List of Fisheries for 2014, 14418-14438 [2014-05576]
Download as PDF
<![CDATA[
14418
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
substantial direct effects on tribal
governments, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes.
This final rule does not create a
mandate for any tribal government nor
would the rule impose any enforceable
duties on these entities. Thus, Executive
Order 13175 does not apply to this
action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets EO 13045 (62 FR
19885, April 23, 1997) as applying only
to those regulatory actions that concern
health or safety risks, such that the
analysis required under section 5–501 of
the EO has the potential to influence the
regulation. This action is not subject to
EO 13045 because it implements
specific standards established by
Congress in statutes.
mstockstill on DSK4VPTVN1PROD with RULES
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards.
This action does not involved
technical standards. Therefore, EPA did
not consider the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629, February 16, 1994) establishes
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
federal executive policy on
environmental justice. Its main
provision directs federal agencies, to the
greatest extent practicable and
permitted by law, to make
environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. For the option finalized in
this rule to be implemented, the State
must demonstrate that removal of the
RFG requirement would not result in
loss of emission reductions relied upon
in the ozone state implementation plan
and it has done so. Moreover, since RFG
has never actually been implemented in
Atlanta, this action will not result in an
actual change in emissions.
K. Statutory Authority
The Statutory authority for the action
finalized today is granted to EPA by
sections 211(k) and 301 of the Clean Air
Act, as amended; 42 U.S.C. 7545(k) and
7601.
L. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This rule
will be effective upon publication in the
Federal Register.
List of Subjects in 40 CFR Part 80
Environmental protection,
Administrative practice and procedure,
Air pollution control, Confidential
business information, Diesel fuel,
Energy, Forest and forest products, Fuel
additives, Gasoline, Imports, Labeling,
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
Motor vehicle pollution, Penalties,
Petroleum, Reporting and recordkeeping
requirements.
Dated: March 7, 2014.
Gina McCarthy,
Administrator.
Accordingly, 40 CFR part 80 is
amended as follows:
PART 80—REGULATION OF FUELS
AND FUEL ADDITIVES
1. The authority citation for part 80
continues to read as follows:
■
Authority: 42 U.S.C. 7414, 7542, 7545, and
7601(a).
2. Section 80.70 is amended by
revising paragraph (m)(2) to read as
follows:
■
§ 80.70
Covered areas.
*
*
*
*
*
(m) * * *
(2) An area identified as a covered
area pursuant to this paragraph (m),
based on its classification as a severe
non-attainment area under the 1-hour
ozone NAAQS, but which is
redesignated to attainment for the 1hour ozone NAAQS, may be removed as
a covered area at the request of a State
providing that the State does not rely on
RFG in any State Implementation Plan.
[FR Doc. 2014–05697 Filed 3–13–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
[Docket No. 131017871–4175–02]
RIN 0648–BD72
List of Fisheries for 2014
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
The National Marine
Fisheries Service (NMFS) publishes its
final List of Fisheries (LOF) for 2014, as
required by the Marine Mammal
Protection Act (MMPA). The final LOF
for 2014 reflects new information on
interactions between commercial
fisheries and marine mammals. NMFS
must classify each commercial fishery
on the LOF into one of three categories
under the MMPA based upon the level
of mortality and serious injury of marine
mammals that occurs incidental to each
SUMMARY:
E:\FR\FM\14MRR1.SGM
14MRR1
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
fishery. The classification of a fishery on
the LOF determines whether
participants in that fishery are subject to
certain provisions of the MMPA, such as
registration, observer coverage, and take
reduction plan (TRP) requirements.
DATES: This final rule is effective April
14, 2014.
ADDRESSES: Comments regarding the
burden-hour estimates, or any other
aspect of the collection of information
requirements contained in this rule,
should be submitted in writing to Chief,
Marine Mammal and Sea Turtle
Conservation Division, Office of
Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD
20910, or to the Office of Information
and Regulatory Affairs at
OIRA_submissions@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Lisa
White, Office of Protected Resources,
301–427–8494; Allison Rosner, Greater
Atlantic Region, 978–281–9328; Jessica
Powell, Southeast Region, 727–824–
5312; Elizabeth Petras, West Coast
Region (CA), 562–980–3238; Brent
Norberg, West Coast Region (WA/OR),
206–526–6550; Kim Rivera, Alaska
Region, 907–586–7424; Nancy Young,
Pacific Islands Region, 808–725–5156.
Individuals who use a
telecommunications device for the
hearing impaired may call the Federal
Information Relay Service at 1–800–
877–8339 between 8 a.m. and 4 p.m.
Eastern time, Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
What is the list of fisheries?
Section 118 of the MMPA requires
NMFS to place all U.S. commercial
fisheries into one of three categories
based on the level of incidental
mortality and serious injury of marine
mammals occurring in each fishery (16
U.S.C. 1387(c)(1)). The classification of
a fishery on the LOF determines
whether participants in that fishery may
be required to comply with certain
provisions of the MMPA, such as
registration, observer coverage, and take
reduction plan requirements. NMFS
must reexamine the LOF annually,
considering new information in the
Marine Mammal Stock Assessment
Reports (SARs) and other relevant
sources, and publish in the Federal
Register any necessary changes to the
LOF after notice and opportunity for
public comment (16 U.S.C. 1387
(c)(1)(C)).
How does NMFS determine in which
category a fishery is placed?
The definitions for the fishery
classification criteria can be found in
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
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 will 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 injury
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 injury 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 injury 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
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
14419
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 mortalities or
injuries of marine mammals, or fisheries
that did not result in a mortality and
serious injury rate greater than 1 percent
of a stock’s PBR level based on known
interactions. NMFS has classified these
fisheries by analogy to other Category I
or II fisheries that use similar fishing
techniques or gear that are known to
cause mortality or serious injury of
marine mammals, or according to
factors discussed in the final LOF for
1996 (60 FR 67063, December 28, 1995)
and listed in the regulatory definition of
a Category II fishery: ‘‘In the absence of
reliable information indicating the
frequency of incidental mortality and
serious injury of marine mammals by a
commercial fishery, NMFS will
determine whether the incidental
mortality or serious injury is ‘frequent,’
‘occasional,’ or ‘remote’ by evaluating
other factors such as fishing techniques,
gear used, methods used to deter marine
mammals, target species, seasons and
areas fished, qualitative data from
logbooks or 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. The list of species or stocks
incidentally killed or injured includes
‘‘serious’’ and ‘‘non-serious’’
documented injuries as described later
in the List of Species or Stocks
Incidentally Killed or Injured in the
Pacific Ocean and the Atlantic Ocean,
E:\FR\FM\14MRR1.SGM
14MRR1
14420
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
Gulf of Mexico, and Caribbean sections.
To determine which species or stocks
are included as incidentally killed or
injured in a fishery, NMFS annually
reviews the information presented in
the current SARs. The SARs are based
upon the best available scientific
information and provide the most
current and inclusive information on
each stock’s PBR level and level of
interaction with commercial fishing
operations. The best available scientific
information used in the SARs reviewed
for the 2014 LOF generally summarizes
data from 2007–2011. NMFS also
reviews other sources of new
information, including observer data,
stranding data, and fisher self-reports
from that time period.
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 and may
rely on data outside the 5-year (2007–
2011) SAR data period.
Where does NMFS obtain information
on the level of observer coverage in a
fishery on the LOF?
The best available information on the
level of observer coverage and the
spatial and temporal distribution of
observed marine mammal interactions is
presented in the SARs. Data obtained
from the observer program and observer
coverage levels are important tools in
estimating the level of marine mammal
mortality and serious injury in
commercial fishing operations. Starting
with the 2005 SARs, each SAR includes
an appendix with detailed descriptions
of each Category I and II fishery on the
LOF, including the observer coverage in
those fisheries. The SARs 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 and
other resources referenced during the
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
tier analysis may include: level of
observer coverage, target species, levels
of fishing effort, spatial and temporal
distribution of fishing effort,
characteristics of fishing gear and
operations, management and
regulations, and interactions with
marine mammals. Copies of the SARs
are available on the NMFS Office of
Protected Resources Web site at:
https://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:
https://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: https://www.st.nmfs.gov/st4/
nop/.
How do I find out if a specific fishery
is in category I, II, or III?
This 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
(TRTs).
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).
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
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:
https://www.nmfs.noaa.gov/pr/
interactions/lof/, linked to the ‘‘List of
Fisheries by Year’’ table. NMFS plans to
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 2015 LOF, although this
timeline may be revised as this effort
progresses.
E:\FR\FM\14MRR1.SGM
14MRR1
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
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.
mstockstill on DSK4VPTVN1PROD with RULES
How do I register and receive my
authorization certificate and mortality/
injury 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, West Coast, and Alaska regions,
NMFS will issue vessel or gear owners
an authorization certificate and/or
mortality/injury 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 mortality/injury reporting forms
by contacting the NMFS Northeast
Regional Office at 978–281–9328 or by
visiting the Northeast Regional Office
Web site (https://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 mortality/injury
reporting form by contacting the
Southeast Regional Office at 727–209–
5952 or by visiting the Southeast
Regional Office Web site (https://
sero.nmfs.noaa.gov/pr/mm/mmap.htm)
and following the instructions for
printing the necessary documents.
Mortality/injury forms are also available
online at https://www.nmfs.noaa.gov/pr/
pdfs/interactions/mmap_reporting_
form.pdf.
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
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
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 Alaska and 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 Pacific Islands
regional fisheries, vessel or gear owners
receive an authorization certificate by
January 1 for state fisheries and with
their permit renewal for federal
fisheries. In West Coast 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 (https://sero.nmfs.noaa.gov/pr/
mm/mmap.htm) to print their own
certificate.
Am I required to submit reports when
I kill or injure a marine mammal
during the course of commercial fishing
operations?
In accordance with the MMPA (16
U.S.C. 1387(e)) and 50 CFR 229.6, any
vessel owner or operator, or gear owner
or operator (in the case of non-vessel
fisheries), participating in a fishery
listed on the LOF must report to NMFS
all incidental mortalities and injuries of
marine mammals that occur during
commercial fishing operations,
regardless of the category in which the
fishery is placed (I, II, or III) within 48
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
14421
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. Mortality/injury reporting
forms and instructions for submitting
forms to NMFS can be downloaded
from: https://www.nmfs.noaa.gov/pr/
pdfs/interactions/mmap_reporting_
form.pdf or by contacting the
appropriate Regional office (see
ADDRESSES). Forms may be faxed
directly to the NMFS Office of Protected
Resources at 301–713–4060 or 301–713–
0376. 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 may not be required 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 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: https://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
Program, including registration
procedures and forms, current and past
LOFs, information on each Category I
E:\FR\FM\14MRR1.SGM
14MRR1
14422
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
and II fishery, observer requirements,
and marine mammal mortality/injury
reporting forms and submittal
procedures, may be obtained at:
https://www.nmfs.noaa.gov/pr/
interactions/lof/, or from any NMFS
Regional Office at the addresses listed
below:
NMFS, Greater Atlantic Regional
Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930–2298,
Attn: Allison Rosner;
NMFS, Southeast Region, 263 13th
Avenue South, St. Petersburg, FL 33701,
Attn: Jessica Powell;
NMFS, West Coast Region, Long
Beach Office, 501 W. Ocean Blvd., Suite
4200, Long Beach, CA 90802–4213,
Attn: Elizabeth Petras;
NMFS, West Coast Region, Seattle
Office, 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: Kim
Rivera; or
NOAA/IRC, 1845 Wasp Blvd.,
Building 176, Honolulu, HI 96818, Attn:
NMFS/PIRO/PRD/Nancy Young.
Sources of Information Reviewed for
the Final 2014 LOF
NMFS reviewed the marine mammal
incidental mortality and serious injury
information presented in the SARs for
all fisheries to determine whether
changes in fishery classification are
warranted. The SARs are based on the
best scientific information available at
the time of preparation, including the
level of mortality and serious injury of
marine mammals that occurs incidental
to commercial fishery operations and
the PBR levels of marine mammal
stocks. The information contained in the
SARs is reviewed by regional Scientific
Review Groups (SRGs) representing
Alaska, the Pacific (including Hawaii),
and the U.S. Atlantic, Gulf of Mexico,
and Caribbean. The SRGs were 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 through
the Marine Mammal Authorization
Program, reports to the SRGs,
conference papers, FMPs, and ESA
documents.
The LOF for 2014 was based on,
among other things, information
provided in the NEPA and ESA
documents analyzing authorized high
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
seas fisheries; stranding data; fishermen
self-reports through the MMAP; and
SARs, primarily the draft 2013 SARs,
which are generally based on data from
2007–2011. The final SARs referenced
in this LOF include: 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), 2011 (77 FR 29969, May
21, 2012); and 2012 (78 FR 19446, April,
1 2013) and the draft SAR for 2013 (78
FR 66681, November 6, 2013). The SARs
are available at: https://
www.nmfs.noaa.gov/pr/sars/.
Comments and Responses
NMFS received three comment letters
on the proposed LOF for 2014 (78 FR
73477, December 6, 2013). Comments
were received from the U.S. Department
of the Interior (DOI), Hawaii Longline
Association (HLA), and Washington
Department of Fish and Wildlife
(WDFW). Comments on issues outside
of the scope of the LOF were noted, but
generally without response.
Comments on Commercial Fisheries in
the Pacific Ocean
Comment 1: DOI provided fishery
description information and marine
mammal incidental interaction data for
the CA Dungeness crab pot fishery. The
Redwood National and State Parks
wildlife observation/beach carcass
database has 12 reports of dead whales
since 1994. Whale species in the
database include: gray, humpback, and
fin whales. No known causes of death
were attributed to the strandings.
Response: NMFS acknowledges this
comment.
Comment 2: The WDFW recommends
NMFS update the estimated number of
vessels/persons for the WA salmon
purse seine fishery to 75 and for the WA
salmon reef net fishery to 11, based on
the number of current WA State licenses
issued for the respective fisheries.
Response: NMFS acknowledges the
comment and revises the estimated
number of vessels/persons from 440 to
75 for the WA salmon purse seine
fishery and from 53 to 11 for the WA
salmon reef net fishery.
Comment 3: The HLA supports the
proposed change that indicates the Main
Hawaiian Islands (MHI) insular false
killer whale is not a basis for the
Hawaii-based deep-set longline fishery’s
Category I classification.
Response: NMFS acknowledges this
comment and is finalizing the proposed
change to remove the superscript
following the MHI insular false killer
whale, to indicate that the stock does
not drive the fishery’s Category I
classification.
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
Comment 4: HLA contends that the
Hawaii-based deep-set longline fishery
does not interact with MHI insular false
killer whales, and that the regulations
implementing the False Killer Whale
Take Reduction Plan have eliminated
the likelihood of any theoretical future
interactions between the fishery and the
MHI insular false killer whale stock.
HLA opposes including the stock on the
list of marine mammals injured or killed
in the deep-set fishery.
Response: NMFS determines which
species or stocks are included as
incidentally killed or injured in a
fishery by annually reviewing the
information presented in the current
SARs, among other relevant sources.
The SARs are based on the best
available scientific information and
provide the most current and inclusive
information on each stock, including
range, abundance, PBR, and level of
interaction with commercial fishing
operations. The LOF does not duplicate
the analyses or evaluation of the data
and calculations contained within the
SARs.
The 2014 LOF is based on the draft
2013 SARs, which include data from
2007–2011. The draft 2013 SAR for false
killer whales indicates that an average
of 0.1 mortalities or serious injuries of
MHI insular false killer whales occurred
each year incidental to the Hawaii-based
deep-set longline fishery from 2007–
2011 (Carretta et al., 2013). Because the
estimate of mortality and serious injury
for the stock in this fishery is greater
than zero for the period of time covered
by the 2014 LOF, the stock is being
retained on the list of marine mammal
stocks incidentally killed or injured in
the fishery. For a more complete
analysis of the methodology for
determining mortality and serious
injury of MHI insular false killer whales,
the commenter is referred to the draft
2013 SAR.
As noted above, the most recent data
used to inform the 2014 LOF are from
2011. The False Killer Whale Take
Reduction Plan (77 FR 71260) was
published on November 29, 2012, and
its implementing regulations went into
effect on December 31, 2012 and
February 27, 2013. False killer whale
mortality and serious injury estimates in
the Hawaii-based deep-set longline
fishery for 2012 and 2013 have not yet
been finally evaluated or published in a
SAR and, therefore, could not be
considered for the 2014 LOF. Any
changes in the false killer whale
mortality and serious injury estimate
that may result from the Take Reduction
Plan will be evaluated in a future SAR
and will be considered in a future LOF.
E:\FR\FM\14MRR1.SGM
14MRR1
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
Comment 5: HLA supports the
proposed removal of all ‘‘unknown’’
stocks from the list of marine mammals
incidentally injured or killed in the
Hawaii deep-set and shallow-set
longline fisheries on Table 3.
Response: NMFS acknowledges this
comment and is finalizing the removal
of all ‘‘unknown’’ stocks of species
injured or killed in the Hawaii deep-set
and shallow-set longline fisheries on
Table 3.
Comment 6: The HLA opposes the
continued inclusion of short-finned
pilot whales on the list of species
injured or killed in the Hawaii shallowset longline fishery because it is not
supported by the available data. HLA
states that, in the absence of data
confirming that the fishery is interacting
with short-finned pilot whales, NMFS
may not add the species to the list of
species or stocks that are incidentally
killed or injured by the fishery.
Response: The draft 2013 SAR for the
Hawaii stock of short-finned pilot
whales states that two unidentified
cetaceans, known to be either false killer
whales or short-finned pilot whales (i.e.,
‘‘blackfish’’), were observed seriously
injured in the shallow-set longline
fishery on the high seas from 2007–2011
(Carretta et al., 2013). When the species
of a blackfish cannot be positively
identified, NMFS prorates the
interaction to each stock based on
distance from shore (McCracken, 2010).
Until all animals that are taken can be
identified to either species (e.g., using
photos, tissue samples), this prorating
approach constitutes the best available
information and ensures that potential
impacts to all species and stocks are
assessed. Based on this approach, the
estimated average annual mortality and
serious injury of short-finned pilot
whales in the fishery on the high seas
is 0.1 (Carretta et al., 2013). Therefore,
NMFS is retaining short-finned pilot
whales on the list of species or stocks
that are incidentally killed or injured by
the fishery.
Comment 7: HLA notes that for
fisheries that operate both in the U.S.
EEZ and on the high seas, marine
mammal species for which an
interaction has occurred in either the
EEZ or the high seas are included on the
lists of species injured or killed in both
the EEZ and the high seas (i.e., on both
Tables 1 or 2 and Table 3). This results
in a mistaken implication that a given
fishery may interact with a certain
species in one geographic area (e.g.,
within the EEZ) when that fishery has
only been observed to interact with the
species in another geographic area (e.g.,
on the high seas). HLA requests that
NMFS correct the LOF to attribute
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
species interactions in transboundary
fisheries to only those geographic
regions where interactions are actually
observed. This change would not result
in underreporting of species injured or
killed, but would avoid the arbitrary
result of takes being attributed to
fisheries in areas in which no take has
ever been observed.
Response: As described in the
preamble, NMFS has included high seas
fisheries in Table 3 of the LOF since
2009. Several 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. For these fisheries, the lists
of species or stocks injured or killed in
Table 3 are identical to their Table 1 or
2 counterparts, except for those species
or stocks with distributions known to
occur on only one side of the EEZ
boundary. Because the fisheries and the
marine mammal lists are the same, takes
of these animals are not being attributed
to one geographic area or the other, even
when that information may be available.
The take is attributed to the specific
fishery with the marine mammal
interaction. This parallel list structure is
explained in the footnotes for each
table.
Comments on Commercial Fisheries in
the Atlantic Ocean, Gulf of Mexico, and
Caribbean
Comment 8: DOI recommends that
NMFS remove the Florida stock of the
West Indian manatee from the list of
species/stocks incidentally killed or
injured in the Category II, Southeastern
U.S. Atlantic, Gulf of Mexico shrimp
trawl fishery. FWS notes that there have
been no Florida manatee mortalities or
serious injuries in this fishery since
1988.
Response: NMFS acknowledges this
comment and corrects a typographical
error which inadvertently left the
Florida stock of the West Indian
manatee on the list of species/stocks
incidentally killed or injured in the
Southeastern U.S. Atlantic, Gulf of
Mexico shrimp trawl fishery. NMFS
removed Florida stock of the West
Indian manatee in the final rule for the
2013 LOF (78 FR 53345).
Comment 9: DOI recommends that
NMFS remove the Florida stock of the
West Indian manatee from the list of
species/stocks incidentally killed or
injured in the Category II Atlantic blue
crab trap/pot fishery. FWS notes
between 1982 and 2012 there have been
12 serious injuries and no deaths of
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
14423
Florida manatees in the Atlantic blue
crab trap/pot fishery. For the most
recent five-year period of record (2008–
2012) four manatees were seriously
injured (0.8 manatees per year).
Response: NMFS finds the inclusion
of the Florida stock of West Indian
manatee on the list of species/stocks
incidentally killed or injured in the
Atlantic blue crab trap/pot fishery to be
appropriate, with the superscript
reference, because three serious injuries
have been documented in the most
recent five-year period. In the draft 2013
SARs, the PBR for the West Indian
manatee was 14.98, and 3 serious
injuries (0.6 manatee per year) were
reported from 2007–2011 in Atlantic
blue crab pot gear, 4% (0.6/14.98) of the
stock’s PBR. The DOI comment letter
notes that 4 serious injuries (0.8
manatee per year) were reported from
2008–2012, which brings annual M/SI
to 5% of PBR (0.8/14.98).
Comment 10: DOI recommends NMFS
consider adding the Inland Coastal
Georgia, Northeastern Coastal Florida
bait shrimp trawl fishery as a Category
III fishery on the LOF. During the period
from 1989 to 2005, four manatees were
killed in the Inland Coastal Georgia,
Northeastern Coastal Florida bait
shrimp trawl fishery. There have been
no Florida manatee mortalities or
serious injuries in this fishery since
2005.
Response: The Inland Coastal Georgia,
Northeastern Coastal Florida bait
shrimp fishery is categorized as part of
the Southeastern U.S. Atlantic, Gulf of
Mexico shrimp trawl fishery on the List
of Fisheries. NMFS appreciates and
notes the specific mortality and serious
injury data. Since no mortalities or
serious injuries have been documented
in the most recent five-year period
(2007–2011), the Florida stock of West
Indian manatees will not be added to
the list of species or stocks incidentally
killed or injured by the Southeastern
U.S. Atlantic, Gulf of Mexico shrimp
trawl fishery.
Summary of Changes From the
Proposed Rule
NMFS updates the estimated number
of vessels/persons in the ‘‘WA salmon
purse seine’’ fishery from 440 to 75.
NMFS updates the estimated number
of vessels/persons in the ‘‘WA salmon
reef net’’ fishery from 53 to 11.
NMFS corrects a typographical error
and removes West Indian manatee (FL)
from the list of species/stock
incidentally killed or injured in the
‘‘Southeastern U.S. Atlantic, Gulf of
Mexico shrimp trawl’’ fishery.
E:\FR\FM\14MRR1.SGM
14MRR1
14424
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
Summary of Changes to the LOF for
2014
The following summarizes changes to
the LOF for 2014 in the estimated
number of vessels/persons in a
particular fishery and the species or
stocks that are incidentally killed or
injured in a particular fishery. The LOF
for 2014 has no changes to fishery
classifications or to fisheries that are
subject to a take reduction plan. The
classifications and definitions of U.S.
commercial fisheries for 2014 are
identical to those provided in the LOF
for 2013 with the 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
Number of Vessels/Persons
NMFS updates the estimated number
of vessels/persons in the commercial
fisheries operating in the Pacific Ocean
as follows:
NMFS updates the estimated number
of vessels/persons in the ‘‘CA thresher
shark/swordfish drift gillnet (≥14 in
mesh)’’ fishery from 25 to 19.
NMFS updates the estimated number
of vessels/persons in the ‘‘CA spot
prawn pot’’ fishery from 27 to 28.
NMFS updates the estimated number
of vessels/persons in the ‘‘CA
Dungeness crab pot’’ fishery from 534 to
570.
NMFS updates the estimated number
of vessels/persons in the ‘‘CA pelagic
longline’’ fishery from 6 to 1.
NMFS updates the estimated number
of vessels/persons in the ‘‘CA coonstripe
shrimp, rock crab, tanner crab pot/trap’’
fishery from 305 to 203.
NMFS updates the estimated number
vessels/persons in the ‘‘CA spiny lobster
trap’’ fishery from 225 to 198.
List of Species or Stocks Incidentally
Killed or Injured in the Pacific Ocean
NMFS updates the list of species or
stocks incidentally killed or injured by
commercial fisheries operating in the
Pacific Ocean as follows:
NMFS adds minke whale (CA/OR/WA
stock) to the list of species/stocks
incidentally killed or injured in the ‘‘CA
thresher shark and swordfish drift
gillnet’’ fishery.
NMFS adds grey whale (Eastern North
Pacific) to the list of species/stocks
incidentally killed or injured in the
‘‘Bering Sea, Aleutian Islands crab pot’’
fishery.
NMFS changes the false killer whale
stock name from ‘‘HI Insular’’ to ‘‘MHI
Insular’’ on the list of species/stocks
incidentally killed or injured in the ‘‘HI
deep-set (tuna target) longline’’ fishery
and removes the superscript ‘‘1’’ to
indicate the stock is no longer driving
the fishery’s Category I classification.
NMFS adds sperm whale (HI stock) to
the list of species/stocks incidentally
killed or injured in the ‘‘HI deep-set
(tuna target) longline’’ fishery.
NMFS adds Blainville’s beaked whale
(HI stock) to the list of species/stocks
incidentally killed or injured in the ‘‘HI
shallow-set (swordfish target) longline’’
fishery.
NMFS adds Cuvier’s beaked whale
(unknown stock), short-finned pilot
whale (unknown stock), and bottlenose
dolphin (unknown stock) to the list of
species/stocks incidentally killed or
injured in the ‘‘American Samoa
longline’’ fishery.
Commercial Fisheries in the Atlantic
Ocean, Gulf of Mexico, and Caribbean
List of Species or Stocks Incidentally
Killed or Injured
NMFS updates the list of species or
stocks incidentally killed or injured by
commercial fisheries operating in the
Atlantic Ocean, Gulf of Mexico, and
Caribbean as follows:
NMFS adds several stocks to the list
of species/stocks incidentally killed or
injured in the ‘‘Atlantic Ocean, Gulf of
Mexico, Caribbean passenger vessel’’
fishery. NMFS adds the following
bottlenose dolphin stocks: (1) Northern
migratory coastal stock, (2) Southern
migratory coastal stock, (3) Southern
South Carolina/Georgia coastal stock, (4)
Northern Florida coastal stock, (5)
Central Florida coastal stock, (6)
Northern North Carolina estuarine
stock, (7) Northern Georgia/Southern
South Carolina estuarine stock, (8)
Jacksonville estuarine system stock.
NMFS adds bottlenose dolphin
(Western North Atlantic offshore stock)
to the list of species/stocks incidentally
killed or injured in the ‘‘Gulf of Maine,
U.S. Mid-Atlantic tuna, shark, swordfish
hook-and-line/harpoon’’ fishery.
NMFS removes bottlenose dolphin
(Western North Atlantic offshore stock)
from the list of species/stocks
incidentally killed or injured in the
‘‘Mid-Atlantic mid-water trawl’’ fishery.
Commercial Fisheries on the High Seas
Removal of Fisheries From the LOF
NMFS removes: (1) Category II
Western Pacific pelagic ‘‘pot vessel,’’
‘‘factory mothership,’’ and
‘‘multipurpose vessels not elsewhere
identified (NEI);’’ (2) Category II Pacific
highly migratory species ‘‘pot vessel’’
and ‘‘multipurpose vessels (NEI);’’ (3)
Category II South Pacific albacore troll
‘‘pot vessel’’ and ‘‘multipurpose vessels
(NEI);’’ and (4) Category II Atlantic
highly migratory species ‘‘multipurpose
vessels (NEI)’’ fisheries from the LOF.
NMFS corrects a typographical
mistake and removes the Category III
‘‘Atlantic highly migratory species purse
seine’’ fisheries from the LOF.
Number of Vessels/Persons
NMFS updates the estimated number
of HSFCA permits for commercial
fisheries operating on the high seas as
follows:
Number of
HSFCA
permits
(Final 2013
LOF)
mstockstill on DSK4VPTVN1PROD with RULES
Category
High seas fishery
I ...................
II ..................
II ..................
II ..................
II ..................
II ..................
II ..................
II ..................
Atlantic highly migratory species longline ......................................................................................
Atlantic highly migratory species drift gillnet ..................................................................................
Atlantic highly migratory species trawl ...........................................................................................
South Pacific tuna fisheries purse seine .......................................................................................
South Pacific albacore troll longline ...............................................................................................
South Pacific tuna fisheries longline ..............................................................................................
Pacific highly migratory species handline/pole and line ................................................................
South Pacific albacore troll handline/pole and line ........................................................................
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
E:\FR\FM\14MRR1.SGM
14MRR1
79
2
5
38
11
10
40
7
Number of
HSFCA
permits
(Final 2014
LOF)
84
1
1
40
13
8
46
9
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
Number of
HSFCA
permits
(Final 2013
LOF)
High seas fishery
II ..................
II ..................
II ..................
II ..................
II ..................
II ..................
III .................
III .................
III .................
mstockstill on DSK4VPTVN1PROD with RULES
Category
Western Pacific pelagic handline/pole and line .............................................................................
Atlantic highly migratory species troll ............................................................................................
South Pacific albacore troll ............................................................................................................
South Pacific tuna fisheries troll ....................................................................................................
Western Pacific pelagic troll ...........................................................................................................
Pacific highly migratory species liners nei .....................................................................................
Pacific highly migratory species longline .......................................................................................
Pacific highly migratory species purse seine .................................................................................
Pacific highly migratory species troll ..............................................................................................
List of Species or Stocks Incidentally
Killed or Injured in High Seas Fisheries
NMFS updates the list of species or
stocks incidentally killed or injured by
commercial fisheries on the high seas as
follows:
NMFS removes the following
‘‘unknown’’ stocks from the list of
species/stocks incidentally killed or
injured in the Category I ‘‘Western
Pacific Pelagic longline (HI Deep-set
component)’’ fishery: bottlenose
dolphin, false killer whale, pantropical
spotted dolphin, Risso’s dolphin, shortfinned pilot whale, and striped dolphin.
NMFS adds sperm whale (HI stock) to
the list of species/stocks incidentally
killed or injured in the Category I
‘‘Western Pacific Pelagic longline (HI
Deep-set component)’’ fishery.
NMFS removes the following
‘‘unknown’’ stocks from the list of
species/stocks incidentally killed or
injured in the Category II ‘‘Western
Pacific Pelagic longline (HI Shallow-set
component)’’ fishery: bottlenose
dolphin, Kogia sp. whale (pygmy or
dwarf sperm whale), Risso’s dolphin,
short-finned pilot whale, and striped
dolphin.
NMFS adds false killer whale (HI
Pelagic stock), short-beaked common
dolphin (CA/OR/WA), and Blainville’s
beaked whale (HI stock) to the list of
species/stocks incidentally killed or
injured in the Category II ‘‘Western
Pacific Pelagic longline (HI Shallow-set
component)’’ fishery.
NMFS corrects a typographical error
and removes pygmy sperm whale (WNA
stock) from the list of species/stocks
incidentally killed or injured in the
‘‘Atlantic Highly Migratory Species
longline’’ fishery.
List of Fisheries
The following tables set forth the list
of U.S. commercial fisheries according
to their classification under section 118
of the MMPA. Table 1 lists commercial
fisheries in the Pacific Ocean (including
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
Alaska); Table 2 lists commercial
fisheries in the Atlantic Ocean, Gulf of
Mexico, and Caribbean; Table 3 lists
commercial fisheries on the high seas;
and Table 4 lists fisheries affected by
TRPs or TRTs.
In Tables 1 and 2, the estimated
number of vessels or persons
participating in fisheries operating
within U.S. waters is expressed in terms
of the number of active participants in
the fishery, when possible. If this
information is not available, the
estimated number of vessels or persons
licensed for a particular fishery is
provided. If no recent information is
available on the number of participants,
vessels, or persons licensed in a fishery,
then the number from the most recent
LOF is used for the estimated number of
vessels or persons in the fishery. NMFS
acknowledges that, in some cases, these
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 for
which several state permits may allow.
Changes made to Mid-Atlantic and New
England fishery participants will not
affect observer coverage or bycatch
estimates as observer coverage and
bycatch estimates are based on vessel
trip reports and landings data. 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, 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
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
6
5
36
3
22
1
96
6
263
14425
Number of
HSFCA
permits
(Final 2014
LOF)
5
4
33
2
19
3
101
8
262
participants in many of these fisheries,
the number of valid HSFCA permits is
the most reliable data on the potential
effort in high seas fisheries at this time.
As noted previously in this rule, the
number of HSFCA permits listed in
Table 3 for the high seas components of
fisheries that also operate within U.S.
waters does not necessarily represent
additional effort that is not accounted
for in Tables 1 and 2. Many vessels/
persons holding HSFCA permits also
fishing within U.S. waters and are
included in the number of vessels and
participants operating within those
fisheries in Tables 1 and 2.
Tables 1, 2, and 3 also list the marine
mammal species or stocks incidentally
killed or injured (seriously or nonseriously) in each fishery based on
observer data, logbook data, stranding
reports, disentanglement network data,
and MMAP reports. The best available
scientific information included in these
reports is based on data through 2011.
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 a mortality or injury.
Additionally, species identified by
logbook entries, stranding data, or
fishermen self-reports (i.e., MMAP
reports) may not be verified. In Tables
1 and 2, NMFS has designated those
stocks driving a fishery’s classification
(i.e., the fishery is classified based on
mortalities and serious injuries and of a
marine mammal stock that are greater
than or equal to 50 percent [Category I],
or greater than 1 percent and less than
50 percent [Category II], of a stock’s
PBR) by a ‘‘1’’ after the stock’s name.
In Tables 1 and 2, there are several
fisheries classified as Category II that
have no recent documented mortalities
and injuries of marine mammals, or
fisheries that did not result in a
mortality or serious injury rate greater
than 1 percent of a stock’s PBR level
based on known interactions. NMFS has
E:\FR\FM\14MRR1.SGM
14MRR1
14426
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
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
LONGLINE/SET LINE FISHERIES:
HI deep-set (tuna target) longline/set line *
∧
......................
129
GILLNET FISHERIES:
CA thresher shark/swordfish drift gillnet (≥14 in mesh) * ....
19
Bottlenose dolphin, HI Pelagic.
False killer whale, MHI Insular.
False killer whale, HI Pelagic.1
False killer whale, Palmyra Atoll.
Pantropical spotted dolphin, HI.
Risso’s dolphin, HI.
Short-finned pilot whale, HI.
Sperm 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.
Minke whale, CA/OR/WA.
Northern elephant seal, CA breeding.
Northern right-whale dolphin, CA/OR/WA.
Pacific white-sided dolphin, CA/OR/WA.
Risso’s dolphin, CA/OR/WA.
Short-beaked common dolphin, CA/OR/WA.
Sperm Whale, CA/OR/WA 1.
Category II
GILLNET FISHERIES:
CA halibut/white seabass and other species set gillnet
(>3.5 in mesh)
50
30
AK Bristol Bay salmon drift gillnet 2 .....................................
1,863
AK Bristol Bay salmon set gillnet 2 ......................................
mstockstill on DSK4VPTVN1PROD with RULES
CA yellowtail, barracuda, and white seabass drift gillnet
(mesh size ≥3.5 in and <14 in) 2.
982
AK Kodiak salmon set gillnet ...............................................
188
VerDate Mar<15>2010
18:23 Mar 13, 2014
Jkt 232001
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
California sea lion, U.S.
Harbor seal, CA.
Humpback whale, CA/OR/WA.1
Long-beaked common dolphin, CA.
Northern elephant seal, CA breeding.
Sea otter, CA.
Short-beaked common dolphin, CA/OR/WA.
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.
E:\FR\FM\14MRR1.SGM
14MRR1
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
14427
TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued
Estimated
number
of vessels/
persons
Fishery Description
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 ...........................................
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
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
Humpback whale, Central North Pacific.1
Humpback whale, Central North Pacific.1
34
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
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 resident1.
Killer whale, GOA, AI, BS transient.1
AK Bering Sea, Aleutian Islands pollock trawl ....................
mstockstill on DSK4VPTVN1PROD with RULES
Marine mammal species and stocks incidentally
killed or injured
95
AK Bering Sea, Aleutian Islands rockfish trawl ...................
10
POT, RING NET, AND TRAP FISHERIES:
VerDate Mar<15>2010
18:23 Mar 13, 2014
Jkt 232001
PO 00000
Frm 00061
Fmt 4700
Sfmt 4700
E:\FR\FM\14MRR1.SGM
14MRR1
14428
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued
Estimated
number
of vessels/
persons
Fishery Description
CA spot prawn pot ...............................................................
28
CA Dungeness crab pot ......................................................
570
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
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
Blainville’s beaked whale, HI.
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
Bottlenose dolphin, unknown.
Cuvier’s beaked whale, unknown.
False killer whale, American Samoa.
Rough-toothed dolphin, American Samoa.
Short-finned pilot whale, unknown.
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 .......................
1,702
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.
AK roe herring and food/bait herring gillnet ........................
CA set gillnet (mesh size <3.5 in) .......................................
HI inshore gillnet ..................................................................
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 .................................................
24
913
None documented.
110
California sea lion, U.S.
Harbor seal, OR/WA coast.
Harbor seal, OR/WA coast.
Northern elephant seal, CA breeding.
82
415
10
1
2
0
6
367
31
935
CA squid purse seine ..........................................................
mstockstill on DSK4VPTVN1PROD with RULES
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 ...............
AK salmon beach seine .......................................................
AK salmon purse seine (excluding salmon purse seine
fisheries listed as Category II).
CA anchovy, mackerel, sardine 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 ........................................................
10
42
235
130
75
11
22
<3
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
PO 00000
Frm 00062
65
Fmt 4700
Sfmt 4700
None documented in the most recent 5 years of data.
None documented.
None documented.
None documented.
None documented.
None documented.
None documented.
None documented.
Harbor seal, GOA.
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.
E:\FR\FM\14MRR1.SGM
14MRR1
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
14429
TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued
Estimated
number
of vessels/
persons
Fishery Description
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 .....................................................
TROLL FISHERIES:
AK North Pacific halibut, AK bottom fish, WA/OR/CA albacore, groundfish, bottom fish, CA halibut non-salmonid
troll fisheries *.
AK salmon troll ....................................................................
Marine mammal species and stocks incidentally
killed or injured
29
26
0
None documented.
None documented.
None documented.
115
119
None documented.
None documented.
unknown
>1
13
2
1
14
1,320 (120
AK)
2,008
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.
None documented.
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
432
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
28
1,302
107
0
291
2,280
2
1,323
Dall’s Porpoise, AK.
Northern fur seal, Eastern Pacific.
None documented.
Killer whale, AK resident.
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
1
17
9
Bottlenose dolphin, CA/OR/WA offshore.
None documented.
None documented in the most recent 5 years of data.
None documented.
None documented.
mstockstill on DSK4VPTVN1PROD with RULES
AK
AK
AK
AK
154
9
Bering Sea, Aleutian Islands Pacific cod trawl ..............
Gulf of Alaska flatfish trawl ............................................
Gulf of Alaska Pacific cod trawl .....................................
Gulf of Alaska pollock trawl ...........................................
93
41
62
62
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 ................................................
34
4
282
33
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
PO 00000
Frm 00063
2
53
300
160–180
Fmt 4700
Sfmt 4700
Ribbon seal, AK.
Steller sea lion, Western U.S.
Steller sea lion, Western U.S.
Northern elephant seal, North Pacific.
Steller sea lion, Western U.S.
Dall’s porpoise, AK.
Fin whale, Northeast Pacific.
Northern elephant seal, North Pacific.
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.
E:\FR\FM\14MRR1.SGM
14MRR1
14430
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued
Estimated
number
of vessels/
persons
Fishery Description
mstockstill on DSK4VPTVN1PROD with RULES
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 ...
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 ..........................................................................
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.
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
PO 00000
Frm 00064
243
8
68
296
6
389
154
415
274
210
26
1
203
Marine mammal species and stocks incidentally
killed or injured
198
54
254
249
9
9
<3
4
6
48
None documented.
None documented.
None documented.
Grey whale, Eastern North Pacific.
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
108 (12 AK)
0
156
4
2
266
521
0
583
<3
16
57
29
143
4
637
Fmt 4700
Sfmt 4700
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.
None documented.
None
None
None
None
None
None
None
None
None
None
None
None
None
None
None
documented.
documented.
documented.
documented.
documented.
documented.
documented.
documented.
documented.
documented.
documented.
documented.
documented.
documented.
documented.
E:\FR\FM\14MRR1.SGM
14MRR1
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
14431
TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued
Estimated
number
of vessels/
persons
Fishery Description
WA shellfish aquaculture .....................................................
COMMERCIAL PASSENGER FISHING VESSEL (CHARTER
BOAT) FISHERIES:
AK/WA/OR/CA commercial passenger fishing vessel .........
684
>7,000 (2,702
AK)
HI charter vessel ..................................................................
LIVE FINFISH/SHELLFISH FISHERIES:
CA nearshore finfish live trap/hook-and-line .......................
114
93
Marine mammal species and stocks incidentally
killed or injured
None documented.
Killer whale, 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; 1 Fishery classified based on mortalities and serious injuries of this stock, which are greater than or equal to 50 percent (Category I)
or greater than 1 percent and less than 50 percent (Category II) of the stock’s PBR; 2 Fishery classified by analogy; * Fishery has an associated
high seas component listed in Table 3; ∧ 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 ...........................................................
mstockstill on DSK4VPTVN1PROD with RULES
GILLNET FISHERIES:
Mid-Atlantic gillnet ................................................................
4,375
TRAP/POT FISHERIES:
Northeast/Mid-Atlantic American lobster trap/pot ................
11,693
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.
Risso’s dolphin, WNA.
Short-finned Pilot whale, WNA.
White-sided dolphin, WNA.
Harbor seal, WNA.
Humpback whale, Gulf of Maine.
Minke whale, Canadian east coast.
North Atlantic right whale, WNA.1
LONGLINE FISHERIES:
VerDate Mar<15>2010
18:23 Mar 13, 2014
Jkt 232001
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
E:\FR\FM\14MRR1.SGM
14MRR1
14432
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN—
Continued
Estimated
number of
vessels;
persons
Fishery description
Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics
longline *.
420
Marine mammal species and stocks incidentally
killed or injured
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 .....................................................
631
Northeast mid-water trawl (including pair trawl) ..................
1,103
Northeast bottom trawl ........................................................
mstockstill on DSK4VPTVN1PROD with RULES
GILLNET FISHERIES:
Chesapeake Bay inshore gillnet 2 ........................................
Gulf of Mexico gillnet 2 .........................................................
2,987
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
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, Central FL coastal.
Bottlenose dolphin, Northern FL coastal.
Bottlenose dolphin, SC/GA coastal.
Bottlenose dolphin, Southern Migratory coastal.
Bottlenose dolphin, Central FL coastal.1
Bottlenose dolphin, Northern FL coastal.
North Atlantic right whale, WNA.
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.
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
E:\FR\FM\14MRR1.SGM
14MRR1
14433
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
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
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl ....
4,950
Atlantic spotted dolphin, GMX continental and oceanic.
Bottlenose dolphin, Eastern GMX coastal.1
Bottlenose dolphin, GMX bay, sound, estuarine.1
Bottlenose dolphin, GMX continental shelf.
Bottlenose dolphin, Northern GMX coastal.
Bottlenose dolphin, SC/GA coastal.1
Bottlenose dolphin, Western GMX coastal.1
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
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, Central FL coastal.1
Bottlenose dolphin, Charleston estuarine system.1
Bottlenose dolphin, Indian River Lagoon estuarine system.1
Bottlenose dolphin, Jacksonville estuarine system.1
Bottlenose dolphin, Northern FL coastal.1
Bottlenose dolphin, Northern GA/Southern SC estuarine system.1
Bottlenose dolphin, Northern Migratory coastal.1
Bottlenose dolphin, Northern NC estuarine system.1
Bottlenose dolphin, SC/GA coastal.1
Bottlenose dolphin, Southern GA estuarine system.1
Bottlenose dolphin, Southern Migratory coastal.1
Bottlenose dolphin, Southern NC estuarine system1
West Indian manatee, FL.1
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 .......................................................................
13
Bottlenose dolphin, Northern Migratory coastal.1
67
Bottlenose dolphin, Northern NC estuarine system.
Bottlenose dolphin, Southern Migratory coastal.1
Bottlenose dolphin, Southern NC estuarine system.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 Migratory coastal.1
Northern NC estuarine system.1
Southern Migratory coastal.1
Northern NC estuarine system.1
Southern NC estuarine system.
mstockstill on DSK4VPTVN1PROD with RULES
CATEGORY III
GILLNET FISHERIES:
Caribbean gillnet ..................................................................
DE River inshore gillnet .......................................................
Long Island Sound inshore gillnet .......................................
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 .............................................
>991
unknown
unknown
unknown
None
None
None
None
unknown
None documented.
>58
2
Gulf of Mexico mixed species trawl .....................................
GA cannonball jellyfish trawl ...............................................
MARINE AQUACULTURE FISHERIES:
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
PO 00000
Frm 00067
20
1
Fmt 4700
Sfmt 4700
documented
documented
documented
documented
in
in
in
in
the
the
the
the
most
most
most
most
recent
recent
recent
recent
5
5
5
5
years
years
years
years
of
of
of
of
data.
data.
data.
data.
None documented.
Bottlenose dolphin, Northern GMX oceanic.
Bottlenose dolphin, Northern GMX continental shelf.
None documented.
Bottlenose dolphin, Southern South Carolina/Georgia.
E:\FR\FM\14MRR1.SGM
14MRR1
14434
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
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
Finfish aquaculture ..............................................................
Shellfish aquaculture ...........................................................
PURSE SEINE FISHERIES:
Gulf of Maine Atlantic herring purse seine ..........................
48
unknown
Gulf of Maine menhaden purse seine .................................
FL West Coast sardine purse seine ....................................
U.S. Atlantic tuna purse seine * ...........................................
>2
10
5
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 ......................................................
>7
>1,207
428
>5,000
<125
1,446
unknown
Harbor seal, WNA.
Gray seal, WNA.
None documented.
Bottlenose dolphin, Eastern GMX coastal.
Long-finned pilot whale, WNA.
Short-finned pilot whale, WNA.
None documented.
Bottlenose dolphin, WNA offshore.
Humpback whale, Gulf of Maine.
Bottlenose dolphin, GMX continental shelf.
Bottlenose dolphin, Eastern GMX coastal.
Bottlenose dolphin, Northern GMX continental shelf.
None documented.
None documented.
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.
mstockstill on DSK4VPTVN1PROD with RULES
Gulf of Mexico blue crab trap/pot ........................................
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, Eastern GMX coastal.
Bottlenose dolphin, GMX bay, sound, estuarine.
Bottlenose dolphin, Northern GMX coastal.
Bottlenose dolphin, Western GMX coastal.
West Indian manatee, FL.
None documented.
None documented.
unknown
None documented.
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 ......................
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:
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
PO 00000
Frm 00068
>501
>197
1,268
Harbor seal, WNA.
None documented.
>1
2,600
unknown
9
Gray seal, WNA.
Harbor porpoise, GME/BF.
Harbor seal, WNA.
Minke whale, Canadian east coast.
Atlantic white-sided dolphin, WNA.
None documented.
Bottlenose dolphin, Northern NC estuarine system.
None documented.
unknown
>403
7,000
unknown
None
None
None
None
documented.
documented.
documented.
documented.
15
unknown
25
None documented in the most recent 5 years of data.
None documented.
None documented.
20,000
None documented.
unknown
unknown
None documented.
None documented.
Fmt 4700
Sfmt 4700
E:\FR\FM\14MRR1.SGM
14MRR1
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
14435
TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN—
Continued
Estimated
number of
vessels;
persons
Fishery description
Atlantic Ocean, Gulf of Mexico, Caribbean commercial
passenger fishing vessel.
Marine mammal species and stocks incidentally
killed or injured
4,000
Bottlenose
Bottlenose
Bottlenose
Bottlenose
Bottlenose
Bottlenose
Bottlenose
Bottlenose
Bottlenose
Bottlenose
Bottlenose
Bottlenose
Bottlenose
Bottlenose
Bottlenose
dolphin,
dolphin,
dolphin,
dolphin,
dolphin,
dolphin,
dolphin,
dolphin,
dolphin,
dolphin,
dolphin,
dolphin,
dolphin,
dolphin,
dolphin,
Biscayne Bay estuarine.
Central FL coastal.
Eastern GMX coastal.
GMX bay, sound, estuarine.
Indian River Lagoon estuarine system.
Jacksonville estuarine system.
Northern FL coastal.
Northern GA/Southern SC estuarine.
Northern GMX coastal.
Northern migratory coastal.
Northern NC estuarine.
Southern migratory coastal.
Southern NC estuarine system.
Southern SC/GA coastal.
Western GMX coastal.
List of Abbreviations and Symbols Used in Table 2: DE—Delaware; FL—Florida; GA—Georgia; GME/BF—Gulf of Maine/Bay of Fundy; GMX—
Gulf of Mexico; MA—Massachusetts; NC—North Carolina; SC—South Carolina; VA—Virginia; WNA—Western North Atlantic; 1 Fishery classified
based on mortalities and serious injuries of this stock, which are greater than or equal to 50 percent (Category I) or greater than 1 percent and
less than 50 percent (Category II) of the stock’s PBR; 2 Fishery classified by analogy; * 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 * ......................................
84
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.
Risso’s dolphin, WNA.
Short-finned pilot whale, WNA.
Bottlenose dolphin, HI Pelagic.
False killer whale, HI Pelagic.
Pantropical spotted dolphin, HI.
Risso’s dolphin, HI.
Short-finned pilot whale, HI.
Sperm whale, HI.
Striped dolphin, HI.
Category II
mstockstill on DSK4VPTVN1PROD with RULES
DRIFT GILLNET FISHERIES:
Atlantic Highly Migratory Species ........................................
Pacific Highly Migratory Species * ∧ .....................................
1
4
1
0
0
TRAWL FISHERIES:
Atlantic Highly Migratory Species ** ....................................
CCAMLR ..............................................................................
Western Pacific Pelagic .......................................................
PURSE SEINE FISHERIES:
South Pacific Tuna Fisheries ...............................................
Western Pacific Pelagic .......................................................
LONGLINE FISHERIES:
CCAMLR ..............................................................................
South Pacific Albacore Troll ................................................
VerDate Mar<15>2010
18:29 Mar 13, 2014
Jkt 232001
PO 00000
Frm 00069
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.
Undetermined.
Antarctic fur seal.
Undetermined.
40
3
0
13
Fmt 4700
Undetermined.
Undetermined.
None documented.
Undetermined.
Sfmt 4700
E:\FR\FM\14MRR1.SGM
14MRR1
14436
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS—Continued
Number of
HSFCA
permits
Fishery description
South Pacific Tuna Fisheries ** ...........................................
Western Pacific Pelagic (HI Shallow-set component) * ∧ .....
Marine mammal species and stocks incidentally killed
or injured
8
28
3
46
9
5
Undetermined.
Undetermined.
Undetermined.
Undetermined.
4
33
2
19
Undetermined.
Undetermined.
Undetermined.
Undetermined.
3
1
1
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 .......................................................
Undetermined.
Blainville’s beaked whale, HI.
Bottlenose dolphin, HI Pelagic.
False killer whale, HI Pelagic.
Humpback whale, Central North Pacific.
Kogia sp. whale (Pygmy or dwarf sperm whale), HI.
Risso’s dolphin, HI.
Short-beaked common dolphin, CA/OR/WA.
Short-finned pilot whale, HI
Striped dolphin, HI.
Undetermined.
Undetermined.
Undetermined.
Category III
LONGLINE FISHERIES:
Pacific Highly Migratory Species * .......................................
PURSE SEINE FISHERIES
Pacific Highly Migratory Species * ∧ .....................................
TROLL FISHERIES:
Pacific Highly Migratory Species * ∧ .....................................
101
None documented in the most recent 5 years of data.
8
None documented.
262
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 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.
TABLE 4—FISHERIES AFFECTED BY TAKE REDUCTION TEAMS AND PLANS
Take reduction plans
Affected fisheries
mstockstill on DSK4VPTVN1PROD with RULES
Atlantic Large Whale Take Reduction Plan (ALWTRP)—50 CFR 229.32
VerDate Mar<15>2010
18:23 Mar 13, 2014
Jkt 232001
PO 00000
Frm 00070
Fmt 4700
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.∧
Sfmt 4700
E:\FR\FM\14MRR1.SGM
14MRR1
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
14437
TABLE 4—FISHERIES AFFECTED BY TAKE REDUCTION TEAMS AND PLANS—Continued
Take reduction plans
Affected fisheries
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.
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 I:
CA thresher shark/swordfish drift gillnet (≥14 in mesh).
Take reduction teams
Affected Fisheries
Atlantic Trawl Gear Take Reduction Team (ATGTRT) ............................
Category II:
Mid-Atlantic bottom trawl.
Mid-Atlantic mid-water trawl (including pair trawl).
Northeast bottom trawl.
Northeast mid-water trawl (including pair trawl).
* Only applicable to the portion of the fishery operating in U.S. waters;
∧Only applicable to the portion of the fishery operating in the Atlantic Ocean.
mstockstill on DSK4VPTVN1PROD with RULES
Classification
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA) at
the proposed rule stage that this rule
would not have a significant economic
impact on a substantial number of small
entities. No comments were received on
that certification, and no new
information has been discovered to
change that conclusion. Accordingly, no
regulatory flexibility analysis is
required, and none has been prepared.
This rule contains collection-ofinformation 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 mortalities or
injuries has been approved by OMB
under OMB control number 0648–0292
(0.15 hours per report). These estimates
VerDate Mar<15>2010
18:23 Mar 13, 2014
Jkt 232001
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 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.
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
commercial fisheries on the LOF in
December 2005. The 1995 EA, 2005 EA,
and 2014 EA concluded that
implementation of MMPA section 118
regulations would not have a significant
impact on the human environment. This
rule would not make any significant
change in the management of
reclassified fisheries; therefore, this rule
is not expected to change the analysis or
conclusion of the 2014 EA. 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 rule will 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 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
E:\FR\FM\14MRR1.SGM
14MRR1
14438
Federal Register / Vol. 79, No. 50 / Friday, March 14, 2014 / Rules and Regulations
[Docket No. 131021878–4158–02]
catcher vessels less than 60 feet (18.3 m)
LOA using jig or hook-and-line gear in
the Bogoslof Pacific cod exemption area.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
RIN 0648–XD175
Classification
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Less Than 60 feet
(18.3 Meters) Length Overall Using Jig
or Hook-and-Line Gear in the Bogoslof
Pacific Cod Exemption Area in the
Bering Sea and Aleutian Islands
Management Area
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as
such requirement is impracticable and
contrary to the public interest. This
requirement is impracticable and
contrary to the public interest as it
would prevent NMFS from responding
to the most recent fisheries data in a
timely fashion and would delay the
directed fishery closure of Pacific cod
by catcher vessels less than 60 feet (18.3
m) LOA using jig or hook-and-line gear
in the Bogoslof Pacific cod exemption
area. NMFS was unable to publish a
notice providing time for public
comment because the most recent,
relevant data only became available as
of March 10, 2014.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.22
and is exempt from review under
Executive Order 12866.
TRP, NMFS would consult under ESA
section 7 on that action.
This rule will have no adverse
impacts on marine mammals and may
have a positive impact on marine
mammals by improving knowledge of
marine mammals and the fisheries
interacting with marine mammals
through information collected from
observer programs, stranding and
sighting data, or take reduction teams.
This rule will 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.
DEPARTMENT OF COMMERCE
References
AGENCY:
Allen, B.M. and R.P. Angliss, editors. 2013.
Alaska Marine Mammal Stock
Assessments, 2013 (Draft). NOAA Tech.
Memo. NMFS–AFSC–xxx. 261 p.
Available at: https://www.nmfs.noaa.gov/
pr/sars/pdf/ak2013_draft.pdf.
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.
2013. U.S. Pacific Marine Mammal Stock
Assessments: 2013 (Draft). NOAA
Technical Memorandum NOAA–TM–
NMFS–SWFSC–xxx. 306 p. Available at:
https://www.nmfs.noaa.gov/pr/sars/pdf/
po2013_draft.pdf.
Waring, G.T., E. Josephson, K. Maze-Foley,
and P.E. Rosel, editors. 2013. Draft U.S.
Atlantic and Gulf of Mexico Marine
Mammal Stocks Assessments, 2013.
NOAA Technical Memorandum NOAA–
NE–xxx. 543 p. Available at: https://
www.nmfs.noaa.gov/pr/sars/pdf/
ao2013_draft.pdf.
NMFS. 2012. NOAA Fisheries Policy
Directive 02–038–01 Process for Injury
Determinations (01/27/12). Available at:
https://www.nmfs.noaa.gov/pr/pdfs/
serious_injury_policy.pdf.
Dated: March 6, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014–05576 Filed 3–13–14; 8:45 am]
mstockstill on DSK4VPTVN1PROD with RULES
BILLING CODE 3510–22–P
VerDate Mar<15>2010
17:05 Mar 13, 2014
Jkt 232001
National Oceanic and Atmospheric
Administration
50 CFR Part 679
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
less than 60 feet (18.3 meters (m)) length
overall (LOA) using jig or hook-and-line
gear in the Bogoslof Pacific cod
exemption area of the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the limit of Pacific
cod for catcher vessels less than 60 feet
(18.3 m) LOA using jig or hook-and-line
gear in the Bogoslof Pacific cod
exemption area in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), March 11, 2014, through
2400 hrs, A.l.t., December 31, 2014.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
In accordance with
§ 679.22(a)(7)(i)(C)(2), the
Administrator, Alaska Region, NMFS
(Regional Administrator), has
determined that 113 metric tons of
Pacific cod have been caught by catcher
vessels less than 60 feet (18.3 m) LOA
using jig or hook-and-line gear in the
Bogoslof exemption area described at
§ 679.22(a)(7)(i)(C)(1). Consequently, the
Regional Administrator is prohibiting
directed fishing for Pacific cod by
SUMMARY:
PO 00000
Frm 00072
Fmt 4700
Sfmt 9990
Authority: 16 U.S.C. 1801 et seq.
Dated: March 11, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–05648 Filed 3–11–14; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\14MRR1.SGM
14MRR1
]]>Agencies
[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Rules and Regulations]
[Pages 14418-14438]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05576]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 131017871-4175-02]
RIN 0648-BD72
List of Fisheries for 2014
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Marine Fisheries Service (NMFS) publishes its
final List of Fisheries (LOF) for 2014, as required by the Marine
Mammal Protection Act (MMPA). The final LOF for 2014 reflects new
information on interactions between commercial fisheries and marine
mammals. NMFS must classify each commercial fishery on the LOF into one
of three categories under the MMPA based upon the level of mortality
and serious injury of marine mammals that occurs incidental to each
[[Page 14419]]
fishery. The classification of a fishery on the LOF determines whether
participants in that fishery are subject to certain provisions of the
MMPA, such as registration, observer coverage, and take reduction plan
(TRP) requirements.
DATES: This final rule is effective April 14, 2014.
ADDRESSES: Comments regarding the burden-hour estimates, or any other
aspect of the collection of information requirements contained in this
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 the Office of
Information and Regulatory Affairs at OIRA_submissions@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Lisa White, Office of Protected
Resources, 301-427-8494; Allison Rosner, Greater Atlantic Region, 978-
281-9328; Jessica Powell, Southeast Region, 727-824-5312; Elizabeth
Petras, West Coast Region (CA), 562-980-3238; Brent Norberg, West Coast
Region (WA/OR), 206-526-6550; Kim Rivera, Alaska Region, 907-586-7424;
Nancy Young, Pacific Islands Region, 808-725-5156. Individuals who use
a telecommunications device for the hearing impaired may call the
Federal Information Relay Service at 1-800-877-8339 between 8 a.m. and
4 p.m. Eastern time, Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
What is the list of fisheries?
Section 118 of the MMPA requires NMFS to place all U.S. commercial
fisheries into one of three categories based on the level of incidental
mortality and serious injury of marine mammals occurring in each
fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the
LOF determines whether participants in that fishery may be required to
comply with certain provisions of the MMPA, such as registration,
observer coverage, and take reduction plan requirements. NMFS must
reexamine the LOF annually, considering new information in the Marine
Mammal Stock Assessment Reports (SARs) and other relevant sources, and
publish in the Federal Register any necessary changes to the LOF after
notice and opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)).
How does NMFS determine in which category a fishery is placed?
The definitions for the fishery classification criteria can be
found in the implementing regulations for section 118 of the MMPA (50
CFR 229.2). The criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all
fisheries on each marine mammal stock and then addresses the impact of
individual fisheries on each stock. This approach is based on
consideration of the rate, in numbers of animals per year, of
incidental mortalities and serious injuries of marine mammals due to
commercial fishing operations relative to the potential biological
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C.
1362 (20)) defines the PBR level as the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal
stock while allowing that stock to reach or maintain its optimum
sustainable population. This definition can also be found in the
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
Tier 1: If the total annual mortality and serious injury of a
marine mammal stock, across all fisheries, is less than or equal to 10
percent of the PBR level of the stock, all fisheries interacting with
the stock will be placed in Category III (unless those fisheries
interact with other stock(s) 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 injury 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
injury 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 injury 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 mortalities or injuries of marine
mammals, or fisheries that did not result in a mortality and serious
injury rate greater than 1 percent of a stock's PBR level based on
known interactions. NMFS has classified these fisheries by analogy to
other Category I or II fisheries that use similar fishing techniques or
gear that are known to cause mortality or serious injury of marine
mammals, or according to factors discussed in the final LOF for 1996
(60 FR 67063, December 28, 1995) and listed in the regulatory
definition of a Category II fishery: ``In the absence of reliable
information indicating the frequency of incidental mortality and
serious injury of marine mammals by a commercial fishery, NMFS will
determine whether the incidental mortality or serious injury is
`frequent,' `occasional,' or `remote' by evaluating other factors such
as fishing techniques, gear used, methods used to deter marine mammals,
target species, seasons and areas fished, qualitative data from
logbooks or 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. The list of
species or stocks incidentally killed or injured includes ``serious''
and ``non-serious'' documented injuries as described later in the List
of Species or Stocks Incidentally Killed or Injured in the Pacific
Ocean and the Atlantic Ocean,
[[Page 14420]]
Gulf of Mexico, and Caribbean sections. To determine which species or
stocks are included as incidentally killed or injured in a fishery,
NMFS annually reviews the information presented in the current SARs.
The SARs are based upon the best available scientific information and
provide the most current and inclusive information on each stock's PBR
level and level of interaction with commercial fishing operations. The
best available scientific information used in the SARs reviewed for the
2014 LOF generally summarizes data from 2007-2011. NMFS also reviews
other sources of new information, including observer data, stranding
data, and fisher self-reports from that time period.
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 and may rely on data outside the 5-year
(2007-2011) SAR data period.
Where does NMFS obtain information on the level of observer coverage in
a fishery on the LOF?
The best available information on the level of observer coverage
and the spatial and temporal distribution of observed marine mammal
interactions is presented in the SARs. Data obtained from the observer
program and observer coverage levels are important tools in estimating
the level of marine mammal mortality and serious injury in commercial
fishing operations. Starting with the 2005 SARs, each SAR includes an
appendix with detailed descriptions of each Category I and II fishery
on the LOF, including the observer coverage in those fisheries. The
SARs 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 and
other resources referenced during the tier analysis may include: level
of observer coverage, target species, levels of fishing effort, spatial
and temporal distribution of fishing effort, characteristics of fishing
gear and operations, management and regulations, and interactions with
marine mammals. Copies of the SARs are available on the NMFS Office of
Protected Resources Web site at: https://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: https://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: https://www.st.nmfs.gov/st4/nop/.
How do I find out if a specific fishery is in category I, II, or III?
This 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 (TRTs).
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: https://www.nmfs.noaa.gov/pr/interactions/lof/, linked to the ``List of Fisheries by Year'' table.
NMFS plans to 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 2015 LOF, although this timeline may be revised as this effort
progresses.
[[Page 14421]]
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
mortality/injury 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, West Coast, and Alaska regions, NMFS will issue
vessel or gear owners an authorization certificate and/or mortality/
injury 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 mortality/injury reporting forms by
contacting the NMFS Northeast Regional Office at 978-281-9328 or by
visiting the Northeast Regional Office Web site (https://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 mortality/
injury reporting form by contacting the Southeast Regional Office at
727-209-5952 or by visiting the Southeast Regional Office Web site
(https://sero.nmfs.noaa.gov/pr/mm/mmap.htm) and following the
instructions for printing the necessary documents. Mortality/injury
forms are also available online at https://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reporting_form.pdf.
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 Alaska and 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
Pacific Islands regional fisheries, vessel or gear owners receive an
authorization certificate by January 1 for state fisheries and with
their permit renewal for federal fisheries. In West Coast 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 (https://sero.nmfs.noaa.gov/pr/mm/mmap.htm) to print their own certificate.
Am I required to submit reports when I kill or injure a marine mammal
during the course of commercial fishing operations?
In accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6,
any vessel owner or operator, or gear owner or operator (in the case of
non-vessel fisheries), participating in a fishery listed on the LOF
must report to NMFS all incidental mortalities and injuries of marine
mammals that occur during commercial fishing operations, regardless of
the category in which the fishery is placed (I, II, or III) within 48
hours of the end of the fishing trip. ``Injury'' is defined in 50 CFR
229.2 as a wound or other physical harm. In addition, any animal that
ingests fishing gear or any animal that is released with fishing gear
entangling, trailing, or perforating any part of the body is considered
injured, regardless of the presence of any wound or other evidence of
injury, and must be reported. Mortality/injury reporting forms and
instructions for submitting forms to NMFS can be downloaded from:
https://www.nmfs.noaa.gov/pr/pdfs/interactions/mmap_reporting_form.pdf
or by contacting the appropriate Regional office (see ADDRESSES). Forms
may be faxed directly to the NMFS Office of Protected Resources at 301-
713-4060 or 301-713-0376. 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 may not be required
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 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:
https://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
Program, including registration procedures and forms, current and past
LOFs, information on each Category I
[[Page 14422]]
and II fishery, observer requirements, and marine mammal mortality/
injury reporting forms and submittal procedures, may be obtained at:
https://www.nmfs.noaa.gov/pr/interactions/lof/, or from any NMFS
Regional Office at the addresses listed below:
NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930-2298, Attn: Allison Rosner;
NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL
33701, Attn: Jessica Powell;
NMFS, West Coast Region, Long Beach Office, 501 W. Ocean Blvd.,
Suite 4200, Long Beach, CA 90802-4213, Attn: Elizabeth Petras;
NMFS, West Coast Region, Seattle Office, 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: Kim Rivera; or
NOAA/IRC, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn:
NMFS/PIRO/PRD/Nancy Young.
Sources of Information Reviewed for the Final 2014 LOF
NMFS reviewed the marine mammal incidental mortality and serious
injury information presented in the SARs for all fisheries to determine
whether changes in fishery classification are warranted. The SARs are
based on the best scientific information available at the time of
preparation, including the level of mortality and serious injury of
marine mammals that occurs incidental to commercial fishery operations
and the PBR levels of marine mammal stocks. The information contained
in the SARs is reviewed by regional Scientific Review Groups (SRGs)
representing Alaska, the Pacific (including Hawaii), and the U.S.
Atlantic, Gulf of Mexico, and Caribbean. The SRGs were 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 through the Marine Mammal Authorization Program, reports to the
SRGs, conference papers, FMPs, and ESA documents.
The LOF for 2014 was based on, among other things, information
provided in the NEPA and ESA documents analyzing authorized high seas
fisheries; stranding data; fishermen self-reports through the MMAP; and
SARs, primarily the draft 2013 SARs, which are generally based on data
from 2007-2011. The final SARs referenced in this LOF include: 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), 2011 (77
FR 29969, May 21, 2012); and 2012 (78 FR 19446, April, 1 2013) and the
draft SAR for 2013 (78 FR 66681, November 6, 2013). The SARs are
available at: https://www.nmfs.noaa.gov/pr/sars/.
Comments and Responses
NMFS received three comment letters on the proposed LOF for 2014
(78 FR 73477, December 6, 2013). Comments were received from the U.S.
Department of the Interior (DOI), Hawaii Longline Association (HLA),
and Washington Department of Fish and Wildlife (WDFW). Comments on
issues outside of the scope of the LOF were noted, but generally
without response.
Comments on Commercial Fisheries in the Pacific Ocean
Comment 1: DOI provided fishery description information and marine
mammal incidental interaction data for the CA Dungeness crab pot
fishery. The Redwood National and State Parks wildlife observation/
beach carcass database has 12 reports of dead whales since 1994. Whale
species in the database include: gray, humpback, and fin whales. No
known causes of death were attributed to the strandings.
Response: NMFS acknowledges this comment.
Comment 2: The WDFW recommends NMFS update the estimated number of
vessels/persons for the WA salmon purse seine fishery to 75 and for the
WA salmon reef net fishery to 11, based on the number of current WA
State licenses issued for the respective fisheries.
Response: NMFS acknowledges the comment and revises the estimated
number of vessels/persons from 440 to 75 for the WA salmon purse seine
fishery and from 53 to 11 for the WA salmon reef net fishery.
Comment 3: The HLA supports the proposed change that indicates the
Main Hawaiian Islands (MHI) insular false killer whale is not a basis
for the Hawaii-based deep-set longline fishery's Category I
classification.
Response: NMFS acknowledges this comment and is finalizing the
proposed change to remove the superscript following the MHI insular
false killer whale, to indicate that the stock does not drive the
fishery's Category I classification.
Comment 4: HLA contends that the Hawaii-based deep-set longline
fishery does not interact with MHI insular false killer whales, and
that the regulations implementing the False Killer Whale Take Reduction
Plan have eliminated the likelihood of any theoretical future
interactions between the fishery and the MHI insular false killer whale
stock. HLA opposes including the stock on the list of marine mammals
injured or killed in the deep-set fishery.
Response: NMFS determines which species or stocks are included as
incidentally killed or injured in a fishery by annually reviewing the
information presented in the current SARs, among other relevant
sources. The SARs are based on the best available scientific
information and provide the most current and inclusive information on
each stock, including range, abundance, PBR, and level of interaction
with commercial fishing operations. The LOF does not duplicate the
analyses or evaluation of the data and calculations contained within
the SARs.
The 2014 LOF is based on the draft 2013 SARs, which include data
from 2007-2011. The draft 2013 SAR for false killer whales indicates
that an average of 0.1 mortalities or serious injuries of MHI insular
false killer whales occurred each year incidental to the Hawaii-based
deep-set longline fishery from 2007-2011 (Carretta et al., 2013).
Because the estimate of mortality and serious injury for the stock in
this fishery is greater than zero for the period of time covered by the
2014 LOF, the stock is being retained on the list of marine mammal
stocks incidentally killed or injured in the fishery. For a more
complete analysis of the methodology for determining mortality and
serious injury of MHI insular false killer whales, the commenter is
referred to the draft 2013 SAR.
As noted above, the most recent data used to inform the 2014 LOF
are from 2011. The False Killer Whale Take Reduction Plan (77 FR 71260)
was published on November 29, 2012, and its implementing regulations
went into effect on December 31, 2012 and February 27, 2013. False
killer whale mortality and serious injury estimates in the Hawaii-based
deep-set longline fishery for 2012 and 2013 have not yet been finally
evaluated or published in a SAR and, therefore, could not be considered
for the 2014 LOF. Any changes in the false killer whale mortality and
serious injury estimate that may result from the Take Reduction Plan
will be evaluated in a future SAR and will be considered in a future
LOF.
[[Page 14423]]
Comment 5: HLA supports the proposed removal of all ``unknown''
stocks from the list of marine mammals incidentally injured or killed
in the Hawaii deep-set and shallow-set longline fisheries on Table 3.
Response: NMFS acknowledges this comment and is finalizing the
removal of all ``unknown'' stocks of species injured or killed in the
Hawaii deep-set and shallow-set longline fisheries on Table 3.
Comment 6: The HLA opposes the continued inclusion of short-finned
pilot whales on the list of species injured or killed in the Hawaii
shallow-set longline fishery because it is not supported by the
available data. HLA states that, in the absence of data confirming that
the fishery is interacting with short-finned pilot whales, NMFS may not
add the species to the list of species or stocks that are incidentally
killed or injured by the fishery.
Response: The draft 2013 SAR for the Hawaii stock of short-finned
pilot whales states that two unidentified cetaceans, known to be either
false killer whales or short-finned pilot whales (i.e., ``blackfish''),
were observed seriously injured in the shallow-set longline fishery on
the high seas from 2007-2011 (Carretta et al., 2013). When the species
of a blackfish cannot be positively identified, NMFS prorates the
interaction to each stock based on distance from shore (McCracken,
2010). Until all animals that are taken can be identified to either
species (e.g., using photos, tissue samples), this prorating approach
constitutes the best available information and ensures that potential
impacts to all species and stocks are assessed. Based on this approach,
the estimated average annual mortality and serious injury of short-
finned pilot whales in the fishery on the high seas is 0.1 (Carretta et
al., 2013). Therefore, NMFS is retaining short-finned pilot whales on
the list of species or stocks that are incidentally killed or injured
by the fishery.
Comment 7: HLA notes that for fisheries that operate both in the
U.S. EEZ and on the high seas, marine mammal species for which an
interaction has occurred in either the EEZ or the high seas are
included on the lists of species injured or killed in both the EEZ and
the high seas (i.e., on both Tables 1 or 2 and Table 3). This results
in a mistaken implication that a given fishery may interact with a
certain species in one geographic area (e.g., within the EEZ) when that
fishery has only been observed to interact with the species in another
geographic area (e.g., on the high seas). HLA requests that NMFS
correct the LOF to attribute species interactions in transboundary
fisheries to only those geographic regions where interactions are
actually observed. This change would not result in underreporting of
species injured or killed, but would avoid the arbitrary result of
takes being attributed to fisheries in areas in which no take has ever
been observed.
Response: As described in the preamble, NMFS has included high seas
fisheries in Table 3 of the LOF since 2009. Several 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. For these fisheries, the lists of species or stocks injured or
killed in Table 3 are identical to their Table 1 or 2 counterparts,
except for those species or stocks with distributions known to occur on
only one side of the EEZ boundary. Because the fisheries and the marine
mammal lists are the same, takes of these animals are not being
attributed to one geographic area or the other, even when that
information may be available. The take is attributed to the specific
fishery with the marine mammal interaction. This parallel list
structure is explained in the footnotes for each table.
Comments on Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico,
and Caribbean
Comment 8: DOI recommends that NMFS remove the Florida stock of the
West Indian manatee from the list of species/stocks incidentally killed
or injured in the Category II, Southeastern U.S. Atlantic, Gulf of
Mexico shrimp trawl fishery. FWS notes that there have been no Florida
manatee mortalities or serious injuries in this fishery since 1988.
Response: NMFS acknowledges this comment and corrects a
typographical error which inadvertently left the Florida stock of the
West Indian manatee on the list of species/stocks incidentally killed
or injured in the Southeastern U.S. Atlantic, Gulf of Mexico shrimp
trawl fishery. NMFS removed Florida stock of the West Indian manatee in
the final rule for the 2013 LOF (78 FR 53345).
Comment 9: DOI recommends that NMFS remove the Florida stock of the
West Indian manatee from the list of species/stocks incidentally killed
or injured in the Category II Atlantic blue crab trap/pot fishery. FWS
notes between 1982 and 2012 there have been 12 serious injuries and no
deaths of Florida manatees in the Atlantic blue crab trap/pot fishery.
For the most recent five-year period of record (2008-2012) four
manatees were seriously injured (0.8 manatees per year).
Response: NMFS finds the inclusion of the Florida stock of West
Indian manatee on the list of species/stocks incidentally killed or
injured in the Atlantic blue crab trap/pot fishery to be appropriate,
with the superscript reference, because three serious injuries have
been documented in the most recent five-year period. In the draft 2013
SARs, the PBR for the West Indian manatee was 14.98, and 3 serious
injuries (0.6 manatee per year) were reported from 2007-2011 in
Atlantic blue crab pot gear, 4% (0.6/14.98) of the stock's PBR. The DOI
comment letter notes that 4 serious injuries (0.8 manatee per year)
were reported from 2008-2012, which brings annual M/SI to 5% of PBR
(0.8/14.98).
Comment 10: DOI recommends NMFS consider adding the Inland Coastal
Georgia, Northeastern Coastal Florida bait shrimp trawl fishery as a
Category III fishery on the LOF. During the period from 1989 to 2005,
four manatees were killed in the Inland Coastal Georgia, Northeastern
Coastal Florida bait shrimp trawl fishery. There have been no Florida
manatee mortalities or serious injuries in this fishery since 2005.
Response: The Inland Coastal Georgia, Northeastern Coastal Florida
bait shrimp fishery is categorized as part of the Southeastern U.S.
Atlantic, Gulf of Mexico shrimp trawl fishery on the List of Fisheries.
NMFS appreciates and notes the specific mortality and serious injury
data. Since no mortalities or serious injuries have been documented in
the most recent five-year period (2007-2011), the Florida stock of West
Indian manatees will not be added to the list of species or stocks
incidentally killed or injured by the Southeastern U.S. Atlantic, Gulf
of Mexico shrimp trawl fishery.
Summary of Changes From the Proposed Rule
NMFS updates the estimated number of vessels/persons in the ``WA
salmon purse seine'' fishery from 440 to 75.
NMFS updates the estimated number of vessels/persons in the ``WA
salmon reef net'' fishery from 53 to 11.
NMFS corrects a typographical error and removes West Indian manatee
(FL) from the list of species/stock incidentally killed or injured in
the ``Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl''
fishery.
[[Page 14424]]
Summary of Changes to the LOF for 2014
The following summarizes changes to the LOF for 2014 in the
estimated number of vessels/persons in a particular fishery and the
species or stocks that are incidentally killed or injured in a
particular fishery. The LOF for 2014 has no changes to fishery
classifications or to fisheries that are subject to a take reduction
plan. The classifications and definitions of U.S. commercial fisheries
for 2014 are identical to those provided in the LOF for 2013 with the
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
Number of Vessels/Persons
NMFS updates the estimated number of vessels/persons in the
commercial fisheries operating in the Pacific Ocean as follows:
NMFS updates the estimated number of vessels/persons in the ``CA
thresher shark/swordfish drift gillnet (>=14 in mesh)'' fishery from 25
to 19.
NMFS updates the estimated number of vessels/persons in the ``CA
spot prawn pot'' fishery from 27 to 28.
NMFS updates the estimated number of vessels/persons in the ``CA
Dungeness crab pot'' fishery from 534 to 570.
NMFS updates the estimated number of vessels/persons in the ``CA
pelagic longline'' fishery from 6 to 1.
NMFS updates the estimated number of vessels/persons in the ``CA
coonstripe shrimp, rock crab, tanner crab pot/trap'' fishery from 305
to 203.
NMFS updates the estimated number vessels/persons in the ``CA spiny
lobster trap'' fishery from 225 to 198.
List of Species or Stocks Incidentally Killed or Injured in the Pacific
Ocean
NMFS updates the list of species or stocks incidentally killed or
injured by commercial fisheries operating in the Pacific Ocean as
follows:
NMFS adds minke whale (CA/OR/WA stock) to the list of species/
stocks incidentally killed or injured in the ``CA thresher shark and
swordfish drift gillnet'' fishery.
NMFS adds grey whale (Eastern North Pacific) to the list of
species/stocks incidentally killed or injured in the ``Bering Sea,
Aleutian Islands crab pot'' fishery.
NMFS changes the false killer whale stock name from ``HI Insular''
to ``MHI Insular'' on the list of species/stocks incidentally killed or
injured in the ``HI deep-set (tuna target) longline'' fishery and
removes the superscript ``1'' to indicate the stock is no longer
driving the fishery's Category I classification.
NMFS adds sperm whale (HI stock) to the list of species/stocks
incidentally killed or injured in the ``HI deep-set (tuna target)
longline'' fishery.
NMFS adds Blainville's beaked whale (HI stock) to the list of
species/stocks incidentally killed or injured in the ``HI shallow-set
(swordfish target) longline'' fishery.
NMFS adds Cuvier's beaked whale (unknown stock), short-finned pilot
whale (unknown stock), and bottlenose dolphin (unknown stock) to the
list of species/stocks incidentally killed or injured in the ``American
Samoa longline'' fishery.
Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean
List of Species or Stocks Incidentally Killed or Injured
NMFS updates the list of species or stocks incidentally killed or
injured by commercial fisheries operating in the Atlantic Ocean, Gulf
of Mexico, and Caribbean as follows:
NMFS adds several stocks to the list of species/stocks incidentally
killed or injured in the ``Atlantic Ocean, Gulf of Mexico, Caribbean
passenger vessel'' fishery. NMFS adds the following bottlenose dolphin
stocks: (1) Northern migratory coastal stock, (2) Southern migratory
coastal stock, (3) Southern South Carolina/Georgia coastal stock, (4)
Northern Florida coastal stock, (5) Central Florida coastal stock, (6)
Northern North Carolina estuarine stock, (7) Northern Georgia/Southern
South Carolina estuarine stock, (8) Jacksonville estuarine system
stock.
NMFS adds bottlenose dolphin (Western North Atlantic offshore
stock) to the list of species/stocks incidentally killed or injured in
the ``Gulf of Maine, U.S. Mid-Atlantic tuna, shark, swordfish hook-and-
line/harpoon'' fishery.
NMFS removes bottlenose dolphin (Western North Atlantic offshore
stock) from the list of species/stocks incidentally killed or injured
in the ``Mid-Atlantic mid-water trawl'' fishery.
Commercial Fisheries on the High Seas
Removal of Fisheries From the LOF
NMFS removes: (1) Category II Western Pacific pelagic ``pot
vessel,'' ``factory mothership,'' and ``multipurpose vessels not
elsewhere identified (NEI);'' (2) Category II Pacific highly migratory
species ``pot vessel'' and ``multipurpose vessels (NEI);'' (3) Category
II South Pacific albacore troll ``pot vessel'' and ``multipurpose
vessels (NEI);'' and (4) Category II Atlantic highly migratory species
``multipurpose vessels (NEI)'' fisheries from the LOF.
NMFS corrects a typographical mistake and removes the Category III
``Atlantic highly migratory species purse seine'' fisheries from the
LOF.
Number of Vessels/Persons
NMFS updates the estimated number of HSFCA permits for commercial
fisheries operating on the high seas as follows:
------------------------------------------------------------------------
Number of Number of
HSFCA permits HSFCA permits
Category High seas fishery (Final 2013 (Final 2014
LOF) LOF)
------------------------------------------------------------------------
I................... Atlantic highly 79 84
migratory species
longline.
II.................. Atlantic highly 2 1
migratory species
drift gillnet.
II.................. Atlantic highly 5 1
migratory species
trawl.
II.................. South Pacific tuna 38 40
fisheries purse
seine.
II.................. South Pacific 11 13
albacore troll
longline.
II.................. South Pacific tuna 10 8
fisheries
longline.
II.................. Pacific highly 40 46
migratory species
handline/pole and
line.
II.................. South Pacific 7 9
albacore troll
handline/pole and
line.
[[Page 14425]]
II.................. Western Pacific 6 5
pelagic handline/
pole and line.
II.................. Atlantic highly 5 4
migratory species
troll.
II.................. South Pacific 36 33
albacore troll.
II.................. South Pacific tuna 3 2
fisheries troll.
II.................. Western Pacific 22 19
pelagic troll.
II.................. Pacific highly 1 3
migratory species
liners nei.
III................. Pacific highly 96 101
migratory species
longline.
III................. Pacific highly 6 8
migratory species
purse seine.
III................. Pacific highly 263 262
migratory species
troll.
------------------------------------------------------------------------
List of Species or Stocks Incidentally Killed or Injured in High Seas
Fisheries
NMFS updates the list of species or stocks incidentally killed or
injured by commercial fisheries on the high seas as follows:
NMFS removes the following ``unknown'' stocks from the list of
species/stocks incidentally killed or injured in the Category I
``Western Pacific Pelagic longline (HI Deep-set component)'' fishery:
bottlenose dolphin, false killer whale, pantropical spotted dolphin,
Risso's dolphin, short-finned pilot whale, and striped dolphin.
NMFS adds sperm whale (HI stock) to the list of species/stocks
incidentally killed or injured in the Category I ``Western Pacific
Pelagic longline (HI Deep-set component)'' fishery.
NMFS removes the following ``unknown'' stocks from the list of
species/stocks incidentally killed or injured in the Category II
``Western Pacific Pelagic longline (HI Shallow-set component)''
fishery: bottlenose dolphin, Kogia sp. whale (pygmy or dwarf sperm
whale), Risso's dolphin, short-finned pilot whale, and striped dolphin.
NMFS adds false killer whale (HI Pelagic stock), short-beaked
common dolphin (CA/OR/WA), and Blainville's beaked whale (HI stock) to
the list of species/stocks incidentally killed or injured in the
Category II ``Western Pacific Pelagic longline (HI Shallow-set
component)'' fishery.
NMFS corrects a typographical error and removes pygmy sperm whale
(WNA stock) from the list of species/stocks incidentally killed or
injured in the ``Atlantic Highly Migratory Species longline'' fishery.
List of Fisheries
The following tables set forth the list of U.S. commercial
fisheries according to their classification under section 118 of the
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean
(including Alaska); Table 2 lists commercial fisheries in the Atlantic
Ocean, Gulf of Mexico, and Caribbean; Table 3 lists commercial
fisheries on the high seas; and Table 4 lists fisheries affected by
TRPs or TRTs.
In Tables 1 and 2, the estimated number of vessels or persons
participating in fisheries operating within U.S. waters is expressed in
terms of the number of active participants in the fishery, when
possible. If this information is not available, the estimated number of
vessels or persons licensed for a particular fishery is provided. If no
recent information is available on the number of participants, vessels,
or persons licensed in a fishery, then the number from the most recent
LOF is used for the estimated number of vessels or persons in the
fishery. NMFS acknowledges that, in some cases, these 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 for which several state permits may allow. Changes made to
Mid-Atlantic and New England fishery participants will not affect
observer coverage or bycatch estimates as observer coverage and bycatch
estimates are based on vessel trip reports and landings data. 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, 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. As noted previously in this rule, the
number of HSFCA permits listed in Table 3 for the high seas components
of fisheries that also operate within U.S. waters does not necessarily
represent additional effort that is not accounted for in Tables 1 and
2. Many vessels/persons holding HSFCA permits also fishing within U.S.
waters and are included in the number of vessels and participants
operating within those fisheries in Tables 1 and 2.
Tables 1, 2, and 3 also list the marine mammal species or stocks
incidentally killed or injured (seriously or non-seriously) in each
fishery based on observer data, logbook data, stranding reports,
disentanglement network data, and MMAP reports. The best available
scientific information included in these reports is based on data
through 2011. 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 a mortality or injury.
Additionally, species identified by logbook entries, stranding data, or
fishermen self-reports (i.e., MMAP reports) may not be verified. In
Tables 1 and 2, NMFS has designated those stocks driving a fishery's
classification (i.e., the fishery is classified based on mortalities
and serious injuries and of a marine mammal stock that are greater than
or equal to 50 percent [Category I], or greater than 1 percent and less
than 50 percent [Category II], of a stock's PBR) by a ``\1\'' after the
stock's name.
In Tables 1 and 2, there are several fisheries classified as
Category II that have no recent documented mortalities and injuries of
marine mammals, or fisheries that did not result in a mortality or
serious injury rate greater than 1 percent of a stock's PBR level based
on known interactions. NMFS has
[[Page 14426]]
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 Marine mammal species
Fishery Description vessels/ and stocks incidentally
persons killed or injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:
HI deep-set (tuna target) 129 Bottlenose dolphin, HI
longline/set line * Pelagic.
[supcaret]. False killer whale, MHI
Insular.
False killer whale, HI
Pelagic.\1\
False killer whale,
Palmyra Atoll.
Pantropical spotted
dolphin, HI.
Risso's dolphin, HI.
Short-finned pilot
whale, HI.
Sperm whale, HI.
Striped dolphin, HI.
------------------------------------------------------------------------
GILLNET FISHERIES:
CA thresher shark/swordfish 19 Bottlenose dolphin, CA/
drift gillnet (>=14 in OR/WA offshore.
mesh) *. California sea lion,
U.S.
Humpback whale, CA/OR/
WA.
Long-beaked common
dolphin, CA.
Minke whale, CA/OR/WA.
Northern elephant seal,
CA breeding.
Northern right-whale
dolphin, CA/OR/WA.
Pacific white-sided
dolphin, CA/OR/WA.
Risso's dolphin, CA/OR/
WA.
Short-beaked common
dolphin, CA/OR/WA.
Sperm Whale, CA/OR/WA
\1\.
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
GILLNET FISHERIES:
CA halibut/white seabass 50 California sea lion,
and other species set U.S.
gillnet Harbor seal, CA.
(>3.5 in mesh)............. Humpback whale, CA/OR/
WA.\1\
Long-beaked common
dolphin, CA.
Northern elephant seal,
CA breeding.
Sea otter, CA.
Short-beaked common
dolphin, CA/OR/WA.
CA yellowtail, barracuda, 30 California sea lion,
and white seabass drift U.S.
gillnet (mesh size >=3.5 Long-beaked common
in and <14 in) \ 2\. dolphin, CA.
Short-beaked common
dolphin, CA/OR/WA.
AK Bristol Bay salmon drift 1,863 Beluga whale, Bristol
gillnet \2\. 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, Bristol
gillnet \2\. Bay.
Gray whale, Eastern
North Pacific.
Harbor seal, Bering
Sea.
Northern fur seal,
Eastern Pacific.
Spotted seal, AK.
AK Kodiak salmon set 188 Harbor porpoise,
gillnet. GOA.\1\
Harbor seal, GOA.
Sea otter, Southwest
AK.
Steller sea lion,
Western U.S.
[[Page 14427]]
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 162 Dall's porpoise, AK.
Islands salmon drift Harbor porpoise, GOA.
gillnet \2\. Harbor seal, GOA.
Northern fur seal,
Eastern Pacific
AK Peninsula/Aleutian 114 Harbor porpoise, Bering
Islands salmon set gillnet Sea.
\2\. Steller sea lion,
Western U.S.
AK Prince William Sound 537 Dall's porpoise, AK.
salmon drift gillnet. 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, AK.
gillnet. Harbor porpoise,
Southeast AK.
Harbor seal, Southeast
AK.
Humpback whale, Central
North Pacific.\1\
Pacific white-sided
dolphin, North
Pacific.
Steller sea lion,
Eastern U.S.
AK Yakutat salmon set 167 Gray whale, Eastern
gillnet \2\. North Pacific.
Harbor Porpoise,
Southeastern AK.
Harbor seal, Southeast
AK.
Humpback whale, Central
North Pacific
(Southeast AK).
WA Puget Sound Region 210 Dall's porpoise, CA/OR/
salmon drift gillnet WA.
(includes all inland Harbor porpoise, inland
waters south of US-Canada WA.\1\
border and eastward of the Harbor seal, WA inland.
Bonilla-Tatoosh line-
Treaty Indian fishing is
excluded).
PURSE SEINE FISHERIES:
AK Cook Inlet salmon purse 82 Humpback whale, Central
seine. North Pacific.\1\
AK Kodiak salmon purse 379 Humpback whale, Central
seine. 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\
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\
AK Bering Sea, Aleutian 10 Killer whale, ENP AK
Islands rockfish trawl. resident\1\.
Killer whale, GOA, AI,
BS transient.\1\
POT, RING NET, AND TRAP
FISHERIES:
[[Page 14428]]
CA spot prawn pot.......... 28 Gray whale, Eastern
North Pacific.
Humpback whale, CA/OR/
WA.\1\
CA Dungeness crab pot...... 570 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 228 Gray whale, Eastern
pot/trap. North Pacific.
Humpback whale, CA/OR/
WA.\1\
LONGLINE/SET LINE FISHERIES:
HI shallow-set (swordfish 20 Blainville's beaked
target) longline/set line whale, HI.
* -. 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
American Samoa longline \2\ 24 Bottlenose dolphin,
unknown.
Cuvier's beaked whale,
unknown.
False killer whale,
American Samoa.
Rough-toothed dolphin,
American Samoa.
Short-finned pilot
whale, unknown.
HI shortline \2\........... 11 None documented.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
GILLNET FISHERIES:
AK Kuskokwim, Yukon, Norton 1,702 Harbor porpoise, Bering
Sound, Kotzebue salmon Sea.
gillnet.
AK miscellaneous finfish 3 Steller sea lion,
set 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/ 990 None documented.
bait 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 24 Harbor seal, OR/WA
drift gillnet (excluding coast.
treaty 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 lion,
(includes tributaries) U.S.
drift gillnet. Harbor seal, OR/WA
coast.
WA Willapa Bay drift 82 Harbor seal, OR/WA
gillnet. 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 the
seine. 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 0 None documented.
seine.
AK roe herring and food/ 6 None documented.
bait herring beach seine.
AK roe herring and food/ 367 None documented.
bait herring purse seine.
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, 65 California sea lion,
sardine purse seine. 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 235 None documented.
seine or drag seine.
WA/OR herring, smelt, squid 130 None documented.
purse seine or lampara.
WA salmon purse seine...... 75 None documented.
WA salmon reef net......... 11 None documented.
HI opelu/akule net......... 22 None documented.
HI inshore purse seine..... <3 None documented.
[[Page 14429]]
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 119 None documented.
net.
MARINE AQUACULTURE FISHERIES:
CA marine shellfish unknown None documented.
aquaculture.
CA salmon enhancement >1 None documented.
rearing pen.
CA white seabass 13 California sea lion,
enhancement net pens. U.S.
HI offshore pen culture.... 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, 1,320 (120 AK) None documented.
AK 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 40 None documented.
Northern Mariana Islands
tuna troll.
Guam tuna troll............ 432 None documented.
LONGLINE/SET LINE FISHERIES:
AK Bering Sea, Aleutian 154 Dall's Porpoise, AK.
Islands Pacific cod Northern fur seal,
longline. 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 107 Steller sea lion,
cod 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 2,280 None documented in the
line (state and Federal most recent 5 years of
waters). 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, CA/
bottomfish longline/set OR/WA offshore.
line.
WA/OR North Pacific halibut 350 None documented.
longline/set line.
CA pelagic longline........ 1 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 Steller sea lion,
trawl. 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 seal,
trawl. North Pacific.
AK Gulf of Alaska Pacific 62 Steller sea lion,
cod trawl. Western U.S.
AK Gulf of Alaska pollock 62 Dall's porpoise, AK.
trawl. Fin whale, Northeast
Pacific.
Northern elephant seal,
North Pacific.
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.
[[Page 14430]]
POT, RING NET, AND TRAP
FISHERIES:
AK statewide miscellaneous 243 None documented.
finfish pot.
AK Aleutian Islands 8 None documented.
sablefish pot.
AK Bering Sea, Aleutian 68 None documented.
Islands Pacific cod pot.
AK Bering Sea, Aleutian 296 Grey whale, Eastern
Islands crab pot. North Pacific.
AK Bering Sea sablefish pot 6 None documented.
AK Gulf of Alaska crab pot. 389 None documented.
AK Gulf of Alaska Pacific 154 Harbor seal, GOA.
cod pot.
AK Southeast Alaska crab 415 Humpback whale, Central
pot. North Pacific
(Southeast AK).
AK Southeast Alaska shrimp 274 Humpback whale, Central
pot. 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 203 Gray whale, Eastern
crab, tanner crab pot or North Pacific.
trap. Harbor seal, CA.
CA spiny lobster........... 198 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 249 None documented.
crab 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 28 None documented.
Northern Mariana Islands
bottomfish.
Guam bottomfish............ >300 None documented.
HI aku boat, pole, and line 3 None documented.
HI Main Hawaiian Islands 567 Hawaiian monk seal.
deep-sea bottomfish
handline.
HI inshore handline........ 378 None documented.
HI tuna handline........... 459 None documented.
WA groundfish, bottomfish 679 None documented.
jig.
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/ 4 None documented.
food/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.
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 637 None documented.
clam, octopus, oyster, sea
cucumber, scallop, ghost
shrimp hand, dive, or
mechanical collection.
[[Page 14431]]
WA shellfish aquaculture... 684 None documented.
COMMERCIAL PASSENGER FISHING
VESSEL (CHARTER BOAT)
FISHERIES:
AK/WA/OR/CA commercial >7,000 (2,702 Killer whale, unknown.
passenger fishing vessel. AK) 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 mortalities and serious
injuries of this stock, which are greater than or equal to 50 percent
(Category I) or greater than 1 percent and less than 50 percent
(Category II) of the stock's PBR; \2\ Fishery classified by analogy; *
Fishery has an associated high seas component listed in Table 3;
[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
------------------------------------------------------------------------
Estimated
number of Marine mammal species
Fishery description vessels; and stocks incidentally
persons killed 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.
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:
[[Page 14432]]
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 the
gillnet \2\. 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\. Central FL coastal.
Bottlenose dolphin,
Northern FL coastal.
Bottlenose dolphin, SC/
GA coastal.
Bottlenose dolphin,
Southern Migratory
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 322 Common dolphin, WNA.
trawl (including pair Long-finned pilot
trawl). 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.
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\
[[Page 14433]]
Southeastern U.S. Atlantic, 4,950 Atlantic spotted
Gulf of Mexico shrimp dolphin, GMX
trawl. continental and
oceanic.
Bottlenose dolphin,
Eastern GMX
coastal.\1\
Bottlenose dolphin, GMX
bay, sound,
estuarine.\1\
Bottlenose dolphin, GMX
continental shelf.
Bottlenose dolphin,
Northern GMX coastal.
Bottlenose dolphin, SC/
GA coastal.\1\
Bottlenose dolphin,
Western GMX
coastal.\1\
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,
Central FL coastal.\1\
Bottlenose dolphin,
Charleston estuarine
system.\1\
Bottlenose dolphin,
Indian River Lagoon
estuarine system.\1\
Bottlenose dolphin,
Jacksonville estuarine
system.\1\
Bottlenose dolphin,
Northern FL
coastal.\1\
Bottlenose dolphin,
Northern GA/Southern
SC estuarine
system.\1\
Bottlenose dolphin,
Northern Migratory
coastal.\1\
Bottlenose dolphin,
Northern NC estuarine
system.\1\
Bottlenose dolphin, SC/
GA coastal.\1\
Bottlenose dolphin,
Southern GA estuarine
system.\1\
Bottlenose dolphin,
Southern Migratory
coastal.\1\
Bottlenose dolphin,
Southern NC estuarine
system\1\
West Indian manatee,
FL.\1\
PURSE SEINE FISHERIES:
Gulf of Mexico menhaden 40-42 Bottlenose dolphin, GMX
purse seine. 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 565 Bottlenose dolphin,
seine. Northern Migratory
coastal.\1\
Bottlenose dolphin,
Northern NC estuarine
system.\1\
Bottlenose dolphin,
Southern Migratory
coastal.\1\
NC long haul seine......... 372 Bottlenose dolphin,
Northern NC estuarine
system.\1\
Bottlenose dolphin,
Southern NC estuarine
system.
STOP NET FISHERIES:
NC roe mullet stop net..... 13 Bottlenose dolphin,
Northern Migratory
coastal.\1\
POUND NET FISHERIES:
VA pound net............... 67 Bottlenose dolphin,
Northern NC estuarine
system.
Bottlenose dolphin,
Southern Migratory
coastal.\1\
Bottlenose dolphin,
Southern NC estuarine
system.\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 the
gillnet. most recent 5 years of
data.
RI, southern MA (to Monomoy unknown None documented in the
Island), and NY Bight most recent 5 years of
(Raritan and Lower NY data.
Bays) 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 20 None documented.
species trawl.
GA cannonball jellyfish 1 Bottlenose dolphin,
trawl. Southern South
Carolina/Georgia.
MARINE AQUACULTURE FISHERIES:
[[Page 14434]]
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 >2 None documented.
purse 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 >1,207 None documented.
bottom longline/hook-and-
line.
Gulf of Maine, U.S. Mid- 428 Bottlenose dolphin, WNA
Atlantic tuna, shark offshore.
swordfish hook-and-line/ Humpback whale, Gulf of
harpoon. Maine.
Southeastern U.S. Atlantic, >5,000 Bottlenose dolphin, GMX
Gulf of Mexico, and continental shelf.
Caribbean snapper-grouper
and other reef fish bottom
longline/hook-and-line.
Southeastern U.S. Atlantic, <125 Bottlenose dolphin,
Gulf of Mexico shark Eastern GMX coastal.
bottom longline/hook-and- Bottlenose dolphin,
line. 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 unknown None documented.
Mexico trotline.
TRAP/POT FISHERIES:
Caribbean mixed species >501 None documented.
trap/pot.
Caribbean spiny lobster >197 None documented.
trap/pot.
FL spiny lobster trap/pot.. 1,268 Bottlenose dolphin,
Biscayne Bay estuarine
Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin, FL
Bay estuarine.
Gulf of Mexico blue crab 4,113 Bottlenose dolphin,
trap/pot. Eastern GMX coastal.
Bottlenose dolphin, GMX
bay, sound, estuarine.
Bottlenose dolphin,
Northern GMX coastal.
Bottlenose dolphin,
Western GMX coastal.
West Indian manatee,
FL.
Gulf of Mexico mixed unknown None documented.
species 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 Harbor porpoise, GME/
seine/weir. BF.
Harbor seal, WNA.
Minke whale, Canadian
east coast.
Atlantic white-sided
dolphin, WNA.
U.S. Mid-Atlantic crab stop 2,600 None documented.
seine/weir.
U.S. Mid-Atlantic mixed unknown Bottlenose dolphin,
species stop seine/weir/ Northern NC estuarine
pound net (except the NC system.
roe 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.
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:
[[Page 14435]]
Atlantic Ocean, Gulf of 4,000 Bottlenose dolphin,
Mexico, Caribbean Biscayne Bay
commercial passenger estuarine.
fishing vessel. Bottlenose dolphin,
Central FL coastal.
Bottlenose dolphin,
Eastern GMX coastal.
Bottlenose dolphin, GMX
bay, sound, estuarine.
Bottlenose dolphin,
Indian River Lagoon
estuarine system.
Bottlenose dolphin,
Jacksonville estuarine
system.
Bottlenose dolphin,
Northern FL coastal.
Bottlenose dolphin,
Northern GA/Southern
SC estuarine.
Bottlenose dolphin,
Northern GMX coastal.
Bottlenose dolphin,
Northern migratory
coastal.
Bottlenose dolphin,
Northern NC estuarine.
Bottlenose dolphin,
Southern migratory
coastal.
Bottlenose dolphin,
Southern NC estuarine
system.
Bottlenose dolphin,
Southern SC/GA
coastal.
Bottlenose dolphin,
Western GMX coastal.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 2: DE--Delaware; FL--
Florida; GA--Georgia; GME/BF--Gulf of Maine/Bay of Fundy; GMX--Gulf of
Mexico; MA--Massachusetts; NC--North Carolina; SC--South Carolina; VA--
Virginia; WNA--Western North Atlantic; \1\ Fishery classified based on
mortalities and serious injuries of this stock, which are greater than
or equal to 50 percent (Category I) or greater than 1 percent and less
than 50 percent (Category II) of the stock's PBR; \2\ Fishery
classified by analogy; * Fishery has an associated high seas component
listed in Table 3.
Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
Marine mammal species
Fishery description Number of and stocks incidentally
HSFCA permits killed or injured
------------------------------------------------------------------------
Category I
------------------------------------------------------------------------
LONGLINE FISHERIES:
Atlantic Highly Migratory 84 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.
Risso's dolphin, WNA.
Short-finned pilot
whale, WNA.
Western Pacific Pelagic (HI 124 Bottlenose dolphin, HI
Deep-set component) \*\ Pelagic.
[supcaret]. False killer whale, HI
Pelagic.
Pantropical spotted
dolphin, HI.
Risso's dolphin, HI.
Short-finned pilot
whale, HI.
Sperm whale, HI.
Striped dolphin, HI.
------------------------------------------------------------------------
Category II
------------------------------------------------------------------------
DRIFT GILLNET FISHERIES:
Atlantic Highly Migratory 1 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 1 Undetermined.
Species **.
CCAMLR..................... 0 Antarctic fur seal.
Western Pacific Pelagic.... 0 Undetermined.
PURSE SEINE FISHERIES:
South Pacific Tuna 40 Undetermined.
Fisheries.
Western Pacific Pelagic.... 3 Undetermined.
LONGLINE FISHERIES:
CCAMLR..................... 0 None documented.
South Pacific Albacore 13 Undetermined.
Troll.
[[Page 14436]]
South Pacific Tuna 8 Undetermined.
Fisheries **.
Western Pacific Pelagic (HI 28 Blainville's beaked
Shallow-set component) * whale, HI.
[supcaret]. Bottlenose dolphin, HI
Pelagic.
False killer whale, HI
Pelagic.
Humpback whale, Central
North Pacific.
Kogia sp. whale (Pygmy
or dwarf sperm whale),
HI.
Risso's dolphin, HI.
Short-beaked common
dolphin, CA/OR/WA.
Short-finned pilot
whale, HI
Striped dolphin, HI.
HANDLINE/POLE AND LINE
FISHERIES:
Atlantic Highly Migratory 3 Undetermined.
Species.
Pacific Highly Migratory 46 Undetermined.
Species.
South Pacific Albacore 9 Undetermined.
Troll.
Western Pacific Pelagic.... 5 Undetermined.
TROLL FISHERIES:
Atlantic Highly Migratory 4 Undetermined.
Species.
South Pacific Albacore 33 Undetermined.
Troll.
South Pacific Tuna 2 Undetermined.
Fisheries **.
Western Pacific Pelagic.... 19 Undetermined.
LINERS NEI FISHERIES:
Pacific Highly Migratory 3 Undetermined.
Species **.
South Pacific Albacore 1 Undetermined.
Troll.
Western Pacific Pelagic.... 1 Undetermined.
------------------------------------------------------------------------
Category III
------------------------------------------------------------------------
LONGLINE FISHERIES:
Pacific Highly Migratory 101 None documented in the
Species *. most recent 5 years of
data.
PURSE SEINE FISHERIES
Pacific Highly Migratory 8 None documented.
Species * [supcaret].
TROLL FISHERIES:
Pacific Highly Migratory 262 None documented.
Species * [supcaret].
------------------------------------------------------------------------
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.
[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.
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]
[[Page 14437]]
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 I:
Reduction Plan (POCTRP)--50 CFR 229.31. CA thresher shark/swordfish
drift gillnet (>=14 in mesh).
------------------------------------------------------------------------
Take reduction teams Affected Fisheries
------------------------------------------------------------------------
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).
------------------------------------------------------------------------
* 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 (SBA) at the proposed rule stage that this rule would
not have a significant economic impact on a substantial number of small
entities. No comments were received on that certification, and no new
information has been discovered to change that conclusion. Accordingly,
no regulatory flexibility analysis is required, and none has been
prepared.
This rule contains 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
mortalities or injuries has been approved by OMB under OMB control
number 0648-0292 (0.15 hours per report). These estimates include the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the 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 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. The
1995 EA, 2005 EA, and 2014 EA concluded that implementation of MMPA
section 118 regulations would not have a significant impact on the
human environment. This rule would not make any significant change in
the management of reclassified fisheries; therefore, this rule is not
expected to change the analysis or conclusion of the 2014 EA. 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 rule will 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 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
[[Page 14438]]
TRP, NMFS would consult under ESA section 7 on that action.
This rule will have no adverse impacts on marine mammals and may
have a positive impact on marine mammals by improving knowledge of
marine mammals and the fisheries interacting with marine mammals
through information collected from observer programs, stranding and
sighting data, or take reduction teams.
This rule will 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, editors. 2013. Alaska Marine Mammal
Stock Assessments, 2013 (Draft). NOAA Tech. Memo. NMFS-AFSC-xxx. 261
p. Available at: https://www.nmfs.noaa.gov/pr/sars/pdf/ak2013_draft.pdf.
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.
2013. U.S. Pacific Marine Mammal Stock Assessments: 2013 (Draft).
NOAA Technical Memorandum NOAA-TM-NMFS-SWFSC-xxx. 306 p. Available
at: https://www.nmfs.noaa.gov/pr/sars/pdf/po2013_draft.pdf.
Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors.
2013. Draft U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks
Assessments, 2013. NOAA Technical Memorandum NOAA-NE-xxx. 543 p.
Available at: https://www.nmfs.noaa.gov/pr/sars/pdf/ao2013_draft.pdf.
NMFS. 2012. NOAA Fisheries Policy Directive 02-038-01 Process for
Injury Determinations (01/27/12). Available at: https://www.nmfs.noaa.gov/pr/pdfs/serious_injury_policy.pdf.
Dated: March 6, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-05576 Filed 3-13-14; 8:45 am]
BILLING CODE 3510-22-P
