List of Fisheries for 2020, 54543-54561 [2019-22007]

Download as PDF Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules required resources (stressors). The term ‘‘threat’’ may encompass—either together or separately—the source of the action or condition or the action or condition itself. However, the mere identification of any threat(s) or amelioration of any threat(s) may not be sufficient to compel a finding that the information in the petition is substantial information indicating that the petitioned action may be warranted. For a petition to delist a species, the information presented in the petition must include evidence sufficient to suggest that these threats affecting the species may have been ameliorated to the point that the species may no longer meet the definition of an endangered species or threatened species under the Act. If we find that a petition presents such information, our subsequent status review will evaluate all identified threats by considering the individual-, population-, and species-level effects and the expected response by the species. We will evaluate individual threats and their expected effects on the species, then analyze the cumulative effect of the threats on the species as a whole. We also consider the cumulative effect of the threats in light of those actions and conditions that are expected to have positive effects on the species— such as any existing regulatory mechanisms or conservation efforts that may ameliorate threats. It is only after conducting this cumulative analysis of threats and the actions that may ameliorate them, and the expected effect on the species now and in the foreseeable future, that we can determine whether the species meets the definition of an endangered species or threatened species under the Act (16 U.S.C. 1531 et seq.). If we find that a petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted, the Act requires that we promptly commence a review of the status of the species, and we will subsequently complete a status review in accordance with our prioritization methodology for 12-month findings (81 FR 49248; July 27, 2016). Stewards of Liberty, and Steven W. Carothers requesting that the endangered Bone Cave harvestman be delisted due to recovery and error in information. The petition clearly identified itself as a petition and included the requisite identification information for the petitioners, as required at that time at 50 CFR 424.14(a). We evaluated this petition under the 50 CFR 424.14 requirements that were in effect prior to October 27, 2016, as explained above under Background. On June 1, 2015, the Service published a 90-day finding in the Federal Register (80 FR 30990) that the petition did not present substantial scientific or commercial information indicating that the petitioned action was warranted. On December 15, 2015, the American Stewards of Liberty, Charles and Cheryl Shell, Walter Sidney Shell Management Trust, Kathryn Heidemann, and Robert V. Harrison, Sr., challenged the June 1, 2015, 90-day finding in Federal district court. The Service subsequently sought the court’s permission to reconsider the 90-day finding after concluding that certain materials accompanying the petition were inadvertently not considered in the 2015 90-day finding. On December 22, 2016, the court granted the Service’s request and ordered the Service to deliver a new 90-day finding to the Federal Register on or before March 31, 2017. That deadline was subsequently extended to May 1, 2017. On May 4, 2017, the Service published a new 90day finding in the Federal Register (82 FR 20861) that the petition did not present substantial scientific or commercial information indicating that the petitioned action was warranted. On October 5, 2017, the American Stewards of Liberty, Charles and Cheryl Shell, Walter Sidney Shell Management Trust, Kathryn Heidemann, and Robert V. Harrison, Sr., challenged the May 4, 2017, 90-day finding in Federal district court. On March 28, 2019, the court vacated the 2017 90-day finding and remanded that 90-day finding to the Service for further consideration consistent with the court’s opinion. This finding addresses the 2014 petition in light of the court’s order. Summary of Finding Finding Based on our review of the petition and sources cited in the petition, we find that the petition presents substantial scientific or commercial information indicating the petitioned action may be warranted for the Bone Cave harvestman due to potential reduction or amelioration of threats associated with development (Factor A) and predation (Factor C). The petition Species and Range Bone Cave harvestman (Texella reyesi); Texas. Petition History On June 2, 2014, we received a petition dated June 2, 2014, from John Yearwood, Kathryn Heidemann, Charles and Cheryl Shell, the Walter Sidney Shell Management Trust, the American VerDate Sep<11>2014 18:59 Oct 09, 2019 Jkt 250001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 54543 also presents substantial information that the existing regulatory mechanisms may be adequate to address impacts of these threats (Factor D). The basis for our finding on this petition, and other information regarding our review of the petition, can be found as an appendix at http:// www.regulations.gov under Docket No. FWS–R2–ES–2017–0018 under ‘‘Supporting Documents.’’ Conclusion On the basis of our evaluation of the information presented in the petition under section 4(b)(3)(A) of the Act, we have determined that the petition summarized above for the Bone Cave harvestman presents substantial scientific or commercial information indicating that delisting the species may be warranted. Therefore, we are initiating a status review to determine whether delisting the species is warranted under the Act. At the conclusion of the status review, we will issue a finding, in accordance with section 4(b)(3)(B) of the Act, as to whether delisting the Bone Cave harvestman is not warranted, warranted, or warranted but precluded by pending proposals to determine whether any species is an endangered species or a threatened species. Authors The primary authors of this document are staff members of the Ecological Services Program, U.S. Fish and Wildlife Service. Authority The authority for these actions is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: September 9, 2019. Margaret E. Everson, Principal Deputy Director, U.S. Fish and Wildlife Service, Exercising the Authority of the Director, U.S. Fish and Wildlife Service. [FR Doc. 2019–22097 Filed 10–9–19; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 191003–0054] RIN 0648–BI76 List of Fisheries for 2020 National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: E:\FR\FM\10OCP1.SGM 10OCP1 54544 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule, request for comment. The National Marine Fisheries Service (NMFS) publishes its proposed List of Fisheries (LOF) for 2020, as required by the Marine Mammal Protection Act (MMPA). The LOF for 2020 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: Comments must be received by November 12, 2019. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2019–0041, by either of the following methods: Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal: 1. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20190041; 2. Click the ‘‘Comment Now!’’ icon, complete the required fields; 3. Enter or attach your comments. Mail: Submit written comments to Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD 20910. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter N/ A in the required fields if you wish to remain anonymous). 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, SUMMARY: VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 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. 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 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 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 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 E:\FR\FM\10OCP1.SGM 10OCP1 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules 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 ‘‘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. SARs are brief reports summarizing the status of each stock of marine mammals occurring in waters under U.S. jurisdiction, including information on the identity and geographic range of the stock, population statistics related to abundance, trend, and annual productivity, notable habitat concerns, and estimates of human-caused M/SI by source. 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 2020 LOF generally summarizes data from 2012–2016. NMFS also reviews other VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 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 5-year timeframe summarized in that year’s LOF. For fisheries with no observer coverage and for observed fisheries with evidence indicating that undocumented interactions may be occurring (e.g., fishery has low observer coverage and stranding network data include evidence of fisheries interactions that cannot be attributed to a specific fishery) species and stocks may be retained for longer than 5 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 do not provide detailed information on observer coverage in Category III fisheries because, under the MMPA, Category III fisheries are not required to accommodate observers aboard vessels due to the remote likelihood of mortality and serious injury of marine mammals. Fishery information presented in the SARs’ appendices and other resources referenced during the tier analysis may include: Level of observer coverage; target species; levels of fishing effort; spatial and temporal distribution of fishing effort; characteristics of fishing gear and PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 54545 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 website: https://www.fisheries.noaa.gov/ national/fisheries-observers/nationalobserver-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 E:\FR\FM\10OCP1.SGM 10OCP1 54546 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules 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 5 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/permit/highseas-fishing-permits. 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 VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 III fishery fact sheets online with the LOF for 2016. Am I required to register under the MMPA? Owners of vessels or gear engaging in a Category I or II fishery are required under the MMPA (16 U.S.C. 1387(c)(2)), as described in 50 CFR 229.4, to register with NMFS and obtain a marine mammal authorization to lawfully take non-endangered and non-threatened marine mammals incidental to commercial fishing operations. Owners of vessels or gear engaged in a Category III fishery are not required to register with NMFS or obtain a marine mammal authorization. How do I register, renew and receive my Marine Mammal Authorization Program authorization certificate? NMFS has integrated the MMPA registration process, implemented through the Marine Mammal Authorization Program (MMAP), with existing state and Federal fishery license, registration, or permit systems for Category I and II fisheries on the LOF. Participants in these fisheries are automatically registered under the MMAP and are not required to submit registration or renewal materials. In the Pacific Islands, West Coast, and Alaska regions, NMFS will issue vessel or gear owners an authorization certificate via U.S. mail or with their state or Federal license or permit at the time of issuance or renewal. In the Greater Atlantic and Southeast Regions, 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 who participate in fisheries in these regions and have not received authorization certificates by the beginning of the calendar year, or with renewed fishing licenses, must contact the appropriate NMFS Regional Office (see FOR FURTHER INFORMATION). Authorization certificates may also be obtained by visiting the 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 II fisheries, not all state and Federal PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 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). 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/marinemammal-authorizationprogram#reporting-a-death-or-injury-ofa-marine-mammal-during-commercialfishing-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 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 E:\FR\FM\10OCP1.SGM 10OCP1 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules 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 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. 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 VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 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 established 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 2020 was based on, among other things, stranding data; fishermen self-reports; and SARs, primarily the 2018 SARs, which are based on data from 2012–2016. The SARs referenced in this LOF include: 2016 (82 FR 29039; June 27, 2017), 2017 (83 FR 32093; July 11, 2018) and 2018 (84 FR 28489; June 19, 2019). The SARs are available at: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/marinemammal-stock-assessment-reportsregion. Summary of Changes to the LOF for 2020 The following summarizes changes to the LOF for 2020, including the classification of fisheries, fisheries listed, the estimated number of vessels/ persons in a particular fishery, and the species and/or stocks that are incidentally killed or injured in a particular fishery. NMFS re-classifies one fishery in the LOF for 2020. NMFS also makes changes to the estimated number of vessels/persons and list of PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 54547 species and/or stocks killed or injured in certain fisheries. The classifications and definitions of U.S. commercial fisheries for 2020 are identical to those provided in the LOF for 2019 with the changes discussed below. State and regional abbreviations used in the following paragraphs include: AK (Alaska), CA (California), GMX (Gulf of Mexico), HI (Hawaii), NC (North Carolina), OR (Oregon), WA (Washington), and WNA (Western North Atlantic). Commercial Fisheries in the Pacific Ocean Classification of Fisheries NMFS proposes to rename the Category III CA/OR coonstripe shrimp fishery to the CA coonstripe shrimp fishery and clarifies that the OR coonstripe shrimp pot fishery is a component of the Category III WA/OR shrimp pot/trap fishery. NMFS also proposes to reclassify the CA coonstripe shrimp fishery from a Category III to a Category II based on one incident of an entangled humpback whale that would have been classified as a serious injury if the whale had not been subsequently disentangled (Carretta et al., 2019). Targeted effort for coonstripe shrimp with pot gear is limited to fishing effort in California, where a specific permit exists for the coonstripe shrimp fishery. In Oregon and Washington, there have been only a few landings of small amounts of coonstripe shrimp with pot gear over the last 5 years (PacFIN landings data). As a result, the CA coonstripe shrimp pot fishery is distinct in terms of management and fishery participation. The WA/OR shrimp pot/ trap fishery is categorized as a Category III fishery on the LOF. This fishery encompasses the very limited effort for coonstripe shrimp as well as other shrimp species, such as pink shrimp and spot prawn in both WA and OR. Given that fishing with pot/trap gear for shrimp in OR and WA is already associated with the WA/OR shrimp pot/ trap fishery, we propose to clarify that the limited coonstripe shrimp pot fishing effort that may occur in OR is associated with the Category III WA/OR shrimp pot/trap fishery. In July 2017, a humpback whale was reported entangled near Crescent City, CA, in multiple sets of fishing gear, including coonstripe shrimp pot gear. While this humpback whale was ultimately disentangled, Carretta et al. (2019) determined this entanglement would have constituted a serious injury or mortality for the CA/OR/WA stock of humpback whale without human intervention. Most of the gear associated E:\FR\FM\10OCP1.SGM 10OCP1 54548 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules with the entanglement was identified as coonstripe shrimp pot gear. This one entanglement event results in an estimate of at least 0.2 M/SI per year, which equates to 1.2 percent of the current PBR (PBR = 16.7 whales; Carretta et al., 2019a) for the CA/OR/ WA stock of humpback whale. The estimated total fisheries M/SI for the CA/OR/WA stock of humpback whale is 14.1, which is greater than 10 percent of PBR (Tier 1 analysis). Therefore, because the estimated M/SI is between 1 and 50 percent of PBR (Tier 2 analysis), NMFS proposes to reclassify the CA coonstripe shrimp fishery as a Category II fishery. Fishery Name and Organizational Changes and Clarification NMFS proposes to clarify that the Category II AK Southeast salmon drift gillnet fishery and Category III AK Southeast salmon purse seine fishery include both the AK Metlakatla salmon drift gillnet fishery and the AK Metlakatla salmon purse seine fishery. The Metlakatla Indian Community manages fisheries, including the commercial salmon fisheries, within their jurisdiction (Annette Island Reserve). The Metlakatla salmon fisheries are fished in the same region and using the same gear types as the corresponding State-managed salmon fisheries; therefore, NMFS clarifies that the Metlakatla commercial salmon fishing fleets are included in the AK Southeast salmon purse seine and AK Southeast salmon drift gillnet fisheries. Based on this proposed clarification, NMFS also proposes to remove the Category III AK Metlakatla salmon purse seine fishery from the LOF. Number of Vessels/Persons NMFS proposes to update the estimated number of vessels/persons in the Pacific Ocean (Table 1) as follows: Category I • HI deep-set longline fishery from 142 to 145 vessels/persons; Category II • HI shallow-set longline fishery from 13 to 18 vessels/persons; • American Samoa longline fishery from 20 to 15 vessels/persons; • CA thresher shark/swordfish drift gillnet (≥14 inch (in) mesh) fishery from 18 to 14 vessels/persons; • CA halibut/white seabass and other species set gillnet (>3.5 in mesh) fishery from 50 to 37 vessels/persons; • CA yellowtail, barracuda, and white seabass drift gillnet (mesh size ≥3.5 in and <14 in) fishery from 30 to 22 vessels/persons; VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 • WA Puget Sound Region salmon drift gillnet fishery from 210 to 154 vessels/persons; • CA coonstripe shrimp pot fishery from 36 to 14 vessels/persons; • CA spiny lobster fishery from 194 to 186 vessels/persons; • CA spot prawn pot fishery from 25 to 23 vessels/persons; • CA Dungeness crab pot fishery from 570 to 501 vessels/persons; • OR Dungeness crab pot fishery from 433 to 342 vessels/persons; • WA/OR/CA sablefish pot fishery from 309 to 155 vessels/persons; • WA coastal Dungeness crab pot fishery from 228 to 197 vessels/persons; Category III • American Samoa bottomfish handline fishery from 1092 to 2095 vessels/persons. List of Species and/or Stocks Incidentally Killed or Injured in the Pacific Ocean NMFS proposes to add the Eastern North Pacific stock of gray whale to the list of species/stocks incidentally killed or injured in the Category II CA thresher shark/swordfish drift gillnet (≥14 in mesh) fishery. An observer documented a gray whale mortality in the CA thresher shark/swordfish drift gillnet in 2013 (Carretta et al., 2019). NMFS proposes to add the Eastern North Pacific stock of gray whale to the list of species/stocks incidentally killed or injured in the Category II CA halibut/ white seabass and other species set gillnet (>3.5 in mesh) fishery based on a self-reported entanglement in 2015. NMFS proposes to add the Alaska stock of ribbon seal to the list of species/ stocks incidentally killed or injured in the Category II AK Bering Sea Aleutian Islands rockfish trawl fishery based on an observed mortality in 2014. NMFS proposes to add CA/OR/WA stock of humpback whale to the list of species/stocks incidentally killed or injured in the Category II CA coonstripe shrimp pot fishery based on a nonserious injury in 2017 (Carretta et al., 2019). This entangled humpback whale was ultimately disentangled, however, Carretta et al. (2019) determined this entanglement would have constituted a serious injury or mortality for the CA/ OR/WA stock of humpback whale without human intervention. NMFS proposes to add the California stock of long-beaked common dolphin to the list of species/stocks incidentally killed or injured in the Category II CA spot prawn pot fishery based on a stranding report. In 2017, a long-beaked common dolphin was found dead and entangled in CA spot prawn pot gear (Carretta et al., 2019). PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 NMFS proposes to add the Western U.S. stock of Steller sea lion to, and remove the Alaska stock of Dall’s porpoise from, the list of species/stocks incidentally killed or injured in the Category II AK Bering Sea Aleutian Islands Pacific cod longline fishery. Four Steller sea lion mortalities were observed, three in 2015 and one in 2014. There have been no recent Dall’s porpoise mortalities or serious injuries observed. NMFS proposes to add the Eastern U.S. stock of Steller sea lion to the list of species/stocks incidentally killed or injured in the Category II AK Gulf of Alaska sablefish longline fishery based on an observed mortality in 2015. NMFS proposes to add four stocks to the list of species/stocks incidentally killed or injured in the Category III to WA/OR/CA groundfish, bottomfish longline/set line fishery based on observed injuries and mortalities reported in Jannot et al. 2018: (1) U.S. stock of California sea lion; (2) California breeding stock of Northern elephant seal; (3) CA/OR/WA stock of sperm whale; and (4) Eastern U.S. stock of Steller sea lion. NMFS proposes to add the Alaska stock of Dall’s porpoise to the list of species/stocks incidentally killed or injured in the Category III AK Kodiak salmon purse seine fishery based on a self-reported mortality in 2013. NMFS proposes to add the Eastern U.S. stock of Steller sea lion to the list of species/stocks incidentally killed or injured in the Category III AK Gulf of Alaska halibut longline fishery based on an observed mortality in 2015. NMFS proposes to add two stocks to the list of species/stocks incidentally killed or injured in the Category III AK Bering Sea Aleutian Islands Pacific cod trawl fishery: (1) Alaska stock of ribbon seal based on an observed mortality in 2014; and (2) Alaska stock of bearded seal based on an observed mortality in 2013. NMFS proposes to remove the Hawaii stock of sperm whale from the list of species/stocks incidentally killed or injured in the Category I Hawaii deepset longline fishery. From 2012–2016, there were no observed mortalities or injures of the Hawaii stock of sperm whale in the Hawaii deep-set longline fishery (Bradford, 2018, Carretta et al., 2018). NMFS proposes to remove the Alaska stock of Dall’s porpoise from the list of species/stocks incidentally killed or injured in the Category II AK Aleutian Islands pollock trawl fishery based on no recently observed mortalities or injuries. E:\FR\FM\10OCP1.SGM 10OCP1 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules NMFS proposes to remove the Hawaii stock of short-finned pilot whale from the list of species/stocks incidentally killed or injured in the Category II HI shallow-set longline fishery. From 2012–2016, there were no observed mortalities or injures of the Hawaii stock of short-finned pilot whale in the Hawaii shallow-set longline fishery (Bradford, 2018, Carretta et al., 2018). NMFS proposes to remove two stocks from the list of species/stocks incidentally killed or injured in the Category II American Samoa longline fishery including: (1) Unknown stock of Cuvier’s beaked whale; and (2) unknown stock of bottlenose dolphin. There were no observed mortalities or injuries of Cuvier’s beaked whales or bottlenose dolphins in the American Samoa longline fishery from 2012–2016 (Bradford, 2018, Bradford and Forney, 2017). NMFS proposes to remove the Alaska stock of ribbon seal from the list of species/stocks incidentally killed or injured in the Category III AK Aleutian Islands Atka mackerel trawl fishery based on no recently observed mortalities or injuries. Commercial Fisheries in the Atlantic Ocean, Gulf of Mexico, and Caribbean Fishery Name and Organizational Changes and Clarification NMFS proposes to add a superscript ‘‘1’’ to the Western North Atlantic stock of gray seals to indicate it is driving the Category I classification of the Northeast sink gillnet fishery. The gray seal mean combined annual mortality in the Northeast sink gillnet fishery is estimated to be 821 animals each year, which represents 59.1 percent of PBR (1,389 animals). Observer coverage from 2012–2016 was 15, 11, 18, 14 and 10 percent, respectively. NMFS proposes to add a superscript ‘‘1’’ to the Central Georgia estuarine stock of bottlenose dolphins to indicate it is driving the Category II classification of the Atlantic blue crab trap/pot fishery. In 2011 and 2013, there were two documented bottlenose dolphins entangled in crab trap/pot gear. The mean annual estimated mortality and serious injury is 21.1 percent of PBR (1.9) (Waring et al., 2016). NMFS proposes to add a superscript ‘‘1’’ to the Western North Atlantic stock of gray seals to indicate it is driving the Category II classification of the midAtlantic bottom trawl fishery. The gray seal mean combined annual mortality in the mid-Atlantic bottom trawl fishery is 20 animals per year, which represents 1.4 percent of PBR (1,389 animals). VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 Observer coverage from 2012–2016 was 5, 6, 8, 9 and 9.7 percent, respectively. NMFS proposes to remove the superscript ‘‘1’’ from the Western North Atlantic stock of long-finned pilot whales to indicate the stock is no longer driving the Category I classification of the Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery. The long-finned pilot whale mean combined annual mortality in the pelagic longline fishery is estimated to be 2.6 animals per year, which represents 7.4 percent of PBR. Observer coverage from 2012–2016 was 7, 9, 10, 12 and 15, respectively. Number of Vessels/Persons NMFS proposes updates to the estimated number of vessels/persons in the Atlantic Ocean, Gulf of Mexico, and Caribbean (Table 2) as follows: Category I • Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery from 280 to 201 vessels/persons; Category II • NC inshore gillnet fishery from 2,850 to 2,676 vessels/persons; • Southeastern U.S. Atlantic shark gillnet fishery from 23 to 21 vessels/ persons; • Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/pot fishery from 1,384 to 1,101 vessels/persons; • Atlantic blue crab trap/pot fishery from 7,714 to 6,679 vessels/persons; • NC long haul seine fishery from 30 to 22 vessels/persons. List of Species and/or Stocks Incidentally Killed or Injured in the Atlantic Ocean, Gulf of Mexico, and Caribbean NMFS proposes to add the Western North Atlantic stock of hooded seal to the list of species/stocks incidentally killed or injured in the Category I MidAtlantic gillnet fishery based on an observed hooded seal mortality in 2016. Observer coverage from 2012–2016 was 2, 3, 5, 6 and 8 percent, respectively. NMFS proposes to add the Sarasota Bay, Little Sarasota Bay stock of bottlenose dolphin to the list of species/ stocks incidentally killed or injured in the Category II Southeastern U.S. Atlantic, Gulf of Mexico stone crab trap/ pot fishery. In 2016, one dolphin was disentangled from commercial stone crab trap/pot gear (Hayes et al., 2019). NMFS proposes to add the Mississippi River Delta stock of bottlenose dolphin to the list species/ stocks incidentally killed or injured in the Category II Gulf of Mexico menhaden purse seine fishery based on PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 54549 two self-reported mortalities documented in 2018. NMFS proposed to add the Mobile Bay, Bonsecour Bay stock of bottlenose dolphin to the list of species/stocks incidentally killed or injured in the Category III Gulf of Mexico blue crab trap/pot fishery based on one documented entangled stranding mortality in 2015 (Hayes et al., 2019). NMFS proposes to remove two stocks from the list of species/stocks incidentally killed or injured in the Category I Northeast sink gillnet fishery: (1) Western North Atlantic stock of hooded seal; and (2) Western North Atlantic long-finned pilot whale. The last observed M/SI of these stocks in the Northeast sink gillnet fishery in was in 2004 and 2010, respectively, and the fishery continues to be observed. Following consultation with the U.S. Fish and Wildlife Service (USFWS), NMFS proposes to remove the Florida stock of West Indian manatee from the list species/stocks incidentally killed or injured in the Category II Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery. From 2008 to 2012, there were no documented fishery related injuries or mortalities in shrimp trawl fisheries (USFWS, 2014). NMFS also proposes to update the Atlantic spotted dolphin, GMX continental and oceanic stock name on the list of species and/ or stocks incidentally killed or injured in the Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl fishery to the stock’s current name, Atlantic spotted dolphin, Northern Gulf of Mexico. Commercial Fisheries on the High Seas Number of Vessels/Persons NMFS proposes updates to the estimated number of HSFCA permits for high seas fisheries (Table 3) as follows: Category I • Atlantic highly migratory species longline fishery from 67 to 53 HSFCA permits; • Western Pacific pelagic longline (HI deep-set component) fishery from 142 to 145 HSFCA permits; Category II • Pacific highly migratory species drift gillnet fishery from 6 to 5 HSFCA permits; • South Pacific tuna purse seine fishery from 38 to 33 HSFCA permits; • South Pacific albacore troll longline fishery from 11 to 6 HSFCA permits; • South Pacific tuna longline fishery from 3 to 2 HSFCA permits; • Western Pacific pelagic longline (HI shallow-set component) fishery from 13 to 18 HSFCA permits; E:\FR\FM\10OCP1.SGM 10OCP1 54550 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules • Pacific highly migratory species handline/pole and line fishery from 48 to 41 HSFCA permits; • South Pacific albacore troll handline/pole and line fishery from 15 to 11 HSFCA permits; • Western Pacific pelagic handline/ pole and line fishery from 6 to 5 HSFCA permits; • Atlantic highly migratory species troll fishery from 1 to 0 HSFCA permits; • South Pacific albacore troll fishery from 24 to 17 HSFCA permits; • South Pacific tuna troll fishery from 3 to 1 HSFCA permits; • Western Pacific pelagic troll fishery from 6 to 5 HSFCA permits; Category III • Northwest Atlantic bottom longline fishery from 2 to 3 HSFCA permits; • Pacific highly migratory species longline fishery from 128 to 108 HSFCA permits; • Pacific highly migratory species purse seine fishery from 10 to 5 HSFCA permits; • Pacific highly migratory species troll fishery from 150 to 119 HSFCA permits. List of Species and/or Stocks Incidentally Killed or Injured on the High Seas NMFS proposes to remove the Hawaii stock of sperm whale from the list of species/stocks incidentally killed or injured in the Category I Hawaii deepset longline fishery. From 2012–2016, there were no observed mortalities or injures for the Hawaii stock of sperm whale in the Hawaii deep-set longline fishery (Bradford, 2018, Carretta et al., 2018). NMFS proposes to remove the Hawaii stock of short-finned pilot whale from the list of species/stocks incidentally killed or injured in the Category II HI shallow-set longline fishery. From 2012–2016, there were no observed mortalities or injures for the Hawaii stock of short-finned pilot whale in the Hawaii shallow-set longline fishery (Bradford, 2018, Carretta et al., 2018). 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 VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 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 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 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., MMAP reports), and anecdotal reports. The best available scientific information included in these reports is based on data through 2016. 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., MMAP 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 the species and distribution of marine mammals in the area). NMFS has designated those fisheries listed by analogy in Tables 1 and 2 by adding 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 on Table 1 or 2 and Table 3, are considered the same fisheries on either side of the E:\FR\FM\10OCP1.SGM 10OCP1 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules EEZ boundary. NMFS has designated 54551 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 * ∧ ................................................... 145 Bottlenose dolphin, HI Pelagic; False killer whale, HI Pelagic; 1 False killer whale, MHI Insular; 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; Striped dolphin, HI. 14 Bottlenose dolphin, CA/OR/WA offshore; California sea lion, U.S.; Dall’s porpoise, CA/OR/WA; Gray whale, Eastern North Pacific; Humpback whale, CA/OR/WA; Longbeaked common dolphin, CA; Minke whale, CA/OR/WA; Northern elephant seal, CA breeding; Northern rightwhale 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.; Gray whale, Eastern North Pacific; Harbor seal, CA; Humpback whale, CA/OR/WA; 1 Longbeaked 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 whitesided dolphin, North Pacific; Sea otter, South central AK; Steller sea lion, Western U.S.1 Dall’s porpoise, AK; Harbor porpoise, Southeast AK; Harbor seal, Southeast AK; Humpback whale, Central North Pacific; 1 Pacific white-sided dolphin, North Pacific; Steller sea lion, Eastern U.S. Gray whale, Eastern North Pacific; Harbor Porpoise, Southeastern AK; Harbor seal, Southeast AK; Humpback whale, Central North Pacific (Southeast AK). Dall’s porpoise, CA/OR/WA; Harbor porpoise, inland WA; 1 Harbor seal, WA inland. Category II Gillnet Fisheries: CA thresher shark/swordfish drift gillnet (≥14 in mesh) * CA halibut/white seabass and other species set gillnet (>3.5 in mesh). 37 CA yellowtail, barracuda, and white seabass drift gillnet (mesh size ≥3.5 in and <14 in) 2. AK Bristol Bay salmon drift gillnet 2 ................................. 22 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 WA Puget Sound Region salmon drift gillnet (includes all inland waters south of US-Canada border and eastward of the Bonilla-Tatoosh line-Treaty Indian fishing is excluded). Trawl Fisheries: 154 VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\10OCP1.SGM 10OCP1 54552 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/persons Fishery description AK Bering Sea, Aleutian Islands flatfish trawl ................ 32 AK Bering Sea, Aleutian Islands pollock trawl ................ 102 AK Bering Sea, Aleutian Islands rockfish trawl .............. 17 Pot, Ring Net, and Trap Fisheries: CA coonstripe shrimp pot ................................................ ................................ 14 CA spiny lobster .............................................................. 186 CA spot prawn pot .......................................................... 23 CA Dungeness crab pot .................................................. 501 OR Dungeness crab pot ................................................. 342 WA/OR/CA sablefish pot ................................................. WA coastal Dungeness crab pot .................................... 155 197 Longline/Set Line Fisheries: AK Bering Sea, Aleutian Islands Pacific cod longline .... 45 AK Gulf of Alaska sablefish longline ............................... 295 HI shallow-set longline * ∧ ............................................... 18 American Samoa longline 2 ............................................. 15 HI shortline 2 .................................................................... 9 Marine mammal species and/or stocks incidentally killed or injured 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; 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 Ribbon seal, AK. Gray whale, Eastern North Pacific; Harbor seal, CA; Humpback whale, CA/OR/WA. 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 Long-beaked common dolphin, CA. 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 Killer whale, Eastern North Pacific AK resident; Killer whale, GOA, BSAI transient; 1 Northern fur seal, Eastern Pacific; Ringed seal, AK; Spotted seal, AK; Steller sea lion, Western U.S. Sperm whale, North Pacific; Steller sea lion, Eastern U.S.; 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; Striped dolphin, HI. False killer whale, American Samoa; Rough-toothed dolphin, American Samoa; Short-finned pilot whale, unknown. None documented. Category III Gillnet Fisheries: AK Kuskokwim, Yukon, Norton Sound, Kotzebue salmon gillnet. AK Prince William Sound salmon set gillnet ................... 1,778 29 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 ............................................. Harbor porpoise, Bering Sea. 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. Miscellaneous Net Fisheries: AK Cook Inlet salmon purse seine ................................. AK Kodiak salmon purse seine ....................................... 83 376 AK Southeast salmon purse seine .................................. AK roe herring and food/bait herring beach seine .......... 315 10 Humpback whale, Central North Pacific. Dall’s porpoise, AK; Humpback whale, Central North Pacific; Humpback whale, Western North Pacific. Humpback whale, Central North Pacific. None documented. VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\10OCP1.SGM 10OCP1 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules 54553 TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/persons Fishery description Marine mammal species and/or stocks incidentally killed or injured AK 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 ...................................................... 356 31 936 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 ........... 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. 42 65 80 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 None documented. 1,908 13 4,300 2,117 322 40 432 4 22 127 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 ....... 855 92 3 464 WA/OR Pacific halibut longline ....................................... CA pelagic longline ......................................................... HI kaka line ..................................................................... HI vertical line .................................................................. Trawl Fisheries: AK Bering Sea, Aleutian Islands Atka mackerel trawl .... AK Bering Sea, Aleutian Islands Pacific cod trawl ......... 350 1 15 3 AK Gulf of Alaska flatfish trawl ....................................... 36 AK Gulf of Alaska Pacific cod trawl ................................ AK Gulf of Alaska pollock trawl ....................................... 55 67 AK Gulf of Alaska rockfish trawl ..................................... 43 VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 PO 00000 Frm 00029 367 13 72 Fmt 4702 None documented. None documented. Harbor seal, GOA; Harbor seal, Prince William Sound. Sfmt 4702 documented. documented. documented. 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. Killer whale, AK resident. None documented. Northern fur seal, Eastern Pacific; Sperm whale, North Pacific. Steller sea lion, Eastern U.S. Steller sea lion, Western U.S. None documented. None documented. Bottlenose dolphin, CA/OR/WA offshore; California sea lion, U.S.; Northern elephant seal, California breeding; Sperm whale, CA/OR/WA; Steller sea lion, Eastern U.S. None documented. None documented in the most recent five years of data. None documented. None documented. Bearded seal, AK; Steller sea lion, Western U.S. Bearded seal, AK; Ribbon seal, AK; 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. E:\FR\FM\10OCP1.SGM 10OCP1 54554 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules TABLE 1—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE PACIFIC OCEAN—Continued Estimated number of vessels/persons Fishery description Marine mammal species and/or stocks incidentally killed or injured AK Kodiak food/bait herring otter trawl ........................... AK shrimp otter trawl and beam trawl ............................ AK state-managed waters of Prince William Sound groundfish trawl. CA halibut bottom trawl ................................................... 4 38 2 None documented. None documented. 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 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 16:44 Oct 09, 2019 Jkt 250001 PO 00000 Frm 00030 271 116 248 375 99 141 15 124 54 254 249 5 9 <3 10 4 33 2 214 71 2095 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 documented. documented. documented in recent years. documented. documented. documented. documented. 6 None documented. 291 2 3 None documented. None documented. None documented. 13 108 (5 AK) 130 2 266 214 <3 5 46 19 163 4 Fmt 4702 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. None documented. None documented. None documented. Humpback whale, Central North Pacific. None documented. None documented in recent years. None documented. None documented. None documented. Sfmt 4702 California sea lion, U.S. None documented. None None None None None None None None None None documented. documented. documented. documented. documented. documented. documented. documented. documented. documented. E:\FR\FM\10OCP1.SGM 10OCP1 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules 54555 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 .... >7,000 (1,006 AK) Live Finfish/Shellfish Fisheries: CA nearshore finfish live trap/hook-and-line ................... HI aquarium collecting ..................................................... 93 90 Marine mammal species and/or stocks incidentally killed or injured 201 None documented. 10 None documented. Killer whale, unknown; Steller sea lion, Eastern U.S.; Steller sea lion, Western U.S. None documented. None documented. List of Abbreviations and Symbols Used in Table 1: AI—Aleutian Islands; AK—Alaska; BS—Bering Sea; CA—California; ENP—Eastern North Pacific; GOA—Gulf of Alaska; HI—Hawaii; MHI—Main Hawaiian Islands; OR—Oregon; WA—Washington; 1 Fishery classified based on mortalities and serious injuries of this stock, which are greater than or equal to 50 percent (Category I) or greater than 1 percent and less than 50 percent (Category II) of the stock’s PBR; 2 Fishery classified by analogy; * Fishery has an associated high seas component listed in Table 3; ∧ The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the list of species and/or stocks killed or injured in high seas component of the fishery, minus species and/or stocks that have geographic ranges exclusively on the high seas. The species and/or stocks are found, and the fishery remains the same, on both sides of the EEZ boundary. Therefore, the EEZ components of these fisheries pose the same risk to marine mammals as the components operating on the high seas. TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN Estimated number of vessels/persons Fishery description Marine mammal species and/or stocks incidentally killed or injured Category I 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.1 201 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; 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; Shortfinned pilot whale, Northern GMX; Short-finned pilot whale, WNA; 1 Sperm whale, Northern GMX. Gillnet Fisheries: Chesapeake Bay inshore gillnet 2 ................................... 248 Gulf of Mexico gillnet 2 ..................................................... 248 NC inshore gillnet ............................................................ 2,676 Bottlenose dolphin, unknown (Northern migratory coastal or Southern migratory coastal). 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 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; Hooded 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; 1 Harbor porpoise, GME/BF; Harbor seal, WNA; Harp seal, WNA; Humpback whale, Gulf of Maine; Minke whale, Canadian east coast; North Atlantic right whale, WNA; Risso’s dolphin, WNA; White-sided dolphin, WNA. Category II VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\10OCP1.SGM 10OCP1 54556 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated number of vessels/persons Fishery description Northeast anchored float gillnet 2 .................................... 852 Northeast drift gillnet 2 ..................................................... Southeast Atlantic gillnet 2 ............................................... 1,036 273 Southeastern U.S. Atlantic shark gillnet ......................... 21 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. 1,101 Atlantic mixed species trap/pot 2 ..................................... Atlantic blue crab trap/pot ............................................... 3,332 6,679 Purse Seine Fisheries: Gulf of Mexico menhaden purse seine ........................... 40–42 Mid-Atlantic menhaden purse seine 2 .............................. 19 Haul/Beach Seine Fisheries: Mid-Atlantic haul/beach seine ......................................... 359 NC long haul seine .......................................................... 22 Marine mammal species and/or stocks incidentally killed or injured 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; 1 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, Northern Gulf of Mexico; 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 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; Bottlenose dolphin, Sarasota Bay, Little Sarasota Bay. Fin whale, WNA; Humpback whale, Gulf of Maine. Bottlenose dolphin, Central FL coastal; Bottlenose dolphin, Central GA estuarine system; 1 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 River Delta; Bottlenose dolphin, Mississippi Sound, Lake Borgne, Bay Boudreau; Bottlenose dolphin, Northern GMX coastal; 1 Bottlenose dolphin, Western GMX coastal.1 Bottlenose dolphin, Northern Migratory coastal; Bottlenose dolphin, Southern Migratory coastal. Bottlenose 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. Stop Net Fisheries: VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\10OCP1.SGM 10OCP1 54557 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules 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 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 ........................................ >991 unknown unknown unknown None None None None unknown Bottlenose dolphin, Northern SC estuarine system. >58 2 Gulf of Mexico mixed species trawl ................................ GA cannonball jellyfish trawl ........................................... Marine Aquaculture Fisheries: Finfish aquaculture .......................................................... Shellfish aquaculture ....................................................... Purse Seine Fisheries: Gulf of Maine Atlantic herring purse seine ..................... 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 ................................................. 20 1 48 unknown >7 >2 10 5 >1,207 2,846 >5,000 39 680 unknown in in in in the the the the most most most most recent recent recent recent five five five five years years years years of of of of data. data. data. data. None documented. Bottlenose dolphin, Northern GMX oceanic; Bottlenose dolphin, Northern GMX continental shelf. None documented. Bottlenose dolphin, SC/GA coastal. Harbor seal, WNA. None documented. Harbor seal, WNA. None documented. Bottlenose dolphin, Eastern GMX coastal. None documented in most recent five years of data. None documented. Bottlenose dolphin, WNA offshore; Humpback whale, Gulf of Maine. Bottlenose dolphin, GMX continental shelf. Bottlenose dolphin, Eastern GMX coastal; Bottlenose dolphin, Northern GMX continental shelf. None documented. None documented. 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: 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 ................................ 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, Mobile Bay, Bonsecour Bay; 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 16:44 Oct 09, 2019 Jkt 250001 PO 00000 Frm 00033 >501 >197 1,268 documented documented documented documented >1 Fmt 4702 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. Sfmt 4702 E:\FR\FM\10OCP1.SGM 10OCP1 54558 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules TABLE 2—LIST OF FISHERIES—COMMERCIAL FISHERIES IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN— Continued Estimated number of vessels/persons Fishery description 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. Marine mammal species and/or stocks incidentally killed or injured unknown unknown >403 unknown unknown unknown 7,000 unknown None None None None None None None None documented. documented. documented. documented. documented. documented. documented. documented. 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. 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 SEA Estimated number of vessels/persons Fishery description Marine mammal species and/or stocks incidentally killed or injured Category I Longline Fisheries: Atlantic Highly Migratory Species * ................................. Western Pacific Pelagic (HI Deep-set component) * VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 PO 00000 ∧ 53 .... Frm 00034 145 Fmt 4702 Sfmt 4702 Atlantic spotted dolphin, WNA; Bottlenose dolphin, Northern GMX oceanic; Bottlenose dolphin, WNA offshore; Common dolphin, WNA; Cuvier’s beaked whale, WNA; False killer whale, WNA; Killer whale, GMX oceanic; Kogia spp. whale (Pygmy or dwarf sperm whale), WNA; Long-finned pilot whale, WNA; Mesoplodon beaked whale, WNA; Minke whale, Canadian East coast; Pantropical spotted dolphin, WNA; Risso’s dolphin, GMX; Risso’s dolphin, WNA; Short-finned pilot whale, WNA. Bottlenose dolphin, HI Pelagic; False killer whale, HI Pelagic; 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; Striped dolphin, HI. E:\FR\FM\10OCP1.SGM 10OCP1 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules 54559 TABLE 3—LIST OF FISHERIES—COMMERCIAL FISHERIES ON THE HIGH SEA—Continued Estimated number of vessels/persons Fishery description Marine mammal species and/or stocks incidentally killed or injured 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 .................................................. 5 Long-beaked common dolphin, CA; Humpback whale, CA/ OR/WA; Northern right-whale dolphin, CA/OR/WA; Pacific white-sided dolphin, CA/OR/WA; Risso’s dolphin, CA/OR/ WA; Short-beaked common dolphin, CA/OR/WA. 1 0 No information. Antarctic fur seal. 33 1 No information No information. 0 6 2 18 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; Striped dolphin, HI. 2 41 11 5 No No No No information. information. information. information. 0 17 1 5 No No No No information. information. information. information. Category III Longline Fisheries: Northwest Atlantic Bottom Longline ................................ Pacific Highly Migratory Species ..................................... Purse Seine Fisheries: Pacific Highly Migratory Species * ∧ ................................ Trawl Fisheries: Northwest Atlantic ........................................................... Troll Fisheries: Pacific Highly Migratory Species * .................................. 3 108 None documented. None documented in the most recent 5 years of data. 5 None documented. 4 None documented. 119 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 5 years, permits obtained in past years exist in the HSFCA permit database for gear types that are now unauthorized. Therefore, while HSFCA permits exist for these gear types, it does not represent effort. In order to land fish species, fishers must be using an authorized gear type. Once these permits for unauthorized gear types expire, the permit-holder will be required to obtain a permit for an authorized gear type. ∧ The list of marine mammal species and/or stocks killed or injured in this fishery is identical to the list of marine mammal species and/or stocks killed or injured in U.S. waters component of the fishery, minus species and/or stocks that have geographic ranges exclusively in coastal waters, because the marine mammal species and/or stocks are also found on the high seas and the fishery remains the same on both sides of the EEZ boundary. Therefore, the high seas components of these fisheries pose the same risk to marine mammals as the components of these fisheries operating in U.S. waters. VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\10OCP1.SGM 10OCP1 54560 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules 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; Ocean. Classification The Chief Counsel for Regulation of the Department of Commerce has certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule would not have a significant economic impact on a substantial number of small entities. Any entity with combined annual fishery landing receipts less than $11 million is considered a small entity for purposes of the Regulatory Flexibility Act. Under the former, lower size standards, all entities subject to this action were considered small entities; thus, they all would continue to be considered small under the new standards. Under existing regulations, all individuals participating in Category I or II fisheries must register under the MMPA and obtain an authorization certificate. The authorization certificate authorizes the taking of non-endangered and non-threatened marine mammals incidental to commercial fishing operations. Additionally, individuals may be subject to a TRP and requested to carry an observer. NMFS has estimated that up to approximately 49,804 fishing vessels, most with annual VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 ∧ Only applicable to the portion of the fishery operating in the Atlantic revenues below the SBA’s small entity thresholds, may operate in Category I or II fisheries. As fishing vessels operating in Category I or II fisheries, they are required to register with NMFS. The MMPA registration process is integrated with existing state and Federal licensing, permitting, and registration programs. Therefore, individuals who have a state or Federal fishing permit or landing license, or who are authorized through another related state or Federal fishery registration program, are currently not required to register separately under the MMPA or pay the $25 registration fee. Through this integrated process, registration under the MMPA, including the $25 registration fee, is only required for vessels participating in a Category I or II non-permitted fishery. All Category I and II fisheries listed on the 2020 proposed LOF are permitted through state or Federal processes, and registration under the MMPA is covered through the integrated process. Therefore, this proposed rule would not impose any direct costs on small entities. The MMPA requires any vessel owner or operator participating in a fishery PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 listed on the LOF to report to NMFS, within 48 hours of the end of the fishing trip, all marine mammal incidental mortalities and injuries that occur during commercial fishing operations. These marine mammal mortalities and injuries are reported using a postagepaid, OMB approved form (OMB number 0648–0292). This postage-paid form requires less than 15 minutes to complete and can be dropped in any mailbox, faxed, emailed, or completed online within 48 hours of the vessels return to port. Therefore, record keeping and reporting costs associated with this LOF are minimal and would not have a significant impact on a substantial number of small entities. If a vessel is requested to carry an observer, vessels will not incur any direct economic costs associated with carrying that observer. As a result of this certification, an initial regulatory flexibility analysis is not required and none has been prepared. In the event that reclassification of a fishery to Category I or II results in a TRP, economic analyses of the effects of that TRP would be summarized in subsequent rulemaking actions. This proposed rule contains existing collection-of-information (COI) E:\FR\FM\10OCP1.SGM 10OCP1 Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Proposed Rules 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 proposed 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 preliminarily determined that publishing this proposed 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 management action, for example, through the development of a TRP, NMFS would first prepare an Environmental Impact Statement or Environmental Assessment, as required under NEPA, specific to that action. VerDate Sep<11>2014 16:44 Oct 09, 2019 Jkt 250001 This proposed 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 proposed rule will not affect the conclusions of those opinions. The classification of fisheries on the LOF is not considered to be a management action that would adversely affect threatened or endangered species. If NMFS takes a management action, for example, through the development of a TRP, NMFS would consult under ESA section 7 on that action. This proposed rule would have no adverse impacts on marine mammals and may have a positive impact on marine mammals by improving knowledge of marine mammals and the fisheries interacting with marine mammals through information collected from observer programs, stranding and sighting data, or take reduction teams. This proposed rule would not affect the land or water uses or natural resources of the coastal zone, as specified under section 307 of the Coastal Zone Management Act. References Bradford, A.L. 2018. Injury Determinations for Marine Mammals Observed Interacting with Hawaii and American Samoa Longline Fisheries During 2015– 2016. NOAA Technical Memorandum NMFS–PIFSC–70. 27 p. Bradford, A.L. and K.A. Forney. 2017. Injury Determinations for Marine Mammals Observed Interacting with Hawaii and American Samoa Longline Fisheries 2010–2014. NOAA Technical Memorandum NMFS–PIFSC–62. 35 p. Carretta, J.V., J.E. Moore, and K.A. Forney. 2019. Estimates of marine mammal, sea turtle, and seabird bycatch from the California large-mesh drift gillnet fishery: 1990–2017. Draft reviewed by the Pacific Scientific Review Group in March, 2019. 76 p. Carretta, J.V., K.A. Forney, E.M. 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. 2019a. U.S. Pacific Marine Mammal Stock Assessments: 2018. NOAA Technical Memorandum NOAA–TM–NMFS– SWFSC–617. 382 p. 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. Hayes, S.A., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 2019. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks Assessments, 2018. PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 54561 NOAA Technical Memorandum NOAA Technical Memorandum NMFS–NE–258. 306 p. Jannot, J.E., K.A. Somers, V. Tuttle, J. McVeigh, J.V. Carretta, and V. Helker. 2018. Observed and Estimated Marine Mammal Bycatch in U.S. West Coast Groundfish Fisheries, 2002–16. U.S. Department of Commerce, NWFSC Processed Report 2018–03. 45 p. https:// doi.org/10.25923/fkf8–0x49 U.S. Fish and Wildlife Service (USFWS). 2014. West Indian Manatee (Trichechus manatus)—Florida stock assessment report. Jacksonville, FL. 17 p. (Available at https://www.fws.gov/ecologicalservices/es-library/pdfs/West-IndianManatee-FL-Final-SAR.pdf) Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 2016. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks Assessments, 2015. NOAA Technical Memorandum NOAA– NE–238. 512 p. Dated: October 3, 2019. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2019–22007 Filed 10–9–19; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 191001–0049] RIN 0648–BI35 Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Whiting; Pacific Coast Groundfish Fishery Management Plan; Amendment 21–4; Catch Share Program, 5-Year Review, Follow-on Actions National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS proposes this measure to enact a range of Follow-on Actions identified in the course of conducting the Pacific Coast Groundfish Trawl Catch Share Program 5-Year Review. These actions are intended to complete outstanding elements of the Pacific Coast Groundfish Trawl Catch Share Program, respond to problems identified after implementing the program, and modify outdated regulations. This action proposes regulations in accordance with Amendment 21–4 to SUMMARY: E:\FR\FM\10OCP1.SGM 10OCP1

Agencies

[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Proposed Rules]
[Pages 54543-54561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22007]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 191003-0054]
RIN 0648-BI76


List of Fisheries for 2020

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 54544]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule, request for comment.

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SUMMARY: The National Marine Fisheries Service (NMFS) publishes its 
proposed List of Fisheries (LOF) for 2020, as required by the Marine 
Mammal Protection Act (MMPA). The LOF for 2020 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: Comments must be received by November 12, 2019.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2019-0041, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal:
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0041;
    2. Click the ``Comment Now!'' icon, complete the required fields;
    3. Enter or attach your comments.
    Mail: Submit written comments to Chief, Marine Mammal and Sea 
Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter N/A in the required fields if you wish to remain 
anonymous).

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. 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

[[Page 54545]]

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. SARs are brief reports summarizing the status of each stock of 
marine mammals occurring in waters under U.S. jurisdiction, including 
information on the identity and geographic range of the stock, 
population statistics related to abundance, trend, and annual 
productivity, notable habitat concerns, and estimates of human-caused 
M/SI by source. 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 2020 LOF generally summarizes data from 2012-2016. 
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 
5-year timeframe summarized in that year's LOF. For fisheries with no 
observer coverage and for observed fisheries with evidence indicating 
that undocumented interactions may be occurring (e.g., fishery has low 
observer coverage and stranding network data include evidence of 
fisheries interactions that cannot be attributed to a specific fishery) 
species and stocks may be retained for longer than 5 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 do not provide detailed 
information on observer coverage in Category III fisheries because, 
under the MMPA, Category III fisheries are not required to accommodate 
observers aboard vessels due to the remote likelihood of mortality and 
serious injury of marine mammals. Fishery information presented in the 
SARs' appendices and other resources referenced during the tier 
analysis may include: Level of observer coverage; target species; 
levels of fishing effort; spatial and temporal distribution of fishing 
effort; characteristics of fishing gear and operations; management and 
regulations; and interactions with marine mammals. Copies of the SARs 
are available on the NMFS Office of Protected Resources 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

[[Page 54546]]

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 5 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/permit/high-seas-fishing-permits.

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.

How do I register, renew and receive my Marine Mammal Authorization 
Program authorization certificate?

    NMFS has integrated the MMPA registration process, implemented 
through the Marine Mammal Authorization Program (MMAP), with existing 
state and Federal fishery license, registration, or permit systems for 
Category I and II fisheries on the LOF. Participants in these fisheries 
are automatically registered under the MMAP and are not required to 
submit registration or renewal materials.
    In the Pacific Islands, West Coast, and Alaska regions, NMFS will 
issue vessel or gear owners an authorization certificate via U.S. mail 
or with their state or Federal license or permit at the time of 
issuance or renewal. In the Greater Atlantic and Southeast Regions, 
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 who participate in fisheries in these regions 
and have not received authorization certificates by the beginning of 
the calendar year, or with renewed fishing licenses, must contact the 
appropriate NMFS Regional Office (see FOR FURTHER INFORMATION). 
Authorization certificates may also be obtained by visiting the 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).

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

[[Page 54547]]

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 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 established 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 2020 was based on, among other things, stranding data; 
fishermen self-reports; and SARs, primarily the 2018 SARs, which are 
based on data from 2012-2016. The SARs referenced in this LOF include: 
2016 (82 FR 29039; June 27, 2017), 2017 (83 FR 32093; July 11, 2018) 
and 2018 (84 FR 28489; June 19, 2019). The SARs are available at: 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region.

Summary of Changes to the LOF for 2020

    The following summarizes changes to the LOF for 2020, including the 
classification of fisheries, fisheries listed, the estimated number of 
vessels/persons in a particular fishery, and the species and/or stocks 
that are incidentally killed or injured in a particular fishery. NMFS 
re-classifies one fishery in the LOF for 2020. NMFS also makes changes 
to the estimated number of vessels/persons and list of species and/or 
stocks killed or injured in certain fisheries. The classifications and 
definitions of U.S. commercial fisheries for 2020 are identical to 
those provided in the LOF for 2019 with the changes discussed below. 
State and regional abbreviations used in the following paragraphs 
include: AK (Alaska), CA (California), GMX (Gulf of Mexico), HI 
(Hawaii), NC (North Carolina), OR (Oregon), WA (Washington), and WNA 
(Western North Atlantic).

Commercial Fisheries in the Pacific Ocean

Classification of Fisheries

    NMFS proposes to rename the Category III CA/OR coonstripe shrimp 
fishery to the CA coonstripe shrimp fishery and clarifies that the OR 
coonstripe shrimp pot fishery is a component of the Category III WA/OR 
shrimp pot/trap fishery. NMFS also proposes to reclassify the CA 
coonstripe shrimp fishery from a Category III to a Category II based on 
one incident of an entangled humpback whale that would have been 
classified as a serious injury if the whale had not been subsequently 
disentangled (Carretta et al., 2019).
    Targeted effort for coonstripe shrimp with pot gear is limited to 
fishing effort in California, where a specific permit exists for the 
coonstripe shrimp fishery. In Oregon and Washington, there have been 
only a few landings of small amounts of coonstripe shrimp with pot gear 
over the last 5 years (PacFIN landings data). As a result, the CA 
coonstripe shrimp pot fishery is distinct in terms of management and 
fishery participation. The WA/OR shrimp pot/trap fishery is categorized 
as a Category III fishery on the LOF. This fishery encompasses the very 
limited effort for coonstripe shrimp as well as other shrimp species, 
such as pink shrimp and spot prawn in both WA and OR. Given that 
fishing with pot/trap gear for shrimp in OR and WA is already 
associated with the WA/OR shrimp pot/trap fishery, we propose to 
clarify that the limited coonstripe shrimp pot fishing effort that may 
occur in OR is associated with the Category III WA/OR shrimp pot/trap 
fishery.
    In July 2017, a humpback whale was reported entangled near Crescent 
City, CA, in multiple sets of fishing gear, including coonstripe shrimp 
pot gear. While this humpback whale was ultimately disentangled, 
Carretta et al. (2019) determined this entanglement would have 
constituted a serious injury or mortality for the CA/OR/WA stock of 
humpback whale without human intervention. Most of the gear associated

[[Page 54548]]

with the entanglement was identified as coonstripe shrimp pot gear. 
This one entanglement event results in an estimate of at least 0.2 M/SI 
per year, which equates to 1.2 percent of the current PBR (PBR = 16.7 
whales; Carretta et al., 2019a) for the CA/OR/WA stock of humpback 
whale. The estimated total fisheries M/SI for the CA/OR/WA stock of 
humpback whale is 14.1, which is greater than 10 percent of PBR (Tier 1 
analysis). Therefore, because the estimated M/SI is between 1 and 50 
percent of PBR (Tier 2 analysis), NMFS proposes to reclassify the CA 
coonstripe shrimp fishery as a Category II fishery.

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to clarify that the Category II AK Southeast salmon 
drift gillnet fishery and Category III AK Southeast salmon purse seine 
fishery include both the AK Metlakatla salmon drift gillnet fishery and 
the AK Metlakatla salmon purse seine fishery. The Metlakatla Indian 
Community manages fisheries, including the commercial salmon fisheries, 
within their jurisdiction (Annette Island Reserve). The Metlakatla 
salmon fisheries are fished in the same region and using the same gear 
types as the corresponding State-managed salmon fisheries; therefore, 
NMFS clarifies that the Metlakatla commercial salmon fishing fleets are 
included in the AK Southeast salmon purse seine and AK Southeast salmon 
drift gillnet fisheries. Based on this proposed clarification, NMFS 
also proposes to remove the Category III AK Metlakatla salmon purse 
seine fishery from the LOF.

Number of Vessels/Persons

    NMFS proposes to update the estimated number of vessels/persons in 
the Pacific Ocean (Table 1) as follows:
Category I
     HI deep-set longline fishery from 142 to 145 vessels/
persons;
Category II
     HI shallow-set longline fishery from 13 to 18 vessels/
persons;
     American Samoa longline fishery from 20 to 15 vessels/
persons;
     CA thresher shark/swordfish drift gillnet (>=14 inch (in) 
mesh) fishery from 18 to 14 vessels/persons;
     CA halibut/white seabass and other species set gillnet 
(>3.5 in mesh) fishery from 50 to 37 vessels/persons;
     CA yellowtail, barracuda, and white seabass drift gillnet 
(mesh size >=3.5 in and <14 in) fishery from 30 to 22 vessels/persons;
     WA Puget Sound Region salmon drift gillnet fishery from 
210 to 154 vessels/persons;
     CA coonstripe shrimp pot fishery from 36 to 14 vessels/
persons;
     CA spiny lobster fishery from 194 to 186 vessels/persons;
     CA spot prawn pot fishery from 25 to 23 vessels/persons;
     CA Dungeness crab pot fishery from 570 to 501 vessels/
persons;
     OR Dungeness crab pot fishery from 433 to 342 vessels/
persons;
     WA/OR/CA sablefish pot fishery from 309 to 155 vessels/
persons;
     WA coastal Dungeness crab pot fishery from 228 to 197 
vessels/persons;
Category III
     American Samoa bottomfish handline fishery from 1092 to 
2095 vessels/persons.

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

    NMFS proposes to add the Eastern North Pacific stock of gray whale 
to the list of species/stocks incidentally killed or injured in the 
Category II CA thresher shark/swordfish drift gillnet (>=14 in mesh) 
fishery. An observer documented a gray whale mortality in the CA 
thresher shark/swordfish drift gillnet in 2013 (Carretta et al., 2019).
    NMFS proposes to add the Eastern North Pacific stock of gray whale 
to the list of species/stocks incidentally killed or injured in the 
Category II CA halibut/white seabass and other species set gillnet 
(>3.5 in mesh) fishery based on a self-reported entanglement in 2015.
    NMFS proposes to add the Alaska stock of ribbon seal to the list of 
species/stocks incidentally killed or injured in the Category II AK 
Bering Sea Aleutian Islands rockfish trawl fishery based on an observed 
mortality in 2014.
    NMFS proposes to add CA/OR/WA stock of humpback whale to the list 
of species/stocks incidentally killed or injured in the Category II CA 
coonstripe shrimp pot fishery based on a non-serious injury in 2017 
(Carretta et al., 2019). This entangled humpback whale was ultimately 
disentangled, however, Carretta et al. (2019) determined this 
entanglement would have constituted a serious injury or mortality for 
the CA/OR/WA stock of humpback whale without human intervention.
    NMFS proposes to add the California stock of long-beaked common 
dolphin to the list of species/stocks incidentally killed or injured in 
the Category II CA spot prawn pot fishery based on a stranding report. 
In 2017, a long-beaked common dolphin was found dead and entangled in 
CA spot prawn pot gear (Carretta et al., 2019).
    NMFS proposes to add the Western U.S. stock of Steller sea lion to, 
and remove the Alaska stock of Dall's porpoise from, the list of 
species/stocks incidentally killed or injured in the Category II AK 
Bering Sea Aleutian Islands Pacific cod longline fishery. Four Steller 
sea lion mortalities were observed, three in 2015 and one in 2014. 
There have been no recent Dall's porpoise mortalities or serious 
injuries observed.
    NMFS proposes to add the Eastern U.S. stock of Steller sea lion to 
the list of species/stocks incidentally killed or injured in the 
Category II AK Gulf of Alaska sablefish longline fishery based on an 
observed mortality in 2015.
    NMFS proposes to add four stocks to the list of species/stocks 
incidentally killed or injured in the Category III to WA/OR/CA 
groundfish, bottomfish longline/set line fishery based on observed 
injuries and mortalities reported in Jannot et al. 2018: (1) U.S. stock 
of California sea lion; (2) California breeding stock of Northern 
elephant seal; (3) CA/OR/WA stock of sperm whale; and (4) Eastern U.S. 
stock of Steller sea lion.
    NMFS proposes to add the Alaska stock of Dall's porpoise to the 
list of species/stocks incidentally killed or injured in the Category 
III AK Kodiak salmon purse seine fishery based on a self-reported 
mortality in 2013.
    NMFS proposes to add the Eastern U.S. stock of Steller sea lion to 
the list of species/stocks incidentally killed or injured in the 
Category III AK Gulf of Alaska halibut longline fishery based on an 
observed mortality in 2015.
    NMFS proposes to add two stocks to the list of species/stocks 
incidentally killed or injured in the Category III AK Bering Sea 
Aleutian Islands Pacific cod trawl fishery: (1) Alaska stock of ribbon 
seal based on an observed mortality in 2014; and (2) Alaska stock of 
bearded seal based on an observed mortality in 2013.
    NMFS proposes to remove the Hawaii stock of sperm whale from the 
list of species/stocks incidentally killed or injured in the Category I 
Hawaii deep-set longline fishery. From 2012-2016, there were no 
observed mortalities or injures of the Hawaii stock of sperm whale in 
the Hawaii deep-set longline fishery (Bradford, 2018, Carretta et al., 
2018).
    NMFS proposes to remove the Alaska stock of Dall's porpoise from 
the list of species/stocks incidentally killed or injured in the 
Category II AK Aleutian Islands pollock trawl fishery based on no 
recently observed mortalities or injuries.

[[Page 54549]]

    NMFS proposes to remove the Hawaii stock of short-finned pilot 
whale from the list of species/stocks incidentally killed or injured in 
the Category II HI shallow-set longline fishery. From 2012-2016, there 
were no observed mortalities or injures of the Hawaii stock of short-
finned pilot whale in the Hawaii shallow-set longline fishery 
(Bradford, 2018, Carretta et al., 2018).
    NMFS proposes to remove two stocks from the list of species/stocks 
incidentally killed or injured in the Category II American Samoa 
longline fishery including: (1) Unknown stock of Cuvier's beaked whale; 
and (2) unknown stock of bottlenose dolphin. There were no observed 
mortalities or injuries of Cuvier's beaked whales or bottlenose 
dolphins in the American Samoa longline fishery from 2012-2016 
(Bradford, 2018, Bradford and Forney, 2017).
    NMFS proposes to remove the Alaska stock of ribbon seal from the 
list of species/stocks incidentally killed or injured in the Category 
III AK Aleutian Islands Atka mackerel trawl fishery based on no 
recently observed mortalities or injuries.

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

Fishery Name and Organizational Changes and Clarification

    NMFS proposes to add a superscript ``1'' to the Western North 
Atlantic stock of gray seals to indicate it is driving the Category I 
classification of the Northeast sink gillnet fishery. The gray seal 
mean combined annual mortality in the Northeast sink gillnet fishery is 
estimated to be 821 animals each year, which represents 59.1 percent of 
PBR (1,389 animals). Observer coverage from 2012-2016 was 15, 11, 18, 
14 and 10 percent, respectively.
    NMFS proposes to add a superscript ``1'' to the Central Georgia 
estuarine stock of bottlenose dolphins to indicate it is driving the 
Category II classification of the Atlantic blue crab trap/pot fishery. 
In 2011 and 2013, there were two documented bottlenose dolphins 
entangled in crab trap/pot gear. The mean annual estimated mortality 
and serious injury is 21.1 percent of PBR (1.9) (Waring et al., 2016).
    NMFS proposes to add a superscript ``1'' to the Western North 
Atlantic stock of gray seals to indicate it is driving the Category II 
classification of the mid-Atlantic bottom trawl fishery. The gray seal 
mean combined annual mortality in the mid-Atlantic bottom trawl fishery 
is 20 animals per year, which represents 1.4 percent of PBR (1,389 
animals). Observer coverage from 2012-2016 was 5, 6, 8, 9 and 9.7 
percent, respectively.
    NMFS proposes to remove the superscript ``1'' from the Western 
North Atlantic stock of long-finned pilot whales to indicate the stock 
is no longer driving the Category I classification of the Atlantic 
Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery. The 
long-finned pilot whale mean combined annual mortality in the pelagic 
longline fishery is estimated to be 2.6 animals per year, which 
represents 7.4 percent of PBR. Observer coverage from 2012-2016 was 7, 
9, 10, 12 and 15, respectively.

Number of Vessels/Persons

    NMFS proposes updates to the estimated number of vessels/persons in 
the Atlantic Ocean, Gulf of Mexico, and Caribbean (Table 2) as follows:
Category I
     Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics 
longline fishery from 280 to 201 vessels/persons;
Category II
     NC inshore gillnet fishery from 2,850 to 2,676 vessels/
persons;
     Southeastern U.S. Atlantic shark gillnet fishery from 23 
to 21 vessels/persons;
     Southeastern U.S. Atlantic, Gulf of Mexico stone crab 
trap/pot fishery from 1,384 to 1,101 vessels/persons;
     Atlantic blue crab trap/pot fishery from 7,714 to 6,679 
vessels/persons;
     NC long haul seine fishery from 30 to 22 vessels/persons.

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

    NMFS proposes to add the Western North Atlantic stock of hooded 
seal to the list of species/stocks incidentally killed or injured in 
the Category I Mid-Atlantic gillnet fishery based on an observed hooded 
seal mortality in 2016. Observer coverage from 2012-2016 was 2, 3, 5, 6 
and 8 percent, respectively.
    NMFS proposes to add the Sarasota Bay, Little Sarasota Bay stock of 
bottlenose dolphin to the list of species/stocks incidentally killed or 
injured in the Category II Southeastern U.S. Atlantic, Gulf of Mexico 
stone crab trap/pot fishery. In 2016, one dolphin was disentangled from 
commercial stone crab trap/pot gear (Hayes et al., 2019).
    NMFS proposes to add the Mississippi River Delta stock of 
bottlenose dolphin to the list species/stocks incidentally killed or 
injured in the Category II Gulf of Mexico menhaden purse seine fishery 
based on two self-reported mortalities documented in 2018.
    NMFS proposed to add the Mobile Bay, Bonsecour Bay stock of 
bottlenose dolphin to the list of species/stocks incidentally killed or 
injured in the Category III Gulf of Mexico blue crab trap/pot fishery 
based on one documented entangled stranding mortality in 2015 (Hayes et 
al., 2019).
    NMFS proposes to remove two stocks from the list of species/stocks 
incidentally killed or injured in the Category I Northeast sink gillnet 
fishery: (1) Western North Atlantic stock of hooded seal; and (2) 
Western North Atlantic long-finned pilot whale. The last observed M/SI 
of these stocks in the Northeast sink gillnet fishery in was in 2004 
and 2010, respectively, and the fishery continues to be observed.
    Following consultation with the U.S. Fish and Wildlife Service 
(USFWS), NMFS proposes to remove the Florida stock of West Indian 
manatee from the list species/stocks incidentally killed or injured in 
the Category II Southeastern U.S. Atlantic, Gulf of Mexico shrimp trawl 
fishery. From 2008 to 2012, there were no documented fishery related 
injuries or mortalities in shrimp trawl fisheries (USFWS, 2014). NMFS 
also proposes to update the Atlantic spotted dolphin, GMX continental 
and oceanic stock name on the list of species and/or stocks 
incidentally killed or injured in the Southeastern U.S. Atlantic, Gulf 
of Mexico shrimp trawl fishery to the stock's current name, Atlantic 
spotted dolphin, Northern Gulf of Mexico.

Commercial Fisheries on the High Seas

Number of Vessels/Persons

    NMFS proposes updates to the estimated number of HSFCA permits for 
high seas fisheries (Table 3) as follows:
Category I
     Atlantic highly migratory species longline fishery from 67 
to 53 HSFCA permits;
     Western Pacific pelagic longline (HI deep-set component) 
fishery from 142 to 145 HSFCA permits;
Category II
     Pacific highly migratory species drift gillnet fishery 
from 6 to 5 HSFCA permits;
     South Pacific tuna purse seine fishery from 38 to 33 HSFCA 
permits;
     South Pacific albacore troll longline fishery from 11 to 6 
HSFCA permits;
     South Pacific tuna longline fishery from 3 to 2 HSFCA 
permits;
     Western Pacific pelagic longline (HI shallow-set 
component) fishery from 13 to 18 HSFCA permits;

[[Page 54550]]

     Pacific highly migratory species handline/pole and line 
fishery from 48 to 41 HSFCA permits;
     South Pacific albacore troll handline/pole and line 
fishery from 15 to 11 HSFCA permits;
     Western Pacific pelagic handline/pole and line fishery 
from 6 to 5 HSFCA permits;
     Atlantic highly migratory species troll fishery from 1 to 
0 HSFCA permits;
     South Pacific albacore troll fishery from 24 to 17 HSFCA 
permits;
     South Pacific tuna troll fishery from 3 to 1 HSFCA 
permits;
     Western Pacific pelagic troll fishery from 6 to 5 HSFCA 
permits;
Category III
     Northwest Atlantic bottom longline fishery from 2 to 3 
HSFCA permits;
     Pacific highly migratory species longline fishery from 128 
to 108 HSFCA permits;
     Pacific highly migratory species purse seine fishery from 
10 to 5 HSFCA permits;
     Pacific highly migratory species troll fishery from 150 to 
119 HSFCA permits.

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

    NMFS proposes to remove the Hawaii stock of sperm whale from the 
list of species/stocks incidentally killed or injured in the Category I 
Hawaii deep-set longline fishery. From 2012-2016, there were no 
observed mortalities or injures for the Hawaii stock of sperm whale in 
the Hawaii deep-set longline fishery (Bradford, 2018, Carretta et al., 
2018).
    NMFS proposes to remove the Hawaii stock of short-finned pilot 
whale from the list of species/stocks incidentally killed or injured in 
the Category II HI shallow-set longline fishery. From 2012-2016, there 
were no observed mortalities or injures for the Hawaii stock of short-
finned pilot whale in the Hawaii shallow-set longline fishery 
(Bradford, 2018, Carretta et al., 2018).

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., MMAP 
reports), and anecdotal reports. The best available scientific 
information included in these reports is based on data through 2016. 
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., MMAP 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 the species and 
distribution of marine mammals in the area). NMFS has designated those 
fisheries listed by analogy in Tables 1 and 2 by adding 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 on Table 1 or 2 and 
Table 3, are considered the same fisheries on either side of the

[[Page 54551]]

EEZ boundary. NMFS has designated those fisheries in each table by a 
``*'' after the fishery's name.

  Table 1--List of Fisheries--Commercial Fisheries in the Pacific Ocean
------------------------------------------------------------------------
                                                   Marine mammal species
                                Estimated number       and/or stocks
     Fishery description       of vessels/persons   incidentally killed
                                                         or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Longline/Set Line Fisheries:
    HI deep-set longline *                    145  Bottlenose dolphin,
     [supcaret].                                    HI Pelagic; False
                                                    killer whale, HI
                                                    Pelagic; \1\ False
                                                    killer whale, MHI
                                                    Insular; \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; Striped dolphin,
                                                    HI.
------------------------------------------------------------------------
                               Category II
------------------------------------------------------------------------
Gillnet Fisheries:
    CA thresher shark/                         14  Bottlenose dolphin,
     swordfish drift gillnet                        CA/OR/WA offshore;
     (>=14 in mesh) *.                              California sea lion,
                                                    U.S.; Dall's
                                                    porpoise, CA/OR/WA;
                                                    Gray whale, Eastern
                                                    North Pacific;
                                                    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                   37  California sea lion,
     and other species set                          U.S.; Gray whale,
     gillnet (>3.5 in mesh).                        Eastern North
                                                    Pacific; Harbor
                                                    seal, CA; Humpback
                                                    whale, CA/OR/WA; \1\
                                                    Long-beaked common
                                                    dolphin, CA;
                                                    Northern elephant
                                                    seal, CA breeding;
                                                    Sea otter, CA; Short-
                                                    beaked common
                                                    dolphin, CA/OR/WA.
    CA yellowtail, barracuda,                  22  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, Bristol
     drift gillnet \2\.                             Bay; Gray whale,
                                                    Eastern North
                                                    Pacific; Harbor
                                                    seal, Bering Sea;
                                                    Northern fur seal,
                                                    Eastern Pacific;
                                                    Pacific white-sided
                                                    dolphin, North
                                                    Pacific; Spotted
                                                    seal, AK; Steller
                                                    sea lion, Western
                                                    U.S.
    AK Bristol Bay salmon set                 979  Beluga whale, Bristol
     gillnet \2\.                                   Bay; Gray whale,
                                                    Eastern North
                                                    Pacific; Harbor
                                                    seal, Bering Sea;
                                                    Northern fur seal,
                                                    Eastern Pacific;
                                                    Spotted seal, AK.
    AK Kodiak salmon set                      188  Harbor porpoise, GOA;
     gillnet.                                       \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; Northern
     gillnet \2\.                                   sea otter, Southwest
                                                    AK; Steller sea
                                                    lion, Western U.S.
    AK Prince William Sound                   537  Dall's porpoise, AK;
     salmon drift gillnet.                          Harbor porpoise,
                                                    GOA; \1\ Harbor
                                                    seal, GOA; Northern
                                                    fur seal, Eastern
                                                    Pacific; Pacific
                                                    white-sided dolphin,
                                                    North Pacific; Sea
                                                    otter, South central
                                                    AK; Steller sea
                                                    lion, Western
                                                    U.S.\1\
    AK Southeast salmon drift                 474  Dall's porpoise, AK;
     gillnet.                                       Harbor porpoise,
                                                    Southeast AK; Harbor
                                                    seal, Southeast AK;
                                                    Humpback whale,
                                                    Central North
                                                    Pacific; \1\ Pacific
                                                    white-sided dolphin,
                                                    North Pacific;
                                                    Steller sea lion,
                                                    Eastern U.S.
    AK Yakutat salmon set                     168  Gray whale, Eastern
     gillnet \2\.                                   North Pacific;
                                                    Harbor Porpoise,
                                                    Southeastern AK;
                                                    Harbor seal,
                                                    Southeast AK;
                                                    Humpback whale,
                                                    Central North
                                                    Pacific (Southeast
                                                    AK).
    WA Puget Sound Region                     154  Dall's porpoise, CA/
     salmon drift gillnet                           OR/WA; Harbor
     (includes all inland                           porpoise, inland WA;
     waters south of US-                            \1\ Harbor seal, WA
     Canada border and                              inland.
     eastward of the Bonilla-
     Tatoosh line-Treaty
     Indian fishing is
     excluded).
Trawl Fisheries:

[[Page 54552]]

 
    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; 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\
                                                    Ribbon seal, AK.
Pot, Ring Net, and Trap        ..................  .....................
 Fisheries:
    CA coonstripe shrimp pot.                  14  Gray whale, Eastern
                                                    North Pacific;
                                                    Harbor seal, CA;
                                                    Humpback whale, CA/
                                                    OR/WA.
    CA spiny lobster.........                 186  Bottlenose dolphin,
                                                    CA/OR/WA offshore;
                                                    Humpback whale, CA/
                                                    OR/WA; \1\ Gray
                                                    whale, Eastern North
                                                    Pacific; Southern
                                                    sea otter.
    CA spot prawn pot........                  23  Gray whale, Eastern
                                                    North Pacific;
                                                    Humpback whale, CA/
                                                    OR/WA; \1\ Long-
                                                    beaked common
                                                    dolphin, CA.
    CA Dungeness crab pot....                 501  Blue whale, Eastern
                                                    North Pacific; \1\
                                                    Gray whale, Eastern
                                                    North Pacific;
                                                    Humpback whale, CA/
                                                    OR/WA.\1\
    OR Dungeness crab pot....                 342  Gray whale, Eastern
                                                    North Pacific;
                                                    Humpback whale, CA/
                                                    OR/WA.\1\
    WA/OR/CA sablefish pot...                 155  Humpback whale, CA/OR/
                                                    WA.\1\
    WA coastal Dungeness crab                 197  Gray whale, Eastern
     pot.                                           North Pacific;
                                                    Humpback whale, CA/
                                                    OR/WA.\1\
Longline/Set Line Fisheries:
    AK Bering Sea, Aleutian                    45  Killer whale, Eastern
     Islands Pacific cod                            North Pacific AK
     longline.                                      resident; Killer
                                                    whale, GOA, BSAI
                                                    transient; \1\
                                                    Northern fur seal,
                                                    Eastern Pacific;
                                                    Ringed seal, AK;
                                                    Spotted seal, AK;
                                                    Steller sea lion,
                                                    Western U.S.
    AK Gulf of Alaska                         295  Sperm whale, North
     sablefish longline.                            Pacific; Steller sea
                                                    lion, Eastern U.S.;
                                                    Steller sea lion,
                                                    Western U.S.
    HI shallow-set longline *                  18  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;
                                                    Striped dolphin, HI.
    American Samoa longline                    15  False killer whale,
     \2\.                                           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  Dall's porpoise, AK;
     seine.                                         Humpback whale,
                                                    Central North
                                                    Pacific; Humpback
                                                    whale, Western North
                                                    Pacific.
    AK Southeast salmon purse                 315  Humpback whale,
     seine.                                         Central North
                                                    Pacific.
    AK roe herring and food/                   10  None documented.
     bait herring beach seine.

[[Page 54553]]

 
    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  Steller sea lion,
     longline.                                      Eastern U.S.
    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.                                          California sea lion,
                                                    U.S.; Northern
                                                    elephant seal,
                                                    California breeding;
                                                    Sperm whale, CA/OR/
                                                    WA; Steller sea
                                                    lion, Eastern U.S.
    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                          Steller sea lion,
     trawl.                                         Western U.S.
    AK Bering Sea, Aleutian                    72  Bearded seal, AK;
     Islands Pacific cod                            Ribbon seal, AK;
     trawl.                                         Ringed seal, AK;
                                                    Steller sea lion,
                                                    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.

[[Page 54554]]

 
    AK Kodiak food/bait                         4  None documented.
     herring otter trawl.
    AK shrimp otter trawl and                  38  None documented.
     beam trawl.
    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 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                2095  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 54555]]

 
    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 species
                                Estimated number       and/or stocks
     Fishery description       of vessels/persons   incidentally killed
                                                         or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Gillnet Fisheries:
    Mid-Atlantic gillnet.....               3,950  Bottlenose dolphin,
                                                    Northern Migratory
                                                    coastal; 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;
                                                    Hooded 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; \1\
                                                    Harbor porpoise, GME/
                                                    BF; Harbor seal,
                                                    WNA; Harp seal, WNA;
                                                    Humpback whale, Gulf
                                                    of Maine; 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,                           201  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;
                                                    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).
    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.......               2,676  Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system;
                                                    \1\ Bottlenose
                                                    dolphin, Southern NC
                                                    estuarine system.\1\

[[Page 54556]]

 
    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.                          21  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;
                                                    \1\ 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, Northern
     shrimp trawl.                                  Gulf of Mexico;
                                                    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\
Trap/Pot Fisheries:
    Southeastern U.S.                       1,101  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; Bottlenose
                                                    dolphin, Sarasota
                                                    Bay, Little Sarasota
                                                    Bay.
    Atlantic mixed species                  3,332  Fin whale, WNA;
     trap/pot \2\.                                  Humpback whale, Gulf
                                                    of Maine.
    Atlantic blue crab trap/                6,679  Bottlenose dolphin,
     pot.                                           Central FL coastal;
                                                    Bottlenose dolphin,
                                                    Central GA estuarine
                                                    system; \1\
                                                    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 River
                                                    Delta; Bottlenose
                                                    dolphin, Mississippi
                                                    Sound, Lake Borgne,
                                                    Bay Boudreau;
                                                    Bottlenose dolphin,
                                                    Northern GMX
                                                    coastal; \1\
                                                    Bottlenose dolphin,
                                                    Western GMX
                                                    coastal.\1\
    Mid-Atlantic menhaden                      19  Bottlenose dolphin,
     purse seine \2\.                               Northern Migratory
                                                    coastal; Bottlenose
                                                    dolphin, Southern
                                                    Migratory coastal.
Haul/Beach Seine Fisheries:
    Mid-Atlantic haul/beach                   359  Bottlenose dolphin,
     seine.                                         Northern Migratory
                                                    coastal; \1\
                                                    Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system;
                                                    \1\ Bottlenose
                                                    dolphin, Southern
                                                    Migratory
                                                    coastal.\1\
    NC long haul seine.......                  22  Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system;
                                                    \1\ Bottlenose
                                                    dolphin, Southern NC
                                                    estuarine system.
Stop Net Fisheries:

[[Page 54557]]

 
    NC roe mullet stop net...                   1  Bottlenose dolphin,
                                                    Northern NC
                                                    estuarine system;
                                                    Bottlenose dolphin,
                                                    unknown (Southern
                                                    migratory coastal or
                                                    Southern NC
                                                    estuarine system).
Pound Net Fisheries:
    VA pound net.............                  26  Bottlenose dolphin,
                                                    Northern migratory
                                                    coastal; Bottlenose
                                                    dolphin, Northern NC
                                                    estuarine system;
                                                    Bottlenose dolphin,
                                                    Southern Migratory
                                                    coastal.\1\
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
Gillnet Fisheries:
    Caribbean gillnet........                >991  None documented in
                                                    the most recent five
                                                    years of data.
    DE River inshore gillnet.             unknown  None documented in
                                                    the most recent five
                                                    years of data.
    Long Island Sound inshore             unknown  None documented in
     gillnet.                                       the most recent five
                                                    years of data.
    RI, southern MA (to                   unknown  None documented in
     Monomoy Island), and NY                        the most recent five
     Bight (Raritan and Lower                       years of data.
     NY Bays) inshore gillnet.
    Southeast Atlantic                    unknown  Bottlenose dolphin,
     inshore gillnet.                               Northern SC
                                                    estuarine system.
Trawl Fisheries:
    Atlantic shellfish bottom                 >58  None documented.
     trawl.
    Gulf of Mexico butterfish                   2  Bottlenose dolphin,
     trawl.                                         Northern GMX
                                                    oceanic; Bottlenose
                                                    dolphin, Northern
                                                    GMX continental
                                                    shelf.
    Gulf of Mexico mixed                       20  None documented.
     species trawl.
    GA cannonball jellyfish                     1  Bottlenose dolphin,
     trawl.                                         SC/GA coastal.
Marine Aquaculture Fisheries:
    Finfish aquaculture......                  48  Harbor seal, WNA.
    Shellfish aquaculture....             unknown  None documented.
Purse Seine Fisheries:
    Gulf of Maine Atlantic                     >7  Harbor seal, WNA.
     herring purse seine.
    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, Gulf
     harpoon.                                       of Maine.
    Southeastern U.S.                      >5,000  Bottlenose dolphin,
     Atlantic, Gulf of                              GMX continental
     Mexico, and Caribbean                          shelf.
     snapper-grouper and
     other reef fish bottom
     longline/hook-and-line.
    Southeastern U.S.                          39  Bottlenose dolphin,
     Atlantic, Gulf of Mexico                       Eastern GMX coastal;
     shark bottom longline/                         Bottlenose dolphin,
     hook-and-line.                                 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, Mobile Bay,
                                                    Bonsecour Bay;
                                                    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:
    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.

[[Page 54558]]

 
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 Sea
------------------------------------------------------------------------
                                                   Marine mammal species
                                Estimated number       and/or stocks
     Fishery description       of vessels/persons   incidentally killed
                                                         or injured
------------------------------------------------------------------------
                               Category I
------------------------------------------------------------------------
Longline Fisheries:
    Atlantic Highly Migratory                  53  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                   145  Bottlenose dolphin,
     (HI Deep-set component)                        HI Pelagic; False
     * [supcaret].                                  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;
                                                    Striped dolphin, HI.
------------------------------------------------------------------------

[[Page 54559]]

 
                               Category II
------------------------------------------------------------------------
Drift Gillnet Fisheries:
    Pacific Highly Migratory                    5  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                         33  No information
     Fisheries.
    Western Pacific Pelagic..                   1  No information.
Longline Fisheries:
    CCAMLR...................                   0  None documented.
    South Pacific Albacore                      6  No information.
     Troll.
    South Pacific Tuna                          2  No information.
     Fisheries **.
    Western Pacific Pelagic                    18  Blainville's beaked
     (HI Shallow-set                                whale, HI;
     component) * [supcaret].                       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;
                                                    Striped dolphin, HI.
Handline/Pole and Line
 Fisheries:
    Atlantic Highly Migratory                   2  No information.
     Species.
    Pacific Highly Migratory                   41  No information.
     Species.
    South Pacific Albacore                     11  No information.
     Troll.
    Western Pacific Pelagic..                   5  No information.
Troll Fisheries:
    Atlantic Highly Migratory                   0  No information.
     Species.
    South Pacific Albacore                     17  No information.
     Troll.
    South Pacific Tuna                          1  No information.
     Fisheries **.
    Western Pacific Pelagic..                   5  No information.
------------------------------------------------------------------------
                              Category III
------------------------------------------------------------------------
Longline Fisheries:
    Northwest Atlantic Bottom                   3  None documented.
     Longline.
    Pacific Highly Migratory                  108  None documented in
     Species.                                       the most recent 5
                                                    years of data.
Purse Seine Fisheries:
    Pacific Highly Migratory                    5  None documented.
     Species * [supcaret].
Trawl Fisheries:
    Northwest Atlantic.......                   4  None documented.
Troll Fisheries:
    Pacific Highly Migratory                  119  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 5 years, permits obtained in past years
  exist in the HSFCA permit database for gear types that are now
  unauthorized. Therefore, while HSFCA permits exist for these gear
  types, it does not represent effort. In order to land fish species,
  fishers must be using an authorized gear type. Once these permits for
  unauthorized gear types expire, the permit-holder will be required to
  obtain a permit for an authorized gear type.
[supcaret] The list of marine mammal species 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.


[[Page 54560]]


      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 has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
Any entity with combined annual fishery landing receipts less than $11 
million is considered a small entity for purposes of the Regulatory 
Flexibility Act. Under the former, lower size standards, all entities 
subject to this action were considered small entities; thus, they all 
would continue to be considered small under the new standards.
    Under existing regulations, all individuals participating in 
Category I or II fisheries must register under the MMPA and obtain an 
authorization certificate. The authorization certificate authorizes the 
taking of non-endangered and non-threatened marine mammals incidental 
to commercial fishing operations. Additionally, individuals may be 
subject to a TRP and requested to carry an observer. NMFS has estimated 
that up to approximately 49,804 fishing vessels, most with annual 
revenues below the SBA's small entity thresholds, may operate in 
Category I or II fisheries. As fishing vessels operating in Category I 
or II fisheries, they are required to register with NMFS. The MMPA 
registration process is integrated with existing state and Federal 
licensing, permitting, and registration programs. Therefore, 
individuals who have a state or Federal fishing permit or landing 
license, or who are authorized through another related state or Federal 
fishery registration program, are currently not required to register 
separately under the MMPA or pay the $25 registration fee. Through this 
integrated process, registration under the MMPA, including the $25 
registration fee, is only required for vessels participating in a 
Category I or II non-permitted fishery. All Category I and II fisheries 
listed on the 2020 proposed LOF are permitted through state or Federal 
processes, and registration under the MMPA is covered through the 
integrated process. Therefore, this proposed rule would not impose any 
direct costs on small entities.
    The MMPA requires any vessel owner or operator participating in a 
fishery listed on the LOF to report to NMFS, within 48 hours of the end 
of the fishing trip, all marine mammal incidental mortalities and 
injuries that occur during commercial fishing operations. These marine 
mammal mortalities and injuries are reported using a postage-paid, OMB 
approved form (OMB number 0648-0292). This postage-paid form requires 
less than 15 minutes to complete and can be dropped in any mailbox, 
faxed, emailed, or completed online within 48 hours of the vessels 
return to port. Therefore, record keeping and reporting costs 
associated with this LOF are minimal and would not have a significant 
impact on a substantial number of small entities.
    If a vessel is requested to carry an observer, vessels will not 
incur any direct economic costs associated with carrying that observer. 
As a result of this certification, an initial regulatory flexibility 
analysis is not required and none has been prepared. In the event that 
reclassification of a fishery to Category I or II results in a TRP, 
economic analyses of the effects of that TRP would be summarized in 
subsequent rulemaking actions.
    This proposed rule contains existing collection-of-information 
(COI)

[[Page 54561]]

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 proposed 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 preliminarily determined that publishing this 
proposed 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 
management action, for example, through the development of a TRP, NMFS 
would first prepare an Environmental Impact Statement or Environmental 
Assessment, as required under NEPA, specific to that action.
    This proposed 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 proposed rule will not affect the conclusions of 
those opinions. The classification of fisheries on the LOF is not 
considered to be a management action that would adversely affect 
threatened or endangered species. If NMFS takes a management action, 
for example, through the development of a TRP, NMFS would consult under 
ESA section 7 on that action.
    This proposed rule would have no adverse impacts on marine mammals 
and may have a positive impact on marine mammals by improving knowledge 
of marine mammals and the fisheries interacting with marine mammals 
through information collected from observer programs, stranding and 
sighting data, or take reduction teams.
    This proposed rule would not affect the land or water uses or 
natural resources of the coastal zone, as specified under section 307 
of the Coastal Zone Management Act.

References

Bradford, A.L. 2018. Injury Determinations for Marine Mammals 
Observed Interacting with Hawaii and American Samoa Longline 
Fisheries During 2015-2016. NOAA Technical Memorandum NMFS-PIFSC-70. 
27 p.
Bradford, A.L. and K.A. Forney. 2017. Injury Determinations for 
Marine Mammals Observed Interacting with Hawaii and American Samoa 
Longline Fisheries 2010-2014. NOAA Technical Memorandum NMFS-PIFSC-
62. 35 p.
Carretta, J.V., J.E. Moore, and K.A. Forney. 2019. Estimates of 
marine mammal, sea turtle, and seabird bycatch from the California 
large-mesh drift gillnet fishery: 1990-2017. Draft reviewed by the 
Pacific Scientific Review Group in March, 2019. 76 p.
Carretta, J.V., K.A. Forney, E.M. 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. 
2019a. U.S. Pacific Marine Mammal Stock Assessments: 2018. NOAA 
Technical Memorandum NOAA-TM-NMFS-SWFSC-617. 382 p.
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.
Hayes, S.A., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 
2019. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks 
Assessments, 2018. NOAA Technical Memorandum NOAA Technical 
Memorandum NMFS-NE-258. 306 p.
Jannot, J.E., K.A. Somers, V. Tuttle, J. McVeigh, J.V. Carretta, and 
V. Helker. 2018. Observed and Estimated Marine Mammal Bycatch in 
U.S. West Coast Groundfish Fisheries, 2002-16. U.S. Department of 
Commerce, NWFSC Processed Report 2018-03. 45 p. https://doi.org/10.25923/fkf8-0x49
U.S. Fish and Wildlife Service (USFWS). 2014. West Indian Manatee 
(Trichechus manatus)--Florida stock assessment report. Jacksonville, 
FL. 17 p. (Available at https://www.fws.gov/ecological-services/es-library/pdfs/West-Indian-Manatee-FL-Final-SAR.pdf)
Waring, G.T., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 
2016. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks 
Assessments, 2015. NOAA Technical Memorandum NOAA-NE-238. 512 p.

    Dated: October 3, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2019-22007 Filed 10-9-19; 8:45 am]
BILLING CODE 3510-22-P