List of Fisheries for 2016, 20550-20574 [2016-08114]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with RULES 20550 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations VI. Statutory and Executive Order Reviews This action establishes tolerances under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerances in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). VII. Congressional Review Act Parts per million Commodity * * * * Vegetable, Brassica leafy, group 5, except cabbage .... Vegetable, cucurbit, group 9 .. * * * * Vegetable, tuberous and corm, subgroup 1C ............. * * * * * 0.01 0.07 * 0.02 * Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). [FR Doc. 2016–08138 Filed 4–7–16; 8:45 am] List of Subjects in 40 CFR Part 180 [Docket No. 150306230–6303–02] Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. RIN 0648–BE88 Dated: March 31, 2016. G. Jeffrey Herndon, Acting Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.574, amend the table in paragraph (a)(1) as follows: ■ a. Alphabetically add the entries ‘‘Cabbage’’ and ‘‘Mayhaw’’. ■ b. Remove the entries ‘‘Melon subgroup 9A’’ and ‘‘Potato’’. ■ c. Remove the entry for ‘‘Vegetable, Brassica leafy, group 5’’ and alphabetically add entries for ‘‘Vegetable, Brassica leafy, group 5, except cabbage’’ and ‘‘Vegetable, tuberous and corm, subgroup 1C‘‘. The additions read as follows: ■ § 180.574 Fluazinam; tolerances for residues. (a) * * * (1) * * * Parts per million * * * * Cabbage ................................. * 3.0 * * * * Mayhaw .................................. * 2.0 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 List of Fisheries for 2016 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 2016, as required by the Marine Mammal Protection Act (MMPA). The final LOF for 2016 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. In addition, NMFS begins publishing online fact sheets for Category III fisheries on a rolling basis. DATES: The effective date of this final rule is May 9, 2016. ADDRESSES: Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. SUMMARY: PART 180—[AMENDED] Commodity BILLING CODE 6560–50–P Lisa White, Office of Protected Resources, 301–427–8494; Allison Rosner, Greater Atlantic Region, 978–281–9328; Jessica Powell, Southeast Region, 727–824– FOR FURTHER INFORMATION CONTACT: E:\FR\FM\08APR1.SGM 08APR1 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations 5312; Elizabeth Petras, West Coast Region, 206–526–6155; Bridget Mansfield, Alaska Region, 907–586– 7642; Dawn Golden, Pacific Islands Region, 808–725–5000. Individuals who use a telecommunications device for the hearing impaired may call the Federal Information Relay Service at 1–800– 877–8339 between 8 a.m. and 4 p.m. Eastern time, Monday through Friday, excluding Federal holidays. SUPPLEMENTARY INFORMATION: What is the list of fisheries? Section 118 of the MMPA requires NMFS to place all U.S. commercial fisheries into one of three categories based on the level of incidental mortality and serious injury of marine mammals occurring in each fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the LOF determines whether participants in that fishery may be required to comply with certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements. NMFS must reexamine the LOF annually, considering new information in the Marine Mammal Stock Assessment Reports (SARs) and other relevant sources, and publish in the Federal Register any necessary changes to the LOF after notice and opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)). How does NMFS determine in which category a fishery is placed? The definitions for the fishery classification criteria can be found in the implementing regulations for section 118 of the MMPA (50 CFR 229.2). The criteria are also summarized here. asabaliauskas on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 implementing regulations for section 118 of the MMPA (50 CFR 229.2). Tier 1: Tier 1 considers the cumulative fishery mortality and serious injury for a particular stock. If the total annual mortality and serious injury of a marine mammal stock, across all fisheries, is less than or equal to 10 percent of the PBR level of the stock, all fisheries interacting with the stock will be placed in Category III (unless those fisheries interact with other stock(s) 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: Tier 2 considers fisheryspecific mortality and serious injury for a particular stock. Category I: Annual mortality and serious injury of a stock in a given fishery is greater than or equal to 50 percent of the PBR level (i.e., frequent incidental mortality and serious injury of marine mammals). Category II: Annual mortality and serious injury of a stock in a given fishery is greater than 1 percent and less than 50 percent of the PBR level (i.e., occasional incidental mortality and serious injury of marine mammals). Category III: Annual mortality and serious injury of a stock in a given fishery is less than or equal to 1 percent of the PBR level (i.e., a remote likelihood of or no known incidental mortality and serious injury of marine mammals). Additional details regarding how the categories were determined are provided in the preamble to the final rule implementing section 118 of the MMPA (60 FR 45086, August 30, 1995). Because fisheries are classified on a per-stock basis, a fishery may qualify as one Category for one marine mammal stock and another Category for a different marine mammal stock. A fishery is typically classified on the LOF at its highest level of classification (e.g., a fishery qualifying for Category III for one marine mammal stock and for Category II for another marine mammal stock will be listed under Category II). Stocks driving a fishery’s classification are denoted with a superscript ‘‘1’’ in Tables 1 and 2. Other Criteria That May Be Considered The tier analysis requires a minimum amount of data, and NMFS does not have sufficient data to perform a tier analysis on certain fisheries. Therefore, NMFS has classified certain fisheries by analogy to other Category I or II fisheries that use similar fishing techniques or gear that are known to cause mortality PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 20551 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 ‘‘nonserious’’ 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 or stocks are included as incidentally killed or injured in a fishery, NMFS annually reviews the information presented in the current SARs and injury determination reports. 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 2016 LOF generally summarizes data from 2008– 2012. 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. In some cases, more recent information may be available and used in the LOF, but in an effort to be consistent with the E:\FR\FM\08APR1.SGM 08APR1 20552 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations asabaliauskas on DSK3SPTVN1PROD with RULES most recent SARs and across the LOF, NMFS typically restricts the analysis to data within the five-year time period summarized in the current SAR. For fisheries with observer coverage, species or stocks are generally removed from the list of marine mammal species and/or stocks incidentally killed or injured if no interactions are documented in the five-year timeframe summarized in that year’s LOF. For fisheries with no observer coverage and for observed fisheries with evidence indicating that undocumented interactions may be occurring (e.g., fishery has low observer coverage and stranding network data include evidence of fisheries interaction that cannot be attributed to a specific fishery) species and stocks may be retained for longer than five years. For these fisheries, NMFS will review the other sources of information listed above and use its discretion to decide when it is appropriate to remove a species or stock. Where does NMFS obtain information on the level of observer coverage in a fishery on the LOF? The best available information on the level of observer coverage and the spatial and temporal distribution of observed marine mammal interactions is presented in the SARs. Data obtained from the observer program and observer coverage levels are important tools in estimating the level of marine mammal mortality and serious injury in commercial fishing operations. Starting with the 2005 SARs, each 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, target species, levels of fishing effort, spatial and temporal distribution of fishing effort, characteristics of fishing gear and operations, management and regulations, and interactions with marine mammals. Copies of the SARs are available on the NMFS Office of Protected Resources Web site at: http:// www.nmfs.noaa.gov/pr/sars/. Information on observer coverage levels in Category I, II, and III fisheries can be found in the fishery fact sheets on the VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 NMFS Office of Protected Resources’ Web site: http://www.nmfs.noaa.gov/pr/ interactions/fisheries/lof.html. Additional information on observer programs in commercial fisheries can be found on the NMFS National Observer Program’s Web site: http:// www.st.nmfs.gov/observer-home/. 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 take reduction plans (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 these 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 listed in Tables 1 and 2. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 HSFCA permits are valid for five years, during which time Fishery Management Plans (FMPs) can change. Therefore, some vessels/participants may possess valid HSFCA permits without the ability to fish under the permit because it was issued for a gear type that is no longer authorized under the most current FMP. For this reason, the number of HSFCA permits displayed in Table 3 is likely higher than the actual U.S. fishing effort on the high seas. For more information on how NMFS classifies high seas fisheries on the LOF, see the preamble text in the final 2009 LOF (73 FR 73032; December 1, 2008). Additional information about HSFCA permits can be found at: http://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://www.nmfs.noaa.gov/pr/ interactions/fisheries/lof.html, 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. As it completes work on each one, NMFS began posting Category III fishery fact sheets online on a rolling basis with the 2016 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 E:\FR\FM\08APR1.SGM 08APR1 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations 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. asabaliauskas on DSK3SPTVN1PROD with RULES How do I register and receive my MMAP authorization certificate? NMFS has integrated the MMPA registration process, implemented through the Marine Mammal Authorization Program (MMAP), with existing state and Federal fishery license, registration, or permit systems for Category I and II fisheries on the LOF. Participants in these fisheries are automatically registered under the MMAP and are not required to submit registration or renewal materials. In the Pacific Islands, West Coast, and Alaska regions, NMFS will issue vessel or gear owners an authorization certificate via U.S. mail or with their state or Federal license or permit at the time of issuance or renewal. In the 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. Certificates may also be obtained by visiting the Greater Atlantic Regional Office Web site (http://www.greateratlantic. fisheries.noaa.gov/Protected/mmp/ 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 by contacting the Southeast Regional Office at 727–209–5952 or by visiting the Southeast Regional Office Web site (http://sero.nmfs.noaa.gov/ protected_resources/marine_mammal_ authorization_program/) and following the instructions for printing the certificate. The authorization certificate, or a copy, must be on board the vessel while it is operating in a Category I or II fishery, or for non-vessel fisheries, in the possession of the person in charge of the fishing operation (50 CFR 229.4(e)). Although efforts are made to limit the issuance of authorization certificates to only those vessel or gear owners that participate in Category I or II fisheries, not all state and Federal license or permit systems distinguish between fisheries as classified by the LOF. Therefore, some vessel or gear owners in Category III fisheries may receive authorization certificates even though they are not required for Category III fisheries. Individuals fishing in Category I and II fisheries for which no state or Federal license or permit is required must register with NMFS by contacting their appropriate Regional Office (see ADDRESSES). VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 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 FOR FURTHER INFORMATION CONTACT). In Southeast regional fisheries, vessel or gear owners’ registrations are automatically renewed and participants will receive a letter in the mail by January 1 instructing them to contact the Southeast Regional Office to have an authorization certificate mailed to them or to visit the Southeast Regional Office Web site (http://sero.nmfs.noaa.gov/ 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 or, in the case of non-vessel fisheries, fishing activity. ‘‘Injury’’ is defined in 50 CFR 229.2 as a wound or other physical harm. In addition, any animal that ingests fishing gear or any animal that is released with fishing gear entangling, trailing, or perforating any part of the body is considered injured, regardless of the presence of any wound or other evidence of injury, and must be reported. Mortality/injury reporting forms and instructions for submitting forms to NMFS can be found at: http:// www.nmfs.noaa.gov/pr/interactions/ PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 20553 mmap/#form or by contacting the appropriate Regional office (see FOR FURTHER INFORMATION CONTACT). Forms may be submitted via any of the following means: (1) Online using the electronic form, (2) emailed as an attachment to nmfs.mireport@noaa.gov, (3) faxed to the NMFS Office of Protected Resources at 301–713–0376, or (4) mailed to the NMFS Office of Protected Resources (mailing address is provided on the postage-paid form that can be printed from the web address listed above). Reporting requirements and procedures 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 the Secretary is not required to place an observer on a vessel if the facilities for quartering an observer or performing observer functions are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized; thereby authorizing the exemption of vessels too small to accommodate an observer from this requirement. However, 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)) will not be exempted from observer requirements, regardless of their size. 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: http://www.nmfs.noaa.gov/ pr/interactions/trt/teams.html. 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; descriptions of each Category I and II fishery, and some Category III fisheries; observer requirements; and marine mammal mortality/injury reporting forms and submittal E:\FR\FM\08APR1.SGM 08APR1 20554 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations procedures, may be obtained at: http:// www.nmfs.noaa.gov/pr/interactions/ fisheries/lof.html, 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, Seattle Office, 7600 Sand Point Way NE., Seattle, WA 98115, Attn: Elizabeth Petras, Protected Resources Division; NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 9th Street, Juneau, AK 99802, Attn: Bridget Mansfield; or NMFS, Pacific Islands Regional Office, Protected Resources Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: Dawn Golden. asabaliauskas on DSK3SPTVN1PROD with RULES Sources of Information Reviewed for the 2016 LOF NMFS reviewed the marine mammal incidental mortality and serious injury information presented in the SARs for all fisheries to determine whether changes in fishery classification are warranted. The SARs are based on the best scientific information available at the time of preparation, including the level of mortality and serious injury of marine mammals that occurs incidental to commercial fishery operations and the PBR levels of marine mammal stocks. The information contained in the SARs is reviewed by regional Scientific Review Groups (SRGs) representing Alaska, the Pacific (including Hawaii), and the U.S. Atlantic, Gulf of Mexico, and Caribbean. The SRGs were created by the MMPA to review the science that informs the SARs, and to advise NMFS on marine mammal population status, trends, and stock structure, uncertainties in the science, research needs, and other issues. NMFS also reviewed other sources of new information, including marine mammal stranding data, observer program data, fisher self-reports through the Marine Mammal Authorization Program, reports to the SRGs, conference papers, FMPs, and ESA documents. The LOF for 2016 was based on, among other things, stranding data; fisher self-reports; and SARs, primarily the 2014 SARs, which are generally based on data from 2008–2012. The final SARs referenced in this LOF include: 2013 (79 FR 49053, August 19, 2014) and 2014 (80 FR 50599, August VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 20, 2015). The SARs are available at: http://www.nmfs.noaa.gov/pr/sars/. Comments and Responses NMFS received four comment letters on the proposed LOF for 2016 (80 FR 58427, September 29, 2015). Comments were received from the Marine Mammal Commission (Commission), Hawaii Longline Association (HLA), West Coast Seafood Processors Association (WCSPA), and a joint letter from Center for Biological Diversity (CBD) and Humane Society of the United States (HSUS). General Comments Comment 1: The Commission recommends that NMFS consider alternative methods for the classification of fisheries that rarely interact with marine mammals that would average data over longer periods. Response: NMFS is currently evaluating the potential for analyzing data over longer periods for rare events and its application to the SARs through the GAMMS process. The method will be considered for its application to the LOF in the future once more discussion has taken place regarding the expanded use of such methods in the SARs. Comment 2: The Commission urges NMFS to complete the development of the fact sheets for all Category III fisheries. Response: NMFS acknowledges the importance of having these fact sheets completed and will continue working on completing the remaining Category III fact sheets. Given the limited information for many Category III fisheries, fact sheets are being developed as new information becomes available. Comment 3: The Commission recommends that NMFS consistently summarize information across regions, as necessary, to evaluate proposed changes to the LOF in 2016 and subsequent LOF reports. Response: NMFS agrees and will continue to provide a consistent level of detail across regions, where available. Some flexibility will be maintained for cases unique to a region’s geography, ecology, management structure, or culture. Comments on Commercial Fisheries in the Pacific Ocean Comment 4: The Commission recommends that NMFS assess the potential for interactions between main Hawaiian Islands (MHI) insular false killer whales and hook-and-line fisheries that overlap with the range and habitats used by this stock and reclassify by analogy those fisheries PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 with which MHI insular false killer whales are likely to interact. At a minimum, the Commission recommends that NMFS reclassify the Hawaii troll fishery from Category III to Category II based on analogy to longline fisheries. Response: NMFS acknowledges the potential for interactions between MHI insular false killer whales and hookand-line fisheries other than longline. There are a variety of commercial, recreational, and subsistence hook-andline fisheries in Hawaii that use a mix of gear types and methods. These fisheries are not currently observed, and NMFS has not received any fisher’s selfreports of marine mammal hookings or entanglements. Currently available information on MHI insular false killer whale injuries, such as dorsal fin scarring and various hooks within a stranded animal’s stomach, indicate interactions are occurring, but they have not been linked to mortalities or serious injuries, nor to any specific commercial fishery. We do not consider the various Hawaii commercial hook-and-line fisheries on the LOF to be analogous to the Category I or II Hawaii longline fisheries, given, for example, dissimilarities in fishing gear, technique, the number of hooks deployed, and areas fished. Additionally, there are no other hookand-line fisheries listed as Category I or II on the LOF. At this time, the available information does not support reclassification by analogy of Hawaii hook-and-line fisheries, including the Hawaii troll fishery. However, given the potential for MHI insular false killer whales to interact with hook-and-line fisheries, we are committed to working with the State of Hawaii and others to assess the frequency and severity of marine mammal interactions in state-managed fisheries and reduce impacts as appropriate. For example, NMFS researchers worked with the Hawaii Department of Land and Natural Resources (DLNR) to analyze marine mammal depredation data on State of Hawaii commercial catch reports (Boggs et al., 2015), which may assist in accurately identifying fisheries that are more likely to have false killer whale interactions. NMFS also recently awarded a 2015 Endangered Species Act Section 6 Grant to the Hawaii DLNR for nearly $1.2 million over three years to strengthen efforts to minimize and mitigate incidental take of MHI insular false killer whales, including spatial and temporal analysis of the overlap between fisheries and false killer whale habitat. We will continue to work with E:\FR\FM\08APR1.SGM 08APR1 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations our partners to evaluate the risk the various hook-and-line fisheries may pose to MHI insular false killer whales and whether these fisheries are appropriately classified on the annual LOF. Comment 5: The Hawaii Longline Association (HLA) contends the Hawaiibased deep-set longline fishery does not interact with the MHI insular or Northwestern Hawaiian Islands (NWHI) stocks of false killer whales. HLA states that (a) there has never been a documented interaction between the fishery and an animal from either stock, (b) the False Killer Whale Take Reduction Plan essentially eliminates any overlap between the longline fisheries and the assumed ranges of the MHI insular and NWHI stocks, and (c) the revised stock boundaries presented in the draft 2015 SAR indicate that there is only a very small area in which longline fishing may overlap with either stock, and no false killer whale interaction has ever occurred in these areas. HLA opposes including the stocks on the list of marine mammals injured or killed in the deep-set fishery. If NMFS retains these species on the list (which HLA opposes), HLA requests that NMFS state in the LOF that there are no confirmed interactions with either stock and no interactions with either stock have ever occurred in the very limited area where longline effort might overlap with either stock’s assumed range. Response: NMFS determines which species or stocks are included as incidentally killed or injured in a fishery by annually reviewing the information presented in the current SARs, among other relevant sources. The SARs are based on the best available scientific information and provide the most current and inclusive information on each stock, including range, abundance, PBR, and level of interaction with commercial fishing operations. Determinations in the LOF are based on the data and calculations contained within the SARs. The 2016 LOF is based on the 2014 SARs, which report fishery interactions from 2008–2012. NMFS deems this to be the best scientific and commercial information available for the time period examined. During that time period, NMFS estimates a five-year average mortality and serious injury level of 0.9 MHI insular and 0.4 NWHI false killer whales per year incidental to the Hawaii-based deep-set longline fishery from 2008–2012 (Carretta et al., 2015). NMFS is retaining the stocks on the list of marine mammal stocks incidentally killed or injured in the VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 Hawaii deep-set longline fishery. We disagree with HLA’s recommended text and are not including it because false killer whale interactions have been observed in the deep-set longline fishery within the area of overlap between the pelagic, MHI insular, and NWHI stocks of false killer whales as defined in the 2014 SAR. While no genetic samples are available to establish stock identity for these takes, all stocks are considered at risk of interacting with longline gear. For a more complete analysis of the methodology for determining mortality and serious injury of MHI insular false killer whales, NMFS refers the commenter to the 2014 SAR. Comment 6: HLA restates its comment from the proposed 2015 LOF regarding its opposition to including short-finned pilot whales on the list of species injured or killed in the Hawaii-based shallow-set longline fishery (see Comment 3 in the 2015 LOF final rule, 79 FR 77919, December 29, 2014). HLA commented that NMFS included the species because of a single interaction on the high seas involving an unidentified cetacean that ‘‘may have’’ been a short-finned pilot whale. HLA states that there have been no confirmed short-finned pilot whale interactions in the shallow-set fishery. In the absence of data confirming that the fishery is interacting with short-finned pilot whales, HLA contends NMFS may not add the species to the list of species and/or stocks that are incidentally killed or injured by the fishery. Response: The estimated average annual mortality and serious injury of short-finned pilot whales in the fishery on the high seas from 2008–2012 is 0.1 (McCracken, 2014). NMFS is retaining short-finned pilot whales on the list of species or stocks that are incidentally killed or injured by the fishery based on the mortality and serious injury estimate presented in McCracken, 2014. Comment 7: HLA restates its comment from the proposed 2015 LOF regarding its opposition to including pygmy or dwarf sperm whales on the list of species injured or killed in the Hawaiibased shallow-set longline fishery (see Comment 4 in the 2015 LOF final rule, 79 FR 77919, December 29, 2014). HLA maintains that the MMPA requires NMFS to list the species in the LOF that are seriously injured or killed by a fishery. HLA cites the 2013 SAR, which reports a single interaction with a pygmy or dwarf sperm whale in 2008 that was classified as a non-serious injury. Response: As described in the preamble to this final rule and in the MMPA implementing regulations (50 CFR 229.8(b)(2)), the LOF lists the PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 20555 marine mammals that have been incidentally injured or killed in each commercial fishery. Separately, MMPA implementing regulations at 50 CFR 229.2 specify a tier analysis process for classifying fisheries on the LOF based on their levels of incidental serious injury and mortality of marine mammals. Therefore, while only mortalities and serious injuries are considered in the tier analysis, all species that are injured (seriously or non-seriously) or killed in the fishery are included in the list. Finally, the Kogia species whale (pygmy or dwarf sperm whale) was included in the list for the Hawaii shallow-set longline fishery because a Kogia species whale was non-seriously injured in the fishery in 2008 (McCracken, 2014; Carretta et al., 2015). Comment 8: HLA restates its comment from the proposed 2015 LOF regarding how marine mammal takes should be listed in transboundary fisheries (see Comment 5 in the 2015 LOF final rule, 79 FR 77919, December 29, 2014). HLA is concerned that fisheries operating in the U.S. EEZ and on the high seas have marine mammals, for which an interaction has occurred in either the EEZ or the high seas, included on the lists of species killed or injured in both the EEZ and the high seas (i.e., on both Tables 1 or 2 and Table 3). HLA is concerned this redundant listing results in a mistaken implication that a given fishery may interact with a certain species in one geographic area (e.g., within the EEZ) when that fishery has only been observed to interact with the species in another geographic area (e.g., on the high seas). HLA requests that NMFS revise the LOF to attribute species interactions in transboundary fisheries to only those geographic regions where interactions are actually observed. HLA contends this change would adequately report species injured or killed, but would avoid the arbitrary result of takes being attributed to fisheries in areas in which no take has ever been observed. HLA requests that if NMFS does not attribute interactions for transboundary fisheries to the geographic regions in which they occurred, then NMFS should include a footnote in the LOF to clarify, for certain stocks and fisheries, that interactions have only been observed on the high seas or in the U.S. EEZ, as appropriate, to more accurately convey the best available information to the public. Response: As described in the preamble, NMFS has included high seas fisheries in Table 3 of the LOF since 2009. Several fisheries operate in both U.S. waters and on the high seas, creating some overlap between the E:\FR\FM\08APR1.SGM 08APR1 asabaliauskas on DSK3SPTVN1PROD with RULES 20556 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations fisheries listed in Tables 1 and 2 and those in Table 3. In these cases, the high seas component of the fishery is not considered a separate fishery but an extension of a fishery operating within U.S. waters. For these fisheries, the lists of species or stocks injured or killed in Table 3 are identical to their Table 1 or 2 counterparts, except for those species or stocks with distributions known to occur on only one side of the EEZ boundary. Because the fisheries and the marine mammal lists are the same, takes of these animals are not being attributed to one geographic area or the other, even when that information may be available. This parallel list structure is explained in the footnotes for each table. We are not including additional footnotes to individual stocks and fisheries to indicate whether interactions have only been observed on the high seas or in the U.S. EEZ, but that information may be available in previous LOF rules when species and stocks are added or deleted. Comment 9: The Commission concurs with NMFS that the Alaska Bering Sea/ Aleutian Islands Pacific cod longline fishery should be elevated to a Category II fishery. Response: NMFS acknowledges this comment and finalizes the reclassification of the Alaska Bering Sea/ Aleutian Islands Pacific Cod Longline Fishery from Category III to Category II. Comment 10: The Commission recommends NMFS retain the Alaska Kodiak salmon purse seine and Cook Inlet salmon purse seine fisheries as Category II fisheries because they are unobserved. Response: The Alaska Kodiak salmon purse seine and Cook Inlet salmon purse seine fisheries were added to the LOF as Category II in the 2007 LOF (72 FR 14466, March 28, 2007) based on one mortality of a humpback whale in each of those fisheries in 2005. Both mortalities occurred in an area of geographic overlap of the Central and Western North Pacific humpback whales stocks. The 2005 mortalities were reported to NMFS through the Stranding/Entanglement program, as the fisheries are not observed. Samples were not obtained from the takes for genetic analysis, resulting in uncertain stock identification for either mortality. The 2005 mortalities were each included in the standard five-year data sets (resulting in an average 0.4 mortalities/year) used in LOF Tier I and II analyses for the 2007–2011 LOFs. Because of the uncertainty regarding the whales’ stock identity, NMFS used the standard precautionary measure of using the lower PBR of the Western North Pacific stock in each year’s LOF analysis, which resulted in both VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 fisheries remaining in Category II for the 2007–2011 LOFs. Once they ‘‘aged’’ out of the standard five-year data set, those mortalities continued to be included in the LOF analyses four additional years (2012–2015) as a precautionary measure due to the rarity of documented humpback takes in purse seine fisheries (only two other humpback whale mortalities were previously documented in purse seine fisheries in Alaska in the mid-1990s, a mother and calf taken in one event) and because the fisheries were unobserved. Although the fiveyear data set used in the 2016 LOF is 2008–2012, no additional humpback whale mortalities were reported in Alaska Kodiak salmon purse seine and Cook Inlet salmon purse seine fisheries from 2013 through 2015. Further, the PBRs for each the Central and Western North Pacific humpback whale stocks have increased substantially since the initial 2005 mortalities. The PBR for the Central North Pacific humpback whales has increased from 12.9 in the 2006 SAR to 82.8 in the 2014 SAR used for the 2007 and 2016 LOFs, respectively. The PBR for the Western North Pacific humpback whales has likewise increased from 1.3 to 3.0 for those same years. Given the absence of other evidence to the contrary, ten years with no additional mortalities or serious injuries reported (since 2005 via the Stranding Network or fisherman selfreports) and a substantial increase in PBR for both North Pacific humpback whale stocks, NMFS is reclassifying the fisheries as Category III fisheries. NMFS will continue to review the most recent data and changes in these fisheries and will update the LOF, as appropriate. Comment 11: The Commission recommends NMFS assess the potential for all unobserved Category III AK purse seine fisheries to take humpback whales or similar species and, if appropriate, reclassify them by analogy as Category II fisheries. Response: NMFS believes that because takes are so rare and there are no Table 1 purse seine fisheries analogous to Alaska’s fisheries, the fisheries should remain in Category III. NMFS will continue to review stranding and entanglement data as alternative sources of data for these unobserved fisheries. Comment 12: The Commission recommends NMFS investigate the circumstances and details of the reported interactions with the five stocks of marine mammals proposed to be added to the list of stocks incidentally killed or injured in the Category III CA halibut bottom trawl fishery and consider elevating it to Category II, if warranted. NMFS does PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 not provide information on the sources of information upon which this proposal is based, nor does it provide any information about the number of interactions, their outcomes, or their magnitudes relative to PBR. In the absence of such information, it is difficult to assess the importance of five stocks being added in one year, although the Commission suggests that the number of stocks alone is sufficient to indicate the fishery may pose a greater threat to marine mammals, although of uncertain magnitude, than was previously understood. Response: NMFS compiled information on marine mammal, seabird, and sea turtle takes observed in the west coast groundfish fisheries for the 2011 report entitled ‘‘Estimated Bycatch of Marine Mammals, Seabirds, and Sea Turtles in the U.S. West Coast Commercial Groundfish Fishery, 2002– 2009’’ available at http:// www.nwfsc.noaa.gov/research/ divisions/fram/observation/data_ products/datareport/docs/mmsbt_ report02-09.pdf. The report provides observed numbers and estimates of marine mammals, in table 7, that were observed incidentally taken in the groundfish fisheries, including the CA halibut bottom trawl fishery, between 2002 and 2009. The marine mammals reported as killed or seriously injured are California sea lion, Steller sea lion, harbor seal, elephant seal, and harbor porpoise. We reviewed the annual fishery mortality and serious injury estimates and PBRs for each of the five species/stocks. The Tier 1 analysis indicated that mortality and serious injury did not exceed 10 percent of PBR when added to other fishery mortality and serious injury for these stocks, therefore, the fishery remains in Category III. Comment 13: CBD/HSUS recommend NMFS add bottlenose dolphin, CA/OR/ WA offshore stock, humpback whale, CA/OR/WA stock, and sea otter, CA stock, to the list of species and/or stocks incidentally killed or injured by the CA spiny lobster fishery. In addition, CBD/ HSUS recommend that NMFS list the CA spiny lobster fishery as Category II based on the interactions with bottlenose dolphin and humpback whale. The most current stock assessment report documents take of: Bottlenose dolphin (one serious injury in 2008) and humpback whale (one serious injury between 2007 and 2011). The list should include sea otters by analogy because the stock assessment report cited controlled experiments conducted by the U.S. Geological Survey and the Monterey Bay Aquarium that demonstrated that sea otters E:\FR\FM\08APR1.SGM 08APR1 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations exposed to lobster traps in a captive setting would succeed in entering them (Carretta et al., 2015 (citing Hatfield et al., 2011)). The mean annual take of offshore bottlenose dolphins in the spiny lobster fishery is 0.2, which is 3.6 percent of the PBR of 5.5. The mean annual take of humpback whales in the spiny lobster fishery is 0.2, which is 1.8 percent of the PBR of 11 that is allocated to U.S. waters. The fishery should be classified as Category II because the take of both stocks are between one and fifty percent of PBR. Response: NMFS notes this oversight and adds bottlenose dolphins and humpback whales to the list of species/ stocks incidentally killed or injured in the CA spiny lobster fishery. NMFS will address the classification of this fishery in the proposed 2017 LOF. See Response to Comment 14 regarding the request to add sea otters to the list of species/stocks killed or injured. Comment 14: CBD/HSUS recommend that NMFS list the CA/OR coonstripe shrimp pot, CA rock crab pot, and WA/ OR/CA hagfish pot fisheries as Category II by analogy to other pot fisheries because of the number of entanglements due to unknown fishery interactions and the evidence that pots can attract sea otters (Carretta et al., 2015 (citing Hatfield et al., 2011)). CBD/HSUS noted that from 2000–2015, NMFS received 231 reports of entanglements, 156 of which were confirmed, 114 of which were assigned to a reported fishery and 69 of which were confirmed to a fishery. Response: NMFS has received similar comments regarding pot/trap fishery classifications in the past. NMFS relies upon the most recently available complete information to evaluate categorizations of fisheries on the List of Fisheries. For the proposed 2016 LOF, the most recent available information is through 2012. NMFS will address reports of entanglements and strandings during 2014 as part of the development of the proposed 2017 LOF. NMFS received a similar comment regarding sea otters for the proposed 2012 LOF (76 FR 73912, November 29, 2011, comment/response 9) as well as 2011 LOF (75 FR 68475, November 8, 2010, comment/response 13) and 2010 LOF (74 FR 58859, November 16, 2009, comment/response 3). As described in the response to comments in the final 2012 LOF and described in detail in the proposed 2009 LOF (73 FR 33760, June 13, 2008), NMFS conducted an extensive review of all available information on marine mammal interactions with pot/trap gear in 2008 and found no evidence of sea otter bycatch at that time or since. The USFWS completed a stock assessment VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 for southern sea otters in 2008, which has not been updated. The USFWS, as part of public comments for the 2012 LOF, submitted a paper by Hatfield et al., (2011), detailing experiments that indicate that sea otters can enter and become entrapped in pots or traps with openings of certain sizes. However, the paper presented no evidence of this occurring during commercial fishing activities off California. The possibility of an interaction is insufficient justification to include southern sea otters on the list of species incidentally killed or injured in particular fisheries. Instead, NMFS needs some indication that mortalities/injuries are occurring or have occurred in these fisheries in recent years (e.g., fisher’s self-reports, observer data, stranding data). If additional information becomes available indicating that southern sea otters have been killed or injured in CA trap/pot fisheries in recent years, NMFS will consider including this species on the LOF at that time. Comment 15: CBD/HSUS recommend that NMFS clarify the discrepancy between the number of vessels participating in the Table 3 ‘‘Pacific highly migratory species longline’’ fishery (estimated 126 vessels/persons) and the Table 1 ‘‘California pelagic longline’’ fishery (estimated one vessel/ person) because the definition of the fishery and identification of vessels participating in the fishery drastically affects how to quantify marine mammal interactions and both fisheries operate only on the high seas. Response: The commenter is correct that the use of longline gear to target HMS within the EEZ is prohibited under the West Coast HMS FMP and that the CA pelagic longline fishery (on Table 1) does occur exclusively on the high seas. We have edited the footnote associated with this fishery. The preamble of the final 2009 LOF describes the relationship between the High Seas Pacific Highly Migratory Species Fisheries (Table 3) and West Coast HMS fisheries on Tables 1 and 2. The CA pelagic longline fishery has been included on the LOF since 2001. The high seas Pacific Highly Migratory Species longline fishery was added to the LOF in Table 3 in 2008 when all high seas fisheries were added to the LOF. As described in the preamble of the final 2009 LOF (73 FR 73032, December 1, 2008), the number of participants in the high seas fisheries, Table 3, is drawn from the National Permitting System database and does not necessarily reflect actual fishing activity. As shown on Table 1, there is one vessel actively engaged in longline fishing with a West PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 20557 Coast HMS permit. This vessel also has an HSFCA permit. A number of individuals hold West Coast HMS permits endorsed to longline (and HSFCA permits) but are not actively fishing with this gear type. In addition, a number of vessels fish with a HI pelagics FMP permit, but make landings in the U.S. West Coast, which requires a West Coast HMS FMP permit (see the HMS SAFE for more details). There are over 40 vessels with a HSFCA permit that hold both a HI pelagics HMS permit and a West Coast HMS permit, which allows them to fish with longline on the high seas (under the HI pelagics permit) and land into the U.S. West Coast (under the West Coast HMS permit). The number of HSFCA permits issued by NMFS changes frequently as new permits are added or renewed, or old permits expire, and does not necessarily reflect the effort or vessels in a fishery. NMFS has promulgated a regulation (80 FR 62488, October 16, 2015) to improve the administration and monitoring of the HSFCA, effective January 14, 2016, and requires vessel operators or owners identify the authorized fishery in which he or she intends to fish when applying for an HSFCA permit. There are eight fisheries authorized on the high seas, including the U.S. West Coast Fisheries for Highly Migratory Species, and this regulation should improve the accuracy of Table 3 in the LOF. Comment 16: The WCSPA recommends that NMFS maintain the Category III designation and separate fishery names for the WA/OR sardine purse seine fishery and the CA anchovy, mackerel, sardine purse seine fishery. WCSPA notes the WA/OR fishery is spatially separate from the CA fishery, and while the quotas that all three fisheries access are set by the Pacific Fishery Management Council under its Coastal Pelagic Species Fishery Management Plan, the day-to-day management of each fishery is different. Each state has its own effort restriction plan and landing limits. There are some signs of a northern sub-population of sardine which forms part of the WA/OR fishery. In the remote occurrence of a marine mammal take that would change the categorization of either the WA/OR or the CA fishery. WCSPA believes it would be unfair to penalize the other spatially separate component. Response: NMFS appreciates the information and withdraws this recommendation, and leaves the ‘‘WA/ OR purse seine’’ and the ‘‘CA anchovy, mackerel, sardine purse seine’’ fisheries in place. E:\FR\FM\08APR1.SGM 08APR1 asabaliauskas on DSK3SPTVN1PROD with RULES 20558 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations Comments on Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean Comment 17: The Commission and CBD/HSUS recommend that NMFS not remove stocks from the list of stocks and/or species incidentally killed or injured in the Category I ‘‘Mid-Atlantic gillnet’’ and Category II ‘‘Mid-Atlantic mid-water trawl’’ fisheries because the fisheries have very low observer coverage. Response: In general, NMFS lists species incidentally killed or injured in a particular fishery based on data observed from the last five years. The list contained in the LOF is not intended to serve as a historical overview of takes within a fishery as the data are available in individual species SARs as well as Appendix III. The agency does, however, maintain flexibility to analyze fisheries on a caseby-case basis in response to low observer coverage. Mid-Atlantic gillnet fisheries have been observed at the following percent coverage from 2009–2013: 3%, 4%, 2%, 2% and 3%, respectively. For this fishery, we recommended the removal of Risso’s and white-sided dolphins from the list of species incidentally taken in this fishery. The last observed takes of Risso’s and white-sided dolphins occurred in 2007 and 1997 when observer coverage was 4% and 3%, respectively. While observer coverage averaged 2.8% over the last five years, Mid-Atlantic gillnet sampling levels are in the developing to mature stage (i.e., sampling 1–2% is recommended for pilot coverage, where coverage greater than 2% is considered developing to mature programs) according to the 2004 NMFS Report on Evaluating Bycatch (http:// www.nmfs.noaa.gov/by_catch/SPO_ final_rev_12204.pdf) (NMFS, 2004). Therefore, current estimated observer coverage for this fishery is considered adequate for bycatch estimation purposes. More importantly, given what we know about the overlap between species distribution and fishing effort, there is low probability that the MidAtlantic gillnet fishery will interact with Risso’s and white-sided dolphins, and if they do occur, that they are rare occurrences. Thus, NMFS removes these species from the list of species and/or stocks incidentally killed or injured in the Mid-Atlantic gillnet fishery. For the Mid-Atlantic mid-water trawl fishery, we proposed to remove shortbeaked common dolphin, long-finned pilot whale, and short-finned pilot whale from this fishery. The last documented takes of these species in VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 the Mid-Atlantic mid-water trawl fishery were in 2007. New genetic information on pilot whales (Waring et al., 2015b) and their distribution has also determined that the distribution of short-finned pilot whales does not overlap with the Mid-Atlantic midwater trawl fishery effort; and, therefore, takes in this fishery are highly unlikely and that previous pilot whale takes should be considered long-finned pilot whales. During the period 2009–2013, analysis has shown that the percent observer sampling coverage for the MidAtlantic mid-water trawl fishery is also adequate for understanding marine mammal bycatch in this fishery (NMFS, 2004). NMFS removes these species from the list of species and/or stocks incidentally killed or injured in the Mid-Atlantic mid-water trawl fishery. In the case of the Mid-Atlantic gillnet and Mid-Atlantic mid-water trawl fisheries, NMFS asserts observer coverage is adequate for determining if recent takes of certain species have occurred within these fisheries. The removal of these species from the list of species incidentally killed or injured from these respective fisheries does not impact the classification of the fisheries in question because other species taken are currently influencing the current classification. NMFS will continue to annually monitor bycatch of marine mammals in these fisheries and will make adjustments to Table 2 should incidental mortalities or injuries occur in the future. Summary of Changes From the Proposed Rule NMFS retains the Category III fisheries, WA/OR sardine purse seine and CA anchovy, mackerel, sardine purse seine, as separate and does not merge and re-name the two fisheries ‘‘CA/OR/WA anchovy, mackerel, sardine purse seine’’ fishery, as proposed. NMFS adds bottlenose dolphin, CA/ OR/WA offshore, and humpback whale, CA/OR/WA, to the list of species and/ or stocks incidentally killed or injured in the Category III CA spiny lobster fishery. Summary of Changes to the LOF for 2016 The following summarizes the changes to the LOF for 2016, 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. In the LOF for 2016, NMFS re-classifies three fisheries. Additionally, NMFS adds two fisheries to the LOF and removes six PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 fisheries from the LOF. NMFS makes 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. While detailed information describing each fishery in the LOF is included within the SARs, a Fishery Management Plan, or a TRP, or by state agencies, general descriptive information is important to include in the LOF for improved clarity; starting with the 2016 LOF, NMFS is releasing Category III fishery fact sheets as they are completed. The classifications and definitions of U.S. commercial fisheries for 2016 are identical to those provided in the LOF for 2015 with the changes discussed below. State and regional abbreviations used in the following paragraphs include: AK (Alaska), BSAI (Bering Sea and Aleutian Islands), 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 Classification of Fisheries NMFS reclassifies the Category III Alaska Bering Sea/Aleutian Island Pacific Cod Longline Fishery as Category II. NMFS reclassifies the Category II Alaska Kodiak Salmon Purse Seine Fishery as Category III. NMFS reclassifies the Category II Alaska Cook Inlet Salmon Purse Seine Fishery as Category III. Addition of Fisheries NMFS adds the CA sea cucumber trawl fishery to the LOF as Category III. NMFS adds the WA/OR Mainstem Columbia River eulachon gillnet fishery to the LOF as Category III. Removal of Fisheries NMFS removes the Category III WA/ OR herring, smelt, shad, sturgeon, bottom fish, mullet, perch, rockfish gillnet fishery from the LOF. NMFS removes the Category III WA/ OR smelt, herring dip net fishery from the LOF. Fishery Name and Organizational Changes and Clarification NMFS renames the Category III ‘‘WA (all species) beach seine or drag seine’’ as the ‘‘WA/OR Lower Columbia River salmon seine’’ fishery. NMFS divides out three fisheries from the Category III ‘‘AK North Pacific E:\FR\FM\08APR1.SGM 08APR1 20559 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations halibut, AK bottom fish, WA/OR/CA albacore, groundfish, bottom fish, CA halibut non-salmonid troll’’ fishery and renames them as: ‘‘WA/OR/CA albacore surface hook and line/troll’’ fishery, ‘‘CA halibut hook and line/handline’’ fishery, and ‘‘CA White seabass hook and line/handline’’ fishery and removes the remaining fisheries in the group. NMFS renames the Category III ‘‘WA/ OR salmon net pens’’ fishery as the ‘‘WA salmon net pen’’ fishery. NMFS renames (by revising, separating, and combining) the Category III ‘‘WA/OR sea urchin, other clam, octopus, oyster, sea cucumber, scallop, ghost shrimp, dive, hand/mechanical collection’’ and ‘‘CA sea urchin’’ fisheries to become the ‘‘WA/OR bait shrimp, clam hand, dive or mechanical Number of Vessels/Persons NMFS updates the estimated number of vessels/persons in the Pacific Ocean (Table 1) as follows: Number of vessels/persons (Final 2015 LOF) Category Fishery I .................... I .................... II ................... II ................... II ................... II ................... III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. III .................. asabaliauskas on DSK3SPTVN1PROD with RULES collection’’ and ‘‘OR/CA sea urchin, sea cucumber dive, hand/mechanical collection’’ fisheries. NMFS renames the Category III ‘‘WA shellfish aquaculture’’ fishery as the ‘‘WA/OR shellfish aquaculture’’ fishery. HI deep-set longline .............................................................................................. CA thresher shark/swordfish drift gillnet (≥14 in mesh) ....................................... CA spot prawn trap ............................................................................................... HI shallow-set longline .......................................................................................... American Samoa longline ..................................................................................... HI shortline ............................................................................................................ CA set gillnet (mesh size <3.5 in) ........................................................................ HI inshore gillnet ................................................................................................... WA/OR Lower Columbia River salmon seine ...................................................... HI lift net ................................................................................................................ HI throw net, cast net ........................................................................................... HI seine net ........................................................................................................... American Samoa tuna troll ................................................................................... HI troll .................................................................................................................... HI rod and reel ...................................................................................................... HI kaka line ........................................................................................................... HI vertical line ....................................................................................................... CA halibut bottom trawl ........................................................................................ CA/OR coonstripe shrimp pot ............................................................................... CA rock crab pot ................................................................................................... CA spiny lobster .................................................................................................... HI crab trap ........................................................................................................... HI fish trap ............................................................................................................ HI shrimp trap ....................................................................................................... HI Kona crab loop net ........................................................................................... American Samoa bottomfish handline .................................................................. HI bottomfish handline .......................................................................................... HI inshore handline ............................................................................................... HI pelagic handline ............................................................................................... CA swordfish harpoon .......................................................................................... HI bullpen trap ...................................................................................................... HI handpick ........................................................................................................... HI lobster diving .................................................................................................... HI spearfishing ...................................................................................................... List of Species and/or Stocks Incidentally Killed or Injured in the Pacific Ocean NMFS adds the southwest Alaska stock of northern sea otters to the list of species and/or stocks killed or injured in the Category II Alaska Peninsula/ Aleutian Islands salmon set gillnet fishery. NMFS adds the U.S. stock of California sea lions, unknown stock of harbor porpoise, unknown stock of harbor seals, California breeding stock of northern elephant seals, unknown stock of Steller sea lions to the species and/or stocks incidentally killed or injured by the Category III CA halibut bottom trawl fishery. VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 NMFS adds bottlenose dolphin, CA/ OR/WA offshore, and humpback whale, CA/OR/WA, to the list of species and/ or stocks killed or injured in the Category III CA spiny lobster fishery. NMFS adds the Northwestern Hawaiian Islands stock of false killer whales to the list of species and/or stocks killed or injured in the Category I Hawaii deep-set longline fishery. NMFS removes the Palmyra Atoll stock of false killer whales from the list of species and/or stocks killed or injured in the Category I Hawaii deepset longline fishery. NMFS adds notation ‘‘1’’ to indicate that the Main Hawaiian Islands (MHI) insular stock of false killer whales, PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 128 19 28 18 25 6 304 42 235 21 20 21 7 1,755 221 24 6 53 10 150 198 7 5 6 35 14 578 376 484 30 <3 58 23 159 Number of vessels/persons (Final 2016 LOF) 135 18 25 15 22 9 296 36 10 17 23 24 13 2,117 322 15 3 47 36 124 194 5 9 10 33 17 496 357 534 6 3 46 19 163 along with the HI pelagic stock of false killer whales, is also driving the Hawaii deep-set longline fishery’s Category I classification. NMFS adds the Gulf of Alaska, BSAI transient stock of killer whales to the list of species and/or stocks killed or injured in the Category II Alaska BSAI Pacific cod longline fishery. NMFS removes notation ‘‘1’’ from the Central North Pacific stock of humpback whales under the Category III fisheries: Alaska Cook Inlet salmon purse seine and Alaska Kodiak salmon purse seine. E:\FR\FM\08APR1.SGM 08APR1 20560 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean ‘‘U.S. Mid-Atlantic offshore surf clam/ quahog dredge’’ fishery. Fishery Name and Organizational Changes and Clarification Number of Vessels/Persons NMFS updates the estimated number of vessels/persons in the Atlantic NMFS renames and changes the geographic scope of the Category III Number of vessels/persons (Final 2015 LOF) Category Fishery I .................... I .................... I .................... II ................... II ................... II ................... II ................... II ................... II ................... II ................... II ................... II ................... II ................... II ................... Mid-Atlantic gillnet ................................................................................................. Northeast sink gillnet ............................................................................................ Northeast/Mid-Atlantic American lobster trap/pot ................................................. Chesapeake Bay inshore gillnet ........................................................................... Northeast anchored float gillnet ............................................................................ Northeast drift gillnet ............................................................................................. Mid-Atlantic mid-water trawl (including pair trawl) ................................................ Mid-Atlantic bottom trawl ...................................................................................... Northeast mid-water trawl ..................................................................................... Northeast bottom trawl .......................................................................................... Atlantic mixed-species trap pot ............................................................................. Mid-Atlantic menhaden purse seine ..................................................................... Mid-Atlantic haul/beach seine ............................................................................... Virginia pound net ................................................................................................. List of Species and/or Stocks Incidentally Killed or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean NMFS adds the Gulf of Maine/Bay of Fundy stock of harbor porpoise and the Gulf of Mexico stock of pygmy sperm whale to the list of marine mammal species and/or stocks incidentally killed or injured in the Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery. NMFS adds the Western North Atlantic stock of Risso’s dolphin to the list of marine mammal species and/or stocks incidentally killed or injured in the Category II Northeast bottom trawl fishery. NMFS adds the central Georgia estuarine system stock of bottlenose dolphin to the list of marine mammal species and/or stocks incidentally killed or injured in the Category II Atlantic blue crab trap/pot fishery. NMFS removes the Western North Atlantic stocks of Risso’s dolphin and white-sided dolphin from the list of marine mammal species and/or stocks incidentally killed or injured in the Category I Mid-Atlantic gillnet fishery. NMFS removes the Western North Atlantic stocks of common dolphin, long-finned pilot whale, and shortfinned pilot whale from the list of marine mammal species and/or stocks incidentally killed or injured in the Category II Mid-Atlantic mid-water trawl fishery. NMFS removes the Western North Atlantic stocks of white-sided dolphin, long-finned pilot whale, and shortfinned pilot whale from the list of marine mammal species and/or stocks incidentally killed or injured in the Category II Mid-Atlantic bottom trawl fishery. NMFS removes the Western North Atlantic stocks of white-sided dolphin and short-finned pilot whale from the Fishery I .................... I .................... I .................... II ................... II ................... II ................... II ................... II ................... II ................... II ................... II ................... II ................... II ................... III .................. 17:15 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 4,063 4,332 10,163 272 995 1,567 507 994 1,087 3,132 3,284 19 243 47 list of marine mammal species and/or stocks incidentally killed or injured in the Category II Northeast mid-water trawl fishery. NMFS removes the Western North Atlantic stock of short-finned pilot whale from the list of marine mammal species and/or stock incidentally killed or injured in the Category II Northeast bottom trawl fishery. Commercial Fisheries on the High Seas Removal of Fisheries NMFS removes the following Category II high seas fisheries from the List of Fisheries: (1) Western Pacific Pelagic Trawl, (2) Pacific Highly Migratory Species Liners, not elsewhere included (NEI), (3) South Pacific Albacore Troll Liners (NEI), and (4) Western Pacific Pelagic Liners (NEI). Number of Vessels/Persons NMFS updates the estimated number of HSFCA permits (Table 3) as follows: Atlantic Highly Migratory Species Longline .......................................................... Western Pacific Pelagic (HI Deep-set component) .............................................. Pacific Highly Migratory Species Drift Gillnet ....................................................... South Pacific Tuna Fisheries Purse Seine ........................................................... South Pacific Albacore Troll Longline ................................................................... Western Pacific Pelagic (HI Shallow-set component) .......................................... Atlantic Highly Migratory Species Handline/Pole and Line .................................. Pacific Highly Migratory Species Handline/Pole and Line ................................... South Pacific Albacore Troll Handline/Pole and Line ........................................... Western Pacific Pelagic Handline/Pole and Line ................................................. South Pacific Albacore Troll ................................................................................. South Pacific Tuna Fisheries Troll ........................................................................ Western Pacific Pelagic Troll ................................................................................ Pacific Highly Migratory Species Longline ........................................................... VerDate Sep<11>2014 Number of vessels/persons (Final 2016 LOF) 5,509 4,375 11,693 1,126 421 311 322 631 1,103 2,987 3,467 5 565 67 Number of HSFCA permits (Final 2015 LOF) Category asabaliauskas on DSK3SPTVN1PROD with RULES Ocean, Gulf of Mexico, and Caribbean (Table 2) as follows: E:\FR\FM\08APR1.SGM 83 128 4 38 13 18 2 41 8 3 35 3 19 100 08APR1 Number of HSFCA permits (Final 2016 LOF) 86 135 5 39 15 15 3 50 9 5 38 5 21 126 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations Number of HSFCA permits (Final 2015 LOF) Category Fishery III .................. Pacific Highly Migratory Species Troll .................................................................. List of Fisheries The following tables set forth the list of U.S. commercial fisheries according to their classification under section 118 of the MMPA. Table 1 lists commercial fisheries in the Pacific Ocean (including Alaska); Table 2 lists commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean; Table 3 lists commercial fisheries on the high seas; and Table 4 lists fisheries affected by TRPs or TRTs. In Tables 1 and 2, the estimated number of vessels or persons participating in fisheries operating within U.S. waters is expressed in terms of the number of active participants in the fishery, when possible. If this information is not available, the estimated number of vessels or persons licensed for a particular fishery is provided. If no recent information is available on the number of participants, vessels, or persons licensed in a fishery, then the number from the most recent LOF is used for the estimated number of vessels or persons in the fishery. NMFS acknowledges that, in some cases, these estimates may be inflations of actual effort. For example, the State of Hawaii does not issue fishery-specific licenses, and the number of participants reported in the LOF represents the number of commercial marine license holders who reported using a particular fishing gear type/method at least once in a given year, without considering how many times the gear was used. For these fisheries, effort by a single participant is counted the same whether the fisher used the gear only once or every day. In the Mid-Atlantic and New England fisheries, the numbers represent the potential effort for each fishery, given the multiple gear types for which several state permits may allow. Changes made to Mid-Atlantic and New England fishery participants will not affect observer coverage or bycatch estimates, as observer coverage and bycatch estimates are based on vessel trip reports and landings data. Tables 1 and 2 serve to provide a description of the fishery’s potential effort (state and Federal). If NMFS is able to 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 2012. This list includes all species and/or stocks known to be killed or injured in a given fishery but also includes species and/or stocks for which there are anecdotal records of a mortality or injury. Additionally, species identified 253 20561 Number of HSFCA permits (Final 2016 LOF) 243 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 types, 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 exclusive economic zone (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 fisheries on either side of the EEZ boundary. NMFS has designated those fisheries in each table by a ‘‘*’’ after the fishery’s name. asabaliauskas on DSK3SPTVN1PROD with RULES TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN Estimated number of vessels/ persons Fishery description Marine mammal species and/or stocks incidentally killed or injured CATEGORY I LONGLINE/SET LINE FISHERIES: VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1 20562 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons Fishery description Marine mammal species and/or stocks incidentally killed or injured HI deep-set longline *∧ ......................................................... 135 ............... Bottlenose dolphin, HI Pelagic. False killer whale, MHI Insular.1 False killer whale, HI Pelagic.1 False killer whale, NWHI. 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 drift gillnet (≥14 in mesh) * ..... 18 ................. Bottlenose dolphin, CA/OR/WA offshore. California sea lion, U.S. Humpback whale, CA/OR/WA. Long-beaked common dolphin, CA. Minke whale, CA/OR/WA. Northern elephant seal, CA breeding. Northern right-whale dolphin, CA/OR/WA. Pacific white-sided dolphin, CA/OR/WA. Risso’s dolphin, CA/OR/WA. Short-beaked common dolphin, CA/OR/WA. Sperm Whale, CA/OR/WA1 CATEGORY II GILLNET FISHERIES: CA halibut/white seabass and other species set gillnet ...... (≤3.5 in mesh) ...................................................................... CA yellowtail, barracuda, and white seabass drift gillnet (mesh size ≥3.5 in and <14 in) 2. 50 ................. California sea lion, U.S. 30 ................. Harbor seal, CA. Humpback whale, CA/OR/WA.1 Long-beaked common dolphin, CA. Northern elephant seal, CA breeding. Sea otter, CA. Short-beaked common dolphin, CA/OR/WA. California sea lion, U.S. 1,862 ............ AK Bristol Bay salmon set gillnet 2 ....................................... 979 ............... AK Kodiak salmon set gillnet ............................................... 188 ............... AK Cook Inlet salmon set gillnet .......................................... asabaliauskas on DSK3SPTVN1PROD with RULES AK Bristol Bay salmon drift gillnet 2 ...................................... 736 ............... AK Cook Inlet salmon drift gillnet ......................................... 569 ............... AK Peninsula/Aleutian Islands salmon drift gillnet 2 ............. 162 ............... VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 Long-beaked common dolphin, CA. Short-beaked common dolphin, CA/OR/WA. Beluga whale, Bristol Bay. Gray whale, Eastern North Pacific. Harbor seal, Bering Sea. Northern fur seal, Eastern Pacific. Pacific white-sided dolphin, North Pacific. Spotted seal, AK. Steller sea lion, Western U.S. Beluga whale, Bristol Bay. Gray whale, Eastern North Pacific. Harbor seal, Bering Sea. Northern fur seal, Eastern Pacific. Spotted seal, AK. Harbor porpoise, GOA.1 Harbor seal, GOA. Sea otter, Southwest AK. Steller sea lion, Western U.S. Beluga whale, Cook Inlet. Dall’s porpoise, AK. Harbor porpoise, GOA. Harbor seal, GOA. Humpback whale, Central North Pacific.1 Sea otter, Southcentral AK. Steller sea lion, Western U.S. Beluga whale, Cook Inlet. Dall’s porpoise, AK. Harbor porpoise, GOA.1 Harbor seal, GOA. Steller sea lion, Western U.S. Dall’s porpoise, AK. Harbor porpoise, GOA. Harbor seal, GOA. Northern fur seal, Eastern Pacific. E:\FR\FM\08APR1.SGM 08APR1 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations 20563 TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons Fishery description AK Peninsula/Aleutian Islands salmon set gillnet 2 .............. 113 ............... AK Prince William Sound salmon drift gillnet ....................... 537 ............... AK Southeast salmon drift gillnet ......................................... 474 ............... AK Yakutat salmon set gillnet 2 ............................................ 168 ............... WA Puget Sound Region salmon drift gillnet (includes all inland waters south of US-Canada border and eastward of the Bonilla-Tatoosh line-Treaty Indian fishing is excluded). 210 ............... Marine mammal species and/or stocks incidentally killed or injured Harbor porpoise, Bering Sea. Northern sea otter, Southwest AK. Steller sea lion, Western U.S. Dall’s porpoise, AK. Harbor porpoise, GOA.1 Harbor seal, GOA. Northern fur seal, Eastern Pacific. Pacific white-sided dolphin, North Pacific. Sea otter, Southcentral AK. Steller sea lion, Western U.S.1 Dall’s porpoise, AK. Harbor porpoise, Southeast AK. Harbor seal, Southeast AK. Humpback whale, Central North Pacific.1 Pacific white-sided dolphin, North Pacific. Steller sea lion, Eastern U.S. Gray whale, Eastern North Pacific. Harbor Porpoise, Southeastern AK. Harbor seal, Southeast AK. Humpback whale, Central North Pacific (Southeast AK). Dall’s porpoise, CA/OR/WA. Harbor porpoise, inland WA.1 Harbor seal, WA inland. 32 ................. AK Bering Sea, Aleutian Islands pollock trawl ..................... 102 ............... AK Bering Sea, Aleutian Islands rockfish trawl .................... 17 ................. POT, RING NET, AND TRAP FISHERIES: CA spot prawn pot ............................................................... 25 ................. CA Dungeness crab pot ....................................................... 570 ............... OR Dungeness crab pot ...................................................... asabaliauskas on DSK3SPTVN1PROD with RULES TRAWL FISHERIES: AK Bering Sea, Aleutian Islands flatfish trawl ..................... 433 ............... WA/OR/CA sablefish pot ...................................................... WA coastal Dungeness crab pot ......................................... 309 ............... 228 ............... LONGLINE/SET LINE FISHERIES: AK Bering Sea, Aleutian Islands Pacific cod longline .......... 45 ................. HI shallow-set longline * ∧ ..................................................... 15 ................. VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 Bearded seal, AK. Gray whale, Eastern North Pacific. Harbor porpoise, Bering Sea. Harbor seal, Bering Sea. Humpback whale, Western North Pacific.1 Killer whale, AK resident.1 Killer whale, GOA, AI, BS transient.1 Northern fur seal, Eastern Pacific. Ringed seal, AK. Ribbon seal, AK. Spotted seal, AK. Steller sea lion, Western U.S.1 Walrus, AK. Bearded Seal, AK. Dall’s porpoise, AK. Harbor seal, AK. Humpback whale, Central North Pacific. Humpback whale, Western North Pacific. Northern fur seal, Eastern Pacific. Ribbon seal, AK. Ringed seal, AK. Spotted seal, AK. Steller sea lion, Western U.S.1 Killer whale, ENP AK resident.1 Killer whale, GOA, AI, BS transient.1 Gray whale, Eastern North Pacific. Humpback whale, CA/OR/WA.1 Gray whale, Eastern North Pacific. Humpback whale, CA/OR/WA.1 Gray whale, Eastern North Pacific. Humpback whale, CA/OR/WA.1 Humpback whale, CA/OR/WA.1 Gray whale, Eastern North Pacific. Humpback whale, CA/OR/WA.1 Dall’s Porpoise, AK. Killer whale, GOA, BSAI transient.1 Northern fur seal, Eastern Pacific. Ringed seal, AK. Blainville’s beaked whale, HI. Bottlenose dolphin, HI Pelagic. E:\FR\FM\08APR1.SGM 08APR1 20564 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons Fishery description American Samoa longline 2 .................................................. 22 ................. HI shortline 2 ......................................................................... 9 ................... Marine mammal species and/or stocks incidentally killed or injured 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. Bottlenose dolphin, unknown. Cuvier’s beaked whale, unknown. False killer whale, American Samoa. Rough-toothed dolphin, American Samoa. Short-finned pilot whale, unknown. None documented CATEGORY III 1,778 ............ Harbor porpoise, Bering Sea. 54 ................. 29 ................. AK roe herring and food/bait herring gillnet ......................... CA set gillnet (mesh size <3.5 in) ........................................ HI inshore gillnet .................................................................. 920 ............... 296 ............... 36 ................. WA Grays Harbor salmon drift gillnet (excluding treaty Tribal fishing). WA/OR Mainstem Columbia River eulchon gillnet .............. WA/OR lower Columbia River (includes tributaries) drift gillnet. 24 ................. Steller sea lion, Western U.S. Harbor seal, GOA. Sea otter, Southcentral AK. Steller sea lion, Western U.S. None documented. None documented. Bottlenose dolphin, HI. Spinner dolphin, HI. Harbor seal, OR/WA coast. 15 ................. 110 ............... None documented. California sea lion, U.S. WA Willapa Bay drift gillnet .................................................. 82 ................. Harbor seal, OR/WA coast. Harbor seal, OR/WA coast. Northern elephant seal, CA breeding. MISCELLANEOUS NET FISHERIES: AK Cook Inlet salmon purse seine ...................................... AK Kodiak salmon purse seine ............................................ AK Southeast salmon purse seine ....................................... AK Metlakatla salmon purse seine ...................................... AK miscellaneous finfish beach seine ................................. AK miscellaneous finfish purse seine .................................. AK octopus/squid purse seine ............................................. AK roe herring and food/bait herring beach seine ............... AK roe herring and food/bait herring purse seine ................ AK salmon beach seine ....................................................... AK salmon purse seine (excluding salmon purse seine fisheries listed elsewhere). 83 ................. 376 ............... 315 ............... 10 ................. 2 ................... 2 ................... 0 ................... 10 ................. 356 ............... 31 ................. 936 ............... Humpback whale, Central North Pacific. Humpback whale, Central North Pacific. None documented in the most recent five years of data. None documented. None documented. None documented. None documented. None documented. None documented. None documented. Harbor seal, GOA. WA/OR sardine purse seine ................................................ CA anchovy, mackerel, sardine purse seine ....................... 42 ................. 65 ................. CA squid purse seine ........................................................... asabaliauskas on DSK3SPTVN1PROD with RULES GILLNET FISHERIES: AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet. AK miscellaneous finfish set gillnet ...................................... AK Prince William Sound salmon set gillnet ........................ 80 ................. CA tuna purse seine * .......................................................... WA/OR Lower Columbia River salmon seine ...................... WA/OR herring, smelt, squid purse seine or lampara ......... WA salmon purse seine ....................................................... WA salmon reef net ............................................................. HI lift net ............................................................................... HI inshore purse seine ......................................................... HI throw net, cast net ........................................................... HI seine net .......................................................................... DIP NET FISHERIES: CA squid dip net ................................................................... MARINE AQUACULTURE FISHERIES: CA marine shellfish aquaculture .......................................... CA salmon enhancement rearing pen ................................. CA white seabass enhancement net pens .......................... HI offshore pen culture ......................................................... 10 ................. 10 ................. 130 ............... 75 ................. 11 ................. 17 ................. <3 ................. 23 ................. 24 ................. Harbor seal, Prince William Sound. None documented. California sea lion, U.S. Harbor seal, CA. Long-beaked common dolphin, CA Short-beaked common dolphin, CA/OR/WA. None documented. None documented. None documented. None documented. None documented. None documented. None documented. None documented. None documented. 115 ............... None documented. unknown ....... >1 ................. 13 ................. 2 ................... None documented. None documented. California sea lion, U.S. None documented. VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations 20565 TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons Fishery description WA salmon net pen .............................................................. 14 ................. WA/OR shellfish aquaculture ............................................... TROLL FISHERIES: WA/OR/CA albacore surface hook and line/troll .................. CA halibut hook and line/handline ....................................... CA white seabass hook and line/handline ........................... AK salmon troll ..................................................................... 23 ................. American Samoa tuna troll ................................................... CA/OR/WA salmon troll ........................................................ HI troll ................................................................................... HI rod and reel ..................................................................... Commonwealth of the Northern Mariana Islands tuna troll Guam tuna troll ..................................................................... LONGLINE/SET LINE FISHERIES: AK Bering Sea, Aleutian Islands rockfish longline ............... AK Bering Sea, Aleutian Islands Greenland turbot longline AK Bering Sea, Aleutian Islands sablefish longline ............. AK Gulf of Alaska halibut longline ....................................... AK Gulf of Alaska Pacific cod longline ................................ AK Gulf of Alaska rockfish longline ...................................... AK Gulf of Alaska sablefish longline .................................... AK halibut longline/set line (state and Federal waters) ....... AK octopus/squid longline .................................................... AK state-managed waters longline/setline (including sablefish, rockfish, lingcod, and miscellaneous finfish). WA/OR/CA groundfish, bottomfish longline/set line ............. WA/OR Pacific halibut longline ............................................ CA pelagic longline .............................................................. HI kaka line .......................................................................... HI vertical line ....................................................................... TRAWL FISHERIES: AK Bering Sea, Aleutian Islands Atka mackerel trawl ......... 705 ............... unknown ....... unknown ....... 1,908 ............ Marine mammal species and/or stocks incidentally killed or injured California sea lion, U.S. Harbor seal, WA inland waters. None documented. 13 ................. 4,300 ............ 2,117 ............ 322 ............... 40 ................. 432 ............... None documented. None documented. None documented. Steller sea lion, Eastern U.S. Steller sea lion, Western U.S. None documented. None documented. Pantropical spotted dolphin, HI. None documented. None documented. None documented. 3 ................... 4 ................... 22 ................. 855 ............... 92 ................. 25 ................. 295 ............... 2,197 ............ 3 ................... 464 ............... None documented. Killer whale, AK resident. None documented. None documented. Steller sea lion, Western U.S. None documented. Sperm whale, North Pacific. None documented in the most recent five years of data. None documented. None documented. 367 ............... 350 ............... 1 ................... 15 ................. 3 ................... Bottlenose dolphin, CA/OR/WA offshore. None documented. None documented in the most recent five years of data. None documented. None documented. 13 ................. 72 ................. AK Gulf of Alaska flatfish trawl ............................................ AK Gulf of Alaska Pacific cod trawl ..................................... AK Gulf of Alaska pollock trawl ............................................ 36 ................. 55 ................. 67 ................. AK Gulf of Alaska rockfish trawl .......................................... AK food/bait herring trawl ..................................................... AK miscellaneous finfish otter/beam trawl ........................... AK shrimp otter trawl and beam trawl (statewide and Cook Inlet). AK state-managed waters of Cook Inlet, Kachemak Bay, Prince William Sound, Southeast AK groundfish trawl. CA halibut bottom trawl ........................................................ 43 ................. 4 ................... 282 ............... 38 ................. 2 ................... None documented. 47 ................. CA sea cucumber trawl ........................................................ WA/OR/CA shrimp trawl ....................................................... WA/OR/CA groundfish trawl ................................................. asabaliauskas on DSK3SPTVN1PROD with RULES AK Bering Sea, Aleutian Islands Pacific cod trawl .............. Ribbon seal, AK. Steller sea lion, Western U.S. Ringed seal, AK. Steller sea lion, Western U.S. Northern elephant seal, North Pacific. Steller sea lion, Western U.S. Dall’s porpoise, AK. Fin whale, Northeast Pacific. Northern elephant seal, North Pacific. Steller sea lion, Western U.S. None documented. None documented. None documented. None documented. 16 ................. 300 ............... 160–180 ....... California sea lion, U.S. Harbor porpoise, unknown. Harbor seal, unknown. Northern elephant seal, CA breeding. Steller sea lion, unknown. None documented. None documented. California sea lion, U.S. Dall’s porpoise, CA/OR/WA. Harbor seal, OR/WA coast. Northern fur seal, Eastern Pacific. Pacific white-sided dolphin, CA/OR/WA. Steller sea lion, Eastern U.S. POT, RING NET, AND TRAP FISHERIES: AK statewide miscellaneous finfish pot ................................ AK Aleutian Islands sablefish pot ........................................ AK Bering Sea, Aleutian Islands Pacific cod pot ................. AK Bering Sea, Aleutian Islands crab pot ........................... AK Bering Sea sablefish pot ................................................ 4 ................... 4 ................... 59 ................. 540 ............... 2 ................... None documented. None documented. None documented. Gray whale, Eastern North Pacific. None documented. VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1 20566 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons Fishery description Marine mammal species and/or stocks incidentally killed or injured 381 ............... 128 ............... 41 ................. 269 ............... 236 ............... 26 ................. 1 ................... 36 ................. CA rock crab pot .................................................................. 124 ............... CA spiny lobster ................................................................... asabaliauskas on DSK3SPTVN1PROD with RULES AK Gulf of Alaska crab pot .................................................. AK Gulf of Alaska Pacific cod pot ........................................ AK Southeast Alaska crab pot ............................................. AK Southeast Alaska shrimp pot ......................................... AK shrimp pot, except Southeast ........................................ AK octopus/squid pot ........................................................... AK snail pot .......................................................................... CA/OR coonstripe shrimp pot .............................................. 194 ............... WA/OR/CA hagfish pot ........................................................ WA/OR shrimp pot/trap ........................................................ WA Puget Sound Dungeness crab pot/trap ......................... HI crab trap .......................................................................... HI fish trap ............................................................................ HI lobster trap ....................................................................... HI shrimp trap ....................................................................... HI crab net ............................................................................ HI Kona crab loop net .......................................................... HOOK–AND–LINE, HANDLINE, AND JIG FISHERIES: AK miscellaneous finfish handline/hand troll and mechanical jig. AK North Pacific halibut handline/hand troll and mechanical jig. AK octopus/squid handline ................................................... American Samoa bottomfish ................................................ Commonwealth of the Northern Mariana Islands bottomfish Guam bottomfish .................................................................. HI aku boat, pole, and line ................................................... HI bottomfish handline ......................................................... HI inshore handline .............................................................. HI pelagic handline ............................................................... WA groundfish, bottomfish jig .............................................. Western Pacific squid jig ...................................................... HARPOON FISHERIES: CA swordfish harpoon .......................................................... POUND NET/WEIR FISHERIES: AK herring spawn on kelp pound net .................................. AK Southeast herring roe/food/bait pound net .................... HI bullpen trap ...................................................................... BAIT PENS: WA/OR/CA bait pens ........................................................... DREDGE FISHERIES: Alaska scallop dredge .......................................................... DIVE, HAND/MECHANICAL COLLECTION FISHERIES: AK abalone ........................................................................... AK clam ................................................................................ AK Dungeness crab ............................................................. AK herring spawn on kelp .................................................... AK urchin and other fish/shellfish ........................................ HI black coral diving ............................................................. HI fish pond .......................................................................... HI handpick .......................................................................... HI lobster diving ................................................................... HI spearfishing ..................................................................... WA/CA kelp .......................................................................... WA/OR bait shrimp, clam hand, dive, or mechanical collection. OR/CA sea urchin, sea cucumber hand, dive, or mechanical collection. COMMERCIAL PASSENGER FISHING VESSEL (CHARTER BOAT) FISHERIES: AK/WA/OR/CA commercial passenger fishing vessel ......... 54 ................. 254 ............... 249 ............... 5 ................... 9 ................... <3 ................. 10 ................. 4 ................... 33 ................. None documented. Harbor seal, GOA. Humpback whale, Central North Pacific (Southeast AK). Humpback whale, Central North Pacific (Southeast AK). None documented. None documented. None documented. Gray whale, Eastern North Pacific. Harbor seal, CA. Gray whale, Eastern North Pacific. Harbor seal, CA. Bottlenose dolphin, CA/OR/WA offshore. Humpback whale, CA/OR/WA. Gray whale, Eastern North Pacific. None documented. None documented. None documented. Humpback whale, Central North Pacific. None documented. None documented in recent years. None documented. None documented. None documented. 456 ............... None documented. 180 ............... None documented. 7 ................... 17 ................. 28 ................. >300 ............. <3 ................. 578 ............... 357 ............... 534 ............... 679 ............... 0 ................... None None None None None None None None None None 6 ................... None documented. 409 ............... 2 ................... 3 ................... None documented. None documented. None documented. 13 ................. California sea lion, U.S. 108 (5 AK) ... None documented. 0 ................... 130 ............... 2 ................... 339 ............... 398 ............... <3 ................. 5 ................... 46 ................. 19 ................. 163 ............... 4 ................... 201 ............... None None None None None None None None None None None None 10 ................. None documented. >7,000 (2,702 AK). Killer whale, unknown. documented. documented. documented. documented. documented. documented in recent years. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. Steller sea lion, Eastern U.S. VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations 20567 TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons Fishery description Marine mammal species and/or stocks incidentally killed or injured Steller sea lion, Western U.S. LIVE FINFISH/SHELLFISH FISHERIES: CA nearshore finfish live trap/hook-and-line ........................ HI aquarium collecting .......................................................... 93 ................. 90 ................. None documented. None documented. List of Abbreviations and Symbols Used in Table 1: AI—Aleutian Islands; AK—Alaska; BS—Bering Sea; CA—California; ENP—Eastern North Pacific; GOA—Gulf of Alaska; HI—Hawaii; MHI—Main Hawaiian Islands; OR—Oregon; WA—Washington; 1 Fishery classified based on mortalities and serious injuries of this stock, which are greater than or equal to 50 percent (Category I) or greater than 1 percent and less than 50 percent (Category II) of the stock’s PBR; 2 Fishery classified by analogy;* Fishery has an associated high seas component listed in Table 3; ∧ The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the list of species and/or stocks killed or injured in high seas component of the fishery, minus species and/or stocks that have geographic ranges exclusively on the high seas. The species and/or stocks are found, and the fishery remains the same, on both sides of the EEZ boundary. Therefore, the EEZ components of these fisheries pose the same risk to marine mammals as the components operating on the high seas. TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN Estimated number of vessels/ persons Fishery description Marine mammal species and/or stocks incidentally killed or injured CATEGORY I 4,063 ............ Northeast sink gillnet ............................................................ 4,332 ............ TRAP/POT FISHERIES: Northeast/Mid-Atlantic American lobster trap/pot ................ asabaliauskas on DSK3SPTVN1PROD with RULES GILLNET FISHERIES: Mid-Atlantic gillnet ................................................................ 10,163 .......... Harbor seal, WNA. Humpback whale, Gulf of Maine. Minke whale, Canadian east coast. North Atlantic right whale, WNA.1 420 ............... Atlantic spotted dolphin, GMX continental and oceanic. LONGLINE FISHERIES: Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline*. 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. 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. 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. Harbor porpoise, GME, BF. Killer whale, GMX oceanic. VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1 20568 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated number of vessels/ persons Fishery description Marine mammal species and/or stocks incidentally killed or injured 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. Pygmy sperm whale, GMX. 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 2 ........................................ Gulf of Mexico gillnet 2 .......................................................... 272 ............... 724 ............... NC inshore gillnet ................................................................. 1,323 ............ gillnet 2 ......................................... 995 ............... Northeast drift gillnet 2 .......................................................... Southeast Atlantic gillnet 2 .................................................... 1,567 ............ 357 ............... Southeastern U.S. Atlantic shark gillnet .............................. 30 ................. TRAWL FISHERIES: Mid-Atlantic mid-water trawl (including pair trawl) ............... 507 ............... Mid-Atlantic bottom trawl ...................................................... 994 ............... Northeast mid-water trawl (including pair trawl) ................... 1,087 ............ Northeast bottom trawl ......................................................... 3,132 ............ Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl ..... 4,950 ............ TRAP/POT FISHERIES: Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/ pot 2. 1,282 ............ asabaliauskas on DSK3SPTVN1PROD with RULES Northeast anchored float VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 None documented in the most recent five years of data. Bottlenose dolphin, GMX bay, sound, and estuarine. Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Western GMX coastal. Bottlenose dolphin, Northern NC estuarine system.1 Bottlenose dolphin, Southern NC estuarine system.1 Harbor seal, WNA. Humpback whale, Gulf of Maine. White-sided dolphin, WNA. None documented. Bottlenose dolphin, Central FL coastal. Bottlenose dolphin, Northern FL coastal. Bottlenose dolphin, SC/GA coastal. Bottlenose dolphin, Southern migratory coastal. Bottlenose dolphin, unknown (Central FL, Northern FL, SC/GA coastal, or Southern migratory coastal). North Atlantic right whale, WNA. Risso’s dolphin, WNA. White-sided dolphin, WNA.1 Bottlenose dolphin, WNA offshore. Common dolphin, WNA.1 Gray seal, WNA. Harbor seal, WNA. Risso’s dolphin, WNA.1 Gray seal, WNA. Harbor seal, WNA. Long-finned pilot whale, WNA.1 Common dolphin, WNA. Bottlenose dolphin, WNA offshore. Common dolphin, WNA. Gray seal, WNA. Harbor porpoise, GME/BF. Harbor seal, WNA. Harp seal, WNA. Long-finned pilot whale, WNA. Minke whale, Canadian East Coast. Risso’s dolphin, WNA. White-sided dolphin, WNA.1 Atlantic spotted 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. Bottlenose dolphin, Biscayne Bay estuarine. E:\FR\FM\08APR1.SGM 08APR1 20569 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated number of vessels/ persons Fishery description Marine mammal species and/or stocks incidentally killed or injured Bottlenose dolphin, Central FL coastal. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, FL Bay. Bottlenose dolphin, GMX bay, sound, estuarine (FL west coast portion). Bottlenose dolphin, Indian River Lagoon estuarine system. Bottlenose dolphin, Jacksonville estuarine system. Bottlenose dolphin, Northern GMX coastal. Fin whale, WNA. Humpback whale, Gulf of Maine. Bottlenose dolphin, Central FL coastal.1 Bottlenose dolphin, Central GA estuarine system. 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 Atlantic mixed species trap/pot 2 .......................................... 3,284 ............ Atlantic blue crab trap/pot .................................................... 8,557 ............ PURSE SEINE FISHERIES: Gulf of Mexico menhaden purse seine ................................ 40–42 ........... Mid-Atlantic menhaden purse seine2 ................................... 19 ................. HAUL/BEACH SEINE FISHERIES: Mid-Atlantic haul/beach seine .............................................. 243 ............... NC long haul seine ............................................................... 372 ............... 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 ....................................................................... 47 ................. Bottlenose dolphin, Northern migratory coastal. Bottlenose dolphin, Northern NC estuarine system. Bottlenose dolphin, Southern Migratory coastal.1 Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose dolphin, dolphin, dolphin, dolphin, dolphin, GMX bay, sound, estuarine. Northern GMX coastal.1 Western GMX coastal.1 Northern Migratory coastal. Southern Migratory coastal. Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose dolphin, dolphin, dolphin, dolphin, dolphin, Northern Migratory coastal.1 Northern NC estuarine system.1 Southern Migratory coastal.1 Northern NC estuarine system.1 Southern NC estuarine system. asabaliauskas on DSK3SPTVN1PROD with RULES CATEGORY III GILLNET FISHERIES: Caribbean gillnet .................................................................. DE River inshore gillnet ....................................................... Long Island Sound inshore gillnet ........................................ RI, southern MA (to Monomoy Island), and NY Bight (Raritan and Lower NY Bays) inshore gillnet. Southeast Atlantic inshore gillnet ......................................... TRAWL FISHERIES: Atlantic shellfish bottom trawl ............................................... Gulf of Mexico butterfish trawl ............................................. Gulf of Mexico mixed species trawl ..................................... GA cannonball jellyfish trawl ................................................ MARINE AQUACULTURE FISHERIES: Finfish aquaculture ............................................................... Shellfish aquaculture ............................................................ PURSE SEINE FISHERIES: Gulf of Maine Atlantic herring purse seine .......................... VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00047 >991 ............. Unknown ...... Unknown ...... Unknown ...... None None None None Unknown ...... Bottlenose dolphin, Northern SC estuarine system. >58 ............... 2 ................... 20 ................. 1 ................... None documented. Bottlenose dolphin, Northern GMX oceanic. Bottlenose dolphin, Northern GMX continental shelf. None documented. Bottlenose dolphin, SC/GA coastal. 48 ................. unknown ....... Harbor seal, WNA. None documented. >7 ................. Harbor seal, WNA. Gray seal, WNA. Fmt 4700 Sfmt 4700 documented documented documented documented in in in in E:\FR\FM\08APR1.SGM the the the the most most most most 08APR1 recent recent recent recent five five five five years years years years of of of of data. data. data. data. 20570 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated number of vessels/ persons Fishery description Marine mammal species and/or stocks incidentally killed or injured >2 ................. 10 ................. 5 ................... None documented. Bottlenose dolphin, Eastern GMX coastal. Long-finned pilot whale, WNA. Short-finned pilot whale, WNA. LONGLINE/HOOK–AND–LINE FISHERIES: Northeast/Mid-Atlantic bottom longline/hook-and-line .......... Gulf of Maine, U.S. Mid-Atlantic tuna, shark swordfish hook-and-line/harpoon. >1,207 .......... 428 ............... None documented. Bottlenose dolphin, WNA offshore. Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean snapper-grouper and other reef fish bottom longline/ hook-and-line. Southeastern U.S. Atlantic, Gulf of Mexico shark bottom longline/hook-and-line. >5,000 .......... Humpback whale, Gulf of Maine. Bottlenose dolphin, GMX continental shelf. <125 ............. Bottlenose dolphin, Eastern GMX coastal. Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean pelagic hook-and-line/harpoon. U.S. Atlantic, Gulf of Mexico trotline .................................... TRAP/POT FISHERIES Caribbean mixed species trap/pot ....................................... Caribbean spiny lobster trap/pot .......................................... FL spiny lobster trap/pot ...................................................... 1,446 ............ Bottlenose dolphin, Northern GMX continental shelf. None documented. Unknown ...... None documented. >501 ............. >197 ............. 1,268 ............ Gulf of Mexico blue crab trap/pot ......................................... 4,113 ............ Gulf of Mexico mixed species trap/pot ................................. Southeastern U.S. Atlantic, Gulf of Mexico golden crab trap/pot. U.S. Mid-Atlantic eel trap/pot ............................................... STOP SEINE/WEIR/POUND NET/FLOATING TRAP FISHERIES: Gulf of Maine herring and Atlantic mackerel stop seine/ weir. asabaliauskas on DSK3SPTVN1PROD with RULES Gulf of Maine menhaden purse seine .................................. FL West Coast sardine purse seine .................................... U.S. Atlantic tuna purse seine * ........................................... unknown ....... 10 ................. None documented. None documented. Bottlenose dolphin, Biscayne Bay estuarine. Bottlenose dolphin, Central FL coastal. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, FL Bay estuarine. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, GMX bay, sound, estuarine. Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Western GMX coastal. West Indian manatee, FL. None documented. None documented. Unknown ...... None documented. >1 ................. Harbor porpoise, GME/BF. 2,600 ............ Unknown ...... Harbor seal, WNA. Minke whale, Canadian east coast. Atlantic white-sided dolphin, WNA. None documented. Bottlenose dolphin, Northern NC estuarine system. 9 ................... None documented. Unknown ...... Unknown ...... >403 ............. Unknown ...... Unknown ...... Unknown ...... 7,000 ............ Unknown ...... None None None None None None None None 15 ................. unknown ....... 25 ................. None documented in the most recent five years of data. None documented. None documented. 20,000 .......... None documented. Unknown ...... Unknown ...... None documented. None documented. U.S. Mid-Atlantic crab stop seine/weir ................................. U.S. Mid-Atlantic mixed species stop seine/weir/pound net (except the NC roe mullet stop net). RI floating trap ...................................................................... DREDGE FISHERIES: Gulf of Maine sea urchin dredge ......................................... Gulf of Maine mussel dredge ............................................... Gulf of Maine, U.S. Mid-Atlantic sea scallop dredge ........... Mid-Atlantic blue crab dredge .............................................. Mid-Atlantic soft-shell clam dredge ...................................... Mid-Atlantic whelk dredge .................................................... U.S. Mid-Atlantic/Gulf of Mexico oyster dredge ................... New England and Mid-Atlantic offshore surf clam/quahog dredge. HAUL/BEACH SEINE FISHERIES: Caribbean haul/beach seine ................................................ Gulf of Mexico haul/beach seine .......................................... Southeastern U.S. Atlantic haul/beach seine ...................... DIVE, HAND/MECHANICAL COLLECTION FISHERIES: Atlantic Ocean, Gulf of Mexico, Caribbean shellfish dive, hand/mechanical collection. Gulf of Maine urchin dive, hand/mechanical collection ....... Gulf of Mexico, Southeast Atlantic, Mid-Atlantic, and Caribbean cast net. COMMERCIAL PASSENGER FISHING VESSEL (CHARTER BOAT) FISHERIES: VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 documented. documented. documented. documented. documented. documented. documented. documented. E:\FR\FM\08APR1.SGM 08APR1 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations 20571 TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated number of vessels/ persons Fishery description Atlantic Ocean, Gulf of Mexico, Caribbean commercial passenger fishing vessel. 4,000 ............ Marine mammal species and/or stocks incidentally killed or injured Bottlenose dolphin, Biscayne Bay estuarine. Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose Bottlenose dolphin, dolphin, dolphin, dolphin, dolphin, dolphin, dolphin, dolphin, dolphin, dolphin, dolphin, dolphin, dolphin, dolphin, dolphin, dolphin, Central FL coastal. Choctawhatchee Bay. Eastern GMX coastal. FL Bay. GMX bay, sound, estuarine. Indian River Lagoon estuarine system. Jacksonville estuarine system. Northern FL coastal. Northern GA/Southern SC estuarine. Northern GMX coastal. Northern migratory coastal. Northern NC estuarine. Southern migratory coastal. Southern NC estuarine system. Southern SC/GA coastal. Western GMX coastal List of Abbreviations and Symbols Used in Table 2: DE—Delaware; FL—Florida; GA—Georgia; GME/BF—Gulf of Maine/Bay of Fundy; GMX— Gulf of Mexico; MA—Massachusetts; NC—North Carolina; NY—New York; RI—Rhode Island; SC—South Carolina; VA—Virginia; WNA—Western North Atlantic; 1 Fishery classified based on mortalities and serious injuries of this stock, which are greater than or equal to 50 percent (Category I) or greater than 1 percent and less than 50 percent (Category II) of the stock’s PBR; 2 Fishery classified by analogy; * Fishery has an associated high seas component listed in Table 3. TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS Number of HSFCA permits Fishery description Marine mammal species and/or stocks incidentally killed or injured Category I 86 ................. Western Pacific Pelagic (HI Deep-set component) * ∧ ......... 135 ............... DRIFT GILLNET FISHERIES: Pacific Highly Migratory Species ∧ ....................................... asabaliauskas on DSK3SPTVN1PROD with RULES LONGLINE FISHERIES: Atlantic Highly Migratory Species * ...................................... 5 ................... 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. 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. Bottlenose dolphin, HI Pelagic. False killer whale, HI Pelagic. Pantropical spotted dolphin, HI. Risso’s dolphin, HI. Short-finned pilot whale, HI. Sperm whale, HI. Striped dolphin, HI. Long-beaked common dolphin, CA. Humpback whale, CA/OR/WA. Northern right-whale dolphin, CA/OR/WA. Pacific white-sided dolphin, CA/OR/WA. Risso’s dolphin, CA/OR/WA. Short-beaked common dolphin, CA/OR/WA. Category II DRIFT GILLNET FISHERIES: Atlantic Highly Migratory Species ........................................ VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00049 1 ................... Fmt 4700 Sfmt 4700 Undetermined. E:\FR\FM\08APR1.SGM 08APR1 20572 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS—Continued Number of HSFCA permits Fishery description TRAWL FISHERIES: Atlantic Highly Migratory Species ** ..................................... CCAMLR .............................................................................. PURSE SEINE FISHERIES: South Pacific Tuna Fisheries ............................................... Western Pacific Pelagic ....................................................... LONGLINE FISHERIES: CCAMLR .............................................................................. South Pacific Albacore Troll ................................................. South Pacific Tuna Fisheries ** ............................................ Western Pacific Pelagic (HI Shallow-set component) * ∧ ..... HANDLINE/POLE AND LINE FISHERIES: Atlantic Highly Migratory Species ........................................ Pacific Highly Migratory Species .......................................... South Pacific Albacore Troll ................................................. Western Pacific Pelagic ....................................................... TROLL FISHERIES: Atlantic Highly Migratory Species ........................................ South Pacific Albacore Troll ................................................. South Pacific Tuna Fisheries ** ............................................ Western Pacific Pelagic ....................................................... Marine mammal species and/or stocks incidentally killed or injured 1 ................... 0 ................... Undetermined. Antarctic fur seal. 39 ................. 3 ................... Undetermined. Undetermined. 0 ................... 15 ................. 8 ................... 15 ................. None documented. Undetermined. Undetermined. Blainville’s beaked whale, HI. 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. 3 ................... 50 ................. 9 ................... 5 ................... Undetermined. Undetermined. Undetermined. Undetermined. 2 ................... 38 ................. 5 ................... 21 ................. Undetermined. Undetermined. Undetermined. Undetermined. Category III LONGLINE FISHERIES: Northwest Atlantic Bottom Longline ..................................... Pacific Highly Migratory Species * ........................................ PURSE SEINE FISHERIES Pacific Highly Migratory Species * ∧ ..................................... TRAWL FISHERIES: Northwest Atlantic ................................................................ TROLL FISHERIES: Pacific Highly Migratory Species * ........................................ 1 ................... 126 ............... None documented. None documented in the most recent 5 years of data. 8 ................... None documented. 1 ................... None documented. 243 ............... None documented. List of Terms, Abbreviations, and Symbols Used in Table 3: CA—California; GMX- Gulf of Mexico; HI—Hawaii; OR—Oregon; WA—Washington; WNA—Western North Atlantic. * Fishery is an extension/component of an existing fishery operating within U.S. waters listed in Table 1 or 2. The number of permits listed in Table 3 represents only the number of permits for the high seas component of the fishery. ** These gear types are not authorized under the Pacific HMS FMP (2004), the Atlantic HMS FMP (2006), or without a South Pacific Tuna Treaty license (in the case of the South Pacific Tuna fisheries). Because HSFCA permits are valid for five years, permits obtained in past years exist in the HSFCA permit database for gear types that are now unauthorized. Therefore, while HSFCA permits exist for these gear types, it does not represent effort. In order to land fish species, fishers must be using an authorized gear type. Once these permits for unauthorized gear types expire, the permit-holder will be required to obtain a permit for an authorized gear type. ∧ The list of marine mammal species 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 asabaliauskas on DSK3SPTVN1PROD with RULES Atlantic Large Whale Take Reduction Plan (ALWTRP)—50 CFR 229.32 VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00050 Fmt 4700 Category I Mid-Atlantic gillnet. Northeast/Mid-Atlantic American lobster trap/pot. Northeast sink gillnet. Category II Atlantic blue crab trap/pot. Atlantic mixed species trap/pot. Northeast anchored float gillnet. Northeast drift gillnet. Southeast Atlantic gillnet. Southeastern U.S. Atlantic shark gillnet * Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations 20573 TABLE 4—FISHERIES AFFECTED BY TAKE REDUCTION TEAMS AND PLANS—Continued Take reduction plans Affected fisheries Bottlenose Dolphin Take Reduction Plan (BDTRP)—50 CFR 229.35 .... False Killer Whale Take Reduction Plan (FKWTRP)—50 CFR 229.37 .. Harbor Porpoise Take Reduction Plan (HPTRP)—50 CFR 229.33 (New England) and 229.34 (Mid-Atlantic). Pelagic Longline Take Reduction Plan (PLTRP)—50 CFR 229.36 ......... Pacific Offshore Cetacean Take Reduction Plan (POCTRP)—50 CFR 229.31. Atlantic Trawl Gear Take Reduction Team (ATGTRT) ............................ Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot ∧ Category I Mid-Atlantic gillnet. Category II Atlantic blue crab trap/pot. Chesapeake Bay inshore gillnet fishery. Mid-Atlantic haul/beach seine. Mid-Atlantic menhaden purse seine. NC inshore gillnet. NC long haul seine. NC roe mullet stop net. Southeast Atlantic gillnet. Southeastern U.S. Atlantic shark gillnet. Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl ∧. Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot ∧. VA pound net Category I HI deep-set longline. Category II HI shallow-set longline. Category I Mid-Atlantic gillnet. Northeast sink gillnet. Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline. Category I CA thresher shark/swordfish drift gillnet (≥14 in mesh) Category II Mid-Atlantic bottom trawl. Mid-Atlantic mid-water trawl (including pair trawl). Northeast bottom trawl. Northeast mid-water trawl (including pair trawl) * Only applicable to the portion of the fishery operating in U.S. waters; ∧ Only applicable to the portion of the fishery operating in the Atlantic Ocean. asabaliauskas on DSK3SPTVN1PROD with RULES 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) at the proposed rule stage that this rule would not have a significant economic impact on a substantial number of small entities. No comments were received on that certification, and no new information has been discovered to change that conclusion. Accordingly, no regulatory flexibility analysis is required, and none has been prepared. This rule contains collection-ofinformation requirements subject to the Paperwork Reduction Act. The collection of information for the registration of individuals under the MMPA has been approved by the Office of Management and Budget (OMB) under OMB control number 0648–0293 (0.15 hours per report for new registrants and 0.09 hours per report for renewals). The requirement for reporting marine mammal mortalities or injuries has been approved by OMB under OMB control number 0648–0292 (0.15 hours per report). These estimates include the time for reviewing VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding these reporting burden estimates or any other aspect of the collections of information, including suggestions for reducing burden, to NMFS and OMB (see ADDRESSES and SUPPLEMENTARY INFORMATION). Notwithstanding any other provision of law, no person is required to respond to nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB control number. This rule has been determined to be not significant for the purposes of Executive Order 12866. An environmental assessment (EA) was prepared under the National Environmental Policy Act (NEPA) 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 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 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. This rule would not change NMFS’s 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 FONSI, 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 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 E:\FR\FM\08APR1.SGM 08APR1 20574 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Rules and Regulations 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 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 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 asabaliauskas on DSK3SPTVN1PROD with RULES Allen, B.M. and R.P. Angliss, editors. 2015. Alaska Marine Mammal Stock Assessments, 2014. NOAA Tech. Memo. NMFS–AFSC– 301. 270 p. VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 Boggs, C.H., D.P. Gonzales, and R.M. Kokubun. 2015. Marine mammals reported under catch lost to predators on fishermen’s commercial catch reports to the State of Hawaii, 2003–2014. NMFS Pacific Islands Fisheries Science Center Data Report DR–15– 006. 14 p. 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. 2015. U.S. Pacific Marine Mammal Stock Assessments: 2014. NOAA Technical Memorandum NOAA–TM– NMFS–SWFSC–549. 78 p. Hatfield, B.B., J.A. Ames, J.A. Estes, M.T. Tinker, A.B. Johnson, M.M. Staedler, and M.D. Harris. 2011. Sea otter mortality in fish and shellfish traps: estimating potential impacts and exploring possible solutions. Endangered Species Research 13:219–229. McCracken, M.L. 2010. Adjustments to false killer whale and short-finned pilot whale bycatch estimates. NMFS Pacific Islands Fisheries Science Center Working Paper WP–10–007. 23 p. McCracken, M.L. 2014. Assessment of Incidental Interactions with Marine Mammals in the Hawaii Deep and Shallow Set Fisheries from 2008 through 2012. NMFS PO 00000 Frm 00052 Fmt 4700 Sfmt 9990 Pacific Islands Fisheries Science Center, PIFSC Internal Report IR–14–006. 1 p. + Excel spreadsheet. NMFS (National Marine Fisheries Service). 2004. Evaluating bycatch: a national approach to standardized bycatch monitoring programs. U.S. Dep. Commer., NOAA Tech. Memo. NMFSF/SPO–66, 108 p. On-line version, http://spo.nmfs.noaa.gov/tm. Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 2015a. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks Assessments, 2014. NOAA Technical Memorandum NOAA–NE–231. 355 p. Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 2015b. Draft U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks Assessments, 2015. NOAA Technical Memorandum NOAA–NE-xxx. 524 p. Available at: http://www.nmfs.noaa.gov/pr/ sars/pdf/atl2015_draft.pdf. Dated: April 5, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016–08114 Filed 4–7–16; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\08APR1.SGM 08APR1

Agencies

[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Rules and Regulations]
[Pages 20550-20574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08114]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 150306230-6303-02]
RIN 0648-BE88


List of Fisheries for 2016

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
final List of Fisheries (LOF) for 2016, as required by the Marine 
Mammal Protection Act (MMPA). The final LOF for 2016 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. In addition, NMFS begins publishing online fact 
sheets for Category III fisheries on a rolling basis.

DATES: The effective date of this final rule is May 9, 2016.

ADDRESSES: Chief, Marine Mammal and Sea Turtle Conservation Division, 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.

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-

[[Page 20551]]

5312; Elizabeth Petras, West Coast Region, 206-526-6155; Bridget 
Mansfield, Alaska Region, 907-586-7642; Dawn Golden, Pacific Islands 
Region, 808-725-5000. Individuals who use a telecommunications device 
for the hearing impaired may call the Federal Information Relay Service 
at 1-800-877-8339 between 8 a.m. and 4 p.m. Eastern time, Monday 
through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION: 

What is the list of fisheries?

    Section 118 of the MMPA requires NMFS to place all U.S. commercial 
fisheries into one of three categories based on the level of incidental 
mortality and serious injury of marine mammals occurring in each 
fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the 
LOF determines whether participants in that fishery may be required to 
comply with certain provisions of the MMPA, such as registration, 
observer coverage, and take reduction plan requirements. NMFS must 
reexamine the LOF annually, considering new information in the Marine 
Mammal Stock Assessment Reports (SARs) and other relevant sources, and 
publish in the Federal Register any necessary changes to the LOF after 
notice and opportunity for public comment (16 U.S.C. 1387 (c)(1)(C)).

How does NMFS determine in which category a fishery is placed?

    The definitions for the fishery classification criteria can be 
found in the implementing regulations for section 118 of the MMPA (50 
CFR 229.2). The criteria are also summarized here.

Fishery Classification Criteria

    The fishery classification criteria consist of a two-tiered, stock-
specific approach that first addresses the total impact of all 
fisheries on each marine mammal stock and then addresses the impact of 
individual fisheries on each stock. This approach is based on 
consideration of the rate, in numbers of animals per year, of 
incidental mortalities and serious injuries of marine mammals due to 
commercial fishing operations relative to the potential biological 
removal (PBR) level for each marine mammal stock. The MMPA (16 U.S.C. 
1362 (20)) defines the PBR level as the maximum number of animals, not 
including natural mortalities, that may be removed from a marine mammal 
stock while allowing that stock to reach or maintain its optimum 
sustainable population. This definition can also be found in the 
implementing regulations for section 118 of the MMPA (50 CFR 229.2).
    Tier 1: Tier 1 considers the cumulative fishery mortality and 
serious injury for a particular stock. If the total annual mortality 
and serious injury of a marine mammal stock, across all fisheries, is 
less than or equal to 10 percent of the PBR level of the stock, all 
fisheries interacting with the stock will be placed in Category III 
(unless those fisheries interact with other stock(s) 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: Tier 2 considers fishery-specific mortality and serious 
injury for a particular stock.
    Category I: Annual mortality and serious injury of a stock in a 
given fishery is greater than or equal to 50 percent of the PBR level 
(i.e., frequent incidental mortality and serious injury of marine 
mammals).
    Category II: Annual mortality and serious injury of a stock in a 
given fishery is greater than 1 percent and less than 50 percent of the 
PBR level (i.e., occasional incidental mortality and serious injury of 
marine mammals).
    Category III: Annual mortality and serious injury of a stock in a 
given fishery is less than or equal to 1 percent of the PBR level 
(i.e., a remote likelihood of or no known incidental mortality and 
serious injury of marine mammals).
    Additional details regarding how the categories were determined are 
provided in the preamble to the final rule implementing section 118 of 
the MMPA (60 FR 45086, August 30, 1995).
    Because fisheries are classified on a per-stock basis, a fishery 
may qualify as one Category for one marine mammal stock and another 
Category for a different marine mammal stock. A fishery is typically 
classified on the LOF at its highest level of classification (e.g., a 
fishery qualifying for Category III for one marine mammal stock and for 
Category II for another marine mammal stock will be listed under 
Category II). Stocks driving a fishery's classification are denoted 
with a superscript ``1'' in Tables 1 and 2.

Other Criteria That May Be Considered

    The tier analysis requires a minimum amount of data, and NMFS does 
not have sufficient data to perform a tier analysis on certain 
fisheries. Therefore, NMFS has classified certain fisheries by analogy 
to other 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 or stocks are included as 
incidentally killed or injured in a fishery, NMFS annually reviews the 
information presented in the current SARs and injury determination 
reports. 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 2016 LOF generally summarizes data from 2008-2012. 
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. In some cases, more recent information may be available and 
used in the LOF, but in an effort to be consistent with the

[[Page 20552]]

most recent SARs and across the LOF, NMFS typically restricts the 
analysis to data within the five-year time period summarized in the 
current SAR.
    For fisheries with observer coverage, species or stocks are 
generally removed from the list of marine mammal species and/or stocks 
incidentally killed or injured if no interactions are documented in the 
five-year timeframe summarized in that year's LOF. For fisheries with 
no observer coverage and for observed fisheries with evidence 
indicating that undocumented interactions may be occurring (e.g., 
fishery has low observer coverage and stranding network data include 
evidence of fisheries interaction that cannot be attributed to a 
specific fishery) species and stocks may be retained for longer than 
five years. For these fisheries, NMFS will review the other sources of 
information listed above and use its discretion to decide when it is 
appropriate to remove a species or stock.

Where does NMFS obtain information on the level of observer coverage in 
a fishery on the LOF?

    The best available information on the level of observer coverage 
and the spatial and temporal distribution of observed marine mammal 
interactions is presented in the SARs. Data obtained from the observer 
program and observer coverage levels are important tools in estimating 
the level of marine mammal mortality and serious injury in commercial 
fishing operations. Starting with the 2005 SARs, each 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, target species, levels of fishing effort, 
spatial and temporal distribution of fishing effort, characteristics of 
fishing gear and operations, management and regulations, and 
interactions with marine mammals. Copies of the SARs are available on 
the NMFS Office of Protected Resources Web site at: http://www.nmfs.noaa.gov/pr/sars/. Information on observer coverage levels in 
Category I, II, and III fisheries can be found in the fishery fact 
sheets on the NMFS Office of Protected Resources' Web site: http://www.nmfs.noaa.gov/pr/interactions/fisheries/lof.html. Additional 
information on observer programs in commercial fisheries can be found 
on the NMFS National Observer Program's Web site: http://www.st.nmfs.gov/observer-home/.

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 take reduction plans (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 these 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 listed in Tables 1 and 2.
    HSFCA permits are valid for five years, during which time Fishery 
Management Plans (FMPs) can change. Therefore, some vessels/
participants may possess valid HSFCA permits without the ability to 
fish under the permit because it was issued for a gear type that is no 
longer authorized under the most current FMP. For this reason, the 
number of HSFCA permits displayed in Table 3 is likely higher than the 
actual U.S. fishing effort on the high seas. For more information on 
how NMFS classifies high seas fisheries on the LOF, see the preamble 
text in the final 2009 LOF (73 FR 73032; December 1, 2008). Additional 
information about HSFCA permits can be found at: http://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://www.nmfs.noaa.gov/pr/interactions/fisheries/lof.html, 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. As it 
completes work on each one, NMFS began posting Category III fishery 
fact sheets online on a rolling basis with the 2016 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

[[Page 20553]]

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 MMAP authorization certificate?

    NMFS has integrated the MMPA registration process, implemented 
through the Marine Mammal Authorization Program (MMAP), with existing 
state and Federal fishery license, registration, or permit systems for 
Category I and II fisheries on the LOF. Participants in these fisheries 
are automatically registered under the MMAP and are not required to 
submit registration or renewal materials. In the Pacific Islands, West 
Coast, and Alaska regions, NMFS will issue vessel or gear owners an 
authorization certificate via U.S. mail or with their state or Federal 
license or permit at the time of issuance or renewal. In the 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. Certificates may also be obtained by visiting the 
Greater Atlantic Regional Office Web site (http://www.greateratlantic.fisheries.noaa.gov/Protected/mmp/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 by contacting 
the Southeast Regional Office at 727-209-5952 or by visiting the 
Southeast Regional Office Web site (http://sero.nmfs.noaa.gov/protected_resources/marine_mammal_authorization_program/) and following 
the instructions for printing the certificate.
    The authorization certificate, or a copy, must be on board the 
vessel while it is operating in a Category I or II fishery, or for non-
vessel fisheries, in the possession of the person in charge of the 
fishing operation (50 CFR 229.4(e)). Although efforts are made to limit 
the issuance of authorization certificates to only those vessel or gear 
owners that participate in Category I or II fisheries, not all state 
and Federal license or permit systems distinguish between fisheries as 
classified by the LOF. Therefore, some vessel or gear owners in 
Category III fisheries may receive authorization certificates even 
though they are not required for Category III fisheries. Individuals 
fishing in Category I and II fisheries for which no state or Federal 
license or permit is required must register with NMFS by contacting 
their appropriate Regional Office (see ADDRESSES).

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 FOR FURTHER INFORMATION 
CONTACT).
    In Southeast regional fisheries, vessel or gear owners' 
registrations are automatically renewed and participants will receive a 
letter in the mail by January 1 instructing them to contact the 
Southeast Regional Office to have an authorization certificate mailed 
to them or to visit the Southeast Regional Office Web site (http://sero.nmfs.noaa.gov/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 or, in the case of non-vessel 
fisheries, fishing activity. ``Injury'' is defined in 50 CFR 229.2 as a 
wound or other physical harm. In addition, any animal that ingests 
fishing gear or any animal that is released with fishing gear 
entangling, trailing, or perforating any part of the body is considered 
injured, regardless of the presence of any wound or other evidence of 
injury, and must be reported.
    Mortality/injury reporting forms and instructions for submitting 
forms to NMFS can be found at: http://www.nmfs.noaa.gov/pr/interactions/mmap/#form or by contacting the appropriate Regional 
office (see FOR FURTHER INFORMATION CONTACT). Forms may be submitted 
via any of the following means: (1) Online using the electronic form, 
(2) emailed as an attachment to nmfs.mireport@noaa.gov, (3) faxed to 
the NMFS Office of Protected Resources at 301-713-0376, or (4) mailed 
to the NMFS Office of Protected Resources (mailing address is provided 
on the postage-paid form that can be printed from the web address 
listed above). Reporting requirements and procedures 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 the Secretary is not required 
to place an observer on a vessel if the facilities for quartering an 
observer or performing observer functions are so inadequate or unsafe 
that the health or safety of the observer or the safe operation of the 
vessel would be jeopardized; thereby authorizing the exemption of 
vessels too small to accommodate an observer from this requirement. 
However, 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)) will not be exempted from observer requirements, regardless 
of their size. 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: 
http://www.nmfs.noaa.gov/pr/interactions/trt/teams.html. 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; descriptions of each Category I and II fishery, and some Category 
III fisheries; observer requirements; and marine mammal mortality/
injury reporting forms and submittal

[[Page 20554]]

procedures, may be obtained at: http://www.nmfs.noaa.gov/pr/interactions/fisheries/lof.html, 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, Seattle Office, 7600 Sand Point Way NE., 
Seattle, WA 98115, Attn: Elizabeth Petras, Protected Resources 
Division;
    NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 
9th Street, Juneau, AK 99802, Attn: Bridget Mansfield; or
    NMFS, Pacific Islands Regional Office, Protected Resources 
Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: Dawn 
Golden.

Sources of Information Reviewed for the 2016 LOF

    NMFS reviewed the marine mammal incidental mortality and serious 
injury information presented in the SARs for all fisheries to determine 
whether changes in fishery classification are warranted. The SARs are 
based on the best scientific information available at the time of 
preparation, including the level of mortality and serious injury of 
marine mammals that occurs incidental to commercial fishery operations 
and the PBR levels of marine mammal stocks. The information contained 
in the SARs is reviewed by regional Scientific Review Groups (SRGs) 
representing Alaska, the Pacific (including Hawaii), and the U.S. 
Atlantic, Gulf of Mexico, and Caribbean. The SRGs were created by the 
MMPA to review the science that informs the SARs, and to advise NMFS on 
marine mammal population status, trends, and stock structure, 
uncertainties in the science, research needs, and other issues.
    NMFS also reviewed other sources of new information, including 
marine mammal stranding data, observer program data, fisher self-
reports through the Marine Mammal Authorization Program, reports to the 
SRGs, conference papers, FMPs, and ESA documents.
    The LOF for 2016 was based on, among other things, stranding data; 
fisher self-reports; and SARs, primarily the 2014 SARs, which are 
generally based on data from 2008-2012. The final SARs referenced in 
this LOF include: 2013 (79 FR 49053, August 19, 2014) and 2014 (80 FR 
50599, August 20, 2015). The SARs are available at: http://www.nmfs.noaa.gov/pr/sars/.

Comments and Responses

    NMFS received four comment letters on the proposed LOF for 2016 (80 
FR 58427, September 29, 2015). Comments were received from the Marine 
Mammal Commission (Commission), Hawaii Longline Association (HLA), West 
Coast Seafood Processors Association (WCSPA), and a joint letter from 
Center for Biological Diversity (CBD) and Humane Society of the United 
States (HSUS).

General Comments

    Comment 1: The Commission recommends that NMFS consider alternative 
methods for the classification of fisheries that rarely interact with 
marine mammals that would average data over longer periods.
    Response: NMFS is currently evaluating the potential for analyzing 
data over longer periods for rare events and its application to the 
SARs through the GAMMS process. The method will be considered for its 
application to the LOF in the future once more discussion has taken 
place regarding the expanded use of such methods in the SARs.
    Comment 2: The Commission urges NMFS to complete the development of 
the fact sheets for all Category III fisheries.
    Response: NMFS acknowledges the importance of having these fact 
sheets completed and will continue working on completing the remaining 
Category III fact sheets. Given the limited information for many 
Category III fisheries, fact sheets are being developed as new 
information becomes available.
    Comment 3: The Commission recommends that NMFS consistently 
summarize information across regions, as necessary, to evaluate 
proposed changes to the LOF in 2016 and subsequent LOF reports.
    Response: NMFS agrees and will continue to provide a consistent 
level of detail across regions, where available. Some flexibility will 
be maintained for cases unique to a region's geography, ecology, 
management structure, or culture.

Comments on Commercial Fisheries in the Pacific Ocean

    Comment 4: The Commission recommends that NMFS assess the potential 
for interactions between main Hawaiian Islands (MHI) insular false 
killer whales and hook-and-line fisheries that overlap with the range 
and habitats used by this stock and reclassify by analogy those 
fisheries with which MHI insular false killer whales are likely to 
interact. At a minimum, the Commission recommends that NMFS reclassify 
the Hawaii troll fishery from Category III to Category II based on 
analogy to longline fisheries.
    Response: NMFS acknowledges the potential for interactions between 
MHI insular false killer whales and hook-and-line fisheries other than 
longline. There are a variety of commercial, recreational, and 
subsistence hook-and-line fisheries in Hawaii that use a mix of gear 
types and methods. These fisheries are not currently observed, and NMFS 
has not received any fisher's self-reports of marine mammal hookings or 
entanglements. Currently available information on MHI insular false 
killer whale injuries, such as dorsal fin scarring and various hooks 
within a stranded animal's stomach, indicate interactions are 
occurring, but they have not been linked to mortalities or serious 
injuries, nor to any specific commercial fishery.
    We do not consider the various Hawaii commercial hook-and-line 
fisheries on the LOF to be analogous to the Category I or II Hawaii 
longline fisheries, given, for example, dissimilarities in fishing 
gear, technique, the number of hooks deployed, and areas fished. 
Additionally, there are no other hook-and-line fisheries listed as 
Category I or II on the LOF. At this time, the available information 
does not support reclassification by analogy of Hawaii hook-and-line 
fisheries, including the Hawaii troll fishery.
    However, given the potential for MHI insular false killer whales to 
interact with hook-and-line fisheries, we are committed to working with 
the State of Hawaii and others to assess the frequency and severity of 
marine mammal interactions in state-managed fisheries and reduce 
impacts as appropriate. For example, NMFS researchers worked with the 
Hawaii Department of Land and Natural Resources (DLNR) to analyze 
marine mammal depredation data on State of Hawaii commercial catch 
reports (Boggs et al., 2015), which may assist in accurately 
identifying fisheries that are more likely to have false killer whale 
interactions. NMFS also recently awarded a 2015 Endangered Species Act 
Section 6 Grant to the Hawaii DLNR for nearly $1.2 million over three 
years to strengthen efforts to minimize and mitigate incidental take of 
MHI insular false killer whales, including spatial and temporal 
analysis of the overlap between fisheries and false killer whale 
habitat. We will continue to work with

[[Page 20555]]

our partners to evaluate the risk the various hook-and-line fisheries 
may pose to MHI insular false killer whales and whether these fisheries 
are appropriately classified on the annual LOF.
    Comment 5: The Hawaii Longline Association (HLA) contends the 
Hawaii-based deep-set longline fishery does not interact with the MHI 
insular or Northwestern Hawaiian Islands (NWHI) stocks of false killer 
whales. HLA states that (a) there has never been a documented 
interaction between the fishery and an animal from either stock, (b) 
the False Killer Whale Take Reduction Plan essentially eliminates any 
overlap between the longline fisheries and the assumed ranges of the 
MHI insular and NWHI stocks, and (c) the revised stock boundaries 
presented in the draft 2015 SAR indicate that there is only a very 
small area in which longline fishing may overlap with either stock, and 
no false killer whale interaction has ever occurred in these areas. HLA 
opposes including the stocks on the list of marine mammals injured or 
killed in the deep-set fishery. If NMFS retains these species on the 
list (which HLA opposes), HLA requests that NMFS state in the LOF that 
there are no confirmed interactions with either stock and no 
interactions with either stock have ever occurred in the very limited 
area where longline effort might overlap with either stock's assumed 
range.
    Response: NMFS determines which species or stocks are included as 
incidentally killed or injured in a fishery by annually reviewing the 
information presented in the current SARs, among other relevant 
sources. The SARs are based on the best available scientific 
information and provide the most current and inclusive information on 
each stock, including range, abundance, PBR, and level of interaction 
with commercial fishing operations. Determinations in the LOF are based 
on the data and calculations contained within the SARs.
    The 2016 LOF is based on the 2014 SARs, which report fishery 
interactions from 2008-2012. NMFS deems this to be the best scientific 
and commercial information available for the time period examined. 
During that time period, NMFS estimates a five-year average mortality 
and serious injury level of 0.9 MHI insular and 0.4 NWHI false killer 
whales per year incidental to the Hawaii-based deep-set longline 
fishery from 2008-2012 (Carretta et al., 2015).
    NMFS is retaining the stocks on the list of marine mammal stocks 
incidentally killed or injured in the Hawaii deep-set longline fishery. 
We disagree with HLA's recommended text and are not including it 
because false killer whale interactions have been observed in the deep-
set longline fishery within the area of overlap between the pelagic, 
MHI insular, and NWHI stocks of false killer whales as defined in the 
2014 SAR. While no genetic samples are available to establish stock 
identity for these takes, all stocks are considered at risk of 
interacting with longline gear. For a more complete analysis of the 
methodology for determining mortality and serious injury of MHI insular 
false killer whales, NMFS refers the commenter to the 2014 SAR.
    Comment 6: HLA restates its comment from the proposed 2015 LOF 
regarding its opposition to including short-finned pilot whales on the 
list of species injured or killed in the Hawaii-based shallow-set 
longline fishery (see Comment 3 in the 2015 LOF final rule, 79 FR 
77919, December 29, 2014). HLA commented that NMFS included the species 
because of a single interaction on the high seas involving an 
unidentified cetacean that ``may have'' been a short-finned pilot 
whale. HLA states that there have been no confirmed short-finned pilot 
whale interactions in the shallow-set fishery. In the absence of data 
confirming that the fishery is interacting with short-finned pilot 
whales, HLA contends NMFS may not add the species to the list of 
species and/or stocks that are incidentally killed or injured by the 
fishery.
    Response: The estimated average annual mortality and serious injury 
of short-finned pilot whales in the fishery on the high seas from 2008-
2012 is 0.1 (McCracken, 2014). NMFS is retaining short-finned pilot 
whales on the list of species or stocks that are incidentally killed or 
injured by the fishery based on the mortality and serious injury 
estimate presented in McCracken, 2014.
    Comment 7: HLA restates its comment from the proposed 2015 LOF 
regarding its opposition to including pygmy or dwarf sperm whales on 
the list of species injured or killed in the Hawaii-based shallow-set 
longline fishery (see Comment 4 in the 2015 LOF final rule, 79 FR 
77919, December 29, 2014). HLA maintains that the MMPA requires NMFS to 
list the species in the LOF that are seriously injured or killed by a 
fishery. HLA cites the 2013 SAR, which reports a single interaction 
with a pygmy or dwarf sperm whale in 2008 that was classified as a non-
serious injury.
    Response: As described in the preamble to this final rule and in 
the MMPA implementing regulations (50 CFR 229.8(b)(2)), the LOF lists 
the marine mammals that have been incidentally injured or killed in 
each commercial fishery. Separately, MMPA implementing regulations at 
50 CFR 229.2 specify a tier analysis process for classifying fisheries 
on the LOF based on their levels of incidental serious injury and 
mortality of marine mammals. Therefore, while only mortalities and 
serious injuries are considered in the tier analysis, all species that 
are injured (seriously or non-seriously) or killed in the fishery are 
included in the list. Finally, the Kogia species whale (pygmy or dwarf 
sperm whale) was included in the list for the Hawaii shallow-set 
longline fishery because a Kogia species whale was non-seriously 
injured in the fishery in 2008 (McCracken, 2014; Carretta et al., 
2015).
    Comment 8: HLA restates its comment from the proposed 2015 LOF 
regarding how marine mammal takes should be listed in transboundary 
fisheries (see Comment 5 in the 2015 LOF final rule, 79 FR 77919, 
December 29, 2014). HLA is concerned that fisheries operating in the 
U.S. EEZ and on the high seas have marine mammals, for which an 
interaction has occurred in either the EEZ or the high seas, included 
on the lists of species killed or injured in both the EEZ and the high 
seas (i.e., on both Tables 1 or 2 and Table 3). HLA is concerned this 
redundant listing results in a mistaken implication that a given 
fishery may interact with a certain species in one geographic area 
(e.g., within the EEZ) when that fishery has only been observed to 
interact with the species in another geographic area (e.g., on the high 
seas). HLA requests that NMFS revise the LOF to attribute species 
interactions in transboundary fisheries to only those geographic 
regions where interactions are actually observed. HLA contends this 
change would adequately report species injured or killed, but would 
avoid the arbitrary result of takes being attributed to fisheries in 
areas in which no take has ever been observed. HLA requests that if 
NMFS does not attribute interactions for transboundary fisheries to the 
geographic regions in which they occurred, then NMFS should include a 
footnote in the LOF to clarify, for certain stocks and fisheries, that 
interactions have only been observed on the high seas or in the U.S. 
EEZ, as appropriate, to more accurately convey the best available 
information to the public.
    Response: As described in the preamble, NMFS has included high seas 
fisheries in Table 3 of the LOF since 2009. Several fisheries operate 
in both U.S. waters and on the high seas, creating some overlap between 
the

[[Page 20556]]

fisheries listed in Tables 1 and 2 and those in Table 3. In these 
cases, the high seas component of the fishery is not considered a 
separate fishery but an extension of a fishery operating within U.S. 
waters. For these fisheries, the lists of species or stocks injured or 
killed in Table 3 are identical to their Table 1 or 2 counterparts, 
except for those species or stocks with distributions known to occur on 
only one side of the EEZ boundary. Because the fisheries and the marine 
mammal lists are the same, takes of these animals are not being 
attributed to one geographic area or the other, even when that 
information may be available. This parallel list structure is explained 
in the footnotes for each table. We are not including additional 
footnotes to individual stocks and fisheries to indicate whether 
interactions have only been observed on the high seas or in the U.S. 
EEZ, but that information may be available in previous LOF rules when 
species and stocks are added or deleted.
    Comment 9: The Commission concurs with NMFS that the Alaska Bering 
Sea/Aleutian Islands Pacific cod longline fishery should be elevated to 
a Category II fishery.
    Response: NMFS acknowledges this comment and finalizes the re-
classification of the Alaska Bering Sea/Aleutian Islands Pacific Cod 
Longline Fishery from Category III to Category II.
    Comment 10: The Commission recommends NMFS retain the Alaska Kodiak 
salmon purse seine and Cook Inlet salmon purse seine fisheries as 
Category II fisheries because they are unobserved.
    Response: The Alaska Kodiak salmon purse seine and Cook Inlet 
salmon purse seine fisheries were added to the LOF as Category II in 
the 2007 LOF (72 FR 14466, March 28, 2007) based on one mortality of a 
humpback whale in each of those fisheries in 2005. Both mortalities 
occurred in an area of geographic overlap of the Central and Western 
North Pacific humpback whales stocks. The 2005 mortalities were 
reported to NMFS through the Stranding/Entanglement program, as the 
fisheries are not observed. Samples were not obtained from the takes 
for genetic analysis, resulting in uncertain stock identification for 
either mortality.
    The 2005 mortalities were each included in the standard five-year 
data sets (resulting in an average 0.4 mortalities/year) used in LOF 
Tier I and II analyses for the 2007-2011 LOFs. Because of the 
uncertainty regarding the whales' stock identity, NMFS used the 
standard precautionary measure of using the lower PBR of the Western 
North Pacific stock in each year's LOF analysis, which resulted in both 
fisheries remaining in Category II for the 2007-2011 LOFs. Once they 
``aged'' out of the standard five-year data set, those mortalities 
continued to be included in the LOF analyses four additional years 
(2012-2015) as a precautionary measure due to the rarity of documented 
humpback takes in purse seine fisheries (only two other humpback whale 
mortalities were previously documented in purse seine fisheries in 
Alaska in the mid-1990s, a mother and calf taken in one event) and 
because the fisheries were unobserved. Although the five-year data set 
used in the 2016 LOF is 2008-2012, no additional humpback whale 
mortalities were reported in Alaska Kodiak salmon purse seine and Cook 
Inlet salmon purse seine fisheries from 2013 through 2015. Further, the 
PBRs for each the Central and Western North Pacific humpback whale 
stocks have increased substantially since the initial 2005 mortalities. 
The PBR for the Central North Pacific humpback whales has increased 
from 12.9 in the 2006 SAR to 82.8 in the 2014 SAR used for the 2007 and 
2016 LOFs, respectively. The PBR for the Western North Pacific humpback 
whales has likewise increased from 1.3 to 3.0 for those same years. 
Given the absence of other evidence to the contrary, ten years with no 
additional mortalities or serious injuries reported (since 2005 via the 
Stranding Network or fisherman self-reports) and a substantial increase 
in PBR for both North Pacific humpback whale stocks, NMFS is 
reclassifying the fisheries as Category III fisheries. NMFS will 
continue to review the most recent data and changes in these fisheries 
and will update the LOF, as appropriate.
    Comment 11: The Commission recommends NMFS assess the potential for 
all unobserved Category III AK purse seine fisheries to take humpback 
whales or similar species and, if appropriate, reclassify them by 
analogy as Category II fisheries.
    Response: NMFS believes that because takes are so rare and there 
are no Table 1 purse seine fisheries analogous to Alaska's fisheries, 
the fisheries should remain in Category III. NMFS will continue to 
review stranding and entanglement data as alternative sources of data 
for these unobserved fisheries.
    Comment 12: The Commission recommends NMFS investigate the 
circumstances and details of the reported interactions with the five 
stocks of marine mammals proposed to be added to the list of stocks 
incidentally killed or injured in the Category III CA halibut bottom 
trawl fishery and consider elevating it to Category II, if warranted. 
NMFS does not provide information on the sources of information upon 
which this proposal is based, nor does it provide any information about 
the number of interactions, their outcomes, or their magnitudes 
relative to PBR. In the absence of such information, it is difficult to 
assess the importance of five stocks being added in one year, although 
the Commission suggests that the number of stocks alone is sufficient 
to indicate the fishery may pose a greater threat to marine mammals, 
although of uncertain magnitude, than was previously understood.
    Response: NMFS compiled information on marine mammal, seabird, and 
sea turtle takes observed in the west coast groundfish fisheries for 
the 2011 report entitled ``Estimated Bycatch of Marine Mammals, 
Seabirds, and Sea Turtles in the U.S. West Coast Commercial Groundfish 
Fishery, 2002-2009'' available at http://www.nwfsc.noaa.gov/research/divisions/fram/observation/data_products/datareport/docs/mmsbt_report02-09.pdf. The report provides observed numbers and 
estimates of marine mammals, in table 7, that were observed 
incidentally taken in the groundfish fisheries, including the CA 
halibut bottom trawl fishery, between 2002 and 2009. The marine mammals 
reported as killed or seriously injured are California sea lion, 
Steller sea lion, harbor seal, elephant seal, and harbor porpoise. We 
reviewed the annual fishery mortality and serious injury estimates and 
PBRs for each of the five species/stocks. The Tier 1 analysis indicated 
that mortality and serious injury did not exceed 10 percent of PBR when 
added to other fishery mortality and serious injury for these stocks, 
therefore, the fishery remains in Category III.
    Comment 13: CBD/HSUS recommend NMFS add bottlenose dolphin, CA/OR/
WA offshore stock, humpback whale, CA/OR/WA stock, and sea otter, CA 
stock, to the list of species and/or stocks incidentally killed or 
injured by the CA spiny lobster fishery. In addition, CBD/HSUS 
recommend that NMFS list the CA spiny lobster fishery as Category II 
based on the interactions with bottlenose dolphin and humpback whale. 
The most current stock assessment report documents take of: Bottlenose 
dolphin (one serious injury in 2008) and humpback whale (one serious 
injury between 2007 and 2011). The list should include sea otters by 
analogy because the stock assessment report cited controlled 
experiments conducted by the U.S. Geological Survey and the Monterey 
Bay Aquarium that demonstrated that sea otters

[[Page 20557]]

exposed to lobster traps in a captive setting would succeed in entering 
them (Carretta et al., 2015 (citing Hatfield et al., 2011)). The mean 
annual take of offshore bottlenose dolphins in the spiny lobster 
fishery is 0.2, which is 3.6 percent of the PBR of 5.5. The mean annual 
take of humpback whales in the spiny lobster fishery is 0.2, which is 
1.8 percent of the PBR of 11 that is allocated to U.S. waters. The 
fishery should be classified as Category II because the take of both 
stocks are between one and fifty percent of PBR.
    Response: NMFS notes this oversight and adds bottlenose dolphins 
and humpback whales to the list of species/stocks incidentally killed 
or injured in the CA spiny lobster fishery. NMFS will address the 
classification of this fishery in the proposed 2017 LOF. See Response 
to Comment 14 regarding the request to add sea otters to the list of 
species/stocks killed or injured.
    Comment 14: CBD/HSUS recommend that NMFS list the CA/OR coonstripe 
shrimp pot, CA rock crab pot, and WA/OR/CA hagfish pot fisheries as 
Category II by analogy to other pot fisheries because of the number of 
entanglements due to unknown fishery interactions and the evidence that 
pots can attract sea otters (Carretta et al., 2015 (citing Hatfield et 
al., 2011)). CBD/HSUS noted that from 2000-2015, NMFS received 231 
reports of entanglements, 156 of which were confirmed, 114 of which 
were assigned to a reported fishery and 69 of which were confirmed to a 
fishery.
    Response: NMFS has received similar comments regarding pot/trap 
fishery classifications in the past. NMFS relies upon the most recently 
available complete information to evaluate categorizations of fisheries 
on the List of Fisheries. For the proposed 2016 LOF, the most recent 
available information is through 2012. NMFS will address reports of 
entanglements and strandings during 2014 as part of the development of 
the proposed 2017 LOF. NMFS received a similar comment regarding sea 
otters for the proposed 2012 LOF (76 FR 73912, November 29, 2011, 
comment/response 9) as well as 2011 LOF (75 FR 68475, November 8, 2010, 
comment/response 13) and 2010 LOF (74 FR 58859, November 16, 2009, 
comment/response 3). As described in the response to comments in the 
final 2012 LOF and described in detail in the proposed 2009 LOF (73 FR 
33760, June 13, 2008), NMFS conducted an extensive review of all 
available information on marine mammal interactions with pot/trap gear 
in 2008 and found no evidence of sea otter bycatch at that time or 
since. The USFWS completed a stock assessment for southern sea otters 
in 2008, which has not been updated. The USFWS, as part of public 
comments for the 2012 LOF, submitted a paper by Hatfield et al., 
(2011), detailing experiments that indicate that sea otters can enter 
and become entrapped in pots or traps with openings of certain sizes. 
However, the paper presented no evidence of this occurring during 
commercial fishing activities off California. The possibility of an 
interaction is insufficient justification to include southern sea 
otters on the list of species incidentally killed or injured in 
particular fisheries. Instead, NMFS needs some indication that 
mortalities/injuries are occurring or have occurred in these fisheries 
in recent years (e.g., fisher's self-reports, observer data, stranding 
data). If additional information becomes available indicating that 
southern sea otters have been killed or injured in CA trap/pot 
fisheries in recent years, NMFS will consider including this species on 
the LOF at that time.
    Comment 15: CBD/HSUS recommend that NMFS clarify the discrepancy 
between the number of vessels participating in the Table 3 ``Pacific 
highly migratory species longline'' fishery (estimated 126 vessels/
persons) and the Table 1 ``California pelagic longline'' fishery 
(estimated one vessel/person) because the definition of the fishery and 
identification of vessels participating in the fishery drastically 
affects how to quantify marine mammal interactions and both fisheries 
operate only on the high seas.
    Response: The commenter is correct that the use of longline gear to 
target HMS within the EEZ is prohibited under the West Coast HMS FMP 
and that the CA pelagic longline fishery (on Table 1) does occur 
exclusively on the high seas. We have edited the footnote associated 
with this fishery. The preamble of the final 2009 LOF describes the 
relationship between the High Seas Pacific Highly Migratory Species 
Fisheries (Table 3) and West Coast HMS fisheries on Tables 1 and 2. The 
CA pelagic longline fishery has been included on the LOF since 2001. 
The high seas Pacific Highly Migratory Species longline fishery was 
added to the LOF in Table 3 in 2008 when all high seas fisheries were 
added to the LOF.
    As described in the preamble of the final 2009 LOF (73 FR 73032, 
December 1, 2008), the number of participants in the high seas 
fisheries, Table 3, is drawn from the National Permitting System 
database and does not necessarily reflect actual fishing activity. As 
shown on Table 1, there is one vessel actively engaged in longline 
fishing with a West Coast HMS permit. This vessel also has an HSFCA 
permit. A number of individuals hold West Coast HMS permits endorsed to 
longline (and HSFCA permits) but are not actively fishing with this 
gear type. In addition, a number of vessels fish with a HI pelagics FMP 
permit, but make landings in the U.S. West Coast, which requires a West 
Coast HMS FMP permit (see the HMS SAFE for more details). There are 
over 40 vessels with a HSFCA permit that hold both a HI pelagics HMS 
permit and a West Coast HMS permit, which allows them to fish with 
longline on the high seas (under the HI pelagics permit) and land into 
the U.S. West Coast (under the West Coast HMS permit).
    The number of HSFCA permits issued by NMFS changes frequently as 
new permits are added or renewed, or old permits expire, and does not 
necessarily reflect the effort or vessels in a fishery. NMFS has 
promulgated a regulation (80 FR 62488, October 16, 2015) to improve the 
administration and monitoring of the HSFCA, effective January 14, 2016, 
and requires vessel operators or owners identify the authorized fishery 
in which he or she intends to fish when applying for an HSFCA permit. 
There are eight fisheries authorized on the high seas, including the 
U.S. West Coast Fisheries for Highly Migratory Species, and this 
regulation should improve the accuracy of Table 3 in the LOF.
    Comment 16: The WCSPA recommends that NMFS maintain the Category 
III designation and separate fishery names for the WA/OR sardine purse 
seine fishery and the CA anchovy, mackerel, sardine purse seine 
fishery. WCSPA notes the WA/OR fishery is spatially separate from the 
CA fishery, and while the quotas that all three fisheries access are 
set by the Pacific Fishery Management Council under its Coastal Pelagic 
Species Fishery Management Plan, the day-to-day management of each 
fishery is different. Each state has its own effort restriction plan 
and landing limits. There are some signs of a northern sub-population 
of sardine which forms part of the WA/OR fishery. In the remote 
occurrence of a marine mammal take that would change the categorization 
of either the WA/OR or the CA fishery. WCSPA believes it would be 
unfair to penalize the other spatially separate component.
    Response: NMFS appreciates the information and withdraws this 
recommendation, and leaves the ``WA/OR purse seine'' and the ``CA 
anchovy, mackerel, sardine purse seine'' fisheries in place.

[[Page 20558]]

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

    Comment 17: The Commission and CBD/HSUS recommend that NMFS not 
remove stocks from the list of stocks and/or species incidentally 
killed or injured in the Category I ``Mid-Atlantic gillnet'' and 
Category II ``Mid-Atlantic mid-water trawl'' fisheries because the 
fisheries have very low observer coverage.
    Response: In general, NMFS lists species incidentally killed or 
injured in a particular fishery based on data observed from the last 
five years. The list contained in the LOF is not intended to serve as a 
historical overview of takes within a fishery as the data are available 
in individual species SARs as well as Appendix III. The agency does, 
however, maintain flexibility to analyze fisheries on a case-by-case 
basis in response to low observer coverage.
    Mid-Atlantic gillnet fisheries have been observed at the following 
percent coverage from 2009-2013: 3%, 4%, 2%, 2% and 3%, respectively. 
For this fishery, we recommended the removal of Risso's and white-sided 
dolphins from the list of species incidentally taken in this fishery. 
The last observed takes of Risso's and white-sided dolphins occurred in 
2007 and 1997 when observer coverage was 4% and 3%, respectively. While 
observer coverage averaged 2.8% over the last five years, Mid-Atlantic 
gillnet sampling levels are in the developing to mature stage (i.e., 
sampling 1-2% is recommended for pilot coverage, where coverage greater 
than 2% is considered developing to mature programs) according to the 
2004 NMFS Report on Evaluating Bycatch (http://www.nmfs.noaa.gov/by_catch/SPO_final_rev_12204.pdf) (NMFS, 2004). Therefore, current 
estimated observer coverage for this fishery is considered adequate for 
bycatch estimation purposes. More importantly, given what we know about 
the overlap between species distribution and fishing effort, there is 
low probability that the Mid-Atlantic gillnet fishery will interact 
with Risso's and white-sided dolphins, and if they do occur, that they 
are rare occurrences. Thus, NMFS removes these species from the list of 
species and/or stocks incidentally killed or injured in the Mid-
Atlantic gillnet fishery.
    For the Mid-Atlantic mid-water trawl fishery, we proposed to remove 
short-beaked common dolphin, long-finned pilot whale, and short-finned 
pilot whale from this fishery. The last documented takes of these 
species in the Mid-Atlantic mid-water trawl fishery were in 2007. New 
genetic information on pilot whales (Waring et al., 2015b) and their 
distribution has also determined that the distribution of short-finned 
pilot whales does not overlap with the Mid-Atlantic mid-water trawl 
fishery effort; and, therefore, takes in this fishery are highly 
unlikely and that previous pilot whale takes should be considered long-
finned pilot whales. During the period 2009-2013, analysis has shown 
that the percent observer sampling coverage for the Mid-Atlantic mid-
water trawl fishery is also adequate for understanding marine mammal 
bycatch in this fishery (NMFS, 2004). NMFS removes these species from 
the list of species and/or stocks incidentally killed or injured in the 
Mid-Atlantic mid-water trawl fishery.
    In the case of the Mid-Atlantic gillnet and Mid-Atlantic mid-water 
trawl fisheries, NMFS asserts observer coverage is adequate for 
determining if recent takes of certain species have occurred within 
these fisheries. The removal of these species from the list of species 
incidentally killed or injured from these respective fisheries does not 
impact the classification of the fisheries in question because other 
species taken are currently influencing the current classification. 
NMFS will continue to annually monitor bycatch of marine mammals in 
these fisheries and will make adjustments to Table 2 should incidental 
mortalities or injuries occur in the future.

Summary of Changes From the Proposed Rule

    NMFS retains the Category III fisheries, WA/OR sardine purse seine 
and CA anchovy, mackerel, sardine purse seine, as separate and does not 
merge and re-name the two fisheries ``CA/OR/WA anchovy, mackerel, 
sardine purse seine'' fishery, as proposed.
    NMFS adds bottlenose dolphin, CA/OR/WA offshore, and humpback 
whale, CA/OR/WA, to the list of species and/or stocks incidentally 
killed or injured in the Category III CA spiny lobster fishery.

Summary of Changes to the LOF for 2016

    The following summarizes the changes to the LOF for 2016, 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. In the LOF for 
2016, NMFS re-classifies three fisheries. Additionally, NMFS adds two 
fisheries to the LOF and removes six fisheries from the LOF. NMFS makes 
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. While 
detailed information describing each fishery in the LOF is included 
within the SARs, a Fishery Management Plan, or a TRP, or by state 
agencies, general descriptive information is important to include in 
the LOF for improved clarity; starting with the 2016 LOF, NMFS is 
releasing Category III fishery fact sheets as they are completed. The 
classifications and definitions of U.S. commercial fisheries for 2016 
are identical to those provided in the LOF for 2015 with the changes 
discussed below. State and regional abbreviations used in the following 
paragraphs include: AK (Alaska), BSAI (Bering Sea and Aleutian 
Islands), 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

Classification of Fisheries

    NMFS reclassifies the Category III Alaska Bering Sea/Aleutian 
Island Pacific Cod Longline Fishery as Category II.
    NMFS reclassifies the Category II Alaska Kodiak Salmon Purse Seine 
Fishery as Category III.
    NMFS reclassifies the Category II Alaska Cook Inlet Salmon Purse 
Seine Fishery as Category III.

Addition of Fisheries

    NMFS adds the CA sea cucumber trawl fishery to the LOF as Category 
III.
    NMFS adds the WA/OR Mainstem Columbia River eulachon gillnet 
fishery to the LOF as Category III.

Removal of Fisheries

    NMFS removes the Category III WA/OR herring, smelt, shad, sturgeon, 
bottom fish, mullet, perch, rockfish gillnet fishery from the LOF.
    NMFS removes the Category III WA/OR smelt, herring dip net fishery 
from the LOF.

Fishery Name and Organizational Changes and Clarification

    NMFS renames the Category III ``WA (all species) beach seine or 
drag seine'' as the ``WA/OR Lower Columbia River salmon seine'' 
fishery.
    NMFS divides out three fisheries from the Category III ``AK North 
Pacific

[[Page 20559]]

halibut, AK bottom fish, WA/OR/CA albacore, groundfish, bottom fish, CA 
halibut non-salmonid troll'' fishery and renames them as: ``WA/OR/CA 
albacore surface hook and line/troll'' fishery, ``CA halibut hook and 
line/handline'' fishery, and ``CA White seabass hook and line/
handline'' fishery and removes the remaining fisheries in the group.
    NMFS renames the Category III ``WA/OR salmon net pens'' fishery as 
the ``WA salmon net pen'' fishery.
    NMFS renames (by revising, separating, and combining) the Category 
III ``WA/OR sea urchin, other clam, octopus, oyster, sea cucumber, 
scallop, ghost shrimp, dive, hand/mechanical collection'' and ``CA sea 
urchin'' fisheries to become the ``WA/OR bait shrimp, clam hand, dive 
or mechanical collection'' and ``OR/CA sea urchin, sea cucumber dive, 
hand/mechanical collection'' fisheries.
    NMFS renames the Category III ``WA shellfish aquaculture'' fishery 
as the ``WA/OR shellfish aquaculture'' fishery.

Number of Vessels/Persons

    NMFS updates the estimated number of vessels/persons in the Pacific 
Ocean (Table 1) as follows:

 
----------------------------------------------------------------------------------------------------------------
                                                                       Number of  vessels/   Number of  vessels/
            Category                           Fishery                persons  (Final 2015  persons  (Final 2016
                                                                              LOF)                  LOF)
----------------------------------------------------------------------------------------------------------------
I..............................  HI deep-set longline...............                   128                   135
I..............................  CA thresher shark/swordfish drift                      19                    18
                                  gillnet (>=14 in mesh).
II.............................  CA spot prawn trap.................                    28                    25
II.............................  HI shallow-set longline............                    18                    15
II.............................  American Samoa longline............                    25                    22
II.............................  HI shortline.......................                     6                     9
III............................  CA set gillnet (mesh size <3.5 in).                   304                   296
III............................  HI inshore gillnet.................                    42                    36
III............................  WA/OR Lower Columbia River salmon                     235                    10
                                  seine.
III............................  HI lift net........................                    21                    17
III............................  HI throw net, cast net.............                    20                    23
III............................  HI seine net.......................                    21                    24
III............................  American Samoa tuna troll..........                     7                    13
III............................  HI troll...........................                 1,755                 2,117
III............................  HI rod and reel....................                   221                   322
III............................  HI kaka line.......................                    24                    15
III............................  HI vertical line...................                     6                     3
III............................  CA halibut bottom trawl............                    53                    47
III............................  CA/OR coonstripe shrimp pot........                    10                    36
III............................  CA rock crab pot...................                   150                   124
III............................  CA spiny lobster...................                   198                   194
III............................  HI crab trap.......................                     7                     5
III............................  HI fish trap.......................                     5                     9
III............................  HI shrimp trap.....................                     6                    10
III............................  HI Kona crab loop net..............                    35                    33
III............................  American Samoa bottomfish handline.                    14                    17
III............................  HI bottomfish handline.............                   578                   496
III............................  HI inshore handline................                   376                   357
III............................  HI pelagic handline................                   484                   534
III............................  CA swordfish harpoon...............                    30                     6
III............................  HI bullpen trap....................                    <3                     3
III............................  HI handpick........................                    58                    46
III............................  HI lobster diving..................                    23                    19
III............................  HI spearfishing....................                   159                   163
----------------------------------------------------------------------------------------------------------------

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

    NMFS adds the southwest Alaska stock of northern sea otters to the 
list of species and/or stocks killed or injured in the Category II 
Alaska Peninsula/Aleutian Islands salmon set gillnet fishery.
    NMFS adds the U.S. stock of California sea lions, unknown stock of 
harbor porpoise, unknown stock of harbor seals, California breeding 
stock of northern elephant seals, unknown stock of Steller sea lions to 
the species and/or stocks incidentally killed or injured by the 
Category III CA halibut bottom trawl fishery.
    NMFS adds bottlenose dolphin, CA/OR/WA offshore, and humpback 
whale, CA/OR/WA, to the list of species and/or stocks killed or injured 
in the Category III CA spiny lobster fishery.
    NMFS adds the Northwestern Hawaiian Islands stock of false killer 
whales to the list of species and/or stocks killed or injured in the 
Category I Hawaii deep-set longline fishery.
    NMFS removes the Palmyra Atoll stock of false killer whales from 
the list of species and/or stocks killed or injured in the Category I 
Hawaii deep-set longline fishery.
    NMFS adds notation ``\1\'' to indicate that the Main Hawaiian 
Islands (MHI) insular stock of false killer whales, along with the HI 
pelagic stock of false killer whales, is also driving the Hawaii deep-
set longline fishery's Category I classification.
    NMFS adds the Gulf of Alaska, BSAI transient stock of killer whales 
to the list of species and/or stocks killed or injured in the Category 
II Alaska BSAI Pacific cod longline fishery.
    NMFS removes notation ``\1\'' from the Central North Pacific stock 
of humpback whales under the Category III fisheries: Alaska Cook Inlet 
salmon purse seine and Alaska Kodiak salmon purse seine.

[[Page 20560]]

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

Fishery Name and Organizational Changes and Clarification

    NMFS renames and changes the geographic scope of the Category III 
``U.S. Mid-Atlantic offshore surf clam/quahog dredge'' fishery.

Number of Vessels/Persons

    NMFS updates the estimated number of vessels/persons in the 
Atlantic Ocean, Gulf of Mexico, and Caribbean (Table 2) as follows:

----------------------------------------------------------------------------------------------------------------
                                                                       Number of  vessels/   Number of  vessels/
            Category                           Fishery                persons  (Final 2015  persons  (Final 2016
                                                                              LOF)                  LOF)
----------------------------------------------------------------------------------------------------------------
I..............................  Mid-Atlantic gillnet...............                 5,509                 4,063
I..............................  Northeast sink gillnet.............                 4,375                 4,332
I..............................  Northeast/Mid-Atlantic American                    11,693                10,163
                                  lobster trap/pot.
II.............................  Chesapeake Bay inshore gillnet.....                 1,126                   272
II.............................  Northeast anchored float gillnet...                   421                   995
II.............................  Northeast drift gillnet............                   311                 1,567
II.............................  Mid-Atlantic mid-water trawl                          322                   507
                                  (including pair trawl).
II.............................  Mid-Atlantic bottom trawl..........                   631                   994
II.............................  Northeast mid-water trawl..........                 1,103                 1,087
II.............................  Northeast bottom trawl.............                 2,987                 3,132
II.............................  Atlantic mixed-species trap pot....                 3,467                 3,284
II.............................  Mid-Atlantic menhaden purse seine..                     5                    19
II.............................  Mid-Atlantic haul/beach seine......                   565                   243
II.............................  Virginia pound net.................                    67                    47
----------------------------------------------------------------------------------------------------------------

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

    NMFS adds the Gulf of Maine/Bay of Fundy stock of harbor porpoise 
and the Gulf of Mexico stock of pygmy sperm whale to the list of marine 
mammal species and/or stocks incidentally killed or injured in the 
Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 
longline fishery.
    NMFS adds the Western North Atlantic stock of Risso's dolphin to 
the list of marine mammal species and/or stocks incidentally killed or 
injured in the Category II Northeast bottom trawl fishery.
    NMFS adds the central Georgia estuarine system stock of bottlenose 
dolphin to the list of marine mammal species and/or stocks incidentally 
killed or injured in the Category II Atlantic blue crab trap/pot 
fishery.
    NMFS removes the Western North Atlantic stocks of Risso's dolphin 
and white-sided dolphin from the list of marine mammal species and/or 
stocks incidentally killed or injured in the Category I Mid-Atlantic 
gillnet fishery.
    NMFS removes the Western North Atlantic stocks of common dolphin, 
long-finned pilot whale, and short-finned pilot whale from the list of 
marine mammal species and/or stocks incidentally killed or injured in 
the Category II Mid-Atlantic mid-water trawl fishery.
    NMFS removes the Western North Atlantic stocks of white-sided 
dolphin, long-finned pilot whale, and short-finned pilot whale from the 
list of marine mammal species and/or stocks incidentally killed or 
injured in the Category II Mid-Atlantic bottom trawl fishery.
    NMFS removes the Western North Atlantic stocks of white-sided 
dolphin and short-finned pilot whale from the list of marine mammal 
species and/or stocks incidentally killed or injured in the Category II 
Northeast mid-water trawl fishery.
    NMFS removes the Western North Atlantic stock of short-finned pilot 
whale from the list of marine mammal species and/or stock incidentally 
killed or injured in the Category II Northeast bottom trawl fishery.

Commercial Fisheries on the High Seas

Removal of Fisheries

    NMFS removes the following Category II high seas fisheries from the 
List of Fisheries: (1) Western Pacific Pelagic Trawl, (2) Pacific 
Highly Migratory Species Liners, not elsewhere included (NEI), (3) 
South Pacific Albacore Troll Liners (NEI), and (4) Western Pacific 
Pelagic Liners (NEI).

Number of Vessels/Persons

    NMFS updates the estimated number of HSFCA permits (Table 3) as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                        Number of  HSFCA      Number of  HSFCA
            Category                           Fishery                permits  (Final 2015  permits  (Final 2016
                                                                              LOF)                  LOF)
----------------------------------------------------------------------------------------------------------------
I..............................  Atlantic Highly Migratory Species                      83                    86
                                  Longline.
I..............................  Western Pacific Pelagic (HI Deep-                     128                   135
                                  set component).
I..............................  Pacific Highly Migratory Species                        4                     5
                                  Drift Gillnet.
II.............................  South Pacific Tuna Fisheries Purse                     38                    39
                                  Seine.
II.............................  South Pacific Albacore Troll                           13                    15
                                  Longline.
II.............................  Western Pacific Pelagic (HI Shallow-                   18                    15
                                  set component).
II.............................  Atlantic Highly Migratory Species                       2                     3
                                  Handline/Pole and Line.
II.............................  Pacific Highly Migratory Species                       41                    50
                                  Handline/Pole and Line.
II.............................  South Pacific Albacore Troll                            8                     9
                                  Handline/Pole and Line.
II.............................  Western Pacific Pelagic Handline/                       3                     5
                                  Pole and Line.
II.............................  South Pacific Albacore Troll.......                    35                    38
II.............................  South Pacific Tuna Fisheries Troll.                     3                     5
II.............................  Western Pacific Pelagic Troll......                    19                    21
III............................  Pacific Highly Migratory Species                      100                   126
                                  Longline.

[[Page 20561]]

 
III............................  Pacific Highly Migratory Species                      253                   243
                                  Troll.
----------------------------------------------------------------------------------------------------------------

List of Fisheries

    The following tables set forth the list of U.S. commercial 
fisheries according to their classification under section 118 of the 
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean 
(including Alaska); Table 2 lists commercial fisheries in the Atlantic 
Ocean, Gulf of Mexico, and Caribbean; Table 3 lists commercial 
fisheries on the high seas; and Table 4 lists fisheries affected by 
TRPs or TRTs.
    In Tables 1 and 2, the estimated number of vessels or persons 
participating in fisheries operating within U.S. waters is expressed in 
terms of the number of active participants in the fishery, when 
possible. If this information is not available, the estimated number of 
vessels or persons licensed for a particular fishery is provided. If no 
recent information is available on the number of participants, vessels, 
or persons licensed in a fishery, then the number from the most recent 
LOF is used for the estimated number of vessels or persons in the 
fishery. NMFS acknowledges that, in some cases, these estimates may be 
inflations of actual effort. For example, the State of Hawaii does not 
issue fishery-specific licenses, and the number of participants 
reported in the LOF represents the number of commercial marine license 
holders who reported using a particular fishing gear type/method at 
least once in a given year, without considering how many times the gear 
was used. For these fisheries, effort by a single participant is 
counted the same whether the fisher used the gear only once or every 
day. In the Mid-Atlantic and New England fisheries, the numbers 
represent the potential effort for each fishery, given the multiple 
gear types for which several state permits may allow. Changes made to 
Mid-Atlantic and New England fishery participants will not affect 
observer coverage or bycatch estimates, as observer coverage and 
bycatch estimates are based on vessel trip reports and landings data. 
Tables 1 and 2 serve to provide a description of the fishery's 
potential effort (state and Federal). If NMFS is able to 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 2012. This list 
includes all species and/or stocks known to be killed or injured in a 
given fishery but also includes species and/or stocks for which there 
are anecdotal records of a mortality or injury. Additionally, species 
identified by logbook entries, stranding data, or fishermen self-
reports (i.e., 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 types, 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 exclusive economic zone (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 fisheries on either side of the 
EEZ boundary. NMFS has designated those fisheries in each table by a 
``*'' after the fishery's name.

  Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
                                                   Marine mammal species
                                 Estimated number      and/or stocks
      Fishery description          of vessels/      incidentally killed
                                     persons             or injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
LONGLINE/SET LINE FISHERIES:

[[Page 20562]]

 
    HI deep-set longline        135..............  Bottlenose dolphin,
     *[caret].                                      HI Pelagic.
                                                   False killer whale,
                                                    MHI Insular.\1\
                                                   False killer whale,
                                                    HI Pelagic.\1\
                                                   False killer whale,
                                                    NWHI.
                                                   Pantropical spotted
                                                    dolphin, HI.
                                                   Risso's dolphin, HI.
                                                   Short-finned pilot
                                                    whale, HI.
                                                   Sperm whale, HI.
                                                   Striped dolphin, HI.
GILLNET FISHERIES:
    CA thresher shark/          18...............  Bottlenose dolphin,
     swordfish drift gillnet                        CA/OR/WA offshore.
     (>=14 in mesh) *.
                                                   California sea lion,
                                                    U.S.
                                                   Humpback whale, CA/OR/
                                                    WA.
                                                   Long-beaked common
                                                    dolphin, CA.
                                                   Minke whale, CA/OR/
                                                    WA.
                                                   Northern elephant
                                                    seal, CA breeding.
                                                   Northern right-whale
                                                    dolphin, CA/OR/WA.
                                                   Pacific white-sided
                                                    dolphin, CA/OR/WA.
                                                   Risso's dolphin, CA/
                                                    OR/WA.
                                                   Short-beaked common
                                                    dolphin, CA/OR/WA.
                                                   Sperm Whale, CA/OR/
                                                    WA\1\
------------------------------------------------------------------------
                               CATEGORY II
------------------------------------------------------------------------
GILLNET FISHERIES:
    CA halibut/white seabass    50...............  California sea lion,
     and other species set                          U.S.
     gillnet.
    (>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,   30...............  California sea lion,
     and white seabass drift                        U.S.
     gillnet (mesh size >=3.5
     in and <14 in) \ 2\.
                                                   Long-beaked common
                                                    dolphin, CA.
                                                   Short-beaked common
                                                    dolphin, CA/OR/WA.
    AK Bristol Bay salmon       1,862............  Beluga whale, Bristol
     drift gillnet \2\.                             Bay.
                                                   Gray whale, Eastern
                                                    North Pacific.
                                                   Harbor seal, Bering
                                                    Sea.
                                                   Northern fur seal,
                                                    Eastern Pacific.
                                                   Pacific white-sided
                                                    dolphin, North
                                                    Pacific.
                                                   Spotted seal, AK.
                                                   Steller sea lion,
                                                    Western U.S.
    AK Bristol Bay salmon set   979..............  Beluga whale, Bristol
     gillnet \2\.                                   Bay.
                                                   Gray whale, Eastern
                                                    North Pacific.
                                                   Harbor seal, Bering
                                                    Sea.
                                                   Northern fur seal,
                                                    Eastern Pacific.
                                                   Spotted seal, AK.
    AK Kodiak salmon set        188..............  Harbor porpoise,
     gillnet.                                       GOA.\1\
                                                   Harbor seal, GOA.
                                                   Sea otter, Southwest
                                                    AK.
                                                   Steller sea lion,
                                                    Western U.S.
    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,
                                                    Southcentral 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       162..............  Dall's porpoise, AK.
     Islands salmon drift
     gillnet \2\.
                                                   Harbor porpoise, GOA.
                                                   Harbor seal, GOA.
                                                   Northern fur seal,
                                                    Eastern Pacific.

[[Page 20563]]

 
    AK Peninsula/Aleutian       113..............  Harbor porpoise,
     Islands salmon set                             Bering Sea.
     gillnet \2\.
                                                   Northern sea otter,
                                                    Southwest AK.
                                                   Steller sea lion,
                                                    Western U.S.
    AK Prince William Sound     537..............  Dall's porpoise, AK.
     salmon drift gillnet.
                                                   Harbor porpoise,
                                                    GOA.\1\
                                                   Harbor seal, GOA.
                                                   Northern fur seal,
                                                    Eastern Pacific.
                                                   Pacific white-sided
                                                    dolphin, North
                                                    Pacific.
                                                   Sea otter,
                                                    Southcentral 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       210..............  Dall's porpoise, CA/
     salmon drift gillnet                           OR/WA.
     (includes all inland
     waters south of US-Canada
     border and eastward of
     the Bonilla-Tatoosh line-
     Treaty Indian fishing is
     excluded).
                                                   Harbor porpoise,
                                                    inland WA.\1\
                                                   Harbor seal, WA
                                                    inland.
TRAWL FISHERIES:
    AK Bering Sea, Aleutian     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.........  25...............  Gray whale, Eastern
                                                    North Pacific.
                                                   Humpback whale, CA/OR/
                                                    WA.\1\
    CA Dungeness crab pot.....  570..............  Gray whale, Eastern
                                                    North Pacific.
                                                   Humpback whale, CA/OR/
                                                    WA.\1\
    OR Dungeness crab pot.....  433..............  Gray whale, Eastern
                                                    North Pacific.
                                                   Humpback whale, CA/OR/
                                                    WA.\1\
    WA/OR/CA sablefish pot....  309..............  Humpback whale, CA/OR/
                                                    WA.\1\
    WA coastal Dungeness crab   228..............  Gray whale, Eastern
     pot.                                           North Pacific.
                                                   Humpback whale, CA/OR/
                                                    WA.\1\
LONGLINE/SET LINE FISHERIES:
    AK Bering Sea, Aleutian     45...............  Dall's Porpoise, AK.
     Islands Pacific cod
     longline.
                                                   Killer whale, GOA,
                                                    BSAI transient.\1\
                                                   Northern fur seal,
                                                    Eastern Pacific.
                                                   Ringed seal, AK.
    HI shallow-set longline *   15...............  Blainville's beaked
     [caret].                                       whale, HI.
                                                   Bottlenose dolphin,
                                                    HI Pelagic.

[[Page 20564]]

 
                                                   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.
    American Samoa longline     22...............  Bottlenose dolphin,
     \2\.                                           unknown.
                                                   Cuvier's beaked
                                                    whale, unknown.
                                                   False killer whale,
                                                    American Samoa.
                                                   Rough-toothed
                                                    dolphin, American
                                                    Samoa.
                                                   Short-finned pilot
                                                    whale, unknown.
    HI shortline \2\..........  9................  None documented
------------------------------------------------------------------------
                              CATEGORY III
------------------------------------------------------------------------
GILLNET FISHERIES:
    AK Kuskokwim, Yukon,        1,778............  Harbor porpoise,
     Norton Sound, Kotzebue                         Bering Sea.
     salmon gillnet.
    AK miscellaneous finfish    54...............  Steller sea lion,
     set gillnet.                                   Western U.S.
    AK Prince William Sound     29...............  Harbor seal, GOA.
     salmon set gillnet.
                                                   Sea otter,
                                                    Southcentral AK.
                                                   Steller sea lion,
                                                    Western U.S.
    AK roe herring and food/    920..............  None documented.
     bait herring gillnet.
    CA set gillnet (mesh size   296..............  None documented.
     <3.5 in).
    HI inshore gillnet........  36...............  Bottlenose dolphin,
                                                    HI.
                                                   Spinner dolphin, HI.
    WA Grays Harbor salmon      24...............  Harbor seal, OR/WA
     drift gillnet (excluding                       coast.
     treaty Tribal fishing).
    WA/OR Mainstem Columbia     15...............  None documented.
     River eulchon gillnet.
    WA/OR lower Columbia River  110..............  California sea lion,
     (includes tributaries)                         U.S.
     drift gillnet.
                                                   Harbor seal, OR/WA
                                                    coast.
    WA Willapa Bay drift        82...............  Harbor seal, OR/WA
     gillnet.                                       coast.
                                                   Northern elephant
                                                    seal, CA breeding.
MISCELLANEOUS NET FISHERIES:
    AK Cook Inlet salmon purse  83...............  Humpback whale,
     seine.                                         Central North
                                                    Pacific.
    AK Kodiak salmon purse      376..............  Humpback whale,
     seine.                                         Central North
                                                    Pacific.
    AK Southeast salmon purse   315..............  None documented in
     seine.                                         the most recent five
                                                    years of data.
    AK Metlakatla salmon purse  10...............  None documented.
     seine.
    AK miscellaneous finfish    2................  None documented.
     beach seine.
    AK miscellaneous finfish    2................  None documented.
     purse seine.
    AK octopus/squid purse      0................  None documented.
     seine.
    AK roe herring and food/    10...............  None documented.
     bait herring beach seine.
    AK roe herring and food/    356..............  None documented.
     bait herring purse seine.
    AK salmon beach seine.....  31...............  None documented.
    AK salmon purse seine       936..............  Harbor seal, GOA.
     (excluding salmon purse
     seine fisheries listed
     elsewhere).
                                                   Harbor seal, Prince
                                                    William Sound.
    WA/OR sardine purse seine.  42...............  None documented.
    CA anchovy, mackerel,       65...............  California sea lion,
     sardine purse seine.                           U.S.
                                                   Harbor seal, CA.
    CA squid purse seine......  80...............  Long-beaked common
                                                    dolphin, CA Short-
                                                    beaked common
                                                    dolphin, CA/OR/WA.
    CA tuna purse seine *.....  10...............  None documented.
    WA/OR Lower Columbia River  10...............  None documented.
     salmon seine.
    WA/OR herring, smelt,       130..............  None documented.
     squid purse seine or
     lampara.
    WA salmon purse seine.....  75...............  None documented.
    WA salmon reef net........  11...............  None documented.
    HI lift net...............  17...............  None documented.
    HI inshore purse seine....  <3...............  None documented.
    HI throw net, cast net....  23...............  None documented.
    HI seine net..............  24...............  None documented.
DIP NET FISHERIES:
    CA squid dip net..........  115..............  None documented.
MARINE AQUACULTURE FISHERIES:
    CA marine shellfish         unknown..........  None documented.
     aquaculture.
    CA salmon enhancement       >1...............  None documented.
     rearing pen.
    CA white seabass            13...............  California sea lion,
     enhancement net pens.                          U.S.
    HI offshore pen culture...  2................  None documented.

[[Page 20565]]

 
    WA salmon net pen.........  14...............  California sea lion,
                                                    U.S.
                                                   Harbor seal, WA
                                                    inland waters.
    WA/OR shellfish             23...............  None documented.
     aquaculture.
TROLL FISHERIES:
    WA/OR/CA albacore surface   705..............  None documented.
     hook and line/troll.
    CA halibut hook and line/   unknown..........  None documented.
     handline.
    CA white seabass hook and   unknown..........  None documented.
     line/handline.
    AK salmon troll...........  1,908............  Steller sea lion,
                                                    Eastern U.S.
                                                   Steller sea lion,
                                                    Western U.S.
    American Samoa tuna troll.  13...............  None documented.
    CA/OR/WA salmon troll.....  4,300............  None documented.
    HI troll..................  2,117............  Pantropical spotted
                                                    dolphin, HI.
    HI rod and reel...........  322..............  None documented.
    Commonwealth of the         40...............  None documented.
     Northern Mariana Islands
     tuna troll.
    Guam tuna troll...........  432..............  None documented.
LONGLINE/SET LINE FISHERIES:
    AK Bering Sea, Aleutian     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   92...............  Steller sea lion,
     cod longline.                                  Western U.S.
    AK Gulf of Alaska rockfish  25...............  None documented.
     longline.
    AK Gulf of Alaska           295..............  Sperm whale, North
     sablefish longline.                            Pacific.
    AK halibut longline/set     2,197............  None documented in
     line (state and Federal                        the most recent five
     waters).                                       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                        CA/OR/WA offshore.
     line.
    WA/OR Pacific halibut       350..............  None documented.
     longline.
    CA pelagic longline.......  1................  None documented in
                                                    the most recent five
                                                    years of data.
    HI kaka line..............  15...............  None documented.
    HI vertical line..........  3................  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   55...............  Steller sea lion,
     cod 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    282..............  None documented.
     otter/beam trawl.
    AK shrimp otter trawl and   38...............  None documented.
     beam trawl (statewide and
     Cook Inlet).
    AK state-managed waters of  2................  None documented.
     Cook Inlet, Kachemak Bay,
     Prince William Sound,
     Southeast AK groundfish
     trawl.
    CA halibut bottom trawl...  47...............  California sea lion,
                                                    U.S.
                                                   Harbor porpoise,
                                                    unknown.
                                                   Harbor seal, unknown.
                                                   Northern elephant
                                                    seal, CA breeding.
                                                   Steller sea lion,
                                                    unknown.
    CA sea cucumber trawl.....  16...............  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         4................  None documented.
     sablefish pot.
    AK Bering Sea, Aleutian     59...............  None documented.
     Islands Pacific cod pot.
    AK Bering Sea, Aleutian     540..............  Gray whale, Eastern
     Islands crab pot.                              North Pacific.
    AK Bering Sea sablefish     2................  None documented.
     pot.

[[Page 20566]]

 
    AK Gulf of Alaska crab pot  381..............  None documented.
    AK Gulf of Alaska Pacific   128..............  Harbor seal, GOA.
     cod pot.
    AK Southeast Alaska crab    41...............  Humpback whale,
     pot.                                           Central North
                                                    Pacific (Southeast
                                                    AK).
    AK Southeast Alaska shrimp  269..............  Humpback whale,
     pot.                                           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     36...............  Gray whale, Eastern
     pot.                                           North Pacific.
                                                   Harbor seal, CA.
    CA rock crab pot..........  124..............  Gray whale, Eastern
                                                    North Pacific.
                                                   Harbor seal, CA.
    CA spiny lobster..........  194..............  Bottlenose dolphin,
                                                    CA/OR/WA offshore.
                                                   Humpback whale, CA/OR/
                                                    WA.
                                                   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    249..............  None documented.
     crab pot/trap.
    HI crab trap..............  5................  Humpback whale,
                                                    Central North
                                                    Pacific.
    HI fish trap..............  9................  None documented.
    HI lobster trap...........  <3...............  None documented in
                                                    recent years.
    HI shrimp trap............  10...............  None documented.
    HI crab net...............  4................  None documented.
    HI Kona crab loop net.....  33...............  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.  17...............  None documented.
    Commonwealth of the         28...............  None documented.
     Northern Mariana Islands
     bottomfish.
    Guam bottomfish...........  >300.............  None documented.
    HI aku boat, pole, and      <3...............  None documented.
     line.
    HI bottomfish handline....  578..............  None documented in
                                                    recent years.
    HI inshore handline.......  357..............  None documented.
    HI pelagic handline.......  534..............  None documented.
    WA groundfish, bottomfish   679..............  None documented.
     jig.
    Western Pacific squid jig.  0................  None documented.
HARPOON FISHERIES:
    CA swordfish harpoon......  6................  None documented.
POUND NET/WEIR FISHERIES:
    AK herring spawn on kelp    409..............  None documented.
     pound net.
    AK Southeast herring roe/   2................  None documented.
     food/bait pound net.
    HI bullpen trap...........  3................  None documented.
BAIT PENS:
    WA/OR/CA bait pens........  13...............  California sea lion,
                                                    U.S.
DREDGE FISHERIES:
    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.
    HI black coral diving.....  <3...............  None documented.
    HI fish pond..............  5................  None documented.
    HI handpick...............  46...............  None documented.
    HI lobster diving.........  19...............  None documented.
    HI spearfishing...........  163..............  None documented.
    WA/CA kelp................  4................  None documented.
    WA/OR bait shrimp, clam     201..............  None documented.
     hand, dive, or mechanical
     collection.
    OR/CA sea urchin, sea       10...............  None documented.
     cucumber hand, dive, or
     mechanical collection.
COMMERCIAL PASSENGER FISHING
 VESSEL (CHARTER BOAT)
 FISHERIES:
    AK/WA/OR/CA commercial      >7,000 (2,702 AK)  Killer whale,
     passenger fishing vessel.                      unknown.
                                                   Steller sea lion,
                                                    Eastern U.S.

[[Page 20567]]

 
                                                   Steller sea lion,
                                                    Western U.S.
LIVE FINFISH/SHELLFISH
 FISHERIES:
    CA nearshore finfish live   93...............  None documented.
     trap/hook-and-line.
    HI aquarium collecting....  90...............  None documented.
------------------------------------------------------------------------
List of Abbreviations and Symbols Used in Table 1: AI--Aleutian Islands;
  AK--Alaska; BS--Bering Sea; CA--California; ENP--Eastern North
  Pacific; GOA--Gulf of Alaska; HI--Hawaii; MHI--Main Hawaiian Islands;
  OR--Oregon; WA--Washington;
\1\ Fishery classified based on mortalities and serious injuries of this
  stock, which are greater than or equal to 50 percent (Category I) or
  greater than 1 percent and less than 50 percent (Category II) of the
  stock's PBR;
\2\ Fishery classified by analogy;* Fishery has an associated high seas
  component listed in Table 3; [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 that have geographic
  ranges exclusively on the high seas. The species and/or stocks are
  found, and the fishery remains the same, on both sides of the EEZ
  boundary. Therefore, the EEZ components of these fisheries pose the
  same risk to marine mammals as the components operating on the high
  seas.


 Table 2--List of Fisheries--Commercial Fisheries in the Atlantic Ocean,
                      Gulf of Mexico, and Caribbean
------------------------------------------------------------------------
                                                   Marine mammal species
                                 Estimated number      and/or stocks
      Fishery description          of vessels/      incidentally killed
                                     persons             or injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
GILLNET FISHERIES:
    Mid-Atlantic gillnet......  4,063............  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....  4,332............  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      10,163...........  Harbor seal, WNA.
     American lobster trap/pot.
                                                   Humpback whale, Gulf
                                                    of Maine.
                                                   Minke whale, Canadian
                                                    east coast.
                                                   North Atlantic right
                                                    whale, WNA.\1\
LONGLINE FISHERIES:
    Atlantic Ocean, Caribbean,  420..............  Atlantic spotted
     Gulf of Mexico large                           dolphin, GMX
     pelagics longline*.                            continental and
                                                    oceanic.
                                                   Atlantic spotted
                                                    dolphin, WNA.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    oceanic.
                                                   Bottlenose dolphin,
                                                    WNA offshore.
                                                   Common dolphin, WNA.
                                                   Cuvier's beaked
                                                    whale, WNA.
                                                   False killer whale,
                                                    WNA.
                                                   Gervais beaked whale,
                                                    GMX.
                                                   Harbor porpoise, GME,
                                                    BF.
                                                   Killer whale, GMX
                                                    oceanic.

[[Page 20568]]

 
                                                   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.
                                                   Pygmy sperm whale,
                                                    GMX.
                                                   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      272..............  None documented in
     gillnet \2\.                                   the most recent five
                                                    years of data.
    Gulf of Mexico gillnet \2\  724..............  Bottlenose dolphin,
                                                    GMX bay, sound, and
                                                    estuarine.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    coastal.
                                                   Bottlenose dolphin,
                                                    Western GMX coastal.
    NC inshore gillnet........  1,323............  Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.\1\
                                                   Bottlenose dolphin,
                                                    Southern NC
                                                    estuarine system.\1\
    Northeast anchored float    995..............  Harbor seal, WNA.
     gillnet \2\.
                                                   Humpback whale, Gulf
                                                    of Maine.
                                                   White-sided dolphin,
                                                    WNA.
    Northeast drift gillnet     1,567............  None documented.
     \2\.
    Southeast Atlantic gillnet  357..............  Bottlenose dolphin,
     \2\.                                           Central FL coastal.
                                                   Bottlenose dolphin,
                                                    Northern FL coastal.
                                                   Bottlenose dolphin,
                                                    SC/GA coastal.
                                                   Bottlenose dolphin,
                                                    Southern migratory
                                                    coastal.
    Southeastern U.S. Atlantic  30...............  Bottlenose dolphin,
     shark gillnet.                                 unknown (Central FL,
                                                    Northern FL, SC/GA
                                                    coastal, or Southern
                                                    migratory coastal).
                                                   North Atlantic right
                                                    whale, WNA.
TRAWL FISHERIES:
    Mid-Atlantic mid-water      507..............  Risso's dolphin, WNA.
     trawl (including pair
     trawl).
                                                   White-sided dolphin,
                                                    WNA.\1\
    Mid-Atlantic bottom trawl.  994..............  Bottlenose dolphin,
                                                    WNA offshore.
                                                   Common dolphin,
                                                    WNA.\1\
                                                   Gray seal, WNA.
                                                   Harbor seal, WNA.
                                                   Risso's dolphin,
                                                    WNA.\1\
    Northeast mid-water trawl   1,087............  Gray seal, WNA.
     (including pair trawl).
                                                   Harbor seal, WNA.
                                                   Long-finned pilot
                                                    whale, WNA.\1\
                                                   Common dolphin, WNA.
    Northeast bottom trawl....  3,132............  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.
                                                   Risso's dolphin, WNA.
                                                   White-sided dolphin,
                                                    WNA.\1\
    Southeastern U.S.           4,950............  Atlantic spotted
     Atlantic, Gulf of Mexico                       dolphin, GMX
     shrimp trawl.                                  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.           1,282............  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                       Biscayne Bay
     stone crab trap/pot \2\.                       estuarine.

[[Page 20569]]

 
                                                   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      3,284............  Fin whale, WNA.
     trap/pot \2\.
                                                   Humpback whale, Gulf
                                                    of Maine.
    Atlantic blue crab trap/    8,557............  Bottlenose dolphin,
     pot.                                           Central FL
                                                    coastal.\1\
                                                   Bottlenose dolphin,
                                                    Central GA estuarine
                                                    system.
                                                   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     40-42............  Bottlenose dolphin,
     purse seine.                                   GMX bay, sound,
                                                    estuarine.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    coastal.\1\
                                                   Bottlenose dolphin,
                                                    Western GMX
                                                    coastal.\1\
    Mid-Atlantic menhaden       19...............  Bottlenose dolphin,
     purse seine\2\.                                Northern Migratory
                                                    coastal.
                                                   Bottlenose dolphin,
                                                    Southern Migratory
                                                    coastal.
HAUL/BEACH SEINE FISHERIES:
    Mid-Atlantic haul/beach     243..............  Bottlenose dolphin,
     seine.                                         Northern Migratory
                                                    coastal.\1\
                                                   Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.\1\
                                                   Bottlenose dolphin,
                                                    Southern Migratory
                                                    coastal.\1\
    NC long haul seine........  372..............  Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.\1\
                                                   Bottlenose dolphin,
                                                    Southern NC
                                                    estuarine system.
STOP NET FISHERIES:
    NC roe mullet stop net....  13...............  Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    unknown (Southern
                                                    migratory coastal or
                                                    Southern NC
                                                    estuarine system).
POUND NET FISHERIES:
    VA pound net..............  47...............  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 five
                                                    years of data.
    DE River inshore gillnet..  Unknown..........  None documented in
                                                    the most recent five
                                                    years of data.
    Long Island Sound inshore   Unknown..........  None documented in
     gillnet.                                       the most recent five
                                                    years of data.
    RI, southern MA (to         Unknown..........  None documented in
     Monomoy Island), and NY                        the most recent five
     Bight (Raritan and Lower                       years of data.
     NY Bays) inshore gillnet.
    Southeast Atlantic inshore  Unknown..........  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        20...............  None documented.
     species trawl.
    GA cannonball jellyfish     1................  Bottlenose dolphin,
     trawl.                                         SC/GA coastal.
MARINE AQUACULTURE FISHERIES:
    Finfish aquaculture.......  48...............  Harbor seal, WNA.
    Shellfish aquaculture.....  unknown..........  None documented.
PURSE SEINE FISHERIES:
    Gulf of Maine Atlantic      >7...............  Harbor seal, WNA.
     herring purse seine.
                                                   Gray seal, WNA.

[[Page 20570]]

 
    Gulf of Maine menhaden      >2...............  None documented.
     purse seine.
    FL West Coast sardine       10...............  Bottlenose dolphin,
     purse seine.                                   Eastern GMX coastal.
    U.S. Atlantic tuna purse    5................  Long-finned pilot
     seine *.                                       whale, WNA.
                                                   Short-finned pilot
                                                    whale, WNA.
LONGLINE/HOOK-AND-LINE
 FISHERIES:
    Northeast/Mid-Atlantic      >1,207...........  None documented.
     bottom longline/hook-and-
     line.
    Gulf of Maine, U.S. Mid-    428..............  Bottlenose dolphin,
     Atlantic tuna, shark                           WNA offshore.
     swordfish hook-and-line/
     harpoon.
                                                   Humpback whale, Gulf
                                                    of Maine.
    Southeastern U.S.           >5,000...........  Bottlenose dolphin,
     Atlantic, Gulf of Mexico,                      GMX continental
     and Caribbean snapper-                         shelf.
     grouper and other reef
     fish bottom longline/hook-
     and-line.
    Southeastern U.S.           <125.............  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                       Eastern GMX coastal.
     shark bottom longline/
     hook-and-line.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    continental shelf.
    Southeastern U.S.           1,446............  None documented.
     Atlantic, Gulf of Mexico,
     and Caribbean pelagic
     hook-and-line/harpoon.
    U.S. Atlantic, Gulf of      Unknown..........  None documented.
     Mexico trotline.
TRAP/POT FISHERIES
    Caribbean mixed species     >501.............  None documented.
     trap/pot.
    Caribbean spiny lobster     >197.............  None documented.
     trap/pot.
    FL spiny lobster trap/pot.  1,268............  Bottlenose dolphin,
                                                    Biscayne Bay
                                                    estuarine.
                                                   Bottlenose dolphin,
                                                    Central FL coastal.
                                                   Bottlenose dolphin,
                                                    Eastern GMX coastal.
                                                   Bottlenose dolphin,
                                                    FL Bay estuarine.
    Gulf of Mexico blue crab    4,113............  Bottlenose dolphin,
     trap/pot.                                      Eastern GMX coastal.
                                                   Bottlenose dolphin,
                                                    GMX bay, sound,
                                                    estuarine.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    coastal.
                                                   Bottlenose dolphin,
                                                    Western GMX coastal.
                                                   West Indian manatee,
                                                    FL.
    Gulf of Mexico mixed        unknown..........  None documented.
     species trap/pot.
    Southeastern U.S.           10...............  None documented.
     Atlantic, Gulf of Mexico
     golden crab trap/pot.
    U.S. Mid-Atlantic eel trap/ Unknown..........  None documented.
     pot.
STOP SEINE/WEIR/POUND NET/
 FLOATING TRAP FISHERIES:
    Gulf of Maine herring and   >1...............  Harbor porpoise, GME/
     Atlantic mackerel stop                         BF.
     seine/weir.
                                                   Harbor seal, WNA.
                                                   Minke whale, Canadian
                                                    east coast.
                                                   Atlantic white-sided
                                                    dolphin, WNA.
    U.S. Mid-Atlantic crab      2,600............  None documented.
     stop seine/weir.
    U.S. Mid-Atlantic mixed     Unknown..........  Bottlenose dolphin,
     species stop seine/weir/                       Northern NC
     pound net (except the NC                       estuarine system.
     roe mullet stop net).
    RI floating trap..........  9................  None documented.
DREDGE FISHERIES:
    Gulf of Maine sea urchin    Unknown..........  None documented.
     dredge.
    Gulf of Maine mussel        Unknown..........  None documented.
     dredge.
    Gulf of Maine, U.S. Mid-    >403.............  None documented.
     Atlantic sea scallop
     dredge.
    Mid-Atlantic blue crab      Unknown..........  None documented.
     dredge.
    Mid-Atlantic soft-shell     Unknown..........  None documented.
     clam dredge.
    Mid-Atlantic whelk dredge.  Unknown..........  None documented.
    U.S. Mid-Atlantic/Gulf of   7,000............  None documented.
     Mexico oyster dredge.
    New England and Mid-        Unknown..........  None documented.
     Atlantic offshore surf
     clam/quahog dredge.
HAUL/BEACH SEINE FISHERIES:
    Caribbean haul/beach seine  15...............  None documented in
                                                    the most recent five
                                                    years of data.
    Gulf of Mexico haul/beach   unknown..........  None documented.
     seine.
    Southeastern U.S. Atlantic  25...............  None documented.
     haul/beach seine.
DIVE, HAND/MECHANICAL
 COLLECTION FISHERIES:
    Atlantic Ocean, Gulf of     20,000...........  None documented.
     Mexico, Caribbean
     shellfish dive, hand/
     mechanical collection.
    Gulf of Maine urchin dive,  Unknown..........  None documented.
     hand/mechanical
     collection.
    Gulf of Mexico, Southeast   Unknown..........  None documented.
     Atlantic, Mid-Atlantic,
     and Caribbean cast net.
COMMERCIAL PASSENGER FISHING
 VESSEL (CHARTER BOAT)
 FISHERIES:

[[Page 20571]]

 
    Atlantic Ocean, Gulf of     4,000............  Bottlenose dolphin,
     Mexico, Caribbean                              Biscayne Bay
     commercial passenger                           estuarine.
     fishing vessel.
                                                   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.
                                                   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; NY--New York; RI--Rhode
  Island; SC--South Carolina; VA--Virginia; WNA--Western North Atlantic;
\1\ Fishery classified based on mortalities and serious injuries of this
  stock, which are greater than or equal to 50 percent (Category I) or
  greater than 1 percent and less than 50 percent (Category II) of the
  stock's PBR;
\2\ Fishery classified by analogy; * Fishery has an associated high seas
  component listed in Table 3.


    Table 3--List of Fisheries--Commercial Fisheries on the High Seas
------------------------------------------------------------------------
                                                   Marine mammal species
                                 Number of HSFCA       and/or stocks
      Fishery description            permits        incidentally killed
                                                         or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
LONGLINE FISHERIES:
    Atlantic Highly Migratory   86...............  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     135..............  Bottlenose dolphin,
     (HI Deep-set component) *                      HI Pelagic.
     [caret].
                                                   False killer whale,
                                                    HI Pelagic.
                                                   Pantropical spotted
                                                    dolphin, HI.
                                                   Risso's dolphin, HI.
                                                   Short-finned pilot
                                                    whale, HI.
                                                   Sperm whale, HI.
                                                   Striped dolphin, HI.
DRIFT GILLNET FISHERIES:
    Pacific Highly Migratory    5................  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.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
DRIFT GILLNET FISHERIES:
    Atlantic Highly Migratory   1................  Undetermined.
     Species.

[[Page 20572]]

 
TRAWL FISHERIES:
    Atlantic Highly Migratory   1................  Undetermined.
     Species **.
    CCAMLR....................  0................  Antarctic fur seal.
PURSE SEINE FISHERIES:
    South Pacific Tuna          39...............  Undetermined.
     Fisheries.
    Western Pacific Pelagic...  3................  Undetermined.
LONGLINE FISHERIES:
    CCAMLR....................  0................  None documented.
    South Pacific Albacore      15...............  Undetermined.
     Troll.
    South Pacific Tuna          8................  Undetermined.
     Fisheries **.
    Western Pacific Pelagic     15...............  Blainville's beaked
     (HI Shallow-set                                whale, HI.
     component) * [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   3................  Undetermined.
     Species.
    Pacific Highly Migratory    50...............  Undetermined.
     Species.
    South Pacific Albacore      9................  Undetermined.
     Troll.
    Western Pacific Pelagic...  5................  Undetermined.
TROLL FISHERIES:
    Atlantic Highly Migratory   2................  Undetermined.
     Species.
    South Pacific Albacore      38...............  Undetermined.
     Troll.
    South Pacific Tuna          5................  Undetermined.
     Fisheries **.
    Western Pacific Pelagic...  21...............  Undetermined.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
LONGLINE FISHERIES:
    Northwest Atlantic Bottom   1................  None documented.
     Longline.
    Pacific Highly Migratory    126..............  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    243..............  None documented.
     Species *.
------------------------------------------------------------------------
List of Terms, Abbreviations, and Symbols Used in Table 3:
CA--California; GMX- Gulf of Mexico; HI--Hawaii; OR--Oregon; WA--
  Washington; WNA--Western North Atlantic.
* Fishery is an extension/component of an existing fishery operating
  within U.S. waters listed in Table 1 or 2. The number of permits
  listed in Table 3 represents only the number of permits for the high
  seas component of the fishery.
** 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 *

[[Page 20573]]

 
                                         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.
                                         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) at the proposed rule stage that this rule would 
not have a significant economic impact on a substantial number of small 
entities. No comments were received on that certification, and no new 
information has been discovered to change that conclusion. Accordingly, 
no regulatory flexibility analysis is required, and none has been 
prepared.
    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act. The collection of information for the 
registration of individuals under the MMPA has been approved by the 
Office of Management and Budget (OMB) under OMB control number 0648-
0293 (0.15 hours per report for new registrants and 0.09 hours per 
report for renewals). The requirement for reporting marine mammal 
mortalities or injuries has been approved by OMB under OMB control 
number 0648-0292 (0.15 hours per report). These estimates include the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding these reporting 
burden estimates or any other aspect of the collections of information, 
including suggestions for reducing burden, to NMFS and OMB (see 
ADDRESSES and SUPPLEMENTARY INFORMATION).
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB control number.
    This rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    An environmental assessment (EA) was prepared under the National 
Environmental Policy Act (NEPA) 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. This rule would not change NMFS's 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 FONSI, 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 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

[[Page 20574]]

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 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 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. 2015. Alaska Marine 
Mammal Stock Assessments, 2014. NOAA Tech. Memo. NMFS-AFSC-301. 270 
p.
    Boggs, C.H., D.P. Gonzales, and R.M. Kokubun. 2015. Marine 
mammals reported under catch lost to predators on fishermen's 
commercial catch reports to the State of Hawaii, 2003-2014. NMFS 
Pacific Islands Fisheries Science Center Data Report DR-15-006. 14 
p.
    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. 
2015. U.S. Pacific Marine Mammal Stock Assessments: 2014. NOAA 
Technical Memorandum NOAA-TM-NMFS-SWFSC-549. 78 p.
    Hatfield, B.B., J.A. Ames, J.A. Estes, M.T. Tinker, A.B. 
Johnson, M.M. Staedler, and M.D. Harris. 2011. Sea otter mortality 
in fish and shellfish traps: estimating potential impacts and 
exploring possible solutions. Endangered Species Research 13:219-
229.
    McCracken, M.L. 2010. Adjustments to false killer whale and 
short-finned pilot whale bycatch estimates. NMFS Pacific Islands 
Fisheries Science Center Working Paper WP-10-007. 23 p.
    McCracken, M.L. 2014. Assessment of Incidental Interactions with 
Marine Mammals in the Hawaii Deep and Shallow Set Fisheries from 
2008 through 2012. NMFS Pacific Islands Fisheries Science Center, 
PIFSC Internal Report IR-14-006. 1 p. + Excel spreadsheet.
    NMFS (National Marine Fisheries Service). 2004. Evaluating 
bycatch: a national approach to standardized bycatch monitoring 
programs. U.S. Dep. Commer., NOAA Tech. Memo. NMFSF/SPO-66, 108 p. 
On-line version, http://spo.nmfs.noaa.gov/tm.
    Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, 
editors. 2015a. U.S. Atlantic and Gulf of Mexico Marine Mammal 
Stocks Assessments, 2014. NOAA Technical Memorandum NOAA-NE-231. 355 
p.
    Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, 
editors. 2015b. Draft U.S. Atlantic and Gulf of Mexico Marine Mammal 
Stocks Assessments, 2015. NOAA Technical Memorandum NOAA-NE-xxx. 524 
p. Available at: http://www.nmfs.noaa.gov/pr/sars/pdf/atl2015_draft.pdf.

    Dated: April 5, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-08114 Filed 4-7-16; 8:45 am]
 BILLING CODE 3510-22-P