List of Fisheries for 2019, 22051-22073 [2019-10139]

Download as PDF 22051 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations Community No. State and location Johnson County, Unincorporated Areas Oklahoma: Bethel Acres, Town of, Pottawatomie County. Calvin, Town of, Hughes County .......... Current effective map date 050441 June 28, 2005, Emerg; August 1, 2008, Reg; May 16, 2019, Susp. ......do ............... Do. 400346 June 16, 1989, Emerg; December 1, 1989, Reg; May 16, 2019, Susp. September 7, 1976, Emerg; March 1, 1987, Reg; May 16, 2019, Susp. August 12, 1977, Emerg; June 19, 1985, Reg; May 16, 2019, Susp. December 1, 2000, Emerg; September 3, 2010, Reg; May 16, 2019, Susp. July 9, 1976, Emerg; June 28, 1977, Reg; May 16, 2019, Susp. February 14, 1977, Emerg; September 1, 1981, Reg; May 16, 2019, Susp. November 29, 1976, Emerg; August 15, 1978, Reg; May 16, 2019, Susp. August 6, 1988, Emerg; December 1, 1989, Reg; May 16, 2019, Susp. February 26, 2002, Emerg; August 19, 2010, Reg; May 16, 2019, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. 400269 Checotah, City of, McIntosh County ..... 400238 Citizen Potawatomi Nation, Pottawatomie County. Dustin, Town of, Hughes County .......... 400553 400371 Eufaula, City of, McIntosh County ......... 400376 Holdenville, City of, Hughes County ..... 400244 Hughes County, Unincorporated Areas 400467 Kickapoo Tribe of Oklahoma, Lincoln, Oklahoma and Pottawatomie Counties. Lincoln County, Unincorporated Areas 400563 McIntosh County, Unincorporated Areas 400166 McLoud, City of, Pottawatomie County 400398 Oklahoma City, City of, Canadian, Cleveland, McClain, Oklahoma and Pottawatomie Counties. Pottawatomie County, Unincorporated Areas. Shawnee, City of, Pottawatomie County 405378 400457 400496 400178 Tecumseh, City of, Pottawatomie County. Wetumka, City of, Hughes County ........ Date certain federal assistance no longer available in SFHAs Effective date authorization/cancellation of sale of flood insurance in community 400179 400453 September 28, 1990, Emerg; February 3, 1993, Reg; May 16, 2019, Susp. January 24, 2011, Emerg; N/A, Reg; May 16, 2019, Susp. December 27, 1977, Emerg; October 16, 1987, Reg; May 16, 2019, Susp. March 19, 1971, Emerg; July 14, 1972, Reg; May 16, 2019, Susp. March 26, 1984, Emerg; June 1, 1988, Reg; May 16, 2019, Susp. April 2, 1975, Emerg; July 2, 1980, Reg; May 16, 2019, Susp. February 10, 1975, Emerg; July 16, 1980, Reg; May 16, 2019, Susp. December 5, 1977, Emerg; January 3, 1986, Reg; May 16, 2019, Susp. *-do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: May 2, 2019. Katherine B. Fox, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration—FEMA Resilience, Department of Homeland Security, Federal Emergency Management Agency. Atmospheric Administration (NOAA), Commerce. ACTION: BILLING CODE 9110–12–P DEPARTMENT OF COMMERCE khammond on DSKBBV9HB2PROD with RULES National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 180522499–9223–02] RIN 0648–BH96 List of Fisheries for 2019 National Marine Fisheries Service (NMFS), National Oceanic and VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 2019, as required by the Marine Mammal Protection Act (MMPA). The LOF for 2019 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. PO 00000 Frm 00003 Fmt 4700 Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. ADDRESSES: SUMMARY: [FR Doc. 2019–10190 Filed 5–15–19; 8:45 am] AGENCY: Final rule. The effective date of this final rule is June 17, 2019. DATES: Sfmt 4700 FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, Office of Protected Resources, 301–427–8402; Allison Rosner, Greater Atlantic Region, 978– 281–9328; Jessica Powell, Southeast Region, 727–824–5312; Dan Lawson, West Coast Region, 562–980–3209; Suzie Teerlink, Alaska Region, 907– 586–7240; Kevin Brindock, Pacific Islands Region, 808–725–5146. 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. E:\FR\FM\16MYR1.SGM 16MYR1 22052 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations 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)). khammond on DSKBBV9HB2PROD with RULES 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 (OSP). 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 VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 be placed in Category III (unless those fisheries interact with other stock(s) for which total annual mortality and serious injury is greater than 10 percent of PBR). Otherwise, these fisheries are subject to the next tier (Tier 2) of analysis to determine their classification. Tier 2: Tier 2 considers fisheryspecific mortality and serious injury for a particular stock. Category I: Annual mortality and serious injury of a stock in a given fishery is greater than or equal to 50 percent of the PBR level (i.e., frequent incidental mortality and serious injury of marine mammals). Category II: Annual mortality and serious injury of a stock in a given fishery is greater than 1 percent and less than 50 percent of the PBR level (i.e., occasional incidental mortality and serious injury of marine mammals). Category III: Annual mortality and serious injury of a stock in a given fishery is less than or equal to 1 percent of the PBR level (i.e., a remote likelihood of or no known incidental mortality and serious injury of marine mammals). Additional details regarding how the categories were determined are provided in the preamble to the final rule implementing section 118 of the MMPA (60 FR 45086; August 30, 1995). Because fisheries are classified on a per-stock basis, a fishery may qualify as one category for one marine mammal stock and another category for a different marine mammal stock. A fishery is typically classified on the LOF at its highest level of classification (e.g., a fishery qualifying for Category III for one marine mammal stock and for Category II for another marine mammal stock will be listed under Category II). Stocks driving a fishery’s classification are denoted with a superscript ‘‘1’’ in Tables 1 and 2. Other Criteria That May Be Considered The tier analysis requires a minimum amount of data, and NMFS does not have sufficient data to perform a tier analysis on certain fisheries. Therefore, NMFS has classified certain fisheries by analogy to other Category I or II fisheries that use similar fishing techniques or gear that are known to cause mortality 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 fishermen reports, stranding data, and the species and distribution of marine mammals in the area, or at the discretion of the Assistant Administrator for Fisheries (50 CFR 229.2). Further, eligible commercial fisheries not specifically identified on the LOF are deemed to be Category II fisheries until the next LOF is published (50 CFR 229.2). How does NMFS determine which species or stocks are included as incidentally killed or injured in a fishery? The LOF includes a list of marine mammal species and/or stocks incidentally killed or injured in each commercial fishery. The list of species and/or stocks incidentally killed or injured includes ‘‘serious’’ and ‘‘nonserious’’ documented injuries as described later in the List of Species and/or Stocks Incidentally Killed or Injured in the Pacific Ocean and the Atlantic Ocean, Gulf of Mexico, and Caribbean sections. To determine which species or stocks are included as incidentally killed or injured in a fishery, NMFS annually reviews the information presented in the current SARs and injury determination reports. The SARs are based upon the best available scientific information and provide the most current and inclusive information on each stock’s PBR level and level of interaction with commercial fishing operations. The best available scientific information used in the SARs and reviewed for the 2019 LOF generally summarizes data from 2011–2015. NMFS also reviews other sources of new information, including injury determination reports, bycatch estimation reports, observer data, logbook data, stranding data, disentanglement network data, fishermen self-reports (i.e., MMPA mortality/injury reports), and anecdotal reports from that time period. In some cases, more recent information may be available and used in the LOF. 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 E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations website: https://www.fisheries.noaa.gov/ national/fisheries-observers/nationalobserver-program. khammond on DSKBBV9HB2PROD with RULES indicating that undocumented interactions may be occurring (e.g., fishery has low observer coverage and stranding network data include evidence of fisheries interactions 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 Pacific and Alaska SAR includes an appendix with detailed descriptions of each Category I and II fishery on the LOF, including the observer coverage in those fisheries. For Atlantic fisheries, this information can be found in the LOF Fishery Fact Sheets. 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 website at: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/marinemammal-stock-assessment-reportsregion. 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’ website: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/listfisheries-summary-tables. Additional information on observer programs in commercial fisheries can be found on the NMFS National Observer Program’s VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 How do I find out if a specific fishery is in Category I, II, or III? The LOF includes three tables that list all U.S. commercial fisheries by Category. Table 1 lists all of the commercial fisheries in the Pacific Ocean (including Alaska); Table 2 lists all of the commercial fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean; and Table 3 lists all U.S. authorized commercial fisheries on the high seas. A fourth table, Table 4, lists all commercial fisheries managed under applicable TRPs or take reduction teams (TRT). Are high seas fisheries included on the LOF? Beginning with the 2009 LOF, NMFS includes high seas fisheries in Table 3 of the LOF, along with the number of valid High Seas Fishing Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues HSFCA permits only for high seas fisheries analyzed in accordance with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The authorized high seas fisheries are broad in scope and encompass multiple specific fisheries identified by gear type. For the purposes of the LOF, the high seas fisheries are subdivided based on gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to provide more detail on composition of effort within these fisheries. Many fisheries operate in both U.S. waters and on the high seas, creating some overlap between the fisheries listed in Tables 1 and 2 and those in Table 3. In these cases, the high seas component of the fishery is not considered a separate fishery, but an extension of a fishery operating within U.S. waters (listed in Table 1 or 2). NMFS designates those fisheries in Tables 1, 2, and 3 by a ‘‘*’’ after the fishery’s name. The number of HSFCA permits listed in Table 3 for the high seas components of these fisheries operating in U.S. waters does not necessarily represent additional effort that is not accounted for in Tables 1 and 2. Many vessels/participants holding HSFCA permits also fish within U.S. waters and are included in the number of vessels and participants operating within those fisheries in Tables 1 and 2. HSFCA permits are valid for five years, during which time 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 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 22053 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 https:// www.fisheries.noaa.gov/node/23351. 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’ website: https://www.fisheries.noaa.gov/ national/marine-mammal-protection/ marine-mammal-protection-act-listfisheries, linked to the ‘‘List of Fisheries Summary’’ 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. E:\FR\FM\16MYR1.SGM 16MYR1 22054 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations khammond on DSKBBV9HB2PROD with RULES 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 website http:// www.westcoast.fisheries.noaa.gov/ protected_species/marine_mammals/ fisheries_interactions.html. In the Alaska Region, authorization certificates may be obtained by visiting the National MMAP website https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/marinemammal-authorizationprogram#obtaining-a-marine-mammalauthorization-certificate. 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 website https:// www.greateratlantic.fisheries.noaa.gov/ mmap. In the Southeast Region, NMFS will issue vessel or gear owners an authorization certificate via U.S. mail automatically at the beginning of each calendar year. Vessel or gear owners can receive additional authorization certificates by contacting the Southeast Regional Office at 727–209–5952 or by visiting the National MMAP website: https://www.fisheries.noaa.gov/ national/marine-mammal-protection/ marine-mammal-authorizationprogram#obtaining-a-marine-mammalauthorization-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 VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 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, Greater Atlantic, and Southeast 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. Certificates can also be obtained from the region’s website. In the Pacific Islands regional fisheries, vessel or gear owners receive an authorization certificate by January 1 for state fisheries and with their permit renewal for Federal fisheries. In West Coast regional fisheries, vessel or gear owners receive authorization 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). Additional authorization certificates are available for printing on the National MMAP website: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/marinemammal-authorization-program# obtaining-a-marine-mammalauthorization-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, PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/marinemammal-authorization-program# reporting-a-death-or-injury-of-a-marinemammal-during-commercial-fishingoperations or by contacting the appropriate regional office (see FOR FURTHER INFORMATION). 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 are 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 safely 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 are found in 50 CFR 229.7. Am I required to comply with any marine mammal TRP regulations? Table 4 provides a list of fisheries affected by TRPs and TRTs. TRP regulations are found at 50 CFR 229.30 through 229.37. A description of each TRT and copies of each TRP can be E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations found at: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/marinemammal-take-reduction-plans-andteams. It is the responsibility of fishery participants to comply with applicable take reduction regulations. khammond on DSKBBV9HB2PROD with RULES 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: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/marinemammal-protection-act-list-fisheries, or from any NMFS Regional Office at the addresses listed below: NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930–2298, Attn: Allison Rosner; NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 33701, Attn: Jessica Powell; NMFS, West Coast Region, Long Beach Office, 501 W Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213, Attn: Dan Lawson; 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: Kevin Brindock. Sources of Information Reviewed for the 2019 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, VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 uncertainties in the science, research needs, and other issues. NMFS also reviewed other sources of new information, including marine mammal stranding and entanglement data, observer program data, fishermen self-reports, reports to the SRGs, conference papers, FMPs, and ESA documents. The LOF for 2019 was based on, among other things, stranding data; fishermen self-reports; and SARs, primarily the 2017 SARs, which are based on data from 2011–2015. The SARs referenced in this LOF include: 2015 (81 FR 38676; June 14, 2016), 2016 (82 FR 29039; June 27, 2017), and 2017 (83 FR 32093; July 11, 2018). The SARs are available at: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/marinemammal-stock-assessment-reportsregion. Comments and Responses NMFS received seven comment letters on the proposed LOF for 2019 (83 FR 53422; October 23, 2018). Comments were received from the Marine Mammal Commission (Commission), Hawaii Longline Association (HLA), Maine Lobstermen’s Association (MLA), two individuals, a joint letter from Lund’s Fisheries and The Town Dock, and a joint letter from Center for Biological Diversity (CBD), Humane Society of the United States (HSUS) and Whale and Dolphin Conservation (WDC). Responses to substantive comments are below; comments on actions not related to the LOF are not included. General Comments Comment 1: A commenter notes that NMFS discussed the factors used to classify fisheries by analogy on the LOF in the final 1996 LOF and acknowledges that fishing technologies have changed and improved since the 1996 final LOF. The commenter recommends NMFS update the factors used to classify fisheries by analogy on the LOF. Response: NMFS has classified fisheries by analogy on the LOF that use similar fishing techniques or gear that are known to cause mortality or serious injury of marine mammals. Fishery classification by analogy was discussed in the final LOF for 1996 (60 FR 67063; December 28, 1995), and the factors for classifying by analogy are listed in the regulatory definition of a ‘‘Category II fishery’’ in 50 CFR 229.2. The regulatory definition includes various factors to evaluate when classifying by analogy. 50 CFR 229.2 states, ‘‘In the absence of reliable information indicating the frequency of incidental mortality and serious injury PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 22055 of marine mammals by a commercial fishery, the Assistant Administrator will determine whether the taking is ‘‘occasional’’ 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.’’ If NMFS does not have enough information on the various factors listed above to complete a tier analysis, 50 CFR 229.2 states eligible commercial fisheries not specifically identified in the LOF are deemed to be Category II fisheries until the next list of fisheries is published. When classifying fisheries by analogy, NMFS applies this regulatory definition using the best available information when evaluating the other factors listed above. Therefore, NMFS is not updating the factors used to classify fisheries by analogy on the LOF. Comment 2: A commenter notes that NMFS annually reviews the information presented in the current SARs, injury determination reports and other sources of new information to determine which species or stocks are included on the LOF as incidentally killed or injured in a fishery. The commenter believes the 2011–2015 data summarized in the SAR and the additional other sources of information are insufficient for identifying the species or stocks incidentally killed or injured in a fishery. Response: When NMFS reviews the LOF annually, we use the best available scientific information including the SARs. The SARs provide the most current and inclusive information on each stock’s PBR level and level of interaction with commercial fishing operations. The MMPA requires NMFS to review the SARs at least annually for strategic stocks and stocks for which significant new information is available and at least once every three years for non-strategic stocks. NMFS publishes a notice of availability and solicits public comments on the draft SARs annually. Additionally, NMFS can use more recent data provided it has been peer reviewed and is publicly available. Comments on Commercial Fisheries in the Pacific Ocean Comment 3: CBD, HSUS and WDC support adding the North Pacific stock of sperm whales to the list of species and/or stocks incidentally killed or injured in the Alaska Bering Sea, Aleutian Islands halibut longline fishery. The commenters also recommend NMFS elevate the Alaska E:\FR\FM\16MYR1.SGM 16MYR1 khammond on DSKBBV9HB2PROD with RULES 22056 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations Bering Sea, Aleutian Islands halibut longline fishery to a Category I fishery because the mean estimated annual mortality (1.5 sperm whales) exceeds the PBR level in the proposed 2018 stock assessment report of 0.5 sperm whales. Response: NMFS has added the North Pacific stock of sperm whales to the list of species and/or stocks incidentally killed or injured in the Alaska Bering Sea, Aleutian Islands halibut longline fishery. NMFS uses the classification criteria described in the preamble to classify fisheries as Category I, Category II, or Category III. The 2019 LOF is based on the final 2017 SARs, which do not define a PBR for the North Pacific sperm whale stock. The draft 2018 SAR includes a PBR that applies to a small portion of the stock’s range and as such is considered an underestimate. Comment 4: CBD, HSUS and WDC recommend elevating the Gulf of Alaska sablefish longline fishery to a Category I fishery, because the mortality and serious injury of the North Pacific stock of sperm whales exceeds the PBR level of 0.5 sperm whales in the draft 2018 SARs. Response: See Response to Comment 3. Comment 5: CBD, HSUS and WDC support adding the Central North Pacific stock of humpback whale to the list of species and/or stocks incidentally killed or injured in the Category III AK Prince William Sound salmon set gillnet fishery. The commenters note, that unless there is genetic or photoidentification information to the contrary, the LOF should state that the two 2015 strandings were from the ESAlisted Mexico distinct population segment (DPS). NMFS is in the process of reviewing the humpback whale stock structure, and the commenters recommend that the LOF note the relevant humpback whale DPS until the stock structure review is finalized. Response: NMFS has added the Central North Pacific stock of humpback whale to the list of species and/or stocks incidentally killed or injured AK Prince William Sound salmon set gillnet fishery. Because only the Central North Pacific stock of humpback whale occurs in Prince William Sound, the two 2015 humpback whale M/SI reports in Prince William Sound were only applied to the Central North Pacific stock. As the commenters note, NMFS is in the process of reviewing the stock structure of humpback whales under the MMPA. Currently, the management units for humpback whales are not defined with the same delineations under the ESA VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 and MMPA. As the LOF is a requirement of the MMPA, it uses MMPA stocks as management units rather than referencing a species or DPS from the ESA. In cases where M/SI occurs in an area of overlapping stocks, the M/SI is assigned to both stocks. Comment 6: CBD, HSUS and WDC support adding the southern sea otter to the list of species and/or stocks incidentally killed or injured in the Category II California spiny lobster fishery. Response: NMFS has added the southern sea otter to the list of species and/or stocks incidentally killed or injured in the Category II California spiny lobster fishery as proposed. Comment 7: CBD, HSUS and WDC express concern that neither NMFS nor the California Department of Fish and Wildlife have attempted to monitor or estimate total marine mammal interactions in the California spiny lobster fishery since the fishery was listed as Category II. The commenters note that the Pacific Scientific Review Group recommended NMFS convene a take reduction team for fisheries that are known to entangle humpback whales along the West Coast and to evaluate the large number of entanglements to determine if they constitute an unusual mortality event. CBD, HSUS and WDC agree and request NMFS convene a take reduction team for all California pot and trap fisheries, including the California spiny lobster fishery. Response: NMFS acknowledges that opportunistic reports of whale entanglements provide only a minimum accounting of entanglements that may be occurring. Section 118(f)(3) of the MMPA provides that NMFS may prioritize convening take reduction teams and developing TRPs when insufficient funding is available. MMPA section 118(f)(3) contains specific priorities for developing TRPs. NMFS has insufficient funding available to simultaneously develop and implement TRPs for all strategic stocks that interact with Category I or Category II fisheries. As provided in MMPA section 118(f)(6)(A) and (f)(7), NMFS uses the most recent SAR and LOF as the basis to determine its priorities for establishing TRTs and developing TRPs. In addition, NMFS continues to collect data to categorize fixed gear fisheries and assess their risk to large whales off the U.S. west coast. Accordingly, given these factors and NMFS’ priorities, implementation of developing a TRP for the California spiny lobster fishery and other similar Category II fisheries has been deferred under section 118 as other stocks/ fisheries are a higher priority for any PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 available funding for establishing new TRPs. Comment 8: CBD, HSUS and WDC support adding the Eastern North Pacific stock of blue whales to the list of species and/or stocks incidentally killed or injured in the Category II CA Dungeness crab pot fishery. The commenters recommend that the final 2019 LOF include the three prorated serious injuries (2.25 serious injuries) that were caused by an unidentified fishery interaction in 2015 and 2016. The commenters note that 4.25 blue whales were seriously injured in 2015 and 2016 in fishing gear, and that the annual average, calculated over five years, is 0.85 blue whales, or 37 percent of the PBR level. Because the CA Dungeness crab pot fishery is the only known fishery to interact with blue whales, the commenters request that NMFS attribute all of these interactions to the CA Dungeness crab pot fishery for the purposes of the LOF. Response: NMFS has added the Eastern North Pacific stock of blue whales to the list of species and/or stocks incidentally killed or injured in the CA Dungeness crab pot fishery based on documented entanglements. NMFS appreciates that the commenters have provided a proration for three serious injuries in unidentified fishing gear in 2015 and 2016, but this analysis is not included in the final 2017 SAR. The final 2017 SAR (Carretta et al., 2018) and Human-Related Serious Injury and Mortality Report (Carretta et al., 2018a) for the Eastern North Pacific stock of blue whales do not provide or report on any established methodology for assigning mortality or serious injury or mortality from entanglements with unidentified gear. Further, the gear from the 2015 entangled whale was consistent with several deep-set fisheries that do not include the CA Dungeness crab pot fishery (Carretta et al., 2018a). Comment 9: CBD, HSUS and WDC recommend that NMFS elevate the CA Dungeness crab pot fishery to a Category I fishery. Commenters note that in 2018, three confirmed blue whale entanglements were reported as of October, one of which was attributed to the CA Dungeness crab pot fishery. As previously noted in Comment 8, they believe blue whale entanglements in unidentified pot/trap fisheries should be attributed to the CA Dungeness crab pot fishery. CBD, HSUS and WDC cite a 2013 NMFS Technical Memorandum that states the highest risk of blue whale entanglement was with the Dungeness crab pot fishery from October to December around San Francisco Bay E:\FR\FM\16MYR1.SGM 16MYR1 khammond on DSKBBV9HB2PROD with RULES Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations and Bodega Bay. Without changes to the fishery at the opening of the season, the commenters believe blue whale entanglements are likely to continue to occur because of the co-occurrence of blue whales and the California Dungeness crab pot fishery. Response: NMFS does not assign M/ SI to a particular fishery unless there is documented evidence that the fishery is responsible for the M/SI. We continue to use the information provided in the SARs for classifying fisheries on the LOF. We appreciate the reference to analysis conducted by NMFS regarding the co-occurrence of whales and fixed fishing gear along the U.S. West Coast (Saez et al., 2013). However, management of commercial and recreational fisheries are outside the scope of the LOF. Comment 10: A commenter recommends using permitting data and fisheries self-reported fishing activity data as a more effective way to track the estimated number of vessels/persons in the American Samoa bottomfish handline fishery. Response: There are no Federal permitting requirements for the bottomfish handline fishery in American Samoa. The number of fishers was estimated by using the average number of fishers per trip multiplied by the number of trips per day times the numbers of dates in the calendar year by gear type; the total was a combination of weekend and weekday stratum estimates. This method can be found in the most recent Annual Stock Assessment and Fishery Evaluation Report for American Samoa (WPRFMC, 2017). The current method provides the most accurate means of estimating participation given available data. Comment 11: With respect to NMFS’ proposal to remove the Main Hawaiian Islands (MHI) Insular stock of false killer whales from the list of species and/or stocks incidentally killed or injured in the Category I Hawaii deepset longline fishery, the HLA supports the proposal while the Commission does not support the proposal. The Commission notes that although no interactions were definitively attributed to MHI Insular false killer whales during the timeframe for the 2019 LOF, the 2017 SAR for the Hawaii false killer complex indicated that there was a small probability of the fishery interacting with MHI Insular false killer whales in 2011 and 2012. The Commission also notes that small numbers of interactions between MHI Insular false killer whales and the deepset longline fishery may have occurred in the last 12 years (NMFS SARs 2012– VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 2017) and rare events, such as interactions between the deep-set longline fishery and the MHI Insular stock, can go undetected for years, especially when observer coverage is low. The Commission also notes that three interactions within or close to the known range of the MHI Insular stock were documented in 2018 (data presented to the False Killer Whale Take Reduction Team) and field observations of MHI Insular false killer whales continue to document ‘line’ scars that are consistent with injuries sustained through interaction with longline gear, some of which could have been from the deep-set longline fishery. Therefore, the Commission recommends that NMFS retain MHI Insular false killer whales on the list of stocks incidentally killed or injured in the deep-set longline fishery. Response: In the proposed LOF for 2019, NMFS proposed removing MHI Insular false killer whales from the list of species and/or stocks incidentally killed or injured in the Category I Hawaii deep-set longline fishery, primarily because no mortality or serious injuries from the insular stock had been observed from 2013 through 2017, according to the 2017 SAR. In those five years, only six false killer whale mortalities and serious injuries were observed inside the exclusive economic zone (EEZ). However, between February 8, 2018, and January 15, 2019, six additional false killer whale mortality and serious injuries have been observed inside the EEZ. Three of these mortalities and serious injuries occurred close to the outer boundary of the Main Hawaiian Islands Longline Fishing Prohibited Area, in close proximity to the outer boundary of the MHI Insular false killer whale stocks’ range. While the interactions occurred within the pelagic stock boundary, the interactions have not yet been evaluated for assignment to insular or pelagic stocks in the SAR. The recent occurrence of three mortalities and serious injuries over a relatively short time period near the outer range of the insular stock has led us to reconsider our proposal to remove the insular stock from the list of stocks incidentally killed or injured by the deep-set longline fishery prior to SAR evaluation. As noted in the section of the LOF proposed rule describing how NMFS determines which species or stocks are included as incidentally killed or injured in a fishery, for fisheries with no observer coverage and for observed fisheries with evidence indicating that undocumented interactions may be occurring (e.g., fishery has evidence of fisheries interactions that cannot be PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 22057 attributed to a specific fishery and stranding network data include evidence of fisheries interactions that cannot be attributed to a specific fishery), stocks may be retained for longer than five years. For these fisheries, NMFS will review the other sources of relevant information to determine when it is appropriate to remove a species or stock. The MHI Insular false killer whale’s range overlaps with areas that are open to deep-set longline fishing and MHI Insular false killer whales have been documented with injuries consistent with fisheries interactions that have not been attributed to a specific fishery (Baird et al., 2014). Although the SARs are based on the best available scientific information and provide the most current and inclusive information on each stock, including range, abundance, PBR, and level of interaction with commercial fishing operations, NMFS also reviews other sources of information, including injury determination reports, bycatch estimation reports, observer data, logbook data, stranding data, disentanglement network data, and anecdotal reports from that time period. The six recent observed false killer whale mortalities and serious injuries that occurred in 2018 and 2019, including three near the outer boundary of the insular false killer whale’s range, have not yet been incorporated in the SARs. These 2018 and 2019 false killer whale mortalities and serious injuries will be more fully evaluated in future SARs. Nevertheless, these interactions are relevant information that persuade us to maintain the insular false killer whale stock in the LOF at this time, pending a full analysis of these interactions in a future SAR. For the above reasons, NMFS has decided to retain the MHI Insular false killer whale stock on the list of species and/or stocks killed or injured incidental to the HI deep-set longline fishery. Comment 12: The HLA restates a previous comment that the Hawaii deep-set longline fishery does not interact with the Northwestern Hawaiian Islands (NWHI) stock of false killer whales. HLA notes that (a) the False Killer Whale Take Reduction Plan closed the deep-set longline fishery for almost the entire range of the MHI insular and NWHI stocks, (b) since this change was made in 2013 there have been no interactions between the fishery and an animal from either stock, and (c) there has never been a deep-set longline fishery interaction in the very small area of the stocks’ respective ranges that are not closed to longline fishing. HLA requests that NMFS remove these the E:\FR\FM\16MYR1.SGM 16MYR1 khammond on DSKBBV9HB2PROD with RULES 22058 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations NWHI stock of false killer whales from the list of species and/or stocks incidentally killed or injured in the Category I Hawaii deep-set longline fishery. Response: This comment has been addressed previously (see 78 FR 53336, August 29, 2013, comment 11; 79 FR 14418, March 14, 2014, comment 4; 79 FR 77919, December 29, 2014, comment 2; 81 FR 20550, April 8, 2016, comment 5; and 83 FR 5349, February 7, 2018, comment 21). NMFS determines which species or stocks are included as incidentally killed or injured in a fishery by annually reviewing the information presented in the current SARs, among other relevant sources. The SARs are based on the best available scientific information and provide information on each stock, including range, abundance, PBR, and level of interaction with commercial fishing operations. The 2019 LOF is based on the 2017 SARs, which report fishery interactions from 2011–2015; this is the best scientific and commercial information available for the time period examined. As reported in the 2017 SAR, nine false killer whales were taken in the deep-set longline fishery within the Hawaiian EEZ between 2011 and 2015, two occurred within the pelagic-NWHI overlap zone. Applying the proration methods described in detail in the 2017 SAR for takes in overlap zones, NMFS estimates a five-year average mortality and serious injury level of 0.4 NWHI false killer whales per year incidental to the Hawaii-based deep-set longline fishery from 2011–2015 (Carretta et al., 2018). NMFS retained the NWHI stock of false killer whales on the list of species and/or stocks incidentally killed or injured in the Category I Hawaii deep-set longline fishery. Comment 13: HLA recommends NMFS reclassify the Hawaii shallow-set longline fishery as a Category III fishery. HLA notes that the Hawaii shallow-set longline fishery has 100% observer coverage and only one serious injury has been observed in the EEZ since 2008. HLA states the 2017 SAR attributes a 0.1 M/SI to the shallow-set longline fishery for the pelagic stock of false killer whales in the U.S. EEZ. However, the 0.1 M/SI rate is derived entirely from a 2012 interaction that NMFS was unable to make a serious injury determination and was given a cannot be determined (CBD) determination. This CBD was then prorated as 0.3 M/SI because, in the previous five years, there were three interactions between the shallow-set longline fishery and the pelagic false killer whale stock in the EEZ. HLA VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 believes if the 2012 CBD interaction is prorated based upon the five-year lookback period used in the 2017 SAR (2011–2015), then the M/SI rate would be 0.0 because there were only two other interactions from 2011–2015, both of which were determined to be nonserious. Therefore, HLA recommends the shallow-set longline fishery should be reclassified as a Category III fishery. Response: This comment has been addressed previously (see 83 FR 5349, February 7, 2018, comment 26). NMFS uses the classification criteria described in the preamble to classify fisheries as Category I, Category II, or Category III. A fishery is classified under Category II if the annual mortality and serious injury of a stock in a given fishery is greater than 1 percent and less than 50 percent of the stock’s PBR level. Additional details regarding categorization of fisheries is provided in the preamble to the final rule implementing section 118 of the MMPA (60 FR 45086; August 30, 1995). The false killer whale interaction in 2012 that resulted in a ‘‘CBD’’ determination was prorated following the methods described in the 2016 SAR (Carretta et al., 2017), which prorates serious versus non-serious injuries using the historic rate of serious injury while accounting for changes in gear following implementation of the False Killer Whale Take Reduction Plan in 2013. This proration resulted in a 0.3 M/SI for the pelagic false killer whale stock as reported in the 2016 SAR, which is 1.07 percent of PBR and within the range of 1–50 percent of PBR, requiring NMFS to classify the fishery as a Category II fishery consistent with section 118 of the MMPA. Comment 14: HLA restates a previous comment opposing the inclusion of the Hawaii stock of Kogia species (Hawaii) on the list of species and/or stocks incidentally killed or injured in the Hawaii deep-set longline fishery. HLA requests that NMFS remove Kogia species from the list of species and/or stocks incidentally killed or injured in the deep-set longline fishery, because the 2017 SAR does not identify any observed interactions between either of the Hawaii Kogia stocks and the deepset longline fishery. Response: Although the 2013 SAR does not include observed interactions with Hawaii pygmy whales and dwarf sperm whales, a Kogia spp. M/SI was observed in the Hawaii deep-set longline fishery on February 25, 2014, resulting in a serious injury (Carretta et al., 2017a). The 2017 SAR did not include updates to Kogia spp.; NMFS plans to update the Kogia spp. stock assessment in the 2018 SAR. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Comments on Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean Comment 15: Lund’s Fisheries and The Town Dock note the longfin small mesh bottom trawl squid fishery is included on the LOF in both of the Category II Northeast and mid-Atlantic bottom trawl fisheries. In 2018, the Marine Stewardship Council determined that the U.S. Northeastern Longfin Inshore Squid Small Mesh Bottom Trawl Fishery, harvested by small mesh bottom trawls in U.S. waters between the Gulf of Maine and Cape Hatteras, NC, was certified as a sustainable fishery. The commenters request NMFS conduct a tier analysis of long-finned pilot whale mortality and serious injury in the small mesh and large mesh bottom trawl fisheries and consider classifying the small mesh and large mesh bottom trawl fisheries as separate fisheries on the LOF. Response: NMFS received the request for an updated assessment for longfinned pilot whales and the subsequent request to use this information for analyses under the LOF, including splitting the bottom trawl fishery based on mesh size. At this time, we are unable to provide an update to the LOF classifications impacted by long-finned pilot whale bycatch without further information about pilot whale abundance in Canada. Updated Canadian stock assessments are currently being calculated and are expected in 2019. Future SARs will include updates to the pilot whale assessments as information becomes available. Comment 16: The Commission does not agree with NMFS’ proposal to remove the Western North Atlantic stock of gray seals from the list of species and/or stocks incidentally killed or injured in the Category II midAtlantic mid-water trawl fishery. The Commission recommends NMFS retain the Western North Atlantic stock of gray seals on the list of species and/or stocks incidentally killed or injured because NMFS’ guidelines allow it to keep a stock with no deaths or injuries within the LOF timeframe on the list if there was no observer coverage of the fishery, or if there is evidence to suggest that undocumented interactions are occurring. Although there was observer coverage of the mid-Atlantic mid-water trawl fishery during the 2019 LOF timeframe, that coverage was nominal— just 2 to 6 percent. As previously noted by the Commission, rare mortality or serious injury events can be missed for several years, especially when observer coverage is extremely low. The E:\FR\FM\16MYR1.SGM 16MYR1 khammond on DSKBBV9HB2PROD with RULES Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations Commission also notes the 2018 draft SAR for Western North Atlantic gray seals documented continued strandings within the range of the mid-Atlantic mid-water trawl fishery, and some of these stranding had signs of fisheries interactions. Therefore, the Commission recommends that NMFS retain Western North Atlantic gray seals on the list of stocks incidentally killed or injured in the mid-Atlantic mid-water trawl fishery. Response: In general, species are listed as incidentally killed or injured in a particular fishery based on data observed from the last five years. The list contained in the LOF is not intended to serve as a historical overview of takes as that data is available in individual species SARs as well as Appendix III. From 2011–2015, no mortalities or injuries of gray seals were observed or reported in the mid-Atlantic mid-water trawl fishery (Hayes et al., 2018). During this time-frame, the estimated percent observer coverage (trips) for the midAtlantic midwater trawl fishery was 41, 21, 7, 5, and 3%, respectively. Observer coverage includes both observers and atsea monitors and averages 15.8% from 2011–2015. While strandings may occur in areas that overlap with the range of the mid-Atlantic mid-water trawl fishery, there are also several other fisheries that operate in this area. There is no evidence to support that these strandings were caused by the midAtlantic mid-water trawl fishery specifically. The removal of the Western North Atlantic stock of gray seals from the list of species incidentally killed or injured (Table 2) in this fishery does not impact the categorization of the fisheries in question as other species taken are driving the current categorization. NMFS will annually monitor bycatch of marine mammals in the Mid-Atlantic Mid-water trawl fishery, and will make adjustments to Table 2 should takes occur again in the future. NMFS has removed the Western North Atlantic stock of gray seals from the list of species and/or stocks incidentally killed or injured in the Category II midAtlantic mid-water trawl fishery. Comment 17: The MLA requests NMFS reclassify the Maine lobster fishery as a stand-alone fishery, instead of including the fishery as part of the broader Category I Northeast/midAtlantic American lobster pot fishery. MLA notes that the Maine lobster fishery is the largest lobster fishery, representing 83 percent of U.S. American lobster landings (NOAA Commercial Fisheries Statistics), and data concerning the Maine lobster fishery’s interaction with endangered VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 large whales should be separated from that of other fishery regions with different levels of endangered large whale interactions. MLA states that in 2017, the state of Maine issued 5,900 lobster licenses. The majority (4,700) are small operations fishing seasonally from May through November within state waters. MLA notes the 2018 draft North Atlantic right whale SAR identifies 28 individual serious injury and mortality cases from 2012 to 2016. Of these cases, two were attributed to the Canadian snow crab fishery, one to a U.S. trap/pot fishery and one to an unknown U.S. fishery where no gear was recovered. The gear in the other 24 cases could not be attributed to a particular fishery or country and nine had no gear present at all. MLA states that based on NMFS entanglement records from 2000 to 2018, there has been only one right whale (#3120) confirmed entangled in Maine gear in April 2002 and the entanglement did not result in a mortality or serious injury. The only other record of Maine gear listed in the NMFS entanglement database relates to right whale #3146. However, the Maine lobster gear was a minor portion of a large gear ball the whale had been carrying and was not the primary entanglement. MLA believes that based on recent data showing a shift in right whale distribution away from the Gulf of Maine, and lack of data on interactions between Maine lobster gear and right whales, NMFS should list the Maine state waters lobster fishery as a Category III fishery, and the Maine Federal waters lobster fishery as a Category II fishery. Response: Entanglement in trap/pot gear is one of the largest threats that North Atlantic large whales face and attributing gear from entanglement events to a specific fishery and geographic location is difficult. The long distances the whales travel and transport gear before being sighted; rarity of actually sighting an entangled whale compared to the estimated entanglement rates; lack of adequate observer coverage on trap/pot fisheries, particularly state trap/pot fisheries; challenges in recovering gear if a whale is disentangled; and low likelihood that recovered gear is marked with an adequate location identifier all complicate our ability to identify discrete locations where entanglements occur. The Atlantic Large Whale Take Reduction Team (Team) has spent many meetings and years grappling with this problem. NMFS introduced the concept of gear marking in 1998 under the PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 22059 Atlantic Large Whale Take Reduction Plan (Plan). The gear marking strategy has been continually updated over the past two decades, with the more recent refinements being added in 2015 to continue helping determine where the highest risk of entanglement occurs. However, despite the current gear marking requirements, recovering gear entangling whales that possesses gear marks has remained low. This may indicate that whales are becoming entangled in areas where gear marking is not currently required or that the current gear marking strategy is inadequate to determine the spatial risk of where entanglements occur. Through the Team process, we are exploring additional ways to continue refining gear marking to help address these important questions. While recovering marked gear from entangled large whales is rare, there were three documented cases between 2011–2016 where gear was recovered from disentangled North Atlantic right whales that were marked with red markings. Under the Plan gear marking requirements, this red marking represents the Northern Inshore State Waters and Northern Nearshore trap/pot Atlantic Large Whale Take Reduction Plan management areas, which includes areas where Maine lobstermen fish. Specifically, both areas are large and incorporate waters off Massachusetts, New Hampshire; and offshore. Both areas also overlap Maine state waters and Federal waters where Maine lobstermen operate. The specific trap/ pot gear from two of these entanglements could not be identified. However, gear from one of the entanglement events (the 2016 event) with red markings was identified as lobster gear. With increased gear marking in the future, we will be better able to determine if fisheries in specific geographic areas should be reviewed for changes to categorization on the LOF. We commend the state of Maine for pursuing additional gear marking independent of the Team process. Additionally, if Maine state and Federal fisheries implement gear modifications to eliminate risk to large whales, such as vertical lineless technologies, we would evaluate that fishing gear according to the level of risk posed to marine mammals especially if it that risk is different from traditional fishing gear. Comment 18: CBD, HSUS and WDC request NMFS consider the impacts of the mid-Atlantic gillnet fishery on the endangered North Atlantic right whale, because there is a clear analog in the mid-Atlantic to risk that is well known in the Northeast. The commenters E:\FR\FM\16MYR1.SGM 16MYR1 khammond on DSKBBV9HB2PROD with RULES 22060 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations recommend adding the North Atlantic right whale to the list of stocks incidentally killed or injured in the mid-Atlantic gillnet fishery. The commenters note that survey data, as well as opportunistic sightings and stranding data, suggest that right whales use the waters south of Nantucket and Martha’s Vineyard yearround. According to the Northeast Fisheries Management Council, these waters are also a high use area for gillnet and pot/trap fisheries. CBD, HSUS and WDC note right whales are known to interact with gillnet fisheries and appear to do so disproportionately to other gear types. For example, 33 percent (8/24) of the right whale entanglement cases documented between 2010 and 2013 were in gear consistent with the gillnet fishery. CBD, HSUS and WDC also note the distribution of right whales has dramatically shifted since 2010, likely in response to changes in climate and prey availability. As a result, it would appear that right whales’ year-round use of the potentially productive waters in the mid-Atlantic is likely to increase and, as a result, so will their risk of entanglement in gillnets in the area. This increased risk to right whales should be considered in the categorization of the mid-Atlantic gillnet fishery. Response: The mid-Atlantic gillnet fishery is listed as a Category I fishery in the 2019 LOF. The list of species and/ or stocks incidentally killed or injured in the mid-Atlantic gillnet fishery includes those species the fishery has killed/injured during the last five years. The North Atlantic right whale is not included in this list because we do not have information that links this fishery to an entangled right whale from 2011– 2015 (Hayes et al., 2018). As previously stated, Table 2 does not serve as a historical reference of takes within a fishery or serve as an inclusive list for potential risk a fishery poses to species. Between 2011–2015, there were two North Atlantic right whale entanglements in gillnet gear where the specific fishery and location of the entanglement could not be identified. In this timeframe, there were an additional 22 entanglements where the entangling gear and location could not be identified. Because North Atlantic right whales entanglements have been documented in unidentified gillnet gear, we acknowledge that gillnets throughout the range pose a threat of entanglement or serious injury to this species, especially given the level of uncertainty regarding where large whale entanglements occurs. We recognize this risk by including this fishery in VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 management efforts associated with the Atlantic Large Whale Take Reduction Team and Plan (see Table 4). Comment 19: CBD, HSUS and WDC support adding the northern Gulf of Mexico stock of sperm whales to the list of species and/or stocks incidentally killed or injured in the Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery and recommends adding a reference in the LOF to support this change. Response: NMFS has added the northern Gulf of Mexico stock of sperm whales to the list of species and/or stocks incidentally killed or injured in the Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery as proposed. Additional information about the northern Gulf of Mexico sperm whale entanglement in the pelagic longline fishery is available in NOAA Technical Memorandum, NOAA NMFS–SEFSC–709 (Garrison and Stokes, 2017). Comments on Aquaculture Comment 20: In response to NMFS’ request for information on existing and anticipated gear types used for coastal and offshore aquaculture facilities, CBD, HSUS and WDC provided information on finfish, longline, marine algae and shellfish aquaculture. CBD, HSUS and WDC commented on the risk of cetacean entanglements in fish pens, longline aquaculture, marine algae culture and shellfish aquaculture fixed gear. CBD, HSUS and WDC noted two humpback whales were entangled in a single Canadian aquaculture array in 2016. Both whales were reportedly entangled in the array’s anchorage system with at least one of the whales dying as a result of the entanglement. In addition, an endangered North Pacific right whale was found seriously entangled in a shellfish aquaculture array in Korea. Response: NMFS thanks the commenters for providing this information on various aquaculture operations and will review and consider it in future LOFs. Summary of Changes to the LOF for 2019 The following summarizes changes to the LOF for 2019, including the estimated number of vessels/persons in a particular fishery, and the species and/or stocks that are incidentally killed or injured in a particular fishery. The classifications and definitions of U.S. commercial fisheries for 2019 are identical to those provided in the LOF for 2018. State and regional abbreviations used in the following paragraphs include: AK (Alaska), BSAI (Bering Sea and Aleutian Islands), CA (California), DE (Delaware), FL (Florida), GOA (Gulf of Alaska), GMX (Gulf of Mexico), HI (Hawaii), MA (Massachusetts), ME (Maine), NC (North Carolina), NY (New York), OR (Oregon), RI (Rhode Island), SC (South Carolina), VA (Virginia), WA (Washington), and WNA (Western North Atlantic). Commercial Fisheries in the Pacific Ocean Fishery Name and Organizational Changes and Clarification NMFS adds a superscript ‘‘1’’ to the CA/OR/WA stock of short-finned pilot whale to indicate it is driving the Category II classification of the CA thresher shark/swordfish drift gillnet (≥14 inch (in) mesh). Number of Vessels/Persons NMFS updates the estimated number of vessels/persons in the Pacific Ocean (Table 1) as follows: Category I • HI deep-set longline fishery from 143 to 142 vessels/persons Category II • HI shallow-set longline fishery from 22 to 13 vessels/person • American Samoa longline fishery from 18 to 20 vessels/persons Category III • American Samoa bottomfish handline from 17 to 1092 vessels/person. Summary of Changes From the Proposed Rule List of Species and/or Stocks Incidentally Killed or Injured in the Pacific Ocean NMFS retains the MHI Insular stock of false killer whales on the list of species and/or stocks incidentally killed or injured in the Category I Hawaii deep-set longline fishery based on the overlap of the stock’s range with HI deep-set longline fishing operations and the documentation of MHI Insular false killer whale injuries consistent with fisheries interactions that have not been attributed to a specific fishery. NMFS adds the Hawaii stock of rough-toothed dolphin to the list of species and/or stocks incidentally killed or injured in the Category I Hawaii deep-set longline fishery. NMFS adds the Western North Pacific and Central North Pacific humpback whale stocks to the list of species and/ or stocks incidentally killed or injured in the Category II AK Kodiak salmon set gillnet fishery. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1 khammond on DSKBBV9HB2PROD with RULES Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations NMFS adds the Eastern Chukchi Sea, Eastern Bering Sea, and Bristol Bay stocks of beluga whale to the list of species and/or stocks incidentally killed or injured in the Category II AK Bering Sea, Aleutian Islands pollock trawl fishery. NMFS adds the southern sea otter to the list of species and/or stocks incidentally killed or injured in the Category II CA spiny lobster fishery. NMFS adds the Eastern North Pacific stock of blue whales to the list of species and/or stocks incidentally killed or injured in the Category II CA Dungeness crab pot fishery. In addition, NMFS adds a superscript ‘‘1’’ to the stock to indicate it is driving the classification of the fishery. NMFS adds the Eastern North Pacific AK resident stock of killer whale and AK spotted seal to the list of species and/or stocks incidentally killed or injured in the Category II AK Bering Sea, Aleutian Islands Pacific cod longline fishery. NMFS adds the Western U.S. stock of Steller sea lion to the list of species and/ or stocks incidentally killed or injured in the Category II AK Gulf of Alaska sablefish longline fishery. NMFS adds the Central North Pacific stock of humpback whale to the list of species and/or stocks incidentally killed or injured in the Category III AK Prince William Sound salmon set gillnet fishery. NMFS adds the Western North Pacific stock of humpback whale to the list of species and/or stocks incidentally killed or injured in the Category III AK Kodiak salmon purse seine fishery. NMFS adds the Central North Pacific stock of humpback whale to the list of species and/or stocks incidentally killed or injured in the Category III AK Southeast salmon purse seine fishery. NMFS adds the Eastern Pacific stock of northern fur seal and North Pacific stock of sperm whale to the list of species and/or stocks incidentally killed or injured in the Category III AK Bering Sea, Aleutian Islands halibut longline fishery. NMFS adds the AK stock of bearded seal to the list of species and/or stocks incidentally killed or injured in the Category III AK Bering Sea, Aleutian Islands Pacific cod trawl fishery. NMFS adds the AK stock of harbor seal and Western U.S. stock of Steller sea lion to the list of species and/or stocks incidentally killed or injured in the Category III AK Gulf of Alaska flatfish trawl fishery. NMFS adds the AK stock of harbor seal to the list of species and/or stocks incidentally killed or injured in the VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 Category III AK Gulf of Alaska Pacific cod trawl fishery. NMFS adds the Western U.S. stock of Steller sea lion to the list of species and/ or stocks incidentally killed or injured in the Category III AK Gulf of Alaska rockfish trawl fishery. NMFS adds the Western Arctic stock of bowhead whale to the list of species and/or stocks incidentally killed or injured in the Category III AK Bering Sea, Aleutian Islands crab pot fishery. Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean Fishery Name and Organizational Changes and Clarification NMFS removes the superscript ‘‘1’’ from the Northern migratory coastal stock of bottlenose dolphin to indicate this stock is no longer driving the Category I classification of the MidAtlantic gillnet fishery. NMFS removes the superscript ‘‘1’’ from the Gulf of Maine stock of harbor porpoise to indicate this stock is no longer driving the Category I classification of the Northeast sink gillnet fishery. NMFS adds a superscript ‘‘1’’ to the Western North Atlantic offshore stock of bottlenose dolphin to indicate it is driving the Category II classification of the Mid-Atlantic bottom trawl fishery. NMFS adds a superscript ‘‘1’’ to the Southern migratory coastal stock of bottlenose dolphin to indicate it is driving the Category II classification of the Atlantic blue crab trap/pot fishery. NMFS adds a superscript ‘‘1’’ to the Gulf of Mexico Northern Coastal stock of bottlenose dolphin to indicate it is driving the Category II classification of the Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl 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: Category I • Northeast sink gillnet fishery from 4,332 to 3,163 vessels/persons • Northeast/Mid-Atlantic American lobster trap/pot fishery from 10,163 to 8,485 vessels/persons Category II • Mid-Atlantic mid-water trawl (including pair trawl) fishery from 382 to 320 vessels/persons • Mid-Atlantic bottom trawl fishery from 785 to 633 vessels/persons • Northeast mid-water trawl (including pair trawl) fishery from 1,087 to 542 vessels/persons PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 22061 Category III • Atlantic mixed species trap/pot fishery from 3,436 to 3,332 vessels/ persons. List of Species and/or Stocks Incidentally Killed or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean NMFS removes the WNA stock of harp seal from the stocks listed as incidentally killed or injured in the Category I Mid-Atlantic gillnet fishery. NMFS adds the Northern Gulf of Mexico stock of sperm whale to the list of species and/or stocks incidentally killed or injured in the Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery. NMFS adds the Gulf of Mexico Eastern Coastal stock of bottlenose dolphin to the list of species and/or stocks incidentally killed or injured in the Category II Gulf of Mexico gillnet fishery. NMFS removes the WNA stock of gray seal from the stocks listed as incidentally killed or injured in the Category II Mid-Atlantic mid-water trawl fishery. NMFS removes the Canadian east coast stock of minke whale from the stocks listed as incidentally killed or injured in the Category II Northeast midwater trawl fishery. NMFS adds two stocks of bottlenose dolphins to the list species and/or stocks incidentally killed or injured in the Category II Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery, including: (1) Mobile Bay, Bonsecour Bay; and (2) Mississippi River Delta. NMFS removes the WNA stock of gray seal from the stocks listed as incidentally killed or injured in the Category III Gulf of Maine Atlantic herring purse seine fishery. NMFS removes two stocks of pilot whales from the list of species and/or stocks incidentally killed or injured in the Category III U.S. Atlantic tuna purse seine fishery, including: (1) WNA stock of long-finned pilot whale; and (2) WNA stock of short-finned pilot whale. 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: Category I • Atlantic highly migratory species longline fishery from 79 to 67 vessels/ persons • Western Pacific pelagic longline (HI deep-set component) fishery from 143 to 142 vessels/persons E:\FR\FM\16MYR1.SGM 16MYR1 22062 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations Category II • Pacific highly migratory species drift gillnet fishery from 4 to 6 vessels/ persons • Atlantic highly migratory species trawl fishery from 2 to 1 vessels/ persons • South Pacific tuna purse seine fishery from 35 to 38 vessels/persons • South Pacific albacore troll longline fishery from 9 to 11 vessels/persons • South Pacific tuna longline fishery from 4 to 3 vessels/persons • Western Pacific pelagic longline (HI shallow-set component) fishery from 22 to 13 vessels/persons • Pacific highly migratory species handline/pole and line fishery from 42 to 48 vessels/persons • South Pacific albacore troll handline/ pole and line fishery from 11 to 15 vessels/persons • Western Pacific pelagic handline/pole and line fishery from 5 to 6 vessels/ persons • South Pacific albacore troll fishery from 22 to 24 vessels/persons • South Pacific tuna troll fishery from 4 to 3 vessels/persons Category III • Northwest Atlantic bottom longline fishery from 1 to 2 vessels/persons • Pacific highly migratory species longline fishery from 105 to 128 vessels/persons • Pacific highly migratory species purse seine fishery from 7 to 10 vessels/ persons • Northwest Atlantic trawl fishery from 2 to 4 vessels/persons • Pacific highly migratory species troll fishery from 149 to 150 vessels/ persons List of Species and/or Stocks Incidentally Killed or Injured on the High Seas NMFS adds the Hawaii stock of fin whale, Guadalupe fur seal and unknown stock of Mesoplodon species to the list of species and/or stocks incidentally killed or injured in the Category II Western Pacific Pelagic (HI shallow-set component) longline fishery. khammond on DSKBBV9HB2PROD with RULES Fisheries Affected by Take Reduction Teams and Plans NMFS corrects an administrative error in Table 4. Under ‘‘affected fisheries’’ for the Pacific Offshore Cetacean Take Reduction Plan, NMFS updates the CA thresher shark/swordfish drift gillnet (≥14 in mesh) from Category I to Category II. This fishery was reclassified in the 2018 LOF (83 FR 5349, February 7, 2018), but the change was not reflected in Table 4. VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 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 fisherman 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 LOF, 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, fishermen self-reports (i.e., MMPA reports), and anecdotal reports. The best available scientific information included in these reports is based on data through 2015. This list includes all species and/or stocks known to be killed or injured in a given fishery but also includes species and/or stocks for which there are anecdotal records of a mortality or injury. Additionally, species identified by logbook entries, stranding data, or fishermen self-reports (i.e., MMPA reports) may not be verified. In Tables 1 and 2, NMFS has designated those species/stocks driving a fishery’s classification (i.e., the fishery is classified based on mortalities and serious injuries of a marine mammal stock that are greater than or equal to 50 percent (Category I), or greater than 1 percent and less than 50 percent (Category II), of a stock’s PBR) by a ‘‘1’’ after the stock’s name. In Tables 1 and 2, there are several fisheries classified as Category II that have no recent documented mortalities or serious injuries of marine mammals, or fisheries that did not result in a mortality or serious injury rate greater than 1 percent of a stock’s PBR level based on known interactions. NMFS has classified these fisheries by analogy to other Category I or II fisheries that use similar fishing techniques or gear that are known to cause mortality or serious injury of marine mammals, as discussed in the final LOF for 1996 (60 FR 67063; December 28, 1995), and according to factors listed in the definition of a ‘‘Category II fishery’’ in 50 CFR 229.2 (i.e., fishing techniques, gear types, methods used to deter marine mammals, target species, seasons and areas fished, qualitative data from logbooks or fishermen reports, stranding data, and E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations 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 22063 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 * ∧ ........................................................ 142 ................. Bottlenose dolphin, HI Pelagic; False killer whale, MHI Insular; 1 False killer whale, HI Pelagic; 1 False killer whale, NWHI; Humpback whale, Central North Pacific; Kogia spp. (Pygmy or dwarf sperm whale), HI; Pygmy killer whale, HI; Risso’s dolphin, HI; Rough-toothed dolphin, HI; Short-finned pilot whale, HI; Sperm whale, HI; Striped dolphin, HI. Category II khammond on DSKBBV9HB2PROD with RULES Gillnet Fisheries: CA thresher shark/swordfish drift gillnet (≥14 in mesh) * .... 18 ................... CA halibut/white seabass and other species set gillnet (>3.5 in mesh). 50 ................... CA yellowtail, barracuda, and white seabass drift gillnet (mesh size ≥3.5 in and <14 in) 2. AK Bristol Bay salmon drift gillnet 2 ..................................... 30 ................... 1,862 .............. AK Bristol Bay salmon set gillnet 2 ...................................... 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 ................. VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 Bottlenose dolphin, CA/OR/WA offshore; California sea lion, U.S.; Dall’s porpoise, CA/OR/WA; 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; 1 Sperm Whale, CA/OR/WA.1 California sea lion, U.S.; Harbor seal, CA; Humpback whale, CA/OR/WA; 1 Long-beaked common dolphin, CA; Northern elephant seal, CA breeding; Sea otter, CA; Short-beaked common dolphin, CA/OR/WA. California sea lion, U.S.; Long-beaked common dolphin, CA; Short-beaked common dolphin, CA/OR/WA. Beluga whale, Bristol Bay; Gray whale, Eastern North Pacific; Harbor seal, Bering Sea; Northern fur seal, Eastern Pacific; Pacific white-sided dolphin, North Pacific; Spotted seal, AK; Steller sea lion, Western U.S. Beluga whale, Bristol Bay; Gray whale, Eastern North Pacific; Harbor seal, Bering Sea; Northern fur seal, Eastern Pacific; Spotted seal, AK. Harbor porpoise, GOA; 1 Harbor seal, GOA; Humpback whale, Central North Pacific; Humpback whale, Western North Pacific; 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). E:\FR\FM\16MYR1.SGM 16MYR1 22064 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / 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 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 ..................... 210 ................. Dall’s porpoise, CA/OR/WA; Harbor porpoise, inland WA; 1 Harbor seal, WA inland. 32 ................... AK Bering Sea, Aleutian Islands pollock trawl .................... 102 ................. AK Bering Sea, Aleutian Islands rockfish trawl ................... 17 ................... Bearded seal, AK; Gray whale, Eastern North Pacific; Harbor porpoise, Bering Sea; Harbor seal, Bering Sea; Humpback whale, Western North Pacific; 1 Killer whale, AK resident; 1 Killer whale, GOA, AI, BS transient; 1 Northern fur seal, Eastern Pacific; Ringed seal, AK; Ribbon seal, AK; Spotted seal, AK; Steller sea lion, Western U.S.; 1 Walrus, AK. Bearded Seal, AK; Beluga whale, Bristol Bay; Beluga whale, Eastern Bering Sea; Beluga whale, Eastern Chukchi Sea; 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 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 ................... AK Gulf of Alaska sablefish longline ................................... HI shallow-set longline * ∧ .................................................... 295 ................. 13 ................... American Samoa longline 2 ................................................. 20 ................... HI shortline 2 ........................................................................ 9 ..................... Bottlenose dolphin, CA/OR/WA offshore; Humpback whale, CA/OR/WA; 1 Gray whale, Eastern North Pacific; Southern sea otter. Gray whale, Eastern North Pacific; Humpback whale, CA/OR/ WA.1 Blue whale, Eastern North Pacific; 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, Eastern North Pacific AK resident; Killer whale, GOA, BSAI transient; 1 Northern fur seal, Eastern Pacific; Ringed seal, AK; Spotted seal, AK. Sperm whale, North Pacific; Steller sea lion, Western U.S. 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 khammond on DSKBBV9HB2PROD with RULES Gillnet Fisheries: AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet. AK Prince William Sound salmon set gillnet ....................... AK roe herring and food/bait herring gillnet ........................ CA set gillnet (mesh size <3.5 in) ....................................... HI inshore gillnet .................................................................. WA Grays Harbor salmon drift gillnet (excluding treaty Tribal fishing). WA/OR Mainstem Columbia River eulachon gillnet ........... WA/OR lower Columbia River (includes tributaries) drift gillnet. WA Willapa Bay drift gillnet ................................................. Miscellaneous Net Fisheries: AK Cook Inlet salmon purse seine ...................................... AK Kodiak salmon purse seine ........................................... VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 PO 00000 Frm 00016 1,778 .............. Harbor porpoise, Bering Sea. 29 ................... 920 ................. 296 ................. 36 ................... 24 ................... Harbor seal, GOA; Humpback whale, Central North Pacific; 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. 15 ................... 110 ................. None documented. California sea lion, U.S.; Harbor seal, OR/WA coast. 82 ................... Harbor seal, OR/WA coast; Northern elephant seal, CA breeding. 83 ................... 376 ................. Humpback whale, Central North Pacific. Humpback whale, Central North Pacific; Humpback whale, Western North Pacific. Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations 22065 TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons Fishery description AK Southeast salmon purse seine ...................................... AK Metlakatla salmon 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 (Prince William Sound, Chignik, Alaska Peninsula). WA/OR sardine purse seine ................................................ CA anchovy, mackerel, sardine purse seine ...................... CA squid purse seine .......................................................... khammond on DSKBBV9HB2PROD with RULES 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 ........................................................... 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 Bering Sea, Aleutian Islands groundfish hand troll and dinglebar troll. AK Gulf of Alaska groundfish hand troll and dinglebar troll AK salmon troll .................................................................... 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 Greenland turbot longline AK Bering Sea, Aleutian Islands sablefish longline ............ AK Bering Sea, Aleutian Islands halibut longline ................ AK Gulf of Alaska halibut longline ....................................... AK Gulf of Alaska Pacific cod longline ................................ 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 ........ 315 ................. 10 ................... 10 ................... 356 ................. 31 ................... 936 ................. Humpback whale, Central North Pacific. None documented. None documented. None documented. None documented. Harbor seal, GOA; Harbor seal, Prince William Sound. 42 ................... 65 ................... 80 ................... 10 ................... 10 ................... 130 ................. 75 ................... 11 ................... 17 ................... <3 ................... 23 ................... 24 ................... None documented. California sea lion, U.S.; Harbor seal, CA. Long-beaked common dolphin, CA; Short-beaked common dolphin, CA/OR/WA. None documented. None documented. None documented. None documented. None documented. None documented. None documented. None documented. None documented. 115 ................. None documented. unknown ........ >1 ................... 13 ................... 2 ..................... 14 ................... 23 ................... None documented. None documented. California sea lion, U.S. None documented. California sea lion, U.S.; Harbor seal, WA inland waters. None documented. 705 ................. unknown ........ unknown ........ unknown ........ None None None None unknown ........ 1,908 .............. 13 ................... 4,300 .............. 2,117 .............. 322 ................. 40 ................... 432 ................. 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. 4 ..................... 22 ................... 127 ................. 855 ................. 92 ................... 3 ..................... 464 ................. Killer whale, AK resident. None documented. Northern fur seal, Eastern Pacific; Sperm whale, North Pacific. None documented. Steller sea lion, Western U.S. 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 ................... Bearded seal, AK; Ribbon seal, AK; Steller sea lion, Western U.S. Ringed seal, AK; Steller sea lion, Western U.S. Harbor seal, AK; Northern elephant seal, North Pacific; Steller sea lion, Western U.S. Harbor seal, AK; Steller sea lion, Western U.S. Dall’s porpoise, AK; Fin whale, Northeast Pacific; Northern elephant seal, North Pacific; Steller sea lion, Western U.S. Steller sea lion, Western U.S. None documented. None documented. AK Bering Sea, Aleutian Islands Pacific cod trawl ............. AK Gulf of Alaska flatfish trawl ............................................ 72 ................... 36 ................... AK Gulf of Alaska Pacific cod trawl .................................... AK Gulf of Alaska pollock trawl ........................................... 55 ................... 67 ................... AK Gulf of Alaska rockfish trawl .......................................... AK Kodiak food/bait herring otter trawl ............................... AK shrimp otter trawl and beam trawl ................................. 43 ................... 4 ..................... 38 ................... VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 PO 00000 Frm 00017 Marine mammal species and/or stocks incidentally killed or injured Fmt 4700 Sfmt 4700 documented. documented. documented. documented. E:\FR\FM\16MYR1.SGM 16MYR1 22066 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons khammond on DSKBBV9HB2PROD with RULES Fishery description Marine mammal species and/or stocks incidentally killed or injured AK state-managed waters of Prince William Sound groundfish trawl. CA halibut bottom trawl ....................................................... 2 ..................... None documented. 47 ................... CA sea cucumber trawl ....................................................... WA/OR/CA shrimp trawl ...................................................... WA/OR/CA groundfish trawl ................................................ 16 ................... 300 ................. 160–180 ......... California sea lion, U.S.; Harbor porpoise, unknown; Harbor seal, unknown; Northern elephant seal, CA breeding; Steller sea lion, unknown. None documented. None documented. California sea lion, U.S.; Dall’s porpoise, CA/OR/WA; Harbor seal, OR/WA coast; Northern fur seal, Eastern Pacific; Pacific white-sided dolphin, CA/OR/WA; Steller sea lion, Eastern U.S. Pot, Ring Net, and Trap Fisheries: AK Bering Sea, Aleutian Islands sablefish pot ................... AK Bering Sea, Aleutian Islands Pacific cod pot ................ AK Bering Sea, Aleutian Islands crab pot ........................... 6 ..................... 59 ................... 540 ................. AK Gulf of Alaska crab pot .................................................. AK Gulf of Alaska Pacific cod pot ....................................... AK Gulf of Alaska sablefish pot .......................................... AK Southeast Alaska crab pot ............................................ AK Southeast Alaska shrimp pot ........................................ AK shrimp pot, except Southeast ........................................ AK octopus/squid pot .......................................................... CA/OR coonstripe shrimp pot ............................................. CA rock crab pot ................................................................. 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 Bering Sea, Aleutian Islands groundfish jig .................. AK Gulf of Alaska groundfish jig ......................................... AK halibut jig ....................................................................... American Samoa bottomfish ............................................... Commonwealth of the Northern Mariana Islands bottomfish. Guam bottomfish ................................................................. HI aku boat, pole, and line .................................................. HI bottomfish handline ......................................................... HI inshore handline ............................................................. HI pelagic handline .............................................................. WA groundfish, bottomfish jig ............................................. Western Pacific squid jig ..................................................... Harpoon Fisheries: CA swordfish harpoon ......................................................... Pound Net/Weir Fisheries: AK herring spawn on kelp pound net .................................. AK Southeast herring roe/food/bait pound net .................... HI bullpen trap ..................................................................... Bait Pens: WA/OR/CA bait pens ........................................................... Dredge Fisheries: AK scallop dredge ............................................................... Dive, Hand/Mechanical Collection Fisheries: AK clam ............................................................................... AK Dungeness crab ............................................................ AK herring spawn on kelp ................................................... AK miscellaneous invertebrates handpick .......................... HI black coral diving ............................................................ HI fish pond ......................................................................... HI handpick .......................................................................... HI lobster diving ................................................................... HI spearfishing ..................................................................... WA/CA kelp ......................................................................... VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 PO 00000 Frm 00018 271 ................. 116 ................. 248 ................. 375 ................. 99 ................... 141 ................. 15 ................... 36 ................... 124 ................. 54 ................... 254 ................. 249 ................. 5 ..................... 9 ..................... <3 ................... 10 ................... 4 ..................... 33 ................... None documented. None documented. Bowhead whale, Western Arctic; Gray whale, Eastern North Pacific. None documented. Harbor seal, GOA. None documented. Humpback whale, Central North Pacific (Southeast AK). Humpback whale, Central North Pacific (Southeast AK). 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. 2 ..................... 214 ................. 71 ................... 1092 ............... 28 ................... None documented. Fin whale, Northeast Pacific. None documented. None documented. None documented. >300 ............... <3 ................... 578 ................. 357 ................. 534 ................. 679 ................. 0 ..................... None None None None None None None 6 ..................... None documented. 291 ................. 2 ..................... 3 ..................... None documented. None documented. None documented. 13 ................... California sea lion, U.S. 108 (5 AK) ..... None documented. 130 ................. 2 ..................... 266 ................. 214 ................. <3 ................... 5 ..................... 46 ................... 19 ................... 163 ................. 4 ..................... None None None None None None None None None None Fmt 4700 Sfmt 4700 documented. documented. documented in recent years. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations 22067 TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/ persons Fishery description 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 ........ Live Finfish/Shellfish Fisheries: CA nearshore finfish live trap/hook-and-line ....................... HI aquarium collecting ......................................................... Marine mammal species and/or stocks incidentally killed or injured 201 ................. None documented. 10 ................... None documented. >7,000 (1,006 AK). Killer whale, unknown; Steller sea lion, Eastern U.S.; Steller sea lion, Western U.S. 93 ................... 90 ................... None documented. None documented. List of Abbreviations and Symbols Used in Table 1: AI—Aleutian Islands; AK—Alaska; BS—Bering Sea; CA—California; ENP—Eastern North Pacific; GOA—Gulf of Alaska; HI—Hawaii; MHI—Main Hawaiian Islands; OR—Oregon; WA—Washington. 1 Fishery classified based on mortalities and serious injuries of this stock, which are greater than or equal to 50 percent (Category I) or greater than 1 percent and less than 50 percent (Category II) of the stock’s PBR. 2 Fishery classified by analogy. * Fishery has an associated high seas component listed in Table 3. ∧ The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the list of species and/or stocks killed or injured in high seas component of the fishery, minus species and/or stocks that have geographic ranges exclusively on the high seas. The species and/ or stocks are found, and the fishery remains the same, on both sides of the EEZ boundary. Therefore, the EEZ components of these fisheries pose the same risk to marine mammals as the components operating on the high seas. TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN Estimated number of vessels/ persons Fishery description Marine mammal species and/or stocks incidentally killed or injured Category I Gillnet Fisheries: Mid-Atlantic gillnet ............................................................... 3,950 .............. Northeast sink gillnet ........................................................... 3,163 .............. Trap/Pot Fisheries: Northeast/Mid-Atlantic American lobster trap/pot ................ 8,485 .............. Humpback whale, Gulf of Maine; Minke whale, Canadian east coast; North Atlantic right whale, WNA.1 280 ................. Atlantic spotted dolphin, Northern GMX; 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; Rough-toothed dolphin, Northern GMX; Short-finned pilot whale, Northern GMX; Short-finned pilot whale, WNA; 1 Sperm whale, Northern GMX. khammond on DSKBBV9HB2PROD with RULES Longline Fisheries: Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline *. Bottlenose dolphin, Northern Migratory coastal; 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; Humpback whale, Gulf of Maine; Minke whale, Canadian east coast. Bottlenose dolphin, WNA offshore; Common dolphin, WNA; Fin whale, WNA; Gray seal, WNA; Harbor porpoise, GME/ BF; 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. Category II Gillnet Fisheries: Chesapeake Bay inshore gillnet 2 ....................................... VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 PO 00000 Frm 00019 248 ................. Fmt 4700 Sfmt 4700 Bottlenose dolphin, unknown (Northern migratory coastal or Southern migratory coastal). E:\FR\FM\16MYR1.SGM 16MYR1 22068 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / 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 khammond on DSKBBV9HB2PROD with RULES Fishery description 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 .............................. 23 ................... Trawl Fisheries: Mid-Atlantic mid-water trawl (including pair trawl) .............. Mid-Atlantic bottom trawl ..................................................... 320 ................. 633 ................. Northeast mid-water trawl (including pair trawl) .................. 542 ................. Northeast bottom trawl ........................................................ 2,238 .............. Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl .... 4,950 .............. Trap/Pot Fisheries: Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/pot 2. 1,384 .............. Atlantic mixed species trap/pot 2 ......................................... Atlantic blue crab trap/pot ................................................... 3,332 .............. 7,714 .............. Purse Seine Fisheries: Gulf of Mexico menhaden purse seine ............................... 40–42 ............. Mid-Atlantic menhaden purse seine 2 .................................. 19 ................... Marine mammal species and/or stocks incidentally killed or injured Bottlenose dolphin, Eastern GMX 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; Whitesided 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. Harbor seal, WNA. Bottlenose dolphin, WNA offshore; 1 Common dolphin, WNA; 1 Gray seal, WNA; Harbor seal, WNA; Risso’s dolphin, WNA; 1 White-sided dolphin, WNA. Common dolphin, WNA; Gray seal, WNA; Harbor seal, WNA; Long-finned pilot whale, WNA.1 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, Mississippi River Delta; Bottlenose dolphin, Mobile Bay, Bonsecour Bay; Bottlenose dolphin, Northern GMX coastal; 1 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; 1 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. Haul/Beach Seine Fisheries: VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1 22069 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated number of vessels/ persons Fishery description Marine mammal species and/or stocks incidentally killed or injured Bottlenose dolphin, Northern Migratory coastal; 1 Bottlenose dolphin, Northern NC estuarine system; 1 Bottlenose dolphin, Southern Migratory coastal.1 Bottlenose dolphin, Northern NC estuarine system; 1 Bottlenose dolphin, Southern NC estuarine system. Mid-Atlantic haul/beach seine ............................................. 359 ................. NC long haul seine .............................................................. 30 ................... Stop Net Fisheries: 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 .................................................................. 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 ............................................. khammond on DSKBBV9HB2PROD with RULES 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 .......................... Gulf of Maine menhaden purse seine ................................. FL West Coast sardine purse seine .................................... U.S. Atlantic tuna purse seine * .......................................... 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 ...................................................... >991 ............... unknown ........ unknown ........ unknown ........ None None None None unknown ........ Bottlenose dolphin, Northern SC estuarine system. >58 ................. 2 ..................... 20 ................... 1 ..................... None documented. Bottlenose dolphin, Northern GMX oceanic; Bottlenose dolphin, Northern GMX continental shelf. None documented. Bottlenose dolphin, SC/GA coastal. 48 ................... unknown ........ Harbor seal, WNA. None documented. >7 ................... >2 ................... 10 ................... 5 ..................... Harbor seal, WNA. None documented. Bottlenose dolphin, Eastern GMX coastal. None documented in most recent five years of data. >1,207 ............ 2,846 .............. None documented. Bottlenose dolphin, WNA offshore; Humpback whale, Gulf of Maine. Bottlenose dolphin, GMX continental shelf. >5,000 ............ 39 ................... documented documented documented documented 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. 680 ................. Bottlenose dolphin, Eastern GMX coastal; Bottlenose dolphin, Northern GMX continental shelf. None documented. unknown ........ None documented. >501 ............... >197 ............... 1,268 .............. Gulf of Mexico blue crab trap/pot ........................................ 4,113 .............. Gulf of Mexico mixed species trap/pot ................................ Southeastern U.S. Atlantic, Gulf of Mexico golden crab trap/pot. U.S. Mid-Atlantic eel trap/pot .............................................. Stop Seine/Weir/Pound Net/Floating Trap/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. VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1 22070 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / 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 Gulf of Maine herring and Atlantic mackerel stop seine/ weir. 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. >1 ................... Marine mammal species and/or stocks incidentally killed or injured 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. 20,000 ............ None documented. unknown ........ unknown ........ None documented. None documented. 4,000 .............. Bottlenose dolphin, Barataria Bay estuarine system; Bottlenose dolphin, Biscayne Bay estuarine; Bottlenose dolphin, Central FL coastal; Bottlenose dolphin, Choctawhatchee Bay; Bottlenose dolphin, Eastern GMX coastal; Bottlenose dolphin, FL Bay; Bottlenose dolphin, GMX bay, sound, estuarine; Bottlenose dolphin, Indian River Lagoon estuarine system; Bottlenose dolphin, Jacksonville estuarine system; Bottlenose dolphin, Mississippi Sound, Lake Borgne, Bay Boudreau; 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, SC/GA coastal; Bottlenose dolphin, Western GMX coastal; Short-finned pilot whale, WNA. documented. documented. documented. documented. documented. documented. documented. documented. 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. khammond on DSKBBV9HB2PROD with RULES TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS Estimated Number HSFCA permits Fishery description Marine mammal species and/or stocks incidentally killed or injured Category I Longline Fisheries: VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations 22071 TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEAS—Continued Estimated Number HSFCA permits Fishery description Marine mammal species and/or stocks incidentally killed or injured Atlantic Highly Migratory Species * ...................................... 67 Western Pacific Pelagic (HI Deep-set component) * ∧ ......... 142 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; Shortfinned pilot whale, WNA. Bottlenose dolphin, HI Pelagic; False killer whale, HI Pelagic; Humpback whale, Central North Pacific; Kogia spp. (Pygmy or dwarf sperm whale), HI; Pygmy killer whale, HI; Risso’s dolphin, HI; Short-finned pilot whale, HI; Sperm whale, HI; Striped dolphin, HI. Category II Drift Gillnet Fisheries: Pacific 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) * ∧ ..... 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 ....................................................... 6 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. 1 0 No information. Antarctic fur seal. 38 1 No information. No information. 0 11 3 13 None documented. No information. No information. Blainville’s beaked whale, HI; Bottlenose dolphin, HI Pelagic; False killer whale, HI Pelagic; Fin whale, HI; Guadalupe fur seal; Humpback whale, Central North Pacific; Mesoplodon sp., unknown; 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. 2 48 15 6 No No No No information. information. information. information. 1 24 3 6 No No No No information. information. information. information. Category III khammond on DSKBBV9HB2PROD with RULES Longline Fisheries: Northwest Atlantic Bottom Longline .................................... Pacific Highly Migratory Species ......................................... Purse Seine Fisheries: Pacific Highly Migratory Species * ∧ ..................................... Trawl Fisheries: Northwest Atlantic ................................................................ Troll Fisheries: Pacific Highly Migratory Species * ....................................... 2 128 None documented. None documented in the most recent 5 years of data. 10 None documented. 4 None documented. 150 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. VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1 22072 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations ∧ 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 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 II: CA thresher shark/swordfish drift gillnet (≥14 in mesh). Category II: Mid-Atlantic bottom trawl; Mid-Atlantic mid-water trawl (including pair trawl); Northeast bottom trawl; Northeast mid-water trawl (including pair trawl). Bottlenose Dolphin Take Reduction Plan (BDTRP)—50 CFR 229.35 .... False Killer Whale Take Reduction Plan (FKWTRP)—50 CFR 229.37 .. Harbor Porpoise Take Reduction Plan (HPTRP)—50 CFR 229.33 (New England) and 229.34 (Mid-Atlantic). Pelagic Longline Take Reduction Plan (PLTRP)—50 CFR 229.36 ......... Pacific Offshore Cetacean Take Reduction Plan (POCTRP)—50 CFR 229.31. Atlantic Trawl Gear Take Reduction Team (ATGTRT) ............................ * 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. khammond on DSKBBV9HB2PROD with RULES Classification The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) at the proposed rule stage that this rule would not have a significant economic impact on a substantial number of small entities. No comments were received on that certification, and no new information has been discovered to change that conclusion. Accordingly, no regulatory flexibility analysis is required, and none has been prepared. This rule contains existing collectionof-information (COI) requirements subject to the Paperwork Reduction Act and would not impose additional or new COI requirements. 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 VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 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 Orders 12866 and 13563. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 This rule is not expected to be an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866. In accordance with the Companion Manual for NOAA Administrative Order (NAO) 216–6A, NMFS determined that publishing this LOF qualifies to be categorically excluded from further NEPA review, consistent with categories of activities identified in Categorical Exclusion G7 (‘‘Preparation of policy directives, rules, regulations, and guidelines of an administrative, financial, legal, technical, or procedural nature, or for which the environmental effects are too broad, speculative or conjectural to lend themselves to meaningful analysis and will be subject later to the NEPA process, either collectively or on a case-by-case basis’’) of the Companion Manual and we have not identified any extraordinary circumstances listed in Chapter 4 of the Companion Manual for NAO 216–6A that would preclude application of this categorical exclusion. If NMFS takes a E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations management action, for example, through the development of a TRP, NMFS would first prepare an Environmental Impact Statement (EIS) or Environmental Assessment (EA), 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. khammond on DSKBBV9HB2PROD with RULES References Baird, R.W., S.D. Mahaffy, A.M. Gorgone, T. Cullins, D.J. McSweeney, E.M. Oelson, A.L. Bradford, J. Barlow, D.L. Webster. False Killer Whales and Fisheries Interaction in Hawaiian Waters: Evidence for Sex Bias and Variation Among Populations and Social Groups. 2014. Marine Mammal Science 31(2): 579–590. Carretta, J.V., E. Oleson, K.A. Forney, J. Baker, J.E. Moore, D.W. Weller, A.R. Lang, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. Lowry, J. Barlow, D. Lynch, L. Carswell, and R.L. Brownell Jr. 2018. U.S. Pacific Marine Mammal Stock Assessments: 2017. NOAA Technical Memorandum NOAA–TM–NMFS– SWFSC–602. 161 p. Carretta, J.V., V. Helker, M.M. Muto, J. Greenman, K. Wilkinson, D. Lawson, J. Viezbicke, and J. Jannot. 2018a. Sources of human-related injury and mortality for U.S. Pacific west coast marine mammal stock assessments, 2012–2016. Draft document PSRG–2018–06 reviewed by the Pacific Scientific Review Group, March 2018. 145 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. 2017. U.S. Pacific Marine Mammal Stock VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 Assessments: 2016. NOAA Technical Memorandum NOAA–TM–NMFS– SWFSC–577. 414 p. Carretta, J.V., M.M. Muto, S. Wilkin, J. Greenman, K. Wilkinson, D. Lawson, J. Viezbicke, and J. Jannot. 2017a. Sources of human-related injury and mortality for U.S. Pacific west coast marine mammal stocks assessments, 2011–2015. NOAA Technical Memorandum, NOAA–TM– NMFS–SWFSC–579. 126 p. Garrison, L.P. and Stokes, L. 2017. Estimated Bycatch of Marine Mammals and Sea Turtles in the U.S. Atlantic Pelagic Longline Feet During 2015. NOAA Technical Memorandum, NOAA– NMFS–SEFSC–709. 67 p. Hayes, S.A., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 2018. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks Assessments, 2017. NOAA Technical Memorandum, NOAA– TM–NE–245. 378 p. Saez, L., D. Lawson, M. DeAngelis, E. Petras, S. Wilkin, and C. Fahy. 2013. Understanding the Co-occurrence of Large Whales and Commercial Fixed Gear Fisheries off the West Coast of the United States. NOAA Technical Memorandum, NOAA–TM–NMFS– SWR–044. 103 p. Western Pacific Regional Fishery Management Council (WPRFMC). 2017. Annual Stock Assessment and Fishery Evaluation Report: Fishery Ecosystem Plan for the American Samoa Archipelago. 415 p. Dated: May 10, 2019. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2019–10139 Filed 5–15–19; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 1206013412–2517–02] RIN 0648–XG771 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2019 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements accountability measures (AMs) for commercial greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for the 2019 fishing year through this SUMMARY: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 22073 temporary rule. NMFS has determined that Gulf greater amberjack landings in 2018 exceeded the commercial annual catch target (ACT) and landings will have met the adjusted 2019 commercial ACT by June 9, 2019. Therefore, the commercial fishing season for greater amberjack in the Gulf exclusive economic zone (EEZ) will close on June 9, 2019, and the sector will remain closed until the start of the next commercial fishing season on January 1, 2020. This closure is necessary to protect the Gulf greater amberjack resource. DATES: This rule is effective 12:01 a.m., local time, June 9, 2019, until 12:01 a.m., local time, January 1, 2020. FOR FURTHER INFORMATION CONTACT: Kelli O’Donnell, NMFS Southeast Regional Office, telephone: 727–824– 5305, or email: Kelli.ODonnell@ noaa.gov. SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the Gulf, which includes greater amberjack, under the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico Fishery Management Council (Council) prepared the FMP and NMFS implements the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All greater amberjack weights discussed in this temporary rule are in round weight. The 2019 commercial annual catch limit (ACL) for Gulf greater amberjack is 402,030 lb (182,358 kg), as specified in 50 CFR 622.41(a)(1)(iii). The 2019 commercial quota (equivalent to the commercial ACT) is 349,766 lb (158,651 kg), as specified in 50 CFR 622.39(a)(1)(v)(B). However, NMFS has determined that in 2018, the commercial harvest of greater amberjack exceeded the 2018 commercial ACL of 319,140 lb (144,759 kg) by 12,263 lb (5,562 kg). Under 50 CFR 622.41(a)(1)(ii), NMFS is required to reduce the commercial ACL and the commercial ACT for greater amberjack in the year following an overage of the commercial ACL, by the amount of the overage. Therefore, NMFS adjusts the 2019 commercial ACL for greater amberjack to 389,767 lb (176,795 kg) and the 2019 commercial ACT to 337,503 lb (153,089 kg). Under 50 CFR 622.41(a)(1)(i), NMFS is required to close the commercial sector for greater amberjack when the commercial ACT is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has E:\FR\FM\16MYR1.SGM 16MYR1

Agencies

[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Rules and Regulations]
[Pages 22051-22073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10139]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 180522499-9223-02]
RIN 0648-BH96


List of Fisheries for 2019

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 2019, as required by the Marine 
Mammal Protection Act (MMPA). The LOF for 2019 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 June 17, 2019.

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: Jaclyn Taylor, Office of Protected 
Resources, 301-427-8402; Allison Rosner, Greater Atlantic Region, 978-
281-9328; Jessica Powell, Southeast Region, 727-824-5312; Dan Lawson, 
West Coast Region, 562-980-3209; Suzie Teerlink, Alaska Region, 907-
586-7240; Kevin Brindock, Pacific Islands Region, 808-725-5146. 
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.

[[Page 22052]]

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 (OSP). 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) for which total 
annual mortality and serious injury is greater than 10 percent of PBR). 
Otherwise, these fisheries are subject to the next tier (Tier 2) of 
analysis to determine their classification.
    Tier 2: Tier 2 considers fishery-specific mortality and serious 
injury for a particular stock.
    Category I: Annual mortality and serious injury of a stock in a 
given fishery is greater than or equal to 50 percent of the PBR level 
(i.e., frequent incidental mortality and serious injury of marine 
mammals).
    Category II: Annual mortality and serious injury of a stock in a 
given fishery is greater than 1 percent and less than 50 percent of the 
PBR level (i.e., occasional incidental mortality and serious injury of 
marine mammals).
    Category III: Annual mortality and serious injury of a stock in a 
given fishery is less than or equal to 1 percent of the PBR level 
(i.e., a remote likelihood of or no known incidental mortality and 
serious injury of marine mammals).
    Additional details regarding how the categories were determined are 
provided in the preamble to the final rule implementing section 118 of 
the MMPA (60 FR 45086; August 30, 1995).
    Because fisheries are classified on a per-stock basis, a fishery 
may qualify as one category for one marine mammal stock and another 
category for a different marine mammal stock. A fishery is typically 
classified on the LOF at its highest level of classification (e.g., a 
fishery qualifying for Category III for one marine mammal stock and for 
Category II for another marine mammal stock will be listed under 
Category II). Stocks driving a fishery's classification are denoted 
with a superscript ``1'' in Tables 1 and 2.

Other Criteria That May Be Considered

    The tier analysis requires a minimum amount of data, and NMFS does 
not have sufficient data to perform a tier analysis on certain 
fisheries. Therefore, NMFS has classified certain fisheries by analogy 
to other Category I or II fisheries that use similar fishing techniques 
or gear that are known to cause mortality or serious injury of marine 
mammals, or according to factors discussed in the final LOF for 1996 
(60 FR 67063; December 28, 1995) and listed in the regulatory 
definition of a Category II fishery: In the absence of reliable 
information indicating the frequency of incidental mortality and 
serious injury of marine mammals by a commercial fishery, NMFS will 
determine whether the incidental mortality or serious injury is 
``frequent,'' ``occasional,'' or ``remote'' by evaluating other factors 
such as fishing techniques, gear used, methods used to deter marine 
mammals, target species, seasons and areas fished, qualitative data 
from logbooks or fishermen 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 
and reviewed for the 2019 LOF generally summarizes data from 2011-2015. 
NMFS also reviews other sources of new information, including injury 
determination reports, bycatch estimation reports, observer data, 
logbook data, stranding data, disentanglement network data, fishermen 
self-reports (i.e., MMPA mortality/injury reports), and anecdotal 
reports from that time period. In some cases, more recent information 
may be available and used in the LOF.
    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

[[Page 22053]]

indicating that undocumented interactions may be occurring (e.g., 
fishery has low observer coverage and stranding network data include 
evidence of fisheries interactions 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 Pacific and 
Alaska SAR includes an appendix with detailed descriptions of each 
Category I and II fishery on the LOF, including the observer coverage 
in those fisheries. For Atlantic fisheries, this information can be 
found in the LOF Fishery Fact Sheets. 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 website at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. 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' website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/list-fisheries-summary-tables. Additional information on observer programs 
in commercial fisheries can be found on the NMFS National Observer 
Program's website: https://www.fisheries.noaa.gov/national/fisheries-observers/national-observer-program.

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

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

Are high seas fisheries included on the LOF?

    Beginning with the 2009 LOF, NMFS includes high seas fisheries in 
Table 3 of the LOF, along with the number of valid High Seas Fishing 
Compliance Act (HSFCA) permits in each fishery. As of 2004, NMFS issues 
HSFCA permits only for high seas fisheries analyzed in accordance with 
the National Environmental Policy Act (NEPA) and the Endangered Species 
Act (ESA). The authorized high seas fisheries are broad in scope and 
encompass multiple specific fisheries identified by gear type. For the 
purposes of the LOF, the high seas fisheries are subdivided based on 
gear type (e.g., trawl, longline, purse seine, gillnet, troll, etc.) to 
provide more detail on composition of effort within these fisheries. 
Many fisheries operate in both U.S. waters and on the high seas, 
creating some overlap between the fisheries listed in Tables 1 and 2 
and those in Table 3. In these cases, the high seas component of the 
fishery is not considered a separate fishery, but an extension of a 
fishery operating within U.S. waters (listed in Table 1 or 2). NMFS 
designates those fisheries in Tables 1, 2, and 3 by a 
``[hairsp]*[hairsp]'' 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 https://www.fisheries.noaa.gov/node/23351.

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' website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries, 
linked to the ``List of Fisheries Summary'' 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.

[[Page 22054]]

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 website http://www.westcoast.fisheries.noaa.gov/protected_species/marine_mammals/fisheries_interactions.html.
    In the Alaska Region, authorization certificates may be obtained by 
visiting the National MMAP website https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-certificate.
    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 website https://www.greateratlantic.fisheries.noaa.gov/mmap.
    In the Southeast Region, NMFS will issue vessel or gear owners an 
authorization certificate via U.S. mail automatically at the beginning 
of each calendar year. Vessel or gear owners can receive additional 
authorization certificates by contacting the Southeast Regional Office 
at 727-209-5952 or by visiting the National MMAP website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-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, Greater Atlantic, and Southeast 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. Certificates can also be obtained from the region's 
website. In the Pacific Islands regional fisheries, vessel or gear 
owners receive an authorization certificate by January 1 for state 
fisheries and with their permit renewal for Federal fisheries. In West 
Coast regional fisheries, vessel or gear owners receive authorization 
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). Additional authorization certificates are 
available for printing on the National MMAP website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#obtaining-a-marine-mammal-authorization-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: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-authorization-program#reporting-a-death-or-injury-of-a-marine-mammal-during-commercial-fishing-operations or by contacting the appropriate regional office (see FOR 
FURTHER INFORMATION). Forms may be submitted via any of the following 
means: (1) Online using the electronic form; (2) emailed as an 
attachment to [email protected]; (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 are 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 safely 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 are found in 50 CFR 
229.7.

Am I required to comply with any marine mammal TRP regulations?

    Table 4 provides a list of fisheries affected by TRPs and TRTs. TRP 
regulations are found at 50 CFR 229.30 through 229.37. A description of 
each TRT and copies of each TRP can be

[[Page 22055]]

found at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-take-reduction-plans-and-teams. 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: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries, or from any NMFS Regional Office at the 
addresses listed below:
    NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic 
Drive, Gloucester, MA 01930-2298, Attn: Allison Rosner;
    NMFS, Southeast Region, 263 13th Avenue South, St. Petersburg, FL 
33701, Attn: Jessica Powell;
    NMFS, West Coast Region, Long Beach Office, 501 W Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213, Attn: Dan Lawson;
    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: 
Kevin Brindock.

Sources of Information Reviewed for the 2019 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 and entanglement data, observer program data, 
fishermen self-reports, reports to the SRGs, conference papers, FMPs, 
and ESA documents.
    The LOF for 2019 was based on, among other things, stranding data; 
fishermen self-reports; and SARs, primarily the 2017 SARs, which are 
based on data from 2011-2015. The SARs referenced in this LOF include: 
2015 (81 FR 38676; June 14, 2016), 2016 (82 FR 29039; June 27, 2017), 
and 2017 (83 FR 32093; July 11, 2018). The SARs are available at: 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region.

Comments and Responses

    NMFS received seven comment letters on the proposed LOF for 2019 
(83 FR 53422; October 23, 2018). Comments were received from the Marine 
Mammal Commission (Commission), Hawaii Longline Association (HLA), 
Maine Lobstermen's Association (MLA), two individuals, a joint letter 
from Lund's Fisheries and The Town Dock, and a joint letter from Center 
for Biological Diversity (CBD), Humane Society of the United States 
(HSUS) and Whale and Dolphin Conservation (WDC). Responses to 
substantive comments are below; comments on actions not related to the 
LOF are not included.

General Comments

    Comment 1: A commenter notes that NMFS discussed the factors used 
to classify fisheries by analogy on the LOF in the final 1996 LOF and 
acknowledges that fishing technologies have changed and improved since 
the 1996 final LOF. The commenter recommends NMFS update the factors 
used to classify fisheries by analogy on the LOF.
    Response: NMFS has classified fisheries by analogy on the LOF that 
use similar fishing techniques or gear that are known to cause 
mortality or serious injury of marine mammals. Fishery classification 
by analogy was discussed in the final LOF for 1996 (60 FR 67063; 
December 28, 1995), and the factors for classifying by analogy are 
listed in the regulatory definition of a ``Category II fishery'' in 50 
CFR 229.2.
    The regulatory definition includes various factors to evaluate when 
classifying by analogy. 50 CFR 229.2 states, ``In the absence of 
reliable information indicating the frequency of incidental mortality 
and serious injury of marine mammals by a commercial fishery, the 
Assistant Administrator will determine whether the taking is 
``occasional'' 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.'' If NMFS does not have enough information on the 
various factors listed above to complete a tier analysis, 50 CFR 229.2 
states eligible commercial fisheries not specifically identified in the 
LOF are deemed to be Category II fisheries until the next list of 
fisheries is published. When classifying fisheries by analogy, NMFS 
applies this regulatory definition using the best available information 
when evaluating the other factors listed above. Therefore, NMFS is not 
updating the factors used to classify fisheries by analogy on the LOF.
    Comment 2: A commenter notes that NMFS annually reviews the 
information presented in the current SARs, injury determination reports 
and other sources of new information to determine which species or 
stocks are included on the LOF as incidentally killed or injured in a 
fishery. The commenter believes the 2011-2015 data summarized in the 
SAR and the additional other sources of information are insufficient 
for identifying the species or stocks incidentally killed or injured in 
a fishery.
    Response: When NMFS reviews the LOF annually, we use the best 
available scientific information including the SARs. The SARs provide 
the most current and inclusive information on each stock's PBR level 
and level of interaction with commercial fishing operations. The MMPA 
requires NMFS to review the SARs at least annually for strategic stocks 
and stocks for which significant new information is available and at 
least once every three years for non-strategic stocks. NMFS publishes a 
notice of availability and solicits public comments on the draft SARs 
annually. Additionally, NMFS can use more recent data provided it has 
been peer reviewed and is publicly available.

Comments on Commercial Fisheries in the Pacific Ocean

    Comment 3: CBD, HSUS and WDC support adding the North Pacific stock 
of sperm whales to the list of species and/or stocks incidentally 
killed or injured in the Alaska Bering Sea, Aleutian Islands halibut 
longline fishery. The commenters also recommend NMFS elevate the Alaska

[[Page 22056]]

Bering Sea, Aleutian Islands halibut longline fishery to a Category I 
fishery because the mean estimated annual mortality (1.5 sperm whales) 
exceeds the PBR level in the proposed 2018 stock assessment report of 
0.5 sperm whales.
    Response: NMFS has added the North Pacific stock of sperm whales to 
the list of species and/or stocks incidentally killed or injured in the 
Alaska Bering Sea, Aleutian Islands halibut longline fishery.
    NMFS uses the classification criteria described in the preamble to 
classify fisheries as Category I, Category II, or Category III. The 
2019 LOF is based on the final 2017 SARs, which do not define a PBR for 
the North Pacific sperm whale stock. The draft 2018 SAR includes a PBR 
that applies to a small portion of the stock's range and as such is 
considered an underestimate.
    Comment 4: CBD, HSUS and WDC recommend elevating the Gulf of Alaska 
sablefish longline fishery to a Category I fishery, because the 
mortality and serious injury of the North Pacific stock of sperm whales 
exceeds the PBR level of 0.5 sperm whales in the draft 2018 SARs.
    Response: See Response to Comment 3.
    Comment 5: CBD, HSUS and WDC support adding the Central North 
Pacific stock of humpback whale to the list of species and/or stocks 
incidentally killed or injured in the Category III AK Prince William 
Sound salmon set gillnet fishery. The commenters note, that unless 
there is genetic or photo-identification information to the contrary, 
the LOF should state that the two 2015 strandings were from the ESA-
listed Mexico distinct population segment (DPS). NMFS is in the process 
of reviewing the humpback whale stock structure, and the commenters 
recommend that the LOF note the relevant humpback whale DPS until the 
stock structure review is finalized.
    Response: NMFS has added the Central North Pacific stock of 
humpback whale to the list of species and/or stocks incidentally killed 
or injured AK Prince William Sound salmon set gillnet fishery.
    Because only the Central North Pacific stock of humpback whale 
occurs in Prince William Sound, the two 2015 humpback whale M/SI 
reports in Prince William Sound were only applied to the Central North 
Pacific stock. As the commenters note, NMFS is in the process of 
reviewing the stock structure of humpback whales under the MMPA. 
Currently, the management units for humpback whales are not defined 
with the same delineations under the ESA and MMPA. As the LOF is a 
requirement of the MMPA, it uses MMPA stocks as management units rather 
than referencing a species or DPS from the ESA. In cases where M/SI 
occurs in an area of overlapping stocks, the M/SI is assigned to both 
stocks.
    Comment 6: CBD, HSUS and WDC support adding the southern sea otter 
to the list of species and/or stocks incidentally killed or injured in 
the Category II California spiny lobster fishery.
    Response: NMFS has added the southern sea otter to the list of 
species and/or stocks incidentally killed or injured in the Category II 
California spiny lobster fishery as proposed.
    Comment 7: CBD, HSUS and WDC express concern that neither NMFS nor 
the California Department of Fish and Wildlife have attempted to 
monitor or estimate total marine mammal interactions in the California 
spiny lobster fishery since the fishery was listed as Category II. The 
commenters note that the Pacific Scientific Review Group recommended 
NMFS convene a take reduction team for fisheries that are known to 
entangle humpback whales along the West Coast and to evaluate the large 
number of entanglements to determine if they constitute an unusual 
mortality event. CBD, HSUS and WDC agree and request NMFS convene a 
take reduction team for all California pot and trap fisheries, 
including the California spiny lobster fishery.
    Response: NMFS acknowledges that opportunistic reports of whale 
entanglements provide only a minimum accounting of entanglements that 
may be occurring.
    Section 118(f)(3) of the MMPA provides that NMFS may prioritize 
convening take reduction teams and developing TRPs when insufficient 
funding is available. MMPA section 118(f)(3) contains specific 
priorities for developing TRPs. NMFS has insufficient funding available 
to simultaneously develop and implement TRPs for all strategic stocks 
that interact with Category I or Category II fisheries. As provided in 
MMPA section 118(f)(6)(A) and (f)(7), NMFS uses the most recent SAR and 
LOF as the basis to determine its priorities for establishing TRTs and 
developing TRPs. In addition, NMFS continues to collect data to 
categorize fixed gear fisheries and assess their risk to large whales 
off the U.S. west coast. Accordingly, given these factors and NMFS' 
priorities, implementation of developing a TRP for the California spiny 
lobster fishery and other similar Category II fisheries has been 
deferred under section 118 as other stocks/fisheries are a higher 
priority for any available funding for establishing new TRPs.
    Comment 8: CBD, HSUS and WDC support adding the Eastern North 
Pacific stock of blue whales to the list of species and/or stocks 
incidentally killed or injured in the Category II CA Dungeness crab pot 
fishery. The commenters recommend that the final 2019 LOF include the 
three prorated serious injuries (2.25 serious injuries) that were 
caused by an unidentified fishery interaction in 2015 and 2016. The 
commenters note that 4.25 blue whales were seriously injured in 2015 
and 2016 in fishing gear, and that the annual average, calculated over 
five years, is 0.85 blue whales, or 37 percent of the PBR level. 
Because the CA Dungeness crab pot fishery is the only known fishery to 
interact with blue whales, the commenters request that NMFS attribute 
all of these interactions to the CA Dungeness crab pot fishery for the 
purposes of the LOF.
    Response: NMFS has added the Eastern North Pacific stock of blue 
whales to the list of species and/or stocks incidentally killed or 
injured in the CA Dungeness crab pot fishery based on documented 
entanglements. NMFS appreciates that the commenters have provided a 
proration for three serious injuries in unidentified fishing gear in 
2015 and 2016, but this analysis is not included in the final 2017 SAR. 
The final 2017 SAR (Carretta et al., 2018) and Human-Related Serious 
Injury and Mortality Report (Carretta et al., 2018a) for the Eastern 
North Pacific stock of blue whales do not provide or report on any 
established methodology for assigning mortality or serious injury or 
mortality from entanglements with unidentified gear. Further, the gear 
from the 2015 entangled whale was consistent with several deep-set 
fisheries that do not include the CA Dungeness crab pot fishery 
(Carretta et al., 2018a).
    Comment 9: CBD, HSUS and WDC recommend that NMFS elevate the CA 
Dungeness crab pot fishery to a Category I fishery. Commenters note 
that in 2018, three confirmed blue whale entanglements were reported as 
of October, one of which was attributed to the CA Dungeness crab pot 
fishery. As previously noted in Comment 8, they believe blue whale 
entanglements in unidentified pot/trap fisheries should be attributed 
to the CA Dungeness crab pot fishery.
    CBD, HSUS and WDC cite a 2013 NMFS Technical Memorandum that states 
the highest risk of blue whale entanglement was with the Dungeness crab 
pot fishery from October to December around San Francisco Bay

[[Page 22057]]

and Bodega Bay. Without changes to the fishery at the opening of the 
season, the commenters believe blue whale entanglements are likely to 
continue to occur because of the co-occurrence of blue whales and the 
California Dungeness crab pot fishery.
    Response: NMFS does not assign M/SI to a particular fishery unless 
there is documented evidence that the fishery is responsible for the M/
SI. We continue to use the information provided in the SARs for 
classifying fisheries on the LOF.
    We appreciate the reference to analysis conducted by NMFS regarding 
the co-occurrence of whales and fixed fishing gear along the U.S. West 
Coast (Saez et al., 2013). However, management of commercial and 
recreational fisheries are outside the scope of the LOF.
    Comment 10: A commenter recommends using permitting data and 
fisheries self-reported fishing activity data as a more effective way 
to track the estimated number of vessels/persons in the American Samoa 
bottomfish handline fishery.
    Response: There are no Federal permitting requirements for the 
bottomfish handline fishery in American Samoa. The number of fishers 
was estimated by using the average number of fishers per trip 
multiplied by the number of trips per day times the numbers of dates in 
the calendar year by gear type; the total was a combination of weekend 
and weekday stratum estimates. This method can be found in the most 
recent Annual Stock Assessment and Fishery Evaluation Report for 
American Samoa (WPRFMC, 2017). The current method provides the most 
accurate means of estimating participation given available data.
    Comment 11: With respect to NMFS' proposal to remove the Main 
Hawaiian Islands (MHI) Insular stock of false killer whales from the 
list of species and/or stocks incidentally killed or injured in the 
Category I Hawaii deep-set longline fishery, the HLA supports the 
proposal while the Commission does not support the proposal.
    The Commission notes that although no interactions were 
definitively attributed to MHI Insular false killer whales during the 
timeframe for the 2019 LOF, the 2017 SAR for the Hawaii false killer 
complex indicated that there was a small probability of the fishery 
interacting with MHI Insular false killer whales in 2011 and 2012. The 
Commission also notes that small numbers of interactions between MHI 
Insular false killer whales and the deep-set longline fishery may have 
occurred in the last 12 years (NMFS SARs 2012-2017) and rare events, 
such as interactions between the deep-set longline fishery and the MHI 
Insular stock, can go undetected for years, especially when observer 
coverage is low. The Commission also notes that three interactions 
within or close to the known range of the MHI Insular stock were 
documented in 2018 (data presented to the False Killer Whale Take 
Reduction Team) and field observations of MHI Insular false killer 
whales continue to document `line' scars that are consistent with 
injuries sustained through interaction with longline gear, some of 
which could have been from the deep-set longline fishery. Therefore, 
the Commission recommends that NMFS retain MHI Insular false killer 
whales on the list of stocks incidentally killed or injured in the 
deep-set longline fishery.
    Response: In the proposed LOF for 2019, NMFS proposed removing MHI 
Insular false killer whales from the list of species and/or stocks 
incidentally killed or injured in the Category I Hawaii deep-set 
longline fishery, primarily because no mortality or serious injuries 
from the insular stock had been observed from 2013 through 2017, 
according to the 2017 SAR. In those five years, only six false killer 
whale mortalities and serious injuries were observed inside the 
exclusive economic zone (EEZ).
    However, between February 8, 2018, and January 15, 2019, six 
additional false killer whale mortality and serious injuries have been 
observed inside the EEZ. Three of these mortalities and serious 
injuries occurred close to the outer boundary of the Main Hawaiian 
Islands Longline Fishing Prohibited Area, in close proximity to the 
outer boundary of the MHI Insular false killer whale stocks' range. 
While the interactions occurred within the pelagic stock boundary, the 
interactions have not yet been evaluated for assignment to insular or 
pelagic stocks in the SAR. The recent occurrence of three mortalities 
and serious injuries over a relatively short time period near the outer 
range of the insular stock has led us to reconsider our proposal to 
remove the insular stock from the list of stocks incidentally killed or 
injured by the deep-set longline fishery prior to SAR evaluation.
    As noted in the section of the LOF proposed rule describing how 
NMFS determines which species or stocks are included as incidentally 
killed or injured in a fishery, for fisheries with no observer coverage 
and for observed fisheries with evidence indicating that undocumented 
interactions may be occurring (e.g., fishery has evidence of fisheries 
interactions that cannot be attributed to a specific fishery and 
stranding network data include evidence of fisheries interactions that 
cannot be attributed to a specific fishery), stocks may be retained for 
longer than five years. For these fisheries, NMFS will review the other 
sources of relevant information to determine when it is appropriate to 
remove a species or stock.
    The MHI Insular false killer whale's range overlaps with areas that 
are open to deep-set longline fishing and MHI Insular false killer 
whales have been documented with injuries consistent with fisheries 
interactions that have not been attributed to a specific fishery (Baird 
et al., 2014). Although the SARs are based on the best available 
scientific information and provide the most current and inclusive 
information on each stock, including range, abundance, PBR, and level 
of interaction with commercial fishing operations, NMFS also reviews 
other sources of information, including injury determination reports, 
bycatch estimation reports, observer data, logbook data, stranding 
data, disentanglement network data, and anecdotal reports from that 
time period. The six recent observed false killer whale mortalities and 
serious injuries that occurred in 2018 and 2019, including three near 
the outer boundary of the insular false killer whale's range, have not 
yet been incorporated in the SARs. These 2018 and 2019 false killer 
whale mortalities and serious injuries will be more fully evaluated in 
future SARs. Nevertheless, these interactions are relevant information 
that persuade us to maintain the insular false killer whale stock in 
the LOF at this time, pending a full analysis of these interactions in 
a future SAR. For the above reasons, NMFS has decided to retain the MHI 
Insular false killer whale stock on the list of species and/or stocks 
killed or injured incidental to the HI deep-set longline fishery.
    Comment 12: The HLA restates a previous comment that the Hawaii 
deep-set longline fishery does not interact with the Northwestern 
Hawaiian Islands (NWHI) stock of false killer whales. HLA notes that 
(a) the False Killer Whale Take Reduction Plan closed the deep-set 
longline fishery for almost the entire range of the MHI insular and 
NWHI stocks, (b) since this change was made in 2013 there have been no 
interactions between the fishery and an animal from either stock, and 
(c) there has never been a deep-set longline fishery interaction in the 
very small area of the stocks' respective ranges that are not closed to 
longline fishing. HLA requests that NMFS remove these the

[[Page 22058]]

NWHI stock of false killer whales from the list of species and/or 
stocks incidentally killed or injured in the Category I Hawaii deep-set 
longline fishery.
    Response: This comment has been addressed previously (see 78 FR 
53336, August 29, 2013, comment 11; 79 FR 14418, March 14, 2014, 
comment 4; 79 FR 77919, December 29, 2014, comment 2; 81 FR 20550, 
April 8, 2016, comment 5; and 83 FR 5349, February 7, 2018, comment 
21). NMFS determines which species or stocks are included as 
incidentally killed or injured in a fishery by annually reviewing the 
information presented in the current SARs, among other relevant 
sources. The SARs are based on the best available scientific 
information and provide information on each stock, including range, 
abundance, PBR, and level of interaction with commercial fishing 
operations.
    The 2019 LOF is based on the 2017 SARs, which report fishery 
interactions from 2011-2015; this is the best scientific and commercial 
information available for the time period examined. As reported in the 
2017 SAR, nine false killer whales were taken in the deep-set longline 
fishery within the Hawaiian EEZ between 2011 and 2015, two occurred 
within the pelagic-NWHI overlap zone. Applying the proration methods 
described in detail in the 2017 SAR for takes in overlap zones, NMFS 
estimates a five-year average mortality and serious injury level of 0.4 
NWHI false killer whales per year incidental to the Hawaii-based deep-
set longline fishery from 2011-2015 (Carretta et al., 2018). NMFS 
retained the NWHI stock of false killer whales on the list of species 
and/or stocks incidentally killed or injured in the Category I Hawaii 
deep-set longline fishery.
    Comment 13: HLA recommends NMFS reclassify the Hawaii shallow-set 
longline fishery as a Category III fishery. HLA notes that the Hawaii 
shallow-set longline fishery has 100% observer coverage and only one 
serious injury has been observed in the EEZ since 2008. HLA states the 
2017 SAR attributes a 0.1 M/SI to the shallow-set longline fishery for 
the pelagic stock of false killer whales in the U.S. EEZ. However, the 
0.1 M/SI rate is derived entirely from a 2012 interaction that NMFS was 
unable to make a serious injury determination and was given a cannot be 
determined (CBD) determination. This CBD was then prorated as 0.3 M/SI 
because, in the previous five years, there were three interactions 
between the shallow-set longline fishery and the pelagic false killer 
whale stock in the EEZ. HLA believes if the 2012 CBD interaction is 
prorated based upon the five-year look-back period used in the 2017 SAR 
(2011-2015), then the M/SI rate would be 0.0 because there were only 
two other interactions from 2011-2015, both of which were determined to 
be non-serious. Therefore, HLA recommends the shallow-set longline 
fishery should be reclassified as a Category III fishery.
    Response: This comment has been addressed previously (see 83 FR 
5349, February 7, 2018, comment 26). NMFS uses the classification 
criteria described in the preamble to classify fisheries as Category I, 
Category II, or Category III. A fishery is classified under Category II 
if the annual mortality and serious injury of a stock in a given 
fishery is greater than 1 percent and less than 50 percent of the 
stock's PBR level. Additional details regarding categorization of 
fisheries is provided in the preamble to the final rule implementing 
section 118 of the MMPA (60 FR 45086; August 30, 1995). The false 
killer whale interaction in 2012 that resulted in a ``CBD'' 
determination was prorated following the methods described in the 2016 
SAR (Carretta et al., 2017), which prorates serious versus non-serious 
injuries using the historic rate of serious injury while accounting for 
changes in gear following implementation of the False Killer Whale Take 
Reduction Plan in 2013. This proration resulted in a 0.3 M/SI for the 
pelagic false killer whale stock as reported in the 2016 SAR, which is 
1.07 percent of PBR and within the range of 1-50 percent of PBR, 
requiring NMFS to classify the fishery as a Category II fishery 
consistent with section 118 of the MMPA.
    Comment 14: HLA restates a previous comment opposing the inclusion 
of the Hawaii stock of Kogia species (Hawaii) on the list of species 
and/or stocks incidentally killed or injured in the Hawaii deep-set 
longline fishery. HLA requests that NMFS remove Kogia species from the 
list of species and/or stocks incidentally killed or injured in the 
deep-set longline fishery, because the 2017 SAR does not identify any 
observed interactions between either of the Hawaii Kogia stocks and the 
deep-set longline fishery.
    Response: Although the 2013 SAR does not include observed 
interactions with Hawaii pygmy whales and dwarf sperm whales, a Kogia 
spp. M/SI was observed in the Hawaii deep-set longline fishery on 
February 25, 2014, resulting in a serious injury (Carretta et al., 
2017a). The 2017 SAR did not include updates to Kogia spp.; NMFS plans 
to update the Kogia spp. stock assessment in the 2018 SAR.

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

    Comment 15: Lund's Fisheries and The Town Dock note the longfin 
small mesh bottom trawl squid fishery is included on the LOF in both of 
the Category II Northeast and mid-Atlantic bottom trawl fisheries. In 
2018, the Marine Stewardship Council determined that the U.S. 
Northeastern Longfin Inshore Squid Small Mesh Bottom Trawl Fishery, 
harvested by small mesh bottom trawls in U.S. waters between the Gulf 
of Maine and Cape Hatteras, NC, was certified as a sustainable fishery. 
The commenters request NMFS conduct a tier analysis of long-finned 
pilot whale mortality and serious injury in the small mesh and large 
mesh bottom trawl fisheries and consider classifying the small mesh and 
large mesh bottom trawl fisheries as separate fisheries on the LOF.
    Response: NMFS received the request for an updated assessment for 
long-finned pilot whales and the subsequent request to use this 
information for analyses under the LOF, including splitting the bottom 
trawl fishery based on mesh size. At this time, we are unable to 
provide an update to the LOF classifications impacted by long-finned 
pilot whale bycatch without further information about pilot whale 
abundance in Canada. Updated Canadian stock assessments are currently 
being calculated and are expected in 2019. Future SARs will include 
updates to the pilot whale assessments as information becomes 
available.
    Comment 16: The Commission does not agree with NMFS' proposal to 
remove the Western North Atlantic stock of gray seals from the list of 
species and/or stocks incidentally killed or injured in the Category II 
mid-Atlantic mid-water trawl fishery. The Commission recommends NMFS 
retain the Western North Atlantic stock of gray seals on the list of 
species and/or stocks incidentally killed or injured because NMFS' 
guidelines allow it to keep a stock with no deaths or injuries within 
the LOF timeframe on the list if there was no observer coverage of the 
fishery, or if there is evidence to suggest that undocumented 
interactions are occurring. Although there was observer coverage of the 
mid-Atlantic mid-water trawl fishery during the 2019 LOF timeframe, 
that coverage was nominal--just 2 to 6 percent. As previously noted by 
the Commission, rare mortality or serious injury events can be missed 
for several years, especially when observer coverage is extremely low. 
The

[[Page 22059]]

Commission also notes the 2018 draft SAR for Western North Atlantic 
gray seals documented continued strandings within the range of the mid-
Atlantic mid-water trawl fishery, and some of these stranding had signs 
of fisheries interactions. Therefore, the Commission recommends that 
NMFS retain Western North Atlantic gray seals on the list of stocks 
incidentally killed or injured in the mid-Atlantic mid-water trawl 
fishery.
    Response: In general, species are listed as incidentally killed or 
injured in a particular fishery based on data observed from the last 
five years. The list contained in the LOF is not intended to serve as a 
historical overview of takes as that data is available in individual 
species SARs as well as Appendix III.
    From 2011-2015, no mortalities or injuries of gray seals were 
observed or reported in the mid-Atlantic mid-water trawl fishery (Hayes 
et al., 2018). During this time-frame, the estimated percent observer 
coverage (trips) for the mid-Atlantic midwater trawl fishery was 41, 
21, 7, 5, and 3%, respectively. Observer coverage includes both 
observers and at-sea monitors and averages 15.8% from 2011-2015. While 
strandings may occur in areas that overlap with the range of the mid-
Atlantic mid-water trawl fishery, there are also several other 
fisheries that operate in this area. There is no evidence to support 
that these strandings were caused by the mid-Atlantic mid-water trawl 
fishery specifically. The removal of the Western North Atlantic stock 
of gray seals from the list of species incidentally killed or injured 
(Table 2) in this fishery does not impact the categorization of the 
fisheries in question as other species taken are driving the current 
categorization. NMFS will annually monitor bycatch of marine mammals in 
the Mid-Atlantic Mid-water trawl fishery, and will make adjustments to 
Table 2 should takes occur again in the future. NMFS has removed the 
Western North Atlantic stock of gray seals from the list of species 
and/or stocks incidentally killed or injured in the Category II mid-
Atlantic mid-water trawl fishery.
    Comment 17: The MLA requests NMFS reclassify the Maine lobster 
fishery as a stand-alone fishery, instead of including the fishery as 
part of the broader Category I Northeast/mid-Atlantic American lobster 
pot fishery.
    MLA notes that the Maine lobster fishery is the largest lobster 
fishery, representing 83 percent of U.S. American lobster landings 
(NOAA Commercial Fisheries Statistics), and data concerning the Maine 
lobster fishery's interaction with endangered large whales should be 
separated from that of other fishery regions with different levels of 
endangered large whale interactions. MLA states that in 2017, the state 
of Maine issued 5,900 lobster licenses. The majority (4,700) are small 
operations fishing seasonally from May through November within state 
waters.
    MLA notes the 2018 draft North Atlantic right whale SAR identifies 
28 individual serious injury and mortality cases from 2012 to 2016. Of 
these cases, two were attributed to the Canadian snow crab fishery, one 
to a U.S. trap/pot fishery and one to an unknown U.S. fishery where no 
gear was recovered. The gear in the other 24 cases could not be 
attributed to a particular fishery or country and nine had no gear 
present at all.
    MLA states that based on NMFS entanglement records from 2000 to 
2018, there has been only one right whale (#3120) confirmed entangled 
in Maine gear in April 2002 and the entanglement did not result in a 
mortality or serious injury. The only other record of Maine gear listed 
in the NMFS entanglement database relates to right whale #3146. 
However, the Maine lobster gear was a minor portion of a large gear 
ball the whale had been carrying and was not the primary entanglement.
    MLA believes that based on recent data showing a shift in right 
whale distribution away from the Gulf of Maine, and lack of data on 
interactions between Maine lobster gear and right whales, NMFS should 
list the Maine state waters lobster fishery as a Category III fishery, 
and the Maine Federal waters lobster fishery as a Category II fishery.
    Response: Entanglement in trap/pot gear is one of the largest 
threats that North Atlantic large whales face and attributing gear from 
entanglement events to a specific fishery and geographic location is 
difficult. The long distances the whales travel and transport gear 
before being sighted; rarity of actually sighting an entangled whale 
compared to the estimated entanglement rates; lack of adequate observer 
coverage on trap/pot fisheries, particularly state trap/pot fisheries; 
challenges in recovering gear if a whale is disentangled; and low 
likelihood that recovered gear is marked with an adequate location 
identifier all complicate our ability to identify discrete locations 
where entanglements occur.
    The Atlantic Large Whale Take Reduction Team (Team) has spent many 
meetings and years grappling with this problem. NMFS introduced the 
concept of gear marking in 1998 under the Atlantic Large Whale Take 
Reduction Plan (Plan). The gear marking strategy has been continually 
updated over the past two decades, with the more recent refinements 
being added in 2015 to continue helping determine where the highest 
risk of entanglement occurs. However, despite the current gear marking 
requirements, recovering gear entangling whales that possesses gear 
marks has remained low. This may indicate that whales are becoming 
entangled in areas where gear marking is not currently required or that 
the current gear marking strategy is inadequate to determine the 
spatial risk of where entanglements occur. Through the Team process, we 
are exploring additional ways to continue refining gear marking to help 
address these important questions.
    While recovering marked gear from entangled large whales is rare, 
there were three documented cases between 2011-2016 where gear was 
recovered from disentangled North Atlantic right whales that were 
marked with red markings. Under the Plan gear marking requirements, 
this red marking represents the Northern Inshore State Waters and 
Northern Nearshore trap/pot Atlantic Large Whale Take Reduction Plan 
management areas, which includes areas where Maine lobstermen fish. 
Specifically, both areas are large and incorporate waters off 
Massachusetts, New Hampshire; and offshore. Both areas also overlap 
Maine state waters and Federal waters where Maine lobstermen operate. 
The specific trap/pot gear from two of these entanglements could not be 
identified. However, gear from one of the entanglement events (the 2016 
event) with red markings was identified as lobster gear. With increased 
gear marking in the future, we will be better able to determine if 
fisheries in specific geographic areas should be reviewed for changes 
to categorization on the LOF. We commend the state of Maine for 
pursuing additional gear marking independent of the Team process. 
Additionally, if Maine state and Federal fisheries implement gear 
modifications to eliminate risk to large whales, such as vertical 
lineless technologies, we would evaluate that fishing gear according to 
the level of risk posed to marine mammals especially if it that risk is 
different from traditional fishing gear.
    Comment 18: CBD, HSUS and WDC request NMFS consider the impacts of 
the mid-Atlantic gillnet fishery on the endangered North Atlantic right 
whale, because there is a clear analog in the mid-Atlantic to risk that 
is well known in the Northeast. The commenters

[[Page 22060]]

recommend adding the North Atlantic right whale to the list of stocks 
incidentally killed or injured in the mid-Atlantic gillnet fishery.
    The commenters note that survey data, as well as opportunistic 
sightings and stranding data, suggest that right whales use the waters 
south of Nantucket and Martha's Vineyard year-round. According to the 
Northeast Fisheries Management Council, these waters are also a high 
use area for gillnet and pot/trap fisheries. CBD, HSUS and WDC note 
right whales are known to interact with gillnet fisheries and appear to 
do so disproportionately to other gear types. For example, 33 percent 
(8/24) of the right whale entanglement cases documented between 2010 
and 2013 were in gear consistent with the gillnet fishery.
    CBD, HSUS and WDC also note the distribution of right whales has 
dramatically shifted since 2010, likely in response to changes in 
climate and prey availability. As a result, it would appear that right 
whales' year-round use of the potentially productive waters in the mid-
Atlantic is likely to increase and, as a result, so will their risk of 
entanglement in gillnets in the area. This increased risk to right 
whales should be considered in the categorization of the mid-Atlantic 
gillnet fishery.
    Response: The mid-Atlantic gillnet fishery is listed as a Category 
I fishery in the 2019 LOF. The list of species and/or stocks 
incidentally killed or injured in the mid-Atlantic gillnet fishery 
includes those species the fishery has killed/injured during the last 
five years. The North Atlantic right whale is not included in this list 
because we do not have information that links this fishery to an 
entangled right whale from 2011-2015 (Hayes et al., 2018). As 
previously stated, Table 2 does not serve as a historical reference of 
takes within a fishery or serve as an inclusive list for potential risk 
a fishery poses to species.
    Between 2011-2015, there were two North Atlantic right whale 
entanglements in gillnet gear where the specific fishery and location 
of the entanglement could not be identified. In this timeframe, there 
were an additional 22 entanglements where the entangling gear and 
location could not be identified. Because North Atlantic right whales 
entanglements have been documented in unidentified gillnet gear, we 
acknowledge that gillnets throughout the range pose a threat of 
entanglement or serious injury to this species, especially given the 
level of uncertainty regarding where large whale entanglements occurs. 
We recognize this risk by including this fishery in management efforts 
associated with the Atlantic Large Whale Take Reduction Team and Plan 
(see Table 4).
    Comment 19: CBD, HSUS and WDC support adding the northern Gulf of 
Mexico stock of sperm whales to the list of species and/or stocks 
incidentally killed or injured in the Atlantic Ocean, Caribbean, Gulf 
of Mexico large pelagics longline fishery and recommends adding a 
reference in the LOF to support this change.
    Response: NMFS has added the northern Gulf of Mexico stock of sperm 
whales to the list of species and/or stocks incidentally killed or 
injured in the Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 
longline fishery as proposed. Additional information about the northern 
Gulf of Mexico sperm whale entanglement in the pelagic longline fishery 
is available in NOAA Technical Memorandum, NOAA NMFS-SEFSC-709 
(Garrison and Stokes, 2017).

Comments on Aquaculture

    Comment 20: In response to NMFS' request for information on 
existing and anticipated gear types used for coastal and offshore 
aquaculture facilities, CBD, HSUS and WDC provided information on 
finfish, longline, marine algae and shellfish aquaculture. CBD, HSUS 
and WDC commented on the risk of cetacean entanglements in fish pens, 
longline aquaculture, marine algae culture and shellfish aquaculture 
fixed gear.
    CBD, HSUS and WDC noted two humpback whales were entangled in a 
single Canadian aquaculture array in 2016. Both whales were reportedly 
entangled in the array's anchorage system with at least one of the 
whales dying as a result of the entanglement. In addition, an 
endangered North Pacific right whale was found seriously entangled in a 
shellfish aquaculture array in Korea.
    Response: NMFS thanks the commenters for providing this information 
on various aquaculture operations and will review and consider it in 
future LOFs.

Summary of Changes From the Proposed Rule

    NMFS retains the MHI Insular stock of false killer whales on the 
list of species and/or stocks incidentally killed or injured in the 
Category I Hawaii deep-set longline fishery based on the overlap of the 
stock's range with HI deep-set longline fishing operations and the 
documentation of MHI Insular false killer whale injuries consistent 
with fisheries interactions that have not been attributed to a specific 
fishery.

Summary of Changes to the LOF for 2019

    The following summarizes changes to the LOF for 2019, including the 
estimated number of vessels/persons in a particular fishery, and the 
species and/or stocks that are incidentally killed or injured in a 
particular fishery. The classifications and definitions of U.S. 
commercial fisheries for 2019 are identical to those provided in the 
LOF for 2018. State and regional abbreviations used in the following 
paragraphs include: AK (Alaska), BSAI (Bering Sea and Aleutian 
Islands), CA (California), DE (Delaware), FL (Florida), GOA (Gulf of 
Alaska), GMX (Gulf of Mexico), HI (Hawaii), MA (Massachusetts), ME 
(Maine), NC (North Carolina), NY (New York), OR (Oregon), RI (Rhode 
Island), SC (South Carolina), VA (Virginia), WA (Washington), and WNA 
(Western North Atlantic).

Commercial Fisheries in the Pacific Ocean

Fishery Name and Organizational Changes and Clarification

    NMFS adds a superscript ``1'' to the CA/OR/WA stock of short-finned 
pilot whale to indicate it is driving the Category II classification of 
the CA thresher shark/swordfish drift gillnet (>=14 inch (in) mesh).

Number of Vessels/Persons

    NMFS updates the estimated number of vessels/persons in the Pacific 
Ocean (Table 1) as follows:
Category I
 HI deep-set longline fishery from 143 to 142 vessels/persons
Category II
 HI shallow-set longline fishery from 22 to 13 vessels/person
 American Samoa longline fishery from 18 to 20 vessels/persons
Category III
 American Samoa bottomfish handline from 17 to 1092 vessels/
person.

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

    NMFS adds the Hawaii stock of rough-toothed dolphin to the list of 
species and/or stocks incidentally killed or injured in the Category I 
Hawaii deep-set longline fishery.
    NMFS adds the Western North Pacific and Central North Pacific 
humpback whale stocks to the list of species and/or stocks incidentally 
killed or injured in the Category II AK Kodiak salmon set gillnet 
fishery.

[[Page 22061]]

    NMFS adds the Eastern Chukchi Sea, Eastern Bering Sea, and Bristol 
Bay stocks of beluga whale to the list of species and/or stocks 
incidentally killed or injured in the Category II AK Bering Sea, 
Aleutian Islands pollock trawl fishery.
    NMFS adds the southern sea otter to the list of species and/or 
stocks incidentally killed or injured in the Category II CA spiny 
lobster fishery.
    NMFS adds the Eastern North Pacific stock of blue whales to the 
list of species and/or stocks incidentally killed or injured in the 
Category II CA Dungeness crab pot fishery. In addition, NMFS adds a 
superscript ``1'' to the stock to indicate it is driving the 
classification of the fishery.
    NMFS adds the Eastern North Pacific AK resident stock of killer 
whale and AK spotted seal to the list of species and/or stocks 
incidentally killed or injured in the Category II AK Bering Sea, 
Aleutian Islands Pacific cod longline fishery.
    NMFS adds the Western U.S. stock of Steller sea lion to the list of 
species and/or stocks incidentally killed or injured in the Category II 
AK Gulf of Alaska sablefish longline fishery.
    NMFS adds the Central North Pacific stock of humpback whale to the 
list of species and/or stocks incidentally killed or injured in the 
Category III AK Prince William Sound salmon set gillnet fishery.
    NMFS adds the Western North Pacific stock of humpback whale to the 
list of species and/or stocks incidentally killed or injured in the 
Category III AK Kodiak salmon purse seine fishery.
    NMFS adds the Central North Pacific stock of humpback whale to the 
list of species and/or stocks incidentally killed or injured in the 
Category III AK Southeast salmon purse seine fishery.
    NMFS adds the Eastern Pacific stock of northern fur seal and North 
Pacific stock of sperm whale to the list of species and/or stocks 
incidentally killed or injured in the Category III AK Bering Sea, 
Aleutian Islands halibut longline fishery.
    NMFS adds the AK stock of bearded seal to the list of species and/
or stocks incidentally killed or injured in the Category III AK Bering 
Sea, Aleutian Islands Pacific cod trawl fishery.
    NMFS adds the AK stock of harbor seal and Western U.S. stock of 
Steller sea lion to the list of species and/or stocks incidentally 
killed or injured in the Category III AK Gulf of Alaska flatfish trawl 
fishery.
    NMFS adds the AK stock of harbor seal to the list of species and/or 
stocks incidentally killed or injured in the Category III AK Gulf of 
Alaska Pacific cod trawl fishery.
    NMFS adds the Western U.S. stock of Steller sea lion to the list of 
species and/or stocks incidentally killed or injured in the Category 
III AK Gulf of Alaska rockfish trawl fishery.
    NMFS adds the Western Arctic stock of bowhead whale to the list of 
species and/or stocks incidentally killed or injured in the Category 
III AK Bering Sea, Aleutian Islands crab pot fishery.

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

Fishery Name and Organizational Changes and Clarification

    NMFS removes the superscript ``1'' from the Northern migratory 
coastal stock of bottlenose dolphin to indicate this stock is no longer 
driving the Category I classification of the Mid-Atlantic gillnet 
fishery.
    NMFS removes the superscript ``1'' from the Gulf of Maine stock of 
harbor porpoise to indicate this stock is no longer driving the 
Category I classification of the Northeast sink gillnet fishery.
    NMFS adds a superscript ``1'' to the Western North Atlantic 
offshore stock of bottlenose dolphin to indicate it is driving the 
Category II classification of the Mid-Atlantic bottom trawl fishery.
    NMFS adds a superscript ``1'' to the Southern migratory coastal 
stock of bottlenose dolphin to indicate it is driving the Category II 
classification of the Atlantic blue crab trap/pot fishery.
    NMFS adds a superscript ``1'' to the Gulf of Mexico Northern 
Coastal stock of bottlenose dolphin to indicate it is driving the 
Category II classification of the Southeastern U.S. Atlantic, Gulf of 
Mexico shrimp trawl 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:
Category I
 Northeast sink gillnet fishery from 4,332 to 3,163 vessels/
persons
 Northeast/Mid-Atlantic American lobster trap/pot fishery from 
10,163 to 8,485 vessels/persons
Category II
 Mid-Atlantic mid-water trawl (including pair trawl) fishery 
from 382 to 320 vessels/persons
 Mid-Atlantic bottom trawl fishery from 785 to 633 vessels/
persons
 Northeast mid-water trawl (including pair trawl) fishery from 
1,087 to 542 vessels/persons
Category III
 Atlantic mixed species trap/pot fishery from 3,436 to 3,332 
vessels/persons.

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

    NMFS removes the WNA stock of harp seal from the stocks listed as 
incidentally killed or injured in the Category I Mid-Atlantic gillnet 
fishery.
    NMFS adds the Northern Gulf of Mexico stock of sperm whale to the 
list of species and/or stocks incidentally killed or injured in the 
Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 
longline fishery.
    NMFS adds the Gulf of Mexico Eastern Coastal stock of bottlenose 
dolphin to the list of species and/or stocks incidentally killed or 
injured in the Category II Gulf of Mexico gillnet fishery.
    NMFS removes the WNA stock of gray seal from the stocks listed as 
incidentally killed or injured in the Category II Mid-Atlantic mid-
water trawl fishery.
    NMFS removes the Canadian east coast stock of minke whale from the 
stocks listed as incidentally killed or injured in the Category II 
Northeast mid-water trawl fishery.
    NMFS adds two stocks of bottlenose dolphins to the list species 
and/or stocks incidentally killed or injured in the Category II 
Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery, 
including: (1) Mobile Bay, Bonsecour Bay; and (2) Mississippi River 
Delta.
    NMFS removes the WNA stock of gray seal from the stocks listed as 
incidentally killed or injured in the Category III Gulf of Maine 
Atlantic herring purse seine fishery.
    NMFS removes two stocks of pilot whales from the list of species 
and/or stocks incidentally killed or injured in the Category III U.S. 
Atlantic tuna purse seine fishery, including: (1) WNA stock of long-
finned pilot whale; and (2) WNA stock of short-finned pilot whale.

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:
Category I
 Atlantic highly migratory species longline fishery from 79 to 
67 vessels/persons
 Western Pacific pelagic longline (HI deep-set component) 
fishery from 143 to 142 vessels/persons

[[Page 22062]]

Category II
 Pacific highly migratory species drift gillnet fishery from 4 
to 6 vessels/persons
 Atlantic highly migratory species trawl fishery from 2 to 1 
vessels/persons
 South Pacific tuna purse seine fishery from 35 to 38 vessels/
persons
 South Pacific albacore troll longline fishery from 9 to 11 
vessels/persons
 South Pacific tuna longline fishery from 4 to 3 vessels/
persons
 Western Pacific pelagic longline (HI shallow-set component) 
fishery from 22 to 13 vessels/persons
 Pacific highly migratory species handline/pole and line 
fishery from 42 to 48 vessels/persons
 South Pacific albacore troll handline/pole and line fishery 
from 11 to 15 vessels/persons
 Western Pacific pelagic handline/pole and line fishery from 5 
to 6 vessels/persons
 South Pacific albacore troll fishery from 22 to 24 vessels/
persons
 South Pacific tuna troll fishery from 4 to 3 vessels/persons
Category III
 Northwest Atlantic bottom longline fishery from 1 to 2 
vessels/persons
 Pacific highly migratory species longline fishery from 105 to 
128 vessels/persons
 Pacific highly migratory species purse seine fishery from 7 to 
10 vessels/persons
 Northwest Atlantic trawl fishery from 2 to 4 vessels/persons
 Pacific highly migratory species troll fishery from 149 to 150 
vessels/persons

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

    NMFS adds the Hawaii stock of fin whale, Guadalupe fur seal and 
unknown stock of Mesoplodon species to the list of species and/or 
stocks incidentally killed or injured in the Category II Western 
Pacific Pelagic (HI shallow-set component) longline fishery.

Fisheries Affected by Take Reduction Teams and Plans

    NMFS corrects an administrative error in Table 4. Under ``affected 
fisheries'' for the Pacific Offshore Cetacean Take Reduction Plan, NMFS 
updates the CA thresher shark/swordfish drift gillnet (>=14 in mesh) 
from Category I to Category II. This fishery was reclassified in the 
2018 LOF (83 FR 5349, February 7, 2018), but the change was not 
reflected in Table 4.

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 fisherman 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 LOF, 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, fishermen self-reports (i.e., MMPA 
reports), and anecdotal reports. The best available scientific 
information included in these reports is based on data through 2015. 
This list includes all species and/or stocks known to be killed or 
injured in a given fishery but also includes species and/or stocks for 
which there are anecdotal records of a mortality or injury. 
Additionally, species identified by logbook entries, stranding data, or 
fishermen self-reports (i.e., MMPA reports) may not be verified. In 
Tables 1 and 2, NMFS has designated those species/stocks driving a 
fishery's classification (i.e., the fishery is classified based on 
mortalities and serious injuries of a marine mammal stock that are 
greater than or equal to 50 percent (Category I), or greater than 1 
percent and less than 50 percent (Category II), of a stock's PBR) by a 
``1'' after the stock's name.
    In Tables 1 and 2, there are several fisheries classified as 
Category II that have no recent documented mortalities or serious 
injuries of marine mammals, or fisheries that did not result in a 
mortality or serious injury rate greater than 1 percent of a stock's 
PBR level based on known interactions. NMFS has classified these 
fisheries by analogy to other Category I or II fisheries that use 
similar fishing techniques or gear that are known to cause mortality or 
serious injury of marine mammals, as discussed in the final LOF for 
1996 (60 FR 67063; December 28, 1995), and according to factors listed 
in the definition of a ``Category II fishery'' in 50 CFR 229.2 (i.e., 
fishing techniques, gear types, methods used to deter marine mammals, 
target species, seasons and areas fished, qualitative data from 
logbooks or fishermen reports, stranding data, and

[[Page 22063]]

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
                               Estimated number of     species and/or
     Fishery description         vessels/ persons    stocks incidentally
                                                      killed or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Longline/Set Line Fisheries:
    HI deep-set longline *     142................  Bottlenose dolphin,
     [supcaret].                                     HI Pelagic; False
                                                     killer whale, MHI
                                                     Insular; \1\ False
                                                     killer whale, HI
                                                     Pelagic; \1\ False
                                                     killer whale, NWHI;
                                                     Humpback whale,
                                                     Central North
                                                     Pacific; Kogia spp.
                                                     (Pygmy or dwarf
                                                     sperm whale), HI;
                                                     Pygmy killer whale,
                                                     HI; Risso's
                                                     dolphin, HI; Rough-
                                                     toothed dolphin,
                                                     HI; Short-finned
                                                     pilot whale, HI;
                                                     Sperm whale, HI;
                                                     Striped dolphin,
                                                     HI.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
Gillnet Fisheries:
    CA thresher shark/         18.................  Bottlenose dolphin,
     swordfish drift gillnet                         CA/OR/WA offshore;
     (>=14 in mesh) *.                               California sea
                                                     lion, U.S.; Dall's
                                                     porpoise, CA/OR/WA;
                                                     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; \1\ Sperm
                                                     Whale, CA/OR/WA.\1\
    CA halibut/white seabass   50.................  California sea lion,
     and other species set                           U.S.; Harbor seal,
     gillnet (>3.5 in mesh).                         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.; Long-beaked
     gillnet (mesh size >=3.5                        common dolphin, CA;
     in and <14 in) \2\.                             Short-beaked common
                                                     dolphin, CA/OR/WA.
    AK Bristol Bay salmon      1,862..............  Beluga whale,
     drift gillnet \2\.                              Bristol Bay; Gray
                                                     whale, Eastern
                                                     North Pacific;
                                                     Harbor seal, Bering
                                                     Sea; Northern fur
                                                     seal, Eastern
                                                     Pacific; Pacific
                                                     white-sided
                                                     dolphin, North
                                                     Pacific; Spotted
                                                     seal, AK; Steller
                                                     sea lion, Western
                                                     U.S.
    AK Bristol Bay salmon set  979................  Beluga whale,
     gillnet \2\.                                    Bristol Bay; Gray
                                                     whale, Eastern
                                                     North Pacific;
                                                     Harbor seal, Bering
                                                     Sea; Northern fur
                                                     seal, Eastern
                                                     Pacific; Spotted
                                                     seal, AK.
    AK Kodiak salmon set       188................  Harbor porpoise,
     gillnet.                                        GOA; \1\ Harbor
                                                     seal, GOA; Humpback
                                                     whale, Central
                                                     North Pacific;
                                                     Humpback whale,
                                                     Western North
                                                     Pacific; 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,
     gillnet \2\.                                    GOA; 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).

[[Page 22064]]

 
    WA Puget Sound Region      210................  Dall's porpoise, CA/
     salmon drift gillnet                            OR/WA; Harbor
     (includes all inland                            porpoise, inland
     waters south of U.S.-                           WA; \1\ Harbor
     Canada border and                               seal, WA inland.
     eastward of the Bonilla-
     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.
    AK Bering Sea, Aleutian    102................  Bearded Seal, AK;
     Islands pollock trawl.                          Beluga whale,
                                                     Bristol Bay; Beluga
                                                     whale, Eastern
                                                     Bering Sea; Beluga
                                                     whale, Eastern
                                                     Chukchi Sea; 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; \1\ Gray
                                                     whale, Eastern
                                                     North Pacific;
                                                     Southern sea otter.
    CA spot prawn pot........  25.................  Gray whale, Eastern
                                                     North Pacific;
                                                     Humpback whale, CA/
                                                     OR/WA.\1\
    CA Dungeness crab pot....  570................  Blue whale, Eastern
                                                     North Pacific; \1\
                                                     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,
     longline.                                       Eastern North
                                                     Pacific AK
                                                     resident; Killer
                                                     whale, GOA, BSAI
                                                     transient; \1\
                                                     Northern fur seal,
                                                     Eastern Pacific;
                                                     Ringed seal, AK;
                                                     Spotted seal, AK.
    AK Gulf of Alaska          295................  Sperm whale, North
     sablefish longline.                             Pacific; Steller
                                                     sea lion, Western
                                                     U.S.
    HI shallow-set longline *  13.................  Blainville's beaked
     [supcaret].                                     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    20.................  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 Prince William Sound    29.................  Harbor seal, GOA;
     salmon set gillnet.                             Humpback whale,
                                                     Central North
                                                     Pacific; 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 eulachon gillnet.
    WA/OR lower Columbia       110................  California sea lion,
     River (includes                                 U.S.; Harbor seal,
     tributaries) drift                              OR/WA coast.
     gillnet.
    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; Humpback
                                                     whale, Western
                                                     North Pacific.

[[Page 22065]]

 
    AK Southeast salmon purse  315................  Humpback whale,
     seine.                                          Central North
                                                     Pacific.
    AK Metlakatla salmon       10.................  None documented.
     purse 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;
     (Prince William Sound,                          Harbor seal, Prince
     Chignik, Alaska                                 William Sound.
     Peninsula).
    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 Bering Sea, Aleutian    unknown............  None documented.
     Islands groundfish hand
     troll and dinglebar
     troll.
    AK Gulf of Alaska          unknown............  None documented.
     groundfish hand troll
     and dinglebar troll.
    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    4..................  Killer whale, AK
     Islands Greenland turbot                        resident.
     longline.
    AK Bering Sea, Aleutian    22.................  None documented.
     Islands sablefish
     longline.
    AK Bering Sea, Aleutian    127................  Northern fur seal,
     Islands halibut longline.                       Eastern Pacific;
                                                     Sperm whale, North
                                                     Pacific.
    AK Gulf of Alaska halibut  855................  None documented.
     longline.
    AK Gulf of Alaska Pacific  92.................  Steller sea lion,
     cod longline.                                   Western U.S.
    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.................  Bearded seal, AK;
     Islands Atka mackerel                           Ribbon seal, AK;
     trawl.                                          Steller sea lion,
                                                     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.................  Harbor seal, AK;
     flatfish trawl.                                 Northern elephant
                                                     seal, North
                                                     Pacific; Steller
                                                     sea lion, Western
                                                     U.S.
    AK Gulf of Alaska Pacific  55.................  Harbor seal, AK;
     cod trawl.                                      Steller sea lion,
                                                     Western U.S.
    AK Gulf of Alaska pollock  67.................  Dall's porpoise, AK;
     trawl.                                          Fin whale,
                                                     Northeast Pacific;
                                                     Northern elephant
                                                     seal, North
                                                     Pacific; Steller
                                                     sea lion, Western
                                                     U.S.
    AK Gulf of Alaska          43.................  Steller sea lion,
     rockfish trawl.                                 Western U.S.
    AK Kodiak food/bait        4..................  None documented.
     herring otter trawl.
    AK shrimp otter trawl and  38.................  None documented.
     beam trawl.

[[Page 22066]]

 
    AK state-managed waters    2..................  None documented.
     of Prince William Sound
     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 Bering Sea, Aleutian    6..................  None documented.
     Islands sablefish pot.
    AK Bering Sea, Aleutian    59.................  None documented.
     Islands Pacific cod pot.
    AK Bering Sea, Aleutian    540................  Bowhead whale,
     Islands crab pot.                               Western Arctic;
                                                     Gray whale, Eastern
                                                     North Pacific.
    AK Gulf of Alaska crab     271................  None documented.
     pot.
    AK Gulf of Alaska Pacific  116................  Harbor seal, GOA.
     cod pot.
    AK Gulf of Alaska          248................  None documented.
     sablefish pot.
    AK Southeast Alaska crab   375................  Humpback whale,
     pot.                                            Central North
                                                     Pacific (Southeast
                                                     AK).
    AK Southeast Alaska        99.................  Humpback whale,
     shrimp pot.                                     Central North
                                                     Pacific (Southeast
                                                     AK).
    AK shrimp pot, except      141................  None documented.
     Southeast.
    AK octopus/squid pot.....  15.................  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 Bering Sea, Aleutian    2..................  None documented.
     Islands groundfish jig.
    AK Gulf of Alaska          214................  Fin whale, Northeast
     groundfish jig.                                 Pacific.
    AK halibut jig...........  71.................  None documented.
    American Samoa bottomfish  1092...............  None documented.
    Commonwealth of the        28.................  None documented.
     Northern Mariana Islands
     bottomfish.
    Guam bottomfish..........  >300...............  None documented.
    HI aku boat, pole, and     <3.................  None documented.
     line.
    HI bottomfish handline...  578................  None documented in
                                                     recent years.
    HI inshore handline......  357................  None documented.
    HI pelagic handline......  534................  None documented.
    WA groundfish, bottomfish  679................  None documented.
     jig.
    Western Pacific squid jig  0..................  None documented.
Harpoon Fisheries:
    CA swordfish harpoon.....  6..................  None documented.
Pound Net/Weir Fisheries:
    AK herring spawn on kelp   291................  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:
    AK scallop dredge........  108 (5 AK).........  None documented.
Dive, Hand/Mechanical
 Collection Fisheries:
    AK clam..................  130................  None documented.
    AK Dungeness crab........  2..................  None documented.
    AK herring spawn on kelp.  266................  None documented.
    AK miscellaneous           214................  None documented.
     invertebrates handpick.
    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.

[[Page 22067]]

 
    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 (1,006 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.
[supcaret] 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
                               Estimated number of     species and/or
     Fishery description         vessels/ persons    stocks incidentally
                                                      killed or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Gillnet Fisheries:
    Mid-Atlantic gillnet.....  3,950..............  Bottlenose dolphin,
                                                     Northern Migratory
                                                     coastal; 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;
                                                     Humpback whale,
                                                     Gulf of Maine;
                                                     Minke whale,
                                                     Canadian east
                                                     coast.
    Northeast sink gillnet...  3,163..............  Bottlenose dolphin,
                                                     WNA offshore;
                                                     Common dolphin,
                                                     WNA; Fin whale,
                                                     WNA; Gray seal,
                                                     WNA; Harbor
                                                     porpoise, GME/BF;
                                                     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     8,485..............  Humpback whale, Gulf
     American lobster trap/                          of Maine; Minke
     pot.                                            whale, Canadian
                                                     east coast; North
                                                     Atlantic right
                                                     whale, WNA.\1\
Longline Fisheries:
    Atlantic Ocean,            280................  Atlantic spotted
     Caribbean, Gulf of                              dolphin, Northern
     Mexico large pelagics                           GMX; Bottlenose
     longline *.                                     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; Rough-toothed
                                                     dolphin, Northern
                                                     GMX; Short-finned
                                                     pilot whale,
                                                     Northern GMX; Short-
                                                     finned pilot whale,
                                                     WNA; \1\ Sperm
                                                     whale, Northern
                                                     GMX.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
Gillnet Fisheries:
    Chesapeake Bay inshore     248................  Bottlenose dolphin,
     gillnet \2\.                                    unknown (Northern
                                                     migratory coastal
                                                     or Southern
                                                     migratory coastal).

[[Page 22068]]

 
    Gulf of Mexico gillnet     248................  Bottlenose dolphin,
     \2\.                                            Eastern GMX
                                                     coastal; Bottlenose
                                                     dolphin, 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.          23.................  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     320................  Harbor seal, WNA.
     trawl (including pair
     trawl).
    Mid-Atlantic bottom trawl  633................  Bottlenose dolphin,
                                                     WNA offshore; \1\
                                                     Common dolphin,
                                                     WNA; \1\ Gray seal,
                                                     WNA; Harbor seal,
                                                     WNA; Risso's
                                                     dolphin, WNA; \1\
                                                     White-sided
                                                     dolphin, WNA.
    Northeast mid-water trawl  542................  Common dolphin, WNA;
     (including pair trawl).                         Gray seal, WNA;
                                                     Harbor seal, WNA;
                                                     Long-finned pilot
                                                     whale, WNA.\1\
    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,
                                                     Mississippi River
                                                     Delta; Bottlenose
                                                     dolphin, Mobile
                                                     Bay, Bonsecour Bay;
                                                     Bottlenose dolphin,
                                                     Northern GMX
                                                     coastal; \1\
                                                     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     3,332..............  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; \1\
                                                     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:

[[Page 22069]]

 
    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:
    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
     Bight (Raritan and Lower                        five 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.
    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..................  None documented in
     seine *.                                        most recent five
                                                     years of data.
Longline/Hook-and-Line
 Fisheries:
    Northeast/Mid-Atlantic     >1,207.............  None documented.
     bottom longline/hook-and-
     line.
    Gulf of Maine, U.S. Mid-   2,846..............  Bottlenose dolphin,
     Atlantic tuna, shark,                           WNA offshore;
     swordfish hook-and-line/                        Humpback whale,
     harpoon.                                        Gulf 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.          39.................  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                        Eastern GMX
     shark bottom longline/                          coastal; Bottlenose
     hook-and-line.                                  dolphin, Northern
                                                     GMX continental
                                                     shelf.
    Southeastern U.S.          680................  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 22070]]

 
    Gulf of Maine herring and  >1.................  Harbor porpoise, GME/
     Atlantic mackerel stop                          BF; Harbor seal,
     seine/weir.                                     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                               Barataria Bay
     commercial passenger                            estuarine system;
     fishing vessel.                                 Bottlenose dolphin,
                                                     Biscayne Bay
                                                     estuarine;
                                                     Bottlenose dolphin,
                                                     Central FL coastal;
                                                     Bottlenose dolphin,
                                                     Choctawhatchee Bay;
                                                     Bottlenose dolphin,
                                                     Eastern GMX
                                                     coastal; Bottlenose
                                                     dolphin, FL Bay;
                                                     Bottlenose dolphin,
                                                     GMX bay, sound,
                                                     estuarine;
                                                     Bottlenose dolphin,
                                                     Indian River Lagoon
                                                     estuarine system;
                                                     Bottlenose dolphin,
                                                     Jacksonville
                                                     estuarine system;
                                                     Bottlenose dolphin,
                                                     Mississippi Sound,
                                                     Lake Borgne, Bay
                                                     Boudreau;
                                                     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, SC/GA
                                                     coastal; Bottlenose
                                                     dolphin, Western
                                                     GMX coastal; Short-
                                                     finned pilot whale,
                                                     WNA.
------------------------------------------------------------------------
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
                                    Estimated         and/or stocks
      Fishery description         Number HSFCA    incidentally killed or
                                     permits             injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Longline Fisheries:

[[Page 22071]]

 
    Atlantic Highly Migratory                67  Atlantic spotted
     Species *.                                   dolphin, WNA;
                                                  Bottlenose dolphin,
                                                  Northern GMX oceanic;
                                                  Bottlenose dolphin,
                                                  WNA offshore; Common
                                                  dolphin, WNA; Cuvier's
                                                  beaked whale, WNA;
                                                  False killer whale,
                                                  WNA; Killer whale, GMX
                                                  oceanic; Kogia spp.
                                                  whale (Pygmy or dwarf
                                                  sperm whale), WNA;
                                                  Long-finned pilot
                                                  whale, WNA; Mesoplodon
                                                  beaked whale, WNA;
                                                  Minke whale, Canadian
                                                  East coast;
                                                  Pantropical spotted
                                                  dolphin, WNA; Risso's
                                                  dolphin, GMX; Risso's
                                                  dolphin, WNA; Short-
                                                  finned pilot whale,
                                                  WNA.
    Western Pacific Pelagic (HI             142  Bottlenose dolphin, HI
     Deep-set component) *                        Pelagic; False killer
     [supcaret].                                  whale, HI Pelagic;
                                                  Humpback whale,
                                                  Central North Pacific;
                                                  Kogia spp. (Pygmy or
                                                  dwarf sperm whale),
                                                  HI; Pygmy killer
                                                  whale, HI; Risso's
                                                  dolphin, HI; Short-
                                                  finned pilot whale,
                                                  HI; Sperm whale, HI;
                                                  Striped dolphin, HI.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
Drift Gillnet Fisheries:
    Pacific Highly Migratory                  6  Long-beaked common
     Species * [supcaret].                        dolphin, CA; Humpback
                                                  whale, CA/OR/WA;
                                                  Northern right-whale
                                                  dolphin, CA/OR/WA;
                                                  Pacific white-sided
                                                  dolphin, CA/OR/WA;
                                                  Risso's dolphin, CA/OR/
                                                  WA; Short-beaked
                                                  common dolphin, CA/OR/
                                                  WA.
Trawl Fisheries:
    Atlantic Highly Migratory                 1  No information.
     Species **.
    CCAMLR.....................               0  Antarctic fur seal.
Purse Seine Fisheries:
    South Pacific Tuna                       38  No information.
     Fisheries.
    Western Pacific Pelagic....               1  No information.
Longline Fisheries:
    CCAMLR.....................               0  None documented.
    South Pacific Albacore                   11  No information.
     Troll.
    South Pacific Tuna                        3  No information.
     Fisheries **.
    Western Pacific Pelagic (HI              13  Blainville's beaked
     Shallow-set component) *                     whale, HI; Bottlenose
     [supcaret].                                  dolphin, HI Pelagic;
                                                  False killer whale, HI
                                                  Pelagic; Fin whale,
                                                  HI; Guadalupe fur
                                                  seal; Humpback whale,
                                                  Central North Pacific;
                                                  Mesoplodon sp.,
                                                  unknown; 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                 2  No information.
     Species.
    Pacific Highly Migratory                 48  No information.
     Species.
    South Pacific Albacore                   15  No information.
     Troll.
    Western Pacific Pelagic....               6  No information.
Troll Fisheries:
    Atlantic Highly Migratory                 1  No information.
     Species.
    South Pacific Albacore                   24  No information.
     Troll.
    South Pacific Tuna                        3  No information.
     Fisheries **.
    Western Pacific Pelagic....               6  No information.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
Longline Fisheries:
    Northwest Atlantic Bottom                 2  None documented.
     Longline.
    Pacific Highly Migratory                128  None documented in the
     Species.                                     most recent 5 years of
                                                  data.
Purse Seine Fisheries:
    Pacific Highly Migratory                 10  None documented.
     Species * [supcaret].
Trawl Fisheries:
    Northwest Atlantic.........               4  None documented.
Troll Fisheries:
    Pacific Highly Migratory                150  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.

[[Page 22072]]

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

Classification

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) at the proposed rule stage that this rule would 
not have a significant economic impact on a substantial number of small 
entities. No comments were received on that certification, and no new 
information has been discovered to change that conclusion. Accordingly, 
no regulatory flexibility analysis is required, and none has been 
prepared.
    This rule contains existing collection-of-information (COI) 
requirements subject to the Paperwork Reduction Act and would not 
impose additional or new COI requirements. 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 Orders 12866 and 13563.
    This rule is not expected to be an E.O. 13771 regulatory action 
because this rule is not significant under E.O. 12866.
    In accordance with the Companion Manual for NOAA Administrative 
Order (NAO) 216-6A, NMFS determined that publishing this LOF qualifies 
to be categorically excluded from further NEPA review, consistent with 
categories of activities identified in Categorical Exclusion G7 
(``Preparation of policy directives, rules, regulations, and guidelines 
of an administrative, financial, legal, technical, or procedural 
nature, or for which the environmental effects are too broad, 
speculative or conjectural to lend themselves to meaningful analysis 
and will be subject later to the NEPA process, either collectively or 
on a case-by-case basis'') of the Companion Manual and we have not 
identified any extraordinary circumstances listed in Chapter 4 of the 
Companion Manual for NAO 216-6A that would preclude application of this 
categorical exclusion. If NMFS takes a

[[Page 22073]]

management action, for example, through the development of a TRP, NMFS 
would first prepare an Environmental Impact Statement (EIS) or 
Environmental Assessment (EA), 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

Baird, R.W., S.D. Mahaffy, A.M. Gorgone, T. Cullins, D.J. McSweeney, 
E.M. Oelson, A.L. Bradford, J. Barlow, D.L. Webster. False Killer 
Whales and Fisheries Interaction in Hawaiian Waters: Evidence for 
Sex Bias and Variation Among Populations and Social Groups. 2014. 
Marine Mammal Science 31(2): 579-590.
Carretta, J.V., E. Oleson, K.A. Forney, J. Baker, J.E. Moore, D.W. 
Weller, A.R. Lang, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. 
Lowry, J. Barlow, D. Lynch, L. Carswell, and R.L. Brownell Jr. 2018. 
U.S. Pacific Marine Mammal Stock Assessments: 2017. NOAA Technical 
Memorandum NOAA-TM-NMFS-SWFSC-602. 161 p.
Carretta, J.V., V. Helker, M.M. Muto, J. Greenman, K. Wilkinson, D. 
Lawson, J. Viezbicke, and J. Jannot. 2018a. Sources of human-related 
injury and mortality for U.S. Pacific west coast marine mammal stock 
assessments, 2012-2016. Draft document PSRG-2018-06 reviewed by the 
Pacific Scientific Review Group, March 2018. 145 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. 
2017. U.S. Pacific Marine Mammal Stock Assessments: 2016. NOAA 
Technical Memorandum NOAA-TM-NMFS-SWFSC-577. 414 p.
Carretta, J.V., M.M. Muto, S. Wilkin, J. Greenman, K. Wilkinson, D. 
Lawson, J. Viezbicke, and J. Jannot. 2017a. Sources of human-related 
injury and mortality for U.S. Pacific west coast marine mammal 
stocks assessments, 2011-2015. NOAA Technical Memorandum, NOAA-TM-
NMFS-SWFSC-579. 126 p.
Garrison, L.P. and Stokes, L. 2017. Estimated Bycatch of Marine 
Mammals and Sea Turtles in the U.S. Atlantic Pelagic Longline Feet 
During 2015. NOAA Technical Memorandum, NOAA-NMFS-SEFSC-709. 67 p.
Hayes, S.A., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 
2018. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks 
Assessments, 2017. NOAA Technical Memorandum, NOAA-TM-NE-245. 378 p.
Saez, L., D. Lawson, M. DeAngelis, E. Petras, S. Wilkin, and C. 
Fahy. 2013. Understanding the Co-occurrence of Large Whales and 
Commercial Fixed Gear Fisheries off the West Coast of the United 
States. NOAA Technical Memorandum, NOAA-TM-NMFS-SWR-044. 103 p.
Western Pacific Regional Fishery Management Council (WPRFMC). 2017. 
Annual Stock Assessment and Fishery Evaluation Report: Fishery 
Ecosystem Plan for the American Samoa Archipelago. 415 p.

    Dated: May 10, 2019.
 Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2019-10139 Filed 5-15-19; 8:45 am]
 BILLING CODE 3510-22-P