List of Fisheries for 2015, 50589-50613 [2014-20159]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Proposed Rules]
[Pages 50589-50613]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20159]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 140325271-4271-01]
RIN 0648-BE13


List of Fisheries for 2015

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

ACTION: Proposed rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
proposed List of Fisheries (LOF) for 2015, as required by the Marine 
Mammal Protection Act (MMPA). The proposed LOF for 2015 reflects new 
information on interactions between commercial fisheries and marine 
mammals. NMFS must classify each commercial fishery on the LOF into one 
of three categories under the MMPA based upon the level of mortality 
and serious injury of marine mammals that occurs incidental to each 
fishery. The classification of a fishery on the LOF determines whether 
participants in that fishery are subject to certain provisions of the 
MMPA, such as registration, observer coverage, and take reduction plan 
(TRP) requirements.
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    \64\ Maria Ros[aacute]rio Partid[aacute]rio, Strategic 
Environmental Assessment (SEA)--current practices, future demands 
and capacity-building needs (2003) (unpublished manuscript) 
available at https://www.iaia.org/publicdocuments/EIA/SEA/SEAManual.pdf?AspxAutoDetectCookieSupport=1.

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DATES: Comments must be received by September 24, 2014.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2014-0040'' by any of the following methods:
    (1) Electronic Submissions: Submit all electronic comments through 
the Federal eRulemaking portal: https://www.regulations.gov (follow 
instructions for submitting comments).
    (2) Mail: Submit written comments to Chief, Marine Mammal and Sea 
Turtle Conservation Division, Attn: List of Fisheries, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910.
    Comments regarding the burden-hour estimates, or any other aspect 
of the collection of information requirements contained in this 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.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All Personal Identifying Information (e.g., name, address, 
etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields, if you wish 
to remain anonymous). Attachments to electronic comments will be 
accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file 
formats only.

FOR FURTHER INFORMATION CONTACT: 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

[[Page 50590]]

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 of 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). Stocks driving a fishery's classification are denoted 
with a superscript ``1'' in Tables 1 and 2.

Other Criteria That May Be Considered

    The tier analysis requires a minimum amount of data, and NMFS 
cannot perform a tier analysis on certain fisheries. Therefore, NMFS 
has classified certain 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 and/or stocks 
incidentally killed or injured in each commercial fishery. The list of 
species and/or stocks incidentally killed or injured includes 
``serious'' and ``non-serious'' documented injuries as described later 
in the List of Species and/or Stocks Incidentally Killed or Injured in 
the Pacific Ocean and the Atlantic Ocean, Gulf of Mexico, and Caribbean 
sections. To determine which species and 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 2015 LOF 
generally summarizes data from 2007-2011. NMFS also reviews other 
sources of new information, including injury determination reports, 
bycatch estimation reports, observer data, logbook data, stranding 
data, disentanglement network data, fisher self-reports (i.e. MMPA 
reports), and anecdotal reports from that time 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 generally 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,

[[Page 50591]]

target species, levels of fishing effort, spatial and temporal 
distribution of fishing effort, characteristics of fishing gear and 
operations, management and regulations, and interactions with marine 
mammals. Copies of the SARs are available on the NMFS Office of 
Protected Resources Web site at: http:[sol][sol]www.nmfs.noaa.gov/pr/
sars/. Information on observer coverage levels in Category I and II 
fisheries can also be found in the Category I and II fishery fact 
sheets on the NMFS Office of Protected Resources' Web site: 
http:[sol][sol]www.nmfs.noaa.gov/pr/interactions/ lof/. Additional 
information on observer programs in commercial fisheries can be found 
on the NMFS National Observer Program's Web site: 
http:[sol][sol]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). Additional information about HSFCA permits 
can be found at: http:[sol][sol]www.nmfs.noaa.gov/ia/permits/
highseas.html.

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 and/or stocks 
incidentally killed or injured in the fishery, fishery gear and methods 
used, observer coverage levels, fishery management and regulation, and 
applicable TRPs or TRTs, if any. These fishery fact sheets are updated 
after each final LOF and can be found under ``How Do I Find Out if a 
Specific Fishery is in Category I, II, or III?'' on the NMFS Office of 
Protected Resources' Web site: http:[sol][sol]www.nmfs.noaa.gov/pr/
interactions/lof/, linked to the ``List of Fisheries by Year'' table. 
NMFS is developing similar fishery fact sheets for each Category III 
fishery on the LOF. However, due to the large number of Category III 
fisheries on the LOF and the lack of accessible and detailed 
information on many of these fisheries, the development of these 
fishery fact sheets is taking significant time to complete. NMFS will 
begin posting Category III fishery fact sheets online with the final 
2015 LOF.

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 Greater Atlantic 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 Greater Atlantic Regional Office at 978-281-9328 
or by visiting the Greater Atlantic Regional Office Web site 
(http:[sol][sol]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 (http:[sol][sol]sero.nmfs.noaa.gov/protected--resources/marine--
mammal--authorization--program/) and following the instructions for 
printing the necessary documents. Mortality/injury forms are also 
available online at http:[sol][sol]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

[[Page 50592]]

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 regional and Greater Atlantic 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 
fisheries 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/protected_resources/marine_mammal_authorization_program/) 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, or 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 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/ 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
NMFS, Pacific Islands Regional Office, Protected Resources Division, 
1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: Nancy Young.

Sources of Information Reviewed for the 2015 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.

[[Page 50593]]

    The LOF for 2015 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/.

Summary of Changes to the LOF for 2015

    The following summarizes proposed changes to the LOF for 2015, 
including the fisheries listed in the LOF, the estimated number of 
vessels/persons in a particular fishery, and the species and/or stocks 
that are incidentally killed or injured in a particular fishery. The 
proposed LOF for 2015 proposes no re-classifications of the fisheries 
provided in the LOF for 2014. NMFS proposes changes to the list of 
species and/or stocks killed or injured in certain fisheries and the 
estimated number of vessels/persons in certain fisheries, as well as 
certain administrative changes. Additionally, NMFS proposes adding 6 
Category III fisheries to the LOF and removing 6 fisheries from the 
LOF. The classifications and definitions of U.S. commercial fisheries 
for 2015 are identical to those provided in the LOF for 2014 with the 
proposed changes discussed below. State and regional abbreviations used 
in the following paragraphs include: AK (Alaska), CA (California), DE 
(Delaware), FL (Florida), GMX (Gulf of Mexico), HI (Hawaii), MA 
(Massachusetts), ME (Maine), NC (North Carolina), NY (New York), OR 
(Oregon), RI (Rhode Island), SC (South Carolina), VA (Virginia), WA 
(Washington), and WNA (Western North Atlantic).

Commercial Fisheries in the Pacific Ocean

Addition of Fisheries

    NMFS proposes to add ``HI aquarium collecting'' as a Category III 
fishery. This fishery is conducted primarily in Hawaii state waters, 
and includes fishing with small meshed nets, except throw nets, and 
small meshed traps for aquatic life that is kept alive for display. The 
fishery targets coral reef species for the aquarium trade. The fishery 
is managed by the Hawaii Department of Land and Natural Resources, 
Division of Aquatic Resources (DAR). An annual permit to collect reef 
fish is required. Regional bag, slot, and species-specific bans on live 
harvest may apply in certain designated areas. There have been no 
documented interactions of this fishery with marine mammals.

Removal of Fisheries

    NMFS proposes to remove the Category III ``OR salmon ranch'' 
fishery from the LOF because this fishery no longer exists. The salmon 
ranching industry in Oregon ended in 1994. A commercial salmon ranch in 
Oregon must have a private salmon hatchery permit issued by the Oregon 
Department of Fish and Wildlife (ODFW). NMFS contacted the ODFW, which 
informed us that as of 2013 there are no active private hatchery 
permits issued by ODFW and no permits are anticipated for the future.
    NMFS proposes to remove the Category III ``WA herring brush weir'' 
fishery because brush weirs have not been used in the herring fishery 
since 1994 and the brush weir fishery is considered obsolete. The brush 
weir, a type of marine impoundment or fish trap, was defined as a gear 
type for herring harvest by the Washington Department of Fish and 
Wildlife in 1973, but was removed from the Department's list of lawful 
gear types for use in the herring fishery in 1994.
    NMFS proposes to remove the Category III ``WA herring spawn on 
kelp'' fishery as there are currently no participants in this fishery. 
In 1972, a sac-roe fishery targeting Cherry Point herring stock began 
in northern Puget Sound. The fishery peaked in the mid-1970s but 
declines in the north Puget Sound herring stocks, including Cherry 
Point, led to closure of the fishery by the mid-1980s. In 1988, a non-
treaty herring spawn on kelp fishery opened on the Cherry Point stock. 
However, the decline in Cherry Point herring stock abundance in the 
mid-1990s led to closure of the spawn on kelp fishery and it has 
remained closed.
    NMFS proposes to remove the Category III ``CA abalone'' fishery, 
listed under the ``dive, hand/mechanical collection fisheries'' section 
of Table 1 as this is not a commercial fishery. Although there is a 
limited recreational fishery for abalone, it is illegal to harvest wild 
abalone for commercial sale anywhere in California.
    NMFS proposes to remove the Category III ``HI lobster tangle net'' 
fishery from the LOF. The fishery had zero participants in 2011 and 
2012, the most recent years for which data are available.
    NMFS proposes to remove the Category III ``HI charter vessel'' 
fishery from the LOF. Commercial fishing effort with the gears and 
methods used in charter fishing (e.g., troll, inshore handline, deep 
sea handline, casting) is already accounted for in those individual 
fisheries on the LOF.

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to rename the Category II ``WA coastal Dungeness crab 
pot/trap'' fishery to ``WA coastal Dungeness crab pot.'' The proposed 
change will be consistent with state regulations and the name commonly 
used to describe this fishery. This proposed change will also make the 
name consistent with the names for the California and Oregon Dungeness 
crab pot fisheries.
    NMFS proposes to rename the Category III ``WA/OR North Pacific 
halibut longline/setline'' to the ``WA/OR Pacific halibut longline'' 
fishery to reflect that Pacific halibut is the correct common name for 
the fishery target species Hippoglossus stenolepis. In addition, 
setline is not used in this fishery and thus is proposed to be 
eliminated from the current name.
    NMFS proposes to rename the Category III ``Coastwide scallop 
dredge'' fishery to the ``Alaska scallop dredge'' because there is no 
scallop dredge fishery off Washington, Oregon, and California. Dredge 
gear is prohibited to protect groundfish essential fish habitat (see 50 
CFR Section 660.312), and conforming regulations have been adopted by 
these three coastal states. Alternative gear types (bottom trawl, hand 
pick/dive) have not been utilized in recent years. The scallop fishery 
off Alaska harvests weathervane scallops, and there have been no U.S. 
commercial landings of scallops off the U.S. West Coast south of Alaska 
since 2006. The State of Alaska has been delegated authority to manage 
the scallop dredge fishery in state waters and the EEZ off Alaska under 
the Scallop FMP developed by the North Pacific Fishery Management 
Council. There is a federally administered license limitation program 
that limits effort in the fishery.
    NMFS proposes to rename the Category III ``OR/CA hagfish pot or 
trap'' to the ``WA/OR/CA hagfish pot'' fishery because the fishery 
includes participants in Washington. Landings of hagfish from the pot 
fishery between 2004 and 2008 averaged 50,000 to 100,000 pounds for 
ports in Washington (Saez et al. 2013). In addition, the fishery is 
referred to as a pot fishery;

[[Page 50594]]

therefore, NMFS is proposing to remove the word ``trap'' from the 
title.
    NMFS proposes to rename the Category I ``HI deep-set (tuna target) 
longline/set line'' fishery to ``HI deep-set longline.'' This fishery 
uses deep-set longline gear, as defined in regulations (50 CFR 
665.800). Specification of the target species in the fishery name is 
not necessary to differentiate it from shallow-set fishing.
    NMFS proposes to rename the Category II ``HI shallow-set (swordfish 
target) longline/set line'' fishery to ``HI shallow-set longline.'' 
This fishery uses shallow-set longline gear, as defined in regulations 
(50 CFR 665.800). Specification of the target species in the fishery 
name is not necessary to differentiate it from deep-set fishing.
    NMFS proposes to rename the Category III ``HI opelu/akule net'' 
fishery to ``HI lift net.'' Standard nets used to catch opelu are 
called lift nets, while standard nets used to catch akule are called 
purse seine nets (see the ``HI purse seine'' fishery). These nets have 
different configurations and are used differently. This proposed change 
will harmonize state and federal terminology for these fisheries, 
reduce confusion, and enhance collaborative management.
    NMFS proposes to rename Category III ``HI hukilau net'' fishery to 
``HI seine net.'' Seine net is a broader term, encompassing hukilau. 
This proposed change will harmonize State and Federal terminology for 
these fisheries, reduce confusion, and enhance collaborative 
management.
    NMFS proposes to rename the Category III ``HI vertical longline'' 
fishery to ``HI vertical line.'' The fishery uses a vertical mainline 
less than one nautical mile in length, so it does not meet the State or 
Federal definition of longline. This proposed change will harmonize 
State and Federal terminology for these fisheries, reduce confusion, 
and enhance collaborative management.
    NMFS proposes to rename the Category III ``HI MHI deep-sea 
bottomfish handline'' fishery to ``HI bottomfish handline'' to clarify 
the fishery's target species. This fishery corresponds with the State's 
deep-sea handline fishing method.
    NMFS proposes to rename the Category III ``HI tuna handline'' 
fishery to ``HI pelagic handline.'' The pelagic handline fishery 
targets tunas and other pelagic fish species. This fishery corresponds 
with the State's ika-shibi, palu ahi, and hybrid handline fishing 
methods.
    NMFS proposes to split the Category III ``CA coonstripe shrimp, 
rock crab, tanner crab pot or trap'' fishery into two Category III 
fisheries, ``CA/OR coonstripe shrimp pot'' and ``CA rock crab pot,'' 
and eliminate the tanner crab component of the pot fishery. The ``CA/OR 
coonstripe pot'' fishery is a relatively small fishery with the 
majority of effort in northern California with some landings made in 
Oregon (Saez et al. 2013). Therefore, it is appropriate to revise the 
name to reflect effort in California and Oregon. The ``CA rock crab 
pot'' fishery is a significant fishery throughout much of California. 
It is distinct in time and area fished, compared to other pot 
fisheries, and, thus, appropriate to be listed as a separate fishery. 
In addition, the state of California has regulations in place for 
managing this fishery. NMFS proposes removing tanner crab from the 
title because tanner crab is not a target species for an existing pot 
fishery in California. California established regulations over a decade 
ago for experimental fishery permits to support the development of a 
tanner crab fishery; however, no permits have been issued. At this 
time, there is no expectation that a tanner crab directed pot fishery 
will develop, thus, NMFS proposes to remove this species as a component 
of either of the newly named fisheries.
    NMFS proposes to split the Category III ``HI trolling, rod and 
reel'' fishery into two separate Category III fisheries, the ``HI 
troll'' and ``HI rod and reel'' fisheries. Although the gear types used 
may be similar in some cases, the methods used are different, which may 
affect the likelihood of encountering or interacting with marine 
mammals. Trolling involves fishing by towing or dragging line(s) with 
artificial lure(s) or dead or live bait, or green stick and danglers 
using a sail, surf, or motor-powered vessel underway. Rod and reel 
fishing can be conducted from shore or from an anchored or drifting 
vessel using a spinning or casting reel (spinning or casting) with 
baited hooks or lures. We propose to retain Pantropical spotted dolphin 
(HI stock) on the list of species injured or killed in the HI troll 
fishery, but not the HI rod and reel fishery, given that fishing in 
close proximity to groups of spotted dolphins and anecdotal reports of 
spotted dolphin hookings occur in the troll fishery, but not the rod 
and reel fishery.

Number of Vessels/Persons

    NMFS proposes to update the estimated number of vessels/persons in 
the commercial fisheries in the Pacific Ocean (Table 1). Updates are 
based on state and federal fisheries permit data. The estimated number 
of vessels/persons participating in fisheries operating within U.S. 
waters is expressed in terms of the number of active participants in 
the fishery, when possible. If this information is not available, the 
estimated number of vessels/persons licensed for a particular fishery 
is provided. If no recent information is available on the number of 
participants, vessels, or persons licensed in a fishery, then the 
number from the most recent LOF is used for the estimated number of 
vessels/persons in the fishery. NMFS acknowledges that, in some cases, 
these estimates may be inflations of actual effort. 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, and thus the potential impact on marine mammals.
    NMFS proposes to update the estimated number of vessels/persons as 
follows. Fisheries are labeled with their proposed name on the 2015 
LOF:

------------------------------------------------------------------------
                                             Number of       Number of
                                             vessels/        vessels/
      Category              Fishery           persons         persons
                                           (final  2014      (proposed
                                               LOF)          2015 LOF)
------------------------------------------------------------------------
I...................  HI deep-set                    129             128
                       longline.
II..................  AK Bristol Bay               1,863           1,862
                       salmon drift
                       gillnet.
II..................  AK Bristol Bay                 982             979
                       salmon set
                       gillnet.
II..................  AK Cook Inlet                  738             736
                       salmon set
                       gillnet.
II..................  AK Peninsula/                  114             113
                       Aleutian Islands
                       salmon drift
                       gillnet.
II..................  AK Yakutat salmon              167             168
                       set gillnet.
II..................  AK Cook Inlet                   82              83
                       salmon purse
                       seine.
II..................  AK Kodiak salmon               379             376
                       purse seine.

[[Page 50595]]

 
II..................  AK Bering Sea,                  34              32
                       Aleutian Islands
                       flatfish trawl.
II..................  AK Bering Sea,                  95             102
                       Aleutian Islands
                       pollock trawl.
II..................  AK Bering Sea,                  10              17
                       Aleutian Islands
                       rockfish trawl.
II..................  HI shallow-set                  20              18
                       longline.
II..................  American Samoa                  24              25
                       longline.
II..................  HI shortline......              11               6
III.................  AK Kuskokwim,                1,702           1,778
                       Yukon, Norton
                       Sound, Kotzebue
                       salmon gillnet.
III.................  AK miscellaneous                 2              54
                       finfish set
                       gillnet.
III.................  AK Prince William               30              29
                       Sound salmon set
                       gillnet.
III.................  AK roe herring and             990             920
                       food/bait herring
                       gillnet.
III.................  HI inshore gillnet              36              42
III.................  AK Southeast                   415             315
                       salmon purse
                       seine.
III.................  AK miscellaneous                 1               2
                       finfish beach
                       seine.
III.................  AK roe herring and               6              10
                       food/bait herring
                       beach seine.
III.................  AK roe herring and             367             356
                       food/bait herring
                       purse seine.
III.................  AK salmon purse                935             936
                       seine (excluding
                       salmon purse
                       seine fisheries
                       listed as
                       Category II).
III.................  HI lift net.......              22              21
III.................  HI throw net, cast              29              20
                       net.
III.................  HI seine net......              26              21
III.................  AK North Pacific             1,320           1,320
                       halibut, AK              (120 AK)        (180 AK)
                       bottom fish, WA/
                       OR/CA albacore,
                       groundfish,
                       bottom fish, CA
                       halibut non-
                       salmonid troll
                       fisheries.
III.................  AK salmon troll...           2,008           1,908
III.................  AK Bering Sea,                 154              45
                       Aleutian Islands
                       Pacific cod
                       longline.
III.................  AK Bering Sea,                   0               3
                       Aleutian Islands
                       rockfish longline.
III.................  AK Bering Sea,                  36               4
                       Aleutian Islands
                       Greenland turbot
                       longline.
III.................  AK Bering Sea,                  28              22
                       Aleutian Islands
                       sablefish
                       longline.
III.................  AK Gulf of Alaska            1,302             855
                       halibut longline.
III.................  AK Gulf of Alaska              107              92
                       Pacific cod
                       longline.
III.................  AK Gulf of Alaska                0              25
                       rockfish longline.
III.................  AK Gulf of Alaska              291             295
                       sablefish
                       longline.
III.................  AK halibut                   2,280           2,197
                       longline/set line
                       (state and
                       Federal waters).
III.................  AK octopus/squid                 2               3
                       longline.
III.................  AK state-managed             1,323             464
                       waters longline/
                       setline
                       (including
                       sablefish,
                       rockfish,
                       lingcod, and
                       miscellaneous
                       finfish).
III.................  HI kaka line......              17              24
III.................  HI vertical line..               9               6
III.................  AK Bering Sea,                   9              13
                       Aleutian Islands
                       Atka mackerel
                       trawl.
III.................  AK Bering Sea,                  93              72
                       Aleutian Islands
                       Pacific cod trawl.
III.................  AK Gulf of Alaska               41              36
                       flatfish trawl.
III.................  AK Gulf of Alaska               62              55
                       Pacific cod trawl.
III.................  AK Gulf of Alaska               62              67
                       pollock trawl.
III.................  AK Gulf of Alaska               34              43
                       rockfish trawl.
III.................  AK shrimp otter                 33              38
                       trawl and beam
                       trawl (statewide
                       and Cook Inlet).
III.................  AK statewide                   243               4
                       miscellaneous
                       finfish pot.
III.................  AK Aleutian                      8               4
                       Islands sablefish
                       pot.
III.................  AK Bering Sea,                  68              59
                       Aleutian Islands
                       Pacific cod pot.
III.................  AK Bering Sea,                 296             540
                       Aleutian Islands
                       crab pot.
III.................  AK Bering Sea                    6               2
                       sablefish pot.
III.................  AK Gulf of Alaska              389             381
                       crab pot.
III.................  AK Gulf of Alaska              154             128
                       Pacific cod pot.
III.................  AK Southeast                   415              41
                       Alaska crab pot.
III.................  AK Southeast                   274             269
                       Alaska shrimp pot.
III.................  AK shrimp pot,                 210             236
                       except Southeast.
III.................  HI crab trap......               9               7
III.................  HI fish trap......               9               5
III.................  HI shrimp trap....               4               6
III.................  HI crab net.......               6               4
III.................  HI Kona crab loop               48              35
                       net.
III.................  AK octopus/squid                 0               7
                       handline.
III.................  American Samoa                  12              14
                       bottomfish
                       handline.
III.................  HI aku boat, pole                3             < 3
                       and line.
III.................  HI bottomfish                  567             578
                       handline.
III.................  HI inshore                     378             376
                       handline.
III.................  HI pelagic                     459             484
                       handline.
III.................  AK herring spawn               411             409
                       on kelp pound net.
III.................  AK Southeast                     4               2
                       herring roe/food/
                       bait pound net.
III.................  AK scallop dredge.             108             108
                                                 (12 AK)          (5 AK)
III.................  AK clam...........             156             130
III.................  AK herring spawn               266             339
                       on kelp.

[[Page 50596]]

 
III.................  AK urchin and                  521             398
                       other fish/
                       shellfish.
III.................  HI fish pond......              16               5
III.................  HI handpick.......              57              58
III.................  HI lobster diving.              29              23
III.................  HI spearfishing...             143             159
------------------------------------------------------------------------

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

    NMFS proposes to update the list of species and/or stocks 
incidentally killed or injured by fisheries in the Pacific Ocean (Table 
1). The agency notes here that while only mortalities and ``serious 
injuries'' are used to categorize fisheries as Category I, II, or III, 
the list of species and/or stocks incidentally killed or injured 
includes stocks that have any documented mortalities or injuries, 
including ``non-serious'' injuries. For information on how NMFS 
determines whether a particular injury is serious or non-serious, 
please see NMFS Instruction 02-038-01, ``Process for Distinguishing 
Serious from Non-Serious Injury of Marine Mammals'' (https://www.nmfs.noaa.gov/pr/laws/mmpa/policies.htm). NMFS proposes the 
following updates:
    NMFS proposes to add the Central North Pacific stock of humpback 
whales to the list of species and/or stocks killed or injured in the 
Category III HI crab trap fishery. From 2007-2011, five humpback whales 
were reported as entangled in Hawaii trap gear (Lyman 2013, NMFS 
unpublished data). The gear involved in two of the five entanglements 
was identified as crab trap gear, the gear involved in one was 
identified as possibly crab trap gear, and the gear involved in the 
remaining two could not be identified to a specific trap fishery (NMFS 
unpublished data). Pre-mitigation injury determinations for the crab 
trap and possible crab trap entanglements were two serious injuries and 
one prorated as 0.75 serious injury (Bradford and Lyman 2013, NMFS 
unpublished data). Based on these data, humpback serious injury and 
mortality in the crab trap fishery from 2007-2011 is 2.75, with a 5-
year annual average of 0.55 per year. The fishery remains a Category 
III fishery based on the following tier analysis: Tier 1: The stock's 
PBR level is 61.2 (Allen and Angliss 2013). Total commercial fishery-
related mortality and serious injury of this stock from 2007-2011 is an 
average of 1.1 per year (0.55 from confirmed commercial fisheries, as 
reported in Allen and Angliss 2013, plus 0.55 from the Hawaii crab trap 
fishery noted above), which is 1.8% of the stock's PBR. This is less 
than 10% of the PBR, so a Tier 2 analysis is not necessary. The Hawaii 
crab trap fishery warrants Category III classification.
    NMFS proposes to add the South Central Alaska stock of northern sea 
otters to the list of species and/or stocks killed or injured in the 
Category II AK Cook Inlet salmon set gillnet fishery. Sea otter 
mortalities were documented in set nets in Seldovia Bay and Clam Gulch 
in 2009.
    NMFS proposes to add the South Central Alaska stock of northern sea 
otters to the list of species and/or stocks killed or injured in the 
Category III AK Prince William Sound set gillnet fishery. A sea otter 
mortality was documented in a set net near Egg Island in 2013.
    NMFS proposes to add the Alaska stock of ringed seals to the list 
of species and/or stocks killed or injured in the Category III AK 
Bering Sea, Aleutian Islands Pacific cod trawl fishery. An observer 
report documented a ringed seal mortality in 2011.
    NMFS proposes to add the Alaska stock of ringed seals to the list 
of species and/or stocks killed or injured in the Category III AK 
Bering Sea, Aleutian Islands Pacific cod longline fishery. An observer 
report documented a ringed seal mortality in 2011.
    NMFS proposes to remove the Hawaiian monk seal from the list of 
species and/or stocks killed or injured in the Category III HI MHI deep 
sea bottomfish handline fishery (proposed to be renamed ``HI bottomfish 
handline''). Although the SAR reports monk seal hookings in the main 
Hawaiian Islands, no mortalities or injuries are attributed to the 
deep-sea bottomfish handline fishery (Carretta et al. 2013).
    NMFS proposes to remove the Hawaiian monk seal from the list of 
species and/or stocks killed or injured in the Category III HI lobster 
trap fishery. The Hawaiian monk seal has been listed as injured or 
killed in the lobster trap fishery since the fishery was added to the 
LOF in 1996. Lobster trap fishing effort in Hawaii is substantially 
different now than when it was originally added to the LOF. Commercial 
fishing is now prohibited within the Papahanaumokuakea Marine National 
Monument in the Northwest Hawaiian Islands, where most lobster trap 
fishing in Hawaii historically occurred, and lobster trap fishing 
effort is very low within the main Hawaiian Islands, with fewer than 
three active commercial fishermen. There are no reports of monk seal 
entanglements involving this gear since 1986, when one monk seal died 
in a trap in the Northwestern Hawaiian Islands. The SAR reports no monk 
seal mortalities or injuries in the fishery (Carretta et al. 2013). 
NMFS previously retained this species on the list of species and/or 
stocks injured or killed in this fishery because monk seals in the main 
Hawaiian Islands are hooked and entangled in fishing gear at a rate 
that cannot be reliably assessed. However, given the very low fishing 
effort and lack of any reports of monk seal injuries or mortalities in 
this fishery in almost 20 years, NMFS proposes to remove the species 
from the list of species injured or killed in the lobster trap fishery.

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

Addition of Fisheries

    NMFS proposes to add the Gulf of Maine sea urchin dredge to the 
list of Category III fisheries. Sea urchin dredges are used in state 
waters in the Gulf of Maine to harvest green sea urchins 
(Strongylocentrotus drobachiensis). This fishery uses dredge gear that 
has an upturned, sled-like shape at the front that includes several 
automobile leaf springs tied together with a steel bar. A tow bail is 
welded to one of the springs and a chain mat is rigged behind the mouth 
box frame. The frame is fitted with skids or wheels. The springs act as 
runners, enabling the sled to move over rocks without hanging up. The 
chain mat scrapes up the urchins. The bag is fitted with a cod-end for 
ease of emptying. This gear is generally used in depths up to 27.5 m 
(90ft) (Stevenson et al., 2004). There have been no

[[Page 50597]]

documented interactions of this fishery with marine mammals. This 
fishery is not currently observed and is not managed under a federal 
fishery management plan (FMP).
    NMFS proposes to add the Mid-Atlantic blue crab dredge fishery to 
the list of Category III fisheries. Blue crabs (Callinectes sapidus) 
are harvested with dredges (or ``scrapes'') similar to oyster dredges 
in state waters in New York, New Jersey, Delaware, Virginia, and North 
Carolina. Stem-rig dredge boats (approximately 15m (49-ft) long) tow 
two dredges in tandem from a single chain warp. The dredges are 
equipped with 10-cm (4-in) long teeth that rake the crabs out of the 
bottom (Stevenson et al., 2004). There have been no documented 
interactions of this fishery with marine mammals. This fishery is not 
currently observed. It is managed under interstate FMPs.
    NMFS proposes to add the Mid-Atlantic whelk dredge fishery to the 
list of Category III fisheries. In this fishery, assorted dredges or 
rakes may be used to target channeled and knobbed whelks (Busycon 
canaliculatus and B. carica, respectively) in New York, Delaware, and 
Virginia (Stevenson et al. 2004). Toothed crab dredges and dredges with 
a toothless bar or a chain in place of the toothed bar may be used 
(Bruce 2006). There have been no documented interactions of this 
fishery with marine mammals. This fishery is not currently observed and 
is not managed under a federal fishery management plan.
    NMFS proposes to add the Mid-Atlantic soft shell clam dredge 
fishery to the list of Category III fisheries. This fishery uses 
hydraulic dredges to target soft shell clams (Mya arenaria) in the 
state waters of Maryland and Virginia. In this fishery, the dredge 
manifold and blade are located just forward of an escalator, or 
conveyor belt, that carries the clams to the deck of the vessel. 
Escalator dredges are typically operated from 15-m (49-ft) vessels in 
water depths of 2-6 m (7-20 ft). This gear cannot be operated in water 
depths less than one-half the length of the escalator. Use of the 
escalator dredge is not managed under federal FMPs. This gear is 
subject to many of the same state laws and regulations that apply to 
surf clam and ocean quahog dredges in state waters (Stevenson et al., 
2004). There have been no documented interactions of this fishery with 
marine mammals. This fishery is not currently observed.

List of Species and/or Stocks Incidentally Killed or Injured in the 
Atlantic Ocean, Gulf of Mexico, and Caribbean

    NMFS proposes the following additions to and deletions from the 
list of marine mammal species and/or stocks incidentally killed or 
injured in commercial fisheries in the Atlantic, Gulf of Mexico, and 
Caribbean (Table 2). These additions and deletions are based on 
information contained in the U.S. Atlantic and Gulf of Mexico Marine 
Mammal Stock Assessments, strandings data, and/or observer data. The 
agency notes here that while only mortalities and ``serious injuries'' 
are used to categorize fisheries as Category I, II, or III, the list of 
species and/or stocks incidentally killed or injured includes stocks 
that have any documented mortalities or injuries, including ``non-
serious'' injuries. For information on how NMFS determines whether a 
particular injury is serious or non-serious, please see NMFS 
Instruction 02-038-01, ``Process for Distinguishing Serious from Non-
Serious Injury of Marine Mammals'' (https://www.nmfs.noaa.gov/pr/laws/mmpa/policies.htm). NMFS proposes the following updates:
    NMFS proposes to add the Canadian East Coast stock of minke whales 
to the list of species and/or stocks incidentally killed or injured by 
the Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 
longline fishery. In 2010, a minke whale was caught in the pelagic 
longline fishery, South Atlantic Bight fishing area; it was released 
alive and not seriously injured (Garrison and Stokes, 2012 cited in 
Waring et al., 2013).
    NMFS proposes to add the Western North Atlantic stock of Kogia 
species whale (pygmy or dwarf sperm whale) to the list of species and/
or stocks incidentally killed or injured in the Category I Atlantic 
Ocean, Caribbean, and Gulf of Mexico large pelagics longline fishery. A 
2011 observer report documented this fishery seriously injuring a Kogia 
species.
    NMFS proposes to add the Western North Atlantic stock of false 
killer whale to the list of species and/or stocks incidentally killed 
or injured in the Category I Atlantic Ocean, Caribbean, and Gulf of 
Mexico large pelagics longline fishery. A 2011 observer report 
documented a false killer whale injury by this fishery.
    NMFS proposes to add the Florida stock of West Indian manatee to 
the list of species and/or stocks incidentally killed or injured by the 
Category II Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl 
fishery. A manatee was killed in 2010 by the Georgia in-shore bait 
fishery, which is included in this fishery (USFWS, 2014).
    NMFS proposes to update the stock names of bottlenose dolphins on 
the list of species and/or stocks incidentally killed or injured in 
Atlantic Ocean, Gulf of Mexico, and Caribbean fisheries to align with 
recently identified stocks in the SARs. In 2009, NMFS began splitting 
stock complexes of bottlenose dolphins into individually defined stocks 
in the SARs. Specifically, the WNA Coastal stocks were split into 15 
stocks between 2009 and 2013: 1. Biscayne Bay stock, 2. Central Florida 
coastal stock, 3. Charleston Estuarine System stock, 4. Florida Bay 
stock, 5. Indian River Lagoon Estuarine System stock, 6. Jacksonville 
Estuarine System stock, 7. Northern Florida Coastal stock, 8. Northern 
Georgia/Southern South Carolina Estuarine System stock, 9. Northern 
South Carolina Estuarine System stock, 10. Northern Migratory Coastal 
stock, 11. Northern North Carolina Estuarine System stock, 12. SC/GA 
coastal, 13. Southern Georgia Estuarine System stock, 14. Southern 
Migratory coastal, and 15. Southern North Carolina Estuarine System 
stock.
    Bottlenose dolphins on the Atlantic coast were listed on the LOF, 
through 2010, by the stock complex name ``bottlenose dolphin, WNA 
coastal.'' In the 2011-2014 LOFs, newly defined bottlenose dolphin 
stocks broken out from the WNA coastal complex were added to the list 
of species and/or stocks incidentally killed or injured by a fishery if 
they overlapped in time and space with the fishery and if the fishery 
had been originally listed as interacting with the ``WNA coastal'' 
stock. Some newly defined stocks were also added based on spatial and 
temporal overlap with a fishery take documented in self-reports, 
strandings data, or observer data. Along the Atlantic coast, there is 
some uncertainty regarding which of the 15 newly identified bottlenose 
dolphin stocks or combination of stocks interact with Atlantic 
fisheries. Due to spatial and temporal overlap of stocks with active 
fisheries and uncertainty in stock identification for historic takes it 
is unclear, in some cases, exactly which stock a fishery take should be 
assigned to and in these instances all potential stocks in range of the 
take were historically added.
    Beginning with this 2015 LOF, we will add a bottlenose dolphin 
stock to the list of species and/or stocks incidentally killed or 
injured only if a fishery take can be definitively identified to a 
specific stock. If the fishery mortality or injury cannot be

[[Page 50598]]

definitively identified to a particular stock due to multiple stocks 
overlapping in time and space with the fishery take location, then we 
will list ``bottlenose dolphin, unknown'' on the LOF with the potential 
stock names within range in parentheses. We will review the bottlenose 
dolphin stocks currently listed on the LOF to ensure that they are 
consistent with this new approach and include any necessary corrections 
in future LOFs.
    We propose to update the list of species and/or stocks on Table 2 
to reflect the following administrative changes:
    1. Add the Northern South Carolina estuarine system stock to the 
Category II Atlantic blue crab trap/pot fishery. Burdett and McFee 
(2004) reviewed bottlenose dolphin strandings in South Carolina and 
found bottlenose dolphin entanglements associated with the blue crab 
fishery.
    2. Add unknown stocks of bottlenose dolphin to the Category II 
Southeastern U.S. Atlantic shark gillnet fishery. We propose to rename 
the Central Florida coastal stock and Northern Florida coastal stocks 
as ``Bottlenose dolphin, unknown stocks.'' There is some uncertainty 
regarding which of four bottlenose dolphin stocks or combination of 
stocks interact with the Southeastern U.S. Atlantic shark gillnet 
fishery. Due to spatial overlap of stocks when the fishery is active 
and uncertainty in stock identification for historic takes, 
interactions with this fishery can be either assigned to the Central 
Florida coastal stock, Northern Florida coastal stock, Southern 
migratory coastal stock, or South Carolina/Georgia coastal stock.
    3. Add unknown stocks of bottlenose dolphin to the Category II 
North Carolina roe mullet stop net fishery. There is some uncertainty 
regarding which of the bottlenose dolphin stocks or combination of 
stocks interact with the North Carolina roe mullet stop net fishery. 
Due to spatial overlap of stocks when the fishery is active and 
uncertainty in stock identification for some historic takes, we propose 
to combine the Southern North Carolina estuarine system stock and the 
Southern migratory coastal stock as ``Bottlenose dolphin, unknown 
stock.''
    NMFS proposes to add two stocks of bottlenose dolphins, Charleston 
estuarine system and Southern migratory coastal, to the list of the 
species and/or stocks incidentally killed or injured in the Category II 
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery. We 
propose to add the Charleston estuarine system stock based on a take 
reported in a 2013 MMPA mortality/injury report. We propose to add the 
Southern migratory coastal stock based on a dolphin mortality in 2006 
in a fisheries research shrimp trawl.
    NMFS proposes to add the Northern North Carolina estuarine system 
stock of bottlenose dolphins to the list of species and/or stocks 
incidentally killed or injured in the Category II North Carolina roe 
mullet stop net fishery. A Northern North Carolina estuarine system 
bottlenose dolphin mortality was reported in a 2013 MMPA mortality/
injury report.
    NMFS proposes to add the Northern South Carolina estuarine system 
stock of bottlenose dolphins to the list of species and/or stocks 
incidentally killed or injured in the Category III Southeast Atlantic 
inshore gillnet fishery. Based on strandings data, a mortality in this 
fishery was documented in 2011.
    NMFS proposes to add two stocks of bottlenose dolphins, 
Choctawhatchee Bay and Florida Bay, to the list of species and/or 
stocks incidentally killed or injured in the Category III Atlantic 
Ocean, Gulf of Mexico, Caribbean commercial passenger fishing vessel 
fishery. In 2008, there was a Choctawhatchee Bay dolphin calf mortality 
as a result of an attempt to disentangle the animal from monofilament 
line. We propose to add the Florida Bay stock based on an at-sea 
observation in 2011 of a Florida Bay dolphin entangled in monofilament.
    NMFS proposes to remove the Western North Atlantic stock of gray 
seal from the list of species and/or stocks incidentally killed or 
injured in the Category III Gulf of Maine herring and Atlantic mackerel 
stop seine/weir fishery. According to Waring et al. (2013), there have 
been no reports of gray seal injuries or deaths caused by the Gulf of 
Maine herring and Atlantic mackerel stop seine/weir fishery over the 
past five years. We are soliciting public input through the 2015 
Proposed List of Fisheries as to whether or not anecdotal evidence 
exists for keeping this species listed as a species injured or killed 
by this Category III fishery.
    NMFS proposes to remove the Western North Atlantic stock of long-
finned and short-finned pilot whales from the list of species and/or 
stocks incidentally killed or injured in the Category I Mid-Atlantic 
gillnet fishery. The last known documented take of a pilot whale (sp.) 
in this fishery was in 1998.
    NMFS proposes to remove the Western North Atlantic stock of 
Northern bottlenose whale from the list of species and/or stocks 
incidentally killed or injured in the Category I Atlantic Ocean, 
Caribbean, Gulf of Mexico large pelagics longline fishery. This species 
was listed by analogy in the 2007 LOF due to a fishery interaction in 
2001 in the U.S. Northeast Distant Waters (NED) experimental pelagic 
longline fishery in Canadian waters where the animal taken was observed 
to be seriously injured. Since 2001, there have been no additional 
takes documented in this fishery despite continued observer coverage in 
this fishery.
    NMFS proposes to make the following typographical corrections to 
the list of marine mammal species and/or stocks incidentally killed or 
injured: Remove Northern migratory coastal stock of bottlenose dolphin 
from the NC roe mullet stop net fishery; add Northern migratory coastal 
stock of bottlenose dolphin to, and remove Southern North Carolina 
estuarine system stock of bottlenose dolphin from, the VA pound net 
fishery; and add Gulf of Mexico stock of Gervais beaked whale to the 
Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline.
    NMFS proposes to correct a stock name listed under the Category III 
Georgia cannonball jellyfish trawl fishery from ``Southern South 
Carolina/Georgia'' stock of bottlenose dolphins to ``SC/GA coastal'' 
stock.

Commercial Fisheries on the High Seas

Addition of Fisheries

    NMFS proposes to add the Northwest Atlantic trawl fishery to the 
list of Category III fisheries. This fishery is also managed under the 
Convention on Future Multilateral Cooperation in the Northwest Atlantic 
Fisheries (16 U.S.C. 5601) and operates in the Northwest Atlantic 
Fisheries Organization's (NAFO) Regulatory Area (NRA) in accordance 
with NAFO's Conservation and Enforcement Measures. The NRA is located 
roughly north of 35[deg] N latitude and west of 42[deg] W longitude in 
the Northwest Atlantic outside of the Exclusive Economic Zones of the 
United States, Canada, France (with respect to St. Pierre and 
Miquelon), and Denmark (with respect to Greenland). Yellowtail 
flounder, American plaice, wolfish (unclassified), skates, Atlantic 
cod, haddock, Atlantic halibut, monkfish, redfish, Greenland halibut, 
shrimp, and Illex squid are the primary target species for this 
fishery. We propose to list this fishery as Category III because the 
high seas Northwest Atlantic trawl fishery has operated with 100% 
observer coverage for the two years of its operation and no marine 
mammal interactions have been documented.

[[Page 50599]]

    NMFS proposes to add the Northwest Atlantic bottom longline fishery 
to the list of Category III fisheries. This fishery is managed under 
the Convention on Future Multilateral Cooperation in the Northwest 
Atlantic Fisheries (16 U.S.C. 5601) and operates in the NRA in 
accordance with NAFO's Conservation and Enforcement Measures. The high 
seas Northwest Atlantic bottom longline fishery began operation in 
2014. Based on analogy to other bottom longline fisheries, we 
anticipate that this fishery will have a remote likelihood of 
incidental mortality or serious injury of marine mammals. Therefore, we 
propose to list this fishery as Category III.

Number of Vessels/Persons

    NMFS proposes to update the estimated number of HSFCA permits in 
multiple high seas fisheries for multiple gear types (Table 3). The 
proposed updated numbers of HSFCA permits reflect the current number of 
permits in the NMFS National Permit System database, with the exception 
of the Western Pacific Pelagic HI deep-set and shallow-set component 
longline fisheries. The HSFCA permit does not distinguish between deep 
and shallow-set, therefore, the estimated number of participants from 
Table 1 for only these fisheries is used. NMFS proposes to update the 
estimated number of HSFCA permits as follows:

------------------------------------------------------------------------
                                             Number of       Number of
                                           HSFCA permits   HSFCA permits
      Category              Fishery         (final 2014   (proposed 2015
                                               LOF)            LOF)
------------------------------------------------------------------------
I...................  Atlantic Highly                 84              83
                       Migratory Species
                       Longline.
I...................  Western Pacific                124             128
                       Pelagic (HI Deep-
                       set component).
II..................  South Pacific Tuna              40              38
                       Fisheries Purse
                       Seine.
II..................  Western Pacific                 28              18
                       Pelagic (HI
                       Shallow-set
                       component).
II..................  Atlantic Highly                  3               2
                       Migratory Species
                       Handline/Pole and
                       Line.
II..................  Pacific Highly                  46              41
                       Migratory Species
                       Handline/Pole and
                       Line.
II..................  South Pacific                    9               8
                       Albacore Troll
                       Handline/Pole and
                       Line.
II..................  Western Pacific                  5               3
                       Pelagic Handline/
                       Pole and Line.
II..................  Atlantic Highly                  4               2
                       Migratory Species
                       Troll.
II..................  South Pacific                   33              35
                       Albacore Troll.
II..................  South Pacific Tuna               2               3
                       Fisheries Troll.
II..................  Pacific Highly                   3               1
                       Migratory Species
                       Liners Nei.
III.................  Pacific Highly                 101             100
                       Migratory Species
                       Longline.
III.................  Pacific Highly                   8               5
                       Migratory Species
                       Purse Seine.
III.................  Pacific Highly                 262             253
                       Migratory Species
                       Troll.
------------------------------------------------------------------------

List of Species and/or Stocks Incidentally Killed or Injured in High 
Seas Fisheries

    NMFS proposes to update the list of species and/or stocks 
incidentally killed or injured by fisheries in high seas fisheries 
(Table 3). The agency notes here that while only mortalities and 
``serious injuries'' are used to categorize fisheries as Category I, 
II, or III, the list of species and/or stocks incidentally killed or 
injured includes stocks that have any documented mortalities or 
injuries, including ``non-serious'' injuries. For information on how 
NMFS determines whether a particular injury is serious or non-serious, 
please see NMFS Instruction 02-038-01, ``Process for Distinguishing 
Serious from Non-Serious Injury of Marine Mammals'' (https://www.nmfs.noaa.gov/pr/laws/mmpa/policies.htm). The lists of species and/
or stocks injured or killed in fisheries that operate both within U.S. 
waters and on the high seas are identical to their Table 1 or 2 
counterparts, except for those with distributions known to occur on 
only one side of the EEZ boundary. Stock structure on the high seas is 
unclear or unknown for most species, which leads to uncertainty in 
stock identification for animals injured or killed on the high seas. 
Therefore, for Table 3, we report the stock names as identified in the 
SARs. NMFS proposes the following updates:
    NMFS proposes to add the Canadian East Coast stock of minke whales 
to the list of species incidentally killed or injured by the Category I 
Atlantic highly migratory species longline fishery. In 2010, a minke 
whale was caught but released alive with no serious injury in the 
Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 
longline fishery, South Atlantic Bight fishing area (Garrison and 
Stokes 2012 cited in Waring et al., 2013). The Category I Atlantic 
highly migratory species longline fishery is considered to be the high 
seas extension of the Atlantic Ocean, Caribbean, Gulf of Mexico large 
pelagics longline fishery, utilizing the same gear and fishing 
practices. Since minke whales may also occur on the high seas and have 
been documented to interact with the domestic component of this fishery 
(Garrison and Stokes 2012 cited in Waring et al., 2013), we propose to 
add the Canadian East Coast stock of minke whale to the list of species 
incidentally killed or injured in the Atlantic highly migratory species 
longline fishery.
    NMFS proposes to add the Western North Atlantic stock of Kogia spp. 
whale (pygmy or dwarf sperm whale) to the list of species and/or stocks 
incidentally killed or injured by Category I Atlantic highly migratory 
species longline fishery. In 2011, an observer report documented that a 
Kogia species was seriously injured by the Atlantic Ocean, Caribbean, 
Gulf of Mexico large pelagics longline fishery. This stock may reside 
outside of EEZ waters, thus it has the potential to interact with the 
high seas portion of the pelagic longline fishery.
    NMFS proposes to add the Western North Atlantic stock of false 
killer whales to the list of species incidentally killed or injured by 
Category I Atlantic highly migratory species longline fishery. In 2011, 
an observer report documented that a false killer whale was injured by 
the Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline 
fishery. This stock may reside outside of EEZ waters, thus it has the 
potential to interact with the high seas portion of the pelagic 
longline fishery.
    NMFS proposes to add the Gulf of Mexico stock of Risso's dolphins 
to the list of species incidentally killed or injured by Category I 
Atlantic highly migratory species longline fishery. In 2011, an 
observer report documented injury to Risso's dolphins by the Atlantic 
Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery. This 
stock may reside outside of EEZ

[[Page 50600]]

waters, thus it has the potential to interact with the high seas 
portion of the pelagic longline fishery.
    NMFS proposes to add the Gulf of Mexico oceanic stock of killer 
whales to the list of species incidentally killed or injured by the 
Category I Atlantic highly migratory species longline fishery. In 2008, 
an observer report documented an entangled killer whale in the Atlantic 
Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery. This 
stock may reside outside of EEZ waters, thus it has the potential to 
interact with the high seas portion of the pelagic longline fishery.
    NMFS proposes to add the Western North Atlantic stock of 
Pantropical spotted dolphins to the to the list of species incidentally 
killed or injured by Category I Atlantic highly migratory species 
longline fishery. In 2005, an observer report documented an interaction 
with the Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 
longline fishery. This stock may reside outside of EEZ waters, thus it 
has the potential to interact with the high seas portion of the pelagic 
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 estimates 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 valid HSFCA 
permits currently held. Although this likely overestimates the number 
of active participants in many of these fisheries, the number of valid 
HSFCA permits is the most reliable data on the potential effort in high 
seas fisheries at this time. As noted previously 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 holding HSFCA permits also fish within U.S. waters and 
are included in the number of vessels and participants operating within 
those fisheries in Tables 1 and 2.
    Tables 1, 2, and 3 also list the marine mammal species and/or 
stocks incidentally killed or injured (seriously or non-seriously) in 
each fishery based on SARs, injury determination reports, bycatch 
estimation reports, observer data, logbook data, stranding data, 
disentanglement network data, fisher self-reports (i.e. MMPA reports), 
and anecdotal reports. The best available scientific information 
included in these reports is based on data through 2011. This list 
includes all species and/or stocks known to be injured or killed in a 
given fishery but also includes species and/or stocks for which there 
are anecdotal records of a mortality or injury. Additionally, species 
identified by logbook entries, stranding data, or fishermen self-
reports (i.e., MMPA reports) may not be verified. In Tables 1 and 2, 
NMFS has designated those species/stocks driving a fishery's 
classification (i.e., the fishery is classified based on mortalities 
and serious injuries of a marine mammal stock that are greater than or 
equal to 50 percent [Category I], or greater than 1 percent and less 
than 50 percent [Category II], of a stock's PBR) by a ``\1\'' after the 
stock's name.
    In Tables 1 and 2, there are several fisheries classified as 
Category II that have no recent documented mortalities or serious 
injuries of marine mammals, or fisheries that did not result in a 
mortality or serious injury rate greater than 1 percent of a stock's 
PBR level based on known interactions. NMFS has classified these 
fisheries by analogy to other Category I or II fisheries that use 
similar fishing techniques or gear that are known to cause mortality or 
serious injury of marine mammals, as discussed in the final LOF for 
1996 (60 FR 67063, December 28, 1995), and according to factors listed 
in the definition of a ``Category II fishery'' in 50 CFR 229.2 (i.e., 
fishing techniques, gear 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        Marine mammal
                                       number of       species and/or
        Fishery description            vessels/      stocks incidentally
                                        persons       killed or injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:

[[Page 50601]]

 
    HI deep-set longline * [caret]             128  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.
GILLNET FISHERIES:
    CA thresher shark/swordfish                 19  Bottlenose dolphin,
     drift gillnet (>=14 in mesh)                    CA/OR/WA offshore.
     *.                                             California sea lion,
                                                     U.S.
                                                    Humpback whale, CA/
                                                     OR/WA.
                                                    Long-beaked common
                                                     dolphin, CA.
                                                    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                50  California sea lion,
     other species set gillnet                       U.S.
     (>3.5 in mesh).                                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.
    CA yellowtail, barracuda, and               30  California sea lion,
     white seabass drift gillnet                     U.S.
     (mesh size >=3.5 in and <14                    Long-beaked common
     in) \ 2\.                                       dolphin, CA.
                                                    Short-beaked common
                                                     dolphin, CA/OR/WA.
    AK Bristol Bay salmon drift              1,862  Beluga whale,
     gillnet \2\.                                    Bristol Bay.
                                                    Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, Bering
                                                     Sea.
                                                    Northern fur seal,
                                                     Eastern Pacific.
                                                    Pacific white-sided
                                                     dolphin, North
                                                     Pacific.
                                                    Spotted seal, AK.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Bristol Bay salmon set                  979  Beluga whale,
     gillnet \2\.                                    Bristol Bay.
                                                    Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, Bering
                                                     Sea.
                                                    Northern fur seal,
                                                     Eastern Pacific.
                                                    Spotted seal, AK.
    AK Kodiak salmon set gillnet..             188  Harbor porpoise,
                                                     GOA.\1\
                                                    Harbor seal, GOA.
                                                    Sea otter, Southwest
                                                     AK.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Cook Inlet salmon set                   736  Beluga whale, Cook
     gillnet.                                        Inlet.
                                                    Dall's porpoise, AK.
                                                    Harbor porpoise,
                                                     GOA.
                                                    Harbor seal, GOA.
                                                    Humpback whale,
                                                     Central North
                                                     Pacific.\1\
                                                    Sea otter, South
                                                     Central AK.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Cook Inlet salmon drift                 569  Beluga whale, Cook
     gillnet.                                        Inlet.
                                                    Dall's porpoise, AK.
                                                    Harbor porpoise,
                                                     GOA.\1\
                                                    Harbor seal, GOA.
                                                    Steller sea lion,
                                                     Western U.S.
    AK Peninsula/Aleutian Islands              162  Dall's porpoise, AK.
     salmon drift gillnet \2\.                      Harbor porpoise,
                                                     GOA.
                                                    Harbor seal, GOA.
                                                    Northern fur seal,
                                                     Eastern Pacific.
    AK Peninsula/Aleutian Islands              113  Harbor porpoise,
     salmon set gillnet \2\.                         Bering Sea.
                                                    Steller sea lion,
                                                     Western U.S.

[[Page 50602]]

 
    AK Prince William Sound salmon             537  Dall's porpoise, AK.
     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                      168  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 salmon               210  Dall's porpoise, CA/
     drift gillnet (includes all                     OR/WA.
     inland waters south of US-                     Harbor porpoise,
     Canada border and eastward of                   inland WA.\1\
     the Bonilla-Tatoosh line-                      Harbor seal, WA
     Treaty Indian fishing is                        inland.
     excluded).
PURSE SEINE FISHERIES:              ..............  ....................
    AK Cook Inlet salmon purse                  83  Humpback whale,
     seine.                                          Central North
                                                     Pacific.\1\
    AK Kodiak salmon purse seine..             376  Humpback whale,
                                                     Central North
                                                     Pacific.\1\
TRAWL FISHERIES:                    ..............  ....................
    AK Bering Sea, Aleutian                     32  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                    102  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                     17  Killer whale, ENP AK
     Islands rockfish trawl.                         resident.\1\
                                                    Killer whale, GOA,
                                                     AI, BS
                                                     transient.\1\
POT, RING NET, AND TRAP FISHERIES:  ..............  ....................
    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 pot.             228  Gray whale, Eastern
                                                     North Pacific.
                                                    Humpback whale, CA/
                                                     OR/WA.\1\
LONGLINE/SET LINE FISHERIES:        ..............  ....................
    HI shallow-set longline *                   18  Blainville's beaked
     [caret].                                        whale, HI.
                                                    Bottlenose dolphin,
                                                     HI Pelagic.
                                                    False killer whale,
                                                     HI Pelagic.\1\
                                                    Humpback whale,
                                                     Central North
                                                     Pacific.
                                                    Kogia spp. whale
                                                     (Pygmy or dwarf
                                                     sperm whale), HI.
                                                    Risso's dolphin, HI.
                                                    Short-finned pilot
                                                     whale, HI.
                                                    Striped dolphin, HI.

[[Page 50603]]

 
    American Samoa longline. \2\..              25  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\..............               6  None documented.
�����������������������������������
                              CATEGORY III
------------------------------------------------------------------------
GILLNET FISHERIES:
    AK Kuskokwim, Yukon, Norton              1,778  Harbor porpoise,
     Sound, Kotzebue salmon                          Bering Sea.
     gillnet.
    AK miscellaneous finfish set                54  Steller sea lion,
     gillnet.                                        Western U.S.
    AK Prince William Sound salmon              29  Harbor seal, GOA.
     set gillnet.                                   Sea otter, South
                                                     Central AK.
                                                    Steller sea lion,
                                                     Western U.S.
    AK roe herring and food/bait               920  None documented.
     herring gillnet.
    CA set gillnet (mesh size <3.5             304  None documented.
     in).
    HI inshore gillnet............              42  Bottlenose dolphin,
                                                     HI.
                                                    Spinner dolphin, HI.
    WA Grays Harbor salmon drift                24  Harbor seal, OR/WA
     gillnet (excluding treaty                       coast.
     Tribal fishing).
    WA/OR herring, smelt, shad,                913  None documented.
     sturgeon, bottom fish,
     mullet, perch, rockfish
     gillnet.
    WA/OR lower Columbia River                 110  California sea lion,
     (includes tributaries) drift                    U.S.
     gillnet.                                       Harbor seal, OR/WA
                                                     coast.
    WA Willapa Bay drift gillnet..              82  Harbor seal, OR/WA
                                                     coast.
                                                    Northern elephant
                                                     seal, CA breeding.
MISCELLANEOUS NET FISHERIES:        ..............  ....................
    AK Southeast salmon purse                  315  None documented in
     seine.                                          the most recent 5
                                                     years of data.
    AK Metlakatla salmon purse                  10  None documented.
     seine.
    AK miscellaneous finfish beach               2  None documented.
     seine.
    AK miscellaneous finfish purse               2  None documented.
     seine.
    AK octopus/squid purse seine..               0  None documented.
    AK roe herring and food/bait                10  None documented.
     herring beach seine.
    AK roe herring and food/bait               356  None documented.
     herring purse seine.
    AK salmon beach seine.........              31  None documented.
    AK salmon purse seine                      936  Harbor seal, GOA.
     (excluding salmon purse seine
     fisheries listed as Category
     II).
    CA anchovy, mackerel, sardine               65  California sea lion,
     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 seine               235  None documented.
     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 lift net...................              21  None documented.
    HI inshore purse seine........              <3  None documented.
    HI throw net, cast net........              20  None documented.
    HI seine net..................              21  None documented.
DIP NET FISHERIES:                  ..............  ....................
    CA squid dip net..............             115  None documented.
    WA/OR smelt, herring dip net..             119  None documented.
MARINE AQUACULTURE FISHERIES:       ..............  ....................
    CA marine shellfish                    unknown  None documented.
     aquaculture.
    CA salmon enhancement rearing               >1  None documented.
     pen.
    CA white seabass enhancement                13  California sea lion,
     net pens.                                       U.S.
    HI offshore pen culture.......               2  None documented.
    WA/OR salmon net pens.........              14  California sea lion,
                                                     U.S.
                                                    Harbor seal, WA
                                                     inland waters.
TROLL FISHERIES:                    ..............  ....................
    AK North Pacific halibut, AK    1,320 (180 AK)  None documented.
     bottom fish, WA/OR/CA
     albacore, groundfish, bottom
     fish, CA halibut non-salmonid
     troll fisheries *.
    AK salmon troll...............           1,908  Steller sea lion,
                                                     Eastern U.S.
                                                    Steller sea lion,
                                                     Western U.S.

[[Page 50604]]

 
    American Samoa tuna troll.....               7  None documented.
    CA/OR/WA salmon troll.........           4,300  None documented.
    HI troll......................           1,755  Pantropical spotted
                                                     dolphin, HI.
    HI rod and reel...............             221  None documented.
    Commonwealth of the Northern                40  None documented.
     Mariana Islands tuna troll.
    Guam tuna troll...............             432  None documented.
LONGLINE/SET LINE FISHERIES:        ..............  ....................
    AK Bering Sea, Aleutian                     45  Dall's Porpoise, AK.
     Islands Pacific cod longline.                  Northern fur seal,
                                                     Eastern Pacific.
                                                    Ringed seal, AK.
    AK Bering Sea, Aleutian                      3  None documented.
     Islands rockfish longline.
    AK Bering Sea, Aleutian                      4  Killer whale, AK
     Islands Greenland turbot                        resident.
     longline.
    AK Bering Sea, Aleutian                     22  None documented.
     Islands sablefish longline.
    AK Gulf of Alaska halibut                  855  None documented.
     longline.
    AK Gulf of Alaska Pacific cod               92  Steller sea lion,
     longline.                                       Western U.S.
    AK Gulf of Alaska rockfish                  25  None documented.
     longline.
    AK Gulf of Alaska sablefish                295  Sperm whale, North
     longline.                                       Pacific.
    AK halibut longline/set line             2,197  None documented in
     (state and Federal waters).                     the most recent 5
                                                     years of data.
    AK octopus/squid longline.....               3  None documented.
    AK state-managed waters                    464  None documented.
     longline/setline (including
     sablefish, rockfish, lingcod,
     and miscellaneous finfish).
    WA/OR/CA groundfish,                       367  Bottlenose dolphin,
     bottomfish longline/set line.                   CA/OR/WA offshore.
    WA/OR Pacific halibut                      350  None documented.
     longline..
    CA pelagic longline...........               1  None documented in
                                                     the most recent 5
                                                     years of data.
    HI kaka line..................              24  None documented.
    HI vertical line..............               6  None documented.
TRAWL FISHERIES:                    ..............  ....................
    AK Bering Sea, Aleutian                     13  Ribbon seal, AK.
     Islands Atka mackerel trawl.                   Steller sea lion,
                                                     Western U.S.
    AK Bering Sea, Aleutian                     72  Ringed seal, AK.
     Islands Pacific cod trawl.                     Steller sea lion,
                                                     Western U.S.
    AK Gulf of Alaska flatfish                  36  Northern elephant
     trawl.                                          seal, North
                                                     Pacific.
    AK Gulf of Alaska Pacific cod               55  Steller sea lion,
     trawl.                                          Western U.S.
    AK Gulf of Alaska pollock                   67  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                  43  None documented.
     trawl.
    AK food/bait herring trawl....               4  None documented.
    AK miscellaneous finfish otter/            282  None documented.
     beam trawl.
    AK shrimp otter trawl and beam              38  None documented.
     trawl (statewide and Cook
     Inlet).
    AK state-managed waters of                   2  None documented.
     Cook Inlet, Kachemak Bay,
     Prince William Sound,
     Southeast AK groundfish trawl.
    CA halibut bottom trawl.......              53  None documented.
    WA/OR/CA shrimp trawl.........             300  None documented.
    WA/OR/CA groundfish trawl.....         160-180  California sea lion,
                                                     U.S.
                                                    Dall's porpoise, CA/
                                                     OR/WA.
                                                    Harbor seal, OR/WA
                                                     coast.
                                                    Northern fur seal,
                                                     Eastern Pacific.
                                                    Pacific white-sided
                                                     dolphin, CA/OR/WA.
                                                    Steller sea lion,
                                                     Eastern U.S.
POT, RING NET, AND TRAP FISHERIES:  ..............  ....................
    AK statewide miscellaneous                   4  None documented.
     finfish pot.
    AK Aleutian Islands sablefish                4  None documented.
     pot..
    AK Bering Sea, Aleutian                     59  None documented.
     Islands Pacific cod pot.
    AK Bering Sea, Aleutian                    540  Grey whale, Eastern
     Islands crab pot.                               North Pacific.
    AK Bering Sea sablefish pot...               2  None documented.
    AK Gulf of Alaska crab pot....             381  None documented.
    AK Gulf of Alaska Pacific cod              128  Harbor seal, GOA.
     pot.
    AK Southeast Alaska crab pot..              41  Humpback whale,
                                                     Central North
                                                     Pacific (Southeast
                                                     AK).
    AK Southeast Alaska shrimp pot             269  Humpback whale,
                                                     Central North
                                                     Pacific (Southeast
                                                     AK).
    AK shrimp pot, except                      236  None documented.
     Southeast.
    AK octopus/squid pot..........              26  None documented.
    AK snail pot..................               1  None documented.
    CA/OR coonstripe shrimp pot...              10  Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, CA.
    CA rock crab pot..............             150  Gray whale, Eastern
                                                     North Pacific.
                                                    Harbor seal, CA

[[Page 50605]]

 
    CA spiny lobster..............             198  Gray whale, Eastern
                                                     North Pacific.
    WA/OR/CA hagfish pot..........              54  None documented.
    WA/OR shrimp pot/trap.........             254  None documented.
    WA Puget Sound Dungeness crab              249  None documented.
     pot/trap.
    HI crab trap..................               7  Humpback whale,
                                                     Central North
                                                     Pacific.
    HI fish trap..................               5  None documented.
    HI lobster trap...............              <3  None documented in
                                                     recent years.
    HI shrimp trap................               6  None documented.
    HI crab net...................               4  None documented.
    HI Kona crab loop net.........              35  None documented.
HOOK-AND-LINE, 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.....               7  None documented.
    American Samoa bottomfish.....              14  None documented.
    Commonwealth of the Northern                28  None documented.
     Mariana Islands bottomfish.
    Guam bottomfish...............            >300  None documented.
    HI aku boat, pole, and line...              <3  None documented.
    HI bottomfish handline........             578  None documented in
                                                     recent years.
    HI inshore handline...........             376  None documented.
    HI pelagic handline...........             484  None documented.
    WA groundfish, bottomfish jig.             679  None documented.
    Western Pacific squid jig.....              <3  None documented.
HARPOON FISHERIES:                  ..............  ....................
    CA swordfish harpoon..........              30  None documented.
POUND NET/WEIR FISHERIES:           ..............  ....................
    AK herring spawn on kelp pound             409  None documented.
     net.
    AK Southeast herring roe/food/               2  None documented.
     bait pound net.
    HI bullpen trap...............              <3  None documented.
BAIT PENS:                          ..............  ....................
    WA/OR/CA bait pens............              13  California sea lion,
                                                     U.S.
DREDGE FISHERIES:                   ..............  ....................
    Alaska scallop dredge.........      108 (5 AK)  None documented.
DIVE, HAND/MECHANICAL COLLECTION    ..............  ....................
 FISHERIES:
    AK abalone....................               0  None documented.
    AK clam.......................             130  None documented.
    AK Dungeness crab.............               2  None documented.
    AK herring spawn on kelp......             339  None documented.
    AK urchin and other fish/                  398  None documented.
     shellfish.
    CA sea urchin.................             583  None documented.
    HI black coral diving.........              <3  None documented.
    HI fish pond..................               5  None documented.
    HI handpick...................              58  None documented.
    HI lobster diving.............              23  None documented.
    HI spearfishing...............             159  None documented.
    WA/CA kelp....................               4  None documented.
    WA/OR sea urchin, other clam,              637  None documented.
     octopus, oyster, sea
     cucumber, scallop, ghost
     shrimp hand, dive, or
     mechanical collection.
    WA shellfish aquaculture......             684  None documented.
COMMERCIAL PASSENGER FISHING        ..............  ....................
 VESSEL (CHARTER BOAT) FISHERIES:
    AK/WA/OR/CA commercial                  >7,000  Killer whale,
     passenger fishing vessel.          (2,702 AK)   unknown.
                                                    Steller sea lion,
                                                     Eastern U.S.
                                                    Steller sea lion,
                                                     Western U.S.
LIVE FINFISH/SHELLFISH FISHERIES:   ..............  ....................
    CA nearshore finfish live trap/             93  None documented.
     hook-and-line.
    HI aquarium collecting........              90  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;
  [caret] The list of marine mammal species and/or stocks killed or
  injured in this fishery is identical to the list of species and/or
  stocks killed or injured in high seas component of the fishery, minus
  species and/or stocks have geographic ranges exclusively on the high
  seas. The species and/or stocks are found, and the fishery remains the
  same, on both sides of the EEZ boundary. Therefore, the EEZ components
  of these fisheries pose the same risk to marine mammals as the
  components operating on the high seas.


[[Page 50606]]


 Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
                      Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
                                       Estimated        Marine mammal
                                       number of       species and/or
        Fishery description            vessels/      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.
                                                    Minke whale,
                                                     Canadian east
                                                     coast.
                                                    Risso's dolphin,
                                                     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:
Atlantic Ocean, Caribbean, Gulf of             420  Atlantic spotted
 Mexico large pelagics longline*.                    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.
                                                    False killer whale,
                                                     WNA.
                                                    Gervais beaked
                                                     whale, GMX.
                                                    Killer whale, GMX
                                                     oceanic.
                                                    Kogia spp. (Pygmy or
                                                     dwarf sperm whale),
                                                     WNA.
                                    ..............  Long-finned pilot
                                                     whale, WNA.\1\
                                                    Mesoplodon beaked
                                                     whale, WNA.
                                                    Minke whale,
                                                     Canadian East
                                                     coast.
                                                    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 gillnet           1,126  None documented in
     \2\.                                            the most recent 5
                                                     years of data.
    Gulf of Mexico gillnet \2\....             724  Bottlenose dolphin,
                                                     GMX bay, sound, and
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Western GMX
                                                     coastal.
    NC inshore gillnet............           1,323  Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine
                                                     system.\1\
                                                    Bottlenose dolphin,
                                                     Southern NC
                                                     estuarine
                                                     system.\1\

[[Page 50607]]

 
    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 \2\             357  Bottlenose dolphin,
                                                     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.                                  unknown (Central
                                                     FL, Northern FL, SC/
                                                     GA coastal, or
                                                     Southern migratory
                                                     coastal).
                                                    North Atlantic right
                                                     whale, WNA.
TRAWL FISHERIES:
    Mid-Atlantic mid-water trawl               322  Common dolphin, WNA.
     (including pair trawl).                        Long-finned pilot
                                                     whale, WNA.
                                                    Risso's dolphin,
                                                     WNA.
                                                    Short-finned pilot
                                                     whale, WNA.
                                                    White-sided dolphin,
                                                     WNA.\1\
    Mid-Atlantic bottom trawl.....             631  Bottlenose dolphin,
                                                     WNA offshore.
                                                    Common dolphin,
                                                     WNA.\1\
                                                    Gray seal, WNA.
                                                    Harbor seal, WNA.
                                                    Long-finned pilot
                                                     whale, WNA.\1\
                                                    Risso's dolphin,
                                                     WNA.\1\
                                                    Short-finned pilot
                                                     whale, WNA.\1\
                                                    White-sided dolphin,
                                                     WNA.
    Northeast mid-water trawl                1,103  Gray seal, WNA.
     (including pair trawl).                        Harbor seal, WNA.
                                                    Long-finned pilot
                                                     whale, WNA.\1\
                                                    Short-finned pilot
                                                     whale, WNA.\1\
                                                    Common dolphin, WNA.
                                                    White-sided dolphin,
                                                     WNA.
    Northeast bottom trawl........           2,987  Bottlenose dolphin,
                                                     WNA offshore.
                                                    Common dolphin, WNA.
                                                    Gray seal, WNA.
                                                    Harbor porpoise, GME/
                                                     BF.
                                                    Harbor seal, WNA.
                                    ..............  Harp seal, WNA.
                                                    Long-finned pilot
                                                     whale, WNA.
                                                    Minke whale,
                                                     Canadian East
                                                     Coast.
                                                    Short-finned pilot
                                                     whale, WNA.
                                                    White-sided dolphin,
                                                     WNA.\1\
Southeastern U.S. Atlantic, Gulf             4,950  Atlantic spotted
 of Mexico shrimp trawl.                             dolphin, GMX
                                                     continental and
                                                     oceanic.
                                                    Bottlenose dolphin,
                                                     Charleston
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Eastern GMX
                                                     coastal.\1\
                                                    Bottlenose dolphin,
                                                     GMX bay, sound,
                                                     estuarine.\1\
                                                    Bottlenose dolphin,
                                                     GMX continental
                                                     shelf.
                                    ..............  Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     SC/GA coastal.\1\
                                                    Bottlenose dolphin,
                                                     Southern migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Western GMX
                                                     coastal.\1\
                                                    West Indian manatee,
                                                     Florida.
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.

[[Page 50608]]

 
    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,
                                                     Northern SC
                                                     estuarine system.
                                                    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 purse            40-42  Bottlenose dolphin,
     seine.                                          GMX bay, sound,
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal.\1\
                                                    Bottlenose dolphin,
                                                     Western GMX
                                                     coastal.\1\
    Mid-Atlantic menhaden purse                  5  Bottlenose dolphin,
     seine \2\.                                      Northern Migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Southern Migratory
                                                     coastal.
HAUL/BEACH SEINE FISHERIES:
    Mid-Atlantic haul/beach seine.             565  Bottlenose dolphin,
                                                     Northern 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 NC
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     unknown (Southern
                                                     migratory coastal
                                                     or Southern NC
                                                     estuarine system).
POUND NET FISHERIES:
    VA pound net..................              67  Bottlenose dolphin,
                                                     Northern migratory
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     Northern NC
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Southern Migratory
                                                     coastal.\1\
------------------------------------------------------------------------
                              CATEGORY III
------------------------------------------------------------------------
GILLNET FISHERIES:
    Caribbean gillnet.............            >991  None documented in
                                                     the most recent 5
                                                     years of data.
    DE River inshore gillnet......           (\3\)  None documented in
                                                     the most recent 5
                                                     years of data.
    Long Island Sound inshore                (\3\)  None documented in
     gillnet.                                        the most recent 5
                                                     years of data.
    RI, southern MA (to Monomoy              (\3\)  None documented in
     Island), and NY Bight                           the most recent 5
     (Raritan and Lower NY Bays)                     years of data.
     inshore gillnet.
    Southeast Atlantic inshore               (\3\)  Bottlenose dolphin,
     gillnet.                                        Northern SC
                                                     estuarine system.
TRAWL FISHERIES:
    Atlantic shellfish bottom                  >58  None documented.
     trawl.
    Gulf of Mexico butterfish                    2  Bottlenose dolphin,
     trawl.                                          Northern GMX
                                                     oceanic.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     continental shelf.
    Gulf of Mexico mixed species                20  None documented.
     trawl.
    GA cannonball jellyfish trawl.               1  Bottlenose dolphin,
                                                     SC/GA coastal.
MARINE AQUACULTURE FISHERIES:
    Finfish aquaculture...........              48  Harbor seal, WNA.
    Shellfish aquaculture.........           (\3\)  None documented.
PURSE SEINE FISHERIES:
    Gulf of Maine Atlantic herring              >7  Harbor seal, WNA.
     purse seine.                                   Gray seal, WNA.
    Gulf of Maine menhaden purse                >2  None documented.
     seine.
    FL West Coast sardine purse                 10  Bottlenose dolphin,
     seine.                                          Eastern GMX
                                                     coastal.
    U.S. Atlantic tuna purse seine               5  Long-finned pilot
     *.                                              whale, WNA.
                                                    Short-finned pilot
                                                     whale, WNA.
LONGLINE/HOOK-AND-LINE FISHERIES:
    Northeast/Mid-Atlantic bottom           >1,207  None documented.
     longline/hook-and-line.
    Gulf of Maine, U.S. Mid-                   428  Bottlenose dolphin,
     Atlantic tuna, shark                            WNA offshore.
     swordfish hook-and-line/                       Humpback whale, Gulf
     harpoon.                                        of Maine.
    Southeastern U.S. Atlantic,             >5,000  Bottlenose dolphin,
     Gulf of Mexico, and Caribbean                   GMX continental
     snapper-grouper and other                       shelf.
     reef fish bottom longline/
     hook-and-line.

[[Page 50609]]

 
    Southeastern U.S. Atlantic,               <125  Bottlenose dolphin,
     Gulf of Mexico shark bottom                     Eastern GMX
     longline/hook-and-line.                         coastal.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     continental shelf.
    Southeastern U.S. Atlantic,              1,446  None documented.
     Gulf of Mexico, and Caribbean
     pelagic hook-and-line/harpoon.
U.S. Atlantic, Gulf of Mexico                (\3\)  None documented.
 trotline.
TRAP/POT FISHERIES:
    Caribbean mixed species trap/             >501  None documented.
     pot.
    Caribbean spiny lobster trap/             >197  None documented.
     pot.
    FL spiny lobster trap/pot.....           1,268  Bottlenose dolphin,
                                                     Biscayne Bay
                                                     estuarine
                                                     Bottlenose dolphin,
                                                     Central FL coastal.
                                                    Bottlenose dolphin,
                                                     Eastern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     FL Bay estuarine.
    Gulf of Mexico blue crab trap/           4,113  Bottlenose dolphin,
     pot.                                            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 species             (\3\)  None documented.
     trap/pot.
Southeastern U.S. Atlantic, Gulf                10  None documented.
 of Mexico golden crab trap/pot.
U.S. Mid-Atlantic eel trap/pot....           (\3\)  None documented.
STOP SEINE/WEIR/POUND NET/FLOATING
 TRAP FISHERIES:
    Gulf of Maine herring and                   >1  Harbor porpoise, GME/
     Atlantic mackerel stop seine/                   BF.
     weir.                                          Harbor seal, WNA
                                                    Minke whale,
                                                     Canadian east
                                                     coast.
                                                    Atlantic white-sided
                                                     dolphin, WNA.
    U.S. Mid-Atlantic crab stop              2,600  None documented.
     seine/weir.
    U.S. Mid-Atlantic mixed                  (\3\)  Bottlenose dolphin,
     species stop seine/weir/pound                   Northern NC
     net (except the NC roe mullet                   estuarine system.
     stop net).
RI floating trap..................               9  None documented.
DREDGE FISHERIES:
    Gulf of Maine sea urchin                 (\3\)  None documented.
     dredge.
    Gulf of Maine mussel dredge...           (\3\)  None documented.
    Gulf of Maine, U.S. Mid-                  >403  None documented.
     Atlantic sea scallop dredge.
    Mid-Atlantic blue crab dredge.           (\3\)  None documented.
Mid-Atlantic soft-shell clam                 (\3\)  None documented.
 dredge.
    Mid-Atlantic whelk dredge.....           (\3\)  None documented.
    U.S. Mid-Atlantic/Gulf of                7,000  None documented.
     Mexico oyster dredge.
    U.S. Mid-Atlantic offshore               (\3\)  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                (\3\)  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,               (\3\)  None documented.
     hand/mechanical collection.
    Gulf of Mexico, Southeast                (\3\)  None documented.
     Atlantic, Mid-Atlantic, and
     Caribbean cast net.
COMMERCIAL PASSENGER FISHING
 VESSEL (CHARTER BOAT) FISHERIES:
    Atlantic Ocean, Gulf of                  4,000  Bottlenose dolphin,
     Mexico, Caribbean commercial                    Biscayne Bay
     passenger fishing vessel.                       estuarine.
                                                    Bottlenose dolphin,
                                                     Central FL coastal.
                                                    Bottlenose dolphin,
                                                     Choctawhatchee Bay.
                                                    Bottlenose dolphin,
                                                     Eastern GMX
                                                     coastal.
                                                    Bottlenose dolphin,
                                                     FL Bay.
                                                    Bottlenose dolphin,
                                                     GMX bay, sound,
                                                     estuarine.
                                                    Bottlenose dolphin,
                                                     Indian River Lagoon
                                                     estuarine system.
                                                    Bottlenose dolphin,
                                                     Jacksonville
                                                     estuarine system.

[[Page 50610]]

 
                                    ..............  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; \3\ Unknown.


    Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
                                                        Marine mammal
                                       Number of       species and/or
        Fishery description         HSFCA  permits   stocks incidentally
                                                      killed or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
LONGLINE FISHERIES:
    Atlantic Highly Migratory                   83  Atlantic spotted
     Species*.                                       dolphin, WNA.
                                                    Bottlenose dolphin,
                                                     Northern GMX
                                                     oceanic.
                                                    Bottlenose dolphin,
                                                     WNA offshore.
                                                    Common dolphin, WNA.
                                                    Cuvier's beaked
                                                     whale, WNA.
                                                    False killer whale,
                                                     WNA.
                                                    Killer whale, GMX
                                                     oceanic.
                                    ..............  Kogia spp. whale
                                                     (Pygmy or dwarf
                                                     sperm whale), WNA.
                                                    Long-finned pilot
                                                     whale, WNA.
                                                    Mesoplodon beaked
                                                     whale, WNA.
                                                    Minke whale,
                                                     Canadian East
                                                     coast.
                                                    Pantropical spotted
                                                     dolphin, WNA.
                                                    Risso's dolphin,
                                                     GMX.
                                                    Risso's dolphin,
                                                     WNA.
                                                    Short-finned pilot
                                                     whale, WNA
    Western Pacific Pelagic (HI                128  Bottlenose dolphin,
     Deep-set component) * [caret].                  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
------------------------------------------------------------------------
DRIFT GILLNET FISHERIES:
    Atlantic Highly Migratory                    1  Undetermined.
     Species.
    Pacific Highly Migratory                     4  Long-beaked common
     Species * [caret].                              dolphin, CA.
                                                    Humpback whale, CA/
                                                     OR/WA.
                                                    Northern right-whale
                                                     dolphin, CA/OR/WA.
                                                    Pacific white-sided
                                                     dolphin, CA/OR/WA.
                                                    Risso's dolphin, CA/
                                                     OR/WA.
                                                    Short-beaked common
                                                     dolphin, CA/OR/WA.
TRAWL FISHERIES:
Atlantic Highly Migratory Species                1  Undetermined.
 **.
    CCAMLR........................               0  Antarctic fur seal.
    Western Pacific Pelagic.......               0  Undetermined.
PURSE SEINE FISHERIES:
    South Pacific Tuna Fisheries..              38  Undetermined.
    Western Pacific Pelagic.......               3  Undetermined.
LONGLINE FISHERIES:
    CCAMLR........................               0  None documented.
    South Pacific Albacore Troll..              13  Undetermined.
    South Pacific Tuna Fisheries                 8  Undetermined.
     **.

[[Page 50611]]

 
    Western Pacific Pelagic (HI                 18  Blainville's beaked
     Shallow-set component) *                        whale, HI.
     [caret].                                       Bottlenose dolphin,
                                                     HI Pelagic.
                                                    False killer whale,
                                                     HI Pelagic.
                                                    Humpback whale,
                                                     Central North
                                                     Pacific.
                                                    Kogia spp. 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                    2  Undetermined.
     Species.
    Pacific Highly Migratory                    41  Undetermined.
     Species.
    South Pacific Albacore Troll..               8  Undetermined.
    Western Pacific Pelagic.......               3  Undetermined.
TROLL FISHERIES:
    Atlantic Highly Migratory                    2  Undetermined.
     Species.
    South Pacific Albacore Troll..              35  Undetermined.
    South Pacific Tuna Fisheries                 3  Undetermined.
     **.
    Western Pacific Pelagic.......              19  Undetermined.
LINERS NEI FISHERIES:
    Pacific Highly Migratory                     1  Undetermined.
     Species **.
    South Pacific Albacore Troll..               1  Undetermined.
    Western Pacific Pelagic.......               1  Undetermined.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
LONGLINE FISHERIES:
    Northwest Atlantic Bottom                    1  None documented.
     Longline.
    Pacific Highly Migratory                   100  None documented in
     Species *.                                      the most recent 5
                                                     years of data.
PURSE SEINE FISHERIES:
    Pacific Highly Migratory                     8  None documented.
     Species * [caret].
TRAWL FISHERIES:
    Northwest Atlantic............               1  None documented.
TROLL FISHERIES:
    Pacific Highly Migratory                   253  None documented.
     Species *.
------------------------------------------------------------------------
List of Terms, Abbreviations, and Symbols Used in Table 3:
GMX--Gulf of Mexico; NEI--Not Elsewhere Identified; WNA--Western North
  Atlantic.
* Fishery is an extension/component of an existing fishery operating
  within U.S. waters listed in Table 1 or 2. The number of permits
  listed in Table 3 represents only the number of permits for the high
  seas component of the fishery.
** These gear types are not authorized under the Pacific HMS FMP (2004),
  the Atlantic HMS FMP (2006), or without a South Pacific Tuna Treaty
  license (in the case of the South Pacific Tuna fisheries). Because
  HSFCA permits are valid for five years, permits obtained in past years
  exist in the HSFCA permit database for gear types that are now
  unauthorized. Therefore, while HSFCA permits exist for these gear
  types, it does not represent effort. In order to land fish species,
  fishers must be using an authorized gear type. Once these permits for
  unauthorized gear types expire, the permit-holder will be required to
  obtain a permit for an authorized gear type.
[caret] The list of marine mammal species and/or stocks killed or
  injured in this fishery is identical to the list of marine mammal
  species and/or stocks killed or injured in U.S. waters component of
  the fishery, minus species and/or stocks that have geographic ranges
  exclusively in coastal waters, because the marine mammal species and/
  or stocks are also found on the high seas and the fishery remains the
  same on both sides of the EEZ boundary. Therefore, the high seas
  components of these fisheries pose the same risk to marine mammals as
  the components of these fisheries operating in U.S. waters.


      Table 4--Fisheries Affected by Take Reduction Teams and Plans
------------------------------------------------------------------------
          Take reduction plans                  Affected fisheries
------------------------------------------------------------------------
Atlantic Large Whale Take Reduction      Category I
 Plan (ALWTRP)--50 CFR 229.32.           Mid-Atlantic gillnet.
                                         Northeast/Mid-Atlantic American
                                          lobster 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.[caret]
Bottlenose Dolphin Take Reduction Plan   Category I
 (BDTRP)--50 CFR 229.35.                 Mid-Atlantic gillnet.

[[Page 50612]]

 
                                         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.[caret]
                                         Southeastern, U.S. Atlantic,
                                          Gulf of Mexico stone crab trap/
                                          pot.[caret]
                                         VA pound net.
False Killer Whale Take Reduction Plan   Category I
 (FKWTRP)--50 CFR 229.37.                HI deep-set longline.
                                         Category II
                                         HI shallow-set longline.
Harbor Porpoise Take Reduction Plan      Category I
 (HPTRP)--50 CFR 229.33 (New England)    Mid-Atlantic gillnet.
 and 229.34 (Mid-Atlantic).              Northeast sink gillnet.
Pelagic Longline Take Reduction Plan     Category I
 (PLTRP)--50 CFR 229.36.                 Atlantic Ocean, Caribbean, Gulf
                                          of Mexico large pelagics
                                          longline.
Pacific Offshore Cetacean Take           Category I
 Reduction Plan (POCTRP)--50 CFR 229.31. CA thresher shark/swordfish
                                          drift gillnet (>=14 in mesh).
Atlantic Trawl Gear Take Reduction Team  Category II
 (ATGTRT).                               Mid-Atlantic bottom trawl.
                                         Mid-Atlantic mid-water trawl
                                          (including pair trawl).
                                         Northeast bottom trawl.
                                         Northeast mid-water trawl
                                          (including pair trawl).
------------------------------------------------------------------------
* Only applicable to the portion of the fishery operating in U.S.
  waters; [caret] Only applicable to the portion of the fishery
  operating in the Atlantic Ocean.

Classification

    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this rule would not have a significant 
economic impact on a substantial number of small entities. On June 20, 
2013, the Small Business Administration (SBA) issued a final rule 
revising the small business size standards for several industries 
effective July 22, 2013 (78 FR 37398). The rule increased the size 
standard for Finfish Fishing from $4.0 to $19.0 million, Shellfish 
Fishing from $4.0 to $5.0 million, and Other Marine Fishing from $4.0 
to $7.0 million. NMFS has reviewed the analyses prepared for this 
action in light of the new size standards. Under the former, lower size 
standards, all entities subject to this action were considered small 
entities, thus they all would continue to be considered small under the 
new standards. The factual basis leading to the certification is set 
forth below.
    Under existing regulations, all individuals participating in 
Category I or II fisheries must register under the MMPA and obtain an 
Authorization Certificate. The Authorization Certificate authorizes the 
taking of non-endangered and non-threatened marine mammals incidental 
to commercial fishing operations. Additionally, individuals may be 
subject to a TRP and requested to carry an observer. NMFS has estimated 
that up to approximately 58,500 fishing vessels, most with annual 
revenues below the SBA's small entity thresholds, may operate in 
Category I or II fisheries. As fishing vessels operating in Category I 
or II fisheries, they are required to register with NMFS. No fishing 
vessels are new to a Category I or II fishery as a result of this 
proposed rule. The MMPA registration process is integrated with 
existing state and Federal licensing, permitting, and registration 
programs. Therefore, individuals who have a state or Federal fishing 
permit or landing license, or who are authorized through another 
related state or Federal fishery registration program, are currently 
not required to register separately under the MMPA or pay the $25 
registration fee. Therefore, this proposed rule would not impose any 
direct costs on small entities.
    If a vessel is requested to carry an observer, vessels will not 
incur any direct economic costs associated with carrying that observer. 
Potential indirect costs to vessels required to take observers may 
include: lost space on deck for catch, lost bunk space, and lost 
fishing time due to time needed by the observer to process bycatch 
data. For effective monitoring, however, observers will rotate among a 
limited number of vessels in a fishery at any given time and each 
vessel within an observed fishery has an equal probability of being 
requested to accommodate an observer. Therefore, the potential indirect 
costs to vessels are expected to be minimal, because observer coverage 
would only be required for a small percentage of a vessels' total 
annual fishing time. In addition, section 118 of the MMPA states that 
an observer is not required to be placed on a vessel if the facilities 
for quartering an observer or performing observer functions are 
inadequate or unsafe, thereby exempting vessels too small to 
accommodate an observer from this requirement. As a result of this 
certification, an initial regulatory flexibility analysis is not 
required and was not prepared. In the event that reclassification of a 
fishery to Category I or II results in a TRP, economic analyses of the 
effects of that TRP would be summarized in subsequent rulemaking 
actions.
    This proposed rule contains collection-of-information requirements 
subject to the Paperwork Reduction Act. The collection of information 
for the registration of individuals under the

[[Page 50613]]

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 proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    An environmental assessment (EA) was prepared under the National 
Environmental Policy Act (NEPA) in 1995 and 2005. The 1995 EA examined 
the effects of regulations implementing section 118 of the 1994 
Amendments of the MMPA on the affected environment. The 2005 EA 
analyzed the environmental impacts of continuing the existing scheme 
(as described in the 1995 EA) for classifying fisheries on the LOF. The 
1995 EA and the 2005 EA concluded that implementation of MMPA section 
118 regulations would not have a significant impact on the human 
environment. NMFS reviewed the 2005 EA in 2009. NMFS concluded that 
because there were no changes to the process used to develop the LOF 
and implement section 118 of the MMPA, there was no need to update the 
2005 EA. NMFS initiated an EA for the LOF in 2013, but the assessment 
was never finalized because the no action alternative described in the 
2005 EA is still the preferred alternative. This rule would not change 
NMFS' current process for classifying fisheries on the LOF; therefore, 
this rule is not expected to change the analysis or conclusion of the 
2005 EA, and no update is needed. If NMFS takes a management action, 
for example, through the development of a TRP, NMFS would first prepare 
an environmental document, as required under NEPA, specific to that 
action.
    This proposed rule would not affect species listed as threatened or 
endangered under the Endangered Species Act (ESA) or their associated 
critical habitat. The impacts of numerous fisheries have been analyzed 
in various biological opinions, and this rule will not affect the 
conclusions of those opinions. The classification of fisheries on the 
LOF is not considered to be a management action that would adversely 
affect threatened or endangered species. If NMFS takes a management 
action, for example, through the development of a TRP, NMFS would 
consult under ESA section 7 on that action.
    This proposed rule would have no adverse impacts on marine mammals 
and may have a positive impact on marine mammals by improving knowledge 
of marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This proposed rule would not affect the land or water uses or 
natural resources of the coastal zone, as specified under section 307 
of the Coastal Zone Management Act.

References

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.
Bradford, A.L. and E. Lyman. 2013. Injury determinations for 
humpback whales and other cetaceans reported to the Pacific Islands 
Region Marine Mammal Response Network during 2007-2011. PIFSC 
Working Paper WP-13-005. 15 p.
Bruce, D.G. 2006. The whelk dredge fishery of Delaware. Journal of 
Shellfish Research. 25(1). 1-13.
Burdett, L.G. and W.E. McFee. 2004. Bycatch of bottlenose dolphins 
in South Carolina, USA, and an evaluation of the Atlantic blue crab 
fishery categorization. J. Cetacean Res. Manage. 6(3): 231-240.
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.
Lyman, E. 2013. 2012-2013 Hawaii Large Whale Entanglements and 
Response Efforts around the Main Hawaiian Islands--Season-end 
Report. Hawaiian Islands Humpback Whale National Marine Sanctuary. 
May 22, 2013. 15 p. Available at: https://hawaiihumpbackwhale.noaa.gov/res/pdfs/ss2013disentangle.pdf.
Saez, L., D. Lawson, M. DeAngelis, E. Petras, S. Wilkin, and C. 
Fahy. 2013. Understanding the co-occurrence of large whales and 
commercial fixed gear fisheries off the west coast of the United 
States. NOAA Technical Memorandum NMFS-SWR-044.
Stevenson, D., L. Chiarella, D. Stephan, R. Reid, K. Wilhelm, J. 
McCarthy, and M. Pentony. 2004. Characterization of the Fishing 
Practices and Marine Benthic Ecosystems of the Northeast U.S. Shelf, 
and an Evaluation of the Potential Effects of Fishing on Essential 
Fish Habitat. NOAA Technical Memorandum NMFS-NE-181.
USFWS. 2014. West Indian Manatee Stock Assessment Report. 
Jacksonville, FL, USA. Accessed July 23, 2014. Available at: https://www.fws.gov/northflorida/manatee/SARS/FR00001606_Final_SAR_WIM_FL_Stock.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.

    Dated: August 19, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-20159 Filed 8-22-14; 8:45 am]
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