List of Fisheries for 2017, 3655-3676 [2017-00250]

Download as PDF mstockstill on DSK3G9T082PROD with RULES Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations § 8(a) Reporting for Nanoscale Materials: Information Submission Form. (2) Electronic submission. You must submit the required information to EPA electronically via CDX and using the CISS tool. (i) To access the CDX portal, go to https://cdx.epa.gov. (ii) The CISS tool is accessible in CDX. (f) When to report. (1) Persons specified in paragraph (b)(1) of this section must report the information specified in paragraph (d) of this section within one year after the final effective date of the rule. (2) Persons specified in paragraph (b)(2) of this section must report the information specified in paragraph (d) of this section at least 135 days before commencing manufacture or processing of a discrete form of the reportable chemical substance, except where the person has not formed an intent to manufacture or process that discrete form at least 135 days before commencing such manufacture or processing, in which case the information must be filed within 30 days of the formation of such an intent. (g) Recordkeeping. Any person subject to the reporting requirements of this section is subject to the recordkeeping requirements in § 704.11(a) and (b). (h) Confidential business information. (1) Persons submitting a notice under this rule are subject to the requirements for confidential business information claims in § 704.7(a) through (c). (2) In submitting a claim of confidentiality, a person attests to the truth of the following four statements concerning all information which is claimed confidential: (i) My company has taken measures to protect the confidentiality of the information, (ii) I have determined that the information is not required to be disclosed or otherwise made available to the public under any other Federal law. (iii) I have a reasonable basis to conclude that disclosure of the information is likely to cause substantial harm to the competitive position of the person. (iv) I have a reasonable basis to believe that the information is not readily discoverable through reverse engineering. [FR Doc. 2017–00052 Filed 1–11–17; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 160219129–6999–02] RIN 0648–BF78 List of Fisheries for 2017 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 2017, as required by the Marine Mammal Protection Act (MMPA). The LOF for 2017 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. DATES: The effective date of this final rule is February 13, 2017. ADDRESSES: Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. SUMMARY: Lisa White, Office of Protected Resources, 301–427–8494; Allison Rosner, Greater Atlantic Region, 978–281–9328; Jessica Powell, Southeast Region, 727–824– 5312; Penny Ruvelas, West Coast Region (CA), 562–980–4197; Lynne Barre, West Coast Region (WA/OR), 206–526–4745; Suzie Teerlink, Alaska Region, 907– 586–7240; 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: FOR FURTHER INFORMATION CONTACT: 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 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 3655 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. E:\FR\FM\12JAR1.SGM 12JAR1 3656 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations mstockstill on DSK3G9T082PROD with RULES 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 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 VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 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 2017 LOF generally summarizes data from 2009– 2013. 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 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 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 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 E:\FR\FM\12JAR1.SGM 12JAR1 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations mstockstill on DSK3G9T082PROD with RULES Caribbean; and Table 3 lists all U.S.authorized commercial fisheries on the high seas. A fourth table, Table 4, lists all commercial fisheries managed under applicable TRPs or take reduction teams (TRTs). Are high seas fisheries included on the LOF? Beginning with the 2009 LOF, NMFS includes high seas fisheries in Table 3 of the LOF, along with the number of valid High Seas Fishing Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues HSFCA permits only for high seas fisheries analyzed in accordance with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The authorized high seas fisheries are broad in scope and encompass multiple specific fisheries identified by gear type. For the purposes of the LOF, the high seas fisheries are subdivided based on gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to provide more detail on composition of effort within these fisheries. Many fisheries operate in both U.S. waters and on the high seas, creating some overlap between the fisheries listed in Tables 1 and 2 and those in Table 3. In these cases, the high seas component of the fishery is not considered a separate fishery, but an extension of a fishery operating within U.S. waters (listed in Table 1 or 2). NMFS designates those fisheries in Tables 1, 2, and 3 by a ‘‘*’’ after the fishery’s name. The number of HSFCA permits listed in Table 3 for the high seas components of these fisheries operating in U.S. waters does not necessarily represent additional effort that is not accounted for in Tables 1 and 2. Many vessels/participants holding HSFCA permits also fish within U.S. waters and are included in the number of vessels and participants operating within those fisheries in Tables 1 and 2. HSFCA permits are valid for five years, during which time 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. VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 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. NMFS began posting Category III fishery fact sheets online with the LOF for 2016. Am I required to register under the MMPA? Owners of vessels or gear engaging in a Category I or II fishery are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50 CFR 229.4, to register with NMFS and obtain a marine mammal authorization to lawfully take non-endangered and non-threatened marine mammals incidental to commercial fishing operations. Owners of vessels or gear engaged in a Category III fishery are not required to register with NMFS or obtain a marine mammal authorization. How do I register and receive my Marine Mammal Authorization Program (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 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 3657 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 West Coast Region, authorization certificates may be obtained from the Web site http:// www.westcoast.fisheries.noaa.gov/ protected_species/marine_mammals/ fisheries_interactions.html. In the Alaska Region, authorization certificates may be obtained from the Web site https://alaskafisheries.noaa.gov/pr/ mmapregistration. 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 E:\FR\FM\12JAR1.SGM 12JAR1 3658 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations mstockstill on DSK3G9T082PROD with RULES 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 either with each renewed state fishing license in Washington and Oregon, with their permit renewal for Federal fisheries, the timing of which varies based on target species, or via U.S. mail. 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; VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 (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 TRP 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 MMAP, including: Registration procedures and forms; current and past LOFs; descriptions of each Category I and II fishery; and some Category III fisheries; observer requirements; and marine mammal mortality/injury reporting forms and submittal procedures; may be obtained at: 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; PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 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: Lynne Barre, Protected Resources Division; NMFS, West Coast Region, Long Beach Office, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213, Attn: Penny Ruvelas; NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 9th Street, Juneau, AK 99802, Attn: Suzie Teerlink; or NMFS, Pacific Islands Regional Office, Protected Resources Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: Dawn Golden. Sources of Information Reviewed for the 2017 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 MMAP, reports to the SRGs, conference papers, FMPs, and ESA documents. The LOF for 2017 was based on, among other things, stranding data; fisher self-reports; and SARs, primarily the 2015 SARs, which are based on data from 2009–2013 and the draft 2016 SARs, which cover 2010–2014. The SARs referenced in this LOF include: 2014 (80 FR 50599; August 20, 2015), 2015 (81 FR 38676; June 14, 2016), and draft 2016 (81 FR 70097; October 11, 2016). The SARs are available at: http:// www.nmfs.noaa.gov/pr/sars/. E:\FR\FM\12JAR1.SGM 12JAR1 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations mstockstill on DSK3G9T082PROD with RULES Comments and Responses NMFS received four comment letters on the proposed LOF for 2017 (81 FR 54019; August 15, 2016). Comments were received from the Alaska Commercial Fisheries Entry Commission (CFEC), Alaska Trollers Association (ATA), Center for Biological Diversity (CBD), and West Coast Fisheries Consultants, LLC (WCFC). Comments on Commercial Fisheries in the Pacific Ocean Comment 1: CBD recommends NMFS add Guadalupe fur seals to the list of species and/or stocks incidentally killed or injured in the Hawaii shallow-set longline fishery based on 2015 documented interactions. Response: The 2017 LOF is based on information on marine mammals and fisheries from the 2015 SARs and draft 2016 SARs. The recently observed Guadalupe fur seal interaction from 2015 has not yet been included in the SARs and has not yet been evaluated as part of the tier analysis for this fishery. This species will be included in a future LOF, as appropriate. Comment 2: CBD recommends that NMFS add Guadalupe fur seals to the list of species and/or stocks incidentally killed or injured in the CA drift gillnet and the gillnet fisheries that operate from Tillamook County, Oregon, to Jefferson County, Washington, such as the WA Willapa Bay drift gillnet, WA/ OR lower Columbia River drift gillnet, and the WA Grays Harbor salmon drift gillnet based on seven documented interactions from 2010–2014. Response: As described in the 2016 Sources of human-related injury and mortality for U.S. Pacific West Coast marine mammal stocks, 2010–2014, there have been 16 records of deaths and/or serious injuries to Guadalupe fur seals from stranding data from 2010– 2014 (Carretta et al., 2016a). These strandings included entanglement in marine debris and gillnet of unknown origin, and shootings. The available data, including observer information from the CA drift gillnet fishery and the draft 2016 SAR, have been reviewed and the source(s) of those entanglements could not be determined; thus we have not made any changes to the LOF based on this information. Comment 3: CBD concurs with NMFS that the CA spiny lobster fishery should be classified as Category II and recommends NMFS list humpback whale, CA/OR/WA stock, as a species/ stock driving classification. Response: NMFS agrees that the Category II reclassification of the CA spiny lobster fishery is warranted. In the proposed 2010 LOF (74 FR 27739; June VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 11, 2009), NMFS proposed to add humpback whale, CA/OR/WA stock, to the species or stocks incidentally killed or injured in the CA spiny lobster fishery and to reclassify the fishery as Category II due to a 2007 report of a humpback whale entanglement that had been attributed to the fishery. However, during public comment on the proposed 2010 LOF, NMFS received information from the California Department of Fish and Game (the agency that reported the entanglement) that the report of the gear type and fishery was not considered reliable. Further, the entanglement was observed in July and the CA spiny lobster fishery occurs October through March. Based upon these public comments, NMFS did not add humpback to the species or stock incidentally killed or injured in the CA spiny lobster fishery and did not reclassify it in the final 2010 LOF (73 FR 73032; December 1, 2008). The original 2007 entanglement report, attributing the entanglement to the spiny lobster fishery, was used in the SAR for the 2013 humpback whale, CA/OR/WA stock and includes a mortality/serious injury of humpback whale in this fishery. The entanglement information in the SAR was not updated following public comment on the 2010 LOF. Based upon NMFS’ review of this entanglement and input from the reporting agency during the 2010 LOF process, we are not using this humpback whale entanglement to recategorize the CA spiny lobster fishery. NMFS agrees that the new distinct population segment listings may change the way we identify the humpback whale stock along the U.S. West Coast. However, at this time we continue to use the CA/OR/ WA stock of humpbacks, and associated PBR, as described in the MMPA for the LOF. Comment 4: CBD recommends NMFS add harbor seals to the list of species and/or stocks incidentally killed or injured in the CA spiny lobster fishery based on a 2010 documented injury. Response: NMFS disagrees with this recommendation. We reviewed all sources of human-related injury and mortality of harbor seals from 2010 through 2014 and there were no interactions with pot/trap gear. Although the record for this specific incident does indicate that a piece of lobster trap gear was attached to the line on the animal, lobster trap was not indicated as the cause of the interaction, the interaction type was a hook and line fishery. Entanglement in hook and line, not pot/trap, gear is consistent with other documented interactions with harbor seals. PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 3659 Comment 5: WCFC recommends NMFS classify CA spiny lobster as Category III. WCFC believes the 2008 bottlenose dolphin injury, which is driving the classification of this fishery, did not warrant serious injury designation. WCFC notes that there have been no documented interactions with bottlenose dolphins in the most recent five-year period. Response: The commenter’s first point is outside the scope of the LOF. Serious injury determinations are made by NMFS consistent with the current Guidelines for Assessing Marine Mammal Stocks (GAMMS) and the 2012 policy on assessing serious injury. The commenter should make any comments on injury determinations during the annual comment period for the relevant stock’s SAR change. On the commenter’s second point, there are no observers in the CA spiny lobster fishery. The interaction with the common bottlenose dolphin was based upon a stranding report and disentanglement effort. In 2015, there was an entanglement of a humpback whale in spiny lobster gear. This incident was not used in making our recommendations for the 2017 LOF because it was outside the 5-year data period (2009–2013) we relied upon. When the 2015 entanglement is included in the SAR and accounted for on the LOF, the entanglement will keep the spiny lobster trap fishery in Category II. Comment 6: CBD recommends NMFS reclassify the Gulf of Alaska sablefish longline fishery as a Category II fishery and add the western U.S. stock of Steller sea lions to the list of species incidentally killed or injured in the fishery. CBD stated their proposed reclassification should be based on the total annual mortality and serious injury of this stock due to fisheries (31), which is more than 10 percent of the PBR (297). Therefore, the fishery should be listed as Category II. In addition, CBD reiterates its 2016 comment (81 FR 40874; June 23, 2016) about incidental take of sperm whales in the sablefish longline fishery. Four sperm whales were observed seriously injured incidental to the Gulf of Alaska sablefish longline fishery (two each observed in 2012 and 2013). However, NMFS did not provide extrapolated estimates of sperm whale mortality and serious injury. Nonetheless, using the extrapolation applied in 2012 for the mortality of western U.S. stock of Steller sea lions in this fishery would result in an estimated 11 sperm whales seriously injured in 2012. Observer coverage in 2013 (13 percent) was slightly less than in 2012 (14 percent), which according to E:\FR\FM\12JAR1.SGM 12JAR1 mstockstill on DSK3G9T082PROD with RULES 3660 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations CBD means that a conservative estimate of sperm whales seriously injured in 2013 would likely be approximately 11. CBD expressed concern that PBR is said to be unknown for this stock of sperm whales in the stock assessment report. CBD noted the response to their 2016 comment said that NMFS would ‘‘conduct a full evaluation of this stock and this fishery pursuant to the LOF’’ and predicted that it would be done ‘‘for the next annual LOF, likely the 2017 LOF.’’ CBD requests NMFS now consider the information. Response: The single observed Steller sea lion mortality in 2012 referenced in this comment is extrapolated and averaged over five years to account for inter-annual variability in the 5-year window being considered for the 2017 LOF (2009–2013). Therefore, the 5-year average annual mortality and serious injury estimate for the western U.S. stock of Steller sea lions specific to the Gulf of Alaska sablefish longline is 1.1 (CV = 0.91). Please refer to the preamble supplementary information of this Rule for clarification on the complete process under which commercial fisheries are annually categorized for the LOF. In short, the LOF analysis is conducted in a two-tier process. The Tier 1 analysis assesses potential impacts to a particular marine mammal stock from all fisheries. NMFS compares the average annual mortality and serious injury estimates across fisheries to that stock’s PBR. If the average annual mortality and serious injury estimate is greater than 10 percent of the PBR, NMFS considers the contribution of individual fisheries in the Tier 2 analysis. The Tier 2 analysis then compares mortality and serious injury by individual fisheries to that marine mammal stock’s PBR and places the fishery in the appropriate LOF Category in accordance with established thresholds for Category I to III. The Tier 1 analysis of the western U.S. stock of Steller sea lions indicates the annual mortality and serious injury estimate from all fisheries (31) is greater than 10 percent of the PBR (297). Therefore, fisheries that interact with this stock are subject to a Tier 2 analysis. The Tier 2 analysis for the Gulf of Alaska sablefish longline with an average annual mortality and serious injury of 1.1 western U.S. Steller sea lions (0.37 percent of PBR) results in the fishery being placed in Category III, as it is below the Category II threshold of 1 percent of PBR. In regards to sperm whales, since the close of the proposed 2017 LOF comment period, NMFS published the VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 draft 2016 SARs (81 FR 70097; October 11, 2016). The sperm whale SAR now includes an average annual mortality and serious injury estimate (2.2). NMFS will consider this new estimate and evaluate the fishery for the 2018 LOF when the 2016 SAR should be final. Comment 7: CFEC and ATA recommend NMFS leave the AK miscellaneous finfish handline/hand troll and mechanical jig fishery classified as Category III. The commenters note that there is no documentation to link the vessel to a commercial fishing trip and that the vessel was at anchor in safe harbor and not involved in the act of commercial fishing. Response: NMFS reviewed the available reports and data surrounding this incident. The vessel’s crew identified themselves as Pacific cod jig fishermen, but it appears that this vessel did not land any Pacific cod fished by jig during the year that the incident took place (2013). Further, this vessel had only 7 reported landings in 2013, all in the Pacific cod pot fishery. However, these landings occurred outside the time frame of the incident. Specifically, the vessel landed Pacific cod (using pot gear) two weeks prior to the incident and not again until five months after the incident. Therefore, the interaction will not be assigned to the AK miscellaneous finfish handline/hand troll and mechanical jig fishery. This fishery will not be reclassified as Category II and will remain in Category III in the 2017 LOF Final Rule. Comment 8: CFEC and ATA recommend NMFS consider recharacterizing the fisheries grouped together in the AK miscellaneous finfish handline/hand troll and mechanical jig fishery. Response: NMFS agrees that AK miscellaneous finfish handline/hand troll and mechanical jig is currently grouped to include gear and fishing techniques too diverse to effectively evaluate potential risk to marine mammals. NMFS will review the characteristics of these fisheries and will propose a more appropriate characterization in the 2018 LOF. Comments on Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean Comment 9: CBD recommends NMFS add humpback whales to the list of species and/or stocks incidentally killed or injured in the Southeastern U.S. Atlantic shark gillnet fishery based on a 2012 injury. Response: The 2012 gillnet entanglement of the humpback whale PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 occurred in the Mid-Atlantic Gillnet Fishery (Waring et al., 2015). The humpback whale, Gulf of Maine stock is currently listed as a ‘‘marine mammal species and/or stock incidentally killed or injured’’ in the Mid-Atlantic gillnet fishery in the LOF. Summary of Changes From the Proposed Rule NMFS retains AK miscellaneous finfish handline/hand troll and mechanical jig fishery as Category III and does not reclassify the fishery to Category II as proposed. Summary of Changes to the LOF for 2017 The following summarizes changes to the LOF for 2017, including the classification of fisheries, fisheries listed, the estimated number of vessels/ persons in a particular fishery, and the species and/or stocks that are incidentally killed or injured in a particular fishery. NMFS re-classifies one fishery in the LOF for 2017. Additionally, NMFS adds one fishery to the LOF. NMFS is aware a new fishery, AK Gulf of Alaska sablefish pot, will be starting in 2017 and will characterize this fishery on the 2018 LOF. NMFS makes changes to the estimated number of vessels/persons and list of species and/or stocks killed or injured in certain fisheries. The classifications and definitions of U.S. commercial fisheries for 2017 are identical to those provided in the LOF for 2016 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 CA spiny lobster fishery from Category III to Category II. NMFS makes an administrative correction to list this fishery under Category II in Table 1. In the proposed rule, the fishery was mistakenly left as Category III. Number of Vessels/Persons NMFS updates the estimated number of vessels/persons in the Pacific Ocean (Table 1) as follows: E:\FR\FM\12JAR1.SGM 12JAR1 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations Number of vessels/persons (2016 LOF) Category Fishery I ..................... II .................... II .................... III ................... HI deep-set longline ..................................................................................................... HI shallow-set longline ................................................................................................. American Samoa longline ............................................................................................ American Samoa bottomfish handline ......................................................................... List of Species and/or Stocks Incidentally Killed or Injured in the Pacific Ocean NMFS adds the Hawaii stock of pygmy killer whale and removes the Hawaii pelagic stock of pantropical spotted dolphin on the list of stocks incidentally killed or injured in the Category I Hawaii deep-set longline fishery. NMFS adds the Hawaii stock of rough-toothed dolphin and removes the Hawaii stock of Kogia spp. on the list of stocks killed or injured in the Category II Hawaii shallow-set longline fishery. NMFS adds the Northeast Pacific stock of fin whale to the list of stocks killed or injured in the AK miscellaneous finfish handline/hand troll and mechanical jig fishery. NMFS adds the CA/OR/WA stock of short-finned pilot whale to the list of stocks incidentally killed or injured in the CA thresher shark/swordfish drift gillnet (≥14 in mesh) 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/persons (2016 LOF) Mid-Atlantic Gillnet ....................................................................................................... Chesapeake Bay Inshore Gillnet ................................................................................. Gulf of Mexico Gillnet ................................................................................................... NC Inshore Gillnet ........................................................................................................ Northeast Anchored Gillnet .......................................................................................... Northeast Drift Gillnet ................................................................................................... Southeast Atlantic Gillnet ............................................................................................. Mid-Atlantic Mid-water Trawl ........................................................................................ Mid-Atlantic Bottom Trawl ............................................................................................ Northeast Bottom Trawl ............................................................................................... Southeastern U.S. Atlantic, Gulf of Mexico Stone Crab Trap/Pot ............................... Atlantic Mixed Species Trap/Pot .................................................................................. Atlantic Blue Crab Trap/Pot ......................................................................................... Mid-Atlantic Haul Beach Seine .................................................................................... NC Long Haul Seine .................................................................................................... NC Roe Mullet Stop Net .............................................................................................. VA Pound Net .............................................................................................................. NMFS removes the Western North Atlantic stock of harbor seal from the list of species incidentally killed or injured in the Category I Northeast/MidAtlantic American lobster trap/pot fishery. NMFS removes Risso’s dolphin, Western North Atlantic stock, and adds the Western North Atlantic stocks of harbor seal and gray seal to the list of species incidentally killed or injured in the Category II Mid-Atlantic Mid-water trawl fishery. NMFS adds the Canadian East coast stock of minke whale to the list of species incidentally killed or injured in the Category II Northeast midwater trawl fishery. VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 139 20 20 24 NMFS adds the Northeast and MidAtlantic fyke net fishery to the list of Category III fisheries. I ..................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... mstockstill on DSK3G9T082PROD with RULES 135 15 22 17 Addition of Fisheries Fishery NMFS removes the Canadian East coast stock of minke whale from the list of species incidentally killed or injured in the Category II Northeast bottom trawl fishery. NMFS removes the Western North Atlantic stock of short-finned pilot whale from the list of species incidentally killed or injured in the Category II Northeast sink gillnet fishery. NMFS removes the following stocks from the list of species incidentally killed or injured in the Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery: Western North Atlantic stock of Atlantic spotted dolphin, Gulf of Mexico stock of Gervais beaked whale, Gulf of Mexico oceanic stock of killer whale, Western North Atlantic stock of Pantropical spotted dolphin, and Gulf of Mexico oceanic stock of sperm whale. Number of vessels/persons (2017 LOF) Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean Category List of Species and/or Stocks Incidentally Killed or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean 3661 4063 272 724 1323 995 1567 357 507 994 3132 1282 3284 8557 243 372 13 47 Number of vessels/persons (2017 LOF) 3950 248 248 2850 852 1036 273 382 785 2238 1384 3436 7714 359 30 1 26 NMFS adds unknown stock (likely Northern migratory coastal or Southern migratory coastal) of bottlenose dolphin to the list of stocks incidentally killed or injured in the Category II Chesapeake Bay inshore gillnet fishery. NMFS adds the Mississippi Sound, Lake Borgne, Bay Boudreau stock of bottlenose dolphin to the list of stocks incidentally killed or injured in the Category II Gulf of Mexico menhaden purse seine fishery. NMFS adds the Florida Keys stock of bottlenose dolphin to the list of stocks incidentally killed or injured in the Category III Florida spiny lobster trap/ pot fishery. NMFS adds the Barataria Bay stock and the Mississippi Sound, Lake Borgne, Bay Boudreau stock of bottlenose dolphin to the list of stocks incidentally killed or injured in the Category III Gulf of Mexico blue crab trap/pot fishery. E:\FR\FM\12JAR1.SGM 12JAR1 3662 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations Commercial Fisheries on the High Seas Number of Vessels/Persons NMFS updates the estimated number of vessels/persons on the High Seas (Table 3) as follows: Number of vessels/persons (2016 LOF) Category Fishery I ..................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... II .................... III ................... III ................... III ................... Western Pacific pelagic longline (HI deep-set component) ......................................... Atlantic highly migratory species drift gillnet ................................................................ South Pacific tuna purse seine .................................................................................... South Pacific albacore troll longline ............................................................................. South Pacific tuna longline .......................................................................................... Western Pacific pelagic longline (HI shallow-set component) ..................................... 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 troll ................................................................................... South Pacific tuna troll ................................................................................................. Western Pacific pelagic troll ......................................................................................... Pacific highly migratory species longline ..................................................................... Pacific highly migratory species purse seine ............................................................... Pacific highly migratory species troll ............................................................................ List of Species and/or Stocks Incidentally Killed or Injured on the High Seas NMFS adds the Hawaii stock of pygmy killer whale and removes the Hawaii pelagic stock of pantropical spotted dolphin on the list of stocks incidentally killed or injured in the Category I Western Pacific pelagic longline (HI deep-set component) fishery. NMFS adds the Hawaii stock of rough-toothed dolphin and removes the Hawaii stock of Kogia spp. on the list of stocks killed or injured in the Category II Western Pacific pelagic longline (HI shallow-set component) fishery. NMFS adds the CA breeding stock of northern elephant seal to the list of stocks killed or injured in the Category II Western Pacific pelagic longline (HI shallow-set component) fishery. mstockstill on DSK3G9T082PROD with RULES 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 VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 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 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 135 1 39 15 8 15 50 9 5 38 5 21 126 8 243 Number of vessels/persons (2017 LOF) 139 0 38 10 2 20 46 7 2 30 4 17 114 6 187 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 E:\FR\FM\12JAR1.SGM 12JAR1 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations 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 3663 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 Estimated number of vessels/ persons Fishery description Marine mammal species and/or stocks incidentally killed or injured CATEGORY I LONGLINE/SET LINE FISHERIES: HI deep-set longline * ∧ .................................................. 139 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. Short-finned pilot whale, CA/OR/WA. Sperm Whale, CA/OR/WA.1 50 California sea lion, U.S. Harbor seal, CA. Humpback whale, CA/OR/WA.1 Long-beaked common dolphin, CA. Northern elephant seal, CA breeding. Sea otter, CA. Short-beaked common dolphin, CA/OR/WA. California sea lion, U.S. Long-beaked common dolphin, CA. Short-beaked common dolphin, CA/OR/WA. Beluga whale, Bristol Bay. Gray whale, Eastern North Pacific. Harbor seal, Bering Sea. Northern fur seal, Eastern Pacific. Pacific white-sided dolphin, North Pacific. Spotted seal, AK. Steller sea lion, Western U.S. Bottlenose dolphin, HI Pelagic. False killer whale, MHI Insular.1 False killer whale, HI Pelagic.1 False killer whale, NWHI. Pygmy killer whale, HI. Risso’s dolphin, HI. Short-finned pilot whale, HI. Sperm whale, HI. Striped dolphin, HI. CATEGORY II GILLNET FISHERIES: CA halibut/white seabass and other species set gillnet (≤3.5 in mesh). 30 AK Bristol Bay salmon drift gillnet 2 ................................. mstockstill on DSK3G9T082PROD with RULES CA yellowtail, barracuda, and white seabass drift gillnet (mesh size ≥3.5 in and <14 in) 2. 1,862 VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\12JAR1.SGM 12JAR1 3664 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons Fishery description 979 AK Kodiak salmon set gillnet .......................................... 188 AK Cook Inlet salmon set gillnet ..................................... 736 AK Cook Inlet salmon drift gillnet .................................... 569 AK Peninsula/Aleutian Islands salmon drift gillnet 2 ........ 162 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 U.S.-Canada border and eastward of the Bonilla-Tatoosh line-Treaty Indian fishing is excluded). TRAWL FISHERIES: AK Bering Sea, Aleutian Islands flatfish trawl ................ mstockstill on DSK3G9T082PROD with RULES AK Bristol Bay salmon set gillnet 2 .................................. 210 VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00064 32 Fmt 4700 Sfmt 4700 Marine mammal species and/or stocks incidentally killed or injured 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, South central 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. 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, South central AK. Steller sea lion, Western U.S.1 Dall’s porpoise, AK. Harbor porpoise, Southeast AK. Harbor seal, Southeast AK. Humpback whale, Central North Pacific.1 Pacific white-sided dolphin, North Pacific. Steller sea lion, Eastern U.S. Gray whale, Eastern North Pacific. Harbor Porpoise, Southeastern AK. Harbor seal, Southeast AK. Humpback whale, Central North Pacific (Southeast AK). Dall’s porpoise, CA/OR/WA. Harbor porpoise, inland WA.1 Harbor seal, WA inland. 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. E:\FR\FM\12JAR1.SGM 12JAR1 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations 3665 TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons Fishery description AK Bering Sea, Aleutian Islands pollock trawl ................ 102 AK Bering Sea, Aleutian Islands rockfish trawl .............. 17 POT, RING NET, AND TRAP FISHERIES: CA spiny lobster .............................................................. 194 CA spot prawn pot .......................................................... 25 CA Dungeness crab pot .................................................. 570 OR Dungeness crab pot ................................................. 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 * ∧ .............................................. 20 American Samoa longline 2 ............................................. 22 HI shortline 2 .................................................................... 9 Marine mammal species and/or stocks incidentally killed or injured 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 Bottlenose dolphin, CA/OR/WA offshore. Humpback whale, CA/OR/WA. Gray whale, Eastern North Pacific. 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. False killer whale, HI Pelagic.1 Humpback whale, Central North Pacific. Risso’s dolphin, HI. Rough-toothed dolphin, HI. Short-finned pilot whale, HI. Striped dolphin, HI. Bottlenose dolphin, unknown. Cuvier’s beaked whale, unknown. False killer whale, American Samoa. Rough-toothed dolphin, American Samoa. Short-finned pilot whale, unknown. None documented. CATEGORY III GILLNET FISHERIES: AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet. AK miscellaneous finfish set gillnet ................................. AK Prince William Sound salmon set gillnet ................... 1,778 Harbor porpoise, Bering Sea. 54 29 Steller sea lion, Western U.S. Harbor seal, GOA. Sea otter, South central AK. Steller sea lion, Western U.S. None documented. None documented. Bottlenose dolphin, HI. Spinner dolphin, HI. Harbor seal, OR/WA coast. mstockstill on DSK3G9T082PROD with RULES 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. WA Willapa Bay drift gillnet ............................................. 24 15 110 82 MISCELLANEOUS NET FISHERIES: AK Cook Inlet salmon purse seine ................................. AK Kodiak salmon purse seine ....................................... AK Southeast salmon purse seine .................................. AK Metlakatla salmon purse seine ................................. VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00065 83 376 315 10 Fmt 4700 Sfmt 4700 None documented. California sea lion, U.S. Harbor seal, OR/WA coast. Harbor seal, OR/WA coast. Northern elephant seal, CA breeding. Humpback whale, Central North Pacific. Humpback whale, Central North Pacific. None documented in the most recent five years of data. None documented. E:\FR\FM\12JAR1.SGM 12JAR1 3666 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / 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 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). WA/OR sardine purse seine ........................................... CA anchovy, mackerel, sardine purse seine .................. 2 2 0 10 356 31 936 CA squid purse seine ...................................................... 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 .................................................... WA salmon net pens ....................................................... 10 10 130 75 11 17 <3 23 24 None documented. None documented. None documented. None documented. None documented. None documented. Harbor seal, GOA. 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. 42 65 unknown >1 13 2 14 mstockstill on DSK3G9T082PROD with RULES 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 ................................................................ 23 705 unknown unknown 1,908 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 .... 13 4,300 2,117 322 40 AK Bering Sea, Aleutian Islands Pacific cod trawl ......... 72 AK Gulf of Alaska flatfish trawl ....................................... AK Gulf of Alaska Pacific. cod trawl ............................... 36 55 VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00066 432 3 4 None documented. None documented. California sea lion, U.S. None documented. California sea lion, U.S. Harbor seal, WA inland waters. None documented. 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. None documented. Killer whale, AK resident. 22 855 92 25 295 2,197 3 464 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 Fmt 4700 Sfmt 4700 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. E:\FR\FM\12JAR1.SGM 12JAR1 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations 3667 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 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 CA sea cucumber trawl ................................................... WA/OR/CA shrimp trawl .................................................. WA/OR/CA groundfish trawl ............................................ 16 300 160–180 POT, RING NET, AND TRAP FISHERIES: AK statewide miscellaneous finfish pot ........................... AK Aleutian Islands sablefish pot ................................... AK Bering Sea, Aleutian Islands Pacific cod pot ............ AK Bering Sea, Aleutian Islands crab pot ...................... AK Bering Sea sablefish pot ........................................... AK Gulf of Alaska crab pot ............................................. AK Gulf of Alaska Pacific cod pot ................................... AK Southeast Alaska crab pot ........................................ AK Southeast Alaska shrimp pot .................................... AK shrimp pot, except Southeast ................................... AK octopus/squid pot ...................................................... AK snail pot ..................................................................... CA/OR coonstripe shrimp pot ......................................... 4 4 59 540 2 381 128 41 269 236 26 1 36 CA rock crab pot ............................................................. mstockstill on DSK3G9T082PROD with RULES AK Gulf of Alaska pollock trawl ....................................... 124 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: 54 254 249 5 9 <3 10 4 33 None documented. None documented. None documented. Gray whale, Eastern North Pacific. None documented. None documented. Harbor seal, GOA. Humpback whale, Central North Pacific (Southeast AK). Humpback whale, Central North Pacific (Southeast AK). None documented. None documented. None documented. Gray whale, Eastern North Pacific. Harbor seal, CA. Gray whale, Eastern North Pacific. Harbor seal, CA. 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 Fin whale, Northeast Pacific. 180 None documented. 7 24 28 None documented. None documented. None documented. VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00067 2 47 >300 <3 578 357 534 679 0 Dall’s porpoise, AK. Fin whale, Northeast Pacific. Northern elephant seal, North Pacific. Steller sea lion, Western U.S. None documented. None documented. None documented. None documented. None documented. 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. None None None None None None None documented. documented. documented in recent years. documented. documented. documented. documented. 6 Fmt 4700 None documented. Sfmt 4700 E:\FR\FM\12JAR1.SGM 12JAR1 3668 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons Fishery description 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 .... 409 2 3 >7,000 (2,702 AK) LIVE FINFISH/SHELLFISH FISHERIES: CA nearshore finfish live trap/hook-and-line ................... HI aquarium collecting ..................................................... 93 90 13 108 (5 AK) 0 130 2 339 398 <3 5 46 19 163 4 201 10 Marine mammal species and/or stocks incidentally killed or injured None documented. None documented. None documented. California sea lion, U.S. None documented. None None None None None None None None None None None None documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. None documented. Killer whale, unknown. Steller sea lion, Eastern U.S. Steller sea lion, Western U.S. 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 mstockstill on DSK3G9T082PROD with RULES GILLNET FISHERIES: Mid-Atlantic gillnet ........................................................... VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00068 3,950 Fmt 4700 Sfmt 4700 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. E:\FR\FM\12JAR1.SGM 12JAR1 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations 3669 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 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. White-sided dolphin, WNA. TRAP/POT FISHERIES: Northeast/Mid-Atlantic American lobster trap/pot ........... 10,163 Humpback whale, Gulf of Maine. Minke whale, Canadian east coast. North Atlantic right whale, WNA.1 LONGLINE FISHERIES: Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline *. 234 Atlantic spotted dolphin, GMX continental and oceanic. Bottlenose dolphin, Northern GMX oceanic. Bottlenose dolphin, WNA offshore. Common dolphin, WNA. Cuvier’s beaked whale, WNA. False killer whale, WNA. Harbor porpoise, GME, BF. 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. 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 CATEGORY II 248 Gulf of Mexico gillnet 2 ..................................................... 248 NC inshore gillnet ............................................................ 2,850 Northeast anchored float gillnet 2 .................................... 852 Northeast drift gillnet 2 ..................................................... Southeast Atlantic gillnet 2 ............................................... 1,036 273 Southeastern U.S. Atlantic shark gillnet ......................... 30 TRAWL FISHERIES: Mid-Atlantic mid-water trawl (including pair trawl) .......... mstockstill on DSK3G9T082PROD with RULES GILLNET FISHERIES: Chesapeake Bay inshore gillnet 2 ................................... 382 Mid-Atlantic bottom trawl ................................................. 785 VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 Bottlenose dolphin, unknown (Northern migratory coastal or Southern migratory coastal). 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. Gray seal, WNA. Harbor seal, 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 E:\FR\FM\12JAR1.SGM 12JAR1 3670 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / 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 Northeast mid-water trawl (including pair trawl) ............. 1,087 Northeast bottom trawl .................................................... 2,238 Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl 4,950 1,384 Atlantic mixed species trap/pot 2 ..................................... 3,436 Atlantic blue crab trap/pot ............................................... 7,714 PURSE SEINE FISHERIES: Gulf of Mexico menhaden purse seine ........................... 40–42 Mid-Atlantic menhaden purse seine 2 .............................. mstockstill on DSK3G9T082PROD with RULES TRAP/POT FISHERIES: Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/pot 2. 19 HAUL/BEACH SEINE FISHERIES: Mid-Atlantic haul/beach seine ......................................... 359 NC long haul seine .......................................................... 30 Marine mammal species and/or stocks incidentally killed or injured Common dolphin, WNA. Gray seal, WNA. Harbor seal, WNA. Long-finned pilot whale, WNA.1 Minke whale, Canadian East Coast. 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. 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. 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. Bottlenose dolphin, Central GA estuarine system. Bottlenose dolphin, Charleston estuarine system.1 Bottlenose dolphin, Indian River Lagoon estuarine system. Bottlenose dolphin, Jacksonville estuarine system. Bottlenose dolphin, Northern FL coastal.1 Bottlenose dolphin, Northern GA/Southern SC estuarine system. Bottlenose dolphin, Northern Migratory coastal. Bottlenose dolphin, Northern NC estuarine system.1 Bottlenose dolphin, Northern SC estuarine system. Bottlenose dolphin, SC/GA coastal. Bottlenose dolphin, Southern GA estuarine system. Bottlenose dolphin, Southern Migratory coastal. Bottlenose dolphin, Southern NC estuarine system. West Indian manatee, FL. Bottlenose dolphin, GMX bay, sound, estuarine. Bottlenose dolphin, Mississippi Sound, Lake Borgne, Bay Boudreau. Bottlenose dolphin, Northern GMX coastal.1 Bottlenose dolphin, Western GMX coastal.1 Bottlenose dolphin, Northern Migratory coastal. Bottlenose dolphin, 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. STOP NET FISHERIES: VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 E:\FR\FM\12JAR1.SGM 12JAR1 3671 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / 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 NC roe mullet stop net .................................................... 1 POUND NET FISHERIES: VA pound net .................................................................. 26 Marine mammal species and/or stocks incidentally killed or injured Bottlenose dolphin, Northern NC estuarine system. Bottlenose dolphin, unknown (Southern migratory coastal or Southern NC estuarine system). Bottlenose dolphin, Northern migratory coastal. Bottlenose dolphin, Northern NC estuarine system. Bottlenose dolphin, Southern Migratory coastal.1 CATEGORY III GILLNET FISHERIES: Caribbean gillnet ............................................................. DE River inshore gillnet .................................................. Long Island Sound inshore gillnet ................................... RI, southern MA (to Monomoy Island), and NY Bight (Raritan and Lower NY Bays) inshore gillnet. Southeast Atlantic inshore gillnet .................................... TRAWL FISHERIES: Atlantic shellfish bottom trawl .......................................... Gulf of Mexico butterfish trawl ........................................ >991 unknown unknown unknown None None None None unknown Bottlenose dolphin, Northern SC estuarine system. >58 2 Gulf of Mexico mixed species trawl ................................ GA cannonball jellyfish trawl ........................................... MARINE AQUACULTURE FISHERIES: Finfish aquaculture .......................................................... Shellfish aquaculture ....................................................... PURSE SEINE FISHERIES: Gulf of Maine Atlantic herring purse seine ..................... 20 1 48 unknown >7 Gulf of Maine menhaden purse seine ............................. FL West Coast sardine purse seine ............................... U.S. Atlantic tuna purse seine* ....................................... >2 10 5 LONGLINE/HOOK-AND-LINE FISHERIES: Northeast/Mid-Atlantic bottom longline/hook-and-line ..... Gulf of Maine, U.S. Mid-Atlantic tuna, shark swordfish hook-and-line/harpoon. Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean snapper-grouper and other reef fish bottom longline/hook-and-line. Southeastern U.S. Atlantic, Gulf of Mexico shark bottom longline/hook-and-line. Southeastern U.S. Atlantic, Gulf of Mexico, and Caribbean pelagic hook-and-line/harpoon. U.S. Atlantic, Gulf of Mexico trotline ............................... TRAP/POT FISHERIES: Caribbean mixed species trap/pot .................................. Caribbean spiny lobster trap/pot ..................................... FL spiny lobster trap/pot ................................................. >1,207 428 >5,000 <125 1,446 unknown in in in in the the the the most most most most recent recent recent recent five five five five years years years years of of of of data. data. data. data. None documented. Bottlenose dolphin, Northern GMX oceanic. Bottlenose dolphin, Northern GMX continental shelf. None documented. Bottlenose dolphin, SC/GA coastal. Harbor seal, WNA. None documented. Harbor seal, WNA. Gray seal, WNA. None documented. Bottlenose dolphin, Eastern GMX coastal. Long-finned pilot whale, WNA. Short-finned pilot whale, WNA. None documented. Bottlenose dolphin, WNA offshore. Humpback whale, Gulf of Maine. Bottlenose dolphin, GMX continental shelf. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, Northern GMX continental shelf. None documented. None documented. mstockstill on DSK3G9T082PROD with RULES 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/FYKE NET FISHERIES: 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, FL Keys. Bottlenose dolphin, Barataria Bay. Bottlenose dolphin, Eastern GMX coastal. Bottlenose dolphin, GMX bay, sound, estuarine. Bottlenose dolphin, Mississippi Sound, Lake Borgne, Bay Boudreau. Bottlenose dolphin, Northern GMX coastal. Bottlenose dolphin, Western GMX coastal. West Indian manatee, FL. None documented. None documented. unknown None documented. Sfmt 4700 E:\FR\FM\12JAR1.SGM VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00071 >501 >197 1,268 documented documented documented documented Fmt 4700 12JAR1 3672 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / 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 Gulf of Maine herring and Atlantic mackerel stop seine/ weir. >1 U.S. Mid-Atlantic crab stop seine/weir ............................ U.S. Mid-Atlantic mixed species stop seine/weir/pound net (except the NC roe mullet stop net). RI floating trap ................................................................. Northeast and Mid-Atlantic fyke net ................................ 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: Atlantic Ocean, Gulf of Mexico, Caribbean commercial passenger fishing vessel. 2,600 unknown Harbor porpoise, GME/BF. Harbor seal, WNA. Minke whale, Canadian east coast. Atlantic white-sided dolphin, WNA. None documented. Bottlenose dolphin, Northern NC estuarine system. 9 unknown None documented. 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. documented. documented. documented. documented. documented. documented. documented. documented. 20,000 None documented. unknown unknown None documented. None documented. 4,000 Bottlenose 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, dolphin, Biscayne Bay estuarine. 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. mstockstill on DSK3G9T082PROD with RULES 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 LONGLINE FISHERIES: VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 E:\FR\FM\12JAR1.SGM 12JAR1 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations 3673 TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS—Continued Number of HSFCA permits Fishery description Marine mammal species and/or stocks incidentally killed or injured Atlantic Highly Migratory Species * ................................. 86 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. Pygmy killer whale, HI. Risso’s dolphin, HI. Short-finned pilot whale, HI. Sperm whale, HI. Striped dolphin, HI. Western Pacific Pelagic (HI Deep-set component) * ∧ .... 139 DRIFT GILLNET FISHERIES: Pacific Highly Migratory Species ∧ .................................. 5 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. 0 Undetermined. 1 0 Undetermined. Antarctic fur seal. Category II mstockstill on DSK3G9T082PROD with RULES DRIFT GILLNET FISHERIES: Atlantic Highly Migratory Species ................................... 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) * ∧ 38 3 0 10 2 20 None documented. Undetermined. Undetermined. Blainville’s beaked whale, HI. Bottlenose dolphin, HI Pelagic. False killer whale, HI Pelagic. Humpback whale, Central North Pacific. Northern elephant seal, CA breeding. Risso’s dolphin, HI. Rough-toothed dolphin, HI. Short-beaked common dolphin, CA/OR/WA. Short-finned pilot whale, HI. Striped dolphin, HI. 3 46 7 2 Undetermined. Undetermined. Undetermined. Undetermined. 2 30 4 17 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 .................................................. Undetermined. Undetermined. Undetermined. Undetermined. Undetermined. Undetermined. Category III LONGLINE FISHERIES: Northwest Atlantic Bottom Longline ................................ Pacific Highly Migratory Species ..................................... PURSE SEINE FISHERIES: VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00073 1 114 Fmt 4700 Sfmt 4700 None documented. None documented in the most recent 5 years of data. E:\FR\FM\12JAR1.SGM 12JAR1 3674 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS—Continued Number of HSFCA permits Fishery description Pacific Highly Migratory Species * ∧ ................................ TRAWL FISHERIES: Northwest Atlantic ........................................................... TROLL FISHERIES: Pacific Highly Migratory Species * ................................... Marine mammal species and/or stocks incidentally killed or injured 6 None documented. 1 None documented. 187 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 Atlantic Large Whale Take Reduction Plan (ALWTRP)—50 CFR 229.32 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). mstockstill on DSK3G9T082PROD with RULES 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) ............................ Category I Mid-Atlantic gillnet. Northeast/Mid-Atlantic American lobster trap/pot. Northeast sink gillnet. Category II Atlantic blue crab trap/pot. Atlantic mixed species trap/pot. Northeast anchored float gillnet. Northeast drift gillnet. Southeast Atlantic gillnet. Southeastern U.S. Atlantic shark gillnet *. Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot ∧. Category I Mid-Atlantic gillnet. Category II Atlantic blue crab trap/pot. Chesapeake Bay inshore gillnet fishery. Mid-Atlantic haul/beach seine. Mid-Atlantic menhaden purse seine. NC inshore gillnet. NC long haul seine. NC roe mullet stop net. Southeast Atlantic gillnet. Southeastern U.S. Atlantic shark gillnet. Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl ∧. Southeastern, U.S. Atlantic, Gulf of Mexico stone crab trap/pot ∧. VA pound net. Category I HI deep-set 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. VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 E:\FR\FM\12JAR1.SGM 12JAR1 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations mstockstill on DSK3G9T082PROD 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 (COI) requirements subject to the Paperwork Reduction Act. The COI 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). The requirement for reporting marine mammal mortalities or injuries has been approved by OMB under OMB control number 0648–0292 (0.15 hours per report). These estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the COI. Send comments regarding these reporting burden estimates or any other aspect of the COI, including suggestions for reducing burden, to NMFS 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 COI, subject to the requirements of the Paperwork Reduction Act, unless that COI 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 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 and 2014. NMFS concluded that because there were no changes to the process used to develop VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 the LOF and implement section 118 of the MMPA, there was no need to update the 2005 EA. This rule would not change NMFS’ current process for classifying fisheries on the LOF. Therefore, this rule is not expected to change the analysis or conclusion of the 2005 EA and Finding of No Significant Impact (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 ESA or their associated critical habitat. The impacts of numerous fisheries have been analyzed in various biological opinions, and this rule will not affect the conclusions of those opinions. The classification of fisheries on the LOF is not considered to be a management action that would adversely affect threatened or endangered species. If NMFS takes a management action, for example, through the development of a TRP, NMFS would consult under ESA section 7 on that action. This 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. 2016. Alaska Marine Mammal Stock Assessments, 2015. NOAA Tech. Memo. NMFS–AFSC–323. 309 p. Carretta, J.V., K.A. Forney, E. Oleson, K. Martien, M.M. Muto, M.S. Lowry, J. Barlow, J. Baker, B. Hanson, D. Lynch, L. Carswell, R.L. Brownell Jr., J. Roobins, D.K. Mattila, K. Ralls and M.C. Hill. 2011. U.S. Pacific Marine Mammal Stock Assessments: 2010. NOAA Technical Memorandum NOAA–TM–NMFS– SWFSC–476. 357 p. Carretta, J.V., E. Oleson, D.W. Weller, A.R. Lang, K.A. Forney, J. Baker, B. Hanson, K. Martien, M.M. Muto, A.J. Orr, H. Huber, M.S. Lowry, J. Barlow, D. Lynch, L. Carswell, R.L. Brownell Jr., and D.K. Mattila. 2014. U.S. Pacific Marine Mammal Stock Assessments: 2013. NOAA Technical Memorandum NOAA– TM–NMFS–SWFSC–532. 414 p. Carretta, J.V., E. Oleson, D.W. Weller, A.R. Lang, K.A. Forney, J. Baker, B. Hanson, PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 3675 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. 2016. U.S. Pacific Marine Mammal Stock Assessments: 2015. NOAA Technical Memorandum NOAA–TM–NMFS– SWFSC–561. 426 p. Carretta, J.V., K.A. Forney, E. Oleson, D.W. Weller, A.R. Lang, J. Baker, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. Lowry, J. Barlow, J.E. Moore, D. Lynch, L. Carswell, and R.L. Brownell Jr. 2016. U.S. Pacific Draft Marine Mammal Stock Assessments: 2016. NOAA Technical Memorandum NOAA–TM–NMFS– SWFSC–XXX. 146p. Carretta, J.V., M.M. Muto, S. Wilkin, J. Greenman, K. Wilkinson, M. DeAngelis, J. Viezbicke, and J. Jannot. 2016. Sources of human-related injury and mortality for U.S. Pacific west coast marine mammal stocks assessments, 2010–2014. NOAA– TM–NMFS–SWFSC–554. Fishing Gear Types. Fyke nets. Technology Fact Sheets. In: FAO Fisheries and Aquaculture Department [online]. Rome. Updated 13 September 2001. [Cited 16 March 2016]. http://www.fao.rog/fishery/ geartype/226/en Fullencamp, L. 2006. Characterization of fisheries operating in State Waters of the Atlantic Ocean from Maine through Florida. Atlantic States Fisheries Marine Commission. Gilbert, J.R. and K.M. Wynne. 1985. Harbor seal populations and fisheries interactions with marine mammals in New England, 1984. Interim Rep., NOAA NA–84–EAC–00070, to NMFS, Northeast Fisheries Science Center, 166 Water St., Woods Hole, MA. 15 p. Jannot, J.E., V. Tuttle, K. Somers, Y–W. Lee, J. McVeigh. 2016. Marine Mammal, Seabird, and Sea Turtle Summary of Observed Interactions, 2002–2014. Fisheries Observation Science, Fishery Resource Analysis and Monitoring Division, Northwest Fisheries Science Center. 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. National Marine Fisheries Service. 2012. National Marine Fisheries Service Policy Directive 02–238. Process for Distinguishing Serious from Non-Serious Injury of Marine Mammals, 4 p. (Available at: http://www.nmfs.noaa.gov/ op/pds/documents/02/02–238.pdf). Stevenson, D., L. Chiarella, D. Stephan, R. Reid, K. Wilhelm, J. McCarthy, and M. Pentony. 2004. Characterization of the Fishing Practices and Marine Benthic Ecosystems of the Northeast U.S. Shelf, and an Evaluation of the Potential Effects E:\FR\FM\12JAR1.SGM 12JAR1 3676 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations of Fishing on Essential Fish Habitat. NOAA Technical Memorandum NMFS– NE–181. Waring, G.T., E. Josephson, C.P. Fairfield and K. Maze-Foley, editors. 2006. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks Assessments, 2005. NOAA Technical Memorandum NOAA– NE–194. Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 2015. 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. 2016. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks Assessments, 2015. NOAA Technical Memorandum NOAA– NE–238. 512 p. Dated: January 5, 2017. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017–00250 Filed 1–11–17; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151211999–6343–02] RIN 0648–XF133 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch Area Closure and Possession Prohibition for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; area closure and inseason adjustment. AGENCY: This action closes the Georges Bank Cod Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels and prohibits the possession of Georges Bank cod by common pool vessels for the remainder of the fishing year, through April 30, 2017. The common pool fishery has exceeded its annual quota for Georges Bank cod. The closure and possession prohibition are intended to prevent further overage of the common pool’s quota for this stock. DATES: This action is effective January 9, 2017, through April 30, 2017. mstockstill on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 17:27 Jan 11, 2017 Jkt 241001 Kyle Molton, Fishery Management Specialist, (978) 281–9236. SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR 648.82(n)(2)(ii) require the Regional Administrator to close a common pool Trimester Total Allowable Catch (TAC) Area for a stock when 90 percent of the Trimester TAC is projected to be caught. The closure applies to all common pool vessels on a groundfish trip using gear capable of catching that stock for the remainder of the trimester. As of December 26, 2016, the common pool fishery has exceeded its annual TAC for Georges Bank (GB) cod by 0.3 mt, or 2.7 percent. Additionally, any overages in Trimesters 1 and 2 must be deducted from the Trimester 3 TAC. The combined overages in Trimesters 1 and 2 (4.7 mt) exceed the Trimester 3 TAC of 4.3 mt. As a result, there is no TAC available to be harvested in Trimester 3. Effective January 9, 2017, the GB Cod Trimester TAC Area is closed for the remainder of the fishing year, through April 30, 2017, to all common pool vessels fishing on a groundfish trip with trawl gear, sink gillnet gear, and longline/hook gear. The GB Cod Trimester TAC Area consists of statistical areas 521, 522, 525, and 561. The area reopens at the beginning of fishing year 2017 on May 1, 2017. Data indicates that common pool vessels have caught a significant portion of the total catch from outside the statistical areas that will be affected by the closure described above. The Regional Administrator is authorized under 50 CFR 648.86(o)(1) to adjust possession and trip limits for common pool vessels to prevent exceeding the pertinent common pool quotas during the fishing year. To prevent the common pool from further exceeding its quota and discourage fishing behavior that results in bycatch of GB cod in areas not affected by the closure, the possession of GB cod by all common pool vessels is prohibited, effective January 9, 2017, through April 30, 2017. If a vessel declared its trip through the Vessel Monitoring System (VMS) or the interactive voice response system, and crossed the VMS demarcation line prior to January 9, 2017, it may complete its trip within the Trimester TAC Area. Additionally, such vessels are not subject to the new possession prohibition for that trip. A vessel that has set gillnet gear prior to January 9, 2017, may complete its trip by hauling such gear and will not be subject to the new possession limit on that trip for fish caught with that gear. FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00076 Fmt 4700 Sfmt 9990 Weekly quota monitoring reports for the common pool fishery are on our Web site at: www.greateratlantic.fisheries.noaa.gov/ ro/fso/MultiMonReports.htm. Because the common pool fishery has exceeded its annual quota for GB cod in the 2016 fishing year, the overage will be deducted from the common pool’s annual quota for fishing year 2017. The final 2016 overage, and the adjustment to the 2017 common pool quota, will be announced as close to May 1, 2017, as possible, once final catch information for the 2016 fishing year are available. We will continue to monitor common pool catch through vessel trip reports, dealer-reported landings, VMS catch reports, and other available information. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA, finds good cause pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior notice and the opportunity for public comment and the 30-day delayed effectiveness period because it would be impracticable and contrary to the public interest. Regulations require the Regional Administrator to close a trimester TAC area to the common pool fishery when 90 percent of the Trimester TAC for a stock has been caught. Updated catch information only recently became available indicating that the common pool fishery had exceeded its annual quota for GB cod. The time necessary to provide for prior notice and comment, and a 30-day delay in effectiveness, prevents the immediate closure of the GB Cod Trimester 3 TAC Area and prohibition of GB cod possession. Delaying the effective date of a closure and possession prohibition may increase the overage in fishing year 2016 that will need to be deducted from next year’s quota. This would be to the detriment of the GB cod stock, and could undermine management objectives of the Northeast Multispecies Fishery Management Plan. Additionally, the overage of the common pool quota could cause negative economic impacts to the common pool fishery as a result of required catch limit deductions in the 2017 fishing year. Authority: 16 U.S.C. 1801 et seq. Dated: January 6, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–00484 Filed 1–9–17; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\12JAR1.SGM 12JAR1

Agencies

[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Rules and Regulations]
[Pages 3655-3676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00250]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 160219129-6999-02]
RIN 0648-BF78


List of Fisheries for 2017

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

ACTION: Final rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
final List of Fisheries (LOF) for 2017, as required by the Marine 
Mammal Protection Act (MMPA). The LOF for 2017 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.

DATES: The effective date of this final rule is February 13, 2017.

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, 727-824-5312; Penny 
Ruvelas, West Coast Region (CA), 562-980-4197; Lynne Barre, West Coast 
Region (WA/OR), 206-526-4745; Suzie Teerlink, Alaska Region, 907-586-
7240; 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.

[[Page 3656]]

    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 2017 LOF generally summarizes data from 2009-2013. 
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 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

[[Page 3657]]

Caribbean; and Table 3 lists all U.S.-authorized commercial fisheries 
on the high seas. A fourth table, Table 4, lists all commercial 
fisheries managed under applicable TRPs or take reduction teams (TRTs).

Are high seas fisheries included on the LOF?

    Beginning with the 2009 LOF, NMFS includes high seas fisheries in 
Table 3 of the LOF, along with the number of valid High Seas Fishing 
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues 
HSFCA permits only for high seas fisheries analyzed in accordance with 
the National Environmental Policy Act (NEPA) and the Endangered Species 
Act (ESA). The authorized high seas fisheries are broad in scope and 
encompass multiple specific fisheries identified by gear type. For the 
purposes of the LOF, the high seas fisheries are subdivided based on 
gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to 
provide more detail on composition of effort within these fisheries. 
Many fisheries operate in both U.S. waters and on the high seas, 
creating some overlap between the fisheries listed in Tables 1 and 2 
and those in Table 3. In these cases, the high seas component of the 
fishery is not considered a separate fishery, but an extension of a 
fishery operating within U.S. waters (listed in Table 1 or 2). NMFS 
designates those fisheries in Tables 1, 2, and 3 by a ``*'' after the 
fishery's name. The number of HSFCA permits listed in Table 3 for the 
high seas components of these fisheries operating in U.S. waters does 
not necessarily represent additional effort that is not accounted for 
in Tables 1 and 2. Many vessels/participants holding HSFCA permits also 
fish within U.S. waters and are included in the number of vessels and 
participants operating within those fisheries in Tables 1 and 2.
    HSFCA permits are valid for five years, during which time 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. NMFS 
began posting Category III fishery fact sheets online with the LOF for 
2016.

Am I required to register under the MMPA?

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

How do I register and receive my Marine Mammal Authorization Program 
(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 West Coast 
Region, authorization certificates may be obtained from the Web site 
http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/fisheries_interactions.html. In the Alaska Region, 
authorization certificates may be obtained from the Web site https://alaskafisheries.noaa.gov/pr/mmapregistration. 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

[[Page 3658]]

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 either with each renewed state fishing 
license in Washington and Oregon, with their permit renewal for Federal 
fisheries, the timing of which varies based on target species, or via 
U.S. mail. 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 TRP 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 MMAP, including: Registration 
procedures and forms; current and past LOFs; descriptions of each 
Category I and II fishery; and some Category III fisheries; observer 
requirements; and marine mammal mortality/injury reporting forms and 
submittal procedures; may be obtained at: 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: Lynne Barre, Protected Resources Division;
    NMFS, West Coast Region, Long Beach Office, 501 W. Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213, Attn: Penny Ruvelas;
    NMFS, Alaska Region, Protected Resources, P.O. Box 22668, 709 West 
9th Street, Juneau, AK 99802, Attn: Suzie Teerlink; or
    NMFS, Pacific Islands Regional Office, Protected Resources 
Division, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818, Attn: Dawn 
Golden.

Sources of Information Reviewed for the 2017 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 MMAP, reports to the SRGs, conference papers, FMPs, 
and ESA documents.
    The LOF for 2017 was based on, among other things, stranding data; 
fisher self-reports; and SARs, primarily the 2015 SARs, which are based 
on data from 2009-2013 and the draft 2016 SARs, which cover 2010-2014. 
The SARs referenced in this LOF include: 2014 (80 FR 50599; August 20, 
2015), 2015 (81 FR 38676; June 14, 2016), and draft 2016 (81 FR 70097; 
October 11, 2016). The SARs are available at: http://www.nmfs.noaa.gov/pr/sars/.

[[Page 3659]]

Comments and Responses

    NMFS received four comment letters on the proposed LOF for 2017 (81 
FR 54019; August 15, 2016). Comments were received from the Alaska 
Commercial Fisheries Entry Commission (CFEC), Alaska Trollers 
Association (ATA), Center for Biological Diversity (CBD), and West 
Coast Fisheries Consultants, LLC (WCFC). Comments on Commercial 
Fisheries in the Pacific Ocean
    Comment 1: CBD recommends NMFS add Guadalupe fur seals to the list 
of species and/or stocks incidentally killed or injured in the Hawaii 
shallow-set longline fishery based on 2015 documented interactions.
    Response: The 2017 LOF is based on information on marine mammals 
and fisheries from the 2015 SARs and draft 2016 SARs. The recently 
observed Guadalupe fur seal interaction from 2015 has not yet been 
included in the SARs and has not yet been evaluated as part of the tier 
analysis for this fishery. This species will be included in a future 
LOF, as appropriate.
    Comment 2: CBD recommends that NMFS add Guadalupe fur seals to the 
list of species and/or stocks incidentally killed or injured in the CA 
drift gillnet and the gillnet fisheries that operate from Tillamook 
County, Oregon, to Jefferson County, Washington, such as the WA Willapa 
Bay drift gillnet, WA/OR lower Columbia River drift gillnet, and the WA 
Grays Harbor salmon drift gillnet based on seven documented 
interactions from 2010-2014.
    Response: As described in the 2016 Sources of human-related injury 
and mortality for U.S. Pacific West Coast marine mammal stocks, 2010-
2014, there have been 16 records of deaths and/or serious injuries to 
Guadalupe fur seals from stranding data from 2010-2014 (Carretta et 
al., 2016a). These strandings included entanglement in marine debris 
and gillnet of unknown origin, and shootings. The available data, 
including observer information from the CA drift gillnet fishery and 
the draft 2016 SAR, have been reviewed and the source(s) of those 
entanglements could not be determined; thus we have not made any 
changes to the LOF based on this information.
    Comment 3: CBD concurs with NMFS that the CA spiny lobster fishery 
should be classified as Category II and recommends NMFS list humpback 
whale, CA/OR/WA stock, as a species/stock driving classification.
    Response: NMFS agrees that the Category II reclassification of the 
CA spiny lobster fishery is warranted. In the proposed 2010 LOF (74 FR 
27739; June 11, 2009), NMFS proposed to add humpback whale, CA/OR/WA 
stock, to the species or stocks incidentally killed or injured in the 
CA spiny lobster fishery and to reclassify the fishery as Category II 
due to a 2007 report of a humpback whale entanglement that had been 
attributed to the fishery. However, during public comment on the 
proposed 2010 LOF, NMFS received information from the California 
Department of Fish and Game (the agency that reported the entanglement) 
that the report of the gear type and fishery was not considered 
reliable. Further, the entanglement was observed in July and the CA 
spiny lobster fishery occurs October through March. Based upon these 
public comments, NMFS did not add humpback to the species or stock 
incidentally killed or injured in the CA spiny lobster fishery and did 
not reclassify it in the final 2010 LOF (73 FR 73032; December 1, 
2008). The original 2007 entanglement report, attributing the 
entanglement to the spiny lobster fishery, was used in the SAR for the 
2013 humpback whale, CA/OR/WA stock and includes a mortality/serious 
injury of humpback whale in this fishery. The entanglement information 
in the SAR was not updated following public comment on the 2010 LOF. 
Based upon NMFS' review of this entanglement and input from the 
reporting agency during the 2010 LOF process, we are not using this 
humpback whale entanglement to recategorize the CA spiny lobster 
fishery. NMFS agrees that the new distinct population segment listings 
may change the way we identify the humpback whale stock along the U.S. 
West Coast. However, at this time we continue to use the CA/OR/WA stock 
of humpbacks, and associated PBR, as described in the MMPA for the LOF.
    Comment 4: CBD recommends NMFS add harbor seals to the list of 
species and/or stocks incidentally killed or injured in the CA spiny 
lobster fishery based on a 2010 documented injury.
    Response: NMFS disagrees with this recommendation. We reviewed all 
sources of human-related injury and mortality of harbor seals from 2010 
through 2014 and there were no interactions with pot/trap gear. 
Although the record for this specific incident does indicate that a 
piece of lobster trap gear was attached to the line on the animal, 
lobster trap was not indicated as the cause of the interaction, the 
interaction type was a hook and line fishery. Entanglement in hook and 
line, not pot/trap, gear is consistent with other documented 
interactions with harbor seals.
    Comment 5: WCFC recommends NMFS classify CA spiny lobster as 
Category III. WCFC believes the 2008 bottlenose dolphin injury, which 
is driving the classification of this fishery, did not warrant serious 
injury designation. WCFC notes that there have been no documented 
interactions with bottlenose dolphins in the most recent five-year 
period.
    Response: The commenter's first point is outside the scope of the 
LOF. Serious injury determinations are made by NMFS consistent with the 
current Guidelines for Assessing Marine Mammal Stocks (GAMMS) and the 
2012 policy on assessing serious injury. The commenter should make any 
comments on injury determinations during the annual comment period for 
the relevant stock's SAR change. On the commenter's second point, there 
are no observers in the CA spiny lobster fishery. The interaction with 
the common bottlenose dolphin was based upon a stranding report and 
disentanglement effort. In 2015, there was an entanglement of a 
humpback whale in spiny lobster gear. This incident was not used in 
making our recommendations for the 2017 LOF because it was outside the 
5-year data period (2009-2013) we relied upon. When the 2015 
entanglement is included in the SAR and accounted for on the LOF, the 
entanglement will keep the spiny lobster trap fishery in Category II.
    Comment 6: CBD recommends NMFS reclassify the Gulf of Alaska 
sablefish longline fishery as a Category II fishery and add the western 
U.S. stock of Steller sea lions to the list of species incidentally 
killed or injured in the fishery. CBD stated their proposed 
reclassification should be based on the total annual mortality and 
serious injury of this stock due to fisheries (31), which is more than 
10 percent of the PBR (297). Therefore, the fishery should be listed as 
Category II. In addition, CBD reiterates its 2016 comment (81 FR 40874; 
June 23, 2016) about incidental take of sperm whales in the sablefish 
longline fishery. Four sperm whales were observed seriously injured 
incidental to the Gulf of Alaska sablefish longline fishery (two each 
observed in 2012 and 2013). However, NMFS did not provide extrapolated 
estimates of sperm whale mortality and serious injury. Nonetheless, 
using the extrapolation applied in 2012 for the mortality of western 
U.S. stock of Steller sea lions in this fishery would result in an 
estimated 11 sperm whales seriously injured in 2012. Observer coverage 
in 2013 (13 percent) was slightly less than in 2012 (14 percent), which 
according to

[[Page 3660]]

CBD means that a conservative estimate of sperm whales seriously 
injured in 2013 would likely be approximately 11. CBD expressed concern 
that PBR is said to be unknown for this stock of sperm whales in the 
stock assessment report. CBD noted the response to their 2016 comment 
said that NMFS would ``conduct a full evaluation of this stock and this 
fishery pursuant to the LOF'' and predicted that it would be done ``for 
the next annual LOF, likely the 2017 LOF.'' CBD requests NMFS now 
consider the information.
    Response: The single observed Steller sea lion mortality in 2012 
referenced in this comment is extrapolated and averaged over five years 
to account for inter-annual variability in the 5-year window being 
considered for the 2017 LOF (2009-2013). Therefore, the 5-year average 
annual mortality and serious injury estimate for the western U.S. stock 
of Steller sea lions specific to the Gulf of Alaska sablefish longline 
is 1.1 (CV = 0.91). Please refer to the preamble supplementary 
information of this Rule for clarification on the complete process 
under which commercial fisheries are annually categorized for the LOF. 
In short, the LOF analysis is conducted in a two-tier process. The Tier 
1 analysis assesses potential impacts to a particular marine mammal 
stock from all fisheries. NMFS compares the average annual mortality 
and serious injury estimates across fisheries to that stock's PBR. If 
the average annual mortality and serious injury estimate is greater 
than 10 percent of the PBR, NMFS considers the contribution of 
individual fisheries in the Tier 2 analysis. The Tier 2 analysis then 
compares mortality and serious injury by individual fisheries to that 
marine mammal stock's PBR and places the fishery in the appropriate LOF 
Category in accordance with established thresholds for Category I to 
III.
    The Tier 1 analysis of the western U.S. stock of Steller sea lions 
indicates the annual mortality and serious injury estimate from all 
fisheries (31) is greater than 10 percent of the PBR (297). Therefore, 
fisheries that interact with this stock are subject to a Tier 2 
analysis. The Tier 2 analysis for the Gulf of Alaska sablefish longline 
with an average annual mortality and serious injury of 1.1 western U.S. 
Steller sea lions (0.37 percent of PBR) results in the fishery being 
placed in Category III, as it is below the Category II threshold of 1 
percent of PBR.
    In regards to sperm whales, since the close of the proposed 2017 
LOF comment period, NMFS published the draft 2016 SARs (81 FR 70097; 
October 11, 2016). The sperm whale SAR now includes an average annual 
mortality and serious injury estimate (2.2). NMFS will consider this 
new estimate and evaluate the fishery for the 2018 LOF when the 2016 
SAR should be final.
    Comment 7: CFEC and ATA recommend NMFS leave the AK miscellaneous 
finfish handline/hand troll and mechanical jig fishery classified as 
Category III. The commenters note that there is no documentation to 
link the vessel to a commercial fishing trip and that the vessel was at 
anchor in safe harbor and not involved in the act of commercial 
fishing.
    Response: NMFS reviewed the available reports and data surrounding 
this incident. The vessel's crew identified themselves as Pacific cod 
jig fishermen, but it appears that this vessel did not land any Pacific 
cod fished by jig during the year that the incident took place (2013). 
Further, this vessel had only 7 reported landings in 2013, all in the 
Pacific cod pot fishery. However, these landings occurred outside the 
time frame of the incident. Specifically, the vessel landed Pacific cod 
(using pot gear) two weeks prior to the incident and not again until 
five months after the incident. Therefore, the interaction will not be 
assigned to the AK miscellaneous finfish handline/hand troll and 
mechanical jig fishery. This fishery will not be reclassified as 
Category II and will remain in Category III in the 2017 LOF Final Rule.
    Comment 8: CFEC and ATA recommend NMFS consider re-characterizing 
the fisheries grouped together in the AK miscellaneous finfish 
handline/hand troll and mechanical jig fishery.
    Response: NMFS agrees that AK miscellaneous finfish handline/hand 
troll and mechanical jig is currently grouped to include gear and 
fishing techniques too diverse to effectively evaluate potential risk 
to marine mammals. NMFS will review the characteristics of these 
fisheries and will propose a more appropriate characterization in the 
2018 LOF.

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

    Comment 9: CBD recommends NMFS add humpback whales to the list of 
species and/or stocks incidentally killed or injured in the 
Southeastern U.S. Atlantic shark gillnet fishery based on a 2012 
injury.
    Response: The 2012 gillnet entanglement of the humpback whale 
occurred in the Mid-Atlantic Gillnet Fishery (Waring et al., 2015). The 
humpback whale, Gulf of Maine stock is currently listed as a ``marine 
mammal species and/or stock incidentally killed or injured'' in the 
Mid-Atlantic gillnet fishery in the LOF.

Summary of Changes From the Proposed Rule

    NMFS retains AK miscellaneous finfish handline/hand troll and 
mechanical jig fishery as Category III and does not reclassify the 
fishery to Category II as proposed.

Summary of Changes to the LOF for 2017

    The following summarizes changes to the LOF for 2017, including the 
classification of fisheries, fisheries listed, the estimated number of 
vessels/persons in a particular fishery, and the species and/or stocks 
that are incidentally killed or injured in a particular fishery. NMFS 
re-classifies one fishery in the LOF for 2017. Additionally, NMFS adds 
one fishery to the LOF. NMFS is aware a new fishery, AK Gulf of Alaska 
sablefish pot, will be starting in 2017 and will characterize this 
fishery on the 2018 LOF. NMFS makes changes to the estimated number of 
vessels/persons and list of species and/or stocks killed or injured in 
certain fisheries. The classifications and definitions of U.S. 
commercial fisheries for 2017 are identical to those provided in the 
LOF for 2016 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 CA spiny lobster fishery from Category III to 
Category II. NMFS makes an administrative correction to list this 
fishery under Category II in Table 1. In the proposed rule, the fishery 
was mistakenly left as Category III.

Number of Vessels/Persons

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

[[Page 3661]]



----------------------------------------------------------------------------------------------------------------
                                                                          Number of  vessels/ Number of vessels/
             Category                              Fishery                  persons  (2016      persons  (2017
                                                                                 LOF)                LOF)
----------------------------------------------------------------------------------------------------------------
I.................................  HI deep-set longline................                 135                 139
II................................  HI shallow-set longline.............                  15                  20
II................................  American Samoa longline.............                  22                  20
III...............................  American Samoa bottomfish handline..                  17                  24
----------------------------------------------------------------------------------------------------------------

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

    NMFS adds the Hawaii stock of pygmy killer whale and removes the 
Hawaii pelagic stock of pantropical spotted dolphin on the list of 
stocks incidentally killed or injured in the Category I Hawaii deep-set 
longline fishery.
    NMFS adds the Hawaii stock of rough-toothed dolphin and removes the 
Hawaii stock of Kogia spp. on the list of stocks killed or injured in 
the Category II Hawaii shallow-set longline fishery.
    NMFS adds the Northeast Pacific stock of fin whale to the list of 
stocks killed or injured in the AK miscellaneous finfish handline/hand 
troll and mechanical jig fishery.
    NMFS adds the CA/OR/WA stock of short-finned pilot whale to the 
list of stocks incidentally killed or injured in the CA thresher shark/
swordfish drift gillnet (>=14 in mesh) fishery.

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

Addition of Fisheries

    NMFS adds the Northeast and Mid-Atlantic fyke net fishery to the 
list of Category III fisheries.

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  (2016      persons  (2017
                                                                                 LOF)                LOF)
----------------------------------------------------------------------------------------------------------------
I.................................  Mid-Atlantic Gillnet................                4063                3950
II................................  Chesapeake Bay Inshore Gillnet......                 272                 248
II................................  Gulf of Mexico Gillnet..............                 724                 248
II................................  NC Inshore Gillnet..................                1323                2850
II................................  Northeast Anchored Gillnet..........                 995                 852
II................................  Northeast Drift Gillnet.............                1567                1036
II................................  Southeast Atlantic Gillnet..........                 357                 273
II................................  Mid-Atlantic Mid-water Trawl........                 507                 382
II................................  Mid-Atlantic Bottom Trawl...........                 994                 785
II................................  Northeast Bottom Trawl..............                3132                2238
II................................  Southeastern U.S. Atlantic, Gulf of                 1282                1384
                                     Mexico Stone Crab Trap/Pot.
II................................  Atlantic Mixed Species Trap/Pot.....                3284                3436
II................................  Atlantic Blue Crab Trap/Pot.........                8557                7714
II................................  Mid-Atlantic Haul Beach Seine.......                 243                 359
II................................  NC Long Haul Seine..................                 372                  30
II................................  NC Roe Mullet Stop Net..............                  13                   1
II................................  VA Pound Net........................                  47                  26
----------------------------------------------------------------------------------------------------------------

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

    NMFS removes the Western North Atlantic stock of harbor seal from 
the list of species incidentally killed or injured in the Category I 
Northeast/Mid-Atlantic American lobster trap/pot fishery.
    NMFS removes Risso's dolphin, Western North Atlantic stock, and 
adds the Western North Atlantic stocks of harbor seal and gray seal to 
the list of species incidentally killed or injured in the Category II 
Mid-Atlantic Mid-water trawl fishery.
    NMFS adds the Canadian East coast stock of minke whale to the list 
of species incidentally killed or injured in the Category II Northeast 
midwater trawl fishery.
    NMFS removes the Canadian East coast stock of minke whale from the 
list of species incidentally killed or injured in the Category II 
Northeast bottom trawl fishery.
    NMFS removes the Western North Atlantic stock of short-finned pilot 
whale from the list of species incidentally killed or injured in the 
Category II Northeast sink gillnet fishery.
    NMFS removes the following stocks from the list of species 
incidentally killed or injured in the Category I Atlantic Ocean, 
Caribbean, Gulf of Mexico large pelagics longline fishery: Western 
North Atlantic stock of Atlantic spotted dolphin, Gulf of Mexico stock 
of Gervais beaked whale, Gulf of Mexico oceanic stock of killer whale, 
Western North Atlantic stock of Pantropical spotted dolphin, and Gulf 
of Mexico oceanic stock of sperm whale.
    NMFS adds unknown stock (likely Northern migratory coastal or 
Southern migratory coastal) of bottlenose dolphin to the list of stocks 
incidentally killed or injured in the Category II Chesapeake Bay 
inshore gillnet fishery.
    NMFS adds the Mississippi Sound, Lake Borgne, Bay Boudreau stock of 
bottlenose dolphin to the list of stocks incidentally killed or injured 
in the Category II Gulf of Mexico menhaden purse seine fishery.
    NMFS adds the Florida Keys stock of bottlenose dolphin to the list 
of stocks incidentally killed or injured in the Category III Florida 
spiny lobster trap/pot fishery.
    NMFS adds the Barataria Bay stock and the Mississippi Sound, Lake 
Borgne, Bay Boudreau stock of bottlenose dolphin to the list of stocks 
incidentally killed or injured in the Category III Gulf of Mexico blue 
crab trap/pot fishery.

[[Page 3662]]

Commercial Fisheries on the High Seas

Number of Vessels/Persons

    NMFS updates the estimated number of vessels/persons on the High 
Seas (Table 3) as follows:

----------------------------------------------------------------------------------------------------------------
                                                                          Number of  vessels/ Number of  vessels/
             Category                              Fishery                  persons  (2016      persons  (2017
                                                                                 LOF)                LOF)
----------------------------------------------------------------------------------------------------------------
I.................................  Western Pacific pelagic longline (HI                 135                 139
                                     deep-set component).
II................................  Atlantic highly migratory species                      1                   0
                                     drift gillnet.
II................................  South Pacific tuna purse seine......                  39                  38
II................................  South Pacific albacore troll                          15                  10
                                     longline.
II................................  South Pacific tuna longline.........                   8                   2
II................................  Western Pacific pelagic longline (HI                  15                  20
                                     shallow-set component).
II................................  Pacific highly migratory species                      50                  46
                                     handline/pole and line.
II................................  South Pacific albacore troll                           9                   7
                                     handline/pole and line.
II................................  Western Pacific pelagic handline/                      5                   2
                                     pole and line.
II................................  South Pacific albacore troll troll..                  38                  30
II................................  South Pacific tuna troll............                   5                   4
II................................  Western Pacific pelagic troll.......                  21                  17
III...............................  Pacific highly migratory species                     126                 114
                                     longline.
III...............................  Pacific highly migratory species                       8                   6
                                     purse seine.
III...............................  Pacific highly migratory species                     243                 187
                                     troll.
----------------------------------------------------------------------------------------------------------------

List of Species and/or Stocks Incidentally Killed or Injured on the 
High Seas

    NMFS adds the Hawaii stock of pygmy killer whale and removes the 
Hawaii pelagic stock of pantropical spotted dolphin on the list of 
stocks incidentally killed or injured in the Category I Western Pacific 
pelagic longline (HI deep-set component) fishery.
    NMFS adds the Hawaii stock of rough-toothed dolphin and removes the 
Hawaii stock of Kogia spp. on the list of stocks killed or injured in 
the Category II Western Pacific pelagic longline (HI shallow-set 
component) fishery.
    NMFS adds the CA breeding stock of northern elephant seal to the 
list of stocks killed or injured in the Category II Western Pacific 
pelagic longline (HI shallow-set component) fishery.

List of Fisheries

    The following tables set forth the list of U.S. commercial 
fisheries according to their classification under section 118 of the 
MMPA. Table 1 lists commercial fisheries in the Pacific Ocean 
(including Alaska), Table 2 lists commercial fisheries in the Atlantic 
Ocean, Gulf of Mexico, and Caribbean, Table 3 lists commercial 
fisheries on the high seas, and Table 4 lists fisheries affected by 
TRPs or TRTs.
    In Tables 1 and 2, the estimated number of vessels or persons 
participating in fisheries operating within U.S. waters is expressed in 
terms of the number of active participants in the fishery, when 
possible. If this information is not available, the estimated number of 
vessels or persons licensed for a particular fishery is provided. If no 
recent information is available on the number of participants, vessels, 
or persons licensed in a fishery, then the number from the most recent 
LOF is used for the estimated number of vessels or persons in the 
fishery. NMFS acknowledges that, in some cases, these estimates may be 
inflations of actual effort. 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

[[Page 3663]]

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:
    HI deep-set longline *                    139  Bottlenose dolphin,
     [caret].                                       HI Pelagic.
                                                   False killer whale,
                                                    MHI Insular.\1\
                                                   False killer whale,
                                                    HI Pelagic.\1\
                                                   False killer whale,
                                                    NWHI.
                                                   Pygmy killer whale,
                                                    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.
                                                   Short-finned pilot
                                                    whale, 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                      Long-beaked common
     in and <14 in) \2\.                            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.

[[Page 3664]]

 
    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, South
                                                    central AK.
                                                   Steller sea lion,
                                                    Western U.S.
    AK Cook Inlet salmon                      569  Beluga whale, Cook
     drift gillnet.                                 Inlet.
                                                   Dall's porpoise, AK.
                                                   Harbor porpoise,
                                                    GOA.\1\
                                                   Harbor seal, GOA.
                                                   Steller sea lion,
                                                    Western U.S.
    AK Peninsula/Aleutian                     162  Dall's porpoise, AK
     Islands salmon drift                          Harbor porpoise, GOA.
     gillnet \2\.                                  Harbor seal, GOA.
                                                   Northern fur seal,
                                                    Eastern Pacific.
    AK Peninsula/Aleutian                     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, South
                                                    central AK.
                                                   Steller sea lion,
                                                    Western U.S.\1\
    AK Southeast salmon drift                 474  Dall's porpoise, AK.
     gillnet.                                      Harbor porpoise,
                                                    Southeast AK.
                                                   Harbor seal,
                                                    Southeast AK.
                                                   Humpback whale,
                                                    Central North
                                                    Pacific.\1\
                                                   Pacific white-sided
                                                    dolphin, North
                                                    Pacific.
                                                   Steller sea lion,
                                                    Eastern U.S.
    AK yakutat salmon set                     168  Gray whale, Eastern
     gillnet \2\.                                   North Pacific.
                                                   Harbor Porpoise,
                                                    Southeastern AK.
                                                   Harbor seal,
                                                    Southeast AK.
                                                   Humpback whale,
                                                    Central North
                                                    Pacific (Southeast
                                                    AK).
    WA Puget Sound Region                     210  Dall's porpoise, CA/
     salmon drift gillnet                           OR/WA.
     (includes all inland                          Harbor porpoise,
     waters south of U.S.-                          inland WA.\1\
     Canada border and                             Harbor seal, WA
     eastward of the Bonilla-                       inland.
     Tatoosh line-Treaty
     Indian fishing is
     excluded).
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.

[[Page 3665]]

 
    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 spiny lobster.........                 194  Bottlenose dolphin,
                                                    CA/OR/WA offshore.
                                                   Humpback whale, CA/OR/
                                                    WA.
                                                   Gray whale, Eastern
                                                    North Pacific.
    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                           Killer whale, GOA,
     longline.                                      BSAI transient.\1\
                                                   Northern fur seal,
                                                    Eastern Pacific.
                                                   Ringed seal, AK.
    HI shallow-set longline *                  20  Blainville's beaked
     [caret].                                       whale, HI.
                                                   Bottlenose dolphin,
                                                    HI Pelagic.
                                                   False killer whale,
                                                    HI Pelagic.\1\
                                                   Humpback whale,
                                                    Central North
                                                    Pacific.
                                                   Risso's dolphin, HI.
                                                   Rough-toothed
                                                    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, South
                                                    central 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                      110  California sea lion,
     River (includes                                U.S.
     tributaries) drift                            Harbor seal, OR/WA
     gillnet.                                       coast.
    WA Willapa Bay drift                       82  Harbor seal, OR/WA
     gillnet.                                       coast.
                                                   Northern elephant
                                                    seal, CA breeding.
MISCELLANEOUS NET FISHERIES:
    AK Cook Inlet salmon                       83  Humpback whale,
     purse 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                       10  None documented.
     purse seine.

[[Page 3666]]

 
    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                       Harbor seal, Prince
     seine fisheries listed                         William Sound.
     elsewhere).
    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                       10  None documented.
     River 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.
    WA salmon net pens.......                  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                          92  Steller sea lion,
     Pacific. cod longline.                         Western U.S.
    AK Gulf of Alaska                          25  None documented.
     rockfish 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                         Steller sea lion,
     trawl.                                         Western U.S.
    AK Bering Sea, Aleutian                    72  Ringed seal, AK.
     Islands Pacific cod                           Steller sea lion,
     trawl.                                         Western U.S.
    AK Gulf of Alaska                          36  Northern elephant
     flatfish trawl.                                seal, North Pacific.
    AK Gulf of Alaska                          55  Steller sea lion,
     Pacific. cod trawl.                            Western U.S.

[[Page 3667]]

 
    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                          43  None documented.
     rockfish trawl.
    AK food/bait herring                        4  None documented.
     trawl.
    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                     2  None documented.
     of 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                                4  None documented.
     miscellaneous 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.
    AK Gulf of Alaska crab                    381  None documented.
     pot.
    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                       269  Humpback whale,
     shrimp 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.
    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  Fin whale, Northeast
     handline/hand troll and                        Pacific.
     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                  24  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                      0  None documented.
     jig.
HARPOON FISHERIES:
    CA swordfish harpoon.....                   6  None documented.
POUND NET/WEIR FISHERIES:

[[Page 3668]]

 
    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.
                                                   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/persons   incidentally killed
                                                         or injured
------------------------------------------------------------------------
                               CATEGORY I
------------------------------------------------------------------------
GILLNET FISHERIES:
    Mid-Atlantic gillnet.....               3,950  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.

[[Page 3669]]

 
    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.
                                                   White-sided dolphin,
                                                    WNA.
TRAP/POT FISHERIES:
    Northeast/Mid-Atlantic                 10,163  Humpback whale, Gulf
     American lobster trap/                         of Maine.
     pot.                                          Minke whale, Canadian
                                                    east coast.
                                                   North Atlantic right
                                                    whale, WNA.\1\
LONGLINE FISHERIES:
    Atlantic Ocean,                           234  Atlantic spotted
     Caribbean, Gulf of                             dolphin, GMX
     Mexico large pelagics                          continental and
     longline *.                                    oceanic.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    oceanic.
                                                   Bottlenose dolphin,
                                                    WNA offshore.
                                                   Common dolphin, WNA.
                                                   Cuvier's beaked
                                                    whale, WNA.
                                                   False killer whale,
                                                    WNA.
                                                   Harbor porpoise, GME,
                                                    BF.
                                                   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.
                                                   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\
------------------------------------------------------------------------
                               CATEGORY II
------------------------------------------------------------------------
GILLNET FISHERIES:
    Chesapeake Bay inshore                    248  Bottlenose dolphin,
     gillnet \2\.                                   unknown (Northern
                                                    migratory coastal or
                                                    Southern migratory
                                                    coastal).
    Gulf of Mexico gillnet                    248  Bottlenose dolphin,
     \2\.                                           GMX bay, sound, and
                                                    estuarine.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    coastal.
                                                   Bottlenose dolphin,
                                                    Western GMX coastal.
    NC inshore gillnet.......               2,850  Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.\1\
                                                   Bottlenose dolphin,
                                                    Southern NC
                                                    estuarine system.\1\
    Northeast anchored float                  852  Harbor seal, WNA.
     gillnet \2\.                                  Humpback whale, Gulf
                                                    of Maine.
                                                   White-sided dolphin,
                                                    WNA.
    Northeast drift gillnet                 1,036  None documented.
     \2\.
    Southeast Atlantic                        273  Bottlenose dolphin,
     gillnet \2\.                                   Central FL coastal.
                                                   Bottlenose dolphin,
                                                    Northern FL coastal.
                                                   Bottlenose dolphin,
                                                    SC/GA coastal.
                                                   Bottlenose dolphin,
                                                    Southern migratory
                                                    coastal.
    Southeastern U.S.                          30  Bottlenose dolphin,
     Atlantic 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                    382  Gray seal, WNA.
     trawl (including pair                         Harbor seal, WNA.
     trawl).                                       White-sided dolphin,
                                                    WNA.\1\
    Mid-Atlantic bottom trawl                 785  Bottlenose dolphin,
                                                    WNA offshore.
                                                   Common dolphin,
                                                    WNA.\1\
                                                   Gray seal, WNA.
                                                   Harbor seal, WNA.
                                                   Risso's dolphin,
                                                    WNA.\1\

[[Page 3670]]

 
    Northeast mid-water trawl               1,087  Common dolphin, WNA.
     (including pair trawl).                       Gray seal, WNA.
                                                   Harbor seal, WNA.
                                                   Long-finned pilot
                                                    whale, WNA.\1\
                                                   Minke whale, Canadian
                                                    East Coast.
    Northeast bottom trawl...               2,238  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.
                                                   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.                       1,384  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                       Biscayne Bay
     stone crab trap/pot \2\.                       estuarine.
                                                   Bottlenose dolphin,
                                                    Central FL coastal.
                                                   Bottlenose dolphin,
                                                    Eastern GMX coastal.
                                                   Bottlenose dolphin,
                                                    FL Bay.
                                                   Bottlenose dolphin,
                                                    GMX bay, sound,
                                                    estuarine (FL west
                                                    coast portion).
                                                   Bottlenose dolphin,
                                                    Indian River Lagoon
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    Jacksonville
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    Northern GMX
                                                    coastal.
    Atlantic mixed species                  3,436  Fin whale, WNA.
     trap/pot \2\.                                 Humpback whale, Gulf
                                                    of Maine.
    Atlantic blue crab trap/                7,714  Bottlenose dolphin,
     pot.                                           Central FL coastal.
                                                   Bottlenose dolphin,
                                                    Central GA estuarine
                                                    system.
                                                   Bottlenose dolphin,
                                                    Charleston estuarine
                                                    system.\1\
                                                   Bottlenose dolphin,
                                                    Indian River Lagoon
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    Jacksonville
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    Northern FL
                                                    coastal.\1\
                                                   Bottlenose dolphin,
                                                    Northern GA/Southern
                                                    SC estuarine system.
                                                   Bottlenose dolphin,
                                                    Northern Migratory
                                                    coastal.
                                                   Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.\1\
                                                   Bottlenose dolphin,
                                                    Northern SC
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    SC/GA coastal.
                                                   Bottlenose dolphin,
                                                    Southern GA
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    Southern Migratory
                                                    coastal.
                                                   Bottlenose dolphin,
                                                    Southern NC
                                                    estuarine system.
                                                   West Indian manatee,
                                                    FL.
PURSE SEINE FISHERIES:
    Gulf of Mexico menhaden                 40-42  Bottlenose dolphin,
     purse seine.                                   GMX bay, sound,
                                                    estuarine.
                                                   Bottlenose dolphin,
                                                    Mississippi Sound,
                                                    Lake Borgne, Bay
                                                    Boudreau.
                                                   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                   359  Bottlenose dolphin,
     seine.                                         Northern Migratory
                                                    coastal.\1\
                                                   Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.\1\
                                                   Bottlenose dolphin,
                                                    Southern Migratory
                                                    coastal.\1\
    NC long haul seine.......                  30  Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.\1\
                                                   Bottlenose dolphin,
                                                    Southern NC
                                                    estuarine system.
STOP NET FISHERIES:

[[Page 3671]]

 
    NC roe mullet stop net...                   1  Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system.
                                                   Bottlenose dolphin,
                                                    unknown (Southern
                                                    migratory coastal or
                                                    Southern NC
                                                    estuarine system).
POUND NET FISHERIES:
    VA pound net.............                  26  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                    unknown  Bottlenose dolphin,
     inshore 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.
    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/                      Humpback whale, Gulf
     harpoon.                                       of Maine.
    Southeastern U.S.                      >5,000  Bottlenose dolphin,
     Atlantic, Gulf of                              GMX continental
     Mexico, and Caribbean                          shelf.
     snapper-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/                        Bottlenose dolphin,
     hook-and-line.                                 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.
                                                   Bottlenose dolphin,
                                                    FL Keys.
    Gulf of Mexico blue crab                4,113  Bottlenose dolphin,
     trap/pot.                                      Barataria Bay.
                                                   Bottlenose dolphin,
                                                    Eastern GMX coastal.
                                                   Bottlenose dolphin,
                                                    GMX bay, sound,
                                                    estuarine.
                                                   Bottlenose dolphin,
                                                    Mississippi Sound,
                                                    Lake Borgne, Bay
                                                    Boudreau.
                                                   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                 unknown  None documented.
     trap/pot.
STOP SEINE/WEIR/POUND NET/
 FLOATING TRAP/FYKE NET
 FISHERIES:

[[Page 3672]]

 
    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.
    Northeast and Mid-                    unknown  None documented.
     Atlantic fyke net.
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                       15  None documented in
     seine.                                         the most recent five
                                                    years of data.
    Gulf of Mexico haul/beach             unknown  None documented.
     seine.
    Southeastern U.S.                          25  None documented.
     Atlantic 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                  unknown  None documented.
     dive, hand/mechanical
     collection.
    Gulf of Mexico, Southeast             unknown  None documented.
     Atlantic, Mid-Atlantic,
     and Caribbean cast net.
COMMERCIAL PASSENGER FISHING
 VESSEL (CHARTER BOAT)
 FISHERIES:
    Atlantic Ocean, Gulf of                 4,000  Bottlenose dolphin,
     Mexico, Caribbean                              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:

[[Page 3673]]

 
    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                   139  Bottlenose dolphin,
     (HI Deep-set component)                        HI Pelagic.
     * [caret].                                    False killer whale,
                                                    HI Pelagic.
                                                   Pygmy killer whale,
                                                    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                   0  Undetermined.
     Species.
TRAWL FISHERIES:
    Atlantic Highly Migratory                   1  Undetermined.
     Species **.
    CCAMLR...................                   0  Antarctic fur seal.
PURSE SEINE FISHERIES:
    South Pacific Tuna                         38  Undetermined.
     Fisheries.
    Western Pacific Pelagic..                   3  Undetermined.
LONGLINE FISHERIES:
    CCAMLR...................                   0  None documented.
    South Pacific Albacore                     10  Undetermined.
     Troll.
    South Pacific Tuna                          2  Undetermined.
     Fisheries **.
    Western Pacific Pelagic                    20  Blainville's beaked
     (HI Shallow-set                                whale, HI.
     component) * [caret].                         Bottlenose dolphin,
                                                    HI Pelagic.
                                                   False killer whale,
                                                    HI Pelagic.
                                                   Humpback whale,
                                                    Central North
                                                    Pacific.
                                                   Northern elephant
                                                    seal, CA breeding.
                                                   Risso's dolphin, HI.
                                                   Rough-toothed
                                                    dolphin, HI.
                                                   Short-beaked common
                                                    dolphin, CA/OR/WA.
                                                   Short-finned pilot
                                                    whale, HI.
                                                   Striped dolphin, HI.
HANDLINE/POLE AND LINE
 FISHERIES:
    Atlantic Highly Migratory                   3  Undetermined.
     Species.
    Pacific Highly Migratory                   46  Undetermined.
     Species.
    South Pacific Albacore                      7  Undetermined.
     Troll.
    Western Pacific Pelagic..                   2  Undetermined.
TROLL FISHERIES:
    Atlantic Highly Migratory                   2  Undetermined.
     Species.
    South Pacific Albacore                     30  Undetermined.
     Troll.
    South Pacific Tuna                          4  Undetermined.
     Fisheries **.
    Western Pacific Pelagic..                  17  Undetermined.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
LONGLINE FISHERIES:
    Northwest Atlantic Bottom                   1  None documented.
     Longline.
    Pacific Highly Migratory                  114  None documented in
     Species.                                       the most recent 5
                                                    years of data.
PURSE SEINE FISHERIES:

[[Page 3674]]

 
    Pacific Highly Migratory                    6  None documented.
     Species * [caret].
TRAWL FISHERIES:
    Northwest Atlantic.......                   1  None documented.
TROLL FISHERIES:
    Pacific Highly Migratory                  187  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 *.
                                         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.


[[Page 3675]]

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 (COI) requirements 
subject to the Paperwork Reduction Act. The COI 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). The requirement for reporting 
marine mammal mortalities or injuries has been approved by OMB under 
OMB control number 0648-0292 (0.15 hours per report). These estimates 
include the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the COI. Send comments regarding these reporting burden 
estimates or any other aspect of the COI, including suggestions for 
reducing burden, to NMFS 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 COI, subject to the requirements of the Paperwork 
Reduction Act, unless that COI 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 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 and 2014. 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' 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 Finding of No Significant Impact (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 ESA or their associated critical habitat. The 
impacts of numerous fisheries have been analyzed in various biological 
opinions, and this rule will not affect the conclusions of those 
opinions. The classification of fisheries on the LOF is not considered 
to be a management action that would adversely affect threatened or 
endangered species. If NMFS takes a management action, for example, 
through the development of a TRP, NMFS would consult under ESA section 
7 on that action.
    This 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

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Stock Assessments, 2015. NOAA Tech. Memo. NMFS-AFSC-323. 309 p.
Carretta, J.V., K.A. Forney, E. Oleson, K. Martien, M.M. Muto, M.S. 
Lowry, J. Barlow, J. Baker, B. Hanson, D. Lynch, L. Carswell, R.L. 
Brownell Jr., J. Roobins, D.K. Mattila, K. Ralls and M.C. Hill. 
2011. U.S. Pacific Marine Mammal Stock Assessments: 2010. NOAA 
Technical Memorandum NOAA-TM-NMFS-SWFSC-476. 357 p.
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Gilbert, J.R. and K.M. Wynne. 1985. Harbor seal populations and 
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McCracken, M.L. 2014. Assessment of Incidental Interactions with 
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of Fishing on Essential Fish Habitat. NOAA Technical Memorandum 
NMFS-NE-181.
Waring, G.T., E. Josephson, C.P. Fairfield and K. Maze-Foley, 
editors. 2006. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks 
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Assessments, 2014. NOAA Technical Memorandum NOAA-NE-231. 355 p.
Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 
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Assessments, 2015. NOAA Technical Memorandum NOAA-NE-238. 512 p.

    Dated: January 5, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-00250 Filed 1-11-17; 8:45 am]
 BILLING CODE 3510-22-P