Am I required to submit reports when I injure or kill 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 injuries and mortalities of marine 
mammals that occur during commercial fishing operations, regardless of 
the category in which the fishery is placed (I, II, or III) within 48 
hours of the end of the fishing trip. ``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. Injury/mortality reporting forms and 
instructions for submitting forms to NMFS can be downloaded from: 
http://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reporting_form.pdf 
or by contacting the appropriate Regional office (see ADDRESSES). 
Reporting requirements and procedures can be 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 an observer will not be placed 
on a vessel if the facilities for quartering an observer or performing 
observer functions are inadequate or unsafe; thereby, exempting vessels 
too small to accommodate an observer from this requirement. However, 
observer requirements will not be exempted, regardless of vessel size, 
for U.S. Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 
longline vessels operating in special areas designated by the Pelagic 
Longline Take Reduction Plan implementing regulations (50 CFR 
229.36(d)). Observer requirements can be found in 50 CFR 229.7.

Am I required to comply with any marine mammal take reduction plan 
regulations?

    Table 4 in this proposed rule provides a list of fisheries affected 
by TRPs and TRTs. TRP regulations can be found at 50 CFR 229.30 through 
229.37. A description of each TRT and copies of each TRP can be found 
at: http://www.nmfs.noaa.gov/pr/interactions/trt/. 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 Marine Mammal Authorization

[[Page 23712]]

Program, including registration procedures and forms, current and past 
LOFs, information on each Category I and II fishery, observer 
requirements, and marine mammal injury/mortality reporting forms and 
submittal procedures, may be obtained at: http://www.nmfs.noaa.gov/pr/interactions/ lof/, or from any NMFS Regional Office at the addresses 
listed below:
    NMFS, Northeast Region, 55 Great Republic Drive, Gloucester, MA 
01930-2298, Attn: Allison Rosner;
    NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 
33701, Attn: Jessica Powell;
    NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213, Attn: Elizabeth Petras;
    NMFS, Northwest Region, 7600 Sand Point Way NE., Seattle, WA 98115, 
Attn: Brent Norberg, Protected Resources Division;
    NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 
9th Street, Juneau, AK 99802, Attn: Bridget Mansfield; or
    NMFS, Pacific Islands Region, Protected Resources, 1601 Kapiolani 
Boulevard, Suite 1110, Honolulu, HI 96814, Attn: Nancy Young.

Sources of Information Reviewed for the Proposed 2013 LOF

    NMFS reviewed the marine mammal incidental serious injury and 
mortality 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 serious injury and mortality 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 created by the 
MMPA to review the science that informs the SARs, and to advise NMFS on 
marine mammal population status, trends, and stock structure, 
uncertainties in the science, research needs, and other issues.
    NMFS also reviewed other sources of new information, including 
marine mammal stranding data, observer program data, fisher self-
reports, reports to the SRGs, conference papers, FMPs, and ESA 
documents.
    The proposed LOF for 2013 was based, among other things, on 
information provided in the NEPA and ESA documents analyzing authorized 
high seas fisheries; stranding data; fishermen self-reports through the 
MMAP; the final SARs for 2006 (72 FR 12774, March 19, 2007), 2007 (73 
FR 21111, April 18, 2008), 2008 (74 FR 19530, April 29, 2009), 2009 (75 
FR 12498, March 16, 2010), 2010 (76 FR 34054, June 10, 2011), and 2011 
(77 FR 29969, May 21, 2012); and the draft SARs for 2012 (77 FR 47043, 
August 7, 2012). The SARs are available at: http://www.nmfs.noaa.gov/pr/sars/.

Fishery Descriptions

    Beginning with the final 2008 LOF (72 FR 66048, November 27, 2007), 
NMFS describes each Category I and II fishery on the LOF. In each LOF, 
NMFS describes the fisheries classified as Category I or II that were 
not classified as such on a previous LOF (and therefore have not yet 
been described in the LOF). Descriptions of all Category I and II 
fisheries operating in U.S. waters may be found in the SARs, FMPs, and 
TRPs, through state agencies, or through the fishery summary documents 
available on the NMFS Office of Protected Resources Web site (http://www.nmfs.noaa.gov/pr/interactions/ lof/). Additional details for 
Category I and II fisheries operating on the high seas are included in 
various FMPs, NEPA, or ESA documents.
    The ``Alaska Bering Sea and Aleutian Islands rockfish trawl'' 
fishery is proposed for reclassification from Category III to Category 
II. Rockfish species fished include Pacific Ocean perch, northern 
rockfish, rougheye rockfish, shortraker rockfish, and other rockfish. 
Fishing effort in this fishery takes place in the U.S. Exclusive 
Economic Zone of the Eastern Bering Sea and the portion of the North 
Pacific Ocean adjacent to the Aleutian Islands, which is west of 
170[deg]W longitude up to the U.S.-Russian Convention Line of 1867. 
Pacific Ocean perch in the Aleutian Islands is allocated under the 
Amendment 80 catch share program to the trawl gear sectors. Northern 
rockfish, rougheye rockfish, shortraker rockfish, and other rockfish do 
not have directed fisheries but are caught incidentally in other 
fisheries. There are currently an estimated 28 vessels licensed in this 
fishery.

Summary of Changes to the LOF for 2013

    The following summarizes changes to the LOF for 2013 in fishery 
classification, the estimated number of vessels/participants in a 
particular fishery, the species or stocks that are incidentally killed 
or injured in a particular fishery, and the fisheries that are subject 
to a take reduction plan. The classifications and definitions of U.S. 
commercial fisheries for 2013 are identical to those provided in the 
LOF for 2012 with the proposed changes discussed below. State and 
regional abbreviations used in the following paragraphs include: AK 
(Alaska), CA (California), DE (Delaware), FL (Florida), GMX (Gulf of 
Mexico), HI (Hawaii), MA (Massachusetts), ME (Maine), NC (North 
Carolina), NY (New York), OR (Oregon), RI (Rhode Island), SC (South 
Carolina), VA (Virginia), WA (Washington), and WNA (Western North 
Atlantic).

Commercial Fisheries in the Pacific Ocean

Fishery Classification

CA Thresher Shark/Swordfish Drift Gillnet Fishery
    NMFS proposes to reclassify the ``CA thresher shark/swordfish drift 
gillnet'' fishery from Category II to Category I. NMFS has observed 
this fishery from 2005 through 2010 at coverage levels ranging from 
11.9% to 20.9%. NMFS reclassified this fishery from Category III to 
Category II on the 2012 LOF (76 FR 73912; November 29, 2011).
    In 2010, two sperm whales likely from the CA/OR/WA stock were 
observed entangled in this fishery (one dead and one seriously 
injured), which resulted in a bycatch estimate of 16 sperm whales in 
2010. There were no observed sperm whale entanglements in the ``CA 
thresher shark/swordfish drift gillnet'' during the prior four years 
(2006 through 2009). These were the first observed entanglements of 
sperm whales in the ``CA thresher shark/swordfish drift gillnet'' 
fishery since 1998. Based on the most recent five years of available 
information, the average serious injury/mortality of the CA/OR/WA stock 
of sperm whales in this fishery is 3.2 per year, which is greater than 
213% of the PBR level of 1.5. Therefore, reclassification of the ``CA 
thresher shark/swordfish drift gillnet'' fishery to Category I is 
appropriate under 50 CFR 229.2. This fishery is currently observed 
under the authority of the MMPA (50 CFR 229.4(h)) and the Highly 
Migratory Species FMP (50 CFR 660.719) and must comply with Pacific 
Offshore Cetacean TRP regulations (50 CFR 229.31).
Bering Sea and Aleutian Islands Rockfish Trawl Fishery
    NMFS proposes to reclassify the ``Alaska Bering Sea and Aleutian 
Islands Rockfish trawl'' fishery from Category III to Category II based 
on an observed mortality of a killer whale (Gulf of Alaska, Aleutian 
Islands, Bering Sea transient stock). Although extrapolated data 
estimating actual marine mammal

[[Page 23713]]

serious injury and mortalities are available in the draft 2012 Alaska 
Stock Assessment Reports, observed serious injury/mortality was used in 
the 2013 LOF tier analysis for this fishery. The analytical methods for 
extrapolating estimated serious injury and mortality from observed data 
have undergone further review and revision subsequent to the draft SAR 
publication; a NOAA Technical Memorandum containing a description of 
the methodology is expected in spring 2013. The revised methods will be 
applied to the analysis that will form the basis for the 2014 LOF 
recommendations. Serious injury/mortality to one killer whale from 
either the North Pacific Alaska resident stock or the Gulf of Alaska, 
Aleutian Islands, Bering Sea transient stock caused by the fishery 
occurred between 2007 and 2010. The mean observed annual mortality for 
the 2007-2010 period for killer whales (Gulf of Alaska, Aleutian 
Islands, Bering Sea transient stock) caused by this fishery is 0.25, 
and overall observed mean annual mortality across all fisheries is 
1.25. The PBR for this stock is 5.5. Serious injury/mortality for the 
stock across all fisheries is greater than 10% of PBR (0.55), and 
serious injury/mortality caused by this fishery is between 1% and 50% 
of PBR (.055 to 2.25). Therefore, serious injury/mortality of this 
stock drives the fishery's proposed Category II classification, and 
NMFS proposes to add a superscript ``\1\'' to denote this in Table 1.
Alaska Bering Sea/Aleutian Islands Pacific Cod Longline Fishery
    NMFS proposes to reclassify the ``Alaska Bering Sea/Aleutian 
Islands Pacific cod longline'' fishery from Category II to Category 
III. Category II classification for this fishery was driven by serious 
injury/mortality to killer whales (Alaska Resident stock) documented in 
2003. The fishery was originally classified in Category II in the 2005 
LOF after NMFS determined the fishery caused serious injury/mortality 
of killer whales (Eastern North Pacific resident stock) at 0.8 animals 
per year, or 11.11% of the stock's PBR level of 7.2.
    Based on the most recent available information, there have been no 
serious injuries or mortalities of killer whales (Alaska Resident 
stock) in the fishery since 2003. Therefore, NMFS proposes to 
reclassify this fishery as Category III.
Alaska Bering Sea Sablefish Pot Fishery
    NMFS proposes to reclassify the ``Alaska Bering Sea sablefish pot 
fishery'' from Category II to Category III. Category II classification 
for this fishery was driven by serious injury/mortality of humpback 
whales (Central North Pacific and Western North Pacific stock). The 
fishery was reclassified to Category II in the 2005 LOF based on 
interactions with humpback whales documented in 2002. Estimated serious 
injury and mortality of humpback whales (Central North Pacific stock) 
at that time was 0.2 animals per year, or 2.7% of PBR (PBR=7.4). 
Estimated serious injury and mortality of humpback whales (Western 
North Pacific stock) was 0.2 animals per year, or 28.57% of PBR (2005 
PBR=0.7).
    No serious injuries or mortalities to these stocks or to any other 
marine mammal stocks by the Bering Sea sablefish pot fishery have been 
documented since 2002. Therefore, NMFS proposes to place this fishery 
in Category III.
Hawaii Charter Vessel and Hawaii Trolling, Rod and Reel Fisheries
    In the proposed 2012 LOF, NMFS proposed elevating the ``Hawaii 
charter vessel'' and ``Hawaii trolling, rod and reel'' fisheries from 
Category III to Category II on the basis of the fisheries' interactions 
with Pantropical spotted dolphins. In the Final 2012 LOF, NMFS 
concluded that insufficient information existed to support a 
reclassification and that the agency would reconsider elevating these 
fisheries in the 2013 LOF. NMFS has reviewed the most recent 
information and determined that the ``Hawaii charter vessel'' and 
``Hawaii trolling, rod and reel'' fisheries should remain classified as 
Category III fisheries.
    NMFS Pacific Islands Regional Office is engaging in an ongoing 
effort with the State of Hawaii's Department of Land and Natural 
Resources to examine existing fisheries data, and researchers are 
gathering more information on fishing behavior around Pantropical 
spotted dolphins. Based on the most current information available, NMFS 
has again considered whether serious injury or mortality of Pantropical 
spotted dolphins in the fisheries is ``occasional'' or a ``remote 
likelihood.'' The regulatory definition of a Category II commercial 
fishery is one that, collectively with other fisheries, is responsible 
for the annual removal of more than 10% of any marine mammal stock's 
PBR level, and that is by itself responsible for the annual removal of 
between 1% and 50%, exclusive, of any stock's PBR level (50 CFR 229.2). 
The Final 2011 SAR and more recent bycatch estimates indicate no 
serious injuries or mortalities of Pantropical spotted dolphins 
observed in the Hawaii-based longline fisheries within the U.S. 
Exclusive Economic Zone (EEZ) (Carretta et al., 2012b; McCracken, 
2011). The SAR reports no other sources of recent mortalities except 
anecdotal reports of hookings in the troll fisheries (Carretta et al., 
2012b).
    Current information does not suggest that total commercial fishery-
related mortality and serious injury of the stock exceeds 10% of the 
PBR of 61 (i.e., 6.1 serious injuries or mortalities per year). NMFS 
bases this conclusion on the following:
    (1) The lack of mortality/serious injury reports in the Final 2011 
SARs and recent bycatch estimates;
    (2) The reportedly small number of participants in the troll and 
charter fisheries who opportunistically fish in close proximity to 
spotted dolphin groups;
    (3) The limited geographic and temporal scope of dolphin groups 
that are known to associate with tuna in Hawaiian waters and fished by 
local trollers;
    (4) The likelihood that some portion of that trolling effort around 
dolphins is recreational and would not count toward an estimation of 
risk that the commercial fisheries pose to the dolphins;
    (5) The likelihood that not all interactions between dolphins and 
the troll fisheries are serious injuries, particularly if an animal is 
snagged in an appendage or in the body by a hook being dragged through 
the water. A hooking in the body or an appendage, though case specific, 
is more likely to be a non-serious injury than an ingested hook, 
according to NMFS policy for distinguishing serious from non-serious 
injury of marine mammals (http://www.nmfs.noaa.gov/pr/laws/mmpa/policies.htm);
    (6) The lack of any direct evidence of serious injury or mortality 
of spotted dolphins in the troll and charter vessel fisheries; and
    (7) The lack of any other identified sources of incidental 
mortality/serious injury of this stock of spotted dolphins. There have 
been no observed or estimated mortalities or serious injuries of 
spotted dolphins in the Hawaii-based longline fisheries within the U.S. 
EEZ around Hawaii since 2005, though there are an estimated 0.5 serious 
injuries or mortalities per year in the deep-set longline fishery on 
the high seas (Carretta et al., 2012b; McCracken 2011).
    The fishing technique of trolling in close proximity to groups of 
Pantropical spotted dolphins, where and when it occurs, presents a 
heightened risk to the marine mammals. However, this information alone 
does not provide sufficient evidence with which to

[[Page 23714]]

conclude that dolphins are being seriously injured or killed on an 
occasional basis as a result of these practices. In the absence of 
evidence of mortality/serious injury, NMFS concludes based on the 
available information that a Category III classification for the troll 
and charter fisheries is appropriate.
    If new information suggests a level of fishery-related mortality/
serious injury would, across all fisheries, exceed 10% of the stock's 
PBR level, NMFS will recommend appropriate action in future LOFs. 
Additionally, if the Hawaii pelagic stock of Pantropical spotted 
dolphins is split into several smaller stocks (with smaller PBRs) in a 
future SAR, we will reevaluate the impact of the fisheries on those 
smaller stocks.

Number of Vessels/Persons

    NMFS proposes to update the estimated number of vessels/persons in 
the commercial fisheries in the Pacific Ocean (Table 1). Updates are 
based on state and federal fisheries permit data. The estimated number 
of vessels/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/persons in the fishery. NMFS acknowledges that, in some cases, 
these estimations may be inflations of actual effort. However, in these 
cases, the numbers represent the potential effort for each fishery, 
given the multiple gear types several state permits may allow for.
    NMFS proposes to update the estimated number of persons/vessels 
operating in the Pacific Ocean as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Estimated
                                                                                  Estimated         number of
                Category                                Fishery                   number of       participants
                                                                                participants     (proposed 2013
                                                                              (final 2012 LOF)        LOF)
----------------------------------------------------------------------------------------------------------------
I.......................................  HI deep-set (tuna target) longline/              124               129
                                           set line.
II (proposed I).........................  CA thresher shark/swordfish drift                 45                25
                                           gillnet.
II......................................  AK Bristol Bay Salmon drift                     1862              1863
                                           gillnet.
II......................................  AK Bristol Bay salmon set gillnet.               983               982
II......................................  AK Cook Inlet salmon drift gillnet               571               569
II......................................  AK Kodiak salmon purse seine......               370               379
II (proposed III).......................  AK Bering Sea, Aleutian Islands                   54               154
                                           Pacific cod longline.
II......................................  AK Peninsula/Aleutian Islands                    115               114
                                           salmon set gillnet.
II......................................  AK Yakutat salmon set gillnet.....               166               167
II......................................  HI shallow-set (swordfish target)                 28                20
                                           longline/set line.
II......................................  American Samoa longline...........                26                24
II......................................  HI shortline......................                13                11
II......................................  AK Southeast salmon drift gillnet.               476               474
III.....................................  AK Bering Sea, Aleutian Islands                   29                36
                                           Greenland Turbot longline.
III.....................................  AK Kuskokwim, Yukon, Norton Sound,               824              1702
                                           Kotzebue salmon gillnet.
III.....................................  AK roe herring and food/bait                     986               990
                                           herring gillnet.
III.....................................  AK roe herring and food/bait purse               361               367
                                           seine.
III.....................................  AK salmon purse seine (excluding                 936               935
                                           salmon purse seine fisheries
                                           listed as Category II).
III.....................................  AK salmon troll...................              2045              2008
III.....................................  AK Gulf of Alaska Pacific cod                    440               107
                                           longline.
III.....................................  AK halibut longline/set line                    2521              2280
                                           (State and Federal waters).
III.....................................  AK State-managed waters longline/               1448              1323
                                           setline (including sablefish,
                                           rockfish, lingcod, and
                                           miscellaneous finfish).
III.....................................  AK miscellaneous finfish otter/                  317               282
                                           beam trawl.
III.....................................  AK shrimp otter trawl and beam                    32                33
                                           trawl (statewide and Cook Inlet).
III.....................................  AK statewide miscellaneous finfish               293               243
                                           pot.
III.....................................  AK BSAI crab pot..................               297               296
III.....................................  AK Gulf of Alaska crab pot........               300               389
III.....................................  AK southeast Alaska crab pot......               433               415
III.....................................  AK Southeast Alaska shrimp pot....               283               274
III.....................................  AK shrimp pot, except southeast...                15               210
III.....................................  AK Octopus/squid pot..............                27                26
III.....................................  AK miscellaneous finfish handline/               445               456
                                           hand troll and mechanical jig.
III.....................................  AK North Pacific halibut handline/               228               180
                                           hand troll and mechanical jig.
III.....................................  AK herring spawn on kelp pound net               415               411
III.....................................  AK Southeast herring roe/food/bait                 6                 4
                                           pound net.
III.....................................  AK urchin and other fish/shellfish               570               521
III.....................................  AK North Pacific halibut, AK          1,302 (102 AK)    1,320 (120 AK)
                                           bottom fish, WA/OR/CA albacore,
                                           groundfish, bottom fish, CA
                                           halibut non-salmonid troll
                                           fisheries.
III.....................................  HI inshore gillnet................                44                36
III.....................................  HI opelu/akule net................                16                22
III.....................................  HI inshore purse seine............                 5               < 3
III.....................................  HI throw net, cast net............                22                29
III.....................................  HI hukilau net....................                27                26
III.....................................  HI lobster tangle net.............                 1                 0
III.....................................  American Samoa tuna troll.........               <50                 7
III.....................................  HI trolling, rod and reel.........             2,191             1,560
III.....................................  Commonwealth of the Northern                      88                40
                                           Mariana Islands tuna troll.
III.....................................  Guam tuna troll...................               401               432
III.....................................  HI kaka line......................                24                17

[[Page 23715]]

 
III.....................................  HI vertical longline..............                10                 9
III.....................................  HI crab trap......................                 5                 9
III.....................................  HI fish trap......................                13                 9
III.....................................  HI lobster trap...................                 1                <3
III.....................................  HI shrimp trap....................                 2                 4
III.....................................  HI crab net.......................                 5                 6
III.....................................  HI Kona crab loop net.............                46                48
III.....................................  American Samoa bottomfish.........               <50                12
III.....................................  Commonwealth of the Northern                     <50                28
                                           Mariana Islands bottomfish.
III.....................................  Guam bottomfish...................               200              >300
III.....................................  HI aku boat, pole, and line.......                 2                 3
III.....................................  HI Main Hawaiian Islands deep-sea                569               567
                                           bottomfish handline.
III.....................................  HI inshore handline...............               416               378
III.....................................  HI tuna handline..................               445               459
III.....................................  Western Pacific squid jig.........                 6                 1
III.....................................  HI bullpen trap...................                 4                <3
III.....................................  HI black coral diving.............                 1                <3
III.....................................  HI handpick.......................                61                57
III.....................................  HI lobster diving.................                39                29
III.....................................  HI spearfishing...................               144               143
----------------------------------------------------------------------------------------------------------------

List of Species or Stocks Incidentally Killed or Injured in the Pacific 
Ocean

    NMFS proposes to update the list of species or stocks incidentally 
killed or injured by fisheries in the Pacific Ocean (Table 1). The 
agency notes here that while only ``serious injuries'' and mortalities 
are used to categorize fisheries as Category I, II, or III, the list of 
species or stocks incidentally killed or injured includes stocks that 
have any documented injuries, including ``non-serious'' injuries. For 
information on how NMFS determines whether a particular injury is 
serious or non-serious, please see NMFS Instruction 02-038-01, 
``Process for Distinguishing Serious from Non-Serious Injury of Marine 
Mammals'' (http://www.nmfs.noaa.gov/pr/laws/mmpa/policies.htm). NMFS 
proposes the following updates:
    NMFS proposes to add sperm whales (CA/OR/WA stock) and bottlenose 
dolphins (CA/OR/WA offshore stock) to the list of species/stocks 
incidentally killed or injured in the ``CA thresher shark/swordfish 
drift gillnet'' fishery. NMFS further proposes adding a superscript 
``1'' after sperm whale (CA/OR/WA stock), indicating that this stock is 
a driver for the Category I classification of the fishery. NMFS also 
proposes to remove the superscript ``\1\'' from the humpback whale (CA/
OR/WA stock), because while that stock was driving a Category II 
classification, levels of serious injury/mortality to that stock are 
not high enough to drive the proposed Category I classification for 
that fishery.
    NMFS proposes to add bottlenose dolphins (CA/OR/WA offshore stock) 
to the list of species taken in the ``WA/OR/CA groundfish, bottomfish 
longline/set line'' fishery based on a 2009 observer report of an 
entangled bottlenose dolphin attributed to the CA/OR/WA offshore stock 
in the Category III ``WA/OR/CA groundfish, bottomfish longline/set 
line'' fishery. The dolphin was entangled in a buoy line, cut free from 
the gear, released alive, and swam away with cuts on its tail. This 
report has not yet appeared in the Pacific Marine Mammal SARs.
    NMFS proposes to add short-finned pilot whales (Hawaiian stock), to 
the list of species or stocks incidentally killed or injured in the 
``HI shallow-set (swordfish target) longline'' fishery. The Final 2011 
SAR reports no observed injuries or mortalities of short-finned pilot 
whales in the fishery from 2004-2008, but one serious injury of an 
unidentified cetacean (a ``blackfish'') on the high seas in 2008 that 
may have been a short-finned pilot whale (Carretta et al., 2012b). A 
more recent analysis uses a model to prorate blackfish interactions to 
short-finned pilot whale and false killer whale stocks (see model 
details in McCracken, 2010). That analysis resulted in a revised 
estimate of 0.1 short-finned pilot whale mortalities and serious 
injuries per year in the shallow-set longline fishery for the period 
2006-2010 (McCracken, 2011). The fishery has 100% observer coverage.
    NMFS proposes to remove Bryde's whales (Hawaiian stock), from the 
list of species or stocks incidentally killed or injured in the 
``Hawaii shallow-set (swordfish target) longline'' fishery. The Final 
2011 SAR reported one non-serious injury of a Bryde's whale in the 
fishery in 2005 (Carretta et al., 2012b). However, more recent data 
indicate that no Bryde's whales have been injured or killed in the 
fishery in the last five years (McCracken, 2011). Therefore, NMFS 
proposes to delete the stock from the list of marine mammals 
incidentally injured or killed by the fishery. The fishery has 100% 
observer coverage.
    In the ``HI shallow-set (swordfish target) longline'' fishery, NMFS 
proposes to add a superscript ``\1\'' following false killer whale 
(Hawaii pelagic stock), to indicate the stock is driving the fishery's 
Category II classification. The fishery has 100% observer coverage. 
This determination was made based on analysis of the draft 2012 SAR 
(Carretta et al., 2012a). In the tier 1-analysis, NMFS finds that the 
total of average annual mortalities and serious injuries for this stock 
across all fisheries within the U.S. EEZ around Hawaii is 13.8 
(Carretta et al., 2012a). False killer whales (Hawaii pelagic stock) 
have a PBR of 9.1. Thus, annual mortality and serious injury is 151.6% 
of PBR, exceeding 10% of PBR. In the tier-2 analysis, the shallow-set 
longline fishery has an average annual serious injury/mortality rate of 
0.2 (Carretta et al., 2012a). This is 2.2% of the 9.1 PBR level, 
between 1% and 50% of PBR. Therefore, the stock is a driver of the 
fishery's Category II classification.
    The ``Hawaii shallow-set (swordfish target) longline'' fishery was 
previously classified as Category II based on mortalities and serious 
injuries of bottlenose dolphin (Hawaii pelagic

[[Page 23716]]

stock). Review of the most recent information indicates that, across 
all U.S. fisheries within the U.S. EEZ, total mortalities and serious 
injuries of this stock (0.4 per year) do not exceed 10% of its PBR of 
18 (Carretta et al., 2012b). NMFS proposes to remove the superscript 
``\1\'' following bottlenose dolphin (Hawaii pelagic stock), to 
indicate the stock is no longer driving the fishery's Category II 
classification. However, as discussed above, because recent data 
analyzed for the 2013 LOF indicate that false killer whales (Hawaii 
pelagic stock) are seriously injured or killed by this fishery at a 
Category II level, the fishery remains classified as Category II.
    NMFS proposes to remove humpback whales (Central North Pacific 
stock) from the list of species or stocks incidentally killed or 
injured in the ``Hawaii deep-set (tuna target) longline'' fishery. 
Though the fishery has had non-serious injuries of this stock in the 
past (one each in 2001, 2002, and 2004), the most recent five-year 
period for which information is readily available indicates that the 
fishery caused no documented injuries or deaths to this stock during 
this period (Forney, 2010; McCracken, 2011; Allen and Angliss, 2012a; 
Allen and Angliss, 2012b). The fishery has approximately 20% observer 
coverage. Therefore, NMFS proposes to delete the stock from the list of 
marine mammals incidentally injured or killed by the fishery.
    NMFS proposes to remove Blainville's beaked whales (Hawaiian 
stock), from the list of species or stocks incidentally killed or 
injured in the ``Hawaii deep-set (tuna target) longline'' fishery. The 
most recent five-year period for which information is readily available 
indicates that the fishery caused no documented injuries or deaths to 
Blainville's beaked whales during this period (McCracken, 2011). 
Therefore, NMFS proposes to delete the stock from the list of marine 
mammals incidentally injured or killed by the fishery. The fishery has 
approximately 20% observer coverage.
    NMFS proposes to add pantropical spotted dolphins (Hawaii stock) to 
the list of species or stocks incidentally injured or killed in the 
Category III ``Hawaii trolling, rod and reel'' and ``Hawaii charter 
vessel'' fisheries. As noted in the discussion above regarding the 
``Hawaii trolling, rod and reel'' and ``Hawaii charter vessel'' 
fisheries classification, available information indicates that 
pantropical spotted dolphins are incidentally injured in these 
fisheries at low levels. There is no observer coverage in these 
fisheries. NMFS notes here, again, that while classification of a 
fishery in Category I, II, or III under the MMPA requires evidence of 
``serious injury or mortality,'' the list of species or stocks 
incidentally injured or killed requires only evidence of ``injury,'' a 
term that includes non-serious injuries. While NMFS does not propose to 
reclassify these fisheries, the agency finds that sufficient evidence 
exists to list the Pantropical spotted dolphin as an incidentally 
injured stock in these fisheries.
    NMFS proposes several changes to the list of marine mammal stocks 
incidentally killed or injured in the Category II ``Alaska Bering Sea 
and Aleutian Islands Flatfish trawl'' fishery. First, NMFS proposes to 
add gray whales (Eastern North Pacific stock) to the list of 
incidentally injured or killed stocks. Serious injury/mortality to a 
gray whale in this fishery was documented in 2010. Second, NMFS 
proposes to add humpback whales (Western North Pacific stock) to the 
list of species or stocks incidentally injured or killed by this 
fishery. Serious injury/mortality to a humpback whale by this fishery 
was documented in 2010. Mean annual serious injury/mortality for the 
2007-2010 period for humpback whales (Western North Pacific stock) 
caused by this fishery is 0.25, and overall mean annual serious injury/
mortality across all fisheries is 0.62. The PBR for this stock is 2.6. 
Serious injury/mortality for this stock across all fisheries is greater 
than 10 percent of PBR (0.26). Serious injury/mortality caused by this 
fishery is between 1 percent and 50 percent of PBR (0.026 to 1.3). 
Therefore, serious injury/mortality of this stock is a driver of the 
fishery's existing Category II classification and NMFS proposes to add 
a superscript ``\1\'' to denote this in Table 1. Third, NMFS proposes 
to add killer whales (Gulf of Alaska, Aleutian Islands, and Bering Sea 
transient stock) to the list of incidentally injured or killed stocks. 
Serious injury/mortality to a killer whale was documented in 2008 and 
2009. Mean annual serious injury/mortality for the 2007-2010 period for 
killer whales caused by this fishery is 0.75, and overall mean annual 
serious injury/mortality across all fisheries is 1.37. The PBR for this 
stock is 5.5. Serious injury/mortality for the stocks across all 
fisheries is greater than 10 percent of PBR (.55), and serious injury/
mortality caused by this fishery is between 1 percent and 50 percent of 
PBR (.055 to 2.25). Therefore, serious injury/mortality of this stock 
drives the fishery's Category II classification, and NMFS proposes to 
add a superscript ``\1\'' to denote this in Table 1. Fourth, NMFS 
proposes to add ringed seals (Alaska stock) to the list of stocks 
incidentally injured or killed by the fishery. Serious injury/mortality 
to ringed seals was documented in 2008 and 2009.
    NMFS proposes several changes to the list of marine mammal stocks 
incidentally killed or injured in the Category II ``Alaska Bering Sea 
and Aleutian Islands Pollock trawl'' fishery. First, NMFS proposes to 
add ringed seals (Alaska stock) to the list of incidentally injured or 
killed stocks by this fishery. Serious injury/mortality to ringed seals 
was documented in 2008 and 2009 in this fishery. Second, NMFS proposes 
to add bearded seals (Alaska stock) to the list of incidentally injured 
or killed stocks by this fishery. Injury/mortality to bearded seals was 
documented in 2007, 2008, 2009, and 2010. Third, NMFS proposes to add 
Northern fur seals (Eastern Pacific stock) to the list of incidentally 
injured or killed stocks by this fishery. Injury/mortality to fur seals 
was documented in 2007, 2008, and 2010. Fourth, NMFS proposes to remove 
killer whales (Eastern North Pacific, Gulf of Alaska, Aleutian Islands, 
and Bering Sea transient stock) from the list of incidentally injured 
or killed marine mammal stocks by this fishery. There have been no 
documented injuries or mortalities to killer whales by this fishery 
since 2003. Fifth, NMFS proposes to remove minke whales (Alaska stock) 
from the list of incidentally injured or killed marine mammal stocks by 
this fishery. There have been no documented injuries or mortalities to 
minke whales by this fishery since 2000.
    NMFS proposes several changes to the list of marine mammal stocks 
incidentally injured or killed by the proposed Category III ``Alaska 
Bering Sea and Aleutian Islands Pacific Cod longline'' fishery. First, 
NMFS proposes to add Northern fur seals (eastern Pacific stock) to the 
list of species or stocks incidentally injured or killed by this 
fishery. Serious injury/mortality to Northern fur seals was documented 
in 2010. Second, NMFS proposes to add Dall's Porpoise (Alaska stock) to 
the list of marine mammal stocks incidentally injured or killed by the 
fishery. Serious injury/mortality to Dall's porpoise was documented in 
2009. Third, NMFS proposes to remove Steller sea lions (Western United 
States stock) from the list of species or stocks incidentally injured 
or killed by this fishery. There have been no documented injuries or 
mortalities of Steller sea lions (Western United States stock) in this 
fishery since 2006. Fourth, NMFS proposes to remove ribbon seals 
(Alaska stock) from the list

[[Page 23717]]

of species or stocks incidentally injured or killed by this fishery. 
There have been no documented injuries or mortalities of ribbon seals 
(Alaska stock) in this fishery since 2001. Fifth, NMFS proposes to 
remove killer whales (Alaska Resident stock) from the list of species 
or stocks incidentally injured or killed by this fishery. There have 
been no documented injuries or mortalities of killer whales (Alaska 
Resident stock) in this fishery since 2000.
    NMFS proposes to add Steller sea lions (Western United States 
stock) to the list of marine mammal stocks incidentally injured or 
killed by the Category III ``Gulf of Alaska Pacific Cod longline'' 
fishery. Serious injury/mortality to Steller sea lions (Western United 
States stock) by this fishery was documented in 2008 and 2010. Mean 
annual serious injury/mortality for the 2007-2010 period for Steller 
sea lions (Western United States stock) caused by this fishery is 4.4, 
and overall mean annual serious injury/mortality across all fisheries 
is 28.25. The PBR for this stock is 275. Serious injury/mortality for 
this stock across all fisheries is therefore slightly greater than 10 
percent of PBR (27.5). While data from the SARs suggests serious 
injury/mortality caused by the fishery amounts to 1.6% of PBR, more 
recent results using updated methodologies for estimating total actual 
serious injury/mortality indicate serious injury/mortality is 
substantially less than 1% of PBR. Therefore, NMFS proposes to add the 
stock to the list of marine mammal stocks incidentally injured or 
killed by the fishery but not reclassify the fishery at this time. 
Therefore, the stock does not drive the fishery's classification.
    NMFS proposes to remove Steller sea lions (Eastern United States 
stock) from the list of marine mammals incidentally injured or killed 
by the Category III ``Gulf of Alaska Sablefish longline'' fishery. 
There has been no documented injury/mortality of the stock in this 
fishery since 2000.
    NMFS proposes to remove Steller sea lions (Eastern United States 
stock) from the list of marine mammals incidentally injured or killed 
by the Category III ``Alaska Halibut longline'' fishery. There has been 
no documented injury/mortality to the stock by this fishery since 1995.
    NMFS proposes to add ribbon seal (Alaska stock) to the list of 
marine mammal stocks incidentally injured or killed by the Category III 
``Atka Mackerel trawl'' fishery. Serious injury/mortality to ribbon 
seals (Alaska stock) in this fishery was documented in 2007 and 2009.
    NMFS proposes to remove harbor seals (Bering Sea stock) from the 
list of marine mammals incidentally injured or killed by the Category 
III ``Bering Sea/Aleutian Islands Pacific Cod trawl'' fishery. There 
has been no documented injury or mortality to the stock by this fishery 
since 2004.
    NMFS proposes to remove humpback whales (Western North Pacific 
stock) and (Central North Pacific stock) from the list of marine 
mammals incidentally injured or killed by the proposed Category III 
``Alaska Bering Sea sablefish pot'' fishery. There have been no 
documented injuries or mortalities to these stocks by the fishery over 
the last five years.

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

Number of Vessels/Persons

    NMFS proposes to update the estimated number of vessels/persons in 
the commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and 
Caribbean (Table 2). Updates are based on state and federal fisheries 
permit data. The estimated number of vessels/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/persons in the fishery. 
NMFS acknowledges that, in some cases, these estimations may be 
inflations of actual effort. However, in these cases, the numbers 
represent the potential effort for each fishery, given the multiple 
gear types several state permits may allow.
    NMFS proposes the following updates to the estimated number of 
vessels/persons in commercial fisheries in the Atlantic Ocean, Gulf of 
Mexico, and Caribbean.

----------------------------------------------------------------------------------------------------------------
                                                                                                    Estimated
                                                                                  Estimated         number of
                Category                                Fishery                   number of       participants
                                                                                participants     (proposed 2013
                                                                              (final 2012 LOF)        LOF)
----------------------------------------------------------------------------------------------------------------
I.......................................  Atlantic Ocean, Caribbean, Gulf of                94               420
                                           Mexico large pelagic longline.
I.......................................  Northeast Sink Gillnet............             3,828             4,375
I.......................................  Mid Atlantic Gillnet..............             6,402             5,509
I.......................................  Northeast/Mid Atlantic American               11,767            11,693
                                           Lobster Trap/Pot.
II......................................  North Carolina inshore gillnet....             2,250             1,323
II......................................  Southeast Atlantic gillnet........               779               357
II......................................  Atlantic blue crab trap/pot.......            10,008             8,557
II......................................  Northeast Anchored Float Gillnet..               414               421
II......................................  Northeast Mid Water Trawl                        887             1,103
                                           (including pair trawl).
II......................................  Mid Atlantic Mid Water Trawl                     669               322
                                           (including pair trawl and flynet).
II......................................  Mid Atlantic Beach Haul Seine.....               874               565
II......................................  Northeast Bottom Trawl............             2,584             2,987
II......................................  Virginia Pound Net................               231                67
II......................................  Northeast Drift Gillnet...........               414               311
II......................................  Atlantic Mixed Species Trap/Pot...             3,526             3,467
II......................................  Mid Atlantic Bottom Trawl.........             1,388               631
II......................................  Chesapeake Bay Inshore Gillnet....             3,328             1,126
II......................................  Mid Atlantic Menhaden Purse Seine.                56                 5
III.....................................  Atlantic Shellfish Bottom Trawl...               >86               >58
III.....................................  Gulf of Maine Atlantic Herring                    >6                >7
                                           Purse Seine.
III.....................................  Northeast, Mid-Atlantic Bottom                >1,281            >1,207
                                           Longline/Hook & Line.
III.....................................  Gulf of Maine, U.S. Mid-Atlantic                >230              >403
                                           Sea Scallop Dredge.
III.....................................  Gulf of Maine herring and Atlantic           Unknown                >1
                                           mackerel stop seine/weir.
III.....................................  Gulf of Maine, U.S. Mid-Atlantic                >403               428
                                           tuna, shark swordfish hook-and-
                                           line/harpoon.
----------------------------------------------------------------------------------------------------------------


[[Page 23718]]

List of Species or Stocks Incidentally Killed or Injured

    NMFS proposes the following additions and deletions from the list 
of marine mammal species and stocks incidentally killed or injured in 
commercial fisheries in the Atlantic, Gulf of Mexico, and Caribbean 
found in Table 2 of the LOF. These additions and deletions are based on 
information contained in the U.S. Atlantic and Gulf of Mexico Marine 
Mammal Stock Assessments, strandings data, and/or observer data. The 
agency notes here that while only ``serious injuries'' and mortalities 
are used to categorize fisheries as Category I, II, or III, the list of 
species or stocks incidentally killed or injured includes stocks that 
have any documented injuries, including ``non-serious'' injuries. For 
information on how NMFS determines whether a particular injury is 
serious or non-serious, please see NMFS Instruction 02-038-01, 
``Process for Distinguishing Serious from Non-Serious Injury of Marine 
Mammals'' (http://www.nmfs.noaa.gov/pr/laws/mmpa/policies.htm). NMFS 
proposes the following updates:
    NMFS proposes two changes to the ``Atlantic Ocean, Caribbean, Gulf 
of Mexico large pelagic longline'' fishery. NMFS proposes to remove 
bottlenose dolphin (Northern Gulf of Mexico continental shelf stock) 
and to remove Gervais beaked whales (Gulf of Mexico oceanic stock) from 
the list of marine mammal stocks incidentally injured or killed in the 
fishery. There have been no documented injuries or mortalities of the 
stocks in this fishery over the last five years.
    NMFS proposes to remove bottlenose dolphin (Eastern Gulf of Mexico 
coastal stock) from the list of marine mammal stocks incidentally 
injured or killed in the ``Gulf of Mexico gillnet'' fishery. There have 
been no documented injuries or mortalities of the stock in this fishery 
over the last five years. Additionally, this stock's distribution and 
fishery effort no longer overlap.
    NMFS proposes to remove Atlantic spotted dolphins (Western North 
Atlantic stock) from the list of marine mammal stocks incidentally 
injured or killed in the ``Southeastern U.S. Atlantic shark gillnet'' 
fishery. There have been no documented injuries or mortalities to the 
stock by this fishery over the last five years.
    NMFS proposes to remove bottlenose dolphins (Eastern Gulf of Mexico 
coastal stock) from the list of marine mammal stocks incidentally 
injured or killed in the ``Gulf of Mexico menhaden purse seine'' 
fishery. There have been no documented injuries or mortalities to the 
stock by this fishery over the last five years. Additionally, this 
stock's distribution and fishery effort no longer overlap.
    NMFS proposes to remove dwarf sperm whales (Western North Atlantic 
stock) from the list of marine mammal stocks incidentally injured or 
killed in the ``Caribbean gillnet'' fishery. There have been no 
documented injuries or mortalities to the stock by this fishery over 
the last five years.
    NMFS proposes to add bottlenose dolphin (Southern South Carolina/
Georgia coastal stock) to the ``Georgia cannonball jellyfish trawl'' 
fishery based on observed mortalities in April 2011 and March 2012. The 
potential biological removal level and the total annual human-caused 
mortality and serious injury for this stock is currently unknown 
(Waring et al. 2012).
    NMFS proposes to add minke whales (Canadian East Coast stock) to 
the list of species incidentally killed or injured in the Category II 
``Northeast bottom trawl'' fishery based on observed mortalities of 
minke whales reported in 2004 (one animal) and 2008 (two animals).
    NMFS proposes to add Risso's dolphins (Western North Atlantic 
stock) to the list of species incidentally killed or injured in the 
Category I ``Mid-Atlantic gillnet'' fishery. The 2006-2010 average 
annual mortality and serious injury estimate for this fishery is 6.4 
animals per year (Waring et al. 2012b).
    NMFS proposes to add long-finned pilot whales (Western North 
Atlantic stock) and short-finned pilot whales (Western North Atlantic 
stock) to the list of species incidentally killed or injured in the 
Category I ``Northeast sink gillnet'' fishery based on the observed 
take of one pilot whale (species unknown) in 2010. The average annual 
mortality and serious injury of pilot whales in this fishery is unknown 
at this time (Waring et al. 2012a).
    NMFS proposes to add common dolphins (Western North Atlantic stock) 
to the list of species incidentally killed or injured in the Category 
II ``Northeast mid-water trawl'' fishery. Common dolphin mortality was 
observed in this fishery in 2010 (Waring et al. 2012b) and in 2012. An 
expanded annual mortality and serious injury estimate for this fishery 
has not yet been calculated (Waring et al. 2012b).
    NMFS proposes to add gray seals (Western North Atlantic stock) to 
the list of species incidentally killed or injured in the Category II 
``Northeast mid-water trawl'' fishery. One gray seal mortality was 
observed in this fishery in March 2012. An expanded annual mortality 
and injury rate for this fishery has not yet been generated (Waring et 
al. 2012b).
    NMFS proposes to add gray seals (Western North Atlantic stock) to 
the list of species incidentally killed or injured in the Category II 
``Mid-Atlantic bottom trawl'' fishery. Two gray seal mortalities were 
observed in July 2011. An expanded annual mortality and injury rate for 
this fishery has not yet been generated.

Commercial Fisheries on the High Seas

Number of Vessels/Persons

    NMFS proposes to update the estimated number of HSFCA permits in 
multiple high seas fisheries for multiple gear types (Table 3). The 
proposed updated numbers of HSFCA permits reflect the current number of 
permits in the NMFS National Permit System database.

----------------------------------------------------------------------------------------------------------------
                                                                                                 Number of HSFCA
                                                                               Number of HSFCA       permits
                Category                           High seas fishery           permits  (final   (proposed 2013
                                                                                  2012 LOF)           LOF)
----------------------------------------------------------------------------------------------------------------
I.......................................  Atlantic Highly Migratory Species                 81                79
                                           Longline.
II......................................  Atlantic HMS Drift Gillnet........                 1                 2
II......................................  Pacific HMS Drift Gillnet.........                 3                 4
II......................................  Atlantic HMS Trawl................                 3                 5
II......................................  Western Pacific Pelagic Trawl.....                 1                 0
II......................................  South Pacific Tuna Purse Seine....                33                38
II......................................  South Pacific Tuna Longline.......                11                10
II......................................  Pacific HMS Handline/Pole and Line                30                40
II......................................  South Pacific Albacore Handline/                   8                 7
                                           Pole and Line.
II......................................  Western Pacific Pelagic Handline/                  8                 6
                                           Pole and Line.

[[Page 23719]]

 
II......................................  Atlantic HMS Troll................                 7                 5
II......................................  South Pacific Albacore Troll......                51                36
II......................................  Western Pacific Pelagic Troll.....                32                22
III.....................................  Pacific HMS Longline..............                84                96
III.....................................  Pacific HMS Purse Seine...........                 7                 6
III.....................................  Pacific HMS Troll.................               258               263
----------------------------------------------------------------------------------------------------------------

List of Species or Stocks Incidentally Killed or Injured in High Seas 
Fisheries (Table 3)

    NMFS proposes to update the list of species or stocks incidentally 
killed or injured by fisheries in High Seas Fisheries (provided in 
Table 3). The agency notes here that while only ``serious injuries'' 
and mortalities are used to categorize fisheries as Category I, II, or 
III, the list of species or stocks incidentally killed or injured 
includes stocks that have any documented injuries, including ``non-
serious'' injuries. For information on how NMFS determines whether a 
particular injury is serious or non-serious, please see NMFS 
Instruction 02-038-01, ``Process for Distinguishing Serious from Non-
Serious Injury of Marine Mammals'' (http://www.nmfs.noaa.gov/pr/laws/mmpa/policies.htm). NMFS proposes the following updates:
    NMFS proposes to remove humpback whales (Central North Pacific 
stock) and Blainville's beaked whales (Hawaiian and unknown stocks) 
from the list of species and stocks incidentally killed or injured in 
the ``Western Pacific Pelagic (HI Deep-set component)'' fishery, to be 
consistent with the Table 1 recommendations above. As noted on the 2012 
LOF, this high seas fishery is an extension/component of the existing 
``Hawaii deep-set longline'' fishery operating within U.S. waters, 
listed on Table 1. The marine mammal species or stocks listed as killed 
or injured in the fishery on Table 3 have either been observed taken by 
the fishery on the high seas, or are included so that the list is 
identical to the list of species or stocks killed or injured in the 
U.S. waters component of the fishery (on Table 1) because the high seas 
component of the fishery poses the same risk to marine mammals as the 
component operating in U.S. waters. Thus, NMFS proposes to remove these 
stocks from the list of species/stocks injured or killed in the high 
seas component of the fishery, to be consistent with the list of 
species/stocks in the U.S. waters component of the fishery.
    NMFS proposes to remove Bryde's whales (Hawaiian and unknown 
stocks) and add short-finned pilot whales (Hawaiian and unknown stocks) 
to the list of species and stocks incidentally killed or injured in the 
``Western Pacific Pelagic (HI Shallow-set component)'' fishery, to be 
consistent with the Table 1 recommendations above. As noted on the 2012 
LOF, this high seas fishery is an extension/component of the existing 
``Hawaii shallow-set longline'' fishery operating within U.S. waters, 
listed on Table 1. The marine mammal species or stocks listed as killed 
or injured in the fishery on Table 3 have either been observed taken by 
the fishery on the high seas, or are included so that the list is 
identical to the list of species or stocks killed or injured in the 
U.S. waters component of the fishery (on Table 1), because the high 
seas component of the fishery poses the same risk to marine mammals as 
the component operating in U.S. waters. Additionally, as noted in the 
2012 LOF, NMFS included ``unknown'' stocks of the species observed 
taken on the high seas to acknowledge that, since stock boundaries are 
undefined on the high seas, the fishery may be interacting with 
unknown, undefined stocks beyond the range of the Hawaii pelagic 
stocks. Therefore, NMFS proposes to remove Bryde's whales (Hawaiian and 
unknown stocks) and add short-finned pilot whales (Hawaiian and unknown 
stocks) to the list of species/stocks injured or killed in the high 
seas component of the fishery to be consistent with the list of 
species/stocks injured or killed in the U.S. waters component of the 
fishery.

Fisheries Affected by Take Reduction Teams and Plans

    NMFS proposes to update the list of fisheries affected by take 
reduction teams and plans found in Table 4 of the LOF.
    In the Atlantic, Gulf of Mexico, and Caribbean region, two updates 
are proposed: The Atlantic portion of the ``Southeastern U.S. Atlantic, 
Gulf of Mexico shrimp trawl fishery'' is subject to the Bottlenose 
Dolphin Take Reduction Plan (BDTRP), and the ``Chesapeake Bay inshore 
gillnet fishery'' is also subject to the BDTRP. The ``Southeastern U.S. 
Atlantic, Gulf of Mexico shrimp trawl fishery'' was reclassified to 
Category II in the 2011 LOF. The Atlantic portion of this fishery is 
known to interact with the Bottlenose dolphin, South Carolina/Georgia 
coastal stock. This stock is strategic and managed under the BDTRP. For 
that reason, this fishery will be included within the scope of the 
BDTRP. The ``Chesapeake Bay inshore gillnet fishery'' utilizes a gear 
type that is known to cause serious injury and mortality to bottlenose 
dolphins. This fishery has the potential for interacting with three 
bottlenose dolphin stocks (Southern migratory coastal, Northern 
migratory coastal, and Northern North Carolina estuarine) managed under 
the BDTRP. For these reasons, this fishery will be included within the 
scope of the BDTRP.
    In the Pacific Ocean region, the False Killer Whale Take Reduction 
Plan final rule and implementing regulations were published in the 
Federal Register on November 29, 2012 (77 FR 71260). Therefore, NMFS 
proposes to add ``False Killer Whale Take Reduction Plan (FKWTRP)--50 
CFR 229.37'' to the list of take reduction plans. Affected fisheries 
include the Category I ``Hawaii deep-set (tuna target) longline/set 
line'' and Category II ``Hawaii shallow-set (swordfish target) 
longline/set line'' fisheries.

List of Fisheries

    The following tables set forth the proposed 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/persons 
participating in fisheries operating within U.S. waters is expressed in 
terms of the number of active participants in the fishery, when

[[Page 23720]]

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/persons in the fishery. 
NMFS acknowledges that, in some cases, these estimations may be 
inflations of actual effort, such as for many of the Mid-Atlantic and 
New England fisheries. However, in these cases, the numbers represent 
the potential effort for each fishery, given the multiple gear types 
several state permits may allow for. 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. Table 1 and 2 serve to 
provide a description of the fishery's potential effort (state and 
Federal). If NMFS is able to extract more accurate information on the 
gear types used by state permit holders in the future, the numbers will 
be updated to reflect this change. For additional information on 
fishing effort in fisheries found on Table 1 or 2, NMFS refers the 
reader to contact the relevant regional office (contact information 
included above in SUPPLEMENTARY INFORMATION).
    For high seas fisheries, Table 3 lists the number of currently 
valid HSFCA permits 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.
    Tables 1, 2, and 3 also list the marine mammal species or stocks 
incidentally killed or injured in each fishery based on observer data, 
logbook data, stranding reports, disentanglement network data, and MMAP 
reports. This list includes all species or stocks known to be injured 
or killed in a given fishery but also includes species or stocks for 
which there are anecdotal records of an injury or mortality. 
Additionally, species identified by logbook entries, stranding data, or 
fishermen self-reports (i.e., MMAP reports) may not be verified. In 
Tables 1 and 2, NMFS has designated those stocks driving a fishery's 
classification (i.e., the fishery is classified based on serious 
injuries and mortalities of a marine mammal stock that are greater than 
50 percent [Category I], or greater than 1 percent and less than 50 
percent [Category II], of a stock's PBR) by a ``\1\'' after the stock's 
name.
    In Tables 1 and 2, there are several fisheries classified as 
Category II that have no recent documented injuries or mortalities of 
marine mammals, or fisheries that did not result in a serious injury or 
mortality rate greater than 1 percent of a stock's PBR level based on 
known interactions. NMFS has classified these fisheries by analogy to 
other Category I or II fisheries that use similar fishing techniques or 
gear that are known to cause mortality or serious injury of marine 
mammals, as discussed in the final LOF for 1996 (60 FR 67063, December 
28, 1995), and according to factors listed in the definition of a 
``Category II fishery'' in 50 CFR 229.2 (i.e., fishing techniques, gear 
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). NMFS has designated those fisheries listed by analogy in 
Tables 1 and 2 by a `` \2\'' after the fishery's name.
    There are several fisheries in Tables 1, 2, and 3 in which a 
portion of the fishing vessels cross the EEZ boundary and therefore 
operate both within U.S. waters and on the high seas. These fisheries, 
though listed separately between Table 1 or 2 and Table 3, are 
considered the same fishery on either side of the EEZ boundary. NMFS 
has designated those fisheries in each table by a ``*'' after the 
fishery's name.

  Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
                                                        Marine mammal
                                       Estimated      species and stocks
       Fishery description             number of         incidentally
                                    vessels/persons   killed or injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:
    HI deep-set (tuna target)                   129  Bottlenose dolphin,
     longline/set line                                HI Pelagic.
     *[supcaret].                                    False killer whale,
                                                      HI Insular.\1\
                                   ................  False killer whale,
                                                      HI Pelagic.\1\
                                   ................  False killer whale,
                                                      Palmyra Atoll.
                                   ................  Pantropical spotted
                                                      dolphin, HI.
                                   ................  Risso's dolphin,
                                                      HI.
                                   ................  Short-finned pilot
                                                      whale, HI.
                                   ................  Striped dolphin,
                                                      HI.
GILLNET FISHERIES:
    CA thresher shark/swordfish                  25  Bottlenose dolphin,
     drift gillnet (>=14 in mesh)                     CA/OR/WA offshore.
     *.                                              California sea
                                                      lion, U.S.
                                   ................  Humpback whale, CA/
                                                      OR/WA.
                                   ................  Long-beaked common
                                                      dolphin, CA.
                                   ................  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.
                                   ................  Sperm Whale, CA/OR/
                                                      WA.\1\
------------------------------------------------------------------------
                               CATEGORY II
------------------------------------------------------------------------
GILLNET FISHERIES:
    CA halibut/white seabass and                 50  California sea
     other species set gillnet                        lion, U.S.
     (>3.5 in mesh).                                 Harbor seal, CA.
                                   ................  Humpback whale, CA/
                                                      OR/WA.\1\
                                   ................  Long-beaked common
                                                      dolphin, CA.

[[Page 23721]]

 
                                   ................  Northern elephant
                                                      seal, CA breeding.
                                   ................  Sea otter, CA.
                                   ................  Short-beaked common
                                                      dolphin, CA/OR/WA.
    CA yellowtail, barracuda, and                30  California sea
     white seabass drift gillnet                      lion, U.S.
     (mesh size >=3.5 in and <14                     Long-beaked common
     in) \2\.                                         dolphin, CA.
                                                     Short-beaked common
                                                      dolphin, CA/OR/WA.
    AK Bristol Bay salmon drift               1,863  Beluga whale,
     gillnet \2\.                                     Bristol Bay.
                                   ................  Gray whale, Eastern
                                                      North Pacific.
                                   ................  Harbor seal, Bering
                                                      Sea.
                                   ................  Northern fur seal,
                                                      Eastern Pacific.
                                   ................  Pacific white-sided
                                                      dolphin, North
                                                      Pacific.
                                   ................  Spotted seal, AK.
                                   ................  Steller sea lion,
                                                      Western U.S.
    AK Bristol Bay salmon set                   982  Beluga whale,
     gillnet \2\.                                     Bristol Bay.
                                   ................  Gray whale, Eastern
                                                      North Pacific.
                                   ................  Harbor seal, Bering
                                                      Sea.
                                   ................  Northern fur seal,
                                                      Eastern Pacific.
                                   ................  Spotted seal, AK.
    AK Kodiak salmon set gillnet.               188  Harbor porpoise,
                                                      GOA.\1\
                                   ................  Harbor seal, GOA.
                                   ................  Sea otter,
                                                      Southwest AK.
                                   ................  Steller sea lion,
                                                      Western U.S.
    AK Cook Inlet salmon set                    738  Beluga whale, Cook
     gillnet.                                         Inlet.
                                   ................  Dall's porpoise,
                                                      AK.
                                   ................  Harbor porpoise,
                                                      GOA.
                                   ................  Harbor seal, GOA.
                                   ................  Humpback whale,
                                                      Central North
                                                      Pacific.\1\
                                   ................  Steller sea lion,
                                                      Western U.S.
    AK Cook Inlet salmon drift                  569  Beluga whale, Cook
     gillnet.                                         Inlet.
                                   ................  Dall's porpoise,
                                                      AK.
                                   ................  Harbor porpoise,
                                                      GOA.\1\
                                   ................  Harbor seal, GOA.
                                   ................  Steller sea lion,
                                                      Western U.S.
    AK Peninsula/Aleutian Islands               162  Dall's porpoise,
     salmon drift gillnet \2\.                        AK.
                                   ................  Harbor porpoise,
                                                      GOA.
                                   ................  Harbor seal, GOA.
                                   ................  Northern fur seal,
                                                      Eastern Pacific.
    AK Peninsula/Aleutian Islands               114  Harbor porpoise,
     salmon set gillnet \2\.                          Bering Sea.
                                                     Steller sea lion,
                                                      Western U.S.
    AK Prince William Sound                     537  Dall's porpoise,
     salmon drift gillnet.                            AK.
                                   ................  Harbor porpoise,
                                                      GOA.\1\
                                   ................  Harbor seal, GOA.
                                   ................  Northern fur seal,
                                                      Eastern Pacific.
                                   ................  Pacific white-sided
                                                      dolphin, North
                                                      Pacific.
                                   ................  Sea otter, South
                                                      Central AK.
                                   ................  Steller sea lion,
                                                      Western U.S.\1\
    AK Southeast salmon drift                   474  Dall's porpoise,
     gillnet.                                         AK.
                                   ................  Harbor porpoise,
                                                      Southeast AK.
                                   ................  Harbor seal,
                                                      Southeast AK.
                                   ................  Humpback whale,
                                                      Central North
                                                      Pacific.\1\
                                   ................  Pacific white-sided
                                                      dolphin, North
                                                      Pacific.
                                   ................  Steller sea lion,
                                                      Eastern U.S.
    AK Yakutat salmon set gillnet               167  Gray whale, Eastern
     \2\.                                             North Pacific.
                                   ................  Harbor Porpoise,
                                                      Southeastern AK.
                                   ................  Harbor seal,
                                                      Southeast AK.
                                   ................  Humpback whale,
                                                      Central North
                                                      Pacific (Southeast
                                                      AK).
    WA Puget Sound Region salmon                210  Dall's porpoise, CA/
     drift gillnet (includes all                      OR/WA.
     inland waters south of US-                      Harbor porpoise,
     Canada border and eastward                       inland WA.\1\
     of the Bonilla-Tatoosh line-                    Harbor seal, WA
     Treaty Indian fishing is                         inland.
     excluded).
PURSE SEINE FISHERIES:
    AK Cook Inlet salmon purse                   82  Humpback whale,
     seine.                                           Central North
                                                      Pacific.\1\
    AK Kodiak salmon purse seine.               379  Humpback whale,
                                                      Central North
                                                      Pacific.\1\
TRAWL FISHERIES:
    AK Bering Sea, Aleutian                      34  Bearded seal, AK.
     Islands flatfish trawl.                         Gray whale, Eastern
                                                      North Pacific.
                                   ................  Harbor porpoise,
                                                      Bering Sea.
                                   ................  Harbor seal, Bering
                                                      Sea.
                                   ................  Humpback whale,
                                                      Western North
                                                      Pacific.\1\
                                   ................  Killer whale, AK
                                                      resident.\1\

[[Page 23722]]

 
                                   ................  Killer whale, GOA,
                                                      AI, BS
                                                      transient.\1\
                                   ................  Northern fur seal,
                                                      Eastern Pacific.
                                   ................  Ringed seal, AK.
                                   ................  Ribbon seal, AK.
                                   ................  Spotted seal, AK.
                                   ................  Steller sea lion,
                                                      Western U.S.\1\
                                   ................  Walrus, AK.
    AK Bering Sea, Aleutian                      95  Bearded Seal, AK.
     Islands pollock trawl.
                                   ................  Dall's porpoise,
                                                      AK.
                                   ................  Harbor seal, AK.
                                   ................  Humpback whale,
                                                      Central North
                                                      Pacific.
                                   ................  Humpback whale,
                                                      Western North
                                                      Pacific.
                                   ................  Northern fur seal,
                                                      Eastern Pacific.
                                   ................  Ribbon seal, AK.
                                   ................  Ringed seal, AK.
                                   ................  Spotted seal, AK.
                                   ................  Steller sea lion,
                                                      Western U.S.\1\
    Bering Sea, Aleutian Islands                 28  Killer whale, ENP
     rockfish trawl.                                  AK resident.\1\
                                                     Killer whale, GOA,
                                                      AI, BS transient
                                                      \1\
POT, RING NET, AND TRAP
 FISHERIES:
    CA spot prawn pot............                27  Gray whale, Eastern
                                                      North Pacific.
                                                     Humpback whale, CA/
                                                      OR/WA.\1\
    CA Dungeness crab pot........               534  Gray whale, Eastern
                                                      North Pacific.
                                                     Humpback whale, CA/
                                                      OR/WA.\1\
    OR Dungeness crab pot........               433  Gray whale, Eastern
                                                      North Pacific.
                                                     Humpback whale, CA/
                                                      OR/WA \1\
    WA/OR/CA sablefish pot.......               309  Humpback whale, CA/
                                                      OR/WA.\1\
    WA coastal Dungeness crab pot/              228  Gray whale, Eastern
     trap.                                            North Pacific.
                                                     Humpback whale, CA/
                                                      OR/WA.\1\
LONGLINE/SET LINE FISHERIES:
    HI shallow-set (swordfish                    20  Bottlenose dolphin,
     target) longline/set line                        HI Pelagic.
     *[supcaret].
                                   ................  False killer whale,
                                                      HI Pelagic.\1\
                                   ................  Humpback whale,
                                                      Central North
                                                      Pacific.
                                   ................  Kogia sp. whale
                                                      (Pygmy or dwarf
                                                      sperm whale), HI.
                                   ................  Risso's dolphin,
                                                      HI.
                                   ................  Short-finned pilot
                                                      whale, HI.
                                   ................  Striped dolphin,
                                                      HI.
    American Samoa longline \2\..                24  False killer whale,
                                                      American Samoa.
                                                     Rough-toothed
                                                      dolphin, American
                                                      Samoa.
    HI shortline \2\.............                11  None documented.
------------------------------------------------------------------------
                              CATEGORY III
------------------------------------------------------------------------
GILLNET FISHERIES:
    AK Kuskokwim, Yukon, Norton                1702  Harbor porpoise,
     Sound, Kotzebue salmon                           Bering Sea.
     gillnet.
    AK miscellaneous finfish set                  3  Steller sea lion,
     gillnet.                                         Western U.S.
    AK Prince William Sound                      30  Harbor seal, GOA.
     salmon set gillnet.                             Steller sea lion,
                                                      Western U.S.
    AK roe herring and food/bait                990  None documented.
     herring gillnet.
    CA set gillnet (mesh size                   304  None documented.
     <3.5 in).
    HI inshore gillnet...........                36  Bottlenose dolphin,
                                                      HI.
                                                     Spinner dolphin,
                                                      HI.
    WA Grays Harbor salmon drift                 24  Harbor seal, OR/WA
     gillnet (excluding treaty                        coast.
     Tribal fishing).
    WA/OR herring, smelt, shad,                 913  None documented.
     sturgeon, bottom fish,
     mullet, perch, rockfish
     gillnet.
    WA/OR lower Columbia River                  110  California sea
     (includes tributaries) drift                     lion, U.S.
     gillnet.                                        Harbor seal, OR/WA
                                                      coast.
    WA Willapa Bay drift gillnet.                82  Harbor seal, OR/WA
                                                      coast.
                                                     Northern elephant
                                                      seal, CA breeding.
PURSE SEINE, BEACH SEINE, ROUND
 HAUL, THROW NET AND TANGLE NET
 FISHERIES:
    AK Southeast salmon purse                   415  None documented in
     seine.                                           the most recent 5
                                                      years of data.
    AK Metlakatla salmon purse                   10  None documented.
     seine.
    AK miscellaneous finfish                      1  None documented.
     beach seine.
    AK miscellaneous finfish                      2  None documented.
     purse seine.
    AK octopus/squid purse seine.                 0  None documented.
    AK roe herring and food/bait                  6  None documented.
     herring beach seine.
    AK roe herring and food/bait                367  None documented.
     herring purse seine.

[[Page 23723]]

 
    AK salmon beach seine........                31  None documented.
    AK salmon purse seine                       935  Harbor seal, GOA.
     (excluding salmon purse
     seine fisheries listed as
     Category II).
    CA anchovy, mackerel, sardine                65  California sea
     purse seine.                                     lion, U.S.
                                                     Harbor seal, CA.
    CA squid purse seine.........                80  Long-beaked common
                                                      dolphin, CA.
                                                     Short-beaked common
                                                      dolphin, CA/OR/WA.
    CA tuna purse seine *........                10  None documented.
    WA/OR sardine purse seine....                42  None documented.
    WA (all species) beach seine                235  None documented.
     or drag seine.
    WA/OR herring, smelt, squid                 130  None documented.
     purse seine or lampara.
    WA salmon purse seine........               440  None documented.
    WA salmon reef net...........                53  None documented.
    HI opelu/akule net...........                22  None documented.
    HI inshore purse seine.......                <3  None documented.
    HI throw net, cast net.......                29  None documented.
    HI hukilau net...............                26  None documented.
    HI lobster tangle net........                 0  None documented.
DIP NET FISHERIES:
    CA squid dip net.............               115  None documented.
    WA/OR smelt, herring dip net.               119  None documented.
MARINE AQUACULTURE FISHERIES:
    CA marine shellfish                     unknown  None documented.
     aquaculture.
    CA salmon enhancement rearing                >1  None documented.
     pen.
    CA white seabass enhancement                 13  California sea
     net pens.                                        lion, U.S.
    HI offshore pen culture......                 2  None documented.
    OR salmon ranch..............                 1  None documented.
    WA/OR salmon net pens........                14  California sea
                                                      lion, U.S.
                                                     Harbor seal, WA
                                                      inland waters.
TROLL FISHERIES:
    AK North Pacific halibut, AK     1,320 (120 AK)  None documented.
     bottom fish, WA/OR/CA
     albacore, groundfish, bottom
     fish, CA halibut non-
     salmonid troll fisheries.*
    AK salmon troll..............             2,008  Steller sea lion,
                                                      Eastern U.S.
                                                     Steller sea lion,
                                                      Western U.S.
    American Samoa tuna troll....                 7  None documented.
    CA/OR/WA salmon troll........             4,300  None documented.
    HI trolling, rod and reel....             1,560  Pantropical spotted
                                                      dolphin, HI
    Commonwealth of the Northern                 40  None documented.
     Mariana Islands tuna troll.
    Guam tuna troll..............               432  None documented.
LONGLINE/SET LINE FISHERIES:
    AK Bering Sea, Aleutian                     154  Dall's Porpoise,
     Islands Pacific cod longline.                    AK.
                                                     Northern fur seal,
                                                      Eastern Pacific.
    AK Bering Sea, Aleutian                       0  None documented.
     Islands rockfish longline.
    AK Bering Sea, Aleutian                      36  Killer whale, AK
     Islands Greenland turbot                         resident.
     longline.
    AK Bering Sea, Aleutian                      28  None documented.
     Islands sablefish longline.
    AK Gulf of Alaska halibut                 1,302  None documented.
     longline.
    AK Gulf of Alaska Pacific cod               107  Steller sea lion,
     longline.                                        Western U.S.
    AK Gulf of Alaska rockfish                    0  None documented.
     longline.
    AK Gulf of Alaska sablefish                 291  Sperm whale, North
     longline.                                        Pacific.
    AK halibut longline/set line              2,280  None documented in
     (State and Federal waters).                      the most recent 5
                                                      years of data.
    AK octopus/squid longline....                 2  None documented.
    AK State-managed waters                   1,323  None documented.
     longline/setline (including
     sablefish, rockfish,
     lingcod, and miscellaneous
     finfish).
    WA/OR/CA groundfish,                        367  Bottlenose dolphin,
     bottomfish longline/set line.                    CA/OR/WA offshore.
    WA/OR North Pacific halibut                 350  None documented.
     longline/set line.
    CA pelagic longline..........                 6  None documented in
                                                      the most recent 5
                                                      years of data.
    HI kaka line.................                17  None documented.
    HI vertical longline.........                 9  None documented.
TRAWL FISHERIES:
    AK Bering Sea, Aleutian                       9  Ribbon seal, AK.
     Islands Atka mackerel trawl.                    Steller sea lion,
                                                      Western U.S.
    AK Bering Sea, Aleutian                      93  Steller sea lion,
     Islands Pacific cod trawl.                       Western U.S.
    AK Gulf of Alaska flatfish                   41  Northern elephant
     trawl.                                           seal, NP.
    AK Gulf of Alaska Pacific cod                62  Steller sea lion,
     trawl.                                           Western U.S.
    AK Gulf of Alaska pollock                    62  Dall's porpoise,
     trawl.                                           AK.
                                   ................  Fin whale,
                                                      Northeast Pacific.
                                   ................  Northern elephant
                                                      seal, North
                                                      Pacific.

[[Page 23724]]

 
                                   ................  Steller sea lion,
                                                      Western U.S.
    AK Gulf of Alaska rockfish                   34  None documented.
     trawl.
    AK food/bait herring trawl...                 4  None documented.
    AK miscellaneous finfish                    282  None documented.
     otter/beam trawl.
    AK shrimp otter trawl and                    33  None documented.
     beam trawl (statewide and
     Cook Inlet).
    AK State-managed waters of                    2  None documented.
     Cook Inlet, Kachemak Bay,
     Prince William Sound,
     Southeast AK groundfish
     trawl.
    CA halibut bottom trawl......                53  None documented.
    WA/OR/CA shrimp trawl........               300  None documented.
    WA/OR/CA groundfish trawl....           160-180  California sea
                                                      lion, U.S.
                                   ................  Dall's porpoise, CA/
                                                      OR/WA.
                                   ................  Harbor seal, OR/WA
                                                      coast.
                                   ................  Northern fur seal,
                                                      Eastern Pacific.
                                   ................  Pacific white-sided
                                                      dolphin, CA/OR/WA.
                                   ................  Steller sea lion,
                                                      Eastern U.S.
POT, RING NET, AND TRAP
 FISHERIES:
    AK statewide miscellaneous                  243  None documented.
     finfish pot.
    AK Aleutian Islands sablefish                 8  None documented.
     pot.
    AK Bering Sea, Aleutian                      68  None documented.
     Islands Pacific cod pot.
    AK Bering Sea, Aleutian                     296  None documented.
     Islands crab pot.
    AK Bering Sea sablefish pot..                 6  None documented.
    AK Gulf of Alaska crab pot...               389  None documented.
    AK Gulf of Alaska Pacific cod               154  Harbor seal, GOA.
     pot.
    AK Southeast Alaska crab pot.               415  Humpback whale,
                                                      Central North
                                                      Pacific (Southeast
                                                      AK).
    AK Southeast Alaska shrimp                  274  Humpback whale,
     pot.                                             Central North
                                                      Pacific (Southeast
                                                      AK).
    AK shrimp pot, except                       210  None documented.
     Southeast.
    AK octopus/squid pot.........                26  None documented.
    AK snail pot.................                 1  None documented.
    CA coonstripe shrimp, rock                  305  Gray whale, Eastern
     crab, tanner crab pot or                         North Pacific.
     trap.                                           Harbor seal, CA
    CA spiny lobster.............               225  Gray whale, Eastern
                                                      North Pacific.
    OR/CA hagfish pot or trap....                54  None documented.
    WA/OR shrimp pot/trap........               254  None documented.
    WA Puget Sound Dungeness crab               249  None documented.
     pot/trap.
    HI crab trap.................                 9  None documented.
    HI fish trap.................                 9  None documented.
    HI lobster trap..............                <3  Hawaiian monk seal.
    HI shrimp trap...............                 4  None documented.
    HI crab net..................                 6  None documented.
    HI Kona crab loop net........                48  None documented.
HANDLINE AND JIG FISHERIES:
    AK miscellaneous finfish                    456  None documented.
     handline/hand troll and
     mechanical jig.
    AK North Pacific halibut                    180  None documented.
     handline/hand troll and
     mechanical jig.
    AK octopus/squid handline....                 0  None documented.
    American Samoa bottomfish....                12  None documented.
    Commonwealth of the Northern                 28  None documented.
     Mariana Islands bottomfish.
    Guam bottomfish..............              >300  None documented.
    HI aku boat, pole, and line..                 3  None documented.
    HI Main Hawaiian Islands deep-              567  Hawaiian monk seal.
     sea bottomfish handline.
    HI inshore handline..........               378  None documented.
    HI tuna handline.............               459  None documented.
    WA groundfish, bottomfish jig               679  None documented.
    Western Pacific squid jig....                <3  None documented.
HARPOON FISHERIES:
    CA swordfish harpoon.........                30  None documented.
POUND NET/WEIR FISHERIES:
    AK herring spawn on kelp                    411  None documented.
     pound net.
    AK Southeast herring roe/food/                4  None documented.
     bait pound net.
    WA herring brush weir........                 1  None documented.
    HI bullpen trap..............                <3  None documented.
BAIT PENS:
    WA/OR/CA bait pens...........                13  California sea
                                                      lion, U.S.
DREDGE FISHERIES:
    Coastwide scallop dredge.....       108 (12 AK)  None documented.
DIVE, HAND/MECHANICAL COLLECTION
 FISHERIES:
    AK abalone...................                 0  None documented.

[[Page 23725]]

 
    AK clam......................               156  None documented.
    WA herring spawn on kelp.....                 4  None documented.
    AK Dungeness crab............                 2  None documented.
    AK herring spawn on kelp.....               266  None documented.
    AK urchin and other fish/                   521  None documented.
     shellfish.
    CA abalone...................                 0  None documented.
    CA sea urchin................               583  None documented.
    HI black coral diving........                <3  None documented.
    HI fish pond.................                16  None documented.
    HI handpick..................                57  None documented.
    HI lobster diving............                29  None documented.
    HI spearfishing..............               143  None documented.
    WA/CA kelp...................                 4  None documented.
    WA/OR sea urchin, other clam,               637  None documented.
     octopus, oyster, sea
     cucumber, scallop, ghost
     shrimp hand, dive, or
     mechanical collection.
    WA shellfish aquaculture.....               684  None documented.
COMMERCIAL PASSENGER FISHING
 VESSEL (CHARTER BOAT) FISHERIES:
    AK/WA/OR/CA commercial            >7,000 (2,702  Killer whale, stock
     passenger fishing vessel.                  AK)   unknown.
                                                     Steller sea lion,
                                                      Eastern U.S.
                                   ................  Steller sea lion,
                                                      Western U.S.
    HI charter vessel............               114  Pantropical spotted
                                                      dolphin, HI.
LIVE FINFISH/SHELLFISH FISHERIES:
    CA nearshore finfish live                    93  None documented.
     trap/hook-and-line.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1: AK--Alaska; CA--
  California; GOA--Gulf of Alaska; HI--Hawaii; OR--Oregon; WA--
  Washington; \1\Fishery classified based on serious injuries and
  mortalities of this stock, which are greater than 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; [supcaret] The list
  of marine mammal species or stocks killed or injured in this fishery
  is identical to the list of species or stocks killed or injured in
  high seas component of the fishery, minus species or stocks have
  geographic ranges exclusively on the high seas. The species or stocks
  are found, and the fishery remains the same, on both sides of the EEZ
  boundary. Therefore, the EEZ components of these fisheries pose the
  same risk to marine mammals as the components operating on the high
  seas.


 Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
                      Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
                                                        Marine mammal
                                   Estimated number   species and stocks
       Fishery description            of vessels/    incidentally killed
                                        persons          or  injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
GILLNET FISHERIES:
    Mid-Atlantic gillnet.........             5,509  Bottlenose dolphin,
                                                      Northern Migratory
                                                      coastal.\1\
                                                     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.
                                                     Long-finned pilot
                                                      whale, WNA.
                                                     Minke whale,
                                                      Canadian east
                                                      coast.
                                                     Risso's dolphin,
                                                      WNA.
                                                     Short-finned pilot
                                                      whale, WNA.
                                                     White-sided
                                                      dolphin, WNA.
    Northeast sink gillnet.......             4,375  Bottlenose dolphin,
                                                      WNA offshore.
                                                     Common dolphin,
                                                      WNA.
                                                     Fin whale, WNA.
                                                     Gray seal, WNA.
                                                     Harbor porpoise,
                                                      GME/BF.\1\
                                                     Harbor seal, WNA.
                                                     Harp seal, WNA.
                                                     Hooded seal, WNA.
                                                     Humpback whale,
                                                      Gulf of Maine.
                                                     Long-finned Pilot
                                                      whale, WNA.
                                                     Minke whale,
                                                      Canadian east
                                                      coast.
                                                     North Atlantic
                                                      right whale, WNA.

[[Page 23726]]

 
                                                     Risso's dolphin,
                                                      WNA.
                                                     Short-finned Pilot
                                                      whale, WNA.
                                                     White-sided
                                                      dolphin, WNA.
TRAP/POT FISHERIES:
    Northeast/Mid-Atlantic                   11,693  Harbor seal, WNA.
     American lobster trap/pot.
                                                     Humpback whale,
                                                      Gulf of Maine.
                                                     Minke whale,
                                                      Canadian east
                                                      coast.
                                                     North Atlantic
                                                      right whale,
                                                      WNA.\1\
LONGLINE FISHERIES:
    Atlantic Ocean, Caribbean,                  420  Atlantic spotted
     Gulf of Mexico large                             dolphin, GMX
     pelagics longline*                               continental and
                                                      oceanic.
                                                     Atlantic spotted
                                                      dolphin, WNA.
                                                     Bottlenose dolphin,
                                                      Northern GMX
                                                      oceanic.
                                                     Bottlenose dolphin,
                                                      WNA offshore.
                                                     Common dolphin,
                                                      WNA.
                                                     Cuvier's beaked
                                                      whale, WNA.
                                                     Killer whale, GMX
                                                      oceanic.
                                                     Long-finned pilot
                                                      whale, WNA.\1\
                                                     Mesoplodon beaked
                                                      whale, WNA.
                                                     Northern bottlenose
                                                      whale, WNA.
                                                     Pantropical spotted
                                                      dolphin, Northern
                                                      GMX.
                                                     Pantropical spotted
                                                      dolphin, WNA.
                                                     Risso's dolphin,
                                                      Northern GMX.
                                                     Risso's dolphin,
                                                      WNA.
                                                     Short-finned pilot
                                                      whale, Northern
                                                      GMX.
                                                     Short-finned pilot
                                                      whale, WNA.\1\
                                                     Sperm whale, GMX
                                                      oceanic.
------------------------------------------------------------------------
                               CATEGORY II
------------------------------------------------------------------------
GILLNET FISHERIES:
    Chesapeake Bay inshore                    1,126  None documented in
     gillnet \2\.                                     the most recent 5
                                                      years of data.
    Gulf of Mexico gillnet \2\...               724  Bottlenose dolphin,
                                                      GMX bay, sound,
                                                      and estuarine.
                                                     Bottlenose dolphin,
                                                      Northern GMX
                                                      coastal.
                                                     Bottlenose dolphin,
                                                      Western GMX
                                                      coastal.
    NC inshore gillnet...........             1,323  Bottlenose dolphin,
                                                      Northern NC
                                                      estuarine
                                                      system.\1\
                                                     Bottlenose dolphin,
                                                      Southern NC
                                                      estuarine
                                                      system.\1\
    Northeast anchored float                    421  Harbor seal, WNA.
     gillnet \2\.                                    Humpback whale,
                                                      Gulf of Maine.
                                                     White-sided
                                                      dolphin, WNA.
    Northeast drift gillnet \2\..               311  None documented.
    Southeast Atlantic gillnet                  357  Bottlenose dolphin,
     \2\.                                             Southern Migratory
                                                      coastal.
                                                     Bottlenose dolphin,
                                                      SC/GA coastal.
                                                     Bottlenose dolphin,
                                                      Central FL
                                                      coastal.
                                                     Bottlenose dolphin,
                                                      Northern FL
                                                      coastal.
    Southeastern U.S. Atlantic                   30  Bottlenose dolphin,
     shark gillnet.                                   Central FL
                                                      coastal.\1\
                                                     Bottlenose dolphin,
                                                      Northern FL
                                                      coastal.
                                                     North Atlantic
                                                      right whale, WNA.
TRAWL FISHERIES
    Mid-Atlantic mid-water trawl                322  Bottlenose dolphin,
     (including pair trawl).                          WNA offshore.
                                                     Common dolphin,
                                                      WNA.
                                                     Long-finned pilot
                                                      whale, WNA.
                                                     Risso's dolphin,
                                                      WNA.
                                                     Short-finned pilot
                                                      whale, WNA.
                                                     White-sided
                                                      dolphin, WNA.\1\
    Mid-Atlantic bottom trawl....               631  Bottlenose dolphin,
                                                      WNA offshore.
                                                     Common dolphin,
                                                      WNA.\1\
                                                     Gray seal, WNA.
                                                     Harbor seal, WNA.
                                                     Long-finned pilot
                                                      whale, WNA.\1\
                                                     Risso's dolphin,
                                                      WNA.\1\
                                                     Short-finned pilot
                                                      whale, WNA.\1\
                                                     White-sided
                                                      dolphin, WNA.
    Northeast mid-water trawl                 1,103  Gray seal, WNA.
     (including pair trawl).                         Harbor seal, WNA.
                                                     Long-finned pilot
                                                      whale, WNA.\1\
                                                     Short-finned pilot
                                                      whale, WNA.\1\
                                                     Common dolphin,
                                                      WNA.
                                                     White-sided
                                                      dolphin, WNA.
    Northeast bottom trawl.......             2,987  Bottlenose dolphin,
                                                      WNA offshore.

[[Page 23727]]

 
                                                     Common dolphin,
                                                      WNA.
                                                     Gray seal, WNA.
                                                     Harbor porpoise,
                                                      GME/BF.
                                                     Harbor seal, WNA.
                                                     Harp seal, WNA.
                                                     Long-finned pilot
                                                      whale, WNA.
                                                     Minke whale,
                                                      Canadian East
                                                      Coast.
                                                     Short-finned pilot
                                                      whale, WNA.
                                                     White-sided
                                                      dolphin, WNA.\1\
    Southeastern U.S. Atlantic,               4,950  Atlantic spotted
     Gulf of Mexico shrimp trawl.                     dolphin, GMX
                                                      continental and
                                                      oceanic.
                                                     Bottlenose dolphin,
                                                      SC/GA coastal.\1\
                                                     Bottlenose dolphin,
                                                      Eastern GMX
                                                      coastal.\1\
                                                     Bottlenose dolphin,
                                                      GMX continental
                                                      shelf.
                                                     Bottlenose dolphin,
                                                      Northern GMX
                                                      coastal.
                                                     Bottlenose dolphin,
                                                      Western GMX
                                                      coastal.\1\
                                                     Bottlenose dolphin,
                                                      GMX bay, sound,
                                                      estuarine.\1\
                                                     West Indian
                                                      manatee, FL.
TRAP/POT FISHERIES:
    Southeastern U.S. Atlantic,               1,282  Bottlenose dolphin,
     Gulf of Mexico stone crab                        Biscayne Bay
     trap/pot \2\                                     estuarine.
                                                     Bottlenose dolphin,
                                                      Central FL
                                                      coastal.
                                                     Bottlenose dolphin,
                                                      Eastern GMX
                                                      coastal.
                                                     Bottlenose dolphin,
                                                      FL Bay.
                                                     Bottlenose dolphin,
                                                      GMX bay, sound,
                                                      estuarine (FL west
                                                      coast portion).
                                                     Bottlenose dolphin,
                                                      Indian River
                                                      Lagoon estuarine
                                                      system.
                                                     Bottlenose dolphin,
                                                      Jacksonville
                                                      estuarine system.
                                                     Bottlenose dolphin,
                                                      Northern GMX
                                                      coastal.
    Atlantic mixed species trap/              3,467  Fin whale, WNA.
     pot \2\.
                                                     Humpback whale,
                                                      Gulf of Maine.
    Atlantic blue crab trap/pot..             8,557  Bottlenose dolphin,
                                                      Charleston
                                                      estuarine
                                                      system.\1\
                                                     Bottlenose dolphin,
                                                      Indian River
                                                      Lagoon estuarine
                                                      system.\1\
                                                     Bottlenose dolphin,
                                                      Jacksonville
                                                      estuarine
                                                      system.\1\
                                                     Bottlenose dolphin,
                                                      SC/GA coastal.\1\
                                                     Bottlenose dolphin,
                                                      Northern GA/
                                                      Southern SC
                                                      estuarine
                                                      system.\1\
                                                     Bottlenose dolphin,
                                                      Southern GA
                                                      estuarine
                                                      system.\1\
                                                     Bottlenose dolphin,
                                                      Northern Migratory
                                                      coastal.\1\
                                                     Bottlenose dolphin,
                                                      Southern Migratory
                                                      coastal.\1\
                                                     Bottlenose dolphin,
                                                      Central FL
                                                      coastal.\1\
                                                     Bottlenose dolphin,
                                                      Northern FL
                                                      coastal.\1\
                                                     Bottlenose dolphin,
                                                      Northern NC
                                                      estuarine
                                                      system.\1\
                                                     Bottlenose dolphin,
                                                      Southern NC
                                                      estuarine
                                                      system.\1\
                                                     West Indian
                                                      manatee, FL.\1\
PURSE SEINE FISHERIES:
    Gulf of Mexico menhaden purse             40-42  Bottlenose dolphin,
     seine.                                           GMX bay, sound,
                                                      estuarine.
                                                     Bottlenose dolphin,
                                                      Northern GMX
                                                      coastal.\1\
                                                     Bottlenose dolphin,
                                                      Western GMX
                                                      coastal.\1\
    Mid-Atlantic menhaden purse                   5  Bottlenose dolphin,
     seine \2\.                                       Northern Migratory
                                                      coastal.
                                                     Bottlenose dolphin,
                                                      Southern Migratory
                                                      coastal.
HAUL/BEACH SEINE FISHERIES:
    Mid-Atlantic haul/beach seine               565  Bottlenose dolphin,
                                                      Northern NC
                                                      estuarine
                                                      system.\1\
                                                     Bottlenose dolphin,
                                                      Northern Migratory
                                                      coastal.\1\
                                                     Bottlenose dolphin,
                                                      Southern Migratory
                                                      coastal.\1\
    NC long haul seine...........               372  Bottlenose dolphin,
                                                      Southern NC
                                                      estuarine system.
                                                     Bottlenose dolphin,
                                                      Northern NC
                                                      estuarine
                                                      system.\1\
STOP NET FISHERIES:
    NC roe mullet stop net.......                13  Bottlenose dolphin,
                                                      Southern NC
                                                      estuarine
                                                      system.\1\
POUND NET FISHERIES:
    VA pound net.................                67  Bottlenose dolphin,
                                                      Northern NC
                                                      estuarine system.
                                                     Bottlenose dolphin,
                                                      Northern Migratory
                                                      coastal.\1\
                                                     Bottlenose dolphin,
                                                      Southern Migratory
                                                      coastal.\1\
------------------------------------------------------------------------
                              CATEGORY III
------------------------------------------------------------------------
GILLNET FISHERIES:
    Caribbean gillnet............              >991  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.

[[Page 23728]]

 
    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  None documented.
     gillnet.
TRAWL FISHERIES:
    Atlantic shellfish bottom                   >58  None documented.
     trawl.
    Gulf of Mexico butterfish                     2  Bottlenose dolphin,
     trawl.                                           Northern GMX
                                                      oceanic.
                                                     Bottlenose dolphin,
                                                      Northern GMX
                                                      continental shelf.
    Gulf of Mexico mixed species                 20  None documented.
     trawl.
    GA cannonball jellyfish trawl                 1  Bottlenose dolphin,
                                                      South Carolina/
                                                      Georgia.
MARINE AQUACULTURE FISHERIES:
    Finfish aquaculture..........                48  Harbor seal, WNA.
    Shellfish aquaculture........           unknown  None documented.
PURSE SEINE FISHERIES:
    Gulf of Maine Atlantic                       >7  Harbor seal, WNA.
     herring purse seine.                            Gray seal, WNA.
    Gulf of Maine menhaden purse                 >2  None documented.
     seine.
    FL West Coast sardine purse                  10  Bottlenose dolphin,
     seine.                                           Eastern GMX
                                                      coastal.
    U.S. Atlantic tuna purse                      5  Long-finned pilot
     seine *.                                         whale, WNA.
                                                     Short-finned pilot
                                                      whale, WNA.
LONGLINE/HOOK-AND-LINE FISHERIES:
    Northeast/Mid-Atlantic bottom            >1,207  None documented.
     longline/hook-and-line.
    Gulf of Maine, U.S. Mid-                    428  Humpback whale,
     Atlantic tuna, shark                             Gulf of Maine.
     swordfish hook-and-line/
     harpoon.
    Southeastern U.S. Atlantic,              >5,000  Bottlenose dolphin,
     Gulf of Mexico, and                              GMX continental
     Caribbean snapper-grouper                        shelf.
     and other reef fish bottom
     longline/hook-and-line.
    Southeastern U.S. Atlantic,                <125  Bottlenose dolphin,
     Gulf of Mexico shark bottom                      Eastern GMX
     longline/hook-and-line.                          coastal.
                                                     Bottlenose dolphin,
                                                      Northern GMX
                                                      continental shelf.
    Southeastern U.S. Atlantic,               1,446  None documented.
     Gulf of Mexico, and
     Caribbean pelagic hook-and-
     line/harpoon.
    U.S. Atlantic, Gulf of Mexico           unknown  None documented.
     trotline.
TRAP/POT FISHERIES
    Caribbean mixed species trap/              >501  None documented.
     pot.
    Caribbean spiny lobster trap/              >197  None documented.
     pot.
    FL spiny lobster trap/pot....             1,268  Bottlenose dolphin,
                                                      Biscayne Bay
                                                      estuarine.
                                                      Bottlenose
                                                      dolphin, Central
                                                      FL coastal.
                                                     Bottlenose dolphin,
                                                      Eastern GMX
                                                      coastal.
                                                     Bottlenose dolphin,
                                                      FL Bay estuarine.
    Gulf of Mexico blue crab trap/            4,113  Bottlenose dolphin,
     pot.                                             Western GMX
                                                      coastal.
                                                     Bottlenose dolphin,
                                                      Northern GMX
                                                      coastal.
                                                     Bottlenose dolphin,
                                                      Eastern GMX
                                                      coastal.
                                                     Bottlenose dolphin,
                                                      GMX bay, sound,
                                                      estuarine.
                                                     West Indian
                                                      manatee, FL.
    Gulf of Mexico mixed species            unknown  None documented.
     trap/pot.
    Southeastern U.S. Atlantic,                  10  None documented.
     Gulf of Mexico golden crab
     trap/pot.
    U.S. Mid-Atlantic eel trap/             unknown  None documented.
     pot.
STOP SEINE/WEIR/POUND NET/
 FLOATING TRAP FISHERIES:
    Gulf of Maine herring and                    >1  Gray seal, WNA.
     Atlantic mackerel stop seine/
     weir.
                                                     Harbor porpoise,
                                                      GME/BF.
                                                     Harbor seal, WNA.
                                                     Minke whale,
                                                      Canadian east
                                                      coast.
                                                     White-sided
                                                      dolphin, WNA.
    U.S. Mid-Atlantic crab stop               2,600  None documented.
     seine/weir.
    U.S. Mid-Atlantic mixed                 unknown  Bottlenose dolphin,
     species stop seine/weir/                         Northern NC
     pound net (except the NC roe                     estuarine system.
     mullet stop net).
    RI floating trap.............                 9  None documented.
DREDGE FISHERIES:
    Gulf of Maine mussel dredge..           unknown  None documented.
    Gulf of Maine, U.S. Mid-                   >403  None documented.
     Atlantic sea scallop dredge.
    U.S. Mid-Atlantic/Gulf of                 7,000  None documented.
     Mexico oyster dredge.
    U.S. Mid-Atlantic offshore              unknown  None documented.
     surf clam and quahog dredge.
HAUL/BEACH SEINE FISHERIES:
    Caribbean haul/beach seine...                15  None documented in
                                                      the most recent 5
                                                      years of data.
    Gulf of Mexico haul/beach               unknown  None documented.
     seine.
    Southeastern U.S. Atlantic                   25  None documented.
     haul/beach seine.

[[Page 23729]]

 
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 dolphin,
     Mexico, Caribbean commercial                     Eastern GMX
     passenger fishing vessel.                        coastal.
                                                     Bottlenose dolphin,
                                                      Northern GMX
                                                      coastal.
                                                     Bottlenose dolphin,
                                                      Western GMX
                                                      coastal.
                                                     Bottlenose dolphin,
                                                      Biscayne Bay
                                                      estuarine.
                                                     Bottlenose dolphin,
                                                      GMX bay, sound,
                                                      estuarine.
                                                     Bottlenose dolphin,
                                                      Indian River
                                                      Lagoon estuarine
                                                      system.
                                                     Bottlenose dolphin,
                                                      Southern NC
                                                      estuarine system.
------------------------------------------------------------------------
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; SC--South Carolina; VA--
  Virginia; WNA--Western North Atlantic.
\1\ Fishery classified based on serious injuries and mortalities of this
  stock, which are greater than 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.


    Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
                                                        Marine mammal
                                    Number of HSFCA   species and stocks
       Fishery description              permits      incidentally killed
                                                         or  injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
LONGLINE FISHERIES:
    Atlantic Highly Migratory                    79  Atlantic spotted
     Species * \+\.                                   dolphin, WNA.
                                   ................  Bottlenose dolphin,
                                                      Northern GMX
                                                      oceanic.
                                   ................  Bottlenose dolphin,
                                                      WNA offshore.
                                   ................  Common dolphin,
                                                      WNA.
                                   ................  Cuvier's beaked
                                                      whale, WNA.
                                   ................  Long-finned pilot
                                                      whale, WNA.
                                   ................  Mesoplodon beaked
                                                      whale, WNA.
                                   ................  Pygmy sperm whale,
                                                      WNA.
                                   ................  Risso's dolphin,
                                                      WNA.
                                   ................  Short-finned pilot
                                                      whale, WNA.
    Western Pacific Pelagic (HI                 124  Bottlenose dolphin,
     Deep-set component) *                            HI Pelagic.
     [supcaret] \+\.                                 Bottlenose dolphin,
                                                      unknown.
                                   ................  False killer whale,
                                                      HI Pelagic.
                                   ................  False killer whale,
                                                      unknown.
                                   ................  Pantropical spotted
                                                      dolphin, HI.
                                   ................  Pantropical spotted
                                                      dolphin, unknown.
                                   ................  Risso's dolphin,
                                                      HI.
                                   ................  Risso's dolphin,
                                                      unknown.
                                   ................  Short-finned pilot
                                                      whale, HI.
                                   ................  Short-finned pilot
                                                      whale, unknown.
                                   ................  Striped dolphin,
                                                      HI.
------------------------------------------------------------------------
                                   ................  Striped dolphin,
                                                      unknown.
                               Category II
------------------------------------------------------------------------
DRIFT GILLNET FISHERIES:
    Atlantic Highly Migratory                     2  Undetermined.
     Species.
    Pacific Highly Migratory                      4  Long-beaked common
     Species * [supcaret].                            dolphin, CA.
                                   ................  Humpback whale, CA/
                                                      OR/WA.
                                   ................  Northern right-
                                                      whale dolphin, CA/
                                                      OR/WA.
                                   ................  Pacific white-sided
                                                      dolphin, CA/OR/WA.
                                   ................  Risso's dolphin, CA/
                                                      OR/WA.
                                   ................  Short-beaked common
                                                      dolphin, CA/OR/WA.
TRAWL FISHERIES:
    Atlantic Highly Migratory                     5  Undetermined.
     Species **.
    CCAMLR.......................                 0  Antarctic fur seal.
    Western Pacific Pelagic......                 0  Undetermined.
PURSE SEINE FISHERIES:
    South Pacific Tuna Fisheries.                38  Undetermined.

[[Page 23730]]

 
    Western Pacific Pelagic......                 3  Undetermined.
POT VESSEL FISHERIES:
    Pacific Highly Migratory                      3  Undetermined.
     Species **.
    South Pacific Albacore Troll.                 3  Undetermined.
    Western Pacific Pelagic......                 3  Undetermined.
LONGLINE FISHERIES:
    CCAMLR.......................                 0  None documented.
    South Pacific Albacore Troll.                11  Undetermined.
    South Pacific Tuna Fisheries                 10  Undetermined.
     **.
    Western Pacific Pelagic (HI                  28  Bottlenose dolphin,
     Shallow-set component) *                         HI Pelagic.
     [supcaret] +.                                   Bottlenose dolphin,
                                                      unknown.
                                   ................  Humpback whale,
                                                      Central North
                                                      Pacific.
                                   ................  Kogia sp. whale
                                                      (Pygmy or dwarf
                                                      sperm whale), HI.
                                   ................  Kogia sp. whale
                                                      (Pygmy or dwarf
                                                      sperm whale),
                                                      unknown.
                                   ................  Risso's dolphin,
                                                      HI.
                                   ................  Risso's dolphin,
                                                      unknown.
                                   ................  Short-finned pilot
                                                      whale, HI.
                                   ................  Short-finned pilot
                                                      whale, unknown.
                                   ................  Striped dolphin,
                                                      HI.
                                   ................  Striped dolphin,
                                                      unknown.
HANDLINE/POLE AND LINE FISHERIES:
    Atlantic Highly Migratory                     3  Undetermined.
     Species.
    Pacific Highly Migratory                     40  Undetermined.
     Species.
    South Pacific Albacore Troll.                 7  Undetermined.
    Western Pacific Pelagic......                 6  Undetermined.
TROLL FISHERIES:
    Atlantic Highly Migratory                     5  Undetermined.
     Species.
    South Pacific Albacore Troll.                36  Undetermined.
    South Pacific Tuna Fisheries                  3  Undetermined.
     **.
    Western Pacific Pelagic......                22  Undetermined.
LINERS NEI FISHERIES:
    Pacific Highly Migratory                      1  Undetermined.
     Species **.
    South Pacific Albacore Troll.                 1  Undetermined.
    Western Pacific Pelagic......                 1  Undetermined.
FACTORY MOTHERSHIP FISHERIES:
    Western Pacific Pelagic......                 1  Undetermined.
MULTIPURPOSE VESSELS NEI
 FISHERIES:
    Atlantic Highly Migratory                     1  Undetermined.
     Species.
    Pacific Highly Migratory                      5  Undetermined.
     Species **.
    South Pacific Albacore Troll.                 4  Undetermined.
    Western Pacific Pelagic......                 4  Undetermined.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
LONGLINE FISHERIES:
    Pacific Highly Migratory                     96  None documented in
     Species * +.                                     the most recent 5
                                                      years of data.
PURSE SEINE FISHERIES
    Atlantic Highly Migratory                     0  Long-finned pilot
     Species *[supcaret].                             whale, WNA.
                                                     Short-finned pilot
                                                      whale, WNA.
    Pacific Highly Migratory                      6  None documented.
     Species * [supcaret].
TROLL FISHERIES:
    Pacific Highly Migratory                    263  None documented.
     Species *.
------------------------------------------------------------------------
List of Terms, Abbreviations, and Symbols Used in Table 3:
GMX--Gulf of Mexico; NEI--Not Elsewhere Identified; WNA--Western North
  Atlantic.
* Fishery is an extension/component of an existing fishery operating
  within U.S. waters listed in Table 1 or 2. The number of permits
  listed in Table 3 represents only the number of permits for the high
  seas component of the fishery.
** These gear types are not authorized under the Pacific HMS FMP (2004),
  the Atlantic HMS FMP (2006), or without a South Pacific Tuna Treaty
  license (in the case of the South Pacific Tuna fisheries). Because
  HSFCA permits are valid for five years, permits obtained in past years
  exist in the HSFCA permit database for gear types that are now
  unauthorized. Therefore, while HSFCA permits exist for these gear
  types, it does not represent effort. In order to land fish species,
  fishers must be using an authorized gear type. Once these permits for
  unauthorized gear types expire, the permit-holder will be required to
  obtain a permit for an authorized gear type.
+ The marine mammal species or stocks listed as killed or injured in
  this fishery has been observed taken by this fishery on the high seas.
[supcaret] The list of marine mammal species or stocks killed or injured
  in this fishery is identical to the list of marine mammal species or
  stocks killed or injured in U.S. waters component of the fishery,
  minus species or stocks that have geographic ranges exclusively in
  coastal waters, because the marine mammal species 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.


[[Page 23731]]


      Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
          Take reduction plans                  Affected fisheries
------------------------------------------------------------------------
Atlantic Large Whale Take Reduction      Category I:
 Plan (ALWTRP)--50 CFR 229.32.           Mid-Atlantic gillnet.
                                            Northeast/Mid-Atlantic
                                             American lobster trap/pot.
                                            Northeast sink gillnet.
                                         Category II:
                                            Atlantic blue crab trap/pot.
                                            Atlantic mixed species trap/
                                             pot.
                                            Northeast anchored float
                                             gillnet.
                                            Northeast drift gillnet.
                                            Southeast Atlantic gillnet.
                                            Southeastern U.S. Atlantic
                                             shark gillnet.*
                                            Southeastern, U.S. Atlantic,
                                             Gulf of Mexico stone crab
                                             trap/pot.[supcaret]
Bottlenose Dolphin Take Reduction Plan   Category I:
 (BDTRP)--50 CFR 229.35.                 Mid-Atlantic gillnet.
                                         Category II:
                                            Atlantic blue crab trap/pot.
                                            Chesapeake Bay inshore
                                             gillnet fishery.
                                            Mid-Atlantic haul/beach
                                             seine.
                                            Mid-Atlantic menhaden purse
                                             seine.
                                            NC inshore gillnet.
                                            NC long haul seine.
                                            NC roe mullet stop net.
                                            Southeast Atlantic gillnet.
                                            Southeastern U.S. Atlantic
                                             shark gillnet.
                                            Southeastern U.S. Atlantic,
                                             Gulf of Mexico shrimp
                                             trawl.[supcaret]
                                            Southeastern, U.S. Atlantic,
                                             Gulf of Mexico stone crab
                                             trap/pot.[supcaret]
                                            VA pound net.
False Killer Whale Take Reduction Plan   Category I:
 (FKWTRP)--50 CFR 229.37.                HI deep-set (tuna target)
                                          longline/set line.
                                            Category II:
                                         HI shallow-set (swordfish
                                          target) longline/set line.
Harbor Porpoise Take Reduction Plan      Category I:
 (HPTRP)--50 CFR 229.33 (New England)    Mid-Atlantic gillnet.
 and 229.34 (Mid-Atlantic).              Northeast sink gillnet.
Pelagic Longline Take Reduction Plan     Category I:
 (PLTRP)--50 CFR 229.36.                 Atlantic Ocean, Caribbean, Gulf
                                          of Mexico large pelagics
                                          longline.
Pacific Offshore Cetacean Take           Category II:
 Reduction Plan (POCTRP)--50 CFR 229.31. CA thresher shark/swordfish
                                          drift gillnet (>=14 in mesh).
Atlantic Trawl Gear Take Reduction Team  Category II:
 (ATGTRT).                               Mid-Atlantic bottom trawl.
                                            Mid-Atlantic mid-water trawl
                                             (including pair trawl).
                                            Northeast bottom trawl.
                                            Northeast mid-water trawl
                                             (including pair trawl).
False Killer Whale Take Reduction Team   Category I:
 (FKWTRT).
                                            HI deep-set (tuna target)
                                             longline/set line.
                                         Category II:
                                            HI shallow-set (swordfish
                                             target) longline/set line.
------------------------------------------------------------------------
* Only applicable to the portion of the fishery operating in U.S.
  waters; [supcaret] Only applicable to the portion of the fishery
  operating in the Atlantic Ocean.

Classification

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule would not have a significant economic 
impact on a substantial number of small entities. The factual basis 
leading to the certification is set forth below.
    Under existing regulations, all individuals participating in 
Category I or II fisheries must register under the MMPA and obtain an 
Authorization Certificate. The Authorization Certificate authorizes the 
taking of non-endangered and non-threatened marine mammals incidental 
to commercial fishing operations. Additionally, individuals may be 
subject to a TRP and requested to carry an observer. NMFS has estimated 
that up to approximately 59,500 fishing vessels, most of which are 
small entities, may operate in Category I or II fisheries and, 
therefore, are required to register with NMFS. Of these, approximately 
28 are new to a Category I or II fishery as a result of this proposed 
rule. 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. 
Therefore, there are no direct costs to small entities under this 
proposed rule.
    If a vessel is requested to carry an observer, individuals will not 
incur any direct economic costs associated with carrying that observer. 
Potential indirect costs to individuals required to take observers may 
include: lost space on deck for catch, lost bunk space, and lost 
fishing time due to time needed by the observer to process bycatch 
data. For effective monitoring, however, observers will rotate among a 
limited number of vessels in a fishery at any given time

[[Page 23732]]

and each vessel within an observed fishery has an equal probability of 
being requested to accommodate an observer. Therefore, the potential 
indirect costs to individuals are expected to be minimal because 
observer coverage would only be required for a small percentage of an 
individual's total annual fishing time. In addition, section 118 of the 
MMPA states that an observer will not be placed on a vessel if the 
facilities for quartering an observer or performing observer functions 
are inadequate or unsafe, thereby exempting vessels too small to 
accommodate an observer from this requirement. As a result of this 
certification, an initial regulatory flexibility analysis is not 
required and was not prepared. In the event that reclassification of a 
fishery to Category I or II results in a TRP, economic analyses of the 
effects of that TRP would be summarized in subsequent rulemaking 
actions.
    This proposed rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act. The collection of information 
for the registration of individuals under the MMPA has been approved by 
the Office of Management and Budget (OMB) under OMB control number 
0648-0293 (0.15 hours per report for new registrants and 0.09 hours per 
report for renewals). The requirement for reporting marine mammal 
injuries or mortalities 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 collection of information. Send comments regarding these reporting 
burden estimates or any other aspect of the collections of information, 
including suggestions for reducing burden, to NMFS and OMB (see 
ADDRESSES and SUPPLEMENTARY INFORMATION).
    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 collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB control number.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    An environmental assessment (EA) was prepared under the National 
Environmental Policy Act (NEPA) for regulations to implement section 
118 of the MMPA in June 1995. NMFS revised that EA relative to 
classifying U.S. commercial fisheries on the LOF in December 2005. Both 
the 1995 EA and the 2005 EA concluded that implementation of MMPA 
section 118 regulations would not have a significant impact on the 
human environment. This proposed rule would not make any significant 
change in the management of reclassified fisheries; therefore, this 
proposed rule is not expected to change the analysis or conclusion of 
the 2005 EA. The Council of Environmental Quality (CEQ) recommends 
agencies review EAs every five years; therefore, NMFS reviewed the 2005 
EA in 2009. NMFS concluded that, because there have been no changes to 
the process used to develop the LOF and implement section 118 of the 
MMPA (including no new alternatives and no additional or new impacts on 
the human environment), there is no need to update the 2005 EA at this 
time. If NMFS takes a management action, for example, through the 
development of a TRP, NMFS would first prepare an environmental 
document, as required under NEPA, specific to that action.
    This proposed rule would not affect species listed as threatened or 
endangered under the Endangered Species Act (ESA) or their associated 
critical habitat. The impacts of numerous fisheries have been analyzed 
in various biological opinions, and this proposed rule will not affect 
the conclusions of those opinions. The classification of fisheries on 
the LOF is not considered to be a management action that would 
adversely affect threatened or endangered species. If NMFS takes a 
management action, for example, through the development of a TRP, NMFS 
would conduct consultation under ESA section 7 for that action.
    This proposed rule would have no adverse impacts on marine mammals 
and may have a positive impact on marine mammals by improving knowledge 
of marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This proposed rule would not affect the land or water uses or 
natural resources of the coastal zone, as specified under section 307 
of the Coastal Zone Management Act.

References

Allen, B.M. and R.P. Angliss. 2012a. Alaska Marine Mammal Stock 
Assessments, 2012 (Draft). NOAA Technical Memorandum NOAA-TM-NMFS-
AFSC-xxx, 249 p.
Allen, B.M. and R.P. Angliss. 2012b. Alaska Marine Mammal Stock 
Assessments, 2011. NOAA Technical Memorandum NOAA-TM-NMFS-AFSC-234, 
288 p.
Carretta and Enriquez 2012? (cited on p.17)
Carretta, J.V., E. Oleson, D.W. Weller, A.R. Lang, K.A. Forney, J. 
Baker, B. Hanson, K Martien, M.M. Muto, M.S. Lowry, J. Barlow, D. 
Lynch, L. Carswell, R.L. Brownell Jr., D.K. Mattila, and M.C. Hill. 
2012a. U.S. Pacific Marine Mammal Stock Assessments: 2012 (Draft). 
NOAA Technical Memorandum NOAA-TM-NMFS-SWFSC-xxx. 77 p.
Carretta, J.V., K.A. Forney, E. Oleson, K Martien, M.M. Muto, M.S. 
Lowry, J. Barlow, J. Baker, B. Hanson, D. Lynch, L. Carswell, R.L. 
Brownell Jr., J. Robbins, D.K. Mattila, K. Ralls, and M.C. Hill. 
2012b. U.S. Pacific Marine Mammal Stock Assessments: 2011. NOAA 
Technical Memorandum NOAA-TM-NMFS-SWFSC-488. 356 p.
Forney, K.A. 2010. Serious injury determinations for cetaceans 
caught in Hawaii longline fisheries during 1994-2008. NOAA Technical 
Memorandum NOAA-TM-NMFS-SWFSC-462. 24p.
McCracken, M.L. 2010. Adjustments to false killer whale and short-
finned pilot whale bycatch estimates. PIFSC Working Paper WP-10-007. 
Pacific Islands Fisheries Science Center, National Marine Fisheries 
Service. 23 p.
McCracken, M.L. 2011. Assessment of incidental interactions with 
marine mammals in the Hawaii longline deep and shallow set fisheries 
from 2006 through 2010. PIFSC Working Paper WP-11-012. Pacific 
Islands Fisheries Science Center, National Marine Fisheries Service. 
30 p.
Northeast Fisheries Science Center, Fisheries Sampling Branch. 2010-
2012. Northeast Fisheries Observer Program: Incidental Take Reports. 
Retrieved from: http://www.nefsc.noaa.gov/fsb/.
Waring GT, Josephson E, Maze-Foley K, and Rosel PE, editors. 2012a. 
Final U.S. Atlantic and Gulf of Mexico Marine Mammal Stock 
Assessments--2011. NOAA Tech Memo NMFS NE 221.
Waring GT, Josephson E, Maze-Foley K, and Rosel PE, editors 2012b. 
Draft U.S. Atlantic and Gulf of Mexico Marine Mammal Stock 
Assessments--2012. Retrieved from: http://www.nmfs.noaa.gov/pr/sars/draft.htm.

    Authority:  16 U.S.C. 1361 et seq.

    Dated: April 16, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs 
National Marine Fisheries Service.
[FR Doc. 2013-09391 Filed 4-19-13; 8:45 am]
BILLING CODE 3510-22-P